Milkshake Privacy Policy

1. Hi there, we’re Codelbee Pty Ltd (ABN 26 662 055 834), welcome to our privacy policy. This policy sets out how we handle your personal information if you’re a Codelbee user or visitor to our Sites. It applies across the Milkshake mobile application and Milkshake sites (the “Sites”).
2. When we say ‘we’, ‘us’ or ‘Codelbee’ it’s because that’s who we are and we own and run the Sites.
3. If we say ‘policy’ we’re talking about this privacy policy. If we say ‘user terms’ we’re talking about the rules for using the Sites.

The type of personal information we collect

4. We collect certain personal information about visitors and users of our Sites.
5. The most common types of information we collect include things like: user-names, member names, email addresses, IP addresses, other contact details, survey responses, blogs, photos, payment information such as payment agent details, transactional details, tax information, support queries, forum comments (if applicable), content you direct us to make available on our Sites (such as item descriptions), your actions on our Sites (including any selections or inputs into items) and web and email analytics data. We will also collect personal information from job applications (such as, your CV, the application form itself, cover letter and interview notes).

How we collect personal information

6. We collect personal information directly when you provide it to us, automatically as you navigate through the Sites, or through other people when you use services associated with the Sites.
7. We collect your personal information when you provide it to us when you complete membership registration and buy or provide items or services on our Sites, subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send us a communication.

Personal information we collect about you from others

8. Although we generally collect personal information directly from you, on occasion, we also collect certain categories of personal information about you from other sources. In particular:
   1. financial and/or transaction details from payment providers located in the US, UK, and Australia in order to process a transaction;
   2. third party service providers (like Google, Facebook) who are located in the US or UK, which may provide information about you when you link, connect, or login to your account with the third party provider and they send us information such as your registration and profile from that service. The information varies and is controlled by that service provider or as authorized by you via your privacy settings at that service provider; and
   3. other third party sources/and or partners from Australia, US or UK, whereby we receive additional information about you (to the extent permitted by applicable law), such as demographic data or fraud detection information, and combine it with information we have about you. For example, fraud warnings from service providers like identity verification service. We also receive information about you and your activities on and off the Codelbee platform through partnerships, or about your experiences and interactions from our partner ad networks.

How we use personal information

9. We will use your personal information:
   1. To fulfil a contract, or take steps linked to a contract: in particular, in facilitating and processing transactions that take place on the Sites, like where you purchase an item from our sites.
   2. Where this is necessary for purposes which are in our, or third parties’, legitimate interests. These interests include:
      1. operating the Sites;
      2. providing you with services described on the Sites;
      3. verifying your identity when you sign in to any of our Sites;
      4. responding to support tickets, and helping facilitate the resolution of any disputes;
      5. updating you with operational news and information about our Sites and services e.g. to notify you about changes to our Sites, website disruptions or security updates;
      6. carrying out technical analysis to determine how to improve the Sites and services we provide;
      7. monitoring activity on the Sites, e.g. to identify potential fraudulent, unlawful or illegal activity and to ensure compliance with the user terms that apply to the Sites;
      8. managing our relationship with you, e.g. by responding to your comments or queries submitted to us on the Sites or asking for your feedback or whether you want to participate in a survey;
      9. managing our legal and operational affairs (including, managing risks relating to content and fraud matters);
      10. training Codelbee staff about how to best serve our user community;
      11. improving our products and services;
      12. providing general administrative and performance functions and activities;
      13. processing your job application to Codelbee; and
      14. using data analytics to measure the effectiveness of advertising of the Sites, and improve the optimization of our products and services (including by way of data analytics tools).
   3. Where you give us consent:
      1. providing you with marketing information about products and services which we feel may interest you; and
      2. customising our services and websites, like advertising that appears on the Site – where this involves the use of cookies or similar technologies – in order to provide a more personalised experience.
   4. For the purpose of responding to requests by government, a court of law, or law enforcement authorities conducting an investigation.

When we disclose your personal information

10. We will disclose personal information to the following recipients:
    1. companies that are in the Codelbee group which are located in Australia;
    2. subcontractors and service providers who assist us in connection with the ways we use personal information (as set out above), in particular: website hosting providers which are located in Australia, US; technical and customer support services which are located in Australia and the US; recruitment agencies which are located in Australia; marketing and analytics services which are located in the US; security and fraud prevention services which are located in the US; subscription management services which are located in the US; payment processing services which are located in the US and Australia; and operational tooling services which are located in the US. Noting that our subcontractors and services providers may also transfer and access such information from other countries in which they have operations;
    3. our professional advisers (lawyers, accountants, financial advisers etc.) which are located in Australia;
    4. regulators and government authorities in connection with our compliance procedures and obligations;
    5. a purchaser or prospective purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase;
    6. a third party to respond to requests relating to a criminal investigation or alleged or suspected illegal activity;
    7. a third party, in order to enforce or defend our rights, or to address financial or reputational risks;
    8. a rights holder in relation to an allegation of intellectual property infringement or any other infringement; and
    9. other recipients where we are authorised or required by law, or requests by government, a court of law, or law enforcement authorities, to do so.

