Terms of Use
1. Overview
(a) Approach is a mobile application. Approach and our website, which enables use of Approach (www.approach-app.com.au) (together, Approach), are owned and operated by Approach Pty Ltd (ACN 617 350 973) (us, we or our).
(b) By using Approach, you agree to comply with:
(i) these Terms of Use;
(ii) our Privacy Policy; and
(iii) any other terms, policies or notices published on Approach, (collectively, Terms).
(c) These Terms form a binding contractual agreement between you, the user of Approach (you), and us.
(d) Before using Approach, you should read the Terms carefully. If you have any questions about the Terms, you can contact us by emailing the Service Support Officer at info@approach-app.com.au.
(e) If you do not agree to the Terms, as amended from time to time, in whole or part, you must not access or use Approach.
2. Approach
2.1 Overview
Approach:
- shows users other users who are in close proximity to them;
- allows users to send other users, who they wish to meet or a start a conversation with, an in-App alert (a "look" or a “friendzone”);
- allows users who have connected on Approach to chat with other users;
- includes a review system that allows users to leave reviews for other users after interacting with them (Reviews), which can be kept private or made public at the election of the user; and
- allows users to “check-in” to venues located on the Apple Map API integrated in the app.
2.2 Accessing Approach
- Approach can be downloaded for free from the Apple App Store.
- In downloading Approach from the Apple App Store, you will be prompted to accept Apple App Store’s end user licence agreement and may be subject to other related terms of use.
- Your relationship with Apple or with any other third party service provider will be governed solely by your agreement(s) with them.
2.3 Registering an Approach Account
- You must create an account to access Approach (Approach Account).
- To create an Approach Account and use Approach as a service, you must:
- be at least 18 years;
- have certain facilities in place, including:
- an Apple ID account.
- possess the legal right and ability to enter into a legally binding agreement; and
- never have been convicted of a violent or sexual crime.
- If we have actual knowledge that you are under the age of 18, we will delete your Approach Account from our website.
- When you create an Approach Account, you must nominate a username. You are responsible for maintaining the confidentiality and integrity of your Approach Account and for all use and activity carried out on it. If you believe there has been unauthorised access to your Approach Account, please contact the Service Support Officer by emailing info@approach-app.com.au.
- The information you provide us to create your Approach Account must be accurate, complete and up to date. You must update this information to ensure it remains up to date.
2.4 Obligations
You agree, represent and warrant:
- to use Approach for your personal, non-commercial use only; and
- that your access and use of Approach will be in accordance with all rules of common law, principles of equity, international law or any federal, state, local laws, statutes, rules, regulations, proclamations, ordinances or by-laws and other subordinate legislation of any country anywhere in the world (collectively, Law); and
- to act respectfully towards all users of Approach.
2.5 Limitations
- In accessing and using Approach, you agree, represent and warrant that you will not:
- misrepresent your identity;
- interfere with the privacy of another person;
- use Approach to harass or intimidate another person;
- infringe any intellectual property rights or any other contractual or proprietary rights of another person;
- use Approach to spread spy ware, adware, viruses, or malicious code;
- do any act, engage in any practice or omit to do any act or engage in any practice that:
- is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way;
- would cause us to breach or to be taken to breach a Law;
- would bring us into disrepute; or
- interferes with the integrity or supply of Approach to all users.
3. Approach Content
(a) We own or are the licensee of all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in Approach and in or to the material (including all text, graphics, logos and software) made available to you in providing Approach (collectively, Approach Content).
(b) Your use and access of Approach does not grant or transfer any rights, title or interest to you in relation to Approach Content.
(c) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Approach Content or any other material in whatever form contained within Approach.
4. User Content
- You are solely responsible for any Reviews, content, material and other information:
- you post, publish or otherwise transmit through Approach; or
- you obtain through accessing Approach,
- (together, User Content).
- User Content you create, generate or share in your use of Approach as a service must:
- be accurate and complete;
- not infringe any Law, or any third party intellectual property rights or any other contractual or proprietary rights of a third party; and
- not be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way.
