CAPTUR3D Privacy Policy

Last updated 15 January 2024

In this Privacy Policy, ‘us’, ‘we’ and ‘our’ means Phoria Pty Ltd ACN 169 885 796 and our related bodies corporate. Your privacy is important to us, which is why we’ve created this Privacy Policy. Our Privacy Policy sets out what personal information we collect about you and how we use, store and disclose that information. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it. Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details.

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

What personal information do we collect?

We collect the following types of information about you:

a. Information that you provide to us directly.

When you sign up to use our CAPTUR3D software product (the Platform), sign up for our mailing list or otherwise communicate with us, we may collect personal information such as your name, email address and phone number. To facilitate payment for use of the Platform, we also collect credit card information and your billing address.

b. Information that you upload to the Platform.

When you submit content such as Virtual Tours, floor plans and photos to the Platform (together, the Content), we may collect personal information that is depicted in the Content you submit.

c. Information that we receive from third parties.

We may receive information about you (including personal information) from third parties. We use Zendesk for support queries lodged through our Platform and we use Stripe for processing of payments through our Platform. When you make a support query or a payment, or, if you use our Platform to receive payments from your customers, when you receive a payment from your customer, the information you provide to Zendesk or Stripe is shared with us.

d. Device information.

Like many websites, when you use our Platform, we automatically collect certain information through the use of “cookies”, web beacons, device identifiers, pixels and other technologies including information about your web browser, IP address and time zone. Additionally, as you use the Platform, we collect information about the particular sections of the Platform that you use and how you interact with the Platform. We refer to this automatically-collected information as Device Information.

We collect Device Information using the following technologies:

• “cookies” which are data files that are placed on your device or computer and often include an anonymous unique identifier;
• “log files” which track actions occurring on the Platform, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps; and
• “web beacons”, “tags” and “pixels” which are electronic files used to record information about how you browse the Platform.

You can control or reset your cookies through your web browser and, if you choose to, you can refuse all cookies. However, some of the features of our Platform may not function properly if you disable the ability to accept cookies.

How do we use your personal information?

We use the information we collect about you for the following purposes.

• Providing our products and services: We use the information that you give to us to provide our products and services. This includes allowing you to create an account and to log in to your account, giving you access to your Content, recognising you across different services and devices and billing you for your use of our Platform.
• Communicating with you: We use your contact information to send communications to you about important changes or updates to our products and services. When in line with the preferences you have shared with us, we also provide you with information or advertising relating to our products and services.
• Performing data analytics: We use information about you to help us improve our products and services, including by generating analytics about how our customers browse and interact with the Platform and to assess the success of our marketing and advertising campaigns.
• Customising our products and services for you: We use information about you to make sure that the Platform and our products and services are customised to your needs.
• Keeping our Platform secure: We use information about you to screen for potential risk and fraud, and to identify violations of this Privacy Policy or our End User Licence Agreement (available here).
• Where required by law: We will use or disclose your information where we reasonably believe that such action is necessary to: (a) comply with the law and the reasonable requests of law enforcement or a government authority; (b) to enforce our End User Licence Agreement or to protect the security and integrity of our Platform; and (c) to exercise or protect the rights, property or personal safety of our business, our customers or others.
• Where you have given your consent: We may seek your consent to use your information for a particular purpose. Where you give your consent for us to do this, we will use your information in accordance with that purpose. You can withdraw your consent to these uses at any time.

For personal information subject to EU data protection laws (GDPR), we rely on the following legal bases to process your information:

• where you have given your consent for us to use your information;
• where the processing is necessary to perform a contract that we have with you, for example when you purchase our products or services;
• our legitimate business interests, such as improving and developing our products and services and marketing new features or products (but only where our legitimate interest is not overridden by your interest in protecting your personal information); and
• where it is necessary for compliance with our legal obligations.

