PRIVACY POLICY

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DEFINITIONS

In this Policy the following definitions apply:

• “we” or “our” means Akordi Pty Ltd (including any of its related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth));
• “you” means any user of the Software Service; and
• “Services” means all of Akordi’s services and products provided to you, including Akordi’s proprietary software-as-a-service application platform and this website.

We are committed to keeping personal information accurate and private. This Privacy Policy, together with any terms of use of our website and systems, sets out what happens to personal information we collect directly from you, through our website or through any other form of communication with us, or which you communicate to our agents or contractors.

This Privacy Policy applies to personal information we handle about our users, business partners, customers, visitors to our website, individuals who access our sites/premises and other members of the public.

Where we provide the Services under any agreement with an organisation (for example, your employer or client), that organisation controls the information processed by the Services. This policy does not apply to the extent we process personal information in the role of a processor on behalf of such organisations. For more information, please refer to our “Notice to End Users” below.

APPLICABLE PRIVACY LAWS

We are bound by the laws of the countries where we operate which protect the privacy of individuals by regulating the collection and use of personal information.

These laws may contain exemptions for the collection and use of some personal information, including employee and staff records. We may also be bound by workplace surveillance legislation in some countries which regulate camera, computer and tracking surveillance of employees and staff.

The relevant data privacy law(s) governing our main countries of operation are likely to be:

• Australia Privacy Act 1988 (Cth) and the Australian Privacy Principles
• Canada Personal Information Protection and Electronic Documents Act 2000
• Hong Kong Personal Data (Privacy) Ordinance (Cap. 486)
• Jersey Data Protection (Jersey) Law 2018
• United Arab Emirates UAE Penal Code and DIFC Data Protection Law 2007
• United Kingdom Data Protection Act 1998

To the extent that the relevant data privacy law(s) are amended, substituted or repealed from time to time then this Privacy Policy should be read as referring to those relevant data privacy law(s) as so amended, substituted or repealed.

WHAT INFORMATION DOES THIS PRIVACY POLICY APPLY TO?

Personal information is any information (including an opinion) about you where your identity is apparent, or that contains details that may identify you. It may include your name, date of birth, address, postcode, telephone numbers and email address. It includes sensitive information.

Sensitive information is a particular type of personal information about your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health. In certain circumstances we may collect sensitive information about you.

The type of personal information we collect and manage includes:

• Your name, job title and employer
• Your contact details (including address, email address and telephone number)
• Technical and usage data including internet protocol (IP) address, your browser session and geo-location data, device and network
• Marketing and communications data including your preferences in receiving marketing from us and our third parties and your communication preferences
• Any additional information relating to you that you provide to us directly or indirectly through use of the Services, our website or online presence, through our representatives, your employer or otherwise.

HOW DO WE COLLECT YOUR PERSONAL INFORMATION AND WHY?

We only collect personal information that is necessary for us to manage our business effectively, to develop and promote our services and to assist us with complying with our legal, regulatory and contractual obligations.

Generally, we try to collect personal information directly from you but we may collect personal information from publicly available records, third parties and/or other sources. We will only collect personal information about you from publicly available records, third parties and/or other sources if it is unreasonable or impracticable to collect it from you directly.

We will only collect sensitive information about you if we have your consent or we are permitted or required by law to collect the information.

The ways we collect personal information include:

• through access to or any forms available on our website, when you sign up to our Services, subscribe to our marketing communications or when you engage with Us either through this website, in emails, over the telephone and in your online enquiries;
• our dealings with clients, contractors, subcontractors, suppliers and other service providers;
• during conversations between you and our representatives;
• through the Services, including personal information that you input into, or is automatically derived from, your use of the Services;
• through publicly available sources; and
• through third party companies engaged to undertake credit reference and due diligence checks on individuals and organisations with whom we engage in the operation of our business.

If we receive your personal information and we did not request it, then we will determine, within a suitable time after receiving that information, whether it is reasonably necessary for us to retain that information and in the case of sensitive information, whether you consented to the collection. If not, we will de-identify or destroy the information.

Regardless of how we obtain the information, we will take reasonable steps to ensure that you are aware of the way we are collecting the information, any laws requiring the collection, who we usually disclose it to and any consequences for you if we are not provided with the information.

PURPOSE FOR WHICH WE COLLECT PERSONAL INFORMATION

We may collect your personal information to enable us to properly operate, manage and administer our business including:

• to enable you to access and use our website;
• to onboard you as a client, including to perform any due diligence checks;
• maintaining effective access, safety and security controls for our sites and Services;
• to provide the Services and personalise your experience, including to provide customer support and operate, maintain and improve the Services and to process and respond to specific inquiries or issues that you have raised with us;
• to communicate with you about the Services, answer your queries or get in touch to understand if you are interested in Akordi products and services;
• compilation of, maintenance and access to business contact databases;
• for analytics, market research and business development purposes, including to operate and improve the Services, associated applications and social media platforms;
• for research and development purposes;
• where you are a representative of an organisation with whom we deal, in relation to the services that we provide to (and/or receive from) that organisation;
• to investigate any allegation or complaint about our practices or conduct made by you;
• compliance with our legal and regulatory requirements, policies and contractual obligations or in cooperation with any governmental authority of any country;
• to protect our legitimate business interests and legal rights;
• management of claims, disputes and litigation proceedings arising out of our business operations;
• processing and responding to enquiries, allegations or complaints from members of the public;
• to conduct business processing functions including providing personal information to our related companies, contractors, service providers or other third parties;
• investigation/prevention/detection/prosecution of unlawful or inappropriate activities; and
• monitoring use of our website.

PASSIVE INFORMATION COLLECTION

As you navigate through our website or otherwise use our Services, systems and technology, we may collect information about your computer including, where available, your IP address, operating system and browser type, for system administration. This is statistical data about our users' browsing actions and patterns and does not identify any individual.

We use ‘cookies’ which are small text files placed on your computer by a