Zert Privacy Notice

Effective Date: 25 July 2024

 

This Privacy Notice (“Privacy Notice”) describes how JoJo Jungle Pty Ltd t/as Zert, ABN: 54 676 124 477a, its respective subsidiaries, affiliates, associated companies, and jointly controlled entities (collectively “Zert,” “we”, “us” or “our”) collect, use, process and disclose your Personal Data through the use of Zert’s mobile applications and websites (respectively “Apps” and “Websites”), as well as products, features and other services nationally, operated by Zert (collectively, “Services”).

This Notice applies to our consumers, agents, vendors, suppliers, partners (such as driver, delivery, and merchant partners), contractors, and service providers (collectively “you,” “your” or “yours”).

“Personal Data” is any information that can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, governmentissued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information, employment information and financial information.  

We typically collect, use, disclose, or otherwise process your Personal Data in accordance with this Privacy Notice with your consent or in compliance with applicable laws, such as where:

• it is required for us to comply with legal requirements;
• it is required for us to enter into or perform a contract with you  
• For our legitimate interests or the legitimate interests of any other persons, including but not limited to the purposes outlined in this Privacy Notice.

1. COLLECTION OF PERSONAL DATA 

We collect your Personal Data when you provide it to us. For example, when you:

• complete a user profile or registration forms (such as your name, contact information, and other identification information where needed);
• provide information to assess your eligibility to provide services as a Zert driver partner or delivery partner (such as your driver’s license information, vehicle information, and background check results);
• interact with our social media pages (such as your social media account ID, profile photo, and any other publicly available data);
• participate in contests or events organised by us (such as the pictures, audio, or videos you may submit, which may include images of yourself);
• verify your identity through various means (such as social media logins, submission of selfie images, or independently verified payment card information);
• fill in demographic information in surveys (such as your age, gender, and other information you may volunteer, such as your marital status, occupation, and income information); and
• agree to take a ride with in-vehicle audio video or both recording features.

When our services are used 

Personal Data may be collected through normal operations or our apps, websites, and services. Some examples are:

• your location information;
• feedback, ratings, and compliments;
• transaction information (such as payment method);
• information about how you interacted with our Apps, Website, or Services (such as features used and content viewed);
• device information (such as hardware model and serial number, IP addresses), file and app names and versions, GPS location, IMEI number, and advertising identifiers or any information that may indicate device or app modification);  
• personal data you enter in messages when you use our in-app communication features and

From other supplies 

We may collect Personal Data, including but not limited to your name, contact information, and other identification information where needed from other sources. Such sources include:

• referral programmes;
• our business partners, such as fleet partners, payment providers, ride-hailing partners, and transport partners;
• insurance and financial providers;
• credit bureaus, alternative credit scoring agencies, and any other credit reporting organisations;     
• publicly available or governmental sources of data;
• when our users add you as an emergency contact;
• when our users add you as a recipient or beneficiary of any use of our Services;
• when you use our in-app chat  
• marketing services providers or partners.

Sensitive Personal Data 

Some of the Personal Data that we collect may be sensitive. This may include Personal Data about your race, national ID information, religious beliefs, background information (including financial and criminal records, where legally permissible), health data, disability, marital status, and biometric data. We collect sensitive Personal Data only with your consent or in strict compliance with applicable laws. If you are required to furnish any documentation or information to us for any Purpose that may contain such sensitive Personal Data (which is not needed for that Purpose), you agree to redact such sensitive Personal Data before providing such documentation or information.

When you provide the Personal Data of other individuals to us 

In some situations, you may provide us with the personal data of other individuals (such as your spouse, family members, or friends). For example, you may add them as your emergency contact when you use the in-app chat or when you add them as recipients or beneficiaries of any use of our Services. If you provide us with their Personal Data, you represent and warrant that you have obtained their consent for their Data to be collected, used, and disclosed as set out in this Privacy Notice.

