Clapit Privacy Policy

Welcome to Clapit, which is owned and operated by Clap Online Pty Ltd (ACN 604 803 367). By using the Clapit website, mobile application or services (collectively, Clapit), you are agreeing to comply with and be bound by this Privacy Policy, which together with our Terms of Use govern Clap Online Pty Limited’s relationship with you in connection with Clapit. Should you not agree with any of this Privacy Policy please do not use Clapit.

The terms ‘us’, ‘our’ or ‘we’ refer to Clap Online Pty Ltd, the owner of the Clapit website, app and service, whose registered office is located at c/- Ash Street Partners at Level 1, 25 King Street, Sydney NSW 2000, Australia. The terms ‘you’ or ‘your’ refers to the visitor, user or other person accessing Clapit.

Clapit is a social network which allows users to bring content from any web or personal source by users posting content. The clap button rates the content and elevates the content higher up in accordance with the amount of “claps” (a clap is a “like”).  The Clap button also broadcasts the content to the user’s social media pages. In this way Clapit and the clapit community uses the Clap button to crowd-source the best content being a content democratization.

In this Privacy Policy we tell you how we collect, store, protect and disclose your personal information.  We also explain your rights in relation to the information we hold.

The policy is written in simple language.  Our specific legal obligations when collecting and handling your personal information are outlined in the Privacy Act 1988 and in particular in the Australian Privacy Principles found in that Act. 

Clapit is dynamic and evolving and we anticipate changes to this policy from time to time as we continue to develop our products and services.  We may let you know when this happens, where the changes are material. By continuing to use our products and services you will be taken to have consented to any changes we make to the policy. The most recent version of the policy will always be available on our website.

We encourage you to read this policy carefully so that you understand our information handling practices. 

1. How we collect personal information

We only collect personal information by lawful and fair means. 

For the most part we collect personal information directly from you.  This occurs when you join or login to our website or mobile application.

However, we may also collect personal information from third parties or a third party application where you access Clapit products or services.

We will handle any unsolicited information in accordance with Australian law, including destroying or de-identify such information where we are permitted to do so by a relevant law.

2. Information we collect

When you visit our website or use our service we collect personal information sent to us from your computer, mobile phone or other access device. This includes data on the pages you access, your device IP address, device identifiers, type of operating system, your mobile network information and certain information from your browser. We also collect personal information about you when you use a Clapit service, including when you create a Clapit user profile.

The type of information we may collect includes your name, username, password, photo, email address, date of birth, content you post, information about your contacts, device identifiers, log file identifiers/IP address, cookies and your metadata. You may choose to access Clapit using a pseudonym, but you will need a real, unique email address.

You may choose to provide us with sensitive information about you.  This might include information about your health or disability, racial or ethnic origin, political opinions, association memberships, religious beliefs or sexual orientation.  

We take all reasonable steps to keep secure any personal information which we hold about you and to protect your personal information from misuse, interference or loss and from unauthorised access, modification or disclosure. 

3. How we store your personal information

We and our suppliers:

  1. store and process your personal information on computers located in various countries around the world;
  2. protect your information using logical, physical and administrative security measures to reduce the risk of loss or interference with your personal information; and
  3. use current and up to date software, firewalls, network security and information authorisation access controls to protect your personal information as it is transmitted from your devices or third party sites to Clapit.

Access to personal information is limited to those of our personnel who specifically need it to carry out their business responsibilities.  Our employees are contractually bound to respect the confidentiality of any personal information held by us. 

We keep your personal information for as long as your account is active or as needed.  For example, we may keep certain information even after you close your account if it is necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce this Privacy Policy or our Terms of Use.

We deploy commercially reasonable steps to safeguard the security of your personal information and to verify your identity before granting you access to your account.  However, we cannot ensure the security of any information you transmit to Clapit or guarantee that information on Clapit will not be accessed, disclosed, altered or destroyed.

You are responsible for maintaining the secrecy of your unique password and your account information, and for controlling access to emails between you and Clapit, at all times.  Your privacy settings may also be affected by changes which the social media services you connect to Clapit make to their services.  Clapit is not responsible for the functionality, privacy or security measures of any other organisation.

4. How we use your personal information

Any information that you upload or sync with Clapit is covered by this Privacy Policy and our Terms of Use.

By providing personal information to us when you create or update your account and profile, you are expressly and voluntarily accepting our Terms of Use and freely accepting and agreeing to our processing of your personal information in ways set out in this Privacy Policy.

We use your personal information for the purpose for which it was collected and related purposes, including:

  1. managing and improving our products and services;
  2. helping efficient access to your information after sign in;
  3. remembering information so you don’t have to re-enter;
  4. providing personalised content and information, which may include online ads or other forms of marketing;
  5. statistical purposes;
  6. testing new products and services;
  7. developing application and website metrics;
  8. diagnosing for fixing technology problems; and
  9. providing you with information about third party products or services you might find interesting or useful. Sometimes these third parties may contact you directly.

