Last revised 8 November 2018
1. Collection and Use of Personal Information
PeachE provides an online peer to peer service. To ensure the safety and privacy of our Customers and Freelancers you will be required to provide certain information. Your failure to provide the information requested by PeachE may mean that PeachE will be unable to provide some or all of its Services to you.
PeachE recognises that due to the nature of some of the Services offered by its Freelancers, they may want to retain as much anonymity as possible. However, in order to enhance the safety of our service for all Users, a certain level of personal information is required.
PeachE collects personal information when you register with the PeachE Website. This may include, but is not limited to, your first and last name, address, phone number, contact details, birth date, gender, credit card and Identification documentation details.
PeachE also provides you the option of providing a photo to be associated with your PeachE user profile, as well as additional photos if required to enhance the appeal of your Service offering(s). If your personal details change, it is your responsibility to update your PeachE account to reflect these changes, so that PeachE can keep its records complete, accurate and up to date.
You are not anonymous to PeachE when you log into or post any content (including Services, reviews, bookings or messages) on the Website. To enable PeachE to improve its existing services and to create new service features, PeachE may collect, and share with other Users on PeachE, information about the way you use our services, including (but not limited to) the transactions you enter into on the Website, your feedback rating, the comments you post, and the transactions you enter into with other Users.
When you use the Website to leave a review or provide feedback your Display Name (alias) is visible to other PeachE Users. Your personal information (in particular your first and last name, birthdate and location) will not be available to other Users.
Your personal data is not publicly available
When you communicate in a public forum on the Website, your Display Name and all the material that you post is visible to other PeachE Users but is NOT publicly available to other internet users. Public (non-registered) users of the site can only view the summary profile of Freelancers, which includes their photo (which can also be set to private by the User) and Display Name.
PeachE strongly encourages you to use caution and discretion when posting on the Website. PeachE does not in any way control, and does not accept any responsibility or liability whatsoever for, the disclosure or use of personal information which is voluntarily posted by you in any publicly accessible area of the Website.
PeachE may also receive and record information from your internet browser and computer, including IP addresses, cookies, software and hardware attributes and your page requests. In addition to data collected from your submissions, PeachE may also collect data on your internet behavior from Facebook, other social media websites, or other services.
PeachE may use the information collected by it to facilitate the PeachE Services, including (but not limited to):
- identification and authentication,
- to protect PeachE and the Users of the Website,
- to customise the content and any advertising displayed on the Website,
- to provide, maintain, protect and improve our services,
- providing your information to a User with whom you have or had a transaction facilitated by PeachE,
- as required by law, order of a court, tribunal or regulator or if PeachE reasonably believes that the use or disclosure of the information is considered necessary for enforcement related activities,
- to develop new or improved service features,
- to ensure that PeachE receives payment of Service Fees that it is owed,
- to communicate with PeachE Users (for example, to inform Users about changes to a policy),
- to conduct research activities,
- to allow content on the Website (such as Third Party advertisements) to be targeted, on an aggregate basis, to the Users who are more likely to find the content beneficial,
- to grow the number of Users on the site,
- to develop relationships with affiliate service providers,
- to provide or arrange internal or external verification services for Users via the Website, and
- to generate data reports on an aggregated, non-personally identifiable basis, for both internal and third party use, but subject to any applicable laws (for example, PeachE may show advertisers or investors monthly trend data on the number of transactions on the Website).
Your contact information may also be used for accounting, invoicing and billing purposes, marketing purposes and to respond to any enquiry you make. PeachE may keep a record of any communication between you and PeachE to help resolve any issues you might raise. If other Users of the Website already have your Display Name (or other information identifying you), and you have chosen to upload a photo or other personal information to your PeachE account, PeachE may show those Users that personal information.
In certain circumstances, PeachE will use your email address to administer our User Agreement (for example, PeachE may notify you of a breach).
If PeachE collects, uses or discloses any information from you that is not personal information, but is sensitive information, then PeachE will seek consent directly from you each time PeachE collects, uses or discloses your sensitive information. PeachE will not use or disclose your sensitive information for any other purpose unless the purpose is directly related to the primary purpose for which your sensitive information was collected.
2. Storage and Anonymous Information
If you have registered on the Website then your computer or device may store an identifying cookie or anonymous identifier. PeachE may use these cookies and anonymous identifiers for a number of purposes, that includes accessing your information when you sign in, keeping track of your preferences, directing specific content to you, reporting on PeachE’s user base, and on improving PeachE services.