Zert may use your data for the purposes listed below. (“Purposes”). Additionally, if you use Zert in various capacities (for example, if you use multiple Zert Services or if you are both a driver-partner/delivery partner and a consumer), we may link your Data collected across your various capacities to facilitate your use of our Services and for the purposes described below:     

Providing services and features

Your Data will be used to provide, personalise, maintain, and improve our Apps, Websites, and Services. This includes using your Personal Data to:

• engage you to provide you with Services across our various business verticals;
• create, administer, and update your account;
• process, manage, or verify your eligibility for or application of products, Services, promotions, rewards, and subscriptions with Zert;
• conduct due diligence checks and risk assessments/analysis;
• verify your identity and age (where necessary);
• validate your ride and process payments;
• offer, obtain, provide, facilitate, or maintain insurance or financing solutions;
• track the progress of your trip and detect abnormal trip variations;
• allow you to participate in the loyalty programmes or marketing activities organised by our merchant partners and in collaboration with Zert;
• personalise your App experience (such as recommending products and services relevant to you, identifying your preferences, or otherwise personalise your experience with Zert);
• make your experience more seamless, such as automatically filling in your registration information (such as your name or phone number) from one Service to another Service or when you participate in our surveys;     
• perform internal operations necessary to provide our Services, including troubleshooting software bugs and operational problems. Conducting data analysis, testing, and research. Monitoring and analyzing usage and activity trends;
• protect the security or integrity of the Services and any facilities or equipment used to make the Services available;
• enable communications between our users;
• invite you to participate in our surveys and studies
• enable our partners to manage and allocate fleet resources and
• fulfill the services to you as a data processor, where you have provided consent to the data controller (i.e., the organisation you had purchased goods or services from and for whom Zert is providing services on behalf) for such services to be rendered.

Safety and security

We use your data to ensure our services’ and all users’ safety and security. This includes:

• screening drivers and delivery partners before enabling their use of our Services;
• verifying your identity when you log in to Zert;
• using device, location, profile, usage, and other Personal Data to prevent, detect, and combat fraud or unsafe activities  

Support 

We use Personal Data to resolve user support issues. For example, we may:

• investigate and address concerns;
• monitor and improve our user support responses;
• respond to questions, comments, and feedback; and
• inform you about steps taken to resolve user support issues.

Research and development and security

We may use the Personal Data we collect for testing, research, analysis, and product development. This will allow us to understand and analyse your needs and preferences, protect your personal data, improve and enhance the safety and security of our services, develop new features, products, and services, and facilitate the development of insurance and finance solutions.

Legal purposes

We may use the Personal Data we collect for legal purposes, such as investigating and resolving claims or disputes, detecting/preventing/prosecuting crime, or as allowed or required by applicable law.  

We may also use your Personal Data when required, advised, recommended, expected, or requested by our legal advisors or any local or foreign legal, regulatory, governmental, or other authority.

For example, we may use your Data to:

• comply with court orders or other legal, governmental, or regulatory requirements;
• enforce our Terms of Service or other agreements; and
• protect our rights or property in the event of a claim or dispute.

Marketing and promotions

We may use your Data to send you marketing communications relating to customised products or services (that may be of interest or relevance based on your profile) or Zert’s partners’, sponsors’, and advertisers’ products, services, events, or promotions. For example, we may:

• send you special offers that may be of interest or relevance to you across all of Zert’s service offerings;
• send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings, and
• notify, invite, and manage your participation in our events or activities.

We may communicate such marketing to you by various means (including by SMS, chat applications (e.g., WhatsApp, Viber), push notifications, call, and email).

If you wish to unsubscribe from receiving such marketing communications, please click on the unsubscribe link in the relevant email or message. Alternatively, you may update your preferences in our app settings. While you may opt out of marketing or promotion communications, Zert may still send you account and service-related messages (such as twofactor authentication, transaction information, rewards, etc.).

User Published Content

Suppose you publish content (such as a review or comment) on Zert’s or any other platform such as Google. In that case, it will be shown publicly along with your personal data (such as profile name, uploaded photo(s)), and other information you choose to include in your content. We believe that content contributed by Zert users should be used ethically and responsibly while protecting personal information and privacy. To protect our users and ensure that user-generated content brings a positive and beneficial experience for all. If you are uncomfortable with members of the public (which may include non-Zert users) viewing your review or comment, please do not post it.  

