Privacy Policy and Data Protection

Effective date: [DATE]

Last updated: [DATE]

1. About this Privacy Policy

AskFirebird operates an online directory that helps people discover small businesses in Australia through askfirebird.com.au and related services (together, the Service).

In this Privacy Policy, “AskFirebird”, “we”, “us” and “our” mean [FULL LEGAL ENTITY NAME, ABN], of [BUSINESS OR POSTAL ADDRESS].

This Privacy Policy explains how we collect, hold, use and disclose personal information and how you can request access to or correction of your information, make a complaint, or contact us about a privacy concern.

We handle personal information in accordance with applicable Australian laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles where they apply to us.

2. Information we collect

We collect information directly from business owners or persons authorised to act on their behalf. AskFirebird does not create business profiles using information collected from public registers, business websites, social media pages or other public sources.

When you create an account, purchase a subscription, submit a business profile or contact us, we may collect:

your name;
email address;
telephone number;
login and account information;
communications you send to us;
subscription and transaction information; and
any other information you choose to provide.

For a business listing, we may collect:

business name and trading name;
business description and category;
business address or service area;
business telephone number and email address;
website and social media links;
photographs, logos and other listing content;
opening hours;
the name and professional details of a business owner or representative; and
information reasonably required to confirm that you are authorised to represent the business.

Some business information may also be personal information, particularly where the business is operated by a sole trader or from a residential address.

By submitting a business listing, you confirm that:

you are the business owner or are authorised to act on behalf of the business;
the information you submit is accurate;
you have permission to provide any personal information relating to another person; and
you authorise AskFirebird to publish the information identified as listing content in accordance with this Privacy Policy and our Terms of Use.

3. Information displayed through the directory

A business profile may publicly display:

business name;
business description and category;
photographs and logo;
website links;
social media links;
opening hours; and
other information clearly identified as public when the profile is created or updated.

Telephone numbers and email addresses submitted to AskFirebird are not displayed as openly accessible information or made available for general search-engine indexing. They may be made available [TO REGISTERED USERS / AFTER A USER TAKES A SPECIFIC ACTION / IN THE FOLLOWING CIRCUMSTANCES: INSERT DETAILS], where the business owner has chosen to allow this.

AskFirebird will not intentionally make private account information, passwords, payment details or internal verification information publicly available.

Business owners should not submit residential addresses, personal contact details or photographs that they do not want displayed through the Service.

Public listing information may be viewed, copied or shared by other people and may be cached by search engines or other third-party services. After information is changed or removed from AskFirebird, cached copies may remain available temporarily outside our control.

4. How we use information

We may collect, hold and use information to:

create and manage accounts and business profiles;
publish information submitted by business owners;
provide and administer free and paid subscriptions;
process payments and maintain transaction records;
verify that a person is authorised to manage a business profile;
provide customer service;
respond to correction and removal requests;
send account, subscription, billing and security notices;
prevent fraud, misuse and unauthorised access;
maintain, analyse and improve the Service;
comply with legal, tax and accounting obligations; and
send marketing communications where we have consent or are otherwise permitted by law.

We do not use information from external public sources to create business listings.

5. Communications between users and businesses

AskFirebird is a directory and discovery service. It does not provide an internal messaging service.

Users may contact a listed business using contact information or external links made available through the business profile. Any subsequent communications, bookings, purchases, agreements or disputes occur directly between the user and the business outside AskFirebird.

Once information is provided directly to a business, that business is responsible for handling it under its own privacy practices. AskFirebird does not control and is not responsible for the privacy practices of independently operated businesses listed in the directory.

6. Paid subscriptions and payments

AskFirebird may offer paid subscriptions or other paid features to business owners.

Payments are processed by [PAYMENT PROVIDER, FOR EXAMPLE STRIPE OR PAYPAL]. AskFirebird may receive and retain transaction information such as:

subscriber name and contact details;
subscription type and status;
transaction date and amount;
invoice and receipt information;
payment-provider customer or transaction identifiers; and
limited payment-method information, such as card type and the last digits of a card.

Full payment card numbers and security codes are processed by the payment provider and are not stored by AskFirebird, provided this accurately reflects our payment arrangements.

