Privacy Policy

 

1. Overview

When you use Plann, you will inevitably share some information with us. Your privacy is important to us and we are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) (Privacy Act), which includes the Australian Privacy Principles (APPs) and any related privacy codes.

This Policy outlines how we collect, use, disclose and store your personal information and lets you know how you can access that information. This Policy applies to our obligations when handling information in Australia about Australian individuals.

Please read this Policy carefully and contact us using the details below if you have questions.

 

2. Consent

By providing personal information, you consent to us collecting, using, storing and disclosing your personal information in accordance with this Policy or as required or permitted by law. 

If you continue using our services, then we will treat your use as your consent to us handling your personal information in accordance with this Policy.

 

3. What kinds of personal information do we collect and hold?

The type of personal information we collect will depend on the circumstances of its collection and the nature of your dealings with us. This information may include, but is not limited to:

      • your name, address and contact details;
      • your Instagram account details; 
      • payment and transactional information;
      • your preferences and opinion about types of products and/or services;
      • your device ID, device type and information, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, Internet Protocol (IP) address and standard web log information;
      • information contained in any communications between you and us; and
      • any information about you that you provide through our services, including information you provide if you participate in a survey, promotion or competition.

If you are a prospective staff member, we may collect the following information: 

      • your name, address and contact details; 
      • your employment details and qualifications; and 
      • information you provide to us as part of the recruitment process. 

If you choose not to provide information as requested, it may not be practicable for us to service your needs. For example, it will not be possible for us to allow you to create an account if you want to remain anonymous or use a pseudonym. 

We sometimes receive unsolicited personal information. In circumstances where we receive unsolicited personal information we will usually destroy or de-identify the information as soon as practicable if it is lawful and reasonable to do so unless the unsolicited personal information is reasonably necessary for, or directly related to, our functions or activities.

 

4. Why do we collect your personal information?

We collect your personal information primarily to allow you to create and account and use the functionality of Plann. Collecting your personal information allows us to give you information about or provide you with our products and services.

Some ways we use your personal information are: 

      • to identify and interact with you;
      • for the purpose for which the personal information was originally collected;
      • to develop consumer insights so we can better understand your preferences and interests, personalise your experience and enhance the services you receive; 
      • to perform administrative and operational functions; 
      • to comply with any legal requirements, including any purpose authorised or required by an Australian law, court or tribunal; and 
      • for any other purpose for which you give your consent.

In relation to the personal information of prospective staff members and contractors, we collect personal information for purposes including to:

      • enable us to carry out our recruitment functions;
      • correspond with you, provide training and professional development;
      • fulfil the terms of any contractual relationship; and
      • ensure that you can perform your duties.

 

5. How we collect your personal information?

You give it to us

We collect personal information directly from you when you:

      • use our services;
      • set up an account with us;
      • interact or share personal information with us via our website, app and social media;
      • communicate with us; and
      • participate in one of our surveys, promotions or competitions.

We collect it 

We may also collect your personal information from third parties including: 

      • service providers;
      • marketing companies;
      • referrals who may have referred you to us; and
      • organisations with whom we have an agreement to share information for marketing purposes.

We will generally obtain consent from the owner of personal information to collect their personal information. Consent will usually be provided in writing; however, sometimes it may be provided orally or may be implied through a person’s conduct. We will endeavour to only ask for your personal information if it is reasonably necessary for the activities that you are seeking to be involved in.

 

6. Disclosing your personal information

We may disclose your personal information to the following third parties: 

      • to our business or commercial partners; 
      • to our professional advisers, dealers and agents;
      • third parties and contractors who provide services to us, including customer enquiries and support services, IT service providers, data storage, web-hosting, marketing and advertising organisations and payment processing service providers;
      • payment system operators and debt-recovery functions; 
      • third parties to collect and process data; and
      • any third parties authorised by you to receive information held by us.

We may also disclose your personal information if we are required, authorised or permitted by law.

We may send information to third parties that are located overseas. These third parties are located in Canada, India, Ireland, New Zealand, Philippines, Romania, United Kingdom and the United States, although this list may change from time to time. Disclosure is made to the extent that it is necessary to perform our functions or activities. 

 

7. Using your personal information for direct marketing

From time to time, and in support of our future development and growth, we or our business partners may use your personal information to contact you to promote and market our products and services. 

You can opt-out from being contacted for direct marketing purposes by contacting us at support@plannthat.com or by using the unsubscribe facility included in each direct marketing communication we send. Once we receive a request to opt out from receiving marketing information, we will stop sending such information within a reasonable amount of time.

 

8. Security

We take all reasonable steps to protect personal information under our control from misuse, interference and loss and from unauthorised access, modification or disclosure. We hold your personal information in electronic form, in secure databases operated by our third-party service providers. 

We protect the personal information we hold through encryption over SSL, firewalls and login password protocols, secure and access-controlled premises, monitoring staff access and auditing. 

While we take reasonable steps to ensure your personal information is protected from loss, misuse and unauthorised access, modification or disclosure, security measures over the internet can never be guaranteed. 

