ZERK owned and operated by ZERK ACCESS, is committed to protecting your privacy. We have
By using the Services, users consent to the collection and use of their Personal Information by us. You also
represent to us that you have any and all authorizations necessary to use these Services including using
them to process Personal Information. We collect and use the information you provide to us, including
information obtained from your use of the Services. Also, we may use the information that we collect for our
internal purposes to develop, tune, enhance, and improve our Services, and for advertising and marketing
Privacy Amendment (Enhancing Privacy Protection) Act 2012 which includes the Australian Privacy Principles
Australian Privacy Principle 1 i.e. “Open and Transparent Management of Personal Information”.
protects or otherwise handles users’ Personal Information.
Services to users and users should stop accessing our services.
By using the Services, You acknowledge, consent and agree that we may collect, process, and use the
information that you provide to us and that such information shall only be used by us or third parties
acting under our direction, pursuant to confidentiality agreements, to develop, tune, enhance, and improve
periodically reviewing any changes which may be made to the Policy. We may, in our sole discretion, modify
or revise the Policy at any time, and you agree to be bound by such modifications or revisions.
means gather, acquire or obtain by a lawful and fair means, information in
where the individual is identifiable or identified.
1.2. "Express Consent Consequences"
includes the fact that that we will not be accountable
under the Privacy
Act and you will not be able to seek redress under the Privacy Act in the event that you provide consent to
the disclosure of your Personal Information by us to an overseas recipient and the overseas recipient
handles your Personal information in breach of the Privacy Act.
1.3. "Expressly Informed"
means the circumstance where we have provided you with a clear
verbal or in writing) of the Express Consent Consequences.
1.4. "Opt Out"
means an individual's expressed request not to receive further Direct
1.5. "Personal Information"
means information that is not Sensitive Information, including
information or an
opinion (whether information or an opinion forming part of a database), whether true or not and whether
recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be
ascertained from the information or opinion. This includes, but is not limited to, an individual’s first
name, last name, email address, password and address.
1.6. "Primary Purpose"
is the main reason for the Collection of any Personal Information.
1.7. "Reasonable Expectation"
means a reasonable individual's expectation that their
might be Used or Disclosed for the relevant purpose.
1.8. "Secondary Purpose"
means a purpose of Use or Disclosure other than a Primary
1.9. "Sensitive Information"
is given its meaning in section 6(1) of the Privacy Act 1988
means the handling of Personal Information by our Company.
2. INFORMATION WE COLLECT
2.1. When you register with us, you provide us information about yourself as follows:
a. From Customers:
• First name
• Last name
• Photo: Capture with camera or upload from gallery
• For Identification: Upload a photo of drivers license
b. Service Provider:
• Business Name
• First name
• Last name
3. INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE OUR SERVICES
3.1. When you access or use our Services, we automatically collect information about you, including:
a. Log Information: We log information about your use of our App, including your browser type and
access times, pages viewed, your IP address and the App you visited before navigating to our App.
b. Device Information: We may collect information about the device you use to access our Services,
the hardware model, operating system and version, unique device identifier, phone number, International
Mobile Equipment Identity ("IMEI") and mobile network information.
c. Location Information: With your consent, we may collect information about the location of your device
facilitate your use of certain features of our Services, determine the speed at which your device is
traveling, add location-based filters (such as local weather), and for any other purposes.
d. Information Collected by Cookies and Other Tracking Technologies: We use various technologies to
information, and this may include sending cookies to you. A "cookie" is a small data file transferred to
your computer’s hard drive that allows an App to respond to you as an individual, gathering and
information about your preferences in order to tailor its operations to your needs, likes and dislikes.
Overall, cookies are safe, as they only identify your computer to customize your Web experience.
cookie does not provide us access to your computer or any Personal Information about you, other than the
information you choose to share. Other servers cannot read them, nor can they be used to deliver a
Most browsers automatically accept cookies, but you can usually adjust yours (Microsoft Internet
Firefox or Google Chrome) to notify you of cookie placement requests, refuse certain cookies, or decline
cookies completely. If you turn off cookies completely, there may be some App features that will not be
available to you, and some Web pages may not display properly. To support the personalized features of
App (such as your country and language codes and browsing functions) we must send a cookie to your
computer’s hard drive and/or use cookie-based authentication to identify you as a registered App user.
4. INFORMATION SHARED DURING TRANSACTION
4.1. You agree that you will enter into transactions with third parties through our App and will share your
Personal Information with them for easy completion of the transaction. You hereby expressly agree that we
shall not be involved or held liable for any breach of the privacy or security of that data. The said
breach, if any, shall be a matter of dispute between you and the third party and we shall not be held liable
or be issued a notice for the same.
4.2. We STRONGLY recommend that you should be careful and vigilant while disclosing your Personal
Information with your transaction partner. Please do not disclose your bank and account details to anyone
through our App or to any individual whom you have met through our App.
4.3. We do not take credit card/debit card or other bank details on our App. For payment you will be
directed to sign in through the respective payment gateways integrated on our App and the transaction would
be completed therein. It is to be noted that we will not be storing any Bank related information on our
records and none of our staffs will hold or be exposed to this information.
