WEBSITE PRIVACY POLICY
This Privacy Policy applies to all personal information collected by The Trustee for Keogh Ventures Trust T/A SEQ Weather (ABN 90 574 556 471) via the website located at seqweather.com, the SEQ Weather app, and related services (the SEQ Weather Room, camera and hazard map tools, the content submission service, and member accounts and subscriptions).
1. What is “personal information”?
(a) The Privacy Act 1988 (Cth) currently defines “personal information” as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:
(i) whether the information or opinion is true or not; and
(ii) whether the information or opinion is recorded in a material form or not.
(b) A photo or video that shows an identifiable person is personal information about that person, even if you are the one who took or submitted it.
(c) If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “personal information” and will not be subject to this privacy policy.
2. What information do we collect?
(a) General website use: name, email address, phone number and IP address, where you provide these (for example through a contact form), plus standard cookies.
(b) Content submissions: if you submit a photo, video or description through our Content Submission service, we collect your name, email address, phone number, the content itself, and any description you provide. If your content shows other identifiable people, we also collect their image as part of that content — our Content Submission Usage Agreement sets out what we ask you to confirm about anyone else who appears in what you submit, including children.
(c) The SEQ Weather app: if you use our app, we may also collect your device’s location (for example, to show relevant local weather, cameras or alerts), a push-notification token (so we can send you weather or storm alerts), and account details if you create an account or save preferences.
(d) Camera and hazard map tools: viewing public camera images, live streams and hazard map data on our website or app does not itself collect any extra personal information beyond the standard IP address and cookie information described above.
(e) Accounts: if you create an account we collect your username, email address, your first and last name and a mobile number if you choose to give them, and a password (which we store only in a scrambled form that we cannot read). We also record which plan you are on, when you joined, and technical details of your logins such as the time and IP address, to keep your account secure. If you choose a location or save places (a name and a point accurate to about 1 km), we store them on your account so they follow you to your other devices.
(f) Payments: if you subscribe to SEQWeather +, your payment is handled by Stripe. Your card details go directly to Stripe and are not stored on our website or servers. We receive from Stripe the confirmation of payment, the card brand and last four digits, your billing name and email, and the status and dates of your subscription.
3. How we collect your personal information
(a) We may collect personal information from you whenever you input such information into the website or app, including creating an account, subscribing, or uploading content through our Content Submission service.
(b) We also collect cookies from your computer which enable us to tell when you use the website and also to help customise your website experience. As a general rule, however, it is not possible to identify you personally from our use of cookies.
(c) Our app may request permission to access your device’s location or send push notifications; you can decline or withdraw this at any time through your device settings.
(d) When you log in we set cookies that keep you logged in and remember your choices (for example “keep me logged in”). They are needed for the member features to work.
4. Purpose of collection
(a) The purpose for which we collect personal information is to provide you with the best service experience possible on the website and app, including publishing weather and storm content you submit, contacting you about your submission if needed, and sending relevant alerts through the app. We also use it to run your account, to keep your chosen location and saved places on your account, to show ads to visitors and free members (paid members see none), to provide SEQWeather + features, to take payments and keep billing records, to answer your questions, to keep the service secure, and to meet our legal obligations.
(b) We customarily disclose personal information only to our service providers who assist us in operating the website, app, content submission service and memberships. This includes sending submitted images and descriptions to OpenAI, a United States-based service provider, for automated content moderation and to help our team prepare content for publication. It also includes Stripe, which processes payments, and the hosting and email-delivery providers that run our website and send our emails. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
(c) If media outlets request to use content you have submitted, we will only share your contact details with them if you agree at the time, as set out in our Content Submission Usage Agreement.
(d) Emails about your account (for example password resets, receipts and changes to your membership) are sent because you have an account with us. We will only send you marketing email, such as newsletters or offers, if you have asked for it, for example by ticking a box, or where the law otherwise allows. We do not use sensitive personal information in direct marketing. Every marketing email will say who sent it, include our contact details, and have a working unsubscribe link; we will stop sending within five working days of your request. We do not sell your personal information or give your email address to others for their marketing.
5. Content submissions and third parties
(a) If you submit a photo or video that shows other people, our Content Submission Usage Agreement asks you to confirm that those people have agreed to appear and be published, and that a parent or guardian has agreed on behalf of anyone under 18.
