Charitabl. Privacy Policy

Updated as at: 07.04.2025

PRIVACY POLICY - WEBSITE & MOBILE APP

If you choose to use our mobile application, website or any other of our Services (Services), then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy and our Terms and Conditions.

This Privacy Policy will continue while you use our Services and may continue after the termination of any of our Services by either you or us.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, unless otherwise defined in this Privacy Policy.

Information Collection and Use

For a better experience, while using our Services, we may require you to provide us with certain personally identifiable information, including but not limited to tax information in relation to our charities, Social network, Location, personal details, phone number and e-mail.

We will use the personal information we collect for the purpose disclosed at the time of collection, or otherwise as set out in this Privacy Policy. We will not use your personal information for any other unrelated purpose without first seeking your consent, or where authorised or required by law.

We will use your personal information for the following purposes:

1. to allow you to fundraise for your selected organisation, individual or purpose;

2. to collect your donation;

3. to provide your donation to your selected organisation, individual or purpose;

4. to establish and maintain your relationship with us;

5. to provide the Services you have requested from us;

6. to make our Services more valuable to you and others;

7. for internal administrative and analytics purposes; or

8. to answer any inquiry you make.

We will disclose your personal information to the organisations or individuals that you have donated to or fundraised for. The personal information we will disclose includes your full name, email address and contact phone number, and we may provide further information in our discretion. We are not responsible for the subsequent use of your personal information by such organisations or individuals, and if you have any concerns about their use of your personal information, please contact them directly.

The Services do use third party Services that may collect information used to identify you.

You can review the privacy policies of these third parties as follows:

*   Google Play Services

*   Google Analytics for Firebase

*   Firebase Crashlytics

*  Facebook

As these are third parties, we do not accept any responsibility for any misuse of data and information by them.

In most instances you will be able to make an anonymous donation. However, we may make your name publicly available on our website where you have made a donation or raised funds.

If we are involved in a merger, acquisition or sale of all or a part of our assets we will make your personal information available to the purchaser during this process.

Log Data

We want to inform you that whenever you use our Services, in a case of an error we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilising our Services, the time and date of your use of the Service, and other statistics.

Cookies

Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory.

The Services do not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their Services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of the Services.

Direct marketing

We may send you marketing materials at any time. Marketing material will be in addition to your receipt and a summary of your donations, which are sent in the first few weeks of the financial year.

You may opt-out of receiving this direct marketing through the unsubscribe function that will be made available to you with each direct marketing communication.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

1. To facilitate our Service;

2. To provide the Service on our behalf;

3. To perform Service-related Services; or

4. To assist us in analysing how our Service is used.

We want to inform you that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

We store personal information in a combination of computer storage facilities, paper-based files and other records. In so doing, we have taken reasonable steps to protect your personal information from misuse, interference and loss, and unauthorised access, modification or disclosure.

Additionally, we take reasonable steps to destroy or permanently de-identify personal information in accordance with any applicable laws or when it is reasonably deemed that we no longer need it.

The internet is not a secure method of transmitting information. Accordingly, we cannot and do not accept responsibility for the security of information you send to or receive from us over the internet, or for any unauthorised access or use of that information.

Links to Other Sites

Our Services may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or Services.

Children’s Privacy

These Services do not address anyone under the age of 18. We do not knowingly collect personally identifiable information from children under 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers as far as possible and only retain the personal information that we are required to keep by law. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page.

This policy is effective as of 17 October 2022.

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at info@charitablegiving.org.au

TERMS AND CONDITIONS - SUBSCRIBED CHARITIES

General Terms

By signing this document you’re acknowledging you’re legally able to act on behalf of the organisation named. You warrant that the organisation is a registered charity with the ACNC.

Other than the money back guarantee, Charitabl. subscriptions are non-refundable. To claim the money back guarantee, you must demonstrate evidence that you have complied with the requirements contained in 12 Month Money Back Guarantee Guide. Failure to follow any of the steps contained therein will result in ineligibility for the rebate.

You must maintain charitable status of your organisation for the duration of the term and operate in accordance with the ACNC governance standards where required to do so. In the event your organisation ceases to be a Charity, or there is reasonable reason to believe that you are not abiding by your governance obligations for maintaining your charitable status, it is to be considered a material breach of the agreement, Charitabl may immediately terminate the agreement and no refunds will be given.

