FLIKSTA PRIVACY POLICY

1.Introduction

(a) Our social media and networking mobile application (Fliksta App), our website https://fliksta.com/ and the Services made available through the Fliksta App are created and controlled by Sims Management Holdings Pty Ltd (ACN 669 146 874) (Fliksta, our, us or we).

(b) Fliksta is committed to ensuring your Personal Information is protected. Fliksta manages your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

(c) By accessing and using the Fliksta App and the Services made available through the Fliksta App you agree to this Privacy Policy.

(d) This Privacy Policy outlines how Fliksta collects, stores, processes, shares, uses and discloses your Personal Information, and how you may access your Personal Information kept by us or how you may make a privacy complaint.

(e) For the purpose of this Privacy Policy:

(i) Parent Account Holder means an adult person, being a parent or legal guardian, who uses their Apple ID to download, install and access the Fliksta App to create a Parent Account on the Fliksta App;

(ii) Authorised User means a person under the age of 18 years, who has been authorised by a Parent Account Holder to access and use the Fliksta App and Services, whose details are set out in their User Profile;

(iii) Parent Account means the account on the Fliksta App created by a Parent Account Holder;

(iv) Services means the functions and features of the Fliksta App that allows Authorised Users to create, share and exchange information, ideas, pictures, images, videos and other data with other users of the Fliksta App in a child friendly environment; and

(v) User Profile means the account created by the Parent Account Holder for the Authorised User to access and use the Fliksta App and Services.

2. The information Fliksta collects about you

2.1.Personal Information

(a) Personal information has the same meaning that it has under the Privacy Act, namely, information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.

(b) Fliksta collects and uses Personal Information and Non-Personal Information from users of the Fliksta App and Services, and any other individual who interacts with us.

(c) Fliksta will only collect and hold Personal Information about you that is reasonably necessary to undertake our business activities and functions, make the Fliksta App available to you and deliver our Services to you, or as otherwise permitted by law.

(d) The type of Personal Information and Non-Personal Information that Fliksta collects and uses depends on the type of dealings that you have with Fliksta and includes the following:

(i) if you are an Authorised User, user profile and registration information (for example, full name, profile picture or image and account credentials

(such as your username and password));

(ii) if you are the Parent Account Holder, basic registration information about you (for example, your full name, email address, Apple ID, username and Parent Account credentials (such as your username and password);

(iii) information about the Authorised User’s connection to the Parent Account Holder and the consents and information that the Parent Account Holder provides to approve the User Profile and activities of an Authorised User on, or via, the Fliksta App;

(iv) any content, information, ideas, images, pictures and videos and other data that an Authorised User posts or receives on, or via the Fliksta App and who the Authorised User engages with on, or via the Fliksta App;

(v) information about the other users of the Fliksta App who Authorised Users connects with or follow on Fliksta App and how they interact with each other, such as the users they communicate with the most

(vi) marketing data and information relating to your dealings, or enquiries you have made, with us, including information about: (i) the Services you or your Authorised Users have accessed and used; (ii) the third party products and services you or your Authorised Users have used or enquired about; and (iii) what features or functions of the Fliksta App the Authorised Users and Parent Account Holders have used and how they have used such functions and features;

(vii) payment and billing information;

(viii) device information which is automatically collected from you when you visit and navigate through the Fliksta App, our website and use the Services. Such information may include, but is not limited to, your device type, your device’s network connections, unique device identifier, your device’s name, your device IP address, screen size and calibration, information about your device’s web browser and internet connection you use to access the Fliksta App, our website or our Services, geolocation information, browser characteristics, device characteristics, operating system and language preferences, dates and times of visits to the Fliksta App, our website and other usage statistics; and

(ix) other information that you provide to us or that we may collect in the course of our relationship with you.

2.2.Sensitive Information

(a) We do not intentionally collect your Sensitive Information (as defined by the Privacy Act). However, we may collect Sensitive Information from an Authorised User when they publish or post Sensitive Information on, or via, the Fliksta App or some of our services are automated and we may not recognise that you have accidentally provided us with Sensitive Information.

(b) If you have accidentally sent us Sensitive Information, either delete the Sensitive Information from the Fliksta App or please contact us to remove, delete or block the Sensitive Information using the details below.