Your words have power, so please remember your social responsibility. To help make available a safe and pleasant experience for everyone, please ensure that you provide honest and truthful reviews or comments that do not contain any of the following content:

1. Inappropriate remarks o  Spam
2. Fake, deceptive, or misleading content o Restricted content o Illegal content o Infringing content o Sexually explicit or indecent content o Offensive content
3. Violent content o   Impersonation o   Advertisements
4. Any personal data that can be associated directly or indirectly with other individuals

We reserve the right, but are not obliged, to take down, delete, or hide reviews or comments or any part(s) thereof if they contain any content that we deem inappropriate in our sole discretion or that violates any law(s) and regulation(s), including without limitation the type of content listed above; or which is otherwise not relevant (such as general political or social commentary).  Any reliance on the reviews or comments shall be at your sole risk. Reviews are the opinion of the relevant individual reviewer only, and accordingly, the accuracy, objectivity, or content of such reviews or comments cannot be guaranteed. To the fullest extent permissible by law, we disclaim all liabilities and responsibilities arising from any reliance placed on such information, and all terms, representations, conditions, or warranties that might otherwise be implied are as a result of this excluded. The reviews or comments may contain inaccuracies and typographical errors and are not intended as advice to be relied upon. The reviews or comments are posted by yourself or other users, and while we make efforts to monitor and moderate the content, we cannot guarantee that they will be accurate. We do not claim ownership of any content that you provide us with.

We need to share personal data with various parties for the following purposes: These parties include:

Additional users 

For example:  

• If you are a passenger of driver partners, we may share your username pick-up and drop-off locations with our driver-partner fulfilling your service request;
• if you are a driver partner, we may share your Personal Data with your passenger, including your name and photo; your vehicle make, model, number plate, location, and average rating;
• if you are participating in loyalty programmes or marketing activities organised by our merchant partners, we may share your Data with them, including your name and contact details;
• if you are a delivery partner, we may share your Personal Data with your selected merchant partner and user, including your name and photo; your vehicle make, model, location, and average rating;
• If you use our in-app chat service, we may share your mobile number and Zertregistered name with the other parties in your chat.

With Zert’s service providers and business partners

We may provide Personal Data to our vendors, consultants, marketing partners, research firms, and other service providers or business partners. This includes:

• payment processors and facilitators;
• debt collectors;       
• credit bureaus, alternative credit scoring agencies, and any other credit reporting organisations;
• background check and anti-money laundering service providers;
• cloud storage providers;
• document storage and management providers;
• advertising and marketing partners and platform providers;
• data analytics providers;
• research partners, including those performing surveys or research projects in partnership with Zert or on Zert’s behalf;
• educational and training institute partners;
• fleet and merchant partners;
• insurance and financing partners;     
• third-party intermediaries involved in the managed investment of funds, such as brokers, asset managers, and custodians;
• service providers who perform identity verification services and
• vehicle solutions partners, vendors, or third-party vehicle suppliers.

For example:

With our legal advisors and governmental authorities 

We may share your Personal Data with our legal advisors, law enforcement officials, government authorities, and other third parties. This may take place to fulfill the legal purposes (mentioned above) or any of the following circumstances:

• Where it is necessary to respond to an emergency that threatens the life, health, or safety of a person or
• where it is essential in the public interest (e.g., in a public health crisis, for contact tracing purposes and safeguarding our community).

Business transfers 

We may share your Personal Data with other parties concerning any acquisitions, sales, mergers, joint ventures, consolidation, restructuring, financing or any other type of business transaction. Your Data will, however, remain subject to our obligations made in any preexisting Privacy Notice you have agreed to.

We retain your Data for the period necessary to fulfill the purposes outlined in this Notice unless a more extended retention period is required or allowed by law. Once your Personal Data is no longer necessary for the Services or Purposes, or we no longer have a legal or business purpose for retaining your Personal Data, we take steps to erase, destroy, anonymise, or prevent access or use of such Personal Data for any purpose other than compliance with this Notice, or purposes of safety, security, fraud prevention, and detection, per the requirements of applicable laws.  

Cookies 

Zert and third parties with whom we partner may use cookies, web beacons, tags, scripts, local shared objects such as HTML, advertising identifiers, and similar technologies (such as software development kits (SDKs), which have similar functions to cookies and which may be installed in the Zert App to allow partners to collect certain information about your interaction with the Zert App) (collectively, “Cookies”) in connection with your use of the Websites and Apps, which may be persistent or stored only during an individual session on your browsers or devices.  

