PRIVACY & TERMS

SEKRETS Privacy Policy

(Last updated: 11 June 2025)

SEKRETS Pty Ltd ("SEKRETS", "we", "our", "us") operates the SEKRETS Podcast and the travelling dictaphone project (the "Service"). We are committed to protecting your privacy and honouring the anonymity of all participants. This Privacy Policy explains how we collect, use, disclose, store and secure your personal information, and the rights you have in relation to that information.

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1. Key points at a glance

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2. Who we are and contact details

Controller: SEKRETS Pty Ltd
Postal address: PO BOX 32456, 26 Byron Street Bangalow NSW 2479, Australia
Email: privacy@sekretspodcast.com
Privacy Officer / Data Protection Officer: Nick Berry
OAIC: You may also complain to the Office of the Australian Information Commissioner (www.oaic.gov.au).

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3. Information we collect

We do not knowingly collect data from children under 18. If we learn we have inadvertently collected a minor's recording, we will delete it and, where feasible, notify a parent/guardian.

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4. How we use your information

1. Create and publish content – We edit recordings for length, clarity and legal compliance, apply filters where needed, and publish them anonymously across podcast platforms, social media and future media formats.
2. Notify you – If you provided an email, we send a single notice when your episode goes live.
3. Visualise the journey – Postcodes create a pin-map showing where the recorder has travelled.
4. Analytics & security – We analyse usage to maintain and secure the Service.

We never sell or rent your personal information.

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5. International transfers & subprocessors

The Service is hosted on Netlify and Siteground, and we engage reputable third-party processors for transcription and analytics (listed at sekretspodcast.com/subprocessors). Where data is transferred overseas we rely on Standard Contractual Clauses and APP 8 safeguards.

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6. Data retention schedule

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7. Your privacy rights

Under Australian Privacy Principles and, where applicable, the GDPR, you have the right to:

• Access – Request a copy of your personal information we hold
• Correction – Request we correct inaccurate or incomplete data
• Deletion – Request deletion of your personal data (subject to legal obligations)
• Portability – Receive your data in a structured, machine-readable format
• Object – Object to processing based on legitimate interests
• Restrict – Request we limit processing in certain circumstances
• Withdraw consent – Where processing is based on consent, you may withdraw it at any time

To exercise these rights, email privacy@sekretspodcast.com with proof of identity. We will respond within 30 days (or 1 month under GDPR).

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8. Security measures

We implement appropriate technical and organisational measures to protect your data, including:

• Industry-standard encryption (TLS/SSL) for data in transit
• Encrypted storage for audio files and personal information
• Access controls limiting data access to authorised personnel only
• Regular security audits and vulnerability assessments
• Incident response procedures for potential breaches
• Secure deletion protocols for expired data

In the event of a data breach that poses serious harm, we will notify affected individuals and the OAIC within 72 hours as required by the Notifiable Data Breaches scheme.

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9. Third-party sharing

We may share your information with:

We never sell your personal information to third parties.

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10. Cookies and tracking technologies

We use the following cookies and similar technologies:

• Essential cookies – Required for the website to function (e.g., security, form submissions)
• Analytics cookies – Help us understand usage patterns (Google Analytics with IP anonymisation)
• Preference cookies – Remember your settings and choices

You can control cookies through your browser settings. Disabling essential cookies may impact Service functionality. We do not use advertising or cross-site tracking cookies.

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11. Changes to this Privacy Policy

We may update this Privacy Policy to reflect changes in our practices or legal requirements. When we make material changes:

• We will update the "Last updated" date at the top
• For significant changes affecting your rights, we will notify you via email (if provided) or prominent website notice
• Continued use of the Service after changes constitutes acceptance

We encourage you to review this Privacy Policy periodically. Previous versions are available upon request.

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12. Governing law and dispute resolution

This Privacy Policy is governed by the laws of New South Wales, Australia. Any disputes shall be resolved through:

1. Internal complaint – Contact our Privacy Officer first
2. OAIC mediation – If unresolved, lodge a complaint with the OAIC
3. Legal proceedings – As a last resort, in the courts of New South Wales

For EU residents, you also have the right to lodge a complaint with your local data protection authority.