(b) If you appear in content someone else has submitted and would like it removed, please contact us using the details below. We will consider your request in good faith, but removing or editing content already published or shared to third-party platforms (including Facebook and other social media) may not always be possible.
6. Access and correction
Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below. You can update your name, email and password yourself in My account.
7. Complaint procedure
If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by Dan Keogh and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
8. Overseas transfer
We use some overseas-based service providers to help operate our services — for example, submitted content may be sent to OpenAI (based in the United States) for automated moderation and to assist with preparing content for publication, and payments are processed by Stripe, which may handle your payment information in Australia and in other countries including the United States. Other than this, your personal information will not be disclosed to recipients outside Australia unless you expressly request us to do so. Overseas recipients are not required to comply with the Australian Privacy Principles, and while we take reasonable steps to ensure they handle your information appropriately, we will not be liable for any mishandling of your information by an overseas recipient outside our control.
9. How long we keep information, and security
(a) We keep your account information while your account is open. You can ask us to close your account and delete your personal information at any time, by choosing “End it now (Delete Account)” in My account (we email you a link to confirm) or by contacting us; we will do so unless we are required or permitted by law to keep it.
(b) We keep billing and payment records for as long as the law requires us to keep financial records (at least five years).
(c) We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access. If a data breach is likely to result in serious harm to you, we will notify you and the Office of the Australian Information Commissioner as required by law.
10. How to contact us about privacy
If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us at dan@seqweather.com, or by post at PO Box 5298, Brassall QLD 4305.
TERMS OF SERVICE
These Terms of Service apply to your use of the website located at seqweather.com, the SEQ Weather app, and related services (the SEQ Weather Room, camera and hazard map tools, the content submission service, and member accounts and subscriptions), operated by The Trustee for Keogh Ventures Trust T/A SEQ Weather (ABN 90 574 556 471) (“SEQ Weather”, “we”, “us”). By using our services, you agree to these terms.
1. Not an official warning service
(a) SEQ Weather is an independent, non-official weather and hazard information service run by storm-chasing enthusiasts. Our forecasts, commentary and analysis reflect our own opinion and are not produced by a qualified or registered meteorologist. We are not the Bureau of Meteorology, Queensland Fire and Emergency Services, or any other government agency, and our services are not a substitute for official warnings.
(b) For safety-critical decisions, always follow official advice from the Bureau of Meteorology, Queensland Fire and Emergency Services, the SES, and other responsible authorities. In a life-threatening emergency, call 000.
2. Forecasts and information are not guaranteed accurate
(a) Our services and all content on them — including weather forecasts, storm and fire danger ratings, river heights, radar, satellite imagery, camera feeds, sensor readings and commentary — are provided “AS IS” and “AS AVAILABLE”, for general information only. Some content is sourced or forecast by third parties (including the Bureau of Meteorology, and other government agencies), and some is generated automatically; none of it is guaranteed to be accurate, complete, current or free of error or delay.
(b) We do not warrant that our services will be uninterrupted, error-free, or free of viruses or other harmful components, or that any defect will be corrected.
(c) It is your responsibility to make your own assessment of the currency, accuracy and completeness of any information or images provided, and to exercise your own judgement before relying on them, particularly in relation to severe weather, bushfire, flood or other hazardous conditions. Any decision you make in response to our content is made at your own risk.
3. Limitation of liability
(a) To the maximum extent permitted by law, SEQ Weather does not accept any responsibility or liability for any loss, damage (including property damage), personal injury, death, or other consequence arising from your use of, or reliance on, our services, any forecast, rating, image, camera feed, or other information provided through them, or any decision made or action taken (or not taken) as a result.
(b) Without limiting the above, we exclude liability for loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, and any indirect, consequential, special or exemplary damages, whether arising in contract, tort (including negligence) or otherwise.
(c) This includes, without limitation, loss or damage arising from a forecast, rating or warning proving to be inaccurate, from a service outage or delay, or from content submitted by other users.
(d) Nothing in these terms excludes, restricts or modifies any consumer guarantee or other right that cannot lawfully be excluded under the Australian Consumer Law.
4. Camera feeds, sensors and mobile probes
Camera images, live video, sensor readings and mobile probe positions are supplied by a mix of our own and third-party equipment and sources, any of which may be delayed, offline, or inaccurate, and displayed positions and warning areas shown on maps are approximate. They should not be used as the sole basis for a safety decision.
