Privacy Policy & End User Agreement
Kudos Travel Technology Pty Ltd ACN 107 926 036
Adopted: November 2021
General | Kudos Travel Technology Pty Ltd ACN 107 926 036 and its related entities (referred to in this policy as ‘we’, ‘us’ or ‘our’) recognises that your privacy is very important and we are committed to protecting the personal information we collect from you, including via our website www.kudos.travel (Site) and our travel management platform However, we are not required to comply with the provisions of the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APP) and while not purporting to be a statement of compliance with the Privacy Act, this policy sets out how we will collect, use, disclose and otherwise manage your personal information. If you do not agree with this policy, you must not access or use our Site, Platform or interact with any other aspect of our business. |
Collection | Types of information collected From time to time, we may collect and hold personal information about you, that is, information that can identify you, and is relevant to providing you with the services you are seeking. Such information can include your name, date of birth, contact details (including address, email address, phone & fax number), gender, passport and visa details (including your photo, biometrics & nationality/citizenship), national ID card details, emergency contact details (including next of kin), employment details (including ID number, position & employment status), voice profiles, traveller preferences (including loyalty programs and mobility/impairment requirements), financial information (such as credit card), and information about how you use our Platform or Site. This is not an exhaustive list. We may need to collect additional information about you from time to time if it is reasonably necessary for or directly related to the performance of our functions and activities. You might also need to provide us with personal information about other individuals (e.g. your authorised representatives). If so, we rely on you to inform those individuals that you are providing their personal information to us and to advise them about this policy. Purpose of collection The type of personal information that we collect and hold about you depends on your interaction with us. Generally, we will collect, use and hold your personal information for the purposes of:
We may also collect your personal information for other specific purposes not listed above where we have your prior consent. For example, we may use your personal information as part of our marketing activities such as including an authorised testimonial or review of Kudos and the Platform which includes your personal information. Method of collection Personal information will generally be collected directly from you through the use of any of our standard forms (such as when you enter into an agreement with us, use our Platform, contact us with a query or request or submit your details through our Site or by email). We may also collect information other than directly from you in instances where it may be unreasonable or impractical to do so, for example:
We will usually notify you about these instances in advance, or where that is not possible, as soon as reasonably practicable after the information has been collected. Where possible, we will inform you (at the time of requesting personal information) if certain information must be provided or if it is optional. We will also inform you of the consequences should you not wish to provide the requested personal information. If you choose not to provide certain information about you, we may not be able to provide you with the services you require, or the level of service on which we pride ourselves. Further, if the personal information you provide to us is incomplete or inaccurate, we may be unable to provide you, or someone else you know, with the services you, or they, are seeking. If you wish to deal with us anonymously (or by providing a pseudonym), we will generally be unable to provide you with the products or services you are seeking. Internet users If you access our Site or the Platform, we may collect additional personal information about you including your web browser details, device details, IP address, time zone, cookie information, what sites or products you view, search terms and how you interact with our Site and Platform. The purpose of such collection is to load the Site and Platform accurately for you, to perform analytics on Site and Platform usage and to optimise our Site and Platform. Our Site may also use cookies. The main purpose of cookies is to identify users and to prepare customised web pages for them. Cookies do not identify you personally, but they may link back to a database record about you. We may use cookies to monitor usage of our Site and to create a personal record of when you visit our Site and what pages you view so that we may serve you more effectively. You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our Site may no longer be fully accessible. Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. Our Site may contain links to other websites. We are not responsible for the privacy practices of linked websites and linked websites are not subject to our privacy policies and procedures. When you leave our Site, we encourage you to read the privacy policy of every website you visit. Our Site may use web beacons from time to time. Web beacons (or clear gifs) are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. When you visit the Site, certain information may be collected such as browser type, and operating system. We also use Google Analytics to help us understand how our users interact with the Site. Google Analytics anonymously tracks how users interact with the Site, including where they came from, what they did on the Site and whether they completed any transactions on the Site. You can read more about how Google uses your personal information here: https://policies.google.com/privacy?hl=en. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. |
Use and disclosure | General principles How we use and disclose the information we collect depends in part on which services you use, how you use them, and any preferences you have communicated to us. Generally, we only use or disclose personal information about you for the purposes for which it was collected (as set out above) or for purposes which are directly related to one or more of our functions and activities. We may also disclose personal information about you to:
We require all third parties to respect the security of your personal information 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 and in line with this policy. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, courtorder, subpoena, warrant, during legal proceeding or in response to a law enforcement agency request. We may also use your personal information to protect our intellectual property other legal rights, property or safety of us, its clients or third parties. Disclosure protocols and overseas arrangements Whenever we transfer or disclose your personal information, we take steps to protect it. This includes adopting industry standard security protocols when transferring personal information, particularly over the internet and to parties located outside of Australia. As part of operating our business as a travel management provider, the personal information that we collect from you may, from time to time, be stored, processed in, or transferred between parties located in countries outside of Australia. Our service and data hosting providers as at the date of this policy include Amazon Web Services, Abbyy, Google Apps, Google Drive, Atlassian, Slack, TokenEx, Amadeus, Tramada, Concur, Atriis, Dolphin, Serko, Troovo, Sabre and Travelport, who have servers located around the world. Further, because our devices (including computers & storage devices) and Platform integrate with a multitude of other global partners, users and service providers, you acknowledge and accept that your personal information may be processed, transferred and stored in jurisdictions outside of Australia. We are not otherwise likely to disclose your personal information overseas, except as permitted by the Privacy If your personal information is transferred to an overseas recipient, the Sale of personal information We will not sell your personal information in the ordinary course of business. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer, to the extent permissible at law, our user databases, together with any personal information and other information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances. Consent By providing us with personal information, you consent to the terms of this Policy and the types of disclosure covered by this policy. Where we disclose your personal information to third parties, we will endeavour to request that the third party follows this policy regarding handling your personal information, but we cannot guarantee such third parties will agree to do so. |
How we use your | We may also use your information so that we, our related entities, and other business partners can promote and market products, services and special offers that we think will be of interest to you (which may include products, services and offers provided by a third party). We will only use your personal information for this purpose if we have collected such information directly from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive information in direct marketing activity. This marketing may be carried out in a variety of ways (including by email, SMS/MMS, or social media) and may continue after you cease acquiring any products or services from us until you opt-out by contacting us using the contact details set out in the Contact section of this policy. |
How we hold your | As a PCI Data Security Standard compliant organisation, the security of your personal information is of paramount importance to us. We store your personal information in different ways, including in paper and in electronic form. Any bank or credit card details you provide and that we store will be encrypted, and any tax invoices we issue to you will not display your full bank or credit card details, for your added protection. We take all reasonable measures to ensure that your personal information is stored safely to protect it from misuse, loss, unauthorised access, modification or disclosure. While we implement safeguards designed to protect your personal information, no security system is impenetrable and due to the inherent nature of the internet, we cannot guarantee that information, during transmission through the internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. If you would like to learn more about our specific security policies and practices, please contact us using the details noted in the ‘Contact’ section below. How long we keep information we collect about you depends on the type of information. If we no longer need your personal information for the purposes for which it was collected or for purposes which are directly related to one or more of our functions and activities, we will take reasonable steps to securely destroy it or permanently remove all |
How you can access your personal information | You have certain choices available to you when it comes to your personal information. Below is a summary of those choices, how to exercise them and any limitations. We take all reasonable steps to ensure that the personal information we hold, use and disclose is accurate, complete and up to date. You may access the personal information we hold about you, upon We may decline a request for access to personal information in circumstances prescribed by the Privacy Act, and if we do, we will give you a written notice that sets out the reasons for the refusal (unless it would be unreasonable to provide those reasons). If, upon receiving access to your personal information or at any other time, you believe the personal information we hold about you is inaccurate, incomplete or out of date, please notify us immediately. If we refuse to correct your personal information, we will give you a written notice that sets out our reasons for our refusal (unless it would be unreasonable to provide those reasons), including details of the mechanisms available to you to make a complaint. |
GDPR | If you are an individual in a country in the European Economic Area (EEA), we may be required to comply with:
(collectively GDPR) which apply to us when processing the personal information of individuals (data subjects) who are in countries in the EEA in relation to offering you our services or if we monitor any of your behaviour when in those countries. In some circumstances, the GDPR provides additional protection to individuals located in the EEA. Where this is the case, there may be additional rights and remedies available to you under the GDPR if your personal information is handled in a manner inconsistent with that law. Please refer to Annexure A which sets out our GDPR policy in more detail. If you are an individual in a country in the EEA and there is any conflict between the content of this Privacy Policy and the GDPR Policy in Annexure A, the content of Annexure A will prevail. |