Terms of Use

(Last updated: 11 June 2025)

1. Acceptance of Terms

By (a) recording audio on a SEKRETS device, (b) submitting content via our website, or (c) accessing our Service, you unconditionally accept these Terms. These Terms constitute the entire agreement between you and SEKRETS Pty Ltd, superseding all prior agreements.

2. Eligibility

You represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter binding contracts
• You are not prohibited by law from using the Service
• You are participating voluntarily without coercion
• You are of sound mind and capable of informed consent

Violation of age requirements may result in criminal prosecution for providing false information.

3. Grant of Rights

You grant SEKRETS Pty Ltd and its successors:

• An irrevocable, perpetual, worldwide, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your content in any media format
• The right to sublicense these rights to third parties
• The right to use your content for commercial purposes
• Moral rights waiver to the fullest extent permitted by law

This license survives termination of these Terms and is binding on your heirs and assigns.

4. Content Warranties

You represent and warrant that your content:

• Is entirely your own original work
• Does not infringe any third party's intellectual property, privacy, or other rights
• Contains no defamatory, libelous, or unlawful material
• Does not violate any confidentiality agreement or court order
• Does not identify any person without their written consent
• Does not contain admissions of serious criminal conduct that could endanger others
• Is truthful to the best of your knowledge

5. Prohibited Content

You must NOT submit content that:

• Admits to ongoing criminal activity or plans for future crimes
• Identifies victims of crimes or vulnerable individuals
• Contains hate speech, discrimination, or incites violence
• Includes confidential information you're legally bound to protect
• Violates court orders, including suppression orders or gag orders
• Contains false accusations against identifiable persons
• Includes content involving minors in any inappropriate context

6. Voice Recognition and Anonymity

CRITICAL WARNING: You acknowledge and accept that:

• Voice is biometric data that can identify you
• People who know you may recognize your voice or story details
• Voice alteration technology exists but is not foolproof
• You assume ALL RISK of being identified
• SEKRETS has NO OBLIGATION to alter or disguise your voice
• You waive all claims related to unintended identification

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• SEKRETS IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE ARE NOT LIABLE FOR EMOTIONAL DISTRESS, REPUTATIONAL HARM, OR RELATIONSHIP DAMAGE
• OUR TOTAL LIABILITY SHALL NOT EXCEED AUD $100
• THESE LIMITATIONS APPLY EVEN IF WE KNEW OF POSSIBLE DAMAGES

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SEKRETS Pty Ltd, its officers, directors, employees, agents, and affiliates from ANY claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your breach of these Terms
• Your content or participation
• Any third-party claims related to your content
• Your violation of any law or rights of others
• Someone recognizing your voice or story

9. Mandatory Reporting

You acknowledge that we may be legally required to report certain content to authorities, including:

• Admissions of serious crimes against children
• Ongoing danger to identifiable persons
• Terrorism-related content
• Court-ordered disclosures

By participating, you consent to such disclosures where legally required.

10. Termination

We may terminate your access or remove content at any time, for any reason, without notice. Rights granted to us survive termination indefinitely.

11. Dispute Resolution

Any disputes must be resolved through:

1. Good faith negotiation (30 days)
2. Binding arbitration under ACICA rules
3. Individual claims only - CLASS ACTIONS WAIVED

12. General Provisions

• Governing Law: Laws of New South Wales, Australia
• Venue: Courts of New South Wales
• Severability: Invalid provisions shall be severed
• Force Majeure: No liability for acts beyond our control
• Assignment: We may assign these Terms; you may not
• Waiver: No waiver unless in writing

13. Special Warnings

Contact Information

For any questions about these Terms:
Email: legal@sekretspodcast.com
Post: PO BOX 32456, 26 Byron Street Bangalow NSW 2479

BY PARTICIPATING IN SEKRETS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY.