Privacy Policy


Kapcher Pty Ltd (“Kapcher”) is committed to keeping your information safe and secure in accordance with the Privacy Act 1988 (Cth) (the “Privacy Act”) and the Australian Privacy Principles contained therein. By engaging Kapcher’s services, you are giving consent to Kapcher for the use of your private information in the manner set out in this Privacy Policy.


Collect Personal Information

Kapcher may collect and use the following kinds of information:

  1. information about your use of the website (including browser type; version and language; operating system; pages viewed while browsing the website; page access times; and referring website address); and
  2. information about your personal details (including name; phone contact details; address information; email; username; password; and payment information).

Information about your personal details may be collected from you in a variety of ways, including but not limited to: when you interact with Kapcher electronically or in person; when you access Kapcher’s website; and when Kapcher provides services to you.

Use and Disclosure of Personal Information

Kapcher may use your personal information to:

  1. enable your access to the website;
  2. track usage and measure traffic statistics of the website;
  3. supply to you the services that you purchase or request as a customer;
  4. contact you regarding your use of the services or services offered by Kapcher;
  5. contact you in relation to comments, complaints, enquiries or dispute resolution;
  6. collect payments from you;
  7. communicate with third party providers or associate parties with respect to the provision of the services; and
  8. send you marketing communications.

Kapcher will not disclose personal information about you, unless it is required, incidental or otherwise related to the primary purpose of providing services to you. However, Kapcher may disclose your personal information to its business partners who can assist them to provide services to you as a customer. Kapcher in its sole discretion, may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Security and Accuracy

It is important that you advise Kapcher of changes to your personal information that you have provided to Kapcher as it is essential that your personal information is accurate, complete, and up-to-date in order for Kapcher to provide services to you. Kapcher uses reasonable technical precautions and has implemented business processes to protect your personal information from misuse, loss, unauthorised access, modification and disclosure. However Kapcher is not liable for any unauthorised access to this information. Kapcher will take all reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes of providing our services to you and where Kapcher is not required to retain that information by law.

Access and Correction

As a potential customer, you are responsible to ensure that the information you provide to Kapcher is accurate, complete and up-to-date. By request, you may contact Kapcher and ask to know what sort of personal information is held about you, for what purposes, and how it is collected, held, used and disclosed. By request, you may access your personal information by contacting Kapcher at hello@kapcher.co. Kapcher reserves the right to charge a reasonable administration fee for this access. Kapcher in its sole discretion, may consider that there is a sound reason under the Privacy Act, Freedom Of Information Act or other relevant law to withhold personal information, or not make the requested changes.

Identifiers and Anonymity

Kapcher will not use unique identifiers (i.e. numbers or letters used to identify individuals uniquely) unless it is necessary to carry out its services to you efficiently.

Trans-border and Data Flow

Kapcher will transfer personal information to someone who is in a foreign country where:

  1. Kapcher reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Australian Privacy Principles;
  2. the individual consents to the transfer;
  3. the transfer is necessary for the performance of a contract between you and Kapcher, or for the implementation of pre-contractual measures taken in response to your request;
  4. the transfer is necessary for the conclusion or performance of a contract concluded in your interest between Kapcher and a third party;
  5. all of the following apply:
    1. the transfer is for your benefit;
    2. it is impracticable to obtain the your consent to that transfer; and
    3. if it were practicable to obtain such consent, you would be likely to give it; or
    4. Kapcher has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.

    Sensitive Information

    Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information. Sensitive information will be used by Kapcher only for the primary purpose for which it was obtained; for a secondary purpose that is directly related to the primary purpose; with your consent; or where required or authorised by law.

    Complaints

    As a valuable customer, if you have any complaints in relation to this Privacy Policy or privacy practice, please feel free to contact Kapcher at hello@kapcher.co.

    A complaint should identify whether it is about:

    1. the collection of personal information;
    2. the use of personal information;
    3. the disclosure of personal information;
    4. the security or storage of personal information;
    5. the accuracy of personal information;
    6. a refusal to give complaint access to or find out about their personal information; or
    7. a refusal to change or delete personal information.

    Kapcher values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, Kapcher will respond quickly to advise you of the outcome following its enquiring into the same. You will also be invited to respond to its outcome. If a response is received, Kapcher will assess it and advise if it has changed its view. If you are unsatisfied with the final outcome, Kapcher will advise further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.

    Miscellaneous

    No partnership or agency

    Nothing contained or implied in this Privacy Policy will create or constitute, or be deemed to create or constitute, a partnership between you and Kapcher. A party must not act, represent or hold itself out as having authority to act as the agent of the other party or in any way bind or commit the other parties to any obligation.

    Waivers

    In limited circumstances, Kapcher may allow you to waive application of this Privacy Policy. A waiver of this Privacy Policy must be in writing and signed by Kapcher. Kapcher anticipates that the waiver of this Privacy Policy would only be in exceptional circumstances, and Kapcher encourages that you consider the circumstances leading to the waiver request prior to submitting such a request.

    Governing Law & Jurisdiction

    This Privacy Policy is governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in connection with this Privacy Policy, you agree that the exclusive venue for resolving any dispute shall be Sydney, Australia.

    Variation to this Privacy Policy

    This Privacy Policy is available online via www.Kapcher.com by clicking the “Privacy Policy” link located at the bottom of the website. Kapcher reserves the right to modify or amend this Privacy Policy at any time and for any reason, without notification. Kapcher updates this Privacy Policy from time to time by posting a new version on its website. You shall be taken to agree to the Privacy Policy from the time the new policy is posted on its website.

    Questions? Please contact us at hello@kapcher.co