1. Privacy generally

This privacy policy applies to the handling of personal information by Simbl Pty Ltd (ABN 72 655 880 612) (Simbl, we, us, our).

Simbl understands the importance of protecting the privacy of an individual’s personal information. This privacy policy sets out how Simbl aims to protect the privacy of your personal information, your rights in relation to your personal information managed by Simbl and how Simbl collects, holds, uses, discloses, and otherwise manages, your personal information, including when you visit the website https://simbl.com/ (the Website) all associated sub-domains or download and use our various applications for individuals, companies or schools (each, a Simbl App or together, the Simbl Apps) in relation to the recycling rewards, Simbl crypto asset, creation of product labels, product and services subscriptions, establishment of profiles and other services we provide. 

Please read this Privacy Policy carefully. If you do not agree with the terms of this privacy policy, please do not use our services or access any Simbl App (including by downloading, installing or using any Simbl App).

In collecting, holding, using, disclosing and otherwise managing your personal information, Simbl will comply with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles in the Privacy Act. 

Simbl will regularly review its policies and procedures regarding personal information and may therefore update and amend this privacy policy from time to time. Any updated privacy policy will be made available on the Website at https://simbl.com/privacy-policy or can otherwise be obtained by contacting us and requesting a copy.

2. Kinds of personal information collected 

Personal information includes information or an opinion about an identified, or reasonably identifiable, individual. This includes where personal information relates to an individual in their capacity as an employee, representative or member of an organisation, body corporate, or school. During the provision of our products and services or as a result of our other interactions or dealings with you, Simbl may collect your personal information.
 

The kinds of personal information that Simbl collects will vary depending on our particular interaction or dealing with you. However, generally speaking, the kinds of personal information Simbl collects may include: 

1. contact and identification information such as your name, address, telephone number, email address, social media handles and date of birth; 
2. information about you in relation to the organisation, body corporate or school which you represent, engage with us on behalf of, or are otherwise a member of, including for the purpose of know-your-customer (KYC) identification requirements that Simbl is subject to;
3. transaction information relating to the earning and spending of recycling rewards or ‘SimBux’, including details of the products with barcodes or QR codes that you scan, details of where these products are recycled (ie the GPS location of where your bins and phone is located when recycling relevant products) and transaction details for where the Simbl rewards are spent, sent or otherwise redeemed;
4. where you are an employee, representative or member of a school we may collect information about your school such as school name, email contact addresses of school staff and other information required to administer the school recycling app; 
5. where you are an employee, representative or member of a company or other organisation, we may collect information about the company or other organisation and your role within that company or other organisation; 
6. details regarding your recycling habits such as the types of products you recycle and where you recycle them; 
7. your testimonials, feedback and complaints or information you disclose to our support team;
8. information about your reasons for downloading the relevant Simbl App or otherwise acquiring products or services from us;
9. information about how you were referred to our website and/or the relevant Simbl App; and
10. details regarding your navigation on and use of our website and/or the relevant Simbl App, including login information and device information. 

 

We also collect internet/technology related information from visitors to our site or users of the Simbl Apps, including the referring URL, your IP address, which browser you used to come to the site, the browser user agent string, cookie information, any relevant webhooks, the country, state or province, the pages of our site that you viewed during your visit and any search terms entered on our site. 

From time to time, we may need to collect additional types of information to verify your identity or to meet legal and regulatory obligations (including obligations under the Anti-Money Laundering and Counter Terrorism Financing Act (Cth) or any other relevant laws). Where that is necessary, we will ask you to provide such information.

Simbl may also hold other kinds of personal information as permitted or required by law or other kinds of personal information that we notify you of at or about the time of collection.

Where your identity is verified through facial recognition, your biometric information will only be used for this purpose and we will not collect or hold any biometric information following verification of your identity.

Generally, we do not collect other sensitive information about individuals. Information about your health, racial or ethnic origin, political persuasions, criminal record and religious or philosophical beliefs are all examples of sensitive information. If we do need to collect sensitive information about you, we will only do so with your consent or where we are required to do so by law.
 

3 Collection of personal information by Simbl

Generally, Simbl collects your personal information directly from you. For example, Simbl may collect your personal information:

 

• when you download any of the Simbl Apps, create an account or otherwise provide us with your details; 
• where you use our websites or any of the Simbl Apps or otherwise interact with us; 
• when you scan a Simbl QR code; or 
• if you post information to any of our social media sites, follow our social media accounts or tag or refer to us in any social media posted on your social media accounts, such as Instagram, TikTok, LinkedIn, Facebook, X, YouTube or Threads.
   

 

There may be occasions when Simbl collects your personal information from someone other than you, for example:
 

 

• from your bank or other relevant financial institutions in order to provide our products or services to you;
• from businesses participating in the Simbl ecosystem where you have registered to be on their distribution list;
• from our third party identity verification service providers; 
• from our third party payment providers; 
• from anyone authorised or acting on your behalf; 
• from our affiliated or related entities; 
• where you interact with us on behalf of or as an employee, representative or member of an organisation (such as your employer or a school), we may collect information about you from that organisation. For example if your employer or school adds you as a user of the Simbl Apps we may collect information about you from that organisation; or 
• from a publicly maintained record or other publicly available sources of information including social media and similar websites.

