1. Introduction

This document sets out the privacy policy of Communiti Ops Pty Ltd trading as Communiti Labs (ABN 26 675 137 774) (referred to in this privacy policy as 'Communiti Labs 'we', 'us', or 'our'). For the purposes of applicable data protection law, (in particular, the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) and the UK Data Protection Act 2018), your data will be controlled by us.

This privacy policy applies whenever we collect your personal information and/or personal data (Personal Data) on our community engagement data analytics platform (Platform). By providing personal information (including sensitive information) to us, you consent to our storage, maintenance, use and disclosing of personal information in accordance with this privacy policy.

This includes between you, the visitor to this Platform (whether directly as an individual, or on behalf of your company, employer, organisation, government department or other legal entity (Represented Entity)), and us, the owner and provider of this Platform, and also where we are directed by a third party to process your personal data.

We take our privacy obligations seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data in connection with your use of our Platform. It also explains your rights in relation to your personal data and how to contact us or a relevant regulator in the event you have a complaint.

2. Types of personal information we collect

The personal information we collect may include the following:

• name;
• mailing or street address;
• email address;
• social media information;
• telephone number and other contact details;
• age;
• date of birth;
• credit card or other payment information;
• sensitive information as set out below;
• information about your business or personal circumstances;
• information in connection with client surveys, questionnaires and promotions;
• your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
• information about third parties; and
• any other information provided by you to us via our website or our online presence, or otherwise required by us or provided by you.

3. How personal information is collected

We will collect your personal information in a lawful and fair way. We will only collect your personal information where you have consented to it, or otherwise in accordance with the law.

How we collect information from you

We may collect personal information where you:

• contact us through our Platform;
• receive goods or services from us;
• submit any of our online enquiry forms;
• communicate with us via email, telephone, SMS, social applications (such as LinkedIn or Facebook) or otherwise;
• interact with our website, social applications, services, content and advertising; and
• invest in our business or enquire as to a potential purchase in our business.

We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, 'cookies' or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.

4. Use of your personal information

We collect and use personal information for the following primary purposes:

• to provide goods, services or information to you;
• for record keeping and administrative purposes;
• to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing goods or services to you;
• to improve and optimise our service offering and customer experience;
• to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
• to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
• to consider an application of employment from you.

We may also use your personal information for:

• secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use;
• such purposes where we reasonably believe that use of your personal information is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain your consent;
• any other purpose for which we receive consent from you; or
• any other purpose which is permitted or required under applicable privacy laws.

5. Sharing your data

We respect your privacy, and we will take reasonable steps to keep your personal information confidential and protected. We may disclose your personal information to:

• our professional advisors such as lawyers, accountants and auditors;
• our related entities; or
• any third parties you have consented personal information to be disclosed to.

We may also disclose personal information to third party contractors as required for us to provide our services to you, such as cloud-service providers, IT professionals, marketing agencies and debt collection agencies.

We take care to work with such third parties who we believe maintain an acceptable standard of data security and require them not to use your personal information for any purpose except for those activities we have asked them to perform on our behalf.

We will not otherwise disclose your personal information unless:

• you have consented to us disclosing your personal information for particular circumstances;
• as needed in an emergency or in investigation suspected criminal activity;
• we are required to disclose under a subpoena, court order or other mandatory reporting requirements;
• we reasonably believe that disclosure of your information is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain your consent;
• it is reasonably necessary for the establishment, exercise or defence of a legal claim; or
• it is otherwise authorised or required by law.

6. Storage of your personal information

All personal information we collect is stored on servers located in Australia and, for the most part, we do not disclose or transfer personal information overseas.

However, the cloud service providers we engage to provide us Australian-based servers may operate overseas disaster recovery sites or have personnel overseas who may access the personal information we hold to assist us in managing our servers.

We also may use Google Analytics, Fathom analytics or similar software, to track web traffic information which is operated by Google which stores information across multiple countries.

When you communicate with us through a social media service such as Facebook or Twitter, the social media provider and its partners may collect and hold your personal information overseas.

