TOUCO PRIVACY POLICY

1.1 The mobile application (Touco App) and the Services made available through the Touco App and our website (www.touco-app.com) (Site) is created, operated and controlled by REMCM Pty Ltd (ACN 682 492 253) (Touco, we, us or our).

1.2 Touco are committed to ensuring your Personal Information is protected. Touco manage your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

1.3 By accessing and using the Touco App and Services you agree to this Privacy Policy.

1.4 This Privacy Policy outlines how Touco collect, store, process, share, use and disclose your Personal Information, and how you may access your Personal Information kept by us or how you may make a privacy complaint.

1.5 For the purpose of this Privacy Policy:

1. (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.

2. (b) Services means the services made available through the Touco App that allows users to categorise and create different outfit and wardrobe combinations from photographs of their clothing which have been uploaded by the user onto the Touco App.

2.1 Touco will only collect and hold Personal Information and Non-Personal Information about you that is reasonably necessary to undertake its business activities and functions, deliver the Touco App and Services to you, or as otherwise permitted by law.

2.2 The type of Personal Information and Non-Personal Information that Touco collects and uses depends on the type of dealings that you have with Touco and includes the following:

1. (a) your email address;

2. (b) any photographs containing your image that you upload or post to the Touco App;

3. (c) information relating to enquiries you have made, with us, including information about the Touco App and the Services, or complaints or customer support requests you have raised with us about the Touco App or our Services;

4. (d) device information which is automatically collected from you when you visit and navigate through the Touco App 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 Touco App or Services, geolocation information, browser characteristics, device characteristics, operating system and language preferences, dates and times of visits to the Touco App and other usage statistics; and

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

2.3 We do not collect your Sensitive Information.

3.1 Direct collection from you

1. (a) We will collect Personal Information and non-Personal Information from you in a number of different ways. Whenever possible, Touco will collect Personal Information directly from you during the course of our dealings with you. For example:

   1. (i) when you download, access and use the Touco App (including, when you upload or post photographs on the Touco App;

   2. (ii) when you visit our Site or submit information through the Touco App (including on, or via, our related social media accounts), contact us via email or telephone, or complete any online forms or documents or when you enter or participate in competitions, promotions, events, sweepstakes, surveys and questionnaires;

   3. (iii) when otherwise legally authorised or required to do so; and

   4. (iv) from publicly available sources of information.

2. (b) When we collect Personal Information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection. As a collection notice is specific to a particular collection of Personal Information, it will provide more specific information about our information-handling practices than this Privacy Policy.

3. (c) By providing your Personal Information to us, you acknowledge that you are authorised to provide such information to us.

3.2 Collection from third parties

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

   1. (i) when you provide your Personal Information to our Authorised Affiliates or other third parties;

   2. (ii) if you use our social media sites;

   3. (iii) applications, pages or plugins; or

   4. (iv) third party products or services that interact with the Touco.

2. (b) When Touco collects your Personal Information from third parties, we shall take reasonable steps to make sure you are aware of the collection.

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

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

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

4. (d) 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.

4.1 Touco only use, process and disclose your Personal Information for the purposes for which it is collected.Touco only use, process and disclose your Personal Information for the purposes for which it is collected.

4.2 In particular, we use, process and disclose your Personal Information and Non-Personal Information to:

1. (a) provide or deliver the Touco App and the Services and our Site to you;

2. (b) informing you about the Touco App, the Services and any third party products and services or about offers, competitions, promotions, events, sweepstakes, surveys, questionnaires about us, the Touco App, the Services, our Site and/or any third party products and services or other matters which we believe are of interest to you (such as recruitment or job opportunities);

3. (c) manage, administer, improve, test, develop and upgrade the Touco App and the Services and our Site, informing you about scheduled maintenance or outages and managing our relationship with you or to otherwise investigate complaints about the Touco App and the Services;

4. (d) share with our Authorised Affiliates;

5. (e) for internal record keeping;

6. (f) for direct marketing purposes (see below);

7. (g) complying with our legal and regulatory obligations;

8. (h) for any purpose to which you have consented; and

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

4.3 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.

5.1 In order to provide or deliver the Touco App and the Services to you, we may disclose your Personal Information and Non-Personal Information to:

1. (a) our employees, related entities, business partners, third party contractors, suppliers and agents from time to time;

2. (b) 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, third party payment processors and financial and credit card institutions to process payments, hosting companies, web developers, internet service providers, customer service providers, customer support specialists, e-commerce platforms, 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

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

5.2 We may also disclose your Personal Information and Non-Personal Information:

1. (a) to any other party with your consent and direction;

2. (b) to law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law; or

3. (c) where we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.

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

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

6.1 In the course of providing you with access to, and use of, the Touco App and Services, it may become necessary or desirable to disclose Personal Information to Authorised Affiliates located overseas.

6.2 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, Touco will take reasonable steps to ensure that your Personal Information is treated securely, and the means of transfer provides adequate safeguards.

6.3 By accessing or using the Touco 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 Touco App.

7.1 Direct marketing

1. (a) Touco may use and disclose your Personal Information to send you information about the Touco App, the Services and third party products and 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.

2. (b) These communications may continue, even after you stop using the Touco App and the Services.

7.2 Communication channels

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

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

7.3 Opting-out

You can opt out of receiving these communications by:

1. (a) contacting us using the details below; or

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

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, Touco will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach scheme contained in Part IIIC of the Privacy Act.

9.1 Touco take steps reasonable in the circumstances to ensure that the Personal Information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.

9.2 Touco cannot guarantee the security of your data transmitted to or via the Touco App and any transmission is at your own risk.

9.3 Touco will destroy or de-identify Personal Information in circumstances where it is no longer required, unless Touco are otherwise required or authorised by law to retain the information.

10.1 Touco take steps reasonable in the circumstances to ensure Personal Information Touco hold is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your Personal Information that is collected and held by Touco.

10.2 If at any time you would like to access or correct the Personal Information Touco hold about you, or you would like more information about Touco’s approach to privacy, please contact Touco via the contact details set out in section 13 below. If Touco refuse your request to access or correct your Personal Information, Touco will provide you with written reasons for the refusal and details of complaint mechanisms.

11.1 Touco do not knowingly seek, collect or process Personal Information from or about persons under the age of 18 years of age (Child) without the consent of a parent or guardian.

11.2 If Touco become aware that any Personal Information relating to a Child has been provided without the consent of a parent or guardian, we will use reasonable endeavours to:

1. (a) delete the Personal Information from all relevant files as soon as possible; or

2. (b) ensure, where deletion is not possible, that the Personal Information is not used further for any purpose or disclosed further to any Authorised Affiliate.

11.3 Any parent or guardian with queries regarding our collection, use, processing or disclosure of Personal Information relating to their Child should contact us using the details below.

12.1 If you have any issues about this Privacy Policy or the way we handle your Personal Information, please contact us using the details below and provide full details of your complaint and any supporting documentation.

12.2 At all times, privacy complaints:

1. (a) will be treated seriously;

2. (b) will be dealt with promptly;

3. (c) will be dealt with in a confidential manner; and

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

12.3 Our Privacy Officer will endeavour to:

1. (a) respond to you within 10 business days; and

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

12.4 If you are dissatisfied with the outcome of your complaint, you may refer the complaint to Office of the Australian Information Commissione

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 email at support@toucoapp.com.

From time to time, it may be necessary for Touco to review and revise its Privacy Policy. Touco may notify you about changes to this Privacy Policy by posting an updated version on the Touco App. Touco encourage you to check the Touco App from time to time to ensure you are familiar with Touco’s latest Privacy Policy.