TUBETRADER Privacy Policy

1. Introduction

   This Privacy Policy ("Policy") outlines the collection and use of personal data through a mobile user interface for the TUBETRADER platform (the "Platform"). The Platform is operated by TUBETRADER Pty Ltd, by itself or by TUBETRADER LLC, (together, the “ Company” “we”, “our” or “us”).

   We are committed to protecting your privacy rights and making our practices regarding the processing of Personal Data (as defined below) more transparent and fair. This Policy was designed to help you understand the information we collect, store, use and share, and it applies whenever you visit our App or otherwise use or access the Platform.

   You are not legally required to provide us with any Personal Data, but without it we will not be able to provide you with the full range or with the best experience of using our Platform.

   This Policy is integrated into and forms part of the Company's Terms of Use and is incorporated in this Policy by reference. Any term not defined herein, shall have the meaning ascribed to it under the Terms of Use.

   We strongly urge you to read this Policy and make sure that you fully understand and agree to it. By using the Platform, you signify your acceptance of this Policy. If you do not agree to the terms of this Policy, please do not use our Platform. Your continued use of the Platform following the posting of changes to this Policy will mean that you accept those changes.

2. What Types of Data do We Collect?

   We collect two types of data from you: Personal Data ("Personal Data") and non-Personal Data. Personal Data means any information which may potentially allow your identification with reasonable means (for example, email address or name). Non-Personal Data, by contrast, can be defined as any information that does not relate to an identified or identifiable natural person. This may include, for example, your aggregated usage information and technical information transmitted by your device (for example, the device you use, the type of browser and operating system your device uses, language preference, access time, etc.). This section sets out how and when we collect those types of data from you.

   2. Account Information. When you register to our Platform, we collect your email address which will be used to access our Platform and identify you.
   2. Usage Information. We collect data about your usage interaction with our Platform. Such information includes geolocation data, clicks, pages viewed, and other data which relates to your activity in the Platform.
   2. Technical Information. When you use our Platform, we collect technical information about your device. Such information may include geolocation data, IP address, unique identifiers (e.g. MAC address and UUID), operating system, browsing history, language, mobile carrier, device information, etc.
   2. Communication Information. When you send us an email or contact us via the support in our Platform, we collect the Personal Data you provide us. This may include your name, email address and any other information you choose to provide.
3. Why do We Process your Personal Data?

   Privacy laws require us to have a valid lawful basis in order to process your Personal Data.

   Purpose	Legal basis
   Provision of Platform; Support. We use your Personal Data, such as your contact information, for consumer services purposes. This includes, for example, responding to your inquiries.	The legal basis for processing this data is the performance of our contractual obligations towards you; your consent (for example, when you input Personal Data into the Platform); the compliance with our legal obligations; and the protection of our legitimate interests. Our legitimate interests in this case are improving our Platform.
   Improve our Platform. We collect and analyse information about you and your usage of our Platform to improve the usability and effectiveness of our Platform.	The legal basis for processing this data is the performance of our contractual obligations towards you and the protection of our legitimate interests. Our legitimate interests in this case are improving our Platform.
   Payments. We process your payment information for the purpose of enabling you to purchase on our Platform.	The legal basis for processing this data is the performance of our contractual obligations; the protection of our legitimate interests, in this case enforcing our policies and preventing misuse of our App and Platform; and compliance with legal obligations to which we are subject.
   Compliance with the applicable laws. We may be required to collect, retain, or share your Personal Data under applicable laws.	The legal basis for processing this data is compliance with our legal obligation.