7. Sensitive information

Collection of sensitive information

We may collect sensitive information about you during the course of providing you our goods and services. We will only collect this sensitive information where you consent to such collection and either directly provide us with this information or it is provided by a referring health care provider.

Types of sensitive information we collect

The sensitive information we collect may include the following:

• Current location;
• Residential address; and
• any other sensitive information provided by you or a third party to us via our website or Platform, or otherwise provided by you or a third party to us.

How we use your sensitive information

Your sensitive information will only be used for the purpose of:

• providing you with our goods and services;
• complying with our legal obligations, resolving disputes or enforcing our agreements with you;
• sending you messages, reminders, notices, updates, security alerts, and other information requested by you; or
• any other purpose which is permitted or required under applicable privacy laws.

How we disclose your sensitive information

Your sensitive information will only be disclosed to third parties for the purpose of:

• providing you with services (and other related purposes); or
• any other purpose which is permitted or required under applicable privacy laws.

How you can withdraw consent

If you wish to withdraw your consent to our collection, use or disclosure of your sensitive information, please contact us using the contact details set out below. We will deal with all such requests within a reasonable timeframe.

8. Marketing

We may at times send you marketing communications which will be done in accordance with the Spam Act 2003 (Cth) (Spam Act).

If we do, we may use email, SMS, social media, phone or mail to send you direct marketing communications.

Where consent is needed, we will ask you for your consent before sending you marketing communications, except where you:

• have explicitly opted-in to receiving email marketing from us in the past; or
• were given the option to opt-out of email marketing when you initially signed up for our Platform and you did not do so.

You can, at any time, opt out of receiving marketing materials from us by using the opt-out facility provided (e.g., an unsubscribe link on emails we send you) or by contacting us via the details provided at the end of this privacy policy. We will implement such a request as soon as possible, however, cannot guarantee that such a response will be immediate.

9. De-identified information

The information we collect may have analytical, educational, or commercial value to us. Where we have de-identified the information we have collected, we reserve the right to process and discuss such information. We will seek your consent to release any de-identified written documentation.

10. Security

We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.

11. Links

Our Platform or website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.

12. Your rights

You have various rights with respect to our use of your personal data:

• Access: You have the right to obtain access to your information (if we're processing it) and certain other information (similar to that provided in this privacy notice). This is so that you're aware and can check that we're using your information in accordance with data protection law.
• Rectification: We aim to keep your personal data accurate, current, and complete. We encourage you to contact us using our contact form to let us know if any of your personal data is not accurate or changes, so that we can keep your personal data up-to-date.
• Objecting: You also have the right to object to processing of your personal data in certain circumstances, including processing for direct marketing.
• Restricting: You have the right to 'block' or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further.
• Erasure: You have the right to ask us to erase your personal data when the personal data is no longer necessary for the purposes for which it was collected, or when, among other things, your personal data have been unlawfully processed.
• Portability: You have the right to request that some of your personal data is provided to you, or to another data controller, in a commonly used, machine-readable format.
• Complaints: If you believe that your data protection rights may have been breached, you have the right to lodge a complaint with the applicable supervisory authority. In the UK, the supervisory authority is the Information Commissioner's Office.
• Withdraw consent: If you have given your consent to anything we do with your personal data, you have the right to withdraw your consent at any time. This includes your right to withdraw consent to us using your personal data for marketing purposes.

You may, at any time, exercise any of the above rights, by contacting our email address provided below.

13. How long we keep data

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. We will securely destroy your personal data in accordance with applicable laws and regulations.

If you would like further information about our specific retention periods for your personal data, please contact us using our email address provided below

14. Transfers outside of the European economic area ('EEA')

To provide our services, we may transfer the personal data we collect to countries outside of the UK or EEA which do not provide the same level of data protection as the country in which you reside and are not recognised by the European Commission as providing an adequate level of data protection.

When we do this, we will make sure that it is protected to the same extent as in the EEA and UK as we will put in place appropriate safeguards to protect your personal data, which may include standard contractual clauses.

For more information, please contact us at our email address provided below.

15. Contact us

For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

Name: Dan Ferguson

Email: [email protected]

Our privacy policy was last updated on 12 April 2024.