Cookies may have unique identifiers and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may be used for various purposes, such as:

• provide the essential, basic functions of the use of our Websites, Services, or Apps;
• authenticate you, or remember your user preferences and settings;
• delivering and measuring the effectiveness of advertising campaigns, such as by measuring the number of views or clickthroughs;
• analyse site traffic and trends;  
• serve you relevant advertisements across other apps and websites owned by other companies (whether by us or by other advertisers) and
• enhance user interface and experience by generally understanding the online behaviors and interests of users who interact with our Website, Services, or Apps.

Zert may allow third parties to use Cookies on the Websites and Apps to collect the same type of Personal Data for the same purposes Zert does for itself. Third parties may be able to associate the Personal Data they collect with other Personal Data they have about you from other sources. We do not necessarily have access to or control over the Cookies they use.

Disabling the collection of cookies on our websites  

You can choose to disable, block, or deactivate cookies. However, refusal or removal of some cookies could affect the availability, functionality, or use of our Website, Services, or Apps.

You may adjust your internet browser settings to disable, block, or deactivate cookies, delete your browsing history, or clear the cache from your internet browser. The settings may be contained within the “History,” “Preferences,” “Settings,” or “Privacy” sections of your internet browsers, or you may otherwise consult the help section of your internet browser for more information.  

Disabling the display of Targeted Ads on other platforms   

We may facilitate the display of targeted advertising on other platforms, such as online platforms that you may be a user of.  

You may be able to limit our use of your Personal Data to display targeted advertisements on behalf of our advertisers by adjusting your preference through our Zert App. Depending on the type of phone and operating software that you are using, you may be granted the option to turn off our use of mobile identifiers (such as Apple’s IDFA or Google’s GAID) and the ability to track you across apps and websites owned by other companies by adjusting the settings available on your mobile devices. By changing the settings on your device, you can typically reset, delete, limit, or otherwise restrict the use of such mobile identifiers.

Although we will not use your Data to show you such targeted advertisements on other platforms, you may still see generic ads that appear relevant to you. This may be because we have engaged third-party advertisers/platforms to display ads to users with specific attributes or demographic makeups who may find them relevant. You may limit your viewing of these advertisements by managing your preferences on these platforms.

We will take reasonable legal, organisational, and technical measures to protect your Data. This includes measures to prevent Personal Data from getting lost, used, or accessed in an unauthorised way. We limit our employees’ access to your data on a need-to-know basis. Those processing your Personal Data will only do so in an authorised manner and are required to treat your information with confidentiality.

Nevertheless, please understand that the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted through any online means; therefore, any transmission remains at your own risk.

Per applicable laws and regulations, you may be entitled to:

• inquire about the processing of your Personal Data and be provided with a copy of it;
• in some cases, request the correction or deletion of your Personal Data;
• in some cases, request the restriction of or object to the processing of your Personal Data;
• withdraw your consent to the processing of your Personal Data within our possession or control (and where we are processing your Personal Data based on your consent);
• request receipt or transmission to another organisation, in a machine-readable form, of the Personal Data that you have provided to us where we are using your Personal Data based on consent or performance of a contract; and  
• complain to the relevant data privacy authority if your data privacy rights are violated or if you have suffered detriment due to the unlawful processing of your Personal Data.

Where you are given the option to share your Personal Data with us, you can always choose not to do so. If we have requested your consent to processing and you later decide to withdraw it, we will respect that choice per our legal obligations. However, choosing not to share your Personal Data with us, withdrawing your consent to our use of it, or your agreement with our Privacy Notice could mean that we are unable to perform the actions necessary to achieve the purposes of processing described in Section 2 (Use of Personal Data) or that you are unable to make use of App or the Services.  

After you have chosen to withdraw your consent, we may be able to continue to process your Data to the extent required or otherwise permitted by applicable laws and regulations.

We will screen and verify all requests beforehand. To confirm your authority to make the request, we may require you to provide supporting information or documentation to corroborate the request. Once verified, we will take effect on your request within the timelines prescribed by applicable laws.

Zert may modify, update, or amend the terms in this Privacy Notice at any time. You shall be notified of such amendments through the application or other appropriate means at least five (5) business days before the effective date. The updated version will be posted on the website https://www.zert.com.au. It is your responsibility to review the Privacy Notice regularly. Your continued use of the Apps, Websites, or Services, purchasing products from Zert, or continuing to communicate or engage with Zert following the modifications, updates, or amendments to this Notice, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

If you have any queries about this Notice or would like to exercise the rights set out in this Notice, please get in touch with Zert through the Contact Us section of our App or website.