Privacy Policy

Definitions

In this Policy:

APP means the Company Platform managed by us to provide the Services, known as the ‘Yesterday’ App.
Company Platform means the APP and other platforms and websites of or managed by us and used by us to provide the Services, and server software used to provide the Services, as well as any other cloud-based platform and includes any computer hardware on which the APP or other platform, database, system or server software managed by us is installed.
Deliverer means a user who accesses the APP with the intention of responding to delivery requests lodged by Senders, bidding for delivery jobs and where successful, collecting, transporting and delivering the goods provided by the relevant Sender.
Personal Information means information or an opinion about an identified natural person, or a natural person who is reasonably identifiable.
Policy means this Privacy Policy.
Sender means a user who accesses the APP to request delivery services.
Services means any services that we provide through the APP or any other Company Platform, or other services offered by third party from time to time either through the APP or other Company Platform, as described on the APP or other Company Platform.
Yesterday, us, we means The Yesterday Group Pty Ltd, ACN 702 382 894 / ABN 19 702 382 984.
You means you, who is either an individual or the company or other legal entity on behalf of which you have been granted access to, or are otherwise engaging with, the APP and any other Company Platform. Where you are accepting this Policy on behalf of a company or other legal entity, you represent that you are authorised by that company or other legal entity to accept this Policy on its behalf.

Introduction

We are not subject to the Australian Privacy Principles, however, notwithstanding this, we have prepared this Policy to set out how we collect, handle and use Personal Information which we may receive through your use of the APP or other Company Platform.
We reserve the right to update this Policy at any time without notice.
The purpose of this Policy is to:

set out the types of information that we may collect when you use or interact with the APP or other Company Platform; and
how that information will be used, handled, stored, and disclosed.

Application

This Policy applies to Personal Information that we may collect about you in the manner outlined in this Policy. To the extent permitted by law, or as otherwise set out in the Policy, this Policy does not apply to any information that may be collected by a third party when you interact with the APP or other Company Platform, and how that third party may use, handle, store or disclose your Personal Information.

Information we collect about you

We may collect, use, store and transfer Personal Information about you, which may include any of the following types of data:

(Contact Data): being your first name, last name, title, residential address, billing address, email address, telephone number, username and where relevant, general location information such as suburb, state or postcode collected through the APP or other Company Platform, or collected and input directly by you to the APP or other Company Platform;
(Financial Data): being bank account details, credit card details or other payment information necessary to facilitate payments through the APP, including via third‑party payment processors such as Stripe (to the extent required by law or by any payment processor);
(Subscription Data): being information relating to your subscription status within the APP, billing history and renewal dates, where you use the APP or other Company Platform as a Deliverer;
(Transaction Data): being details about bids, acceptances, payments processed through the APP or other Company Platform, delivery confirmations, cancellations and disputes between Senders and Deliverers, notwithstanding that the APP is a facilitation platform only and is not a party to any delivery transactions between Senders and Deliverers;
(Technical Data): being information regarding the IP address used to connect your device to the internet, browser type and version, time zone setting, browser plug‑in types and versions, operating system and platform, cookies, app version and device type;
(Profile Data): being your username or password for a Yesterday Website or the Yesterday Application, profile information, preferences, availability (for Delivery Persons), vehicle or transport capability descriptions (if provided), feedback, ratings and reviews;
(Location Data): being information regarding the details and history of your location and whereabouts when the APP is open or when you are interacting with the APP or other Company Platform;
(Usage Data): being information about how you use APP or other Company Platform and the Services provided therein;
(Marketing and Communications Data): being information regarding your preferences in receiving marketing from us and your communication preferences;
(Preferences Data): being information and details regarding your interests, qualifications, preferences, feedback and reviews, and information, communication or opinions about any of our Services;
(Third‑Party Data): being information we may receive from third parties such as payment processors, identity verification providers (where verification is undertaken), analytics providers, fraud prevention services, advertising networks and service providers who assist us in operating the Platform;
(Proof of Identity Data): being identifiers and documents such as government‑issued identification, licences, verification outcomes and related information collected for the purposes of optional or required identity verification, where you interact with or use the APP as a Deliverer;
(Products and Services Data): being information, communications or opinions relating to your use of the APP and any other Company Platforms; and
(Digital Media Data): being digital content such as photographs, videos, audio, messages and related communications uploaded or transmitted through the APP or Company Platform, including content between Deliverers and Senders.

In some situations, you will have the option to deal with us anonymously or through a pseudonym. However, where you request access to subscription services, payment processing, identity verification or other features of the APP, it may be impracticable to provide those services without collecting and verifying certain Personal Information.
Where you fail to provide requested information, or where the information provided is incomplete or inaccurate, it may affect our ability to provide you with access to all or part of the APP, or the Services.
If we receive identifiable information about you from a third party, we will take reasonable steps to ensure that such information has been collected lawfully and with your express or implied consent. If we determine that we are not permitted to retain that information under applicable law, we will securely destroy or de‑identify it.