- We do not claim ownership of any User Content. Instead, you grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable licence to use, reproduce, modify, copy, store and exploit your User Content for our business or commercial purposes.
5. Third party links
Approach may contain links to websites, materials or resources operated and owned by third parties and not under our control. Those links are provided for convenience only and may not be current or maintained.
6. Security
(a) We will take reasonable steps to ensure the provision of Approach is secure. However, given the nature of the Internet, we cannot guarantee that your access to Approach will be secure at all times.
(b) You acknowledge and agree that you are solely responsible for:
(i) the security, confidentiality and integrity of all information or data uploaded, downloaded or otherwise communicated while accessing Approach, including all User Content;
(ii) keeping all passwords and usernames secure and confidential; and
(iii) protecting any device you use to access Approach from all security breaches and viruses (or any similar damaging components).
7. Privacy and data collection
(a) In consideration for us providing you Approach, you agree to us collecting personal information about you.
(b) The personal information we collect about you includes:
(i) your name, contact details, age or date of birth;
(ii) information relating to your preferences and opinions;
(iii) your photographs; and
(iv) your geolocation.
(c) We collect your personal information:
(i) to provide you and other users optimal use of Approach;
(ii) to send you promotional and marketing information relating to our products and services and those of our partners (if you have authorised us to do so);
(iii) for purposes reasonably necessary to our usual functions and activities, including planning, service development and research purposes; and
(iv) for purposes otherwise outlined in our Privacy Policy.
(d) When you have asked us to do so, we will disclose your personal information to other users of Approach.
(e) We may also disclose your personal information to:
(i) our employees and related entities;
(ii) our business partners;
(iii) our contractors;
(iv) any third parties authorised by you; and
(v) government, regulatory authorities and any tribunal or court, if required or authorised by Law, or otherwise with your consent.
(f) We may also disclose your personal information to third parties located outside of Australia.
(g) You can choose not to provide us with your personal information. However, if you do not provide us this information we cannot provide you Approach.
(i) how we store and use your personal information;
(ii) our overseas disclosures;
(iii) how you may access and correct your personal information;
(iv) how you can lodge a complaint regarding the handling of your personal information; and
(v) how we will handle complaints.
8. Disclaimer
To the fullest extent permitted by Law, you acknowledge and agree that:
(a) we reserve the right, but are not obliged, to conduct background searches or to verify the identity of users of Approach, and therefore your interactions with other users (whether in person or online) is at your own risk;
(b) we reserve the right, but are not obliged, to monitor, review, edit, modify or delete User Content;
(c) we do not control, endorse and are not responsible for any User Content;
(d) we retain complete control over Approach and may alter, amend or cease the operation of Approach in our sole discretion;
(e) we make no warranty or representation that any result or objective can or will be achieved or attained by accessing Approach;
(f) we make no warranty or representation that Approach will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times; and
(g) we may at our absolute discretion remove User Content, including Reviews, without notice or reason.
9. Exclusion and limitation of liability
(a) Nothing in these Terms limits or excludes any consumer guarantees under Schedule 2 of the Competition and Consumer Act (2010) Cth (the Australian Consumer Law).
(b) If any guarantee, term, condition or warranty is implied into these Terms under the Australian Consumer Law (Non-Excludable Term) and we are able to limit our remedy for any breach of that Non-Excludable Term, then our liability is limited at our option to:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(c) Subject to clauses 10(a) and 10(b) and to the fullest extent permitted by Law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of profits, loss of data, loss of reputation, or loss of goodwill and opportunity, arising out of or in connection with:
(i) your use or inability to use Approach;
(ii) Approach's User Content, including Reviews;
(iii) the conduct of other users of Approach; and
(iv) any unauthorised creation, access or use of your personal information, Approach Account or your User Content.
(d) Subject to clauses 10(a) and 10(b) and to the fullest extent permitted by Law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
(e) Our liability to you will also be limited to the extent that any of your loss or damage was caused or contributed to by any act or omission of yours or of a third party.