You may at any time refuse to provide the personal information that we request. However, this may limit or prohibit our ability to provide our products and services to you. You may withdraw your consent for us to process your personal information at any time by contacting us in accordance with our ‘Contact us’ section below.

Who do we disclose personal information to?

Outside of authorised personnel employed by us, we only share your personal information with third parties that meet the data privacy conditions described in this Privacy Policy. These third parties help us use your personal information in the ways described above, and include:

• marketing platforms, communications platforms and contractors who we engage to help process personal information and other data;
• Stripe, for the purpose of facilitating payments by you or by your customers;
• government third parties, including government agencies, regulatory bodies and law enforcement agencies as required, authorised or permitted by law; and
• a third party that acquires or intends to acquire us or our assets.

International transfers of personal information

For our customers in Australia, we do not transfer your personal information overseas. For our customers outside Australia, your personal information will be securely transferred to Australia and we will adhere to certain safeguards approved under data protection laws. We rely on your consent to transfer your personal information in these circumstances. The transfer of information to Australia is made in order to assist us to provide you with the products and services and/or to improve the products and services we offer you.

Changing or deleting your personal information

You may update certain account information such as your name and email address by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us at any time by clicking on the “unsubscribe link” in the relevant communication.

You may also access, review, update, rectify or delete your personal information by contacting us. We will respond to all requests within 30 days. Please note that deleting your personal information may limit our ability to provide the Platform to you.

We may limit or reject your request in certain cases, including without limitation where the burden or expense of providing access would be disproportionate to the risks to your privacy for that particular situation, where the rights of other persons would be violated or as required by law or governance purposes.

If you need further assistance regarding your access and control of your personal information, please contact us.

Security

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it (including encryption and password protection). Each of our employees is aware of our security policies, and your information is only available to those employees who need it to perform their jobs.

However, no method of transmission over the Internet using industry standard technology is 100% secure. Therefore, we cannot guarantee the absolute security of your information.

Data Retention

When you register as a user through the Platform, we will maintain the personal information you have provided for our records because we need this information to operate the accounts you have with us, to deliver our products and services to you and for the other purposes set out in the ‘What personal information do we collect?’ section. We will retain this information for as long as is necessary for the purposes for which it is being processed or where we are otherwise required by law to retain it.

Minors

We do not knowingly advertise or collect personal information from any individual under the age of 18 and our services and content are not directed at children under the age of 18. If we later find out that we have collected personal information from any individual under the age of 16 without parental consent, we suspend and remove this personal information immediately.

Changes to our Privacy Policy

We reserve the right to modify this Privacy Policy at any time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Any modifications to this Privacy Policy will be effective upon our publication of the new terms and/or upon implementation of the new changes to our services (or as otherwise indicated at the time of publication). In all cases, your continued use of our services or Platform after the publication of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

Additional rights for EEA customers

If you are a resident of the European Economic Area (EEA) for the purposes of the GDPR, then in addition to what is set out above, the following applies to you.

We are a data controller for the purposes of the GDPR and by giving your consent in accordance with this Privacy Policy, we are able to process your personal information in accordance with this Privacy Policy.

In providing our products and services to you, we may make use of a number of automated processes using your personal information and your activity on our Platform as tracked by us, in order to provide optimised services to you.

In addition to your rights set out above, you may:

• update or rectify any of the personal information we hold about you, in the manner described in the ‘Changing or deleting your personal information’ section above; or
• withdraw your consent to our use of our personal information as described in this Privacy Policy. This can be done by contacting us directly, using the details set out in the ‘Contact us’ section; or
• request that we provide you with a copy of the personal information we hold about you in a portable and machine readable form or share your personal information with a nominated third party. This can be done by contacting us directly, using the details set out in the ‘Contact us’ section.
  If you are unhappy with our data practices, you also have a right to lodge a complaint with your local supervisory authority.

Contact us

Thank you for taking the time to read this. Please don’t hesitate to get in touch if you have any queries about the use of your personal information – email us at [email protected]