 

Generally, Simbl will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect that personal information from you.  

4. Purposes for which personal information is used

We collect, hold, use and disclose your personal information for the following purposes:

 

• to provide you with access to our products or services including our rewards services and our Simbl crypto-asset products and services;
• to conduct our business including to operate our blockchain based recycling rewards system;
• to offer and promote our products or services, including advising you of products in the Simbl ecosystem which can be recycled.;
• to enable us to supply you with information you request from us;
• to process your transactions in relation to or utilising the Simbl products and services and send notices about such transactions;
• to prevent and investigate potentially prohibited or illegal activities, including anti-money laundering and counter-terrorism purposes;
• to verify your identity or the identity of the organisation, body corporate or school which you represent or are otherwise a member of, including by comparing your personal information against third party databases;
• to obtain your feedback regarding our products and services or to conduct other market research; 
• to address service requests and resolve user questions and disputes, troubleshoot problems, and deliver service update notices;
• to undertake direct marketing (as detailed in paragraph 5 below); 
• to allow businesses participating in the Simbl ecosystem to undertake indirect marketing based on the location of social media accounts linked with the Simbl Apps;
• to encourage you to participate in Simbl campaigns and activities, such as campaigns and activities to boost the number of companies participating in the Simbl programs;  
• to analyse information we collect so that we can administer, support, improve and develop our business, products and services we offer; and
• to comply with the obligations of Simbl under any applicable laws.

 

In addition to the purposes listed above, Simbl may use your personal information for other purposes which we notify you of when we collect the information and for purposes otherwise permitted or required by law. 

Where personal information is used or disclosed, Simbl takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to Simbl. However, without certain information from you, Simbl may not be able to provide products, services or information to you or may be limited in how we can interact with you.

5. Direct marketing 

In addition to the purposes outlined in paragraph 4 above, Simbl may use and disclose your personal information in order to inform you of promotions, offers, products or services that may be of interest to you, which may include promotion, offers, products or services of other companies within the Simbl ecosystem. This may include Simbl disclosing your personal information to our affiliated or related entities, including so that the related or affiliated entity can contact you for such direct marketing purposes. If you do not wish to receive such communications from Simbl, you can opt-out by contacting Simbl via the contact details set out in paragraph 11 of this privacy policy, via contacting our social media accounts at @simblrecycling or @simbl or through the opt-out mechanism contained in a marketing communication to you.  

6. Disclosure of personal information 

Simbl discloses your personal information for the purpose for which Simbl collects it. As a result, generally, Simbl will only disclose your personal information for a purpose set out in paragraphs 4 and 5 of this privacy policy. This may include disclosing your personal information to:

 

• related or affiliated companies of Simbl;
• our recycling partners, being companies who manufacture or sell products bearing a Simbl QR code where you use that QR code to engage with us;
• our service providers and contractors and other third parties that provide products or services to us (including our technology service providers or merchant/payment service providers);
• third party identity verification and screening services providers in order to prevent fraud and other illegal activity. This allows Simbl to confirm your identity by comparing the information you provide us to public records and other third party databases. These service providers may create derivative data based on your personal information that can be used solely in connection with provision of identity verification and fraud prevention services;  
• people or entities considering acquiring an interest in Simbl’s business or assets;
• Simbl’s professional advisors including lawyers, accountants, insurers and auditors; and
• government agencies, regulatory bodies and law enforcement agencies, or other similar entities. 

 

Simbl may also disclose your personal information for other purposes if we notify you of the disclosure at or about the time of collecting the information, we have otherwise received your consent, or the disclosure is required or authorised by law.
 

If you post information or other content to public sections of our websites or to our social media sites, you acknowledge that the information or content may be viewed by the public and/or users of the relevant website or social media site.
 

Transaction information related to your use of our rewards program, Simbl crypto asset or other services will be held on our databases, may be held on a blockchain and may also be recorded in smart contracts held on a blockchain. We will not disclose your personal details on a blockchain. Blockchains are distributed ledgers, intended to record transactions across wide networks of computer systems. Transactions recorded on a blockchain cannot be altered and only parties who have been granted permission can see the results. Many blockchains are open to forensic analysis which can lead to deanonymisation and the unintentional revelation of private financial information, especially when blockchain data is combined with other data. Because blockchains are decentralised or third-party networks that are not controlled or operated by Simbl or its affiliated or related entities, we are not able to erase, modify, or alter personal information from such networks.

7. General Data Protection Regulation (GDPR) for the European Union (EU)

Simbl adhere to Australian Privacy Principles contained in the Privacy Act 1998 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).

 

• Simbl will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
• We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.
• We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
• We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose.
• We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
• We process your personal information it it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
• We do not collect or process any personal information from you that is considered “Sensitive Personal Information: under the GDPR such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and accordance with GDPR.
• You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.
• You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.

