We respect your privacy

We respect your right to privacy and are committed to safeguarding the privacy of our customers and software application users. This policy sets out how we collect and treat your personal information.

We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR). 

“Personal information” is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.

Collection of personal information

We will, from time to time, receive and store personal information you enter in to our software application Endorba, provide to us directly or give to us in other forms. 

You may provide basic information such as your name, phone number and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support. 

Additionally, we may also collect any other information you provide while interacting with us.

How we collect your personal information

We collect personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our software application and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

Use of your personal information 

We may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.

We will use personal information only for the purposes that you consent to. This may include to:

• provide you with products and services during the usual course of our business activities; 
• administer our business activities;
• manage, research and develop our products and services;
• provide you with information about our products and services; 
• communicate with you by a variety of measures including, but not limited to, email or SMS; and
• investigate any complaints.

If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.

If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

Disclosure of your personal information 

We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

The classes of third party service providers with which we most commonly share personal information as set out in this policy are:

• Internet & software hosting providers,
• purchase management providers, and
• customer support service providers.

We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. 

We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Hulloss Media, the application, our website and our customers or third parties. 

Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of your country of residence. These may include, but are not limited to Australia and the United States of America.

If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances. 

By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

General Data Protection Regulation (GDPR) for the European Union (EU) 

We will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.

We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.

We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.

We only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose.

We only process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.

We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.

We do not collect or process any personal information from you that is considered “Sensitive Personal Information” under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.

You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you.

Your rights under the GDPR

If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. We operate in accordance with your rights under the GDPR regarding how your personal information is used and controlled if you are an individual residing in the EU.

Except as otherwise provided in the GDPR, you have the following rights:

• to be informed how your personal information is being used;
• access to your personal information;
• to correct your personal information if it is inaccurate or incomplete;
• to delete your personal information (also known as “the right to be forgotten”);
• to restrict processing of your personal information;
• to retain and reuse your personal information for your own purposes;
• to object to your personal information being used; and
• to object against automated decision making and profiling.

You may contact us to exercise your rights under the GDPR. We may ask you to verify your identity before acting on any of your requests.

Hosting and International Data Transfers

Information that we collect may be stored, processed in or transferred between parties or sites located in countries outside of your country of residence. These may include, but are not limited to the U.S.A and Australia.

By submitting your personal data to The Application, through our websites or otherwise, you are providing explicit consent for the international transmission of such data for the fulfilment of our services to you.

Transfers of personal data between Countries will be protected by appropriate safeguards including the use of standard data protection clauses adopted or approved by the European Commission which can be obtained from the European Commission Website. We will take all reasonably necessary steps to ensure that no transfer of your Personal Data will take place to an organisation or a jurisdiction without adequate security controls in place.

You acknowledge that personal data that you submit for publication through our application, website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

Security of your personal information

We are committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.

The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Access and Control of your personal information

We provide you with the ability to conveniently access and update certain information about you held by us when you are signed in to The Application.

You may request details of personal information that we hold about you in accordance with the provisions of the privacy laws of your country of residence. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us.

We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Australian Privacy Act 1988 (Cth) or any other applicable law.

If you no longer wish to use the Application, you can close your account from within the preferences area of The Application when you are signed in. Please be aware that when you close your account it will be deleted permanently – this typically occurs within five (5) business days.

Feedback or complaints about privacy 

If you have any questions or complaints about our privacy practices, please feel free to contact us.

‘Do Not Track’ Signals

Some web browsers include “Do Not Track” (DNT) features that can indicate to the websites you visit that you do not want to be tracked. As there is not yet a universal understanding of how to handle the DNT signal, our website and associated services don’t respond to web browser DNT signals.

Sales of Personal Data

Hulloss Media does not collect user personal data with the purpose of selling it to third parties and we have conducted no sales of user personal data in the preceding 12 months.

Children

The Application is not targeted at individuals under the age of eighteen (18). We do not knowingly collect personal information from children under the age of 18. If we become aware that a child aged less than 18 has provided their personal information to us, we will take steps to delete such information. If you become aware that a child aged less than 18 has provided us with personal information, please contact us.

Opt-out right 

You can opt-out of data analytics and fault report collection via the preferences section of the application. You can stop all collection of information by the application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your device or via the application marketplace.

Changes to Privacy Policy 

We may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website. We encourage you to review this privacy policy whenever you use The Application to remain informed regarding our information practices and the ways in which you can help to protect your privacy.

In the event that we make material changes to this Privacy Policy, we will display a banner on our website home page for 14 days that indicates that changes have been made.

If you object with any changes to this privacy policy, you will need to stop using the Application and close your account.

Application-Specific Practices

iCloud Sync
The application provides the ability to sync data across multiple devices using the iCloud synchronisation service provided by Apple. We do not have access to the information handled using this service. iCloud synchronisation can be turned off in the preferences area of the application.

Analytics
When you use the application we may collect information about the way you use the Application. Examples of the types of data collected for the purposes of analytics are:

• number of course items created, edited or presented in a given time period.
• the amount of time spent presenting activities.
• measurements relating to the performance of the built-in content searching algorithm.

This information is used in an aggregated manner to analyse how people use the application, such that we can continually improve the application. Analytics reporting can be turned off in the preferences area of the application.

Fault Reporting
The application contains a fault reporting system that is designed to report details relating to low-level fault conditions to us if they occur. When a fault report is generated the application will collect information including, but not limited to, the version number of the application, the device operating system version and the state that the application was in at the time of the fault. Fault reporting can be turned off in the preferences area of the application.

Supporting Advertisements
The application may display promotional advertisements to you whilst certain events are taking place. The application does not use personally identifiable data to target advertisements to you.

Account Status Verification
The application may collect and transmit technical and transaction information to us in order to confirm your eligibility for Endorba Plus membership. This includes, but may not be limited to:

• Device type and operating system details
• IP address
• App version number
• Country
• Time zone
• In-app purchase receipt file & transaction information
• Time of last application usage

Third Party Links
The application may from time to time have links to other applications or websites not owned or controlled by us. These links are meant for your convenience only. Links to third party applications and websites do not constitute sponsorship or endorsement or approval of these third parties. Please be aware that we are not responsible for the privacy practises of other such applications or websites. We encourage our users to be aware, when they leave our application or website, to read the privacy statements of each and every application or website that collects personally identifiable information.

Definitions

Expression	Definition
The Application	Endorba for macOS
“we”, “us” or “Hulloss Media”	Hulloss Pty Ltd G Fl, 470 St Kilda Road, Melbourne, VIC 3004, Australia
Personal information	information we hold which is identifiable as being about you
Apple	Apple Inc. One Apple Park Way, Cupertino, CA 95014, U.S.A