Privacy Policy

FallbackAI Pty Ltd (ACN 665 047 272 ) of 16/37 Sickle Ave, Hope Island QLD 4212 (“we”, “us” or “our”) and its operation of the website (https://fallbackai.com) and the FallbackAI cloud-based software platform (together referred to as the “Platform”) is committed to respecting your privacy and the privacy of individuals whose data you to share with us when using our products and services ("Your Recipients") .

This privacy policy sets outs out how we collect, use, process, store, share and disclose your Personal Information (as defined below) on our Platform (“Privacy Policy”). You can view our Platform terms and conditions at https://fallbackai.com/terms ("Terms and Conditions") and contact us at cameron@fallbackai.com.

We are committed to protecting your privacy and respecting and upholding your rights under the applicable privacy laws (collectively, “Privacy Laws”). Depending on where you are located, this may include rights afforded to you under the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) and the General Data Protection Regulation (EU 2016/679) (“GDPR”). We will take all necessary and reasonable steps to comply with the relevant Privacy Laws and to deal with inquiries or complaints from individuals about our compliance with the relevant Privacy Laws.

By accessing and using our Platform, products and services, you freely and expressly consent to the collection, use, processing, storage and disclosure of Personal Information by us as set out in this Privacy Policy.

1. Information we may collect from you

Personal information is any information relating to an identified or identifiable natural person (“Personal Information”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

We may collect the following types of Personal Information from you:

• your name;
• your email address;
• your address;
• your telephone number;
• your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the Platform, ad data, IP address and standard web log information;
• details of the products and services you have purchased from us or enquired about through the Platform, including any additional information necessary to deliver those products and services and respond to your enquiries;
• details of the products and services you have purchased from us or enquired about through the Platform, including any additional information necessary to deliver those products and services and respond to your enquiries;
• information collected through any online payment system that is used to process payments on the Platform, including but not limited to bank account details or credit or debit card information and information collected through Stripe;
• any additional information relating to you that you provide to us either directly through our Platform or indirectly through your use of the Platform, your online presence or other websites or accounts from which you permit us to collect information; and
• any other Personal Information that may be required for us to provide our products and services to you.

Personal Information will be collected from you for the purposes outlined below.

2. How we collect your information

We will collect Personal Information only by lawful and fair means, and not in an unreasonably intrusive way. Generally, we will collect Personal Information directly from you, only to the extent necessary to provide our services to you, to carry out our administrative functions or as required by a relevant Privacy Law.

We may collect Personal Information directly from you when you:

• enter a draw for the randomly generated opportunity to buy a product displayed on the Platform (“Draw”);
• fill in an application form;
• communicate with us;
• visit, use, create an account on or make payment on our Platform;
• provide us with feedback;
• complete online surveys; or
• participate in competitions.

We may collect Personal Information about you indirectly from our business partners or other third parties and in respect of which you have given the third-party permission to share with us.

We will not collect sensitive personal information (as defined under the relevant Privacy Laws) from you. We ask that you do not send us, or do not disclose, any sensitive personally identifiable information (such as information related to racial or ethnic origin, religion or other beliefs, health, criminal background or trade union membership) on or through the Platform or otherwise. If, contrary to this request, you do provide any sensitive personal information, in doing so you consent to us collecting and handling that information in accordance with this Privacy Policy.

If you use a pseudonym when dealing with us or you do not provide identifiable information to us, we may not be able to provide you with any or all of our services as requested. If you wish to remain anonymous when you use our Platform, do not sign into it or provide any information that might identify you.

You must provide accurate, up to date and complete Personal Information at the time it is collected.

3. Information about children under 18

Our Platform is not intended for users under the age of 18. We acknowledge that the definition of a “minor” changes between jurisdictions. In any event, we do not knowingly seek or collect Personal Information from any individual below the age of 18 years.

You must not knowingly provide us with Personal Information of Your Recipients who are below the age of 18 years.

4. What is our legal basis?

We may collect, use, process, store and share your personal data:

• where it is necessary to provide you with access to, or use of, the Platform and any products and services;
• for our legitimate interests to provide, operate and improve our products, services or Platform;
• where you have freely and expressly consented to the processing of your Personal Information by us, which you may withdraw at any time; or
• where we are under a legal obligation to process your Personal Information.

