Privacy Policy

Jibility Pty Ltd – ABN 94 616 394 873 – (“us”, “we”, or “our”) – operates the www.jibility.com and *.jibility.com web site(s) (the “Service”).

This page informs each user of our Service (“you” or “User”) of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices and rights you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.jibility.com.

We are committed to complying with various privacy laws. Without limitation, some of the laws we may need to comply with include the Australian Privacy Act 1988 (Cth), the Australian Privacy Principles, the GDPR EU/UK and other data protection legislation (“Privacy Laws”).

In collecting Personal Data, by law, we are required to provide you with information about us, about why and how we use your Personal Data, and about the rights you have over your Personal Data.

Any enquiries about our use of your Personal Data should be addressed to us by email at support@jibility.com.

If you do not agree with this policy, you should not access or use our Service or otherwise interact with our business.

Definitions

Cookies

Cookies are files with small amounts of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. We also use tracking technologies including beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

Data controller

Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Data are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data processor (or Service providers)

Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your Personal Data more effectively.

Data subject

Data Subject is any living individual who is the subject of Personal Data.

GDPR

GDPR means the General Data Protection Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data in the EU and the EEA.

Personal data

Personal Data means any data or information which is related to an identified or identifiable natural person. In Australia, that also includes any opinion about an identified individual, or an individual who is reasonably identifiable.

UK GDPR

UK GDPR means the GDPR as amended and incorporated into UK law.

Usage data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Use of data

We may collect Personal Data from you directly including when you access our Service, create an account, contact us for any reason from any channel of communication, if you subscribe to our updates or we contact you (with your consent) for marketing purposes.

We only collect or hold your Personal Data for legitimate purposes, including to provide you with our Service, to engage third party service providers (such as website and application developers, hosting and other service providers) to assist us with providing you with our Service, and to comply with our legal obligations to you. In particular, we need your Personal Data for the following “Required Purposes”:

To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer support and training
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
To comply with the law and exercise our legal rights including exercising rights we may have under law or a contract between us and you, or between us and a third party
Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business. For the EU/UK, it is our legitimate interest to ensure that a buyer of our business can continue our business, or that an investor has sufficient knowledge to determine whether to invest in our business
If it is necessary to prevent a serious threat to life, health or safety and it is impractical to obtain your consent, we will use your Personal Data without your consent
With your consent, we use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials to promote our Service, with your permission

If you do not provide us with your Personal Data, we may not be able to carry out all of the Required Purposes or fulfil our obligations arising under the Required Purposes.

Generally speaking, we do not allow you to use a pseudonym or to otherwise remain anonymous, as this is impractical for our business purposes.

We also note that if you do not provide us with some or all of the Personal Data we request, we may not be able to provide you with the Service. This may also have an effect on whether we can begin or continue a relationship with you, and whether you can use or access our Service.

Retention of data

Except where the EU/UK data protection legislation applies, and in the limited circumstances explained above where we are a Data Controller, we’ll only retain your Personal Data for as long as we need it for the Required Purposes unless we are required to keep it for longer to comply with our legal, accounting, or regulatory requirements. This means the period of time we keep your Personal Data depends on the category of Personal Data, as described below. After such time, we will either delete or anonymize your Personal Data or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further use until deletion is possible.

Account information: We will retain and use your Personal Data as necessary to comply with our business requirements, legal obligations, resolve disputes, protect our assets, and enforce our agreements. Your account information is retained for as long as your account is active and a reasonable period thereafter in case you decide to re-activate your account. Where we retain Per for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Service, not to specifically analyze personal characteristics about you.

Marketing information: Where you have provided information to us about your marketing preferences, we keep such information for a reasonable time from the date you last expressed interest in our Service, such as when you last opened an email from us or ceased using your account or the Service. Information derived from Cookies and other tracking technologies in relation to your use of our Service is also retained for a reasonable period of time from the date such information was created.

Usage Data: We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

If you ask us to delete your Personal Data, we’ll either anonymize it so that it can’t identify you or delete it unless we’re required to keep it for legal reasons. However, if you ask us to delete your Personal Data and we are permitted by law or have compelling legitimate interests to keep it, we may not be able to fully meet your request.

Transfer of data

Some of our service providers are based outside Australia, including in the US, EU and UK. As we transfer Personal Data between countries, we take steps to ensure it receives the protections required by law. For instance, where the UK GDPR or GDPR applies, if we transfer your Personal Data outside of the UK or EEA, we’ll ensure such transfer complies with applicable data protection law.