   

General Terms Cont.

Charitabl. is not responsible for the fundraising results achieved through the app. We will work with you in good faith to instruct and educate you on how to get the most out of the app.

Funds are settled monthly into your nominated bank account. Charitabl. will provide you with a monthly report that contains the name, email and phone number of the donor together with the donation amount. Charitabl. remits to you all net proceeds of the donation being gross donation income less bank fees and any other third party costs. Funds will be processed using your organisation’s local currency (AUD).

We will communicate with you about your Charitabl. account, and issue monthy reports electronically via email. You consent to receive, and acknowledge that you agree to receive all electronic communications.

Termination Policy

You can cancel your month to month agreement by giving us four weeks notice in writing. Annual subscriptions require six weeks notice in writing prior to the expiration of the annual anniversary date. If not validly cancelled, subscriptions will automatically renew.

Charitabl. also reserves the right to limit or suspend your access to the Service, terminate the Terms of Services or other agreement with you and/or cancel your account, with immediate effect, if in our reasonable opinion you have breached any of the obligations under this agreement.

   

Personal Data Protection

Charitabl. respects the private and sensitive information of donors. As a data processor, we collected identity details of donors including their names, email and phone numbers We collect this information directly from the donor using the app, and we store the information on our central cloud secure storage in accordance with our Privacy Policy, and use this information for:

-the purposes of conducting our business and providing the products and services, or the services of a third party;

- for notifying those donors of continued ways of donating through the app; and
- to comply with our legal obligations.

We report these details to you in a monthly donation report, however, you must ensure you take all reasonable steps to protect this information and otherwise comply with the relevant provisions of the Privacy Act 1988 (Cth). You are responsible for the security of your account and must ensure to keep all passwords confidential and observe all reasonable privacy measures to protect your account from unauthorised access.

Our Privacy Policy describes in more detail how Charitabl. processes personal data. We encourage you to read the Privacy Policy and use this information in order to make more informed decisions.

   

Use of Third Party Services

You understand and accept that Charitabl. uses third party providers to assist in the delivery of its services (for example, Payment Gateways). By agreeing to these terms or using these services, you agree to be bound by the Terms of those third parties (where applicable). Charitabl. accepts no liability for your use of these third- party service providers.

Limitation of Liability

To the fullest extent permitted in law, in no event shall Charitabl. be liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages, whether foreseeable or not, arising out of or relating in a way to the Services, or any related content or information. Your sole remedy is to stop using the services.

Indemnification

You agree to defend, indemnify and hold harmless Charitbl. against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms of Use or your use of the Service, or a third party’s violation of these terms of use or use of services on your behalf.

Assignment

You may not assign or transfer these Terms of Service, or any of its rights or obligations without the prior written consent of Charitabl.

   

No Waiver

No failure on behalf of Charitabl. to enforce strict performance of this agreement shall operate as a waiver of any provision or right Charitabl. has to enforce under this agreement, nor shall any course of conduct between Charitabl. and you or any other party be deemed to modify any provision of this agreement.

Agreement to Arbitrate

Any dispute or difference whatsoever arising out of or in connection with this agreement shall be submitted to arbitration in accordance with and subject to, Resolution Institute Arbitration Rules. Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute.

Entire Agreement

These terms and conditions together with the application, form the entire agreement between us. Charitabl. reserves the right to amend these terms and conditions from time to time, and any amendment to them, unless otherwise required by law, will become effective on the renewal date of your subscription. To the fullest extent permitted by law, where there are inconsistencies with these terms and conditions, these terms and conditions shall prevail.

Jurisdiction

These terms and conditions together with the application are to be construed in accordance with the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of New South Wales, Australia.

This policy is effective as of 1st June, 2023.

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at info@charitabl.app

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CHARITABLE GIVING LTD TERMS AND CONDITIONS

Charitable Giving Ltd ACN 657 475 164, c/- Frank Law, Level 10, 80 George Street, Parramatta NSW 2150 (Charitable Giving) operates a donation platform that facilitates the connections between Donors and charitable organisations/causes (Donee) through a mobile application or Website.