Information we collect about you

We will not request any sensitive information from you as defined under section 6(1) of the Privacy Act 1988 (Cth), unless:

you are adequately informed before giving consent;
you give consent voluntarily;
the consent is current and specific;
you have the capacity to understand and communicate your consent; or
we are required or authorised to do so by or under an Australian law or a court/tribunal order.

How do we collect information from you

We use different methods to collect data from you and about you, including through:

(direct interactions) – you may give us your Contact Data, Financial Data, Profile Data, Subscription Data, Transaction Data, Location Data, Preferences Data, Digital Media Data, Products and Services Data, and Proof of Identity Data by creating an account with us, subscribing to the APP (where applicable), completing online forms, using the Services, including to post and/or accept delivery requests, communicating with other users through the APP, or corresponding with us through the APP or other Company Platform;
(interactions you have with other sources) – we may receive Contact Data, Financial, Transaction Data, Usage Data, Subscription Data, Third-Party Data, and Marketing and Communications Data from third parties including payment processors, identity verification providers (where verification is undertaken), business partners, sub‑contractors in technical and platform support services, analytics providers, advertising networks, search information providers, and third‑party applications that integrate with the Services;
(automated technologies or interactions) – as you interact with the APP or any other Company Platform, we may automatically collect Technical and Usage Data through the use of the following technologies:

“cookies”, which are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, please see: https://allaboutcookies.org;
“log files”, which track actions occurring on the APP and other Company Platforms and collect data including IP address, browser type, Internet service provider, referring or exit pages, operating system, and date and time stamps; and
“web beacons”, “tags”, and “pixels”, which are electronic files used to record information about how you browse the APP or otherwise interact with the APP or other Company Platform, and to assist with analytics, performance measurement and platform improvement.

How do we use your personal information?

Depending on how you use the APP, and/or any other Company Platform, including whether you interact with the APP as a Deliverer or Sender, we may use your personal information:

to provide the Services to you;
to communicate with you;
to register you as a new user or create an account with us, whether as a Deliverer or Sender;
to provide technical or other support to you;
to enhance, administer and manage the APP, any other Company Platform and Services (including troubleshooting, testing, system maintenance, reporting and data hosting);
to deliver relevant APP content and measure or understand the effectiveness of the APP and other Company Platforms and to ensure the proper function of the APP and online software;

to protect you;
to market to you including a newsletter and SMS messaging (if we choose to) and to make suggestions and recommendations to you about the Services or promotions that may be of interest;
to improve the Services that we provide;
to maintain a record your interactions in the APP in the event of any claims or disputes;
to manage our relationship with you which may include, notifying you about changes to our terms or this Policy, asking you to leave a review or take a survey, engaging with you in relation to any support request or communication that you may submit;
to facilitate internal training, ensure the effective delivery of Services and to resolve disputes or problems, whether initiated by us or you;
to ensure assistance is readily available to you and other users;
to enable you to submit transportation requests and communicate with Deliverers through the APP (as a Sender);
to facilitate payments for accepted delivery requests through third‑party payment processors;
to perform fraud prevention, compliance checks and platform risk management;
to manage your subscription to the APP, including billing, access control and account status (as a Deliverer);
to maintain records for dispute resolution, compliance and trust and safety purposes;
to support optional or required identity verification and trust-and-safety measures; and
to use analytics to improve platform performance, functionality and user experience, (together, the Primary Purposes).

Where we collect Personal Information, we will process the information only for the Primary Purposes, and:

where we have legitimate interests to process the Personal Information and those interests are not overridden by your rights;
in accordance with a legal obligation; and
where we have your consent.

Do Not Track Settings

Please note that we do not alter our APP or other Company Platforms data collection and use practices when we see a Do Not Track signal from your browser.

Online Information and Google Analytics

Our APP and other Company Platform(s) may offer links to other websites from time to time and we may use third‑party service providers to support the operation of our APP and the Services we provide, including providers of payment processing, identity verification, cloud hosting, analytics, communications, security and customer support services.
In respect to:

any websites linked in our APP – they also collect your Personal Information (including information generated through the use of cookies) when you visit them. We are not responsible for how such third-parties collect, use or disclose your Personal Information, so it is important to familiarise yourself with their privacy policies before providing them with your Personal Information.
any third-party service providers – your Personal Information may be shared only to the extent necessary for them to perform services for us and for the purposes set out in this Policy. These providers are required to handle Personal Information in a manner consistent with applicable privacy laws and their own privacy policies.

