Rememba Pty Ltd (ACN 666 119 759), doing business as ‘Memwa’ (“we,” “our,” or “us”), is committed to protecting your privacy. In this Privacy Policy we explain how we collect, store, safeguard, use and disclose personal information.

​

This Privacy Policy applies to the Memwa iOS and Android applications, the Memwa website, the Memwa Partner Platform at partner.memwa.com and all other online platforms over which Memwa is made available (together referred to as the “App” in this Privacy Policy). 

​

We have drafted this Privacy Policy to provide you with complete transparency as our collection, storage, use, and disclosure of your personal information for the purpose of providing the App to you.   By using the App, you hereby consent to our Privacy Policy and agree to its terms. If you do not agree to this Privacy Policy, you should not engage with the App. 

​

We are an Australian-incorporated company and have therefore adopted the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (the “Privacy Act”). The Australian Privacy Principles govern the way in which we collect, store, safeguard, use and disclose your personal information.  A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner.  

​

We also comply with the European General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”) and other applicable international privacy laws.  Please see further information regarding the GDPR, CCPA and our compliance with the applicable requirements below.

​

In this Privacy Policy, when we refer to ‘personal data’ or ‘personal information’, the definitions of those terms in the Privacy Act, GDPR and CCPA apply, which in summary extends to any information or data that directly, indirectly, or in connection with other information allows for the identification or identifiability of an individual.

 

What personal information do we collect?

 

The primary types of personal information we collect via the App include:

 

• names;

• email addresses; 

• profile pictures (from Apple or Google); and

• any personal information contained in the content you upload to the App in the creation of a recorded memory (“Memory”), including photos and videos, metadata associated with that content and user-generated stories.

 

How is personal information shared within the App?

 

When you invite another user to view or collaborate on a Memory, that other user can see all of the content in the Memory. If the user is a ‘Collaborator’, they can add, edit and/or delete any content in the Memory. If the user is an ‘Owner’, they can delete Memories and change the access permissions for Memories. If an Owner removes access permissions, the Memory will no longer be accessible for the user who has been removed (however, if they have duplicated the Memory with permission, they will retain access to the duplicate).

A user with Collaborator or Owner permission may create a duplicate of a Memory for their own use with approval of the Owner.  Once the duplicate is created, the duplicate is a separate Memory. 

 

You retain authorship control over the content that you upload or create. If you delete or edit a content unit, the change is reflected wherever that content is used in the App (even if it is used by another user). If your access to a Memory is removed either by your action or that of another user, your content will no longer appear in that Memory.

 

In addition to the purposes for collection of personal information outlined above, we may use your personal information in one or more of the following ways:

 

• to personalise your experience within the App;

• to improve the App;

• to process transactions; and

• for marketing and promotional purposes, subject to your opt-in to email marketing (and ongoing ability to opt-out of such marketing).  We do not send unsolicited commercial emails.

 

Do we share the information we collect with third parties?

 

We may engage trusted third party service providers to perform functions and provide services to us, for example to AWS for hosting services.  We may share your personal information with third parties to enable them to perform their services under their terms of engagement with us.

We may share personal information with third parties for analytics purposes such as web analytics partners and application developers. 

 

We may also disclose personal and non-personal information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate in order to respond to claims, legal process (including subpoenas), to protect our rights and interests or those of a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.

​

How long do we keep your information?

 

We keep your information only so long as we need it to provide the App to you and fulfill the purposes described in this Privacy Policy. This is also the case for anyone that we share your information with and who carries out services on our behalf. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we will either remove it from our systems or depersonalise it so that we can't identify you.

​

Could my information be transferred to other countries?

 

Information collected via the App may be transferred to our trusted service providers located throughout the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. To the fullest extent allowed by applicable law, by using any of the above, you voluntarily consent to the trans-border transfer and hosting of such information.

​

Is the information collected through the App secure?

 

Your personal information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.  We take precautions to protect the security of your information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorised access, maintain data security, and correctly use your information. 