10. Indemnity
You must indemnify and keep indemnified us, our directors, employees, contractors and agents, Related Bodies Corporate and Related Entities as defined in the Corporations Act 2001 (Cth) (together, Indemnified Persons) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of the Indemnified Persons from any claim, demand, suit, action or proceeding by any person against any of the Indemnified Persons where such loss or liability arose directly or indirectly out of or in connection with:
(a) any breach of these Terms by you; or
(b) breach of any right of a third party,
except to the extent that the loss or liability is caused or contributed to by the act or omission of any of the Indemnified Persons.
11. Dispute resolution
(a) The parties must use their reasonable endeavours to resolve through negotiation all disputes, conflicts (including, without limitation, conflicts of interest) differences or questions between them arising out of or in connection with these Terms.
(b) If within 10 business days (that is, days that are not bank holidays in Queensland, Australia), the dispute cannot by resolved following negotiation between the parties, either party may refer the dispute for arbitration.
(c) The parties agree to negotiate in good faith to agree on the appointment of a single arbitrator, or failing agreement as appointed by the President of the Law Society of Queensland (if all the parties are situated in Australia) or (where one or more of the disputing parties is not situated in Australia) to an arbitrator appointed by the Australian Centre for International Commercial Arbitration Court (ACICA).
(d) The arbitration will be conducted in Australia in accordance with the ACICA Rules operating at the time the dispute is referred to ACICA (the Rules).
(e) The terms of the Rules are deemed incorporated into these Terms.
(f) If a party fails to adhere to the terms of this clause 12 and proceedings are subsequently issued by the defaulting party, these Terms can be used as a bar to any proceedings so issued.
12. Termination
(a) We reserve the right to cease operating Approach, without notice and for any reason. We may terminate our relationship with you without notice and with immediate effect if you, in any way, breach these Terms.
(b) On termination of these Terms:
(i) access to your Approach Account will expire or cease;
(ii) you will not have any access to User Content through Approach; and
(iii) we will remove your Approach Account and its related information from Approach.
(c) We are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to Approach.
13. Changes to the Terms
(a) We may, from time to time, amend the Terms in whole or part, in our sole discretion and without notice to you except as provided in this clause. Any changes to the Terms will be effective immediately upon the posting of the revised Terms on the Website.
(b) Depending on the nature of the change, we may announce the change on the Website home page or by email. However, in any event, by continuing to use Approach following any changes, you will be deemed to have agreed to such changes.
14. Severability
If any part of these Terms is void, unlawful or unenforceable, then that part will be ineffective to the extent it is void, unlawful or unenforceable, without affecting the validity and enforceability of any remaining provisions.
15. Jurisdiction
If any part of these Terms is void, unlawful or unenforceable, then that part will be ineffective to the extent it is void, unlawful or unenforceable, without affecting the validity and enforceability of any remaining provisions.
(a) This Agreement is governed by the law in force in Queensland, Australia.
(b) The parties submit to the exclusive jurisdiction of the courts of Queensland, Australia.
Privacy Policy
1. Overview
In this Privacy Policy (Policy), 'us', 'we' or 'our' means Approach Pty Ltd (ACN 617 350 973) and our related bodies corporate.
Your privacy is important to us and we are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs).
This Policy outlines how we collect, use, disclose and store your personal information.
It applies to all personal information collected through our website (www.approach-app.com.au) and through our mobile application named Approach (together, Approach).
By providing personal information, you consent to us collecting, using, storing and disclosing your personal information in accordance with this Policy.
Please read this Policy carefully and contact us by sending us an email to info@approach-app.com.au if you have any questions.
2. The types of information we collect
2.1 Personal information
Personal information is information or an opinion about you which identifies you, or other information from which you can be reasonably identified.
In particular, we may collect the following types of personal information about you:
(a) your name, gender, email address, age or date of birth;
(b) photographs;
(c) your geolocation;
(d) payment and transactional information, such as credit card details;
(e) your device ID, device type, your device's geo-location information while Approach is installed on your device, and your Internet Protocol address;
(f) details of services which we have provided to you or you have enquired about; and
(g) any other information relating to you that you provide us directly or indirectly through Approach, including the content of your chats (if you chat with other users), information you provide through emails, social media, surveys and competition entry forms.
