Privacy Policy

MISTABLE VERSION 6.0 PRIVACY POLICY AS AT 6th SEPTEMBER 2021
1. Application of this Policy

This is the policy (the "Privacy Policy") of 99 Digital Pty Limited (ACN: 603 806 551) t/as MiStable ("MiStable" or "us" or "we" or "our") which sets out MiStable's policies and procedures regarding the collection, use and disclosure of information generally.

This PrivacyPolicy is intended to apply, in addition to MiStable's Terms of Use, to anyone (also referred to as "you" or "our" below) who uses any services offered by MiStable. This Privacy Policy was last updated on the "last modified date" below and is effective from that date. MiStable will adhere to its obligations in respect of your personal information to the extent permitted under this Privacy Policy and in accordance with applicable law, including, without limitation, the Privacy Act 1988 (Cth).

It is your responsibility to ensure that you understand this Privacy Policy. If at any time you do not agree with any of it, you must cease using any service offered by MiStable and/or notify us of such (see "Contact" section below). The Privacy Policy may be modified from time to time in our sole discretion, so we recommend that you check our website regularly for any updates. We will notify you of any changes by posting a new Privacy Policy and updating the "last modified" date below.

If you have any questions or concerns, please contact us (see "Contact" section below).

2. What Personal Information does MiStable Collect?

The types of personal information MiStable collects depends on your dealings with us. We primarily collect and store information when you provide it to us voluntarily — this may be in the form of directly supplying the information to us, or indirectly by simply navigating to and browsing our website(s). We may collect personal information from you when you:

  • establish an account with MiStable and/or become a registered member/user ("MiStable User") of any service provided by MiStable ("MiStable Service");
  • use a MiStable Service to interact with other MiStable Users or to upload or edit information that is associated with any profiles you create using a MiStable Service, including the provision or alteration of any materials that may be published on our website; and/or
  • browse or use one of our services, through technological tools including "Log Data" and "Cookies" which collect certain information, as explained below.

If you participate in one of our services, the personal information we collect may include:

  • your name, gender, date of birth and/or the name of your organisation or business;
  • your contact details, such as phone, email or any information relating to any other third-party social networking platform or website ("SNS") (including, but not limited to, Facebook, Linkedin and Twitter);
  • a record of your IP address;
  • the date and time of your visit to our website;
  • information and/or data relating to the geographical location of personnel; and
  • any Third-Party Content (as defined in the Terms of Service) which you provide to MiStable and/or other Content (as defined in the Terms of Service) which you access via a MiStable Service.

If you are a MiStable User, we recommend that you guard and refrain from disclosing any information you consider sensitive and confidential.

3. Why MiStable Collects, Holds, Uses and Discloses Personal Information

We need to collect personal information so that we can provide our products and services, and conduct our business, including but not limited to the following:

  1. to allow you and others to become a MiStable User and to use the MiStable Service;
  2. for research, marketing and analysis;
  3. to assist our internal administration and operations;
  4. to allow us to better understand your use of our products and services; and
  5. to enable us in acting as a contracted service provider to other businesses
4. How does MiStable use Personal Information?

We use your personal information (in some cases, in conjunction with your "Non-Identifying Information" see below) to provide services to you. For example:

  1. We create your account for your use of the MiStable Services based upon the personal information you provide.
  2. To maintain and administer any profiles, news threads, forum articles, blogs or other commentary created by you via the MiStable Service.
  3. To provide support services to you in respect of the MiStable Service and to help us respond to your questions and/or inquiries.

We also collect other information that you provide as part of establishing an account and using the MiStable Service that cannot reasonably be used to identify or contact you (including, without limitation, usage statistics and certainContent provided to MiStable) ("Non-Identifying Information"). Certain Non-Identifying Information would be considered a part of your personal information if it were combined with other identifiers (for example, your location information) in a way that enables you to be personally identified or contacted. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (for example, your book/game preferences). We may combine your personal information with Non-Identifying Information and aggregate it with information collected from other MiStable Users to attempt to provide you with a better experience, to improve the quality and value of the MiStable Service and to analyse and understand how the MiStable Service is used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

When you provide information from or link to any SNS service in connection with your use of the MiStable Service, you may be sharing or using the personal information you have already provided to the SNS (such as your "real" name, email address and other information you make publicly available via the SNS); the information we collect may depend on the privacy settings you have with the SNS, so please consult the SNS's privacy and data practices. If you do not want us to continue to use your name or other personal information, please let us know using the contact details in the 'Contact' section below or follow any procedure advised to you by MiStable.

