PADL Software Pty Ltd dba Lukktone

PADL Software Pty Ltd dba Lukktone (“PADL”) complies with the Australian Privacy Principles which can be found at https://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/sch1.html. In relation to each principle PADL complies as follows (numbers in [] relate to applicable provisions of the Australian Privacy Principles):

Open and Transparent management of Personal Information [1]
1. This document sets out PADL’s policies in relation to the management of personal information [1.3], [1.5] and [5].
2. This document can be found at moodcircle.me/privacy and is available upon request by sending an email to privacy@moodcircle.me [1.3] [1.5].
3. PADL collects, holds, uses and discloses information collected from you solely [1.4(c)]:
  1. to enable you to purchase goods and services from PADL and its partners and suppliers who may be located overseas [1.4(f)];
  2. to enable PADL and its partners and suppliers who may be located overseas [1.4(f)] to deliver those goods and services to you;
  3. to enable PADL and its partners and suppliers who may be located overseas [1.4(f)] to market further goods and services to you and others [6], [7.2], [7.3(b)]; and
  4. to provide you with a better customer, website, application and email experience.
4. The Mood Circle application (“the Application”) collects information from you (“your data”), including, without limitation [1.4(a)], [5]:
  1. the date and time at which a mood was selected;
  2. the mood selection itself;
  3. any notes you make; and
  4. your location as reported by your device, if you consented to enabling location services for the Application
5. If you have an iCloud account and have not disabled iCloud synchronisation for the Application, your data is:
  1. stored on your devices and synchronised at regular intervals to iCloud;
  2. not shared with PADL or any third parties, except to the extent necessary to synchronise it with iCloud;
  3. encrypted with your CloudKit Service Key and only available after you have authenticated with iCloud;
  4. held on Apple and its partners’ and suppliers’ information systems which may be located outside Australia and with third-party providers [1.4(f)] [5.2(i)]. It is not practicable to specify the countries in which such Apple’s and partners information systems are located as they change from time to time without notice [1.4(g)], [5.2(j)];
6. Your data can be deleted by navigating to Settings > Mood Circle > Reset and re-opening the Application. You must do this on all devices on which you have installed the Application.
7. In the event you or the Application access a website controlled by PADL (including, without limitation, lukktone.com and moodcircle.me), PADL may collect information from you, including, without limitation [1.4(a)], [5]:
  1. information that you supply to PADL [1.4(b)];
  2. information that you enter when prompted to do so [1.4(b)];
  3. information that is reasonably necessary for the purpose set out in in paragraph 1.3 above [1.4(c)];
  4. information about how you used the website and Application including, without limitation, when, how and where you used it [1.4(b)]; and
  5. information collected from your device including, without limitation, browser details and IP address [1.4(b)]
8. In relation to the information in paragraph 1.7 above:
  1. That information is held in PADL’s and its partners’ and suppliers’ information systems which may be located outside Australia and with third-party providers [1.4(f)] [5.2(i)]. It is not practicable to specify the countries in which such PADL’s and partners information systems are located as they change from time to time without notice [1.4(g)], [5.2(j)];
  2. The entity which collects the information in the first instance is PADL. It may be contacted by appsupport@moodcircle.me [1.4(d)], [5.2(a)];
  3. You can gain access to that information or seek the correction of that information or make a complaint by sending an email to privacy@moodcircle.me [1.4(d)], [1.4(e)] [5.2(g)] [5.2(h)];
  4. That information is collected for the reasons set out above in paragraph 1.3 above;
  5. That information is not disclosed to any party other than for the purpose set out in in paragraph 1.3 above [3.2];
  6. There is no law that requires collection of that information (save for shipping purposes in some cases); and
  7. If you do not provide that information then PADL is unable to supply any goods and services to you or permit you to use the website, application or receive the goods and services offered by PADL and its partners and suppliers.
9. The information is collected from you and your device. [1.4(b)], [3.5], [3.6].
Anonymity [2]
1. Where lawful and practicable, PADL shall provide you with the option of not identifying yourself when entering into a transaction. [2.1]
Transborder data flows [8]
1. No information collected from you shall be transferred to a foreign country other than to say that PADL uses iCloud, Azure, Amazon Web Services and other similar third-party cloud providers in its sole discretion from time to time. Accordingly, it may be the case depending on PADL’s and the third-party cloud provider's operational requirements that your data may be stored in a country which does not have Privacy Laws comparable to Australia and you hereby consent to same.This document applies to any such data.
Identifiers[9]
1. PADL shall not use as an identifier (save for your ABN) any identifier which has been assigned by an agency, an agent of an agency acting in its capacity as agent; or a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.
2. PADL shall not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider unless the provisions in [9] are satisfied.
Data Quality [10]
1. PADL shall take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that it collects about you is accurate, up to date and complete.
2. PADL shall take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that it uses and discloses about you is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant.
Data security [11]
1. PADL shall protect the information that it collects from misuse, interference, loss and unauthorised access, modification and disclosure.
2. PADL shall destroy or permanently de-identify information if it is no longer needed for any purpose for which the information may be used or disclosed.
Access and correction [12]
1. Subject to the limitations set out in [12] and [13], you can obtain access to the information and request correction of the information as set out in paragraph 1.8(c) above.
2. If PADL denies access or refuses to correct information it will consider ways of giving access in a way that meets the needs of the entity and the individual and provide reasons for its decision [12.9] [13.3].
3. If the information is not accurate, complete and up to date, PADL shall promptly update any information that it collects about you to ensure that it is accurate, complete and up to date [13.1] and notify others to whom it has disclosed same [13.2].
4. If there is a disagreement about whether or not the information is accurate, complete, up to date, relevant and not misleading and you ask for a statement to be associated with that information PADL shall do so. [13.4].
5. There is no fee for providing access to, updating the information or providing reasons. [12.8], [13.5]
PADL and Partners’ Privacy Policy
1. PADL uses the following partners and suppliers to provide goods and services (and further goods and services to you). The information collected, used and disclosed by and from those entities [3.6(b)], [5.2(b)] is subject to those entities’ respective Privacy Policies which can be found at the following URLs and may be updated from time to time without notice.
  1. https://www.apple.com/legal/privacy/en-ww/