2.2 Sensitive information
Sensitive information is a form of personal information, and is information or an opinion of a sensitive nature.
We may collect the following types of sensitive information about you:
- your ethnicity;
- your religion; and
- your sexual orientation.
We will only collect your sensitive information if it is reasonably necessary to carry out our functions or activities and we have your consent. We will only use or disclose your sensitive information for the purpose for which it was collected (primary purpose). We will not use or disclose it for any other purpose unless:
- you would reasonably expect us to use or disclose it for the other purpose; and
- the other purpose is directly related to the primary purpose; or
- we are permitted to do so by the Privacy Act.
3. Why we collect and use your personal information
We collect and use your personal information through lawful and fair means so that we can perform our business activities and functions.
Your personal information is collected and used for the following purposes:
- to enable you to access and use Approach;
- to enable us to enforce or exercise any rights in our Terms of Use;
- to provide you with our products and services;
- to give you information about our products and services;
- to interact with you;
- to connect you with our business partners;
- to send you promotional and marketing information that may be of interest to you;
- to administer rewards or other promotional activities sponsored or managed by us or our business partners;
- to conduct product and market research;
- to develop consumer insights so we can better understand your preferences and interests, personalise your experience and enhance the products and services you receive;
- to send you service, support and administrative messages, reminders, technical notices, updates, security alerts and information requested by you;
- to perform administrative and operational functions;
- to comply with any legal requirements;
- for any related purpose for which we are entitled to use your personal information; and
- for any other purpose for which you give your consent.
4. How we collect your personal information
We generally collect personal information directly from you when you:
- register on Approach;
- use and interact with Approach, including interacting with other users of Approach;
- communicate with us over email, online chat systems, the phone or in person;
- share personal information with us from other applications, social media, websites or services;
- purchase one of our products or services; and
- use or access Approach and have set your internet browser to allow us to use cookies to store information from your browser and/or device. Sometimes, the cookies may collect and store personal information.
We may also collect your personal information from third parties including:
other users of Approach, to the extent that you have asked us to do so;
- service providers;
- credit reporting bodies;
- marketing companies; and
- organisations with whom we have an agreement to share information for marketing purposes.
You may choose to deal with us anonymously where it is lawful or practical to do so, such as when you make a general enquiry about our products or services.
5. Disclosing your personal information and who might have access
5.1 Within Australia
We may disclose your personal information to the following third parties for the purposes described in this Policy, such as:
- our employees, related entities and employees of those entities;
- our business partners, including the owners or operators of any application or platform you have subscribed for through us or in connection with us;
- our professional advisers, dealers and agents;
- third parties and contractors who provide services to us, including customer enquiries and support services, information technology service providers, marketing and advertising services;
- payment systems operators;
- any third parties authorised by you to receive information held by us (for example, other users of Approach); and
- government, regulatory and law enforcement agencies as required, authorised or permitted by law.
5.2 Outside Australia
We may disclose your personal information to our third party service providers who assist us with our business functions and hold your personal information in accordance with their own terms and conditions. For example, Google Firebase is one such provider. It is a secure object storage facility and we use it to store your images. These images are held in accordance with terms published by Google Firebase.
These entities may have servers in and operate out of locations outside Australia. As some of these entities have global operations, we cannot say with certainty where their servers are located nor can we specify all the countries out of which they operate. Further, these locations may be subject to change without notice to us. Based on what we know at this time, our service providers have operations in the United States of America.
By providing us with your personal information, you consent to us disclosing your personal information to our overseas third party service providers. We will take reasonable steps to ensure they deal with your personal information in a way that complies with the Privacy Act and the APPs.
5.3 When you use Approach
When you register as a user of Approach, your Approach profile will be disclosed and will be capable of being viewed by other users of Approach. Other users will also be able to view information you provide to us directly, or through our third party service providers. Accordingly, other users will be able to view your Facebook photos, any additional photos you upload, your first name, your age, your personal description, your likes and dislikes and other material.
6. Using your personal information for direct marketing
We, or our business partners, may use your personal information to contact you via phone, SMS, email or mail to promote and market our products and services.