The Donee has agreed to enter into an agreement with Charitable Giving on the terms of these Terms and Conditions (Agreement). By paying the Subscription Fee or otherwise acting in a manner indicative of accepting this Agreement you agree to this Agreement and any other policies notified or published by Charitable Giving from time to time.

  1. TERM: 

This Agreement shall continue until terminated in accordance with clause 12 of this Agreement (Term).

  1. APPOINTMENT AS AN AGENT: 

The Donee authorises and appoints Charitable Giving as the Donee’s agent to receive donations from the public and from corporate workplaces on behalf of the Donee in accordance with the terms and conditions of this Agreement.

Charitable Giving will accept the appointment as the Donee’s agent by written notice to the Donee.

  1. PROVISION OF SERVICE:
    1. Charitable Giving, in accordance with the terms and conditions of this Agreement, shall provide the Donee with such means as Charitable Giving determines so as to enable donors to make online donations to the Donee by using the Mobile Application or the Website (Online Services); and
    2. Charitable Giving will comply with the Privacy Act 1988 (Cth) in respect of the collection, use and disclosure of personal information (as that term is defined in that Act). The Donee also agrees to the Privacy Policy as set out by Charitable Giving.
    3. Charitable Giving may generate and send an email acknowledgement to any donor in respect of any donation made to the Donee using the Online Services.
  2. SUBSCRIPTION FEES:
    1. The Donee must pay in advance the Subscription Fee. The Subscription Fee is determined by the Pricing Schedule as published by Charitable Giving and may without notice change in Charitable Giving’s absolute discretion.
    2. The Donee must also pay the applicable merchant service or transaction fees which will be notified to the Donee at the time of payment.
    3. In the event Charitable Giving adds additional payment mechanisms to the services in the future it will negotiate with the Donee to agree upon the fees applicable to these payment mechanisms.
    4. If the Donee does not pay their Subscription Fee as and when it falls due, then Charitable Giving may remove the Donee from the mobile application and website and may cease providing any or all services noted in this Agreement or as otherwise provided by Charitable Giving.
    5. In the event that a Subscription Fee or any other fees applicable to the Donee fall overdue, then from the due date Charitable Giving may charge interest on the overdue amount in the amount of 4% above the applicable cash rate for the date that the amount fell due (or the amount specified at law whichsoever is higher), as well as any costs (including legal costs on an indemnity basis) incurred by Charitable in recovering the debt as well as a reasonable administrative fee determined by Charitable Giving from time to time.
    6. Upon the payment of all outstanding amounts owed by any Donee to Charitable Giving, Charitable may (or may not) in their absolute discretion recommence providing any or all of the services under this Agreement or as otherwise provided.
    7. It is the responsibility of the Donee to ensure that the payment details for the fees payable by Charitable Giving are correct. In the case of payment to an incorrect account including if by way of fraud, or negligence, the Donee’s obligation to pay fees payable to Charitable Giving shall remain until Charitable Giving has received cleared funds.
  3. CHARITABLE GIVING OBLIGATIONS:
    1. Donations by donors are first made to Charitable Fund, where Charitable Giving acting in its capacity as trustee disperses funds to the Donee into the Donee’s nominated bank account.
    2. Contributions through Charitable Fund or through the Online Services are irrevocable gifts when received and accepted by Charitable Fund, which retains exclusive and legal control over all contributed assets. 
    3. Charitable Giving will remit donations collected each fortnight to the Donee by EFT or as otherwise agreed. 
    4. If the Donee is paying their Subscription Fee then the Donee will also be provided with the donor’s details.