5. HOW WE USE YOUR INFORMATION
5.1. We use the personal information we collect to fulfill your requests for services, improve our services
and contact you.
5.2. By providing us your e-mail address, you consent to us using the e-mail address to send you our App and
services related notices, including any notices required by law, in lieu of communication by postal mail.
You also agree that we may send notifications of activity on our App to the e-mail address you give us, in
accordance with any applicable privacy settings. We may use your e-mail address to send you other messages,
such as newsletters, changes to our features, or other information. If you do not want to receive optional
e-mail messages, you may modify your settings to opt out.
5.3. Our settings may also allow you to adjust your communications preferences. If you do not wish to
receive promotional email messages from us, you may opt out by following the unsubscribe instructions in
those emails. If you opt out, you will still receive non-promotional emails from us about your account and
5.4. Following termination or deactivation of your services, we may (but are under no obligation to) retain
your information for archival purposes. We will not publicly disclose any of your Personal Information other
5.5. At our sole discretion, for any reason or no reason at all, we reserve the right to remove any content
or messages, if we believe that such action is necessary
(a) to conform to the law, comply with legal process served on us, or investigate, prevent, or take
action regarding suspected or actual illegal activities;
(b) to enforce this policy, to take precautions against liability, to investigate and defend
ourselves against any third-party claims or allegations, to assist government enforcement agencies, or
protect the security or integrity of our App; or
(c) to exercise or protect the rights, property, or personal safety of the App, our users, or others.
6. HOW WE SHARE YOUR INFORMATION
6.1. As a matter of policy, we will not sell or rent information about you and we will not disclose
government regulation. We co-operate with law enforcement inquiries, as well as other third parties, to
enforce laws such as those regarding intellectual property rights, fraud and other personal rights.
6.2. We will not share the personal information we collect about you with any third party for their own
marketing purposes without your consent. We have contract with third parties prohibiting them from sharing
your Personal Information.
6.4. WE CAN (AND YOU AUTHORIZE US TO) DISCLOSE ANY INFORMATION ABOUT YOU TO LAW ENFORCEMENT, OTHER
GOVERNMENT OFFICIALS, ANY LAWSUIT OR ANY OTHER THIRD PARTY THAT WE, IN OUR SOLE DISCRETION, BELIEVE
NECESSARY OR APPROPRIATE IN CONNECTION WITH AN INVESTIGATION OF FRAUD, INTELLECTUAL PROPERTY INFRINGEMENT,
OR OTHER ACTIVITY THAT IS ILLEGAL OR MAY EXPOSE US, OR YOU, TO LIABILITY.
7. ENSURING INFORMATION IS ACCURATE AND UP TO DATE
7.1. We take reasonable precautions to ensure that the Personal Information we Collect, Use and Disclose is
complete, relevant and up-to-date. However, the accuracy of that information depends to a large extent on
the information you provide. That's why we recommend that you:
a. Let us know if there are any errors in your Personal Information; and
b. Keep us up-to-date with changes to your Personal Information such as your name or address.
8. HOW WE PROTECT YOUR INFORMATION
8.1. We are very concerned about safeguarding the confidentiality of your personal data. We employ
administrative, physical and electronic measures designed to protect your information from unauthorized
8.2. By using this App or the Services or providing Personal Information to us, you agree that we can
communicate with you electronically regarding security, privacy, and administrative issues relating to your
use of this App or Services.
8.3. We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity
and security of your Personal Information. We cannot, however, ensure or warrant the security of any
information you transmit to us and you do so at your own risk. Once we receive your transmission of
information, we make commercially reasonable efforts to ensure the security of our systems. However, please
note that this is not a guarantee that such information may not be accessed, disclosed, altered, or
destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security
systems breach, then we may attempt to notify you electronically so that you can take appropriate protective
8.4. Notwithstanding anything to the contrary in this Policy, we may preserve or disclose your information
if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect
the safety of any person; to address fraud, security or technical issues; or to protect our rights or
property. However, nothing in this Policy is intended to limit any legal defenses or objections that you may
have to a third party, including a government’s request to disclose your information.
9.1. Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in
place to provide a positive experience for users.
https://support.google.com/adwordspolicy/answer/1316548?hl=en. Our App uses Google AdSense Advertising.
enables it to serve ads to our App users based on their visit to our App and other sites on the Internet.
Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy
9.3. Our App has implemented the following:-
a) Remarketing with Google AdSense
b) Google Display Network Impression Reporting
c) Demographics and Interests Reporting
d) DoubleClick Platform Integration
9.4. Our App along with third-party vendors, such as Google use first-party cookies (such as the Google
Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers
together to compile data regarding user’s interactions with ad impressions, and other ad service functions
as they relate to our App.
10. STORING PERSONAL DATA
We retain your information only for as long as is necessary for the purposes for which we process the
information as set out in this policy. However, we may retain your Personal Data for a longer period of time
where such retention is necessary for compliance with a legal obligation to which we are subject, or in
order to protect your vital interests or the vital interests of another natural person.
