Privacy Policy

1: Introduction

Thought that Counts Pty Ltd (ACN 646 389 139) (we, us or our) is the developer of the

Reminderfy App (App). We offer the App through the online commerce platform (Shopify

Platform) hosted by Shopify inc. and its affiliates (Shopify) to entities (merchant, you, your) that

host an online store on the commerce platform (Merchant Store).

Our App:

(a) sends reminders about your products or services to your customers that visit, or transact

through, the Merchant Store where that customer has requested to receive a reminder

about any of those products or services; and

(b) enables you to send marketing communications to your customers (that have consented

to receive marketing communications from you) about previously purchased products or

services, related products or services or new products or services at the frequency that

you nominate,

(the App Services).

We are granted access to personal information relating to a merchant (including your customers)

that transact through or visit your Merchant Store, through the Shopify Platform. We are

committed to safeguarding the personal information about individuals that we handle. This Privacy Policy describes generally how we manage the personal information that we handle.

This Privacy Policy is intended to provide a general overview of our policies in respect of the

handling of personal information that we receive. "Personal information" is essentially information

or an opinion about an identified or reasonably identifiable individual.

This Privacy Policy is intended to cover most personal information we handle but is not

exhaustive. Other policies may override or supplement this Privacy Policy in certain

circumstances. For example, when we collect personal information, we may advise a specific

purpose for collecting that personal information, in which case we will handle that personal

information in accordance with that purpose.

If you have any queries about our handling of the personal information, please contact us (see

section 20 below) for further information.

2: Notification of collection

When we collect or are provided with access to personal information (whether relating to you or

your customers), we take reasonable steps to ensure that you are aware of certain details. This

Privacy Policy provides those details as they typically apply in many situations. Specifically:

• the purposes for which we collect personal information are described in section 3 ;
•  the organisations to which we would usually disclose it are described in section 6 ;
• whether we are likely to disclose it to overseas recipients, and where practicable the countries in which they are located, are described in section 9 ;
• whether there are laws or court/tribunal orders which require or authorise us to collect it is described in section 10 ; and
•  the main consequences for you if you fail to provide it are described in section 11 .

However, depending on our specific interaction with you, different details may apply. If we do not

notify you of such other details, the details in this Privacy Policy apply.

3: Why we handle personal information

Generally speaking, we collect, hold, use, disclose and receive personal information from you so

that we may provide our products and services, and effectively communicate and interact with

you.

The purposes for which we handle personal information depend on your dealings with us, but

generally they may include enabling us to:

• provide products and services to you as our customer (eg a merchant on the Shopify platform who downloads the Reminderfy App) so that you can provide those products and services to your customers;
• communicate with our customers, suppliers and other business contacts (including providing information you request, responding to your enquiries, managing complaints or otherwise facilitating the purpose for which you have contacted us);
•  handle payments;
•  manage and account for our products and services;
• verify your identity, if required;
•  inform our customers and other business contacts about our products and services, or provide marketing and promotional material regarding our products or services (including newsletters or other materials);
•  market our products and services;
•  manage our employees and contractors;
•  seek feedback from you and perform market research, so that we can gauge your satisfaction with our products or services;
• generally carry on our business (including maintaining our business records and ensuring compliance with our legal and insurance obligations); and
•  to engage in other activities where required or permitted by law or where you have given your consent.

4: What personal information we collect and hold or receive and hold

The kinds of personal information we may collect and hold or receive and hold about you depend on your dealings with us, but generally it may include:

• business details including those of your business operations and details of products or services you purchase from us;
• information about your business offerings including products and services you provide to your customers;
•  your employee's names, email addresses and telephone numbers;
• the name, email address and telephone number of your customers;
•  information about products and services that your customers have purchased from you;
• information about your relationships with others, such as our business contacts or our customers; and
• credit card and payment details if you purchase products and services from us.

We aim to limit personal information we collect to that which is reasonably necessary for our

functions or activities.

5: How we collect and hold or receive and hold personal information

We may collect or receive personal information from various sources, including our customers,

suppliers, business contacts and prospective employees.

The ways in which we collect and hold or receive and hold personal information depend on your

dealings with us, but generally it may include if you:

• meet with us (when you might inform us of your personal details or hand over a business card);
• communicate with us (eg, if you submit an enquiry), including by letter, telephone or email);
• provide us with details on your customers (as stated in section 4 above);
• order products and services from us or register your interest in our products and services;
• engage with our online marketing; or
• submit information through our websites or social media accounts.

In some circumstances, we may collect personal information about you from third parties such as (as applicable):

• our customers, potential customers and their business contacts; or
• publicly-available resources.

We receive all personal information that you provide to us about third parties on the understanding that you have obtained the relevant individual's consent for us to collect and handle that personal information in accordance with this Privacy Policy.

