Privacy Notice – Orbit

WELCOME TO ORBIT. YOUR PRIVACY IS IMPORTANT TO US. THIS PRIVACY NOTICE SETS OUT HOW WE PROCESS PERSONAL DATA ABOUT YOU WHEN YOU USE ANY PART OF THE ORBIT MOBILE APPLICATION (THE "APP") AND ALL SERVICES, CONTENT AND MEDIA PROVIDED TO YOU FROM TIME TO TIME ON THE APP (THE "SERVICES"). THIS PRIVACY NOTICE SHOULD BE READ ALONGSIDE OUR TERMS OF SERVICE.

The App is brought to you by Marvell St Assetco Pty Ltd (t/a Orbit) with registered office is at 268 Canterbury Road, Surrey Hills Victoria Australia with ACN 691 913 158 ("we", "us", "our") and sets out how we use and protect your personal data.

This Privacy Notice sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. You must be at least 18 years old to access and use the App and Services; the App is not intended for children and we do not knowingly collect data relating to children.

We are a data controller of the personal data we process and are therefore responsible for ensuring our systems, processes, suppliers and staff comply with data protection laws in relation to the information we handle. If you do not agree with this Privacy Notice, you should not submit information to us or the App.

You can find out more about our responsibilities and about how and why we collect and use your personal data by reading this Privacy Notice. However, if anything is unclear or if you have any questions about this Privacy Notice, please contact us at admin@orbitapp.co.uk.

1. THE TYPES OF PERSONAL DATA WE COLLECT ABOUT YOU

Personal data means any information about an individual from which that person can be identified. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes information that may be required to create your account such as first name, last name, any previous names, username or similar identifier, date of birth and gender.
• Contact Data will include at least your telephone number and may include your home address and email address.
• Financial Data for the purposes of paying for your subscription directly with Orbit, which may include payment card details.
• Device Data which may include the type of mobile device you use, a unique device identifier (for example, your device's IMEI number, the MAC address of the device's wireless network interface, or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use and time zone setting.
• Interaction Data personal data included in your inputs, chats with the App's artificial intelligence ("AI"), outputs, file uploads (including photographs, audio or video), feedback or other communications and information you provide to the App. This data falling within this category is dependent on the extent of your interactions with the AI and may therefore include information that would fall within other categories.
• Profile Data when creating your account, you may (at your discretion) share your sexual orientation, ethnicity, religious beliefs and political opinions. You can choose whether or not to make these details visible to other users and change your settings at any time. You will also have the choice to share photos, images, (or, in the future, which may require you to allow us access to your camera, photo album. Profile Data will also include your username and password, your interests, preferences, feedback and survey responses (if applicable).
• Session Data when you log on to and interact with the App, we automatically collect information about your use of the App including details of your visits such as pages viewed and the resources that you access. This information will include traffic data, location data, IP address, browser, operating system, length of visit, clickstream data and other communication data.
• Location Data. We also use GPS technology, Bluetooth, crowd-sourced Wi-Fi hotspots and other sensors (such as accelerometers) to determine your current location. Our services require your location data for the feature to work. If you wish to use the App, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings, however you will not be able to access the App.
• Technical Data. Each time you visit the App we will automatically collect personal data including device, content and usage data. We collect this data using cookies and other similar technologies.

We also collect, use and share aggregated data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity. For example, we may aggregate individuals' Usage Data to calculate the percentage of users accessing a specific feature in order to analyse general trends in how users are interacting with the App to help improve the App and our service offering.

2. HOW IS YOUR PERSONAL DATA COLLECTED?

We will collect and process the following data about you:

• Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you consent to giving us about you by filling in forms on the App and for the Services, or by corresponding with us (for example, by email or chat). It includes information you provide when you register to use the App, download or register the App, subscribe to any of our Services, search for the App or Service, share data via an App's functions, and when you report a problem with the App or our Services. If you contact us, we will keep a record of that correspondence.
• Information we have received from others. Other users may provide us with your personal data as they use the App if, for example, they contact us about your conduct.
• Automatically collected information. Information such as Device Data, Usage Data and Location Data will be collected automatically while the App is actively running.
• Information you provide us by interacting with the App's AI. This includes preferences, interests, hobbies and information you provide when interacting with the App's AI chatbot.

3. LEGAL BASIS

The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:

• Performance of a contract with you: Where we need to perform the contract we are about to enter into or have entered into with you.
• Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
• Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
• Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to an email newsletter.

4. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below, in a table format, a description of all the ways we plan to use the various categories of your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Purpose/activity: To install the App and register you as a new App user (including any verification of your identity and location).
Type of data: Identity, Contact, Device, Location, Profile
Lawful basis for processing: Performance of a contract with you.