4. With whom will we share your Personal Data?

   We share your Personal Data as described below

   • Affiliated companies: we may share Personal Data internally with our affiliated companies, for the purposes described in this Policy.
   • Service providers: we share your information with service providers, such as software and cloud service providers, who help us provide you with our Platform. These third parties may have access to your Personal Data so that they may perform these tasks on our behalf, but they are obligated to comply with this Privacy Policy and may not use your Personal Data for any other purpose.
   • Compliance with laws and law enforcement entities: we may disclose any data about you to governments or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal processes(including but not limited to subpoenas), to protect our or a third party’s property and rights, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. We also may be required to disclose an individual’s Personal Data in response to a lawful request by public authorities, including meeting national security or law enforcement requirements.
   • Auditors and advisers: we may share your data with our external auditors, advisors and professional service providers (i.e. lawyers, accountants, insurers, etc.) for ensuring our compliance with regulatory requirements and industry standards.
   • Merger and acquisitions: we may share your data if we enter into a business transaction such as a merger, acquisition, reorganization, bankruptcy, or sale of some or all of our assets. Any party that acquires our assets as part of such a transaction may continue to use your data in accordance with the terms of this Policy.
5. Marketing
   5. We may use your Personal Data ourselves for the purpose of providing you with promotional materials, concerning the Platform as well as products, services, websites and applications which we believe may interest you.
   5. You may at any time decline receiving further marketing offers from us or from our business partners and marketing affiliates by contacting us.
   5. Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you service-related updates and notifications.
6. Data Protection Rights

   Certain jurisdictions provide users with certain statutory rights with respect to their Personal Data. Subject to exemptions provided by law, and with proper identification, you may have some/all of the following rights available to you:

   1. Receive confirmation as to whether or not Personal Data concerning you is being processed, and access your stored Personal Data, together with supplementary information.
   2. Receive a copy of Personal Data you directly volunteer to us in a structured, commonly used and machine-readable format.
   3. Request rectification of your Personal Data that is in our control.
   4. Request erasure of your Personal Data.
   5. Object to the processing of Personal Data by us.
   6. Request to restrict processing of your Personal Data by us.
   7. Lodge a complaint with a supervisory authority.

   Please note that these rights are not absolute and may be subject to our own legitimate interests and regulatory requirements.

7. Transfer of Data.

   We may transfer your Personal Data to third parties, as set out in this Policy. Such third parties may reside in various jurisdictions around the world. In such circumstances and where required by law, we have put in place contractual measures to ensure that the recipients of your Personal Data provide appropriate safeguards for your data (for example, by training its staff and implementing effective technological and organizational security measures) and are only using it for the purposes of performing their services, or otherwise for those purposes for which we have disclosed your information to them.

8. How do we protect your Personal Data?

   We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Data. While we seek to protect your information to ensure that it is kept confidential, we cannot guarantee the security of any information. You should be aware that there is always some risk involved in transmitting information over the internet and that there is also some risk that others could find a way to thwart our security systems. Therefore, we encourage you to exercise discretion regarding the Personal Data you choose to disclose.

9. Retention

   We will retain your Personal Data for as long as necessary to operate our Platform. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods shall be determined by taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time.

10. Minors

    We do not knowingly collect or solicit Personal Data from anyone under the age of consent (as determined under the applicable laws where the individual resides; “Age of Consent”). By accessing, using or interacting with our Platform, you certify to us that you are not under the Age of Consent.

    In the event that we learn that we have collected Personal Data from an individual under the Age of Consent without verification of parental consent, we will delete that information upon discovery. If you believe that we might have any information from or about an individual under the Age of Consent, please contact us through the contact details available below.

11. Updates to this Policy

    We reserve the right to change this Policy at any time. The most current version will always be posted on our Platform(as reflected in the “Last version” heading). You are advised to check for updates regularly. By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the updated Policy.

12. Further Information

    If you have any further questions regarding the Personal Data collected, or how we use it, please contact us.

    1. Access to Personal Data: You may request, up to twice every twelve (12) months, that we disclose to you the categories and specific pieces of Personal Data that we have collected about you, the categories of sources from which your Personal Data is collected, the business or commercial purpose for collecting your Personal Data, the categories of Personal Data that we disclosed for a business purpose, any categories of Personal Data about you that we sold, the categories of third parties with whom we have shared your Personal Data, and the business or commercial purpose for selling your Personal Data, if applicable.
    2. Deletion Requests: You have the right to request that we delete any Personal Data collected from you and retained, unless an exception applies. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers, subcontractors, and consultants to delete) your Personal Data, unless an exception applies.
    3. Right to Opt-Out of the Sale of Personal Data: In the event that we sell your Personal Data, you have the right to submit a request to opt-out of the sale of your Personal Data. You may change your decision at any time and permit us to sell your Personal Data. After you opt-out, we may continue to share some Personal Data with our partners (who will function as our service providers in such instance) to help us perform business related functions such as, but not limited to, providing the App and Platform, ensuring that the Platform are working correctly and securely, providing aggregate statistics and analytics and/or preventing fraud.