 

         Your rights under the GDPR

 

• If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Simbl complies with your rights under the GDPR as to how your personal information is used and controlled it you are an individual residing in the EU
• Except as otherwise provided in the GDPR, you have the following rights:

1. to be informed how your personal information is being used;
2. access your personal information (we will provide you with a free copy of it);
3. to correct your personal information if it is inaccurate or incomplete;
4. to delete your personal information (also known as “the right to be forgotten”)
5. to restrict processing of your personal information for your own purposes;
6. to object to your personal information being used; and
7. to object against automated decision making and profiling.

 

 

• Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.
• We may ask you to verify your identity before acting on any of your requests.

 

8. Overseas disclosures or transfers
 

 

• Some of the parties that Simbl discloses your personal information to may be located outside Australia such as third party providers or contractors. We will store your personal information on our servers, which may be located in the United States, Singapore and Ireland.
• We take reasonable steps to ensure that any such overseas recipients do not hold, use or disclose your personal information in a way that is inconsistent with the obligations imposed under the Privacy Act and the Australian Privacy Principles in the Privacy Act.  
• Any transfer of data between countries of Simbl group related entities will be protected by appropriate safeguards, these include one or more of the following; the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a cope of which you can obtain from the Simbl Recycling Data Protection Officer.
• The hosting facilities for Simbl Apps and Website are situated in the USA, Singapore and Ireland. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Simbl’s Data Protection Officer.
• Our Suppliers and Contractors are situated in Australia, the United Arab Emirates, France and the USA, and may include other locations in the future. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Simbl’s Data Protection Officer.

 

You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

9. Links to other websites 

When you access our websites or other online services, we may provide as a convenience to you links to other websites, including sites operated by our partners, associates, or independent third parties. These links are provided as a convenience to you. Each website has its own privacy practices, as described in that site’s privacy policy. Those practices may be different than the practices described in this privacy policy, and we encourage you to read each website’s privacy policy carefully before you use or submit information to that site. Additionally, to the extent that you follow a link to a website operated by an independent third party, please be aware that we may not exercise authority or control over that third party, and are not responsible for any information that you may submit to that site.

10. Security of personal information

Simbl takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.  

Your personal information will be kept on databases held on servers kept in a physically and technologically secured environment, accessed only by authorised personnel or contractors. Where personal information is held in hard copy, it will be held in controlled, access restricted premises which only authorised personnel or contractors will be permitted to access. 

Simbl will destroy or de-identify personal information in circumstances where it is no longer required, unless Simbl is otherwise required or authorised by law to retain the information.  

Where you have an account with us, you are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your account, whether or not authorised by you. You agree to immediately notify Simbl of any unauthorised use of your user name or password.

11. Access and correction

Simbl takes steps reasonable in the circumstances to ensure personal information it holds is accurate, up-to-date, complete, relevant and not misleading.
 

Where you register an account with us (or your employer, school or other organisation registers on your behalf), you can update your personal information by logging into your account and editing your profile. 

In addition, under the Privacy Act, you have a right to seek access to and correction of your personal information that is collected and held by Simbl. If at any time you would like to access or correct the personal information that Simbl holds about you, or you would like more information on Simbl’s approach to privacy, please contact the Simbl Privacy Officer using the details set out in paragraph 11 below. Simbl will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.  

To obtain access to your personal information:

 

• you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
• Simbl requests that you be reasonably specific about the information you require; and
• Simbl may charge you a reasonable administration fee, which reflects and will not exceed the cost to Simbl for providing access in accordance with your request.

 

Simbl will endeavour to respond to your request to access or correct your personal information within 30 days from your request. If Simbl refuses your request to access or correct your personal information, Simbl will provide you with written reasons for the refusal and details of complaint mechanisms. 

If you are dissatisfied with Simbl’s refusal to grant access to, or correct, your personal information, you may make a complaint to the Office of the Australian Information Commissioner.

 

12. Contacting Simbl

For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional or marketing communications or make a privacy complaint, please contact Simbl’s Privacy Officer using any of the following contact details:

Privacy Officer

Email: [email protected]

13. Privacy complaints

Please direct all privacy complaints to Simbl’s Privacy Officer. At all times, privacy complaints:

 

• will be treated seriously;
• will be dealt with promptly;
• will be dealt with in a confidential manner; and
• will not affect your existing obligations or affect the commercial arrangements between you and Simbl.
•  

 

Simbl will endeavour to resolve your complaint within 30 days, unless Simbl informs you otherwise. 

Simbl’s Privacy Officer will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation. In the event that you are dissatisfied with the outcome of your complaint, or an extension to the time in which Simbl will resolve it, you may refer the complaint to the Office of the Australian Information Commissioner (OAIC).

The OAIC contact details are below:

Phone 1300 363 992

Online enquiry https://www.oaic.gov.au/about-the-OAIC/contact-us 

Website www.oaic.gov.au

Address Office of the Australian Information Commissioner

GPO Box 5288

Sydney NSW 2001