By providing us with your personal information, you consent to us or our business partners contacting you for direct marketing, even if you have registered your home, mobile and/or fax number on the Do Not Call Register.
You can opt-out from being contacted by us or our business partners for direct marketing by emailing 'unsubscribe' to info@approach-app.com.au.
You can choose not to provide us with your personal information. However, this may mean we will be unable to provide you with our products and services, including Approach, or be limited in how we can do so.
7. Cookies
7.1 We use cookies
When you use or access Approach, we may collect information through cookies on your device.
Cookies are files that store information on the device on which you are using or accessing Approach. They tell us when you visit Approach, which pages you visit and the information you downloaded. They also remember your details and preferences so you can easily continue your browsing session when you return to Approach.
If you do not want to activate cookies, you can opt-out of receiving them by amending the settings of your internet browser, however you may find that some parts of Approach will have limited functionality and personalisation if you do so.
7.2 We use cookies to collect your personal information
We may also use cookies to collect your personal information. We will handle any personal information collected by cookies in the same way that we handle other personal information described in this Policy.
8. Security
How we store and protect your personal information
We hold your personal information in electronic form, in secure databases owned and operated by our third-party service providers, including Google Firebase, Apple Maps and Facebook.
We protect the personal information we hold through encryption, firewalls and login password protocols, secure and access-controlled premises and by monitoring staff access.
While we take reasonable steps to ensure your personal information is protected from loss, misuse and unauthorised access, modification or disclosure, security measures over the internet can never be guaranteed. This means we cannot guarantee the security of your personal information. In the event of a data breach, we will comply with the required data breach reporting laws.
9. Links to third party websites/platforms
Our application may contain links to websites, other apps and social media platforms operated by third parties.
Those links are provided for convenience and may not remain current or be maintained. Unless stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites.
The privacy policies that apply to third party websites may differ substantially from this Policy. We encourage you to read those privacy policies before using those websites.
10. Accessing or correcting your personal information
If you would like to access your personal information, please contact us using the details below. If you send us an access request, we may ask you to provide us with certain information, including your log in details and mobile phone number, so we can verify your identity.
While we try to give you access to your personal information free of charge, we may charge you a reasonable fee to cover costs associated with:
- searching for, locating and retrieving your personal information; and
- reproducing and sending you your personal information.
In certain circumstances, we may not be able to give you access to your personal information. In these circumstances, we will write to you to explain why we cannot comply with your request.
We will try to respond to your request for access within 14 days of receiving your request.
1O.2 Correcting your personal information
Correcting your personal information
We try to ensure any personal information we hold about you is accurate, up-to-date, complete and relevant.
If you believe the personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or incorrect, please contact us using the details below and we will take reasonable steps to ensure it is corrected.
We will try to respond to your request for correction within 14 days of receiving your request.
11. Destroying or de-identifying personal information
We destroy personal information when we no longer need it, unless we are otherwise required or authorised by law to retain the information.
12. Making a complaint
If you believe your privacy has been breached or you have a complaint about our handling of your personal information, please contact us using the details below.
We take privacy complaints seriously. If you make a complaint, we will respond within 5 days to advise you of the person responsible for managing your complaint. We will try to resolve your complaint within 30 days. When this is not reasonably possible, we will contact you within that time to let you know how long we will take to resolve your complaint.
We will investigate your complaint and, where necessary, consult with third parties about your complaint. We will decide how to address your complaint and write to you to explain our decision.
If you are not satisfied with our decision, you can refer your complaint to the Office of the Australian Privacy Commissioner. Details about how to file a complaint can be found at www.oaic.gov.au.
13. Changes
We may, from time to time, amend this Policy, in whole or part, in our sole discretion.
Any changes to this Policy will be effective immediately upon the posting of the revised Policy on our website located at www.approach.com.au.
Depending on the nature of the change, we may announce the change on our website home page or by email (if we have your email address). However, in any event, by continuing to use Approach following any changes, you will be deemed to have agreed to such changes.
14. Contact us
All questions or queries about this Policy and complaints should be directed to:
Privacy Officer
Service Support Officer: info@approach-app.com.au
Dated: 19 February 2020
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