Momentum Executive Pty Limited as trustee for the Momentum Unit Trust ABN: 21 848 663 795 trading as Ubykate (we, us, our, or Ubykate) recognises and values the protection of your personal information.
RESIDENTS OF THE EUROPEAN ECONOMIC AREA
This is an Australian website that is subject to laws of Australia. However, if you’re a resident of any country that the General Data Protection Regulation (GDPR) applies to our activities, then please click here to learn about how we collect, share and use your personal information, and how you may exercise your privacy rights.
NON-RESIDENTS OF THE EUROPEAN ECONOMIC AREA
Information we collect and hold
From time to time, we may ask you to supply personal information such as your name, address, gender, date of birth, telephone number or e-mail address. However, under no circumstances will we request any information from you that may disclose your:
- political, religious or philosophical opinions, beliefs, associations or affiliations;
- racial or ethnic origin;
- membership of a trade union, or a professional or trade association; or
- criminal records.
We may also conduct surveys or market research and may seek other information from you on a periodic basis. These surveys will provide us with information that allows improvement in the types and quality of services offered to you, and the manner in which those services are offered to you.
Personal information via the Website
Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive. Cookies make using the Website easier by storing information about your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not identify you personally.
If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the Website.
Your option not to provide your personal information
We may from time to time run competitions or offer additional benefits to you and we may ask you to provide us with your personal details for these purposes. Providing us with this information is absolutely optional to you. However, if you do not provide your personal information to us we may not be able to contact you or give you access to the additional benefits.
You may opt out of these additional communications at any time. Please contact our Privacy Officer at email@example.com by post at PO Box 282, Willoughby, New South Wales, Australia 2068 or by telephone on (02) 9958 5100.
Use and disclosure of your personal information
When we hold your personal information it will be used for the following primary purposes:
- to ensure the proper functioning of the Website;
- to ensure the proper functioning of the Ubykate business and operations; and
- to assist Ubykate with our auditing, marketing, planning, billing, product development and research requirements.
We will not use or disclose (or permit the use or disclosure of) information that could be used to identify you in any circumstances except:
- to ensure the proper functioning of our organisation and the Website;
- to communicate promotional offers and special events to you;
- where the law requires us, or authorises us, or a company holding data on our behalf, to do so; or
- where you have given express consent to us for a prescribed purpose.
We will not sell, distribute, rent, licence, disclose, share or pass your personal information onto any third parties, other than those who are contracted to us to keep the information confidential whether subject to a statute or a scheme which imposes similar restrictions to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth), as amended, regarding the handling of personal information.
Should a third party approach us with a demand to access your personal information, we will take reasonable steps to redirect the third party to request the information directly from you, wherever it is lawful and reasonable for us to do so.
If we are compelled to disclose your personal information, to a third party we will take reasonable steps to notify you of this in advance, wherever it is lawful and reasonable for us to do so.
Security of personal information
In our organisation, personal information may be stored both electronically and in hard-copy form. We are committed to keeping your personal information secure regardless of the format in which we hold it and we take all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, you use the Website at your own risk and we accept no responsibility, whether we are deemed to have been negligent or not, in the event of a security that affects your privacy.
Note that no information transmitted over the Internet can be guaranteed to be completely secure. However, we will endeavour to protect your personal information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.
Accuracy and quality of personal information
We will take all such steps as are reasonable in the circumstances to ensure that:
- all information collected from you is kept accurate, up to date and complete; and
- the personal information that we use or disclose is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.
Access to your personal information
In most cases, you have the right to access the personal information that we hold about you. If you wish to access your personal information, please contact our Privacy Officer at firstname.lastname@example.org by post at PO Box 282, Willoughby, New South Wales, Australia 2068 or by telephone on (02) 9958 5100.
We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information which is not currently in use, may require further time before a response can be given.
We may charge you a reasonable fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
Whenever a fee will be applied, you will be notified of how that fee will be calculated, or where possible, the total amount that will be charged. You will then have the option to decide whether to proceed with your access request.