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  1. DONEE OBLIGATIONS:

The Donee must:

  1. provide proof to Charitable Giving of the Donee’s Deductible Gift Recipient (DGR) status;
    1. The Donee acknowledges that if the Donee no longer holds DGR status for whatever reason it must notify Charitable Giving forthwith in writing and it will be removed from the Online Services, and its Subscription Fee payments will cease but it will not be refunded for any Subscription Fees paid to the date of notification.
  2. ensure that its bank details are correct and up to date as recorded by Charitable Giving;
    1. Charitable Giving accepts no liability for the failure of the Donee to update its bank details, but will assist in claims for recovery where practical.
  3. advise Charitable Giving, as soon as practicable, of any changes to its Authority or to its tax status or any other thing which may affect Charitable Giving;
  4. not use the information or intellectual property of Charitable Giving except in a manner expressly permitted by Charitable Giving,
  5. not do anything that may cause Charitable Giving to fall into disrepute,
  6. comply with all conditions of its Authority and all applicable laws;
  7. comply with third party terms of service/conditions of use that may be connected with the Online Services including Google, Apple and any merchant/bank in relation to the collection of relevant monies;
  8. inform all necessary government and regulatory bodies of any matters herein as required in order to give effect to this Agreement; and
  9. discuss with Charitable Giving including Charitable Giving in its marketing collateral as a mechanism for donation on a non-exclusive basis, for example including on the Donee’s website or for an appeal/event.
  1. INFORMATION ABOUT THE DONEE:
    1. Upon entering into this Agreement, the Donee must provide the following to Charitable Giving:
      1. a certificate of registration or incorporation as a company or an incorporated association or ACN, as applicable; or ACN provided on registration form; and
      2. Confirmation of registration with the ACNC, and in the event of any updates or changes to the registration, provision of those updates and changes to Charitable Giving forthwith; and
      3. a letter from the Australian Taxation Office advising of the endorsement of the Donee as an entity endorsed as a deductible gift recipient under Subdivision 30-BA of the Income Tax Assessment Act 1997 (Cth) (a DGR), if applicable, or confirmation of DGR status on registration form; and
      4. any Authority held by the Donee, under any of the Fundraising Statutes, and, if none is held, the reason why the Donee is not required to hold an Authority; and
      5. a draft of the Donee Information, to be completed on a registration form provided by Charitable Giving.
    2. The Donee must ensure that the information posted on the Online Services relating to the Donee (Donee Information):
      1. is in a format designated by Charitable Giving to enable publishing onto the Online Services;
      2. does not infringe any third party intellectual property rights or other rights;
      3. does not breach any law, standard, content requirement or applicable law of conduct;
      4. does not contain any prohibited content, as defined under the Broadcasting Services Act 1992 (Cth); and
      5. without limiting the generality of the above, is not likely to expose Charitable Giving to the risk of any claim, legal or administrative action.
    3. The Donee grants Charitable Giving a non-exclusive, royalty-free world-wide licence to use, copy, display, transmit, publish, reproduce, adapt and communicate to the public the Donee Information including using it by posting it on the Website or in publicity, marketing or internal documents for Charitable Giving. This license shall subsist only for the Term of this Agreement.
  2. INDEMNITY IN FAVOUR OF CHARITABLE GIVING: 

The Donee shall at all times release and indemnify Charitable Giving, its servants and agents from and against any loss or liability incurred by Charitable Giving arising from any claim, demand, suit, action or proceeding by any person against Charitable Giving, its servants and agents where such loss or liability arose out of, in connection with, or in respect of:

  1. the Donee Information;
  2. any breach by the Donee of an Authority or of a condition in any Authority;
  3. any breach by the Donee of this Agreement; and
  4. any instance in which a donor successfully disputes a card transaction, and the card issuer makes a “Chargeback” to Charitable Giving’s bank that was the acquirer of the card transaction. In such a case, the Donee must pay to Charitable Giving upon demand the amount previously paid by Charitable Giving to the Donee in connection with the card transaction that gave rise to the Chargeback. If the Donee fails to do so within 5 business days of such demand, Charitable Giving may deduct and retain from any future remittance it makes to the Donee a sum equal to any amount owing by the Donee in satisfaction of that amount.

Charitable Giving may in accordance with clause 4 above charge interest, costs and fees on any indemnity if such an indemnity is not paid by the Donee upon demand by Chartiable Giving.