 

9. Accessing or correcting your personal information

If you would like to access your personal information, please contact us using the details below. In certain circumstances, we may not be able to give you access to your personal information in which case we will write to you to explain why we cannot comply with your request.

We try to ensure any personal information we hold about you is accurate, up-to-date, complete and relevant. If you believe the personal information, we hold about you should be updated, please contact us using the details below and we will take reasonable steps to ensure it is corrected if appropriate. 

 

10. Destroying or de-identifying personal information

We destroy personal information when we no longer need it, unless we are otherwise required or authorised by law to retain the information. 

 

11. Making a complaint

If you believe your privacy has been breached or you have a complaint about our handling of your personal information, please contact us using the details below.

We take privacy complaints seriously. If you make a complaint, we aim to respond within 5 business days to acknowledge your complaint. We will try to resolve your complaint within 30 days. When this is not reasonably possible, we will contact you within that time to let you know how long we will take to resolve your complaint.

We will investigate your complaint and write to you to explain our decision as soon as practicable.

If you are not satisfied with our decision, you can refer your complaint to the Office of the Australian Information Commissioner by phone on 1300 363 992 or online at www.oaic.gov.au. 

 

12. Changes

We may, from time to time, amend this Policy. Any changes to this Policy will be effective immediately upon the posting of the revised Policy on our website. By continuing to use the services following any changes, you will be deemed to have agreed to such changes.

 

13. Contact us

All questions or queries about this Policy and complaints should be directed to: 

Privacy Officer

LadyLaurence Pty Ltd (ACN 610 094 650)

Email: support@plannthat.com

Contact form:  https://www.plannthat.com/contact/ 

 

This Policy was last updated in March 2020.

GDPR Privacy Policy

 

1. Overview

Plann is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding personal information we collect from users of our services, including our app, website at plannthat.com, and all other services provided by Plann (Services).

Our primary privacy obligations are derived from Australian law. Our Privacy Policy, available on our website, sets out how we comply with these obligations. Sometimes, we also handle the information of EU citizens or share data with other organisations which do so or provide services to individuals located in the EU. To the extent that we do so, this GDPR Privacy Policy for EU General Data Protection Regulation applies.

The processing of Personal Information will always be in line with the Australian Privacy Principles contained in the Privacy Act 1998 (Cth) (Privacy Act), the General Data Protection Regulation (GDPR), and in accordance with country-specific data protection regulations applicable to Plann.

We have implemented a number of technical and organisational measures to ensure the most complete protection of Personal Information processed through the Services. 

2. User Consent

Where we rely on your consent as the lawful basis to process your data under the GDPR we will always ask for you to positively affirm your acceptance. By clicking to accept this Privacy Policy, you acknowledge and agree to be bound by this Privacy Policy.

We note that all contact or other data forms where consent is required to be given by you include no pre-checked checkboxes so that you are able to freely, affirmatively opt-in. We will also provide you with notice on the Services specifically detailing what it is that you are consenting to in clear and plain language as well ensuring that each matter that requires consent is clearly distinguishable.

For all areas of the Services where consent is given it is just as easily able to be withdrawn through the appropriate account settings on the Services.

If you believe that consent has not been given freely or in breach of the terms of this Privacy Policy, please contact us.

3. What Personal Information we collect 

We will only collect Personal Information from you if it is reasonably necessary for one or more of our functions or activities.

Personal Information means any information that allows someone to identify you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.

3.1 Information you provide to us

    • Account and User Content

You need to create an account with us to use some of our Services.

During your account registration and use of the Services, you may enter your details on the different forms or provide us with additional content.  

We may collect this Personal Information from you, such as your name, e-mail, phone number, password, and other relevant details when you register to use the Services. This data is used to enable us to identify and verify you and provide you with support, services, mailings, sales and marketing actions, and billings. Certain functionality of the Plann Services requires your Personal Information to function properly.

When you create or share content, or upload content such as photos, videos, comments, meta data (geographic tags) we may also collect this data. 

The legal basis for this processing is based on:

        • your consent through your voluntary submission of the form and agreeing to these terms;
        • the Personal Information being necessary for the performance of a contract to which you are a party; 
        • for carrying out pre-contractual measures; and/or
        • any other legitimate interests as detailed below.
    • Payment Data

When you subscribe to use the app, we (or our third-party service provider) will collect all information necessary to complete the transaction, including your name, credit card information, debit card information, billing information and/or PayPal information.

The Personal Information we collect will be the data that you input in any payment area on the Services.

The legal basis for this processing is based on:

        • your consent through your voluntary submission of the form and agreeing to these terms; 
        • the Personal Information being necessary for the performance of a contract to which you are a party including the payment of goods or services; and/or
        • any other legitimate interests as detailed below.

This Personal Information is needed to enable us to process your payment for the goods or services. 

    • Contact and Messaging Data

If you provide us feedback or contact us via e-mail, or other means including by phone call or by contracting with us, we will collect your name and e-mail address, as well as any other content included in the e-mail or conversation, in order to send you a reply. If you contact or message another user through our website, we will also collect this data. We will store and process your communications and information as needed. We may also collect contact information if you choose to upload, sync or import it from a device. 