2.3. Children

(a) We collect Personal Information from children (persons under the age of 18 years) when the Parent Account Holder creates a User Profile for a child and when a child otherwise accesses and uses the Fliksta App, and we only use and disclose Personal Information of a child to provide the Fliksta App and Services to the child or otherwise with the express consent of the Parent Account Holder (who is a parent/legal guardian of the child).

(b) To protect children who are Authorised Users, we have put safeguards in place, such as:

(i) placing restrictions on the ability of adults to access and use the Fliksta App (other than the Parent Account Holder);

(ii) only permitting children to access and use the Fliksta App with permission of the Parent Account Holder (including granting the Parent Account Holder the right to edit and delete a User Profile);

(iii) allowing the Parent Account Holder to monitor the use of the Fliksta App and Services by the child and to control who the child connects and communicates with using the Fliksta App, including allowing a Parent Account Holder to remove contacts/followers to prevent further communication with the child; and

(iv) allowing Parent Account Holders and Authorised Users to complain or report conduct to Fliksta (such as the posting of images or videos) that breaches the privacy rights of a child or otherwise contravenes the Fliksta App User Terms and Conditions.

(c) If any parent or legal guardian has queries regarding our collection, use, processing or disclosure of Personal Information relating to their child should contact us using the details below.

(d) If you do want your child to access and use the Fliksta App and the Services, you should not permit your child to download the Fliksta App and you should not create a User Profile for your child on the Fliksta App.

3. How Fliksta collects Personal Information

3.1. Direct collection from you

(a) We will collect Personal Information and Non-Personal Information about you in a number of different ways. We may collect Personal Information and Non-Personal Information directly from you or in the course of our dealings with you. For example

(i) if you are an Parent Account Holder, when you setup and create a Parent Account on the Fliksta App and when access and use the Fliksta App and Services;

(ii)if you are an Authorised User, when:

(A) the Parent Account Holder setups and creates a User Profile for you on the Fliksta App (including when the Parent Account Holder edits or update your User Profile on the Fliksta App or resets your password) and when the Authorised User accesses and uses the Fliksta App and Services;

(B) when you create, post, exchange and publish content, information, ideas, images, pictures and videos and other data on, or via the Fliksta App;

(C) when you visit our website or contact or correspond with us online (for example, when you complete online forms, or subscribe to our publications, alerts and newsletters), lodge a complaint about another user, request customer support services, contact us via email or telephone with a query or request or make a comment on our social media sites or you participate in a promotion, competition or survey; or

(D) from publicly available sources of information.

3.2. Collection from third parties

(a) We may also collect Personal Information about you from publicly available sources and third parties, including:

(i)when you provide your Personal Information to third parties (including to our related bodies corporate, business partners, service providers and third party contractors);

(ii) if you use:

(A) our social media sites or applications; or

(B) other third party products and services that interact with, or connect with, the Fliksta App and the Services;

(b) If you provide us with Personal Information about another individual (as their authorised representative), we rely on you to:

(i) inform them that you are providing their Personal Information to us; and

(ii) advise them that they can contact us for further information.

(c) You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this Privacy Policy, including that their Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to access that information, and who we are and how to contact us.

4. How Fliksta uses your Personal Information

4.1. Purposes of use and disclosure

(a) Fliksta only uses, processes and discloses your Personal Information and Non-Personal Information for the purposes for which it is collected

(b) In particular, Fliksta uses, processes and discloses your Personal Information to:

(i) provide you with access to, and use of, the Fliksta App and to provide the means through you can access and use Services offered, or made available through the Fliksta App;

(ii) manage, operate, maintain, test, develop, improve and upgrade the Fliksta App, systems and Services, or other products and services offered by us from time to time, informing you about scheduled maintenance or outages and managing our relationship with you or to otherwise investigate complaints about the Fliksta App and the Services;

(iii) notify you of opportunities we think you might be interested in, including new products or services offerings, information about the Fliksta App, and Services, offers, competitions, promotions, events and surveys;

(iv) to customise the advertising and content on our Fliksta App;

(v) to verify your identity;

(vi) to conduct fraud, risk reduction and creditworthiness checks;

(vii) to perform research and analysis about the Fliksta App and Services and for data analytics purposes, including usage patterns, trends, benchmarking and other statistical or behavioural data. Before we use your Personal Information for this purpose, we ensure Personal Information is made anonymous by removing data that can identify you;

(viii) charge and bill you to access and use the Fliksta App and Services;

(ix) for direct marketing purposes (see section 6 below);

(x) to comply with regulatory or other legal requirements,

(xi) for any purpose to which you have consented; and

(xii) for any other purpose notified to you at the time of collection.

