Capitalised Terms have the meaning defined in this Privacy Policy.

PERSONAL INFORMATION

For the purposes of this Privacy Policy Personal Information is:

a)       any information or an opinion (whether true or not) about a person by which the person’s identity can reasonably be ascertained;
b)       your name, organisation, address, phone number, fax number, e-mail address, marital status, credit card and taxation information and identification document numbers, health and medical information;
c)        any other information about you which is regulated by any applicable laws or regulations.

Any other information is deemed to be Non-Personal.

Our services, campaigns, surveys or rewards powered or hosted by us are typically not intended for completion by a minor (being any person under the age of majority in their country of residence). If we become aware that we hold information that is identifiable with respect to a minor, we will delete it immediately.

In circumstances where our services, surveys or rewards powered or hosted by us are intended for completion by a minor:

  • We will highlight the purpose of collecting information, and its use and disclosure
  • We will ask the minor to confirm that they are a minor
  • We will not ask the minor for any sensitive information, including details about health, medical, race, ethnicity, political opinions, sexual orientation, philosophical beliefs.
  • We will not ask for a residential address, credit card details, or any identification document numbers
  • We will not disclose any information provided to any third party other than a third party identified in the communication the minor receives from us
  • If a minor opts in, we will ask for permission to offer further services, surveys or rewards, and we will highlight our standard policies in regard to accessing and correcting information, namely that (i) a minor may opt out at any time by contacting us via our Contact page or via 102.168.0.86/yomstar, (ii) a minor may at any time, ask us what information we continue to hold, and we will correct that information if it has changed or is wrong, and (iii) a minor may at any time, ask us to explain any aspect of our Privacy Policy published on our website.

SURVEY RESPONDENTS

When you respond to a survey from a business (Survey Creator) powered and hosted by us or a survey created and administered by us, by clicking on “submit” and submitting your survey responses, you agree to be bound by the terms of this Privacy Policy and our Terms of Use.

What information do we collect?

You may be asked to provide Personal Information (including your name and email address) during a survey or in order to claim a reward offered to you by the Survey Creator.  Although you do not have to provide the information requested, if you do not you may not be entitled to receive a reward.

We will collect and retain your responses, any other information you provide and other data we collect when you scan a QR Code or complete a survey. This may include your server address, your internet protocol address, your geographical location and the referral QR Code, browser type, usage information. Surveys created and administered by Survey Creators: We will collect and retain this information on behalf of the Survey Creator.  The Survey Creator will own, have access to and be able to download and export this information.  We cannot control and accept no responsibility for how the Survey Creator will use, retain or disclose this information.  Please also read our Terms of Use for more information about this and the obligations of the Survey Creators.

Please contact the Survey Creator if you have any questions about how it may use, retain or disclose your Personal Information before you complete the survey or provide any personal information.

Surveys created and administered by us: We may from time to time create and administer our own surveys.  If we do, we will collect and retain this information on our own behalf.  We will use, retain and disclose this information in accordance with this Privacy Policy and our Terms of Use.

How will we use and disclose your information?

Personal Information: We will never sell, permit access to or disclose your Personal Information to any third party (other than the Survey Creator), except as outlined in this Privacy Policy.

We will only use your Personal Information to:

a)       email you with details of a reward from the Survey Creator;
b)       produce reports and analysis of the survey responses for the Survey Creator;
c)        respond to any direct questions or enquiries from you; or
d)       prevent any activity which is in our view illegal or in breach of our Terms of Use or this Privacy Policy, and enforcement of the same.

We may also disclose Personal Information if authorised, required or permitted by any applicable law, judicial or regulatory body, to enforce our Terms of Use or this Privacy Policy or to comply with any legal process (such as a compulsory disclosure order). Otherwise, we will not disclose your Personal Information to a third party unless you have consented to such disclosure.

We will not use your Personal Information for any other purpose without first obtaining your express permission.