In relation to cookies and IP addresses, we disclose the following:

if you use our APP, we may utilise "cookies" which enables us to monitor traffic patterns and trends and to serve you more efficiently if you continue to interact with our APP or other Company Platforms. In most cases, a cookie does not identify you personally but may identify your internet service provider or computer;
we may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our Services or APP functionality. This information does not identify you personally;
however, in some cases, cookies may enable us to aggregate certain information with other Personal Information we collect and hold about you. We extend the same privacy protection to your Personal Information, whether gathered via cookies or from other sources, as detailed in this Policy. As such, we do not aggregate non-personal information with any Personal Information unless we first notify you and obtain your consent; and
you can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. However, if you disable cookies, you may not be able to access certain areas of our APP and/or Company Platform(s) or take advantage of the improved experience that cookies may offer.

Storing your Information

To offer a consistent service to you, we may store and manage data electronically or in paper form. Where data is stored electronically, it is done so by a third-party cloud service provider that may store your Personal Information (or a backup of your Personal Information) in a data centre or an online cloud service, as determined by the third-party provider from time to time.
The data that we collect from you may be transferred to and be stored to these servers or, processed by staff operating in other jurisdictions or who work for us.
We will take all steps reasonably necessary to ensure that your Personal Information is secured from misuse, interference, loss, unauthorised access, unauthorised modification, or unauthorised disclosure. Any Personal Information will be handled in accordance with this Policy and applicable privacy laws. Despite using all steps reasonably necessary, the transmission of information through the internet is not completely secure.
Submission of any information to us is an acknowledgement that you agree to such use, storage, and disclosure as outlined in this Policy.

Disclosing your Information

There may be times when we need to share your Personal Information with third parties.
If we receive Personal Information from any third party, we will take reasonable steps to ensure that before we collect the Personal Information:

we are satisfied that you would reasonably expect us to obtain the Personal Information;
you have authorised the collection of that information; and
that the Personal Information is accurate.

We may share your Personal Information:

with any and all of our affiliates;
with third-parties including business partners, suppliers, subcontractors, insurance companies and government authorities;
where we are required to disclose your Personal Information to comply with any legal obligation, to enforce any agreements, or to protect the rights, property, or safety of us and other users of the APP or our Company Platform(s), or other third parties. This includes, where relevant, exchanging information with organisations for the purposes of fraud protection and credit risk reduction;
with an actual or potential buyer (and its agents and advisors) in connection with an actual or proposed purchase, merger or acquisition of any part of our business; and
with other users (in the event you have elected to share your location and enabled the use of location services on your mobile phone setting for the APP) and in which case, the information shared will not be limited.

Accessing and Correcting your Information

You may request access to Personal Information that we hold about you at any time by contacting our Privacy Officer (using the details set out in this Policy). We will respond to any such request for access to Personal Information within a reasonable time and will provide you access to the Personal Information that we hold relating to you unless we are authorised not to do so by law.
Where permitted by law, we may charge you a reasonable fee for processing your request to access your Personal Information and should we decline you access to your Personal Information, a written explanation will be provided setting out the legal reasoning for doing so. For example, but not limited to, if the information doesn’t exist, cannot be located, the information may involve an unwarranted breach of someone else’s privacy or releasing it may pose a serious threat to someone’s safety.
If upon receiving your Personal Information, or at any other time, you believe the Personal Information that we hold about you is incorrect, out of date, incomplete, irrelevant, or misleading, please notify our Privacy Officer (using the details set out in this Policy). We will take reasonable steps in the circumstances to ensure, having regard to the lawful purpose that it was collected, that the information is accurate, up to date, complete and not misleading.
If we decline to correct your Personal Information as requested by you, a reason for refusal will be provided.

Complaints

If you believe we have not fulfilled our obligations under any relevant law or have not complied with the terms of this Policy or would like to appeal a decision made by us in relation to your Personal Information, you can make a complaint in writing to our Privacy Officer, using the contact details set out in this Policy.
We will respond to you within a reasonable period of time (or where a period is specified by any law, that period) to acknowledge your complaint and inform you of the next steps we will take in dealing with your complaint.

Data Retention

We will retain your Personal Information for as long as is necessary for a lawful purpose connected to our relationship with you or for the Primary Purposes.
If it is determined that we should not have possession of Personal Information under a relevant law, we will destroy the Personal Information or ensure that the Personal Information is de-identified.

Minors

Our services are not intended for use by individuals under the age of 16 years (a Minor).
Where a user is a Minor, access to and use of the Yesterday Application is permitted only where the Minor has obtained the consent of a parent or legal guardian with legal capacity, and that parent or legal guardian consents to the collection, use and disclosure of the Minor’s Personal Information in accordance with this Policy.

Contact

If you have any comments, concerns or questions regarding this Policy or Personal Information that we hold about you, please contact our Privacy Officer by email or by post at:

Privacy Officer
The Yesterday Group Pty Ltd
C/- Lou Harris - Managing Director
Email: admin@yesterdayapp.com.au