5. User-submitted content
Photos, video and descriptions submitted by members of the public are published under the terms of our Content Submission Usage Agreement. SEQ Weather does not independently verify the accuracy of submitted descriptions, locations or times, and is not liable for any error, omission or consequence arising from user-submitted content.
6. Third-party links and services
Our services may link to, embed, or rely on data from third-party websites and services (including government agencies, OpenStreetMap and others). We do not control and are not responsible for the availability, accuracy or content of third-party services.
7. Acceptable use
You agree not to misuse our services, including by attempting to disrupt or overload them, scraping data at a rate that could affect other users, or submitting content you do not have the right to share.
8. Accounts
(a) You can create a free account. You must give accurate details, keep your password secret, and tell us promptly if you think someone else has used your account. You are responsible for what happens under your account.
(b) An account is for one person. You must not share your login or let others use your SEQWeather + access.
(c) If you are under 18, please get a parent or guardian to set up and manage any paid membership with you.
(d) We may suspend or close an account that breaks these terms or is used to harm the service or other people. You can close your account at any time by contacting us.
9. Memberships and payments
(a) Free Member: a free account. Free Members see advertising on the site, can save up to 3 places, and can use the Weather Room tools we list as free from time to time. We may change what a free account includes by giving notice on the site.
(b) SEQWeather +: a paid plan that includes everything in a free account, with no advertising, up to 10 saved places, plus the member-only weather tools, layers and content (including the Model Explorer) we list on the Membership page from time to time. Prices are in Australian dollars. As at the date of these terms: A$4.99 per month (renews automatically), or A$19.99 every 6 months (both renew automatically). No GST is charged.
(c) Automatic renewal: your subscription renews automatically at the end of each month (Monthly) or each 6 months (6 Months), and we (through Stripe) will charge the card you used for the next period at the price then advertised, until you cancel. You authorise us to do this when you subscribe. We email you about a week before each 6 Months renewal, with the date and the price, so you can cancel first if you want to.
(d) Cancelling: you can cancel at any time in My account. We do not charge a cancellation fee. After you cancel you keep SEQWeather + until the end of the period you have already paid for, and you will not be charged again.
(e) Refunds: we do not give refunds for part of a period you have already paid for, except where the Australian Consumer Law or other law entitles you to one. Nothing in these terms limits those rights. If you think a charge was made in error, contact us using the form on our Contact Us page and mention billing in your message.
(f) Price changes: if we increase the price, we will email you at least 30 days before the new price applies to you, and you can cancel before then without being charged the new price.
(g) Failed payments: if a payment fails we may try the card again and tell you by email. If it still cannot be taken, your SEQWeather + access may end until payment is made.
(h) Changes to SEQWeather +: we may add, change or remove individual features. If a change removes a main benefit during a period you have paid for, we will tell you and you may cancel and ask for a refund of the unused part of that period.
(i) Changing plans: if you switch between Monthly and 6 Months, the change is not prorated. The new plan starts when you pay for it, and we do not credit or refund the unused part of the plan you leave, except where the Australian Consumer Law entitles you to. The best time to change is just before your current period ends. After you change, check My account to make sure only the plan you want is active. To go back to the Free plan, cancel the renewal in My account: you keep your paid plan until the end of the period you have paid for, and then move to Free automatically.
(j) Promotional codes: a code may give a free or discounted period on a plan. Codes have limits (for example a closing date, a number of uses and one use per person), may be changed or withdrawn, and have no cash value. A free period ends without charge unless you choose to pay for another.
10. Emails
We send emails about your account and membership (for example password resets and receipts). We send marketing email only to people who have asked for it, and every marketing email has an unsubscribe link and our contact details. See our Privacy Policy above.
11. Changes to these terms
We may update these Terms of Service from time to time. If a change affects your paid membership we will tell you by email. Continued use of our services after a change takes effect means you accept the updated terms.
12. Governing law
These terms are governed by the laws of Queensland, Australia.
13. Contact
If you have any questions about these terms, you can contact us at dan@seqweather.com (general), the Contact Us form (billing), or by post at PO Box 5298, Brassall QLD 4305. See also our Content Submission Usage Agreement.