Except as stated above, we will not use or disclose personal information unless:

  1. you consent to the disclosure;
  2. the disclosure is reasonably necessary to enforce the Privacy Policy or our Terms of User Agreement; or
  3. c)                   the disclosure is otherwise permitted, required or authorised by or under law including the Australian Privacy Principles.

5. Quality and correction

At all times we strive to ensure that the information we hold about you is accurate, complete and up-to-date.  If at any time you believe the personal information that we hold about you is incorrect, incomplete or inaccurate, you should let us know.  We will take steps that are reasonable in the circumstances to correct the information.

6. Managing your “cookies”

We do not collect personal information about people who access Clapit, except where personal information is voluntarily supplied. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, personal information such as the following may be stored by us for use by third parties: name, date of birth, photo.

We use cookies placed on your device to tell us when you have returned to the Clapit webserver. This helps identify you and simplifies your login and process of recording your personal data. We may also collect some information from your mobile device when you use it to log into the Clapit application. You can control cookies through your browser settings and other tools.

7. How we share personal information with other Clapit users or organisations

d) Your profile and information will be visible to other Clapit users in accordance with the settings you select for your account.

We may share your personal information with:

  1. service providers under contract who help with our business operations, such as marketing and technology services;
  2. third party advertising networks;
  3. companies that we plan to merge with or be acquired by (should this occur, we may either require the new entity to comply with this Privacy Policy or we may comply with its privacy terms).
  4. d)            law enforcement, government officials or other third parties pursuant to a subpoena, court order or other legal process or requirement applicable to us or any related or acquiring entity.

8. Disclosure to overseas recipients

As Clapit is a global service with data held around the world, we will be storing and disclosing your personal information to overseas recipients in the course of delivering our products and services to you.  By using Clapit you consent to transfer of information to any of the various countries around the world in which Clapit operates or stores information.

9. Right to access, correct, delete your information or close your account

You have a right to:

  1. access, modify, correct, or delete your personal information controlled by us regarding your profile;
  2. change or remove your content;
  3. close your account.

You can also contact us for any account information which is not on your profile or readily accessible to you.  We may charge you a fee where access is provided.  We may refuse to provide access if the privacy legislation allows us to do so, in which case we will provide reasons for our decision as required by law. 

If you close your account(s), your information will generally be removed from Clapit after  being retained for a commercially reasonable time for backup, archival, and/or audit purposes.

However, information you have shared with others on Clapit or that others have copied may also remain visible after you have closed your account or deleted the information from your own profile.  In addition, you may not be able to access, correct, or eliminate any information about you that other Clapit customers copied or exported out of Clapit, because this information may not be in our control.  Your public profile may be displayed in search engine results until the search engine refreshes its cache.

10. Your obligations

As a client of Clapit, you have certain obligations to other Clapit clients including the following:

  1. You must, at all times, abide by the terms and conditions of this policy, Terms of Use, and other policies of Clapit from time to time. This includes respecting all intellectual property rights that may belong to third parties, such as trademarks or copyrights.
  2. You must not upload or otherwise publish or disseminate any information that may infringe on the rights of others or which may be deemed to be defamatory, injurious, violent, offensive, racist, or xenophobic, or which may otherwise violate the purpose and spirit of Clapit and its clients.
  3. You must keep your username and password confidential and not share it with others.

Any violation of this policy or the Terms of Use may lead to the restriction, suspension, or termination of your account at our sole discretion of Clapit. 

We may remove content which we reasonably consider was uploaded or otherwise published or disseminated by you in breach of the obligations outlined above. 

11. Minimum age requirement

As described in the Terms of Use, you must be at least 16 years of age to use Clapit. We do not knowingly collect or solicit information from anyone under the age of 16 or allow such persons to register for Clapit.  Clapit is not directed at children under the age of 16.  In the event that we learn that we have collected personal information from a child under 16 without parental consent we will delete that information as quickly as possible.  If you believe that we may have any information from or about a child under 16 please contact us. 

12. Concerns and complaints

If you have any concerns regarding this policy, you should first contact us at info@clapit.com.

If contacting us does not resolve your complaint, then you are entitled to make a complaint to the Office of the Australian Information Commissioner.

13. How to contact us about a deceased user

In the event of a death of a Clapit user, please contact us.  We will conduct our communication via email at the email address you provide us.

14. Other Web Sites and Services

Clapit is not responsible for the practices employed by any websites or services available via Clapit, including the information and content contained within them.  You should remember that when you use a link to go to another website or service this Privacy Policy does not apply to that website or service.  In addition, you agree that we are not responsible for and do not have control over third parties that you authorise to access your content.  If you allow a third party website or service to access your user content then you do so at your own risk.

15. Jurisdiction

This Privacy Policy, your use of Clapit and any dispute arising out of this policy or your use is governed by the laws of New South Wales, Australia and you submit to the exclusive jurisdiction of the courts of New South Wales, Australia and courts authorised to hear appeals from such courts.