Sale of business

 

We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of our assets, or in the event that we discontinue our business or suffer an insolvency event, reorganisation or similar proceeding, provided that the third party agrees to adhere to the terms of this Privacy Policy.

​

Links 

 

This Privacy Policy applies only to the App and our services. The App may contain links to other online platforms not operated or controlled by us. We are not responsible for the content, accuracy or opinions expressed in such third party platforms.

​

Cookies

 

We may use "Cookies" within the App, generally for the purpose of enhancing its performance and functionality.  You may disable Cookies that are non-essential to use of the App, however this action may block our essential Cookies and prevent the App from functioning properly, and you may not be able to fully utilise all of its features and services. You should also be aware that you may also lose some saved information (e.g. saved login details, site preferences) if you disable Cookies.

Children's privacy

 

The App is not intended to be used by children. We do not knowingly collect personal information from anyone under the age of 13. If we become aware that we have collected personal information from anyone under the age of 13 without verification of parental consent, we will take steps to remove that information from Our servers.

​

Information about General Data Protection Regulation (GDPR)

 

The GDPR is an European Union (EU) privacy and data protection law that regulates how EU residents' data is protected by companies and enhances the control the EU residents have over their personal data.  The GDPR is relevant to any globally operating company and not just the EU-based businesses and EU residents. If you are located in the EU, our collection and use of your personal data is governed by the GDPR.   We confirm our compliance with the GDPR in the collection and use of EU-residents’ personal data.

The GDPR includes requirements such as:

 

• personal data collected must be processed in a fair, legal, and transparent way and should only be used in a way that a person would reasonably expect;

• personal data should only be collected to fulfil a specific purpose and it should only be used for that purpose. Organisations must specify why they need the personal data when they collect it;

• personal data should be held no longer than necessary to fulfil its purpose; and

• individuals covered by the GDPR have the right to access their own personal data, request a copy of their data, and request that their data be updated, deleted, restricted, or moved to another organisation.

 

California Residents

 

The California Consumer Privacy Act (CCPA) requires us to disclose categories of personal information we collect from residents of California and how we use that personal information, the categories of sources from whom we collect that information and the third parties with whom we share it, which we have explained above.

 

California residents may exercise the following rights under the CCPA:

 

• Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of personal information we collect, use, or share; (2) purposes for which categories of personal information are collected or used by us; (3) categories of sources from which we collect personal information; and (4) specific pieces of personal information we have collected about you.

• Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.

• Right to Delete. You may submit a verifiable request to close your account and we will delete personal information about you that we have collected.

• Request that a business that sells a consumer's personal data, not sell the consumer's personal data.  Please note that we do not sell the personal information of any of our users.

If you make a request, we have one month to respond to you. If you would like to exercise any of the rights above, please contact us.

​

Changes To Our Privacy Policy

 

We may make changes to this Privacy Policy so that they accurately reflect our operations and policies. Unless otherwise required by law, we will notify you before we make changes to this Privacy Policy and give you an opportunity to review them before they go into effect.  Continued use of the App, direct engagement with us, or following the posting of changes to this Privacy Policy that do not significantly affect the use or disclosure of your personal information will mean that you accept those changes. If you do not want to agree to this or any updated Privacy Policy, you can discontinue using the App.

​

Governing Law

 

This Privacy Policy is governed by the laws of Victoria, Australia without regard to its conflict of laws provision. You consent to the exclusive jurisdiction of the courts of Victoria, Australia in connection with any action or dispute arising between the parties under or in connection with this Privacy Policy. 

​

Making a complaint

 

If you wish to complain about our handling of your personal information, you may lodge a complaint by contacting us {insert link to contact form  / contact email}.  We will investigate your complaint and provide a response within a reasonable period of time.  If you remain unhappy with the way we have handled your personal information or you are not satisfied with the way in which we have handled your complaint, you may lodge a complaint with the Office of the Australian Information Commissioner.

​

Contact Us

 

If you have any questions about this Privacy Policy, please do not hesitate to contact us.