ZIYARA

PRIVACY POLICY

This privacy policy (“Privacy Policy”) governs how Burd Marketing and Design Pty Ltd doing business as Ziyara, (hereinafter referred to as “Ziyara”, “we”, “our” or “us”) collects, uses and shares Personal Information:

• about each Subscriber (as defined under Section 3.3(i) of Ziyara’s Terms of Service), individual, entity, user or visitor (collectively “you” or “your”); and/or
• you provide to Ziyara when (i) accessing Ziyara’s mobile application (“Mobile App”) and website located at www.ziyaraapp.com (hereinafter referred to as “Website”), and/or (ii) using the Services (as defined under Section 3.3 of Ziyara’s Terms of Service) on the Platform (as defined under Section 3.1 of Ziyara’s Terms of Service) via the Website and/or Mobile App.

Ziyara is committed to maintaining robust privacy protections for its users. Our Privacy Policy is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using the Services on the Platform.

By accessing the Website and/or Mobile App and using the Services on the Platform (via the Website and/or Mobile App), you accept the terms and conditions of Ziyara’s Privacy Policy, and you consent to Ziyara’s collection, storage, use and disclosure of your Personal Information (defined below) as described in this Privacy Policy.

You acknowledge that it is in your best interest to read this Privacy Policy carefully and to ensure that you understand the terms and conditions contained herein. Your acceptance of Ziyara’s Privacy Policy is deemed to occur upon your first use of the Website and/or Mobile App. If you do not accept and agree with this Privacy Policy, please refrain from using and/or accessing Ziyara’s Website, Mobile App and Services immediately.

Purpose of Privacy Policy

This Privacy Policy applies only to your access to the Website and/or Mobile App, your use of the Services, and aims to provide you with information on how we collect and process your Personal Information (defined below), what data we collect when you use the Website, Mobile App and Services, why we collect the data, how the data is used, and your rights and choices. This Privacy Policy applies to Personal Information (defined below) and other information collected by us from or about visitors to, or users of, our Website, Mobile App and Services.

The Website and/or Mobile App may contain links to third party websites and resources. Ziyara has no control over how your information is collected, stored, or used by these third party websites and/or resources. Ziyara therefore advises you to check the privacy policies of any such third party websites and/or resources before providing any information to them.

Personal Information that Ziyara Collects from You

The term “Personal Information”, or personal data, means any information about an individual from which that person can be identified. Personal Information does not include data where the identity of the individual has been removed (i.e., anonymous data).

Ziyara may collect, use, and store Personal Information as follows:

1. Identity data includes Personal Information that could identify you, such as your full name,  ethnicity, email address,  and telephone numbers when you register a User Account (as defined under Section 4.1 of Ziyara’s Terms of Service) on Ziyara Website and/or Mobile App.
2. Contact data which includes data such as billing address, email address, telephone numbers and any other data you have provided to us in order for us to be able to provide you with the Services on the Platform (via the Website and/or Mobile App).
3. Technical data includes your Internet protocol address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website and/or Mobile App.
4. Transaction data which includes details about payments such as amount, currency and time of payment.
5. Profile data includes your username and password, your interests, preferences, and feedback.
6. Usage data includes information about how you use our Website, Mobile App and Services, and.
7. Marketing and communications data includes your preferences in receiving marketing from us and our third parties, and your communication preferences.

During the course of using the Services, you will provide us with the phone numbers/contact information in your digital address book on a regular basis, including those of both the users of our Services and your other contacts. You hereby confirm that you are authorized to provide us such contacts numbers and information.

Special Information. Ziyara does not collect the following special categories of Personal Information, including your race, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic and biometric data, and information about criminal convictions and offences.

In the context of the law and this notice, the term “process” and “processing” means collect, store, transfer, use or otherwise act on data.

How Your Personal Information is Collected

Ziyara uses various methods to collect Personal Information from and about you including through:

1. Direct interactions. You may provide us with your identity and contact data by filling in forms or by corresponding with us via email. This includes Personal Information you provide when you:
   1. create a User Account on our Website and/or Mobile App.
   2. use the Services on the Platform.
   3. request marketing to be sent to you, or
   4. provide us with your feedback in relation to the Services, or
   5. contact us.
2. Automated technologies or interactions. As you interact with our Website and Mobile App, we will automatically collect technical data about your browsing actions and patterns. We collect this Personal Information by using cookies, server logs and other similar technologies.
3. Metadata. When you use our Website and Mobile App we may collect metadata that results from such usage including: browser type and version, operating system and interface, website from which you are visiting us (referrer URL), webpage(s) you are visiting on our Website or Mobile App, date and time of accessing our Website and/or Mobile App, and internet protocol address and location. The metadata will be primarily used to improve the quality of the Services Ziyara provides to you by analysing your usage behaviour in anonymised form and to prevent fraud, misuse of our information technology (IT) systems, as well as to ensure physical and network security. We may also use metadata for other purposes, including online advertising.
4. Third parties or publicly available sources. We will receive Personal Information about you from various third parties and public sources as set out in this Privacy Policy and below:

• contact and transaction data from providers of technical, platform and payment services such as Stripe, and
• when Subscribers provide your phone number/contact information from such Subscribers digital address book (just as you may provide theirs), or they may send you a message, send messages to groups to which you belong, or call you.

In general, the Personal Information you provide to Ziyara is used to help us communicate with you. For example, Ziyara uses your Personal Information to (i) make contact with you as per the notifications settings you have selected on the Platform, and/or (ii) provide customer service and technical support.

How We Use Your Personal Information

Ziyara may collect and use your Personal Information for any or all of the following purposes:

1. providing you with access to the Website, Mobile App and use of the Services as requested by you.
2. verifying your identity.
3. responding to, handling, and processing queries, requests, complaints, and feedback from you.
4. managing your relationship with us.
5. processing payment transactions.
6. sending you information, promotions, updates, marketing and advertising materials in relation to our Services.
7. managing, developing and improving our business and operations to serve you better.
8. complying with legal and regulatory requirements.
9. enforcing Ziyara’ legal rights and obligations.
10. any other purposes for which we have obtained your consent, and
11. any other purposes reasonably necessary, ancillary or related to the above specified purposes.

Wherever possible, Ziyara aims to obtain your explicit consent to process your Personal Information. We may continue to process your Personal Information on this basis until you withdraw your consent. You may withdraw your consent at any time by sending us an email at [email protected]. However, if you do so, please note that you may not be able to use the Website and/or Mobile App, and make use of the Services further.

How Personal Information is Secured

Ziyara implements administrative, technical and physical security measures that include  encryption, firewalls, password management and secure socket layer technology, which are designed to protect your information from unauthorized access, loss, misuse and potential security breaches.

We will notify you and any applicable regulator of a breach where we are legally required to do so.

Payment information is directly processed and secured by Stripe and cannot be accessed by Ziyara.

You acknowledge that no data transmission over the Internet or wireless network can be guaranteed. Therefore, while Ziyara strives to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and another registered user on the Platform (via the Website and/or Mobile App, and/or the Services) cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite Ziyara’s best efforts.

Storing Personal Information

All Personal Information is stored securely on a dedicated database for Ziyara. While your full payment information is not stored for future use, parts of the payment information such as the last four digits, expiry, type, and provider of the credit card is stored and secured respectively, on Stripe located at www.stripe.com, in order to meet the legislative requirements. The partial payment information Stripe stores may be used in future to verify you before providing you with customer service or technical support.

Sharing Personal Information

Ziyara may sometimes (i) share Personal Information with sub-contractors and/or marketers for the sole purposes of providing the Services to you; and (ii) contract with third party service providers to supply specific components of the Services to you or to provide us with information about your use of the Website, Mobile App and our Services. These may include payment processing facilities, behavioral analytics, logistic partners, and messaging applications. In some cases, the third parties may require access to some or all of your Personal Information. Where any of your Personal Information is required for such a purpose, Ziyara shall take all reasonable steps to ensure that your Personal Information will be handled safely, securely, and in accordance with our Privacy Policy, your rights, our obligations, and the obligations of the third party under the law. Personal Information will only be shared and used within the bounds of the law.

Ziyara may also share Personal Information with third parties if Ziyara has a good-faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce Ziyara’s Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property or safety of Ziyara’s users or the public as required or permitted by law.

Except as otherwise stated in this Privacy Policy, Ziyara does not sell, trade, rent or otherwise share your Personal Information for marketing purposes with third parties without your consent.

Data Retention

Ziyara will only retain your Personal Information for as long as (i) you are a registered user, Subscriber, on the Website and/or Mobile App; (ii) for a minimum of seven (7) years’ and (iii) is reasonably necessary to fulfil the purposes we collected such Personal Information for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. When your Personal Information is no longer needed for the purpose for which such Personal Information was collected, we will take reasonable steps to destroy or permanently de-identify your Personal Information.