You agree that if you alter the settings on your internet browser to block or restrict cookies (including cookies associated with PeachE’s services), or to indicate when a cookie is being set by PeachE, the PeachE Services may not work as intended.
Users should keep in mind that while they may still be able to use the Website if cookies are disabled, the services may not function properly on a device and it may not be able to take advantage of certain PeachE features.
3. Protecting Personal Information
Your account is protected by a password for your privacy and security. PeachE will take all reasonable steps to protect the information it holds about you from unauthorised access, use and disclosure. However, PeachE cannot provide absolute certainty around the security of that information, or that its systems will be completely free from third party interception or that it cannot be corrupted by viruses.
PeachE cannot, and does not guarantee that information you send from your computer to us over the internet will be protected by any form of encryption (encoding software). As a result of this, PeachE cannot and does not ensure or warrant the security or privacy of your personal information, including payment and account details. Any transmittal of personal information to PeachE is at your own risk.
You are entirely responsible for maintaining the security of your passwords and/or account information.
4. Third Parties
The Website may contain links to Third Party websites, including the networks of affiliate service providers, advertisers and payment providers. The Website also includes verification services provided by VixVerify. Users are required to provide the details of one of a number of valid Australian Government document identification numbers for verification purposes, in order to gain full access to the Website.
If you follow a link to one of these websites or use any services obtained from a Third Party service provider via the Website that requires you to provide personal information (including sensitive information if relevant) directly to such third parties (for instance, VixVerify), please note that they have their own privacy policies.
When using the verification services made available by PeachE through its Website, that are not performed by PeachE but a Third Party verification provider, then any personal information (including sensitive information if relevant) that you provide as required by that Third Party in order to perform its verification services will be collected directly by the relevant Third Party verification provider and will not be collected, handled, stored or otherwise used by PeachE.
Third-party vendors, including Google, may show PeachE ads on websites across the Internet.
PeachE uses Remarketing with Google Analytics to advertise online. Using the Ads Settings in a personal Google account, visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.
Marketing PeachE and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on someone’s past visits to the PeachE Website.
Using the Ads Settings in a personal Google account, visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads.
6. Administrative Communications
7. Accessing Personal Information
PeachE will allow you, at any time, to access, edit, update and/or delete the personal information that it stores about you, unless:
- PeachE is legally permitted or required to deny you access to, and/ or to retain, the information, or
- You make a request that is unreasonably repetitive, requires PeachE to make a disproportionate technical effort (for example, to develop a new capability), risk the privacy of other Users, or where compliance would be highly impractical.
PeachE must prevent information in its systems from being accidentally or maliciously destroyed. This means that, if you delete information from the PeachE Website, residual copies of that information on its active servers, as well as any corresponding information on its back-up systems, may not be immediately deleted.
8. Privacy Concerns
‘Customer’ means a User that accepts services offered by Freelancers.
‘Freelancer’ means a User who provides Services to Customers.
‘Government Identification’ is a government document that verifies the identity of a User.
‘PeachE’ ‘we’ ‘us’ ‘our’ means Peach Entertainment Pty Ltd ACN 617 838 525.
‘PeachE Website’ means the PeachE Website at www.peache.com.au.
‘Services’ means the services to be rendered as described by the Freelancer, including any variations or amendments agreed before or subsequent to the creation of a contract.
‘Service Fees’ means the booking fee payable to PeachE by Customers.
‘Terms and Conditions’ means the PeachE Terms and Conditions as modified from time to time under section 19. Modifications to these Terms and Conditions.
‘Third Party’ means another legal entity (not being PeachE or a User).
‘User’ means the person who has signed up to use the Website, whether as a Customer or Freelancer, or both.
‘User Agreement’ or ‘Agreement’ means the agreement between PeachE and a User constituted by the most updated version of the Terms and Conditions.
‘Display Name’ an alias that is created by a User to allow them to be identified on the Website without reference to their legal first and last name.
‘Website’ means the Website at www.peache.com.au.
Rules of Interpretation
- headings are for convenience only and do not affect the interpretation of the Policy,
- words in the singular includes the plural and vice versa,
- ‘includes’, and similar words, means includes without limitation,
- a reference to a document includes the document as modified, supplemented or replaced from time to time,
- a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them,
- a reference to a person includes a natural person, joint venture, partnership, body corporate, association, a government or local authority or agency or other legal entity,
- a reference to a party includes the party’s legal personal representatives, successors, assigns and persons substituted by novation,
- any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally, and
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