Complaints | You may use the contact details below to notify us of any privacy complaint you have against us, including if you think that we have failed to comply with the APP or any binding APP code that has been registered under the Privacy Act. We are committed to acknowledging your complaint in a prompt manner and will give you an estimated timeframe for when we will respond to your complaint. If you are unhappy with the way that we handle your complaint you may make your complaint to the Office of the Australian Information Commissioner. In the UK, you can contact the Information Commissioner's Office (ICO), the UK regulator for data protection issues (http://www.ico.org.uk). For locations in the EU, please contact your local regulator for data protection issues. |
Contact | If you have any queries or concerns about our privacy policy or the way we handle your personal information, please contact our privacy officer at: Postal address: Level 38, 71 Eagle Street, Brisbane, QLD Australia 4000 |
Changes to our privacy | This policy is subject to change at any time. Please check our policy on our Site regularly for any changes. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us. |
More information | For more information about privacy in general, you can visit the Office of the Australian Information Commissioner website at http://www.oaic.gov.au/. In the UK, you can contact the Information Commissioner's Office (ICO), the UK regulator for data protection issues (http://www.ico.org.uk). For locations in the EU, please contact your local regulator for data protection issues. |
Annexure – GDPR
Controller
Kudos Travel Technology Pty Ltd is the controller and responsible for your personal data (collectively referred to as “Kudos”, "we", "us" or "our" in this GDPR Annexure).
1. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you and your family members which we have grouped together as follows:
Identity Data includes first name, last name, photograph, username or similar identifier, employment position, marital status, title, date of birth, passport number, national ID card data, visa details and gender.
Contact Data includes billing address, delivery address, email address, fax number and telephone numbers and those of your next of kin and emergency contact.
Financial Data includes payment card details.
Transaction Data includes details about payments to and from you and other transactions on the Platform.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site.
Profile Data includes your username and password, transactions processed on the Platform, your interests, travel preferences, traveller documentation (memberships, passports, visa and vaccine details) feedback and responses to questions.
Usage Data includes information about how you use our Site and Platform.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Platform feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We explicitly collect Special Categories of Personal Data about you (this includes biometric data and data relating to any disability or impairment you may have as part of your traveller preferences). If you provide any other Special Categories of Personal Data, we will not process such data.
2. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
subscribe to our Platform or publications;
complete a survey; or
give us feedback or contact us.
Automated technologies or interactions. As you interact with our Site, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see the “Internet Users” section above.
3. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by following the opt-out links on any marketing message sent to you or contacting us using the details in the “Contact” section above.
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 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.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity | Type of data | Lawful basis for processing |
|---|---|---|
To register you as a new client | (a) Identity (b) Contact | Performance of a contract with you |
To process and deliver the Platform to you including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us | (a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) |
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey | (a) Identity (b) Contact (c) Profile (d) Marketing and | (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how clients use our Platform) |
To administer and protect our business, our Platform and Site (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity (b) Contact (c) Technical | (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
To use data analytics to improve our Platform, Site, marketing, client relationships and experiences | (a) Technical (b) Usage | Necessary for our legitimate interests (to define types of clients for our Platform, to keep our Site updated and relevant, to develop our business and to inform our marketing strategy) |
To make suggestions and recommendations to you about our Platform that may be of interest to you | (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and | Necessary for our legitimate interests (to develop our Platform and grow our business) |
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
4. INTERNATIONAL TRANSFERS
Many of our external third parties are based outside the UK and the EU so their processing of your personal data will involve a transfer of data outside the UK or EU, as appropriate.
Whenever we transfer your personal data out of the UK or EU, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data; or
Where we use certain service providers, we may use specific contracts approved for use in the UK or EU, as appropriate, which give personal data the same protection it has in the UK or EU, as appropriate.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or EU.
5. 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.
In any event, we will not retain your personal data for more than 5 years following the end of our relationship with you unless we are legally required to keep information on clients (including Contact, Identity, Financial and Transaction Data) for tax purposes in which case we will keep that information for 7 years following the end of our relationship.
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.
6. YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a "data 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. 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.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in 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.
You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
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. 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.
If you wish to exercise any of the rights set out above, please contact us. 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.