  1. INDEMNITY IN FAVOUR OF DONEE: 

Charitable Giving shall at all times release and indemnify the Donee, its servants and agents from and against any loss or liability incurred by the Donee arising from any claim, demand, suit, action or proceeding by any person against the Donee, its servants and agents where such loss or liability arose out of, in connection with, or in respect of:

  1. any breach by Charitable Giving of an Authority or of a condition in any Authority; or
  2. any breach by Charitable Giving of any Fundraising Statute or other relevant Act or Regulation.
  1. SUSPENSION OF SERVICE: 

Charitable Giving shall have the right, at its absolute discretion, to suspend the Online Services in order to carry out essential maintenance work to the Website or any aspect of the Online Services, or upon the occurrence of an event beyond the reasonable control of Charitable Giving. Charitable Giving shall not be liable to the Donee for any direct or indirect loss arising from suspension of Online Services.

  1. COMPLAINTS: 

Any complaint arising in connection with this Agreement shall be in writing and submitted to Charitable Giving for resolution within 10 business days from the date of receipt. If after 10 business days the complaint is not resolved, it may be referred for consideration to the relevant state or territory regulatory body.

  1. TERMINATION:
    1. Either party may terminate this Agreement by giving at least 14 days’ notice in writing.
    2. Either party may terminate this Agreement immediately by notice in writing to the other party on the occurrence of one of the following events:
      1. the breach or threatened breach by the other party of any of its material obligations under this Agreement;
      2. any breach of an Authority or of a condition in any Authority by the other party;
      3. any breach of any Fundraising Statute or other relevant Act or Regulation by the other party;
      4. the appointment of any type of insolvency administrator in respect of the property or affairs of the other party; or
      5. the entry or proposed entry by the other party into any scheme, composition or arrangement with any of its creditors.
    3. Charitable Giving may terminate this Agreement immediately by notice in writing:
      1. if the Donee has committed an act which if true, in the opinion of Charitable Giving, would adversely affect the reputation or business of Charitable Giving conducted on and from the Online Services; and/or
      2. If the Donee’s DGR or charity status is removed.
    4. The Donee may terminate this Agreement immediately by notice in writing if:
      1. Charitable Giving has committed any act which has the effect of vilifying or bringing into disrepute the Donee; or
      2. All of the Online Services are suspended for a period exceeding 20 business days.
    5. Following termination, Charitable Giving must:
      1. remove the Donee Information from the Website;
      2. refuse to accept donations on behalf of the Donee, as soon as practicable, after termination; and
      3. remit all outstanding donations to the Donee as soon as practicable unless doing so would cause Charitable Giving to breach the terms of any other agreement, law or its duties as trustee of Charitable Fund. In such circumstances donations may be refunded to the Donor or reallocated as permitted by the Donor.
  2. ASSIGNMENT: 

The Donee must not assign the benefit of this Agreement without the consent of Charitable Giving. Charitable Giving may assign or transfer any of its rights or obligations under this Agreement.

  1. VARIATION: 

No variation of this Agreement nor consent to a departure by a party from a provision, shall be of effect unless it is in writing, signed by the parties or, in the case of a waiver, by the party giving it. Any such variation or consent shall be effective only to the extent to or for which it may be made or given.

  1. JURISDICTION: 

This Agreement is governed by and shall be construed in accordance with the laws from time to time in force in the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.

  1. DEFINITIONS 

In this Agreement:

Authority means all necessary licences, consents, permissions, authorities, registrations and permits the Donee is required to have in order to request donations from the public and to authorise persons to conduct a fundraising appeal on behalf of the Donee and appoint Charitable Giving as its agent for these purposes under the terms and conditions of this Agreement.

Donee Information means the information posted on the Online Services relating to the Donee and its request for fundraising, including details of the reason or purpose of the fundraising, the intended use of the funds raised and the States and Territories in which the Donee can legally collect or solicit donation.

Fundraising Statute means any of the following statutes: Charitable Fundraising Act 1991 (NSW), Fundraising Act 1998 (Vic), Collections Act 1966 (Qld), Collections for Charitable Purpose Act 1939 (SA), Charitable Collections Act 1946 (WA), Collections for Charities Act 2001 (TAS), Charitable Collections Act 2003 (ACT) or any other relevant statute as applicable.

GST means 

  1. the same as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
  2. any other goods and services tax, or any tax applying to this Agreement in a similar way; and
  3. any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.

Website means any such site as notified by Charitable Giving from time to time

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Charitabl. Acknowledges The Darug People, The Traditional Custodians Of The Land On Which We Work. We Pay Our Respects To Their Elders Both Past And Present.