Yours Rights under the Australian Privacy Act 1988

Ziyara has adopted the Australian Privacy Principles as incorporated in the Privacy Act 1988 (“Australian Privacy Act”). As such, the Australian Privacy Act will govern the manner in which we collect, use, disclose, store, secure and dispose of your Personal Information.

If you believe that your privacy rights have been breached under the Australian Privacy Act, you may make a complaint to the Office of the Australian Information Commissioner (“OAIC”). The OAIC can be contacted at either www.oaic.gov.au or by calling 1300 363 992.

Transfers of Personal Information Outside of Australia

You expressly agree to Ziyara disclosing Personal Information to recipients/third parties located outside of Australia for the following purposes:

1. to Ziyara’s related body corporates, partnerships and joint venture entities, and
2. to our data hosting and Cloud-based information technology (IT) service providers.

Ziyara shall endeavour to take reasonable steps to ensure that the third party service providers/entities based outside of Australia, do not breach the privacy obligations relating to your Personal Information. As such, Ziyara will take appropriate steps to ensure that: (i) Ziyara will comply with our obligations as provided under the Australian Privacy Act or any other applicable data protection legislation,  in respect of the transfer of your Personal Information while such Personal Information remains in Ziyara’s possession or under our control; and (ii) the recipient/third party of the Personal Information outside of Australia is bound by legally enforceable obligations to provide a standard of protection that is at least comparable to that provided under the Australian Privacy Act or any other applicable data protection legislation.

Your Rights under the General Data Protection Regulation

For the purposes of complying with the General Data Protection Regulation 2016/679 (“GDPR”), you have certain rights as provided under GDPR and applicable data protection laws in relation to your Personal Information. You have the right to:

1. Request access to your Personal Information (commonly known as a ‘data subject access request’). This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.
2. Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
3. Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
4. Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel the processing of your Personal Information will impact on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
5. Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: if you want us to establish the data's accuracy; where our use of the data is unlawful, but you do not want us to erase the data; where you need us to hold the data even if we no longer require the data as you need the data to establish, exercise or defend legal claims; or you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use your Personal Information.
6. Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
7. Withdraw consent at any time where we are relying on consent to process your Personal Information.  However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.  If you withdraw your consent, we may not be able to provide certain Services to you. We will advise you if this is the case at the time you withdraw your consent.

You may exercise any of your rights in relation to your Personal Information by written notice to Ziyara, using the contact details set out below. Should you have any cause for complaint about our use of your Personal Information, please contact Ziyara using the details provided below and we will endeavor to solve the problem for you.

GDPR and Transfers of Personal Information Outside of Europe

You expressly agree that Ziyara may transfer your Personal Information to countries outside of Europe. As such, Ziyara will take appropriate steps to ensure that: (i) Ziyara will comply with our obligations as provided under the GDPR or any other applicable data protection legislation,  in respect of the transfer of your Personal Information while such Personal Information remains in Ziyara’s possession or under our control; and (ii) the recipient/third party of the Personal Information outside of Europe is bound by legally enforceable obligations to provide a standard of protection that is at least comparable to that provided under the GDPR or any other applicable data protection legislation.

Your Rights under the California Consumer Privacy Act

To the extent that the California Consumer Privacy Act “(CCPA)” is applicable to either Ziyara or you: both parties agree to comply with all of its obligations under the CCPA; and in relation to any communication of ‘Personal Information’ as defined by the CCPA, the parties agree that no monetary or other valuable consideration is being provided for such Personal Information and therefore neither party is ‘selling’ (as defined by the CCPA) Personal Information to the other party.

The principal rights you have under the CCPA include but are not limited to:

1. Right to know. You have the right to request that we provide you with details of the Personal Information (pertaining to you specifically) that we collect, use, disclose and sell. To submit a request, please submit an email request to [email protected] and include ‘CCPA Right to Know’ in the subject line. In your email, please specify the details you would like to know, and specify the Personal Information you would like to access. You will be asked to provide sufficient information to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the Personal Information at issue. We will respond to your request in accordance with the CCPA. In the event we deny your request, we will provide you with an explanation.
2. Right to delete. You may request the deletion of Personal Information that we collect or hold about you. To submit a request to delete Personal Information, email your request to [email protected] and include ‘CCPA Request to Delete’ in the subject line. Please make sure you specify in your request what Personal Information you would like tus o have deleted.
3. Right to non-discrimination. You have the right not to be denied access to the Services just because you exercised your rights under the CCPA. However, should such Personal Information be necessary for us to provide you with the services, we may not be able to complete the provision of the Services/transaction.
4. Right to opt out. You may request us to stop collecting your Personal Information (‘opt-out’ by sending us an email to [email protected]. However, please note that we must wait at least twelve (12) months before asking you to opt back into the collection of your Personal Information, unless you provide us with prior authorization.