(c) In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, without your consent or notice to you.

4.2.Disclosure to third parties

(a) With your consent, we may provide your Personal Information and Non-Personal Information to the following recipients:

(i) our employees, related entities, business partners, third party contractors, suppliers and agents from time to time for the purpose of delivering, providing and administering the Services (including customer support services), the Fliksta App, our promotions, deals and competitions;

(ii) third party service providers who process or use your Personal Information and Non-Personal Information for the purpose of performing functions on our behalf, but may not process or use such information for any other purpose. Examples of these third-party service providers include, but are not limited to, such as cloud-based accounting software platform; marketing and analysis organisations, financial and credit card institutions to process payments or and third party payment processors, cloud hosting companies, web developers, internet service providers, customer service providers, customer support specialists, fulfilment companies and research and data analysis firms, government agencies, public registries, search agencies, regulatory and licensing bodies, parties to whom you refer us (for example, previous employers and referees); and

(iii) external business advisors, such as auditors, lawyers, insurers and financiers, (collectively, Authorised Affiliates).

(b) When we disclose your Personal Information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.

(c) Our Authorised Affiliates may also provide us with Personal Information collected from you. If you disclose Personal Information to an Authorised Affiliate, we rely on you to provide the Authorised Affiliates with consent for us to collect, storage, use, process, alter and disclose your Personal Information.

(d) Fliksta may also disclose any Personal Information we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.

4.3.Overseas disclosure

(a) In the course of providing you with access to, and use of, the Fliksta App and Services, it may become necessary or desirable to disclose Personal Information to Authorised Affiliates located overseas. The countries in which these overseas recipients may be located will depend upon the individual circumstances. However, in the course of our ordinary business operations we commonly disclose Non-Personal Information to app and website developers based in Australia, the Philippines and Malaysia.

(b) The laws where these overseas recipients may be located provide various levels of protection for Personal Information which are not always equivalent to the level of protection that may be provided for in Australia. Where we transfer your Personal Information overseas, Fliksta will take reasonable steps to ensure that your Personal Information is treated securely, and the means of transfer provides adequate safeguards.

(c) By accessing or using the Fliksta App and Services, or providing your Personal Information to us, you explicitly and freely consent to the transfer of your Personal Information to our overseas Authorised Affiliates. If you do not wish to receive information from any of our Authorised Affiliates, please let us know using the details below. However, if you do not provide your Personal Information to us or our Authorised Affiliates, we may not be able to provide you with access to, and use of, the Fliksta App and Services.

4.4.Disclaimer

(a) Fliksta will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your written consent, unless:

(i) we are otherwise required by the relevant Privacy Act;

(ii) we are permitted to under this Privacy Policy; or

(iii) such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the Fliksta App.

(b) This Privacy Policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.

5. Notifiable Data Breaches Laws

In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, Fliksta will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach laws contained in the Privacy Act.

6. Marketing communications

6.1.Direct marketing

(a) Fliksta may use and disclose Personal Information of a Parent Account Holder to send the Parent Account Holder information about the Fliksta App and/or Services and any other products or services we may offer from time to time, as well as other information that may be of interest to you.

(b) Where we have obtained the Parent Account Holder’s prior consent or are otherwise permitted under the Privacy Act, we may, from time to time, use the Personal Information of an Authorised User to send them information about the promotions, deals, competitions, the Fliksta App and/or Services and any other products or services we may offer from time to time, and any other information that we consider may be relevant to the Authorised User.

6.2. Communication channels

(a) Fliksta may send this information to you via the communication channels specified at the time you provide your consent.

(b) These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying notices or advertising on the Fliksta App.

6.3. Opting-out

You can opt out of receiving these communications by:

(a) contacting us using the details below; or

(b) using the unsubscribe function in the email or SMS.

7. Storage and security

7.1.Protecting your Personal Information

(a) We take reasonable steps in the circumstances to keep your Personal Information and Non-Personal Information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your Personal Information.