Payments and selling on Milkshake

11. Stripe and payments data: If you use our payment features to sell digital files, text notes or links, or to accept tips, we use Stripe, Inc. (“Stripe”) to provide payment processing, seller onboarding, identity verification, fraud and risk monitoring, tax reporting and payout services. When you onboard, you are redirected to Stripe and Stripe collects identity, business, bank, tax and transaction information directly from you under Stripe’s Privacy Policy. Buyers also pay through a Stripe-hosted checkout. Stripe is an independent controller of the personal information it collects from sellers and buyers in this context.
12. Information we receive about purchases and tips: For purchases and tips made through a published Milkshake Website, we receive and store information about each transaction, including buyer email address, payment status, item purchased, price, currency, timestamps, order and transaction IDs, refund and dispute status, delivery status, and any related support or complaint correspondence.
13. How we share payment-related information: We share information related to payments and selling with: Stripe (as our payment, onboarding, fraud, risk, tax-reporting and payout provider); our hosting, email, analytics, fraud-prevention, customer support and legal/compliance providers; tax authorities and other regulators where required by law (for example, U.S. 1099-K, EU DAC7 or Australian Taxation Office reporting); and sellers, in respect of buyers of their items. Where you are a seller, buyer data we make available to you about your sales is yours to manage; under our User Terms you are the controller of that data and are responsible for your own use of it under applicable privacy and data-protection laws (such as the Australian Privacy Principles, the GDPR and the CCPA/CPRA).
14. Why we use payment-related information: We use information related to payments and selling to: process transactions; onboard sellers and verify their identity; help deliver purchased items; prevent fraud and meet sanctions and other compliance obligations; report tax data where required; provide customer support; analyse and improve the Service; and enforce our terms. Where applicable law requires us to identify a legal basis for processing, we rely on contract performance (processing your transactions), legal obligation (tax and compliance reporting) and legitimate interests (fraud prevention, security and service improvement).
15. Where payment data is stored, transferred and retained: Payment, onboarding and order data may be transferred to, and stored in, jurisdictions other than your own (including Australia and the United States) and may be retained, even after your Milkshake account is closed, for tax, accounting, fraud, dispute and other legal reasons.

Where we transfer and/or store your personal information

16. We are based in Australia so your data will be processed in Australia and the US. Some of the recipients we have described in sections 10 and 11 above, and to whom we disclose your personal information, are based in places like Australia, the US. We do this on the basis of this policy. In order to protect your information, we take care where possible to work with subcontractors and service providers who we believe maintain an acceptable standard of data security compliance.

How we keep your personal information secure

17. We store personal information on secure servers that are managed by us and our service providers, and occasionally hard copy files that are kept in a secure location in Australia and the US. Personal information that we store or transmit is protected by security and access controls, including username and password authentication, two-factor authentication, and data encryption where appropriate.

18. We hold Personal Information electronically and in hard copy form, both at our own premises and with the assistance of our service providers. We implement a range of measures, including people, process, and technology controls, to protect the security of your Personal Information. Examples of these measures include:

    1. Access to Personal Information is controlled through access and identity management systems;
    2. Team members are bound by internal information security policies and are required to keep Personal Information secure at all times;
    3. We take steps to protect Personal Information in accordance with the Office of the Information Commissioner’s Guide to Securing Personal Information; and
    4. We also take measures in respect of destroying or de-identifying Personal Information that is no longer needed for any lawful purpose.

    Our security controls are continually reviewed to ensure that the protection of your Personal Information is maintained.

How you can access your personal information

19. You can access some of the personal information that we collect about you by logging in to your account. You also have the right to make a request to access other personal information we hold about you and to request corrections of any errors in that data. You can also close the account you have with us for any of our Sites at any time. To make an access or correction request, contact our privacy champion using the contact details at the end of this policy.

Marketing Choices regarding your personal information

20. Where we have your consent to do so (e.g. if you have subscribed to one of our email lists or have indicated that you are interested in receiving offers or information from us), we send you marketing communications by email about products and services that we feel may be of interest to you. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future by using the “unsubscribe” facility provided in the communication itself.
21. You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our Sites may not work properly in your case.