We may hold personal information in electronic or hard-copy formats. More information about

how we store personal information is set out in section 13 .

6: Use and disclosure of personal information

We will generally only use or disclose personal information for the purpose for which we collected it, and for related purposes we consider would be within your reasonable expectations.

Where we propose to use or disclose the personal information for a purpose other than as

described in this Privacy Policy, we will seek your permission (unless we are required or permitted by law to use or disclose personal information without obtaining consent).

By providing us with the personal information, you consent to us using and disclosing the personal information as described in this Privacy Policy.

7: Who we disclose personal information to

We generally disclose personal information to (as applicable in the circumstances):

• certain suppliers who provide products or services to or for us (for example, those who develop and maintain our computer systems, electronic records, websites and social media accounts, or provide payment processing services or other services);
• other persons in connection with the provision of our products and services (such as our customers, suppliers and their contractors and other business contacts);
• our auditors, insurers and legal and other professional advisers;
• members of our corporate group; or
• any person to whom you authorise us to disclose the information.

We endeavour to ensure third parties only receive the personal information necessary to undertake their work for us, and that they are bound by appropriate confidentiality obligations to ensure the information we disclose is only used for the limited purposes for which we provide it.

We generally ensure such organisations are contractually required to ensure that information we

disclose is used only for the limited purposes for which we provide it.

8: Direct marketing

We may send you marketing or promotional communications by post or by electronic means (such as email or SMS). You may ask not to receive such material from us by contacting us (see

section 19 below) or by using the opt-out function included in those communications.

There are no consequences of opting-out of receiving our marketing and promotional

communications except that you will no longer receive them, and you may elect to re-join our

marketing list at a later time if you wish.

9: Overseas recipients

We are not likely to disclose personal information to overseas recipients, except with your consent or where we are required to or authorised to do so by law.

We may disclose personal information to overseas recipients where required in order to provide

specific products or services our customers require (limiting the disclosure to the extent required for such purposes). 

Personal information may be stored or processed on servers located overseas, however generally we retain effective control over such data.

10: Legal requirements for collection

There will not usually be Australian laws or court/tribunal orders which require or authorise us to

collect the personal information.

11: Consequences of failure to collect personal information

If you fail to provide personal information requested by us, or if the personal information you

supply is incorrect or incomplete, there may be a range of consequences, for example we may be unable to process or respond to your request or provide products or services to you or your customers.

You have the option of providing personal information but not identifying individuals (eg

employees and customers), or using a pseudonym, when dealing with us, unless it is legally

necessary or impracticable for us to deal with individuals who are not identified. Please let us

know if we request personal information but you would prefer the personal information remain

anonymous. We will notify you if we require individuals to be correctly identified for a particular

interaction.

12: Sensitive information

We do not generally collect sensitive information (which may include, for example, information

about an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs,

professional association or trade union membership, sexual orientation, criminal record, or health or disability).

If we do collect sensitive information, we only do so with your consent and if the information is

reasonably necessary for one of our functions or activities. We will assume you have consented

(and have obtained the consent of your customers) to us collecting, using and disclosing (in

accordance with this Privacy Policy) all information that you provide to us, including any sensitive information, unless you tell us otherwise at the time of collection. If we request your sensitive information but you have any concerns providing it to us, please let us know.

13: Storage and security

We take reasonable steps to protect personal information we hold from misuse, interference and loss as well as unauthorised access, modification or disclosure.

For example, information stored on our information technology systems is protected by security

features and procedures. We undertake regular monitoring of our practices and systems to

ensure the effectiveness our security policies and identify and implement improvements where

appropriate.

However, we cannot and do not guarantee that personal information we hold will be protected

against unauthorised access or misuse. Unfortunately, no system or methodology for holding

personal information can be guaranteed as entirely secure.

Generally, we will take reasonable steps to destroy or permanently de-identify personal

information as soon as it is no longer required or permitted to be used by us. We may retain

personal information where we are required or permitted to do so by law, such as for insurance,

legal or corporate governance purposes or for the prevention of fraud. Personal information may

also be retained in our archival records.

14: Access to and correction of personal information

You may contact us to request access to or correction of the personal information we hold about you or your customers.

We may refuse to allow access or to amend personal information if we are legally required or

permitted to do so. In that case, we will (unless it is unreasonable to do so) provide you with

written reasons for the refusal together with information about the options available to complain

about the refusal.

We will respond to your request for access within a reasonable period after the request is made

and we will give access to the information in the manner requested if it is reasonable and

practicable to do so. We may require you to comply with certain procedures before we allow

access to or amendment of the personal information (eg, providing satisfactory identification), in order to ensure the integrity and security of information that we hold. Please understand that our requirements to identify individuals requesting access to personal information are designed to protect you and other individuals from unauthorised access.

