This is the Privacy Policy of PoweredLocal Pty. Ltd, ABN 50 614 040 292 (“we”, “us”, “our” or “PoweredLocal”). We give our clients hardware, software and tools to manage a Guest WiFi service and to understand and extract data to better communicate with their customers. We have adopted this Privacy Policy to ensure that we have standards in place to protect the information that we collect in the following two categories:

1. Information we receive in connection with our relationship with our clients, such as the email addresses and other information their customers (“End Users”) supply when signing up for our Guest WiFi using the systems or services we offer (“PoweredLocal WiFi”), as well as certain information collected in connection with the PoweredLocal WiFi routers; and

2. The normal day-to-day operations of our business and the information collected from visitors to PoweredLocal’s own website, poweredlocal.com.

This Privacy Policy follows the standards of the Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy Act).
Each of those two categories has its own section below. Following those sections is a third section containing general information about our privacy practices, GDPR, as well as your opt-out options and details about exercising your rights. This Privacy Policy does not address our clients’ own privacy practices or the privacy practices of any third-party integrations that our clients connect with our platform.

By publishing this Privacy Policy we aim to make it easy for our customers and the public to understand what Personal Information we collect and store, why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their Personal Information in our possession.

1. Privacy Practices for Information We Receive in Connection with Our Relationship with Our Clients

Information Collected

In an expanding number of locations, we provide our clients (businesses with a physical location) with wireless routers or settings to run on their own wireless routers that let them share their Internet connection with people within and around their location. Our clients’ End Users can voluntarily opt into using PoweredLocal WiFi. For those who do not complete an opt into the PoweredLocal WiFi, we collect limited technical information and process such information to provide and troubleshoot WiFi access. We retain such technical information collected for no more than ninety days. For those End Users who register for the PoweredLocal WiFi, we receive and maintain the unique MAC address of your wireless device and we use this to allow us to connect you in the future without having to ask for your details again. To sign up for PoweredLocal WiFi, an End User must (1) submit basic contact information, such as an email address and name, and (2) agree to terms and acknowledge our privacy practices. The End User may choose to enter additional information, such as their birth-date, gender, phone number and zip-code. Sometimes our clients require one of these optional fields in order to provide PoweredLocal WiFi.

After an End User signs up for PoweredLocal WiFi, we associate their email address and other personal data with their device’s MAC address and any location history we may later gather for that device’s MAC address. Later, when the End User’s device returns to this client location or enters the WiFi range of another PoweredLocal router (of any PoweredLocal client), we automatically recognize the device and record the visit in our record for that device, which enables us to provide marketing features. End Users may opt out of PoweredLocal WiFi at any time, and End Users may also request that we delete their personal data at any time. Please see the sections below entitled, “Opt-Out and Privacy Rights” and “Your Legal Rights Under EU Law” for more information. We also may record information about whether and when the End User registered for PoweredLocal WiFi has used the Internet, but PoweredLocal does not review or record the actual Wi-Fi traffic (such as browsing data or the content of emails sent through the WiFi or the URLs of web pages visited).

In the signup and login pages for our PoweredLocal WiFi, we and our third-party service providers, including Matamo Analytics, may use cookies, web beacons, and other automated technologies to collect information about the computers or other devices used to access the PoweredLocal WiFi.

In addition to the above, our clients may provide us with personal data (usually about their current and potential customers), such as customer contact or point-of-sale information. As permitted by applicable law, we may also collect information from third-party sources (such as social networking platforms). We may enhance the data we receive from or on behalf of a particular client with data that we receive from other data sources or that we have inferred or modelled ourselves. The enhanced data is most commonly used to reduce the number of steps an end-user needs to go through in order to connect to the WiFi, an example of this is that we will try and predict your name based on the email address you provide and then not need to ask your name when connecting to WiFi.

Cookies and Other Technologies:

We and our third-party service providers may use cookies, clear GIFs, pixel tags, and other technologies that help us better understand user behavior, personalize preferences, perform research and analytics, and improve the products and services we provide. You can choose to accept or decline certain cookies. Most web browsers automatically accept cookies, but your browser may allow you to modify your browser settings to decline certain cookies if you prefer.

Online Analytics:

We may use third-party web analytics services, such as those of Google Analytics. These service providers use cookies and other technologies described in this Privacy Policy to help us analyze how users use our website and the PoweredLocal WiFi. The information collected by the technology will be disclosed to or collected directly by these service providers. To prevent Google Analytics from using information for analytics, a user may install the Google Analytics Opt-Out Browser Add-ons. A popular option may be found here, however we cannot warrant a third party’s tools, we recommend you do your own research here.