    Exercising Your Rights

    You can exercise your rights by submitting a verifiable consumer request by email:

    Only you or a person authorized to act on your behalf may make a consumer request related to your Personal Data.

    The request must:

    • Provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Data or an authorized representative; and
    • Describe your request with sufficient details to allow us to properly understand, evaluate, and respond to it.

    We cannot respond to your request or provide you with Personal Data if we cannot verify your identity or authority to make the request and confirm the Personal Data relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Data provided in a verifiable consumer request to verify the request or identity or authority to make the request.

    Any questions or comments? Please reach out to support@tubetrader.com.au

    Cookie Notice

    This Cookie Notice explains how TUBETRADER Pty Ltd use cookies and similar tracking technologies, including SDKs (together, “cookies”) on or through our website (“Platform”), or when you visit the TUBETRADER profile (“User Profile”). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

    What are cookies?

    Cookies are small data files that are placed on your computer or mobile device. Website owners can use cookies for a variety of reasons that can include enabling the website to work (or work more efficiently), providing personalised content and advertising, and creating analytics. Cookies set by the website owner (in this case, TUBETRADER) are called “first party cookies”. Only TUBETRADER can access the first party cookies it sets.

    Cookies set by parties other than TUBETRADER are called “third party cookies”. Third party cookies enable third party features or functionality (e.g. like advertising, interactive content and social sharing) to be provided on or through the website. The parties that set these third party cookies on websites can recognise your device both when it visits the website in question and also when it visits other websites that have partnered with them.

    Why do we use cookies?

    We use first party and third party cookies for several reasons. Some cookies are required for technical reasons that are strictly necessary to provide TUBETRADER services, and we refer to these as “essential” cookies. Other cookies also enable us to carry out analytics, to personalise and enhance your experience and/or to show you more relevant content and advertising.

    In addition to the cookies used by TUBETRADER for these TUBETRADER purposes, TUBETRADER Users can adjust their settings to set first and third party cookies on their TUBETRADER Profile for their own independent purposes of a similar nature.

    The specific types of first and third party cookies that we serve through our Platform, and the purposes they perform are described in our cookie consent tool, which you can access with your cookie preferences. This tool also describes the third party cookies that TUBETRADER members may decide to use on their User Profile and the purposes that they perform.

    What about other tracking technologies, like web beacons?

    Cookies are not the only way to recognise or track visitors to a website. We may use other, similar technologies from time to time, like web beacons (sometimes called “tracking pixels” or “clear gifs”) on our website. These are tiny graphics files that contain a unique identifier that enable us to recognise when someone has visited our Platform or opened an e-mail that we have sent them. This allows us, for example, to monitor the traffic patterns of users from one page within our Platform to another, to deliver or communicate with cookies, to understand whether you have come to our Platform from an online advertisement displayed on a third-party website, to improve site performance, and to measure the success of e-mail marketing campaigns. In many instances, these technologies are reliant on cookies to function properly, and so declining cookies will often impair their functioning.

    How can you control cookies?

    In some countries (including where EU or UK law applies), you have the right to decide whether to accept or reject cookies. In any event you can exercise your cookie preferences through our cookie consent tool, which you can access by clicking Cookie Preferences. You can separately control whether to accept or reject cookies set by TUBETRADER.

    In relation to websites, you can also set or amend your web browser controls to accept or refuse cookies.

    If you choose to reject cookies, you may still use our website or app though your access to some functionality and areas may be restricted.

    How often will we update this Cookie Notice?

    We may update this Cookie Notice from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Notice regularly to stay informed about our use of cookies and related technologies.

    Where can you get further information?

    If you have any questions about our use of cookies or other technologies, please email us at support@tubetrader.com.au