Non-Personal Information and de-identified information: We may use and store your survey responses and other information in an anonymous, de-identified form.  We may use and disclose this and other Non-Personal information (including usage and statistical information) for any purpose (including the management and improvement of our services and to provide new services).

Information collected in surveys created by us: From time to time, we may also use your Personal Information to provide you with details of, for example, new services, offers and promotions which we think would be of particular interest to you or to ask you whether you would like to become a paid survey respondent.   We will only use your Personal Information for this purpose if you opted to allow us to do so when you completed the survey. If you decide that you no longer want to receive this information at any time, you may opt-out from receiving the information by contacting us directly via the Contact page.

MEMBERS

By registering on our websites (including app.yomstar.com) (Site) for an Account (Membership Account) you agree to be bound by the terms of this Privacy Policy and our Subscription Terms.

What information do we collect?

During the course of your relationship with us, we may collect and retain Personal Information about you that you give us, for example:

a)       the information you submit to register for a Membership Account (including your user name, password, e-mail address and social media site locations) and any other Personal information you enter on your Membership Account;
b)       when you knowingly give us information when contacting us by telephone, e-mail or via our Site, including when you submit an application to order a subscription package or other products and provide to us billing information;
c)        if you complete an online survey or submit a testimonial or comments; or
d)       if you enter into a competition of take part in a promotion which we may be running.

Although you have no obligation to provide any Personal Information requested by us, if you choose not to provide such information, we may not be able to provide you with a Membership Account and/or access to our Site or Services (as defined in our Subscription Terms).

Other Information

We may also collect other information.  For example, we (our agents or affiliates) may make a record of your visit and record other information such as your server address, your internet protocol address, your geographical location, the pages you accessed and documents downloaded, the previous site you visited and the type of browser being used.

How will we use and disclose your information?

Personal Information: We do not sell, rent, lease or provide your Personal Information to other organisations, unless outlined in this Privacy Policy.

We collect and use your Personal Information to:

a)       provide you with access to and use of our Site, Services and your Membership Account (including customer support and emailing to notify you of renewal dates and payments due);
b)       send emails with survey responses and other information from your survey respondents;
c)        respond to your questions or service requests and keep a record of our dealings with you and enable us to contact you when necessary;
d)       better understand your preferences and needs and develop a data profile to enable us to tailor our Services to you;
e)       manage, monitor and improve our Services or provide new services;
f)         forecast future needs of our Services; or
g)       prevent any activity which is in our view illegal or in breach of our Subscription Terms or this Privacy Policy and enforcement of the same.

From time to time, we may also use your Personal Information to provide you with details of, for example, new services, offers and promotions which we think would be of particular interest to you.   We will only use your Personal Information for this purpose if you opted to allow us to do so when you registered for a Membership Account. If you decide that you no longer want to receive this information at any time, you may opt-out from receiving the information by contacting us directly via 192.168.0.86/yomstar

In providing the Services, we may disclose your Personal Information to organisations that carry out functions on our behalf, such as our affiliates, business associates, professional advisors, contractors, agents or service providers.   These parties will be bound to keep your information confidential and use it only for the permitted purpose.

We may disclose your Personal Information:

a)       if authorised, required or permitted by any applicable law, judicial or regulatory body, to enforce our Subscription Terms or this Privacy Policy or comply with any legal process (such as a compulsory disclosure order). Otherwise, we will not disclose your Personal Information to a third party unless you would reasonably expect that we would disclose your Personal Information for that purpose, or you have consented to such disclosure; or

to any company in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of the business, if that company agrees to use the Personal Information solely for the permitted purpose and to observe the relevant provisions of our Privacy Policy. In the event that Personal Information about you is transferred to a company acquiring assets from us, we will require that company to agree to observe the relevant provisions of our Privacy Policy with respect to Personal Information about you.

Non-Personal Information and de-identified information: We may use and disclose your information in an anonymous and de-identified form.  We may use and disclose this and other Non-Personal information (including usage and statistical information) for any purpose, (including the management and improvement of our services and to provide new services or to provide aggregated or categories of ‘mood/happiness’ ratings.