Tailored Advertising:

Third parties may also use cookies or other tracking technologies on your computer or other device to collect information about your access to or use of the PoweredLocal WiFi to (i) inform, optimize, and serve marketing content based on your access to or use of PoweredLocal WiFi and (ii) report how our marketing content impressions, other uses of marketing services, and interactions with these marketing impressions and marketing services are related to visits to our establishment(s), access to, or use of the PoweredLocal WiFi. We neither have access to, nor does this Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other devices by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) that we may share with a service provider in hashed, non-human readable form.

If you are interested in more information about tailored browser advertising and how you can generally control certain cookies from being put on your device to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out Link, the Digital Advertising Alliance’s Consumer Opt-Out Link or the European Interactive Digital Advertising Alliance Opt-Out Link to opt out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that you will still receive advertising content even if you opt out of tailored advertising. Also, we do not control the four opt-out links above and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browser is configured to reject cookies when you visit an opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your opt-out may no longer be effective. Additional information is available on the websites accessible by the above links.

Uses of Information

We use the information described above (sometimes in combination with other information we obtain) for the following purposes:

• To help clients administer their WiFi networks and contact lists
• To help clients learn more about their current and prospective customers, and in accordance with local laws, to assist them (or others) in identifying trends, inferences, affinities or patterns among customers or prospective customers
• To help clients with communication and marketing (such as content recommendations and optimization, ad targeting, and other promotional activities)
• To facilitate surveys and other business processes
• To create aggregate or de-identified information
• For compliance with law, fraud prevention, risk mitigation, resolution of disputes, enforcement of legal terms, and similar purposes
• To otherwise analyze, improve and provide products and services
• For other similar purposes requested or authorized by our clients

2. Privacy Practices for Information We Collect on Our Own Websites

Information Collected

We collect information, including when you provide information directly to us and when we passively collect information from you.

Visitors to our website may submit contact information, such as their name, address, email address and phone number, as well as information required to make payments to us. They also may submit information about their business.

Section 1 above describes the collection of various types of information from website visitors using automated technologies (such as cookies). On our website, we and our third-party providers may collect the same sorts of information, using the same sorts of automated technologies, for the same sorts of purposes, and with the same opt-out options.

Uses of Information

We use the information collected on our website (sometimes in combination with other information we obtain) for the following purposes:

• To communicate with current and prospective clients, including for marketing and promotional purposes (for example, by using cookies and other technologies described above to target or retarget ads and offers to our own customers when they browse the internet)
• To facilitate surveys and other business processes
• To create aggregate or de-identified information
• For compliance with law, fraud prevention, risk mitigation, and similar purposes
• To otherwise analyze, improve and provide products and services
• In the case of job applications, to evaluate candidates for possible employment or for related employment compliance purposes
• Other purposes for which the individual provided it

3. Additional Information about Privacy Practices

Disclosures of Information

We disclose information as described below:

To Our Clients. When we collect information for or on behalf of a client, we may share certain information with that client to help our clients learn more about their current customers, and to assist them (or others) in identifying trends, inferences, affinities or patterns among customers (whether those customers are identified, de-identified or aggregated). We also share anonymized data (e.g. when coffee shops are the busiest) among our clients to assist them in communications and marketing activities (such as to provide content recommendations and optimization, ad targeting, and other promotional activities to you).

Affiliates. We may share information with our affiliates who provide services to us.

To Agents & Contractors. We may share information with third parties that help us operate our business and provide our services, such as contractors that provide us with technology, services, data or content (e.g., a hosting provider).

For Legal Reasons. We may share information when we believe that doing so is appropriate to comply with the law; enforce or apply our agreements; or protect the rights, property, or safety of PoweredLocal, our clients, our employees, or others. This may include exchanging information with other companies and organizations for fraud protection and risk reduction.

Changes in the Structure or Ownership of the Company or its Assets. We may transfer the information we hold in the event we sell or transfer all or a portion of our business or assets (such as in connection with a merger, acquisition, reorganization, dissolution or liquidation) or take steps in anticipation of such a transaction.

Direct Collection by Third Parties. In some cases, we may arrange for a third party to collect information directly from individuals, such as if we help a client install embedded content or tools on their website or app (or when we do this on our own website), such as embedded videos, embedded social network buttons or automated advertising technology. These third parties may collect information directly (for example, when they record a user’s “Like” of something). Such providers’ handling of the information is subject to their own privacy policies, terms and practices and is not covered by this Privacy Policy.

Aggregated or De-identified Information. We may share aggregated or de-identified data without restriction.

At a Client’s Request. At the request of a client, we may also make additional disclosures of information we hold for that client.

Consent or Legal Permission. We may engage in additional sharing of information with the consent of the individual to whom it pertains or when otherwise permitted by law.

OUR LEGAL BASES FOR USE OF YOUR INFORMATION

Under applicable laws, we are considered the “data controller” of the personal data we collect through our website. We are a data processor of personal data of end-users provided directly to us by our clients. We are a data controller of all other personal data we obtain in the course of our relationship with our clients, including: (1) information you provide through your use of the PoweredLocal WiFi, including automatically-collected information; and (2) contact or point-of-sale data provided by you directly to us or through our business partners. This means that we are responsible for deciding how to collect, use and disclose this data, subject to applicable law. Our contact information appears at the end of this Privacy Policy.

The laws of some jurisdictions such as the laws of the European Union require data controllers to tell you about the legal ground that they rely on for using, sharing, or disclosing of your information. To the extent those laws apply, our legal grounds are as follows:

• Contractual Commitments: We may use, share, or disclose information to honour our contractual commitments to you. For example, to comply with our Terms of Use, which you accept by accessing or otherwise using the PoweredLocal WiFi or our website.
• With Your Consent: Where required by law, and in some other cases, we use, share, or disclose information on the basis of your consent. For example, when you registered and consented to our Enhanced Wi-Fi, you consented to our use of your information for marketing purposes.
• Legitimate Interests: In many cases, we use, share, or disclose information on the ground that it furthers our legitimate business interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals, such as customer service, certain promotional activities, analyzing and improving our business, providing security for our Wi-Fi and Enhanced Wi-Fi, preventing fraud, and managing legal issues.
• Legal Compliance: We need to use, share, and disclose information in certain ways to comply with our legal obligations.

Opt-out and Privacy Rights

To opt-out of the PoweredLocal WiFi (and our use of your device’s MAC address for marketing purposes), please complete the form at https://www.poweredlocal.com/personal-data-request/ or reach out to us at [email protected]. Alternatively, you may forget the PoweredLocal WiFi network or deactivate your device’s Wi-Fi, which will prevent our further detection of your device’s MAC address.

For information about opt-out options relating to data collected using cookies and other automated technologies (e.g., for analytics and advertising), please review the hyperlinks in the “Information Collected” part of Section 1 of this Privacy Policy, above.

Your Legal Rights Under Local Law:

Your local laws (e.g., laws of the E.U.) may permit you to request that we:

• provide access to and/or a copy of certain information we hold about you;
• prevent the processing of your information for direct-marketing purposes; (including any direct marketing processing based on profiling)
• update information which is out of date or incorrect;
• delete certain information that we are holding about you;
• restrict the way that we process and disclose certain of your information;
• transfer your information to a third-party provider of services; and
• revoke your consent for the processing of your information.

Please note, however, that certain information may be exempt from such requests in some circumstances, which may include needing to continue processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.

To exercise any of these rights, please contact us as described in the “Contacting Us” section below. In addition to those rights, you have the right to lodge a complaint with the relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.

How long we keep information

We generally retain information for so long as it may be relevant to the purposes above and in compliance with applicable law. To dispose of any personal data, we may anonymize it, delete it or take other appropriate steps. Information may persist in copies made for backup and business continuity purposes for an additional period of time.

California Do-Not-Track Disclosure

We do not currently recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations and solutions.

California Privacy Rights

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you would like to make such a request, please contact us using the information provided below.

Updates to this Privacy Policy

We may modify this Privacy Policy from time to time as our business practices and legal requirements evolve. In the event this Privacy Policy is modified, we will provide notice of the change by posting the updated Privacy Policy to poweredlocal.com, and we will include the effective date of the update.

Contacting us

If you have any questions about this Privacy Policy or our privacy practices, please contact our Privacy Officer at [email protected].

You also may write to our Privacy Officer at:
PoweredLocal Pty. Ltd.
PO Box 83, Prahran, VIC, Australia, 3181