Cookies (not the type you eat!) and web analytics

22. For more information about how we use cookies, web beacons and similar technologies see our cookie policy and for more general information on cookies, see https://www.allaboutcookies.org.
23. When you visit our Sites, there’s certain information that’s recorded which is generally anonymous information and does not reveal your identity. If you’re logged into your account some of this information could be associated with your account. We’re talking about the following kinds of details:
    1. your IP address or proxy server IP address;
    2. the domain name you requested;
    3. the name of your internet service provider is sometimes captured depending on the configuration of your ISP connection;
    4. the date and time of your visit to the website;
    5. the length of your session;
    6. the pages which you have accessed;
    7. the number of times you access our site within any month;
    8. the file URL you look at and information relating to it;
    9. the website which referred you to our Sites;
    10. the operating system which your computer uses; and
    11. the technical capabilities of your web browser.
24. Occasionally, we will use third party advertising companies to serve ads based on prior visits to our Sites. For example, if you visit our Sites, you may later see an ad for our products and services when you visit a different Site. However, please be aware that Codelbee is only responsible for the data collected directly on our sites. We cannot be held responsible for the collection or processing of your personal information on any third-party websites. Therefore, we recommend reviewing the privacy notices and policies of third-party sites before sharing any personal information.

Information about children

25. Our Sites are not suitable for children under the age of 16 years, so if you are under 16 we ask that you do not use our Sites or give us your personal information (if you are a young tech wiz, please direct your nearest responsible adult to use the Sites for you!). If you are from 16 to 18 years, you can browse the Sites but you’ll need the supervision of a parent or guardian to become a registered user. It’s the responsibility of parents or guardians to monitor their children’s use of our Sites.

Information you make public or give to others

26. If you make your personal information available to other people, we can’t control or accept responsibility for the way they will use or manage that data. There are lots of ways that you can find yourself providing information to other people, like when you post a public message on a forum thread, share information via social media, or make contact with another user whether via our Sites or directly via email. Before making your information publicly available or giving your information to anyone else, think carefully. If giving information to another user via our Sites, ask them how they will handle your information. If you’re sharing information via another website, check the privacy policy for that site to understand its information management practices as this privacy policy will not apply.

How you can manage or delete your personal information

27. We retain your personal information for as long as is necessary to provide the services to you and others, and to comply with our legal obligations. If you no longer want us to use your personal information or to provide you with the Codelbee services, you can request that we erase your personal information and close your Milkshake account by:
    1. Using the delete account functionality provided within the Milkshake App under the Settings menu
    2. submitting a request through our help center email via help [at] milkshake.app
28. If you’re looking to report a security vulnerability in a Codelbee product or website please submit a request through our help center email via security [at] milkshake.app

How long we keep your personal information

29. Please note that if you request the erasure of your personal information we may retain information from deleted accounts as necessary for our legitimate business interests, to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations or requests by government, a court of law, or law enforcement authorities, enforce the terms of service and take other actions permitted by law. Any information we retain will be handled in accordance with this Privacy Policy.

When we need to update this policy

30. We will need to change this policy from time to time in order to make sure it stays up to date with the latest legal requirements and any changes to our privacy management practices.
31. When we do change the policy, we’ll make sure to notify you about such changes, where required. A copy of the latest version of this policy will always be available on this page.

How you can contact us

If you would like to access or correct any Personal Information we hold about you, please contact help [at] milkshake.app.

When making an access request, please provide as much detail as you can about the particular information you seek, in order to help us retrieve it. Under the Privacy Act and other relevant laws, we are required to provide a written response outlining our reasons if we refuse your request.

Where we decide not to make a requested correction and you disagree, you may ask us to add a note of your requested correction to the information that explains your correction request.

If you have any complaints or concerns about this Policy, or our handling of your Personal Information, you can contact help [at] milkshake.app. Once a complaint has been lodged, we will let you know who will be handling your matter and when you can expect a full response within 30 days.

If you are not satisfied with our response, please let us know and we will investigate further and respond to you. If you are still not satisfied, you can contact the Office of the Australian Information Commissioner, whose contact details are available here: https://www.oaic.gov.au/contact-us

32. If you have any questions about our privacy practices or the way in which we have been managing your personal information, please contact us at privacy [at] milkshake.app.

If you’re looking to report a security vulnerability in a Codelbee product or website please submit a request through our help center via security [at] milkshake.app.

Your rights

Under the Privacy Act 1988 (Cth), including Australian Privacy Principles (‘APPs’), you have a number of rights you can exercise over your data. Your rights include the following:

• the right to receive a copy of your data;
• the right to have data corrected if it is inaccurate;
• the right to ask us to erase data in certain circumstances;
• the right to withdraw consent at any time when that is the legal basis for our processing; and
• the right to lodge a complaint with the Office of the Australian Information Commissioner.

33. We’re really glad you made it to the end of the privacy policy, because knowing this stuff is the best way to understand how your personal information is used and how to best manage it!

If you’re a user or visitor in the European Economic Area these rights also apply to you

1. For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the “GDPR”), we are a ‘data controller’ of your personal information.

How you can access your personal information

1. You are also entitled to ask us to port your personal information (i.e. to transfer in a structured, commonly used and machine-readable format, to you), to erase it, or restrict its processing. You also have rights to object to some processing that is based on our legitimate interests, such as profiling that we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent as more fully described below.
2. These rights are limited in some situations – for example, we can demonstrate that we have a legal requirement to process your personal information. In some instances, this means that we may retain some data even if you withdraw your consent.
3. Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal information is optional.
4. If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.