The payment provider handles payment information under its own privacy policy and security practices. Payment and transaction records may be retained where required for taxation, accounting, fraud prevention, dispute resolution and legal compliance.

7. Service and marketing communications

We may send communications necessary to operate the Service, including:

account verification messages;
subscription and payment notices;
listing status or renewal notices;
security alerts; and
responses to support requests.

These operational messages are separate from marketing communications.

We will only send commercial electronic messages where we have consent or are otherwise permitted by law. Marketing messages will identify AskFirebird and include a clear method of unsubscribing.

You may withdraw your marketing consent at any time. Withdrawing consent to marketing will not prevent us from sending necessary account, security, payment or subscription communications.

8. Technical information and cookies

When you use the Service, we and our technology providers may automatically collect:

IP address;
browser and device type;
operating system;
pages viewed and features used;
referring website;
approximate location derived from an IP address;
dates and times of visits;
cookie and similar technology identifiers; and
diagnostic, security and error information.

We may use cookies and similar technologies to operate the website, maintain login sessions, remember preferences, protect accounts, measure performance and understand use of the Service.

We may use [LIST ANALYTICS AND COOKIE PROVIDERS]. You can control cookies through your browser settings, although disabling necessary cookies may prevent parts of the Service from functioning correctly.

9. Disclosure of information

We may disclose personal information:

as part of a business listing where the business owner has authorised its display;
to hosting, payment, email, analytics, security, customer-support and other providers that help us operate the Service;
to professional advisers, insurers, accountants and auditors;
where required or authorised by law;
where reasonably necessary to investigate fraud, security incidents or misuse;
in connection with a sale or restructuring of the business, subject to appropriate confidentiality arrangements; or
with your consent or at your direction.

We do not sell personal information, personal contact lists or information submitted by business owners.

10. Overseas storage and processing

Some providers that help us operate the Service may store or process information outside Australia.

The countries in which recipients are likely to be located include [LIST COUNTRIES AFTER CHECKING HOSTING, PAYMENT, EMAIL AND ANALYTICS PROVIDERS].

Where required, we take reasonable steps to ensure overseas recipients handle personal information consistently with applicable Australian privacy requirements.

11. Data security and breaches

We take reasonable technical and organisational measures designed to protect personal information from misuse, interference, loss, unauthorised access, modification and disclosure.

No internet transmission or storage system can be guaranteed to be completely secure. Account holders are responsible for keeping their passwords confidential and should notify us if they suspect unauthorised access.

If a data breach occurs, we will assess and respond to it and make notifications where required by applicable law.

12. Data retention

We retain personal information only for as long as reasonably necessary to operate the Service or meet legal, security, accounting and dispute-resolution requirements.

When information is no longer required, we will take reasonable steps to delete or de-identify it. Some information may remain temporarily in secure backups or be retained where required by law.

13. Access, correction and removal

You may ask us to:

provide access to personal information we hold about you;
correct inaccurate, incomplete or outdated information;
update a business listing;
hide or remove personal contact information; or
close your account and request removal of your business profile.

We may need to verify your identity and authority to act for the relevant business before completing a request.

To make a request, contact us using the details below. We will respond within a reasonable period. Removal from AskFirebird may not immediately remove copies previously cached by independent search engines or other third parties.

14. Complaints

If you believe we have mishandled your personal information, contact our Privacy Officer and describe your concern and the outcome you are seeking.

We will acknowledge and investigate the complaint and aim to respond within 30 days. If additional time is required, we will let you know.

If you are not satisfied with our response and the Privacy Act applies, you may be entitled to complain to the Office of the Australian Information Commissioner at oaic.gov.au.

15. Changes to this Privacy Policy

We may update this Privacy Policy when our services, technology or legal obligations change.

The current version will be published on askfirebird.com.au with its effective date. Where appropriate, we will notify account holders of material changes.

16. Contact us

Privacy Officer — AskFirebird

Legal entity: [FULL LEGAL ENTITY NAME]

ABN: [ABN]

Email: [PRIVACY EMAIL ADDRESS]

Postal address: [POSTAL ADDRESS]

Telephone: [TELEPHONE NUMBER, IF APPLICABLE]