Last updated: 8 March 2021
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
● You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
● Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ESC OPERATIONS PTY LTD, 13 Harrier Cres, Peregian Springs QLD 4573, trading as Upstreet. For the purpose of the GDPR, the Company is the Data Controller.
● Application means the software program provided by the Company downloaded by You on any electronic device, named Upstreet
● Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
● Account means a unique account created for You to access our Service or parts of our Service.
● Website means Upstreet’s website, accessible from http://www.upstreet.co
● Service means the Application or the Website or both.
● Country means New South Wales, Australia
● Service Provider means any natural or legal person who processes the Personal Information on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
For the purpose of the GDPR, Service Providers are considered Data Processors.
● Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
● Facebook Fan Page is a public profile named Upstreet specifically created by the Company on the Facebook social network, accessible from https://www.facebook.com/upstreet.co/
● Payment Card is eligible debit or credit card Visa or Mastercard. Not all debit and credit cards are eligible to be linked to your Account. All determinations as to whether a card is eligible to be a Payment Card are at our sole discretion. Certain Mastercard and Visa cards are not eligible to be linked to your Account, including, but not limited to, the following: prepaid cards, corporate cards, purchasing cards, Visa giftcards, store cards which can only be used at their respective retailers' stores, government administered prepaid cards (including Medicare and healthcare cards and cards that are not processed through the Visa payment system or the Mastercard payment system. In order to be eligible as a Payment Card, it must be issued by an Australian Financial Institution.
● Payment Card Network the payment network of VISA and Mastercard
● Personal Information means any information or opinion about an identified individual or a reasonably identifiable individual.For the purposes for GDPR, a reference to Personal Information in this policy is deemed to be a reference to Personal Data and means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
For the purposes of the CCPA, Personal Information means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
● Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
● Device means any device that can access the Service such as a computer, a smartphone or a digital tablet.
● Usage Data means data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
● Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Information.
● Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
● Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' Personal Information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
● Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
● Sale, for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's Personal Information to another business or a third party for monetary or other valuable consideration.
While registering for or using Our Service, We may ask You to provide Us with certain Personal Information that can be used to contact or identify You or to open an account for you. This Personal Information may include, but is not limited to:
● Email address
● First name and last name
● Phone number
● Address, State, Province, ZIP/Postal code, City
● Bank Account (BSB, Account number)
● Card number, Expiry data and bank institution
● Driver license and other identification documents
● Usage Data
We collect Usage Data automatically when You use the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information Collected while Using the Application
While You are using Our Application, in order to provide features of Our Application, We may collect, with your prior permission:
● Information regarding your location
● Pictures and other information from your Device's camera and photo library.
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it be simply stored on Your device.
You can enable or disable access to this information at any time, through Your Device settings.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
● Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
● Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
● Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
● Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
The Company may use Personal Information for the following purposes:
● To provide and maintain our Service, including to monitor the usage of our Service.
● To manage Your Account: to manage Your registration as a user of the Service. The Personal Information You provide can give You access to different functionalities of the Service that are available to You as a registered user.
● For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
● To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
● To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
● To manage Your requests: To attend and manage Your requests to Us.
We may share your Personal Information in the following situations:
● With Service Providers: We may share Your Personal Information with Service Providers to monitor and analyze the use of our Service, to contact You.
● With Business partners: We may share Your Personal Information with Our business partners to offer You certain products, services or promotions.
● With other users: when You share Personal Information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
● Law enforcement: Under certain circumstances, the Company may be required to disclose Your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
● Other legal requirements: The Company may disclose Your Personal Information in the good faith belief that such action is necessary to:
Comply with a legal obligation
– Protect and defend the rights or property of the Company
– Prevent or investigate possible wrongdoing in connection with the Service
– Protect the personal safety of Users of the Service or the public
– Protect against legal liability
Your information, including Personal Information, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located, which may include the USA. It means that this information may be transferred to and maintained on computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
The security of Your Personal Information is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Information, We cannot guarantee its absolute security.
Service Providers have access to Your Personal Information only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service providers to monitor and analyze the use of our Service.
● Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Firebase is an analytics service provided by Google Inc.
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
For more information on what type of information Firebase collects, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
We may use Your Personal Information to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
We may use third-party Service Providers to provide better improvement of our Service.
● Invisible reCAPTCHA
We use an invisible captcha service named reCAPTCHA. reCAPTCHA is operated by Google.
The reCAPTCHA service may collect information from You and from Your Device for security purposes.
● Google Places
Google Places is a service that returns information about places using HTTP requests. It is operated by Google.
Google Places service may collect information from You and from Your Device for security purposes.
Under the Privacy Act 1988 (Australia), You have the right to ask for access to Personal Information that we hold about You, and ask that we correct that Personal Information. You can ask for access or correction by contacting us and we must respond within 30 days. If you ask, we must give you access to your Personal Information, and take reasonable steps to correct it if we consider it is incorrect, unless there is a law that allows or requires us not to.
