1.1 The Nichify application (App) is owned and operated by Nichify Holdings Pty Ltd ACN 168 668 826 (Nichify, We, Us or Our).
1.2 The App provides a service with the intended use to facilitate interaction between brands (Brands) and high-profile social media users (Influencers) who may wish to develop a commercial relationship. In these terms and conditions, Brands and Influencers are collectively referred to as Users or You (with all derivative words having a corresponding meaning).
Personal Information is any information about You where Your identity is apparent, or can reasonably be ascertained from the information, including, but not limited to, Your name, address, email address, photos or phone number and other like information.
1.7 We endorse fair information handling practices and use of information in compliance with Our obligations under the privacy laws in force in Australia from time to time. Any information provided, including identification of individuals, will be used only for the purpose/s intended or authorised and where the intention includes confidentiality, information will be treated as such unless otherwise required by law.
1.8 Nichify may change this Policy by updating this page. Any update to this Policy will be effective from the date that it is posted on the App or on Our website, www.nichify.com
2. Collection of Personal Information
2.1 Users’ Personal Information is held by Nichify in accordance with the requirements of the Privacy Act 1988 (Cth). We actively collect only the Personal Information that is reasonably necessary for Users to utilise the App.
2.2 We will collect Personal Information from You when You register to use the App. Personal Information collected by Us will primarily include:
- Personal Information such as Your name and contact details;
- Information relating to Your social media accounts, such as the social media platforms You are registered with, Your registration information, number of friends/followers and any information which helps establish what level of influence You have on that platform; and
- Information relating to interactions between You and Brands and agreements reached between You and Brands that are communicated through the App.
2.3 Should You wish to alter Your Personal Information registered on the App, please do so by amending Your profile information through the App or contacting Us at firstname.lastname@example.org.
2.4 We will not directly solicit, nor actively collect, Sensitive Information from you. However, in using the App You may provide or volunteer Personal Information, including Sensitive Information, while communicating with other Users or while otherwise using the App. This information will be stored on Our secure servers.
3. Use of Personal Information
3.1 We may use Your Personal Information:
- for the purpose of facilitating interaction between You and Brands and conducting Our business;
- to provide better personalised services that are tailored to Your needs;
- for purposes related to Our research, planning, product and service development, security and testing;
- for purposes connected with the operation, administration, development or enhancement of the App;
- to respond to complaints from other Users about Your use of the App or their Personal Information;
- to send marketing emails to you; and
- any other purposes required or authorised by law or for which You have provided specific consent.
4. Disclosure of Personal Information
4.2 In addition to the uses set out in section 3.1, by proceeding to use the App, You consent to disclosure of Your Personal Information as follows:
- as required under a subpoena, court order, or legal process, or in order to establish, exercise or defend Nichify’s legal rights or otherwise as required by law;
- in order (in the reasonable opinion of Nichify) to investigate, prevent, or take action regarding illegal activity, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Nichify’s Terms and Conditions of Use;
- in circumstances where Nichify is acquired by or merged with another company;
- in order to enforce Our Terms and Conditions of Use; and
- in order to investigate or resolve complaints against or involving Nichify which raise civil liabilities and to aid any government agency in any investigation circumstances.
5. Confidentiality and Data Security
5.1 The App has been built with modern, best-practice Web development methods, with security a foremost consideration. All Personal Information collected is stored on secure servers located in Virginia, U.S.A. All traffic between the client and the server is encrypted with SSL.
5.2 We take all reasonable steps to manage data stored on Our servers to ensure data security and to prevent the loss, misuse or alteration of Your Personal Information.
5.3 Access by Nichify’s employees, agents and sub-contractors to Your Personal Information will be restricted to circumstances where We reasonably believe such access is needed for the operation of the App and to facilitate interaction between Brands and You or in a legal proceeding.
5.4 Physical, electronic, and procedural safeguards have been implemented in order to protect Your Personal Information, however, although We take all care to respect and protect Your Personal Information, We will not accept any responsibility for any unauthorized use.
5.5 You are responsible at all times for the security of any username and password needed to access the App.
5.6 We will keep Your Personal Information as long as it is required for Your use of the App and to comply with legal requirements.
5.7 If We no longer require Your Personal Information for any purpose, including legal purposes, We will take reasonable steps to securely destroy or permanently de-identify the Personal Information.
6. Changing Information and Preferences
6.1 Subject to this clause 6, you are entitled to access any of Our records that contain Your Personal Information.
6.2 If any of Our records contain Personal Information about You that is inaccurate, please advise Us at email@example.com.
6.3 Although Nichify may charge a fee for a complex or resource intensive change to Your Personal Information there will normally be no fee charged for processing an access or correction request.
6.4 You can lodge a request to access and/or correct Your Personal Information, edit Your account information at any time or cancel Your registration by contacting Us at firstname.lastname@example.org. Any request received by Nichify will be dealt with within a reasonable time period and if, for any reason, We decline Your request for access, We will give You reasons for Our decision when We respond to Your request. We reserve the right to delete information under extraordinary circumstances (e.g. for legal reasons, or where a disproportional amount of technical work is involved).
6.5 If You wish to delete Your Personal Information, You should make a request to Us using the above email address. Nichifywill comply with a request to delete Personal Information unless Weare required by law to retain it.
7. Your Obligations
7.2 You must ensure that You comply with the Privacy Act 1988 in collecting, storing or making any use of User Content disclosed to You by Us via the App, or by other Users whether via the App or otherwise.
7.4 We are not liable for any User’s use of personal or sensitive information (within the meaning of the Privacy Act 1988) which is disclosed by one User to another, or obtained by one User from another, whether via the App or otherwise.
8. Contact Nichify
8.1 Any complaints relating to the treatment of Your Personal Information or breach of the relevant privacy laws in force in Australia from time to time should directed to Nichify’s complaints officer at email@example.com. We will respond to every email within a reasonable time period. We will endeavour to resolve all complaints as soon as possible.
8.2 If You would like further information about:
- how You may access and request correction of Your Personal Information that is held by Nichify; or
- how to make a complaint about the handling of Your Personal Information and how Your complaint will be dealt with by Nichify, please contact Our Privacy Officer.
9. Contact details
Privacy Officer Nichify Holdings Pty Ltd
G03 173-177 Barkly Street
Last updated: July 2015