5. How your information is used

We may use, process, store and share your Personal Information for the purposes for which the information is collected, or for a directly related purpose, including (but not limited to):

• providing our Platform, products and services to you;
• conducting Draws;
• administering, protecting, improving or optimising our Platform, products and services (including performing data analytics, conducting research and for advertising and marketing purposes);
• creating industry reports from de-identified data;
• verifying your age;
• billing you for purchasing our products or services;
• informing you about our Platform, Draws, products, services, rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
• responding to any inquiries or comments that you submit to us;
• verifying your identity;
• any other purpose you have consented to; and
• any use which is required or authorised by a relevant Privacy Law.

6. Disclosure of Personal Information

We may disclose your Personal Information to:

• any party which you contact via the Platform;
• third parties we ordinarily engage from time to time to perform functions on our behalf for any of the purposes set out in clause 5;
• any person or entity to whom you have expressly consented to us disclosing your Personal Information to;
• our external business advisors, auditors, lawyers, insurers and financiers;
• our payment processing or banking service provider, including but not limited Stripe; and
• any person or entity to whom we are required or authorised to disclose your Personal Information in accordance with the relevant Privacy Laws.

We may disclose your Personal Information to third party recipients located in or outside of the European Economic Area and Australia in order to provide our services or products to you. As at the date of this Privacy Policy, such third-party recipients (“Recipients”) may be located in countries including the US, Japan, Australia and other countries whose laws may not be recognised by the EU Commission as providing an adequate level of protection to Personal Information.

By using the Platform or entering into a transaction with us, you expressly and freely consent to your Personal Information being disclosed or transferred to such Recipients. We will take steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. We will use reasonable endeavours to ensure that each Recipient receiving your Personal Information is bound by the relevant Privacy Laws (including the standard contractual clauses approved by the European Commission, which is available at https://ec.europa.eu/info/law/law-topic/data-protection_en).

If we no longer need your Personal Information for any of the purposes set out in this Privacy Policy, or as otherwise required by the relevant Privacy Laws, we will take such steps as are reasonable in the circumstances to destroy your Personal Information or to de-identify it.

7. Direct marketing

Where we:

• have your express consent (which you may withdraw at any time by contacting us in writing at cameron@fallbackai.com);
• have a legal basis; or
• are otherwise permitted by relevant Privacy Laws,

we may use and process your Personal Information to send you information about products and services that we believe are suited to you and your interests or to invite you to attend special events.

We will not provide send information about products or services to Your Recipients.

At any time, you may opt out of receiving direct marketing communications from us. Unless you opt out, your consent to receive direct marketing communications from us and to the handling of your Personal Information as detailed above will continue. You can opt out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting us in writing at cameron@fallbackai.com.

8. Cookies

We use cookies, web beacons and similar technologies (collectively “Cookies”) on our Platform. Cookies are small files that can be stored on and accessed from a user’s device when the user accesses a Platform. They enable authorised web servers to recognise you across different Platforms, services, devices and browsing sessions.

By accessing or using the Platform, you agree that we can store and access Cookies in accordance with this Privacy Policy.

We may use Cookies to enable users to access and use our Platform and services, including to:

• Identify users of our Platform and services;
• Process user requests;
• Improve user experience;
• Remember user preferences and activity on our Platform;
• Monitor the use of our Platform and for analysis of our user base;
• Facilitate communication with users;
• Control access to certain content on our Platform; and
• Protect our Platform.

The data collected through Cookies will not be kept for longer than is necessary to fulfil the purposes mentioned above.

We will handle any Personal Information collected by Cookies in the same way that we handle all other Personal Information.

You can delete and refuse to accept browser Cookies by activating or de-activating the appropriate setting on your browser. However, if you refuse to accept browser Cookies, you may be unable to access certain parts of the Platform and our products and services.

Unless you have adjusted your browser setting so that it will refuse Cookies, our system will issue Cookies when you direct your browser to our Platform.

9. FallbackAI Platform

When transmitting Personal Information from your computer to our Platform, you must keep in mind that the transmission of information over the internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, we will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.