In some cases, we will refuse to give you access to personal information we hold about you. This includes, but is not limited to, circumstances where denying access is required or authorised by or under an Australian law or a court/tribunal order or where giving you access would be unlawful; have an unreasonable impact on other people's privacy; prejudice an investigation of unlawful activity; reveal our intentions in relation to negotiations with you so as to prejudice those negotiations; prejudice enforcement related activities conducted by, or on behalf of, an enforcement body; reveal evaluative information generated within the Ubykate business in connection with a commercially sensitive decision-making process.
We will also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. Further, we will refuse access where your request is frivolous or vexatious, and where we reasonably believe that: giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; unlawful activity, or misconduct of a serious nature, is being or may be engaged in against Ubykate and giving access would be likely to prejudice the taking of appropriate action in relation to that matter.
If we refuse to give you access we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of our refusal. Further, we will provide details of how you may make a complaint about our decision.
These mechanisms for accessing your personal information operate alongside, and do not replace, other informal or legal procedures by which you may be provided with access to your personal information.
Correction of your personal information
The accuracy of the personal information we have requested from you is important to us. Should you suspect, or become aware of, that your personal information we hold is inaccurate, out of date, incomplete or misleading, please contact our Privacy Officer at email@example.com by post at PO Box 282, Willoughby, New South Wales, Australia 2068 or by telephone on (02) 9958 5100.
We will deal with all requests for correction of personal information as quickly as possible. Requests relating to a large amount of information, or information which is not currently in use, may require further time before a response can be given.
If we refuse to change the personal information as you request, we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also provide details of how you may make a complaint about our decision. Further, in case of our refusal, you may request that we take reasonable steps to associate, with the relevant information, a statement that you view it as inaccurate, out of date, incomplete or misleading.
In the case we have corrected personal information about you, you may request that we take reasonable steps to give notice of the correction to any third party to which we have disclosed the inaccurate, out of date, incomplete or misleading personal information.
These mechanisms for correcting your personal information operate alongside, and do not replace, other informal or legal procedures by which you may be provided correction of your personal information.
Overseas transfer of personal information
We may transfer your personal information to overseas recipients. However, we will seek your consent prior to disclosing your information if the overseas recipient is not regulated in a way that equally reflects the Australian Privacy Principles. We will take reasonable steps to ensure an overseas recipient does not breach the requirements of the Privacy Act 1988 (Cth).
Concerns and complaints about breaches
If you have concerns about how we handle your personal information, it is important that you notify us as soon as possible, so that we can address your concerns appropriately as the circumstances require. Any concern or complaint should be made in writing. Please send it to our Privacy Officer at firstname.lastname@example.org by post at PO Box 383 Willoughby, New South Wales, Australia 2068 or by telephone on (02) 9958 5100 and we will respond as soon as reasonably possible. Alternatively you may contact the Office of the Australian Information Commissioner with your concern. Information about lodging a complaint is available on the Office of the Australian Information Commissioner’s website (see in particular: http://www.oaic.gov.au/privacy/privacy-complaints).
Disposal of personal information not required
If we hold personal information about you, and we do not need that information for any purpose for which the information may be used or disclosed, we will take reasonable steps to destroy or de-identify that information unless we are prevented from doing so by law.
Unsubscribing from our e-mail database
To unsubscribe from our e-mail database, please send us an e-mail to email@example.com with “UNSUBSCRIBE” typed into the subject line of the email.
For further information about privacy in general, please refer to the Office of the Australian Information Commissioner’s website located at http://www.oaic.gov.au.
Mobile Terms of Service Ubykate Last updated: May 16, 2022 The Ubykate mobile message service (the "Service") is operated by Ubykate (“Ubykate”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Ubykate’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Ubykate through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Ubykate. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to UbyKate or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Ubykate mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to UbyKate or email firstname.lastname@example.org. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code, or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.