(b) Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information and Non-Personal Information.

(c) Wherever possible, we procure that Authorised Affiliates who have access to your Personal Information and Non-Personal Information take reasonable steps to:

(i) protect and maintain the security of your Personal Information and Non-Personal Information; and

(ii) comply with the Australian Privacy Principles when accessing and using your Personal Information.

7.2. No guarantee

(a) The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information and Non-Personal Information, we cannot guarantee the security of any Personal Information and Non-Personal Information transmitted through the Fliksta App.

(b) You provide your Personal Information and Non-Personal Information to us at your own risk, and we are not responsible for any unauthorised access to, and disclosure of, your Personal Information and Non-Personal Information.

7.3. Destruction of Personal Information

We will destroy or de-identify Personal Information where it is no longer required, unless we are required or authorised by law to retain the information. However, Fliksta may retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws.

8. Accessing and correcting your Personal Information

(a) Fliksta shall use our reasonable endeavours to keep your Personal Information accurate, up-to-date and complete. You have the right to access any Personal Information we hold about you, subject to some exceptions under the Privacy Act.

(b) You can access, or request that we correct, your Personal Information by writing to us using the details below. Fliksta may require proof of identity. If we do not allow you to access any part of your Personal Information, we will tell you why in writing.

(c) We will not charge you for requesting access to your Personal Information but may charge you for our reasonable costs in supplying you with access to this information.

(d) We will endeavour to respond to your request for access or correction within 30 days from your request.

9. Cookies policy

9.1. Cookies

(a) Fliksta and our Authorised Affiliates may collect information by automated means when you access and use the Fliksta App by utilising features and technologies of your internet browser, including cookies and similar technologies. A cookie is a piece of data that enables us to track and target your preferences.

(b) The type of information we and our Authorised Affiliates collect may include statistical information, details of your operating system, location, your internet protocol (IP) address, the date and time of your visit, the pages you have accessed, the links which you have clicked and the type of browser that you were using and browser and login authentication status.

(i) enable us to identify you as a return user, make it easier for you to login to the Fliksta App and personalise and enhance your experience and use of the Fliksta App; and

(ii) help us improve our Service to you when you access the Fliksta App and to ensure that the Fliksta App remains easy to use and navigate.

(d) Most browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or warn you before accepting cookies.

(e) If you reject our cookies or similar technologies, you may still use the Fliksta App but may only have limited functionality of the Fliksta App.

(f) We may also use your IP address to analyse trends, administer the Fliksta App and other websites we operate, track traffic patterns and gather demographic information.

9.2. App Analytics

(a) Services that our website may use from time to time include Apple Analytics, which transmits website traffic data to Apple servers. Apple Analytics does not identify individual users or associate your IP address with any other data held by Apple. We use reports provided by Apple Analytics to help us understand traffic and usage on the Fliksta App. By using the Flicksta App, you consent to Apple processing your data in the manner described in Apple’s Privacy Policy (https://www.apple.com/legal/privacy/) and for the purposes set out in this Privacy Policy.

10.Privacy complaints

(a) If you have any issues about this Privacy Policy or the way Fliksta handles your Personal Information, please contact us using the details below and provide full details of your complaint and any supporting documentation.

(b) At all times, privacy complaints:

(i) will be treated seriously;

(ii) will be dealt with promptly;

(iii) will be dealt with in a confidential manner; and

(iv) will not affect your existing obligations or your commercial arrangements with us.

(i) respond to you within 10 business days; and

(v) investigate and attempt to resolve your concerns within 30 business days or any longer period necessary and notified to you by our Privacy Officer.

(d) If you are dissatisfied with the outcome of your complaint, you may refer the complaint to Office of the Australian Information Commissioner.

11.How to contact us

If you have any complaints or issues you wish to raise with us regarding the way we have handled your Personal Information, or would like to discuss any issues about our Privacy Policy, please contact us directly by:

(a) email at fliksta962@gmail.com or

(b) calling us on +61 413 111 466

12. Changes to this Privacy Policy

(a) From time to time, it may be necessary for us to review and revise our Privacy Policy. We may notify you about changes to this Privacy Policy by posting an updated version on the Fliksta App.

(b) We encourage you to check the Fliksta App from time to time to ensure you are familiar with our latest Privacy Policy.