For information on how we may use information received from survey respondents on your behalf, please see our Subscription Terms.

GENERAL

We may use cookies

We may use cookies to track customers or potential customers and respondents who visit our Site or receive our html-formatted commercial e-mail messages, to record information about what pages you accessed and documents you downloaded and previous sites visited or other information for security reasons or to provide you with personalised content and improved services.  A cookie is a small amount of information which is transferred to the hard drive of your computer or device which can identify your web browser but not you. If you want to, you can disable your web browser from accepting cookies. If you do, you can still access to our Site but certain Services may not be available to you.

How do we protect your information?

The confidentiality of information collected about you is of utmost importance to us.  We maintain reasonable physical, electronic, and procedural safeguards to protect the security and confidentiality of your information from unauthorized access, misuse or disclosure. We continually review these arrangements to ensure we are doing all that are reasonably and technically feasible at the time to protect your information.  However, since no system is 100% secure or error-free, we cannot guarantee that your information is totally protected, for example, from hackers or misuse.

You can also help to keep your information safe by exercising due care to safeguard any passwords, ID numbers, or other special access features associated with your use of our Site or Services.  We will try to notify all Members of any possible breach of security and may also post a notice on our website if appropriate.

Retention of Data

We will take reasonable steps to destroy or permanently de-identify Personal Information from our systems which is no longer required by us, or as any applicable laws or regulations otherwise require.

Survey Creators: Once your Membership Account has been terminated in accordance with our Subscription Terms we will be entitled to continue to use and exploit your Personal Information as set out in this Privacy Policy.  If you wish us to delete your Personal Information, please let us know.  We will be happy to delete your Personal Information which is not in a de-identified format following receipt of a written request from you, subject to verification of your identity.

Survey Respondents: If you wish us to delete your Personal Information, please let us know.  We will be happy to delete your Personal Information which is not in a de-identified format following receipt of a written request from you, subject to verification of your identity.

We are unable to control how Survey Creators or third parties retain information which they have obtained from you or us, or otherwise through the Site, or for how long.   Please contact the relevant Survey Creator for more information.

Third Party Websites

Our Site may contain links to third party websites, which may or may not be operated in conjunction with our Site. We do not monitor or control the information collected and used when you choose to “click through” links to these websites. The treatment of user data by the operators of third party websites may be different from ours. For details regarding their treatment of information about you, you will need to read their privacy policies or contact them.

Your Access to your Personal Information

We strive to keep your Personal Information accurate, up-to-date and complete as necessary for the purposes for which we use that data.  You can find out what Personal Information we hold about you and correct that information if it is wrong.However, we may refuse access to Personal Information where the information being sought is mixed with other information that would disclose Personal Information of another person, where providing access would be unlawful or where denying access is authorised by law.

If you believe that any information we hold about you is incorrect or out-of-date, please let us know immediately.  We will be happy to accept updated Personal Information in writing from the owner of that information at any time (subject to verification of your identity).  Except where applicable laws and regulations provide otherwise, we reserve the right to recover any reasonable costs involved in providing extensive access to Personal Information, for example the cost supplying information held in archives.

Please contact the relevant Survey Creator if you want access to or to update or correct your Personal Information held by it.

Changes to our Privacy Policy

Please note that this Privacy Policy may be updated or revised from time to time and changes will apply immediately.  Changes to this Privacy Policy will be published by posting an updated Privacy Policy on our Site.

Contact Information

We encourage and value your feed back.  Please let us know if you have any questions or comments about our Privacy Policy by accessing details in the Support Area of our Site .

ADDITIONAL COUNTRY SPECIFIC INFORMATION

Australia

There are certain types of Personal Information that are especially important to your privacy, such as your health or medical information.  This information is referred to as “sensitive information” in this policy. We will not collect sensitive information about you from anyone but you.  If you choose to disclose any sensitive information to us you consent to us and the Survey Creator using and disclosing it in accordance with this Privacy Policy as if it were Personal Information/for the purpose of your disclosure.