5. Will your Personal Information be given to anyone else?

Personal information may be disclosed outside of MiStable in the circumstances described below:

  1. We may disclose your personal information to outside contractors to carry out specialised activities on our behalf. In particular, contractors may provide us with a range of administrative, information technology and other services.
  2. We may employ third party companies and individuals to facilitate our services, to provide the service on our behalf, to perform related services (e.g. maintenance services, database management, web analytics and improvement of service features) or to assist us in analysing how our services are used. These third parties have access to your personal information only to perform these tasks on our behalf and are obliged not to disclose or use it for any other purpose.
  3. Your personal information, which may be included in any Third-Party Content or Content, may be disclosed or published on a MiStable Service for third parties, including other MiStable Users, to access and view if you choose to upload, provide or allow such personal information to be disclosed or published. This includes cases where you upload various personal information about yourself that we reasonably infer based on the circumstances that you intend for it to be disclosed or published. It is your responsibility to find out and understand the consequences of uploading or providing any personal information to our website or a MiStable Service, including taking your own precautions to protect your privacy.
  4. We may alter, modify, amend or redact your personal information prior to disclosing or publishing it on a MiStable Service if we feel this is appropriate in the circumstances. We will endeavour to not disclose or publish more personal information than is necessary for the purposes to which is was provided or uploaded, however, it is ultimately your responsibility to exercise your own judgment regarding what or how much personal information you should provide or upload as there is always a risk that an unauthorised third party may obtain access to such information and use it inappropriately.
  5. We may disclose personal information if this is required by law or permitted under the Privacy Act 1988 (Cth).
  6. We may share aggregated information that does not include personal Information and we may otherwise disclose Non-Identifying Information and Log Data (see 'Online Privacy Issues' section below) with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your personal information.
  7. All users and others with whom we interact have the option to opt-out of receiving email and other forms of direct marketing communications from us. If you do not wish to continue to receive electronic marketing communications from us and/or selected third parties you should opt-out by clicking the “unsubscribe” link in any email communications that we might send you.

Other than as specified in this policy, no personal information will be provided toa third party without your consent. However, MiStable cannot control, and will not be liable, for any use of your personal information by any third party to whom your information is sent with your consent.

6. Direct Marketing

From time to time, we may use and disclose your personal information to our partners to contact you via newsletters, marketing or promotional materials and other information that we believe may be of interest to you. If you decide at anytime that you no longer wish to receive such communications, please follow the unsubscribe instructions provided in any of the communications, update your "preferences" information in your account settings (if applicable) or contact us using the contact details below. If you make such a request we will respond as soon as practicable and will make all reasonable efforts to promptly change your preferences to opt out of receiving future direct marketing communications.

7. Online Privacy Issues

You have several choices regarding the use of information on our services:

  1. Cookies. Like many sites, we use "cookies" to collect website usage data. A cookie is a small data file that is transferred to your computer's hard disk. There are session cookies and persistent cookies — we may use both so we can better understand how you interact with MiStable and to monitor web traffic routing with the aim of improving the MiStable Services. Most Internet browsers automatically accept cookies, however you can instruct your browser (via the options section) to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit, however, doing so may mean you will not be able to use all or parts of the MiStable Service.
  2. Social Networking Sites. We may share SNS-related information in your account (including your Personal Information) or that you otherwise provide to us as part of your use of the MiStable Service. You should always check with the relevant SNS regarding how they protect your privacy. It is your responsibility to exercise your own judgment when providing SNS-related information as there is always a risk that an unauthorised third party may obtain access to such information and use it inappropriately.
  3. Changing or Deleting Your Information. You may review, update, correct or delete the personal information in your account (including any imported contacts) by contacting us if no such function exists in the MiStable Services. If you completely delete all of your personal information, then your account may become deactivated. We will use commercially reasonable efforts to honour your request for deletion in that case. We may retain an archived copy of your records as required by law or for legitimate business purposes.
  4. Log Data. When you visit the MiStable Service, our servers automatically record information that your browser sends whenever you visit ("Log Data"). This Log Data may include information such as the browser type or the webpage you were visiting before you came to our service, pages of our service that you visit, the time spent on those pages, information you search for on our service, access times and dates, and other statistics. We use this information to monitor and analyse use of the service and the service's technical administration, to increase our service's functionality and user-friendliness, and to better tailor our services to our users' needs.
  5. Links. Our services contain links to other third-party websites and online services.If you choose to visit another website or online service by clicking on a link, you will be directed to that third party's website or online service. The fact that we may link to a website or online service is not an endorsement, authorisation or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites and online services, and these third parties may place their own cookies or other files on your computer and collect data or solicit personal Information and non-identifying information from you. Other sites and online services follow different rules regarding the collection, use and/or disclosure of personal information and non-identifying information. We encourage you to read the privacy policies or statements of the other websites or online services you visit before providing any information or using such websites or services.
8. Security of Information

We will take all reasonable steps to ensure the security of your personal information, Content and/or Third-Party Content from misuse and loss, and from unauthorised access, modifications or disclosure as required under the Privacy Act 1988 (Cth). We care about the security of your information. We use commercially reasonable safeguards to preserve the integrity and security of information collected and maintained from misuse or loss. However, we cannot ensure or warrant the security of any information or Third-Party Content you provide to us or guarantee that information or Third-Party Content may not be accessed, disclosed, altered, or destroyed by unauthorised persons. We do not warrant that any of our systems will be without error or interruption, or will be free from unauthorised or fraudulent third party access as a result of the nature of Internet transmissions.

9. How can you access or amend your stored Personal Information?

We will take reasonable steps to make sure that the personal information we collect, use or disclose is accurate, complete and up to date. If your contact details change we encourage you to let us know (see "Contact" section below). Following a request, we will provide you with a copy of the personal information we hold about you in accordance with our obligations under the Privacy Act 1988 (Cth) — to make a request, please see "Contact" section below. We will use reasonable endeavours to respond to your request within 14 days of receipt of your request. We may charge a fee for providing you with that information, in which case we will inform you of the fee in advance of providing the information.

You may also request us to update, correct or amend personal information that is inaccurate, incomplete or out of date — to make a request, please see "Contact" section below. We will use reasonable endeavours to amend your records as requested within 14 days of receipt of notice.

10. How can you submit a Complaint relating to your Personal Information?

If you are concerned with how we collect, store, use or disclose your personal information, you may make enquiries or submit a formal complaint to us (see "Contact" section below). We will use reasonable endeavours to address your enquiry or complaint and will endeavour to respond to you within 14 days of receipt of your initial enquiry or complaint.

If you feel your enquiry or complaint has not been adequately addressed by us, you may contact the Office of the Australian Information Commissioner. However, we would advise you to notify us beforehand of why you feel we have not adequately addressed your enquiry or complaint and allow us an opportunity to respond to you. If you would like any further information about your rights to privacy, please contact or visit the website of the Office of the Australian Information Commissioner at http://www.oaic.gov.au .

11. OUR POLICY TOWARDS MINOR'S INFORMATION

Our products and services are not directed to minors, that is, persons under the age of 18. We do not knowingly collect personally identifiable information from minors. If a parent or guardian becomes aware that his or her child has provided us with personal information without their consent, he or she should contact us at support@MiStable.com . If we become aware that a minor has provided us with personal information, we will delete such information from our files.

12. CROSS-BORDER DISCLOSURE

We may disclose some of your personal information such as your name and email address to organisations located outside Australia, in countries which do not have the same or substantially similar privacy laws, but only to the extent necessary to provide you with the products or services requested by you. It is not practicable to provide you with the names of the countries currently.

13. CONTACT

If you have any questions about this Privacy Policy or any of the practices described herein, if you wish to update information we hold about you, make a complaint, or request a copy or our most current Privacy Policy, or if you are of the view that personal information about you is inaccurate or out of date, please contact 99Digital Pty Ltd by -

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