We may require you to pay certain costs in order to access personal information held by us. We

will advise the amount payable (if any) once we have assessed your application for access. We

will not however charge a fee for you to lodge a request for access to or correction of the personal information.

We will take reasonable steps to ensure that the personal information we collect is accurate, up-

to-date and complete, and the personal information we use and disclose is accurate, up-to-date,

complete and relevant. If we are satisfied that any personal information we hold about you or your customers is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will amend our records accordingly.

Please let us know if any of your or your customers personal information changes, so that we may ensure our records are current.

15: Online privacy

This section of our Privacy Policy describes how we handle personal information in connection

with online services we provide (which includes services provided by us via the Internet such as

our website, email and social media accounts). This section applies to personal information

handled in connection with online services in addition to the remainder of the Privacy Policy.

15.1 Automatic server logs

Our servers automatically collect various details when you use our website, including:

• your IP (Internet Protocol) address (generally, an identifier assigned to your device when it is connected to the Internet);
• the operating system and Internet browser software you are currently using; and
• the data you access (such as web pages or other document files or software), and the time that you access it.

We do not attempt to identify individuals using this information, and only use it for statistical

analysis, system administration, and similar related purposes. This information is not disclosed to any other party.

15.2 Cookies

Our website uses "cookies", which identify your device to our servers when you visit our website.

Our website may request to store cookies on your device in order to improve and customise your

future visits. Through the use of cookies our site can deliver customised content to you. If you do not want information collected through the use of cookies, you may be able to configure your

Internet browser to disable them.

We do not attempt to specifically identify and track individuals using cookies.

15.3 Email and messages

We may collect personal information from you (such as your name and email address, and any

other personal information you volunteer) if you send us email. We will use this to contact you to

respond to your message, to send you information that you request, and for other related

purposes we consider are within your reasonable expectations.

15.4 Storage and transmission of personal information online

If you provide any personal information to us via our online services (including email) or if we

provide such information to you by such means, the privacy, security and integrity of this

information cannot be guaranteed during its transmission unless we have indicated beforehand

that a particular transaction or transmission of information will be protected (for example, by encryption).

15.5 Other online services

If any of our online services (including any email messages we send to you) contain links to other online services that are not maintained by us, or if other services link to our online services, we are not responsible for the privacy practices of the organisations that operate those other services, and by providing such links we do not endorse or approve the other services. This Privacy Policy applies only in respect of our online services.

15.6 No data extraction

You are not permitted to extract, harvest or "scrape" personal information or other data from our website using any automated or non-automated process (whether directly or indirectly).

16: Data breach

If we suspect or there is unauthorised access to or disclosure of, or loss of, personal information we hold, we will undertake a prompt investigation, which will include an assessment of whether the incident is likely to result in serious harm to an individual. If that is the case, we will comply with the requirements of the Act which may require notification to the Office of the Australian Information Commissioner (OAIC) and affected individuals.

Please contact us if you have reason to believe or suspect that a data breach may have occurred, so that we may investigate and, if necessary, undertake appropriate containment, risk mitigation and notification activities as required.

17: Information provided by the merchant

You warrant and represent to us that you have complied (and will continue to comply) with the

Privacy Act 1988 (Cth) and all other laws regulating access to or processing of personal

information (Privacy Laws) and the Spam Act 2003 (Cth) (Spam Act), including by:

(a) making such disclosures and procuring such consents as are required to enable us to

provide you and your customers with the App Services in accordance with this Privacy

Policy and in compliance with the Privacy Laws and the Spam Act;

(b) ensuring that when you collect and disclose personal information to us (whether that be

from you or your customers) that we comply with and do not breach our obligations under

any Privacy Laws or the Spam Act; and

(c) ensuring we are able to perform our obligations and handle personal information in

accordance with this Privacy Policy.

You must:

(d) not, and you warrant and represent to us that you will not do anything in relation to

personal information that would cause us to contravene any laws, including the Privacy

Laws and the Spam Act;

(e) cooperate with us to resolve any complaint or inquiry made under any Privacy Laws or the

Spam Act, or in relation to any request for access to personal information.

18: Complaints

If you have a complaint about our handling of the personal information we receive, or you believe that a breach of your privacy has occurred, please contact us using the details below.

Your complaint will be considered and dealt with by our nominated representative, who may

escalate the complaint internally within our organisation if the matter is serious or if necessary to resolve it.

Please allow us a reasonable time to respond to a compliant. If you are not satisfied with our

response, you may make a complaint to the OAIC (whose contact details can be found at:

http://www.oaic.gov.au/).

19: Changes to our Privacy Policy

We may amend this Privacy Policy at any time. We publish our current Privacy Policy on our

website, and you may obtain a copy of our Privacy Policy from our website or by contacting us.

20: Contact details

Please contact us at the email address help@reminderfy.com.au if you have an

enquiry about our privacy practices or handling of the personal information.