By providing us with Personal Data, you agree to your Personal Data being used, stored, and disclosed overseas as set out above. This Privacy Policy continues to apply even when we transfer information outside of your country of residence.

Your use of the Service followed by your submission of Personal Data represents your agreement to that transfer.

Disclosure of data

Service providers

We may share Personal Data with companies and individuals who we engage to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These companies and individuals may be other companies and businesses within our group or they may be third party service providers and subcontractors and may include payment processing providers, providers of data analysis and IT services, and our professional advisers.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Payments

We provide paid products and/or services within the Service. We use third party services for payment processing (e.g. payment processors) and billing management (e.g. invoice processing).

We will not store or collect your payment card details. That information is provided directly to our third party payment processors whose use of your Personal Data is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors and billing management solutions we work with are:

PayPal or Braintree
Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

Chargebee
Their Privacy Policy can be viewed at https://www.chargebee.com/privacy/

Disclosure for Law enforcement

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal requirements

We may disclose your Personal Data in the good faith belief that such action is necessary in any of (but not limited to) the following circumstances:

To comply with a legal obligation
To protect and defend our rights or property
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of Users of the Service or the public
To protect against legal liability

Log data

We collect certain request and transaction data in log files. This data is used for quality assurance, bug fixing, statistics, support and the securing of the system. We collect IP addresses, referrers, browser technology information and access times for the outlined reasons.

We rely on Intercom to collect usage statistics and to allow direct, in-app customer support. For more information on Intercom, see Intercom’s terms of service (https://docs.intercom.io/terms) and privacy policy (https://www.intercom.com/legal/privacy).

Security Of data

We take all reasonable steps to keep your Personal Data secure and to ensure it is protected against misuse, loss, unauthorized access, modification or inappropriate disclosure.

We urge you to take steps to keep your Personal Data safe, such as choosing a strong password and keeping it private, as well as logging out of your account after using our Service, and closing your web browser when you are finished using the Service on a shared or unsecured device.

Information storage and security

(a) We use industry standard technical and organizational measures to secure the information we store and to ensure it is protected against misuse, loss, unauthorized access, modification or inappropriate disclosure. We may keep your Personal Data in both hard copy and electronic forms, but adopt appropriate technical and organizational security measures to protect it including by storing it in secure systems accessible only to authorized personnel.

(b) While we implement safeguards designed to protect your Personal Data, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.

Your rights

We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In addition to your rights set out elsewhere in this policy, if the EU/UK data protection legislation applies, you may have other various rights including the right to:

ask us to restrict our handling of your Personal Data;
ask us to transfer your Personal Data to a third party;
object to how we are using your Personal Data; and
withdraw your consent to us handling your Personal Data.

You have the right to data portability for the Personal Data you provide to us. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

If fulfilling a request in relation to amending or deleting your Personal Data would reveal information about another person, or if you ask to delete Personal Data which we are permitted by law or have compelling legitimate interests to keep, we may not be able to fully meet your request.

Where you have requested us to manage your Personal Data in some way, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your Personal Data, we will restrict any further use of your Personal Data until the request is honored or the dispute is resolved.

You may also limit or manage our communications with you by unsubscribing from certain email, newsletter and marketing updates or by updating your email preferences within your Service account settings menu.

Please note that we may ask you to verify your identity before responding to such requests.

Queries and complaints

If you have a query, concern or complaint about privacy, please use the contact details below.

We will, where reasonably possible, take steps to respond to, investigate and resolve complaints within 30 days. We will notify you and request a longer period if we require further information and the reason for the delay (if you don’t agree to a longer period, we may be unable to resolve your complaint).

Contact our Privacy Officer at:

Email: support@jibility.com.

You have the right to lodge a complaint about how we collect and use your Personal Data. For your convenience, the relevant authorities can be contacted using the links below:

Links to other sites

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Changes to this privacy policy

We may update our Privacy Policy from time to time. We will use reasonable measures to notify you of any relevant changes to this Privacy Policy, but please be aware that it is your responsibility to review our Privacy Policy regularly and make sure you keep up to date with any changes.

Use of the Service constitutes agreement with this Privacy Policy. If you disagree with any changes to this Privacy Policy, you will need to stop using the Service and deactivate your account(s).

This Privacy Policy was last updated on 01 July 2023.