If You wish to complain to us about how we have handled Your Personal Information You should complain in writing. If You need help lodging a complaint, You can contact us at the details set out below.
If we receive a complaint from You about how we have handled Your Personal Information we will determine what (if any) action we should take to resolve the complaint.
We will tell You promptly that we have received Your complaint and then respond to the complaint within 30 days.
Our handling of Your complaint does not stop You notifying the Office of the Australian Information Commissioner of the complaint.
We may process Personal Information under the following conditions:
● Consent: You have given Your consent for processing Personal Information for one or more specific purposes.
● Performance of a contract: Provision of Personal Information is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
● Legal obligations: Processing Personal Information is necessary for compliance with a legal obligation to which the Company is subject.
● Vital interests: Processing Personal Information is necessary in order to protect Your vital interests or of another natural person.
● Public interests: Processing Personal Information is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
● Legitimate interests: Processing Personal Information is necessary for the purposes of the legitimate interests pursued by the Company.In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
The Company undertakes to respect the confidentiality of Your Personal Information and to guarantee You can exercise Your rights.
● Request access to Your Personal Information. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Information directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Information We hold about You.
● Request correction of the Personal Information that We hold about You. You have the right to to have any incomplete or inaccurate information We hold about You corrected.
● Object to processing of Your Personal Information. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Information on this ground. You also have the right to object where We are processing Your Personal Information for direct marketing purposes.
● Request erasure of Your Personal Information. You have the right to ask Us to delete or remove Personal Information when there is no good reason for Us to continue processing it.
● Request the transfer of Your Personal Information. We will provide to You, or to a third-party You have chosen, Your Personal Information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
● Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Information. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Information. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
The Company is the Data Controller of Your Personal Data collected while using the Service. As operator of the Facebook Fan Page (https://www.facebook.com/upstreet.co/), the Company and the operator of the social network Facebook are Joint Controllers.
The Company has entered into agreements with Facebook that define the terms for use of the Facebook Fan Page, among other things. These terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php
We use the Facebook Insights function in connection with the operation of the Facebook Fan Page and on the basis of the GDPR, in order to obtain anonymized statistical data about Our users.
For this purpose, Facebook places a Cookie on the device of the user visiting Our Facebook Fan Page. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.
Facebook receives, records and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Fan Page and services by other companies that use Facebook services.
● The right to notice. You must be properly notified which categories of Personal Information are being collected and the purposes for which the Personal Information is being used.
● The right to access / the right to request. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Information that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party's direct marketing purposes.
● The right to say no to the sale of Personal Information. You also have the right to ask the Company not to sell Your Personal Information to third parties. You can submit such a request by visiting our "Do Not Sell My Personal Information" section or web page.
● The right to know about Your Personal Information. You have the right to request and obtain from the Company information regarding the disclosure of the following:
○ The categories of Personal Information collected
○ The sources from which the Personal Information was collected
○ The business or commercial purpose for collecting or selling the Personal Information
○ Categories of third parties with whom We share Personal Information
○ The specific pieces of Personal Information we collected about You
● The right to delete Personal Information. You also have the right to request the deletion of Your Personal Information that have been collected in the past 12 months.
● The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer's rights, including by:
○ Denying goods or services to You
○ Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
○ Providing a different level or quality of goods or services to You
○ Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.
In order to exercise any of Your rights under the CCPA, and if you are a California resident, You can email or call us or visit our "Do Not Sell My Personal Information" section or web page.
The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.
We do not sell Personal Information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that "sells" Personal Information as defined by the CCPA law.
If you wish to opt out of the use of your Personal Information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that you use.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
● From Our "Cookie Consent" notice banner
● Or from Our "CCPA Opt-out" notice banner
● Or from Our "Do Not Sell My Personal Information" notice banner
● Or from Our "Do Not Sell My Personal Information" link
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
● "Opt out of Interest-Based Ads" or "Opt out of Ads Personalization" on Android devices
● "Limit Ad Tracking" on iOS devices
You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device.
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Information, please contact Us. If We become aware that We have collected Personal Information from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Information with third parties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
● By email: email@example.com
● By visiting this page on our website: https://upstreet.co/
● By phone number: 1300 004 256
The information in this website is prepared by ESC Operations Pty Ltd (ACN 635 424 538, AR 1283 677), who is an authorised representative of Cache Investment Management Pty Ltd (ACN 624 306 430 AFSL 514 360) (Cache). Any financial products described in this post will be issued by Melbourne Securities Corporation Limited (ACN160 326 545, AFSL 428 289), as disclosed in the relevant product disclosure statement. All information is general information only and does not take into account your personal circumstances, financial situation or needs. Before making a financial decision, you should read the relevant Product Disclosure Statement and Target Market Determination and consider whether the product is right for you and whether you should obtain advice from a professional financial adviser.