10. Data Storage

We may hold your Personal Information in various formats, including in electronic or hard copy. We take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. We also use a number of physical, administrative, personnel and technical measures to protect your Personal Information. For example, user authentication is handled via Firebase Authentication and your Personal Information is stored primarily using Google Cloud Storage for Firebase, which is SOC 2 Type II and ISO 270001 certified. Further, payments are processed via Stripe, which is a certified Payment Card Industry (“PCI”) Level 1 Service Provider as at the date of this privacy policy.

However, we cannot guarantee the security of any Personal Information transmitted over the internet and therefore you disclose information and Personal Information to us at your own risk. We will not be liable for any unauthorised access, modification, loss or disclosure, or misuse of, your Personal Information.

11. Data Controller and Recipient Data

We are a data controller for the purposes of the GDPR in relation to your Personal Information that you share with us. We ensure that we will take all necessary and reasonable steps to comply with the relevant Privacy Laws and to deal with inquiries or complaints from individuals about compliance with the relevant Privacy Laws.

Where you provide us with the Personal Information of Your Recipients, you will be deemed by us to be the data controller for each of Your Recipients and we will be a data processor for the purposes of the GDPR. We agree that we will only process such data on your behalf and in accordance with your reasonable instruction (which is also subject to our Terms and Conditions). You are solely responsible for meeting any and all legal requirements applicable to data controllers (including obtaining the necessary permissions and establishing any required legal bases for processing Your Recipient data through the use of our services and products).

Specifically, you are exclusively required to:

• respond to any data subject rights requests concerning the data you control;
• be responsible for the security and integrity of the Personal Information of each of Your Recipients;
• obtaining any consent; and
• providing fair processing notices to Your Recipients as required for the collection and use of their Personal Information.

12. Access to information

Under the GDPR, if you are an individual residing in the European Union, you have enhanced privacy rights, including the right to:

• require us to correct any Personal Information held about you that is inaccurate or incomplete;
• require the deletion of Personal Information concerning you in certain situations;
• data portability for Personal Information you provide to us;
• object or withdraw your consent at any time to the processing of your Personal Information;
• object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you;
• otherwise restrict our processing of your Personal Information in certain circumstances.

Subject to some exceptions provided by the relevant Privacy Laws and to the extent contemplated by the Privacy Laws applicable to you, you may request access to your Personal Information in our customer account database, or seek correction of it, by contacting us at cameron@fallbackai.com.

For more information, please see section 1. Should we decline you access to your Personal Information, we will provide a written explanation setting out our reasons for doing so.

We may charge a reasonable fee that is not excessive to cover the charges of retrieving your Personal Information from our customer account database. We will not charge you for making the request.

If you believe that we hold Personal Information about you that is not accurate, complete or up-to-date then you may request that your Personal Information be amended. We will respond to your request to correct your Personal Information within a reasonable timeframe and you will not be charged a fee for correcting your Personal Information.

13. Retention

We retain your Personal Information for as long as it is necessary for any of the purposes set out in this Privacy Policy, or as otherwise required to fulfil a legal obligation.

Generally, we may retain your Personal Information for:

• up to a month in order to enable your account(s) to be re-opened within a month after closure or deletion and/or to enable users to obtain a copy of their data; and
• up to 7 years after your account is closed or deleted in order to satisfy any billing or tax-related obligations.

If we no longer need your personal data for any of the purposes set out in this Privacy Policy, or as required to fulfil a legal obligation, we will take such steps as are reasonable in the circumstances to destroy your personal data or to de-identify it.

14. Third Party Sites

The Platform may contain links to other third-party websites including social media networks. This Privacy Policy applies solely to information collected by us on our Platform.

15. Notices and Revisions

We reserve the right to modify this Privacy Policy in whole or in part from time to time without notice. Non-material changes and clarifications will take immediate effect, and material changes will take effect 30 days after the posting of the amended Privacy Policy on the Platform.

16. Enforcement

We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personally identifiable information that cannot be resolved between us and the individual.

17. Contact Information

If you require further information regarding our Privacy Policy or wish to make a privacy complaint, please contact us in writing at cameron@fallbackai.com.

If you are not satisfied with our response to your complaint, you have the right to contact the Office of Australian Information Commissioner (www.oaic.gov.au) to lodge a complaint.

This Privacy Policy was last updated on 29/08/2023