Both parties agree to notify the other immediately if it receives any complaint, notice, or communication that directly or indirectly relates to either party’s compliance with the CCPA. Specifically, Ziyara shall notify you within ten (10) working days if we receive a verifiable consumer request under the CCPA.

Analytical Data from Third Parties

Ziyara may collect or receive information that third party service providers may provide about you when using the Website, Mobile App and/or the Services. Ziyara may also obtain information from such third-party service providers and combine that with information Ziyara collects through your use of the Services. The following information is collected and/or obtained from third parties:

• Google Analytics: We use this analytical tool to help Ziyara analyze (i) how users use the Website, Mobile App, and/or the Services by noting when you use the Website, Mobile App and the Services, and (ii) usage data. The information collected will be disclosed to or collected directly by the applicable analytical tool Ziyara is using. Such information is collected as a means to provide, improve, and develop the Website, Mobile App and the Services so as to create a safer and trusted environment when you use the Website, Mobile App and Services.
• Stripe: We use this tool as a payment gateway provider. Stripe may collect information you provide to us as a means of processing payments you make on the Website and/or Mobile App for the Services and conveys information back to us confirming your payment.
• Firebase Crashlytics: We use this tool to be alerted of any crashes to our system and to debug such crashes. Firebase Crashlytics also measures the number of users impacted by a crash.
• Firebase Analytics: We use this analytical tool to enable end-user authentication and to facilitate the management of your account. Firebase also provides added security and prevents abuse during signup and authentication.

Cookies

Cookies are defined as small text files that are placed on your computer's hard drive by your web browser when you visit any website and/or mobile app. Cookies allow data gathered on one web/mobile app page to be stored until the data is needed for use on another, allowing a website/mobile app to provide you with a personalised experience and the website/mobile app owner with statistics about how you use the website/mobile app so that the website /mobile app can be improved. Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely. Your web/mobile app browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

When you first visit the Website and/or Mobile App, you may need to confirm whether you wish for cookies to be used by Ziyara. If you choose not to accept them, Ziyara shall not use them for your visit except to record that you have not consented to their use for any other purpose. However, please note that should you choose not to use cookies, or you prevent their use through your browser settings, you might not be able to use all the functionalities available on the Website and/or Mobile App.

Ziyara may use cookies for the following purposes:

1. Authentication and status: Ziyara uses cookies to identify you when you visit the Website, and as you navigate through the pages of the Website and/or Mobile App.
2. Personalisation: Ziyara uses cookies to store information about your preferences as you navigate through the Website and/or Mobile App;
3. Security: Ziyara uses cookies as an element of the security measures used to protect the Website, Mobile App and Services, and
4. Analysis: Ziyara uses cookies to analyse the use and performance of the Website, Mobile App and Services.

By accessing and using Ziyara’ Websites, Mobile App and Services, you consent to the storage of cookies, other local storage technologies, beacons and other information on your devices. You also consent to the access of such cookies, local storage technologies, beacons and information by us or our representatives or agents.

Our Policy Toward Children

Our Services are not directed to persons under the age of eighteen (18) years. We do not collect Personal Information from children under the age of eighteen (18) years. We therefore encourage you to obtain the assistance and consent of a parent/legal guardian when accessing our Website and/or Mobile App and using the Services. A parent/legal guardian who becomes aware that his or her child has provided us with Personal Information without their consent, should contact us at [email protected] and we will endeavour to delete the relevant data.

Opt-out rights

You can stop all collection of Personal Information by Ziyara by not accessing the Website, Mobile App and the Services, or by requesting to opt-out via email at [email protected].

Changes and Amendments to Privacy Policy

Ziyara may update this Privacy Policy from time to time in Ziyara’s sole discretion and will notify you of any material changes to the way in which Ziyara treats Personal Information. When changes are made, Ziyara will revise the updated date at the bottom of this page. Ziyara may also provide notice to you in other ways in Ziyara’s sole discretion, such as through the contact information you have provided. Any updated version of this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Website and/or Mobile App as well as your continued use of the Services on the Platform (via the Website and/or Mobile App) after the effective date of the revised Privacy Policy will constitute your consent to those changes. However, Ziyara will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.

Contact Information

Should you have any questions or concerns regarding privacy while using the Website, Mobile App and the Services, please send us a detailed message via email to [email protected], and Ziyara will use its best endeavors to resolve your concerns.

Effective Date: 1 Dec, 2022.