The legal basis for this processing is based on:

        • either through your consent through your voluntary submission of the form and agreeing to these terms or by your voluntary submission of data to us in other means;
        • the Personal Information being necessary for the performance of a contract to which you are a party; 
        • for carrying out pre-contractual measures; and/or
        • any other legitimate interests as detailed below. 

By submitting a form or contacting us such Personal Information is transmitted on a voluntary basis and you consent to its collection.

    • Newsletter Subscription Data

When you use the Services, you may have the ability to subscribe to various newsletters or other forms. We may collect the data when you input your details for subscription purposes.

The Personal Information is processed for the purpose of informing you regularly by means of a newsletter or other offer form. The personal information collected during the subscription will only be used for marketing materials or for reasons made known on the form.

The legal basis for this processing is based on:

        • your consent through your voluntary submission of the form and agreeing to these terms; and/or
        • any other legitimate interests as detailed below.

By submitting the form and voluntarily providing us with your data, you are providing consent to the use of such data by us. For the purpose of revocation of consent there is a corresponding unsubscribe link found in each subscription email. Please review the consent section above in this Privacy Policy for how we deal with consent. Where we use your data for direct marketing, we will ensure that it is in compliance with relevant laws. Where you are a customer of ours, we may be required to send you emails for legitimate reasons including but not limited to billing, reminders and account verification.

We retain information on your behalf, such as domain names, URLs, time zone preferences, Service invoices, transactional history, messages and any other information that you store using your Account. 

We may also collect Personal Information at other points on our Services that state that Personal Information is being collected. In some circumstances, Personal Information is provided to us by third parties such as our related entities, service providers or other organisations conducting activities on your behalf. With your expressed consent, your Personal Information may be used and disclosed to us this way. The purposes as outlined above may include the processing of such Personal Information to the extent necessary for us to comply with a law, regulation or legal request or to protect the safety of any person or to prevent fraud.

3.2 Information we collect as you use our services 

    • Meta Data including Location Data

Our Services (including the app) allow you to add or may have metadata added to your content including hashtags (to mark keywords), geotags (to mark your location), comments or other data. This helps our Services and your content to be more searchable.

We use location data to help target and tailor the Services to your particular location and jurisdiction. With your consent we may also collect information about your precise location using methods including GPS, wireless networks, cell towers, Wi-Fi access points and other sensors.

    • Log Data

To make our Services more useful to you, our servers (which may be hosted by a third-party service provider) gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyse trends, to administer the Services, to learn about user behaviour regarding the Services, to improve our product and services, and to gather demographic information about our user base as a whole. Plann may use this information in our marketing and advertising services.

In some of our email messages, we use a “click-through URL” linked to content on our Services. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

    • Analytics

We use third party analytics tools, including FullStory, to collect information and report website trends. These tools collect some personal information and information sent by your device or our Services, including the web pages you visit, add-ons, and other information that assists us in improving the Services.

3.3 Information we collect from others

    • Data and content other people upload 

We may also collect information and communications that other people provide when they use our Services. This can include information about you such as when others send messages, documents and information to you. We may also collect your information if you are invited to participate in our Services this may include information such as your name, mailing address, phone number, email address, contact preferences and is used for the purpose of enabling us to provide our Services to you.

We will only collect information about you directly from you, except where it is unreasonable or impracticable to do so. 

4. How we use your Personal Information

4.1 Use of personal information

We will only use or disclose your personal information for the purposes for which we advised you we were collecting it for as noted in this Privacy Policy and including to: 

          • maintain your account and contact details;
          • remember information so you don’t have to re-enter it during your visit or the next time you visit the Service;
          • provide personalised content and information to you and others;
          • send marketing communication to you;
          • conduct our business, generate content and provide customer support and payment options (including updates and improvements);
          • administer contracts including to negotiate, execute and/or manage a contract with you; 
          • communicate with you;
          • provide you with access to protected areas of the website or other Services;
          • conduct surveys to determine use and satisfaction;
          • detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach our Terms and Conditions, this Privacy Policy or any other policy;
          • enforce our Terms and Conditions, this Privacy Policy or any other policy;
          • verify information for accuracy or completeness;
          • comply with our legal obligations;
          • monitor metrics;
          • combine or aggregate your personal information with information we collect from third parties and use it for the purposes set out in this Privacy Policy;
          • protect a person’s rights, property or safety;
          • process transactions to which you are a party;
          • resolve disputes and to identify, test and resolve problems;
          • improve our Services; and
          • any other purpose made known in this Privacy Policy or other policy.

We agree to not use or disclose this information for a secondary purpose unless you consent to us doing so, or another exception applies under applicable laws. 

For the purposes of the law, some information we hold about you may be considered ‘sensitive’ and therefore subject to greater protection. In the event that we hold sensitive information about you, we will only disclose or use that information with your consent or if another exception applies under applicable laws.

We will also use or disclose your personal information or sensitive information if we are required to do so by law or a court / tribunal order, or if we reasonably believe that the use or disclosure of the information is reasonably necessary for an enforcement related activity or on behalf of an enforcement body, in which case we will make a written note of the use or disclosure or another exception applies under relevant laws.

4.2 Creation of anonymous data

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. 

We may collect information regarding customer activities on our Services including the website. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and Services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

5. Disclosure of your Personal Information

We may disclose your Personal Information to third parties for the purposes contained in this Privacy Policy, including without limitation to: 

 

    • Service Providers

We may share your Personal Information with services providers to: 

            • provide you with the Services that we offer you including the website;
            • to conduct quality assurance testing; 
            • to facilitate creation of accounts;
            • to provide technical support; 
            • and/or to provide other services to Plann.

The service providers (and if necessary, data processors) include: 

            • information technology service providers such as web host providers and analytical providers;
            • mailing houses;
            • advertising partners;
            • market research organisations to enable them to measure the effectiveness of our advertising; and
            • specialist consultants.

These third party service providers are required not to use your Personal Information other than to provide the services requested by Plann. 

    • Affiliates and Acquisitions

We may share some or all of your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under a common control (Affiliates), in which case we will require our Affiliates to honour this Privacy Policy. In the event we are involved in a merger, acquisition or sale of assets we may disclose Personal Information collected by us to such entities that we propose to merge with or be acquired by and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy. This includes the disclosure of information to our clients where we act as a data processor.

    • Third parties including those you choose to share your data with

We may disclose your Personal Information to third parties to whom you expressly ask to us to send the Personal Information to or to third parties you choose to send your Personal Information to. 

We may also, with your consent or at your direction, disclose your personal information to your authorised representatives.

    • Other disclosures

Regardless of any choices you make regarding your Personal Information (as described below), Plann may disclose Personal Information if it believes in good faith that such disclosure is necessary:

              • in connection with any legal investigation;
              • to comply with relevant laws, regulations, enforceable governmental requests or to respond to subpoenas or warrants served on Plann;
              • to protect or defend the rights or property of Plann or users of the Services; 
              • to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms and Conditions; 
              • to protect the safety of any person or to protect the safety or integrity of our platform including for security reasons; 
              • detect, prevent or otherwise address fraud, security or technical issues.
              • We may share your Personal Information with such third parties subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your Personal Information only on our behalf and pursuant to our instructions.

We will take reasonable steps to ensure that anyone to whom we disclose your personal information respects the confidentiality of the information and abides by the GDPR or equivalent privacy laws.

We will not share, sell, rent or disclose your personal information in ways different from what is disclosed in this Privacy Policy.

Where we act as a data processor the client may also provide us with instructions with regards to disclosure.

 

6. If we can’t collect your data

If you do not provide us with the personal information described above, some or all of the following may happen:

    • we may not be able to provide the requested products or services to you, either to the same standard or at all;
    • we may not be able to run the competitions and promotions in a way that benefits you;
    • we may not be able to provide you with information about products and services that you may want; or
    • we may be unable to tailor the content of our Services to your preferences and your experience of our Services may not be as enjoyable or useful.

 

7. Cookies Policy

7.1 What are cookies?

A cookie is a small piece of text sent to your browser by a website that you visit. It helps the website to remember information about your visit, like your preferred language and other settings. That can make your next visit easier and the site more useful to you. Cookies play an important role. Without them, using the web would be a much more frustrating experience.

 

7.2 Use of cookies

Plann’s Services including websites, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behaviour, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. 

We treat information collected by cookies and other technologies as non-personal information. However, to the extent that IP addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

Plann and our partners also use cookies and other technologies to remember personal information when you use our Services. Our goal in these cases is to make your experience with Plann more convenient and personal. For example, knowing your first name lets us welcome you the next time you visit the Plann platform. Knowing someone using your computer or device has shopped for a certain product or used a particular service helps us make our advertising and email communications more relevant to your interests. And knowing your contact information, hardware identifiers, and information about your computer or device helps us personalize your operating system and provide you with better customer service.

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

7.3 How to manage cookies

Some people prefer not to allow cookies, which is why most browsers give you the ability to manage cookies to suit you. If you want to disable cookies and you’re using the Safari web browser, go to Safari preferences and then to the privacy pane to manage your preferences. For other browsers, check with your provider to find out how to disable cookies. Please note that certain features of the Plann Services may not be available once cookies are disabled.

 

8. Third party websites

When you click on a link to any other website or location, you will leave our website and go to another site and another entity may collect Personal Information or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on links to such outside websites.

 

9. Managing your Personal Information

Subject to the Privacy Act and the GDPR you may request to access the personal information we hold about you by contacting us. All requests for access will be processed within a reasonable time.

    • Accessing or rectifying your Personal Information

We may, if required, provide you with tools and account settings to access, correct, delete, or modify the Personal Information you provided to us. You can find out more about how to do this by contacting us. In the event that you are unable to access your Account to access or rectify your Personal Information, you may submit a request to us to correct, delete or modify your Personal Information and download the data for you.

    • Deletion

We keep data for as long as it is needed for our operations. If you deactivate and delete your Account, your data will no longer be visible on your Account. Please keep in mind that third parties may still retain copies of information you have made public through our Services.

If you wish to have us delete your data, please contact us. 

    • Object, restrict or withdraw consent

If you have an Account on the Services, including the website, you will be able to view and manage your privacy settings. Alternatively, if you do not have an Account, you may manually submit a request to us if you object to any Personal Information being stored, or if you wish to restrict or withdraw any consent given for the collection of your Personal Information.

You may withdraw your consent to the processing of all your Personal Information at any time. If you wish to exercise this right, you may do so by contacting us.

You may withdraw your consent or manage your opt-ins by either viewing your account on the Services or clicking the unsubscribe link at the bottom of any marketing materials we send you.

    • Portability

We may, if required and possible, provide you with the means to download the information you have shared through our services. Please contact us for further information on how this can be arranged.

In certain instances, we may not be required or able to provide you with access to your personal information.  If this occurs, we will give you reasons for our decision not to provide you with such access to your personal information in accordance with the Privacy Act and the GDPR.

There is no application fee for making a request to access your personal information.  However, we may charge an administrative fee for the provision of information in certain circumstances such as if you make repeated requests for information or where the information is held by a third-party provider.

Where we act as a data processor, we do so on behalf of our client and in accordance with their instructions. This means that should you wish to access, review, correct, transfer, modify or delete any Personal Information we process on behalf of a client you should contact the client with your request.

 

10. Direct marketing materials

We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list. 

 

11. Storage and Security of Your Personal Information

Plann stores Personal Information in Amazon Web Services (AWS).

Plann takes the security of your personal information very seriously. We will take all steps reasonable under the circumstances to protect your personal information from misuse, interference, loss; and unauthorised access, modification or disclosure. We will process Personal Information securely and apply and maintain appropriate technical and organisational measure to protect Personal Information. 

The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

 

12. International Transfer and Disclosure of Personal Information

Where we are required to use suppliers outside of Australia, we ensure that all our suppliers are required to adhere to the Australian Privacy Principles. 

Where we transfer Personal Information from within to outside of the European Union or European Free Trade Association (EFTA) States, we ensure an adequate level of protection for the rights of data subjects based on the adequacy of the receiving country’s data protection laws.

We may disclose personal information to our related bodies corporate and third-party suppliers and service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

We may disclose your personal information to entities located outside of Australia, including the following:

      • our related bodies corporate;
      • our data hosting and other IT service providers, located in various countries; and
      • other third parties located in various foreign countries.

We may disclose your personal information to entities within Australia who may store or process your data overseas.

 

13. Notifiable Data Breaches

We take data breaches very seriously. 

We will endeavour to meet the 72-hour deadline as imposed by the GDPR, to report any data breach to the supervisory authority where a data breach occurs that will likely be a risk to you.

Further, where there is likely to be a high risk to your rights, we will endeavour to contact you without undue delay. 

We will review every incident and take action to prevent future breaches.

 

14. Automated individual decision-making, including profiling

If you reside in the European Union or EFTA States, you shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you, or similarly significantly affects you, as long as the decision is not necessary for entering into, or the performance of, a contract between us, or is not authorized by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or is not based on your explicit consent. If you wish to exercise your rights, please contact us.

 

15. Integrity and Retention of Data

We take all reasonable steps to ensure that the personal information we collect about you is accurate, up to date and complete. Where we collect that information from you directly, we rely on you to supply accurate information. Plann makes it easy for you to keep your personal information accurate, complete, and up to date. Where we use or disclose your personal information, we will also ensure that your personal information is relevant. We will retain your personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

We may retain your information for fraud prevention or similar purposes. 

 

16. Contact Information

Plann welcomes your comments or questions regarding this Privacy Policy. 

If you have a question regarding this Privacy Policy or you would like to make a complaint, please contact us by email by using our contact details on the Services or below.

If you reside in the European Union of EFTA States, the data controller that is responsible for your Personal Information is:

Data Controller

LadyLaurence Pty Ltd (ACN 610 094 650)

Level 1, 822 George Street, Chippendale NSW Australia 2008

support@plannthat.com 

If you wish to raise a concern about our use of your information you have the right to do so with your local supervisory authority.

 

17. Changes to this Privacy Policy

This Privacy Policy is subject to occasional revision and Plann reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Continued use of our Services including the website shall indicate your acknowledgement of that it is your responsibility to review the Privacy Policy periodically and become aware of any modifications. We may amend this policy from time to time. Not all changes to our privacy policy will require your consent, for example where office security procedures are changed. We will notify you of any change to our information handling policy that requires your consent before being implemented.

 

This Policy was last updated in March 2020.

Terms and Conditions

 

1. Overview

  • We, LadyLaurence Pty Ltd (ACN 610 094 650) (we, us, our, Plann), a company registered in Australia, own and operate www.plannthat.com and the Plann mobile application (together, Platform). Please read these terms and conditions (Terms) carefully as they form a contract between you and us. By using the Platform, you agree with and accept these Terms.
  • These Terms, our Privacy Policy and all policies and guidelines related to the Platform form the entire agreement between you and us (together, Agreement). If you do not accept any terms of the Agreement, you must cease to use the Platform immediately.
  • We reserve the right to amend the Terms at any time, and by continuing to use the Platform, you accept the Terms as they apply from time to time.

 

2. Our role

  • We are the developer and provider of the Platform and our role is limited to facilitating access to and use of the Platform, including by taking feedback and improving the Platform.
  • By accessing and using the Platform, you acknowledge and agree that:
    • we are not acting as an agent in any capacity for any User; and
    • we are not responsible for and have no control over the use of the Platform by other Users.

 

3. Registration and Access to Platform

  • To obtain access to our Platform, you must register for an account with us (Account) and accept these Terms and our Privacy Policy which forms a contractual relationship between you and us.
  • To register an Account, you must provide us with current, complete and accurate identification, and other information (some of which is not mandatory) including, but not limited to, your name, Instagram handle, Facebook business account details, a valid email address and password (Registration Information).
  • If your Registration Information changes, you must promptly update your Account to reflect those changes. If the Registration Information that you provide us is inaccurate or becomes out of date, you may not be able to use all or any of the features of the Platform.
  • When you register an Account, you must nominate a username and password. You are responsible for maintaining the confidentiality and integrity of your Account, password and for all use and activity carried out on your Account. If you believe that there has been unauthorized access to your Account, please contact us.
  • By accessing and using the Platform as a User, you represent and warrant that:
      • you have the right, authority and capacity to agree to and abide by the Terms;
      • we have no control over the conduct of our Users and your interactions with other Users (whether in person or online);
      • if you are a minor, you have obtained the necessary parental or guardian consent to access and use the Platform;
      • if you are a minor, you may not be able to use, access or take full advantage of the Platform and its features;
      • we are not obliged to confirm the identity of Users;
      • you are responsible for maintaining the confidentiality of your Registration Information at all times;
      • you will not create excessive or unnecessary accounts on the Platform;
      • your access to and use of the Platform is non-transferable;
      • we reserve the right to deny anyone access to an Account or the Platform at any time and for any reason without notice;
      • if you are registering an Account or using the Platform on behalf of a company, that company is taken to have accepted the Terms and you are taken to have been duly authorized to bind the company; and
      • you will use the Platform in a manner consistent with any and all applicable laws, regulations and all Plann policies.
  • By registering for an Account, you agree that we may from time-to-time send you text messages, push notifications and emails as part of the normal business operation of your use of the Platform. You may opt-out of receiving these communications from us by contacting us and you acknowledge that opting out of receiving these communications may impact your use of our Platform.

 

4. Use of Platform

4.1 User Access to the Platform

By accessing the Platform as a User, you will:

      • use the Platform for lawful purposes only;
      • not commit any act or engage in any practice that:
        • is harmful to our systems, brand, reputation or goodwill; or
        • interferes with the integrity of the Platform, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
      • not create Accounts with us through unauthorized means, including by using an automated device, script, bot or other similar means;
      • not restrict, or attempt to restrict, another User from using the Platform;
      • not encourage or facilitate violations of the Terms;
      • not distribute or send communications that contain spam, chain letters, or pyramid schemes;
      • not harvest or otherwise collect information about other Users, including Registration Information, without their consent;
      • not bypass measures used to prevent or restrict access to our Platform;
      • not interfere with the privacy of, harass, intimidate, act violently or inappropriate towards or be discriminatory against another User; and
      • not infringe any intellectual property rights or any other contractual or proprietary rights of another User or third party.

 

5. User Content

  • We reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Users through the Platform (User Content) and we do not control the accuracy of User Content;
  • You are solely responsible for User Content:
    • you post, publish or otherwise transmit through the Platform; and
    • you obtain through accessing or using the Platform.
  • You warrant and represent that:
    • you own or have the rights to any User Content;
    • the posting of any of your User Content will not violate the rights of any third party;
    • your User Content does not breach or violate, or cause us to breach or violate any applicable law;
    • your User Content will not be obscene, inappropriate, illegal, defamatory, offensive, abusive or in breach of confidence or privacy.
  • The views expressed in any User Content are the views of Users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to report problems, offensive content or comments and malicious use of the Platform to us.

 

6. Subscriptions

  • Users may select a suitable subscription plan via the website or app and the terms, period, features and cost of each subscription plan is displayed on the website or app and updated from time to time.
  • You may manage your subscription through your Account settings after purchase.
  • Unless otherwise expressly stated, all subscription fees are in United States Dollars (USD). Subscription Fees may be converted to your local currency at the time of payment.
  • We reserve the right to change the subscription fees at any time and we will provide Users with reasonable notice of any changes to the subscription fees before they become effective.
  • Except as otherwise provided in these Terms or required by law, subscription fees are non-refundable.
  • Subscriptions automatically renew unless the subscription is terminated or cancelled at least 24 hours before the end of the current subscription period.

 

7. Payment Terms

  • Fees payable by Users under these Terms may be paid in one of two ways:
    • Subscriptions purchased via our website: payments must be paid using payment processing services provided by Stripe Payments Australia Pty Ltd ACN 160 180 343 (Stripe) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the Stripe Terms of Service). By agreeing to these Terms or continuing to use the Platform, you agree to be bound by the Stripe Terms of Service as modified by Stripe from time to time; or
    • Subscriptions purchased via iTunes or Google: payments will be charged to your iTunes or Google account (as applicable) at the time of purchase and are subject to the Apple iTunes Terms and Conditions or the Google Play Terms of Service (as appliable).
  • We reserve the right to delay or cancel any payment for purposes of preventing unlawful activity, fraud, risk assessment, security or investigation.
  • We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payment by you, so that you end up receiving or paying the correct amount.

 

8. Intellectual Property Rights

  • In these Terms, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, software, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
  • We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Platform or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Platform (collectively, Platform Content). Your use of and access to the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content.
  • You may access the Platform using a web browser or mobile device, and electronically copy and print hardcopies the Platform Content solely for your personal, non-commercial use.
  • You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Platform unless expressly stated otherwise in these Terms.

 

9. Use of name and brand

  • If you are a company or business, you consent to us using your information, including name, logo and Instagram handle, on our website, app and social media accounts to showcase and promote your company or business as a Platform user.
  • If you are an individual, we may seek your consent to use your name and Instagram handle on our website, app and social media accounts, but we will not do so without your prior consent. We will always collect and use your personal information in accordance with our Privacy Policy.

 

10. Referral Bonus Terms

By accepting these Terms and Conditions, you are also agreeing to the terms and conditions set out in the Plann Referral Bonus Terms.

 

11. Third Party Links

The Platform may contain links and other pointers to Internet websites or applications owned and operated by third parties.  We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third-party products and services.

 

12. Disclaimer

To the fullest extent permitted by law, you agree and acknowledge that:

    • the Platform is provided “as is” and “as available” and the entire risk arising out of your use of the Platform remains solely with you;
    • we do not control, endorse and are not responsible for any User Content;
    • we retain complete control over the Platform and may alter, amend or cease the operation of the Platform in our sole discretion;
    • we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Platform;
    • we make no warranty or representation that the Platform will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;
    • we are not liable to you or any third party if the Platform is down due to third-party actions, including but not limited to the maintenance services, internet service providers, third party servers, nefarious hacks or distributed denial of service attacks; and
    • we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information.

 

13. Exclusion and Limitation of Liability

  • To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:
    • your use or inability to use the Platform;
    • any User Content;
    • any interactions between Users;
    • the conduct of other Users;
    • any User breaching or failing to comply with any applicable laws;
    • any User breaching or failing to comply with these Terms and any applicable terms and conditions; and
    • unauthorized creation, access or use of your personal information, Account or your User Content,

even if we have been advised of the possibility of such loss.

  • To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
  • Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 13(c) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:
    • the re-supply of the services or products; or
    • the payment of the direct cost of having the services or products resupplied.

 

14. Privacy

We will collect, use and disclose any personal information you provide us when accessing or using the Platform in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy.

 

15. Indemnity

  • You agree to indemnify us for all reasonable losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform, User Content, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.
  • We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

 

16. Termination

  • We reserve the right to:
    • cease operating the Platform, without notice and for any reason; and/or
    • terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms.
  • If one of the events described in clause 16(a) occurs, then:
    • you will not have any access to the Platform, your Account or User Content; and
    • we will not be liable for any costs, losses or damages arising as a result of terminating your access to the Platform.

 

17. Dispute Resolution

  • If a dispute arises out of or relates to these Terms as between us and a User, either party must not commence legal proceedings (except proceedings seeking interlocutory relief) unless it has complied with this clause 17.
  • The parties must use reasonable endeavors to resolve through negotiation all disputes.
  • If, within 14 days, the dispute cannot be resolved following negotiation between the parties, either party may refer the dispute for arbitration.
  • The parties agree to negotiate in good faith on the appointment of a single arbitrator, or failing agreement, as appointed by the President of the Law Society of New South Wales (if all parties are situated in Australia) or (where one or more of the dispute parties is not situated in Australia) to an arbitrator appointed by the Australian Centre for International Commercial Arbitration (ACICA).
  • The arbitration will be conducted in Sydney in accordance with the ACICA Rules operating at the time the dispute is referred to ACICA.
  • The terms of the ACICA Rules are deemed incorporated into these Terms.
  • If a party fails to adhere to the term of this clause 17 and proceedings are subsequently issued by the defaulting party, these Terms can be used as a bar to any proceedings so issued.
  • All communications concerning negotiations made by the parties in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

 

18. No Waiver

No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

 

19.Variation

We may vary, amend or otherwise modify these Terms at any time. We will publish the new Terms on the Platform at which time they will be effective. Your continued use of the Platform following posting of the new Terms constitutes your acceptance of the new Terms.

 

20. Severability

If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.

 

21. Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms.

 

22. Feedback and Contact

Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Platform. You may submit feedback by contacting us at support@plannthat.com.

 

© 2020 LadyLaurence Pty Ltd. ALL RIGHTS RESERVED.

 

Terms last updated in March 2020.

Cancelling your Plann Subscription

You may cancel your Subscription with Plann at any time!

 

How to cancel your Plann Desktop subscription:

You can cancel your subscription by doing the following:

  1. Sign into your Plann account
  2. Click on ‘Settings’
  3. Click on ‘Your Profile’ + scroll to the bottom
  4. Click ‘Cancel Plann Account’

 

IMPORTANT: Cancellations will take effect at the end of the monthly billing cycle.

  • * If you cancel DURING your monthly billing cycle, you will continue to be billed until the end of that monthly cycle.
  • * You will continue to have access to your account until the end of the billing cycle, upon which time your subscription access will cease and you will revert back to the ‘free’ version of Plann.
  • * Want to find out your billing cycle? Head to the ‘Billing’ tab in ‘Settings’ on Plann Desktop. 

 

How to cancel your Plann APP ONLY subscription:

  • * If you created an account through iTunes, you may only cancel your account through iTunes.
  • * If you created an account through Google Play, you may only cancel your account through the Google Play store.

 

How to avoid a subscription renewal on Plann Desktop

In order to avoid a subscription renewal, you must cancel your current subscription:

  1. Sign into your Plann Desktop account
  2. Click on ‘Settings’
  3. Click on ‘Your Profile’ + scroll to the bottom
  4. Click ‘Cancel Plann Account’

 

Please allow at least 48 hours before the scheduled renewal.

 

Want to find out when your subscription will renew? Head to the ‘Billing’ tab in ‘Settings’ on Plann Desktop. 

 

Refunds

Paid Subscription fees are non-refundable – except when required by law.

 

In special circumstances, refunds may ONLY be granted within the first 14 days of a new subscription by submitting a written refund request to support@plannthat.com. Refunds granted under special circumstances are completely at the discretion of Plann.

 

If a refund is granted, please allow up to 10 working days for the money to appear in the bank account the purchase was made.

 

IMPORTANT: The terms of any refund policy found on the website or iTunes OR Google Play Store (to the extent applicable to your iTunes or Google Play created account) will take precedence over this section.

Plann Referral Bonus Program

Terms and Conditions

 

PLANN REFERRAL BONUS PROGRAM TERMS

  • * The Plann Referral Bonus Program (“Program”) allows registered Plann’rs to earn referral bonus credits by referring friends to Plann.
  • * The Referral Bonus (“Bonus”) will be applied as credits towards future Plann subscriptions.
  • * To participate, Plann’rs must agree to these terms, which become part of the Plann Policies. Capitalised terms that are not defined here will have the same meaning given to them in the Plann Policies.

 

HOW TO EARN REFERRAL BONUSES

  • * We will automatically create a unique referral link account for you.
  • * Plann’rs can earn a Bonus towards future Plann subscriptions when:
  • (i) a referred friend clicks on their unique referral link to create a valid Plann account that complies with our Terms of Service; and
  • (ii) the referred friend signs up for a valid Plann subscription.
  • * The friends you refer don’t have to purchase instantly as the cookies last up to 30 days following their initial visit
  • * We are not responsible or liable if the customer deletes or removes cookie data.

 

REDEEMING REFERRAL BONUSES

  • * Once the eligible referring Plann’r has successfully referred a friend, they will automatically have a Bonus credit appear within their account to redeem. This Bonus credit can be used towards their future Plann subscriptions.
  • * To use the Bonus credit, they would have to manually redeem the credit on their profile page.
  • * Bonus credits will be applied to the eligible referring Plann’r account as credit that will be applied to future invoices.
  • * NOTE: Bonus credits may not be earned by creating multiple Plann Accounts. Bonus credits accrued in multiple Plann accounts may not be combined into one Plann account.

 

SHARING REFERRAL LINKS

  • * Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations.
  • * Referrers are not allowed to spam or solicit recipients that are not believed to be personal friends.

 

SEVERABILITY

  • * If any provisions in these terms are held to be invalid, void, or unenforceable, such provision or parts of provision will be struck and not affect the validity of and enforceability of the remaining provisions.

 

TERMINATION AND CHANGE

  • * Plann may suspend or terminate the Program or a Plann’rs ability to participate in the Program at any time for any reason.
  • * Requirements and incentives may also change at any time.
  • * Bonus credits earned through fraudulent activities are null and void.
  • * We reserve the right to suspend accounts or remove referrals if we notice any abusive or fraudulent activities.
  • * We reserve the right to suspend, cancel, or modify referrals, as we deem fair and appropriate.

 

UPDATES TO THE TERMS

  • * We can update these terms at any time without prior notice.
  • * All modifications to the terms will be posted on our website, which will be effective upon posting.
  • * Continued participation in the Program after any updates or modifications shall constitute consent to such update or modification.
  • * If the modified terms are not acceptable, the only recourse is to stop sending referral links and/or participating in the Referral Bonus Program.

 

Last updated on 1 January 2019.