11. YOUR CHOICES ABOUT YOUR INFORMATION
11.1. You have several choices regarding use of information on our Services:
a. Email Communications: We will periodically send you free newsletters and e- mails that directly
the use of our App, or Services. When you receive newsletters or promotional communications from us, you
indicate a preference to stop receiving further communications from us and you will have the opportunity
“opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting
directly. Despite your indicated e-mail preferences, we may send you service related communications,
b. Changing or Deleting Your Personal Data: You may change any of your personal information by visiting
App and following the directions therein or by emailing us at Membership@zerk.com.au. You may request
deletion of your personal data by us, and we will use commercially reasonable efforts to honor your
but please note that we may be required to keep such information and not delete it (or to keep this
information for a certain time, in which case we will comply with your deletion request only after we
fulfilled such requirements). When we delete any information, it will be deleted from the active
but may remain in our archives. We may also retain your information for fraud prevention or similar
c. You may, of course, decline to submit personal data through the App, in which case, we may not be
provide certain services to you. You can review and correct the information about you that we keep on
by editing your account settings or by contacting us directly at Membership@zerk.com.au.
12. CHILDREN’S PRIVACY
Protecting the privacy of young children is especially important. Thus, we do not knowingly collect or
solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If
you are under 18, please do not attempt to register for the Service or send any information about yourself
to us, including your name, address, telephone number, or email address. No one under age 18 may provide any
personal data for accessing the Service. In the event that we learn that we have collected personal data
from a child under age 18, we will delete that information as quickly as possible. If you believe that we
might have any information from or about a child under the age of 18, please contact us.
13. MERGERS AND ACQUISITIONS
In case of a merger or acquisition, we reserve the right to transfer all the information, including personal
data, stored with us to the new entity or company thus formed. Any change in the App’s policies and standing
will be notified to you through email.
14. LINKS TO THIRD PARTY APPS
Our App contains links to other Apps. The fact that we link to an App is not an endorsement, authorization
or representation of our affiliation with that third party. We do not exercise control over third party
Apps. These other Apps may place their own cookies or other files on your computer, collect data or solicit
personal information from you. Other Apps follow different rules regarding the use or disclosure of the
personal information you submit to them. We encourage you to read the privacy policies or statements of the
other Apps you visit.
15. NOTIFICATION PROCEDURES
It is our policy to provide notifications, whether such notifications are required by law or are for
marketing or other business related purposes, to you via e-mail notice, written or hard copy notice, or
through conspicuous posting of such notice on the App, as determined by us in our sole discretion. We
reserve the right to determine the form and means of providing notifications to you, provided that you may
16. DO NOT TRACK
a. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for
users to inform App and services that they do not want certain information about their webpage visits
collected over time and across Apps or online services.
b. We are committed to providing you with meaningful choices about the information collected on our App for
third party purposes, and that is why we provide the opt-out links. However, we do not recognize or respond
to browser-initiated DNT signals, as the Internet industry is currently still working toward defining
exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
17. OPTING OUT OF INFORMATION SHARING
17.1. We understand and respect that not all users may want to allow us to share their information. If you
do not want us to share your information, please contact us through the Contact Us page and we will remove
your information as soon as reasonably practicable. When contacting us, please clearly state your request,
including your name, mailing address, email address and phone number.
17.2. However, under the following circumstances, we may still be required to share your personal
a. If we are responding to court orders or legal process, or if we need to establish or exercise our
rights or defend against legal claims.
b. If we believe it is necessary to share information in order to investigate, prevent or take action
regarding illegal activities, suspected fraud, situations involving potential threats to the physical
c. If we believe it is necessary to restrict or inhibit any user from using any of our App, including,
without limitation, by means of "hacking" or defacing any portion thereof.
18. PHISHING OR FALSE EMAILS
If you receive an unsolicited email that appears to be from us or one of our members that requests personal
data (such as your credit card, login, or password), or that asks you to verify or confirm your account or
other personal information by clicking on a link, that email was likely to have been sent by someone trying
to unlawfully obtain your information, sometimes referred to as a "phisher" or "spoofer." We do not ask for
this type of information in an email. Do not provide the information or click on the link. Please contact
us on the contact details provided on the App if you get an email like this.
privacy and/or information security procedures materially change at any time in the future, we will post the
new changes conspicuously on the App to notify you and provide you with the ability to opt out in accordance
with the provisions set forth above.
19.2. Continued use of our App and Service, following notice of such changes shall indicate your
acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
We reserve the right to terminate or suspend any account or delete certain contents from any profile or
public domain within the ambit of this App if the said account or content is found to be in violation of our
21. NO RESERVATIONS
agree to each and every term and condition as stipulated in this policy without any exception whatsoever.
22. NO CONFLICT
The policy constitutes a part of the user terms. We have taken utmost care to avoid any inconsistency or
conflict of this policy with any other terms, agreements or guidelines available on our App. In case there
raise a conflict, we request you to kindly contact us for the final provision and interpretation.
23. CONTACT US
with us, please contact us at Legal@zerk.com.au