Purpose/activity: To facilitate the payment for the Services (not applicable to users making payments via a third party app store).
Type of data: Identity, Contact, Financial
Lawful basis for processing: Performance of a contract with you.

Purpose/activity: To deliver our Services to you (including to facilitate matching opportunities with other users of the App).
Type of data: Identity, Contact, Device, Interaction, Location
Lawful basis for processing: Performance of a contract with you.

Purpose/activity: To manage our relationship with you including notifying you of changes to the App or any Services.
Type of data: Identity, Contact, Profile, Marketing and Communications
Lawful basis for processing: Necessary to comply with our legal obligations (to inform you of any changes to our terms and conditions).

Purpose/activity: To operate, develop and improve the App's integrated AI functionality.
Type of data: Identity, Contact, Profile, Interaction, Technical
Lawful basis for processing: Necessary for our legitimate interests (to operate and improve the App and our Services).

Purpose/activity: To administer and protect our business and this App including troubleshooting, data analysis and system testing and to monitor trends so we can make improvements to the App (such as the enhancement of the App through the use of new technology).
Type of data: Identity, Contact, Device, Interaction, Session
Lawful basis for processing: Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security).

Purpose/activity: To monitor the App and any investigation into any infringement of (or alleged infringement of) the Orbit Terms of Service.
Type of data: Identity, Contact, Device, Profile, Interaction, Session
Lawful basis for processing: Necessary for our legitimate interests (to protect our assets and other users of the App or Services).

Purpose/activity: To ensure legal compliance.
Type of data: Identity, Contact, Device, Content, Interaction, Profile, Session, Location
Lawful basis for processing: Necessary to comply with our legal obligations (to comply with applicable laws).

5. COOKIES

We do not collect any cookies.

6. DISCLOSURES OF YOUR PERSONAL DATA

As well as sharing your personal data with other users of the App, we may share your personal data where necessary with the parties set out below for the purposes set out in the table above for which we will use your personal data above.

• Other users of the App – your personal data will be shared voluntarily on the App with other users (i.e., the information on your profile).
• Service providers – external third parties that we may engage to perform functions and/or provide services to us. Please note, we will use reasonable endeavours to enter into agreements with obligations of confidentiality with such service providers.
• Affiliates – other members of the Orbit group for legitimate business purposes.
• Business Transfers – third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Notice.
• Law enforcement / where required by applicable law – we may be required to share your personal data with law enforcement or another third party as required by applicable law.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

7. INTERNATIONAL TRANSFERS

We may transfer your personal data to service providers that carry out certain functions on our behalf. This may involve transferring personal data outside Australia to countries which have laws that do not provide the same level of data protection as Australian law.

Whenever we transfer your personal data out of Australia to service providers, we ensure a similar degree of protection is afforded to it by ensuring that the following safeguards are in place. We will only transfer your personal data to countries that have been deemed by Australia to provide an adequate level of protection for personal data.

We may use specific standard contractual terms approved for use in Australia which give the transferred personal data the same protection as it has in the Australia.

8. DATA RETENTION - HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

In the event that you do not use the App for a period of 12 months then we will treat the account as expired and your personal data may be deleted.

9. YOUR LEGAL RIGHTS

You have a number of rights under data protection laws in relation to your personal data.

You have the right to:

• Request access to your personal data (commonly known as a "subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data in certain circumstances. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request (including, by way of example, where we are required to retain your personal data for a purpose contemplated by section 9).
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data (see the table in section 4 for details of when we rely on your consent as the legal basis for using your data). However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
  • if you want us to establish the data's accuracy;
  • where our use of the data is unlawful but you do not want us to erase it;
  • where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
  • you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

If you wish to exercise any of the rights set out above, please contact us using the contact details contained in section 16. Please be aware that exercising any of the above rights may render the App unable to provide you any Services, in which case we may close and remove your account.

10. NO FEE USUALLY REQUIRED

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

11. WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

12. TIME LIMIT TO RESPOND

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

13. COMPLAINTS

You have the right to make a complaint at any time to the Office of the Australian Information Commissioner (OAIC), the Australian regulator for privacy and data protection issues (www.oaic.gov.au). We would, however, appreciate the chance to deal with your concerns before you approach the OAIC, so please contact us in the first instance.

14. CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

We keep our Privacy Notice under regular review.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us, for example a new address or email address.

15. THIRD-PARTY LINKS

The App may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our App, we encourage you to read the Privacy Notice of every website you visit.

16. CONTACT DETAILS

If you have any questions about this Privacy Notice or about the use of your personal data or you want to exercise your privacy rights, please contact us in the following ways:

• Email address: admin@orbitapp.co.uk
• Postal address: Marvell St Assetco Pty Ltd c/o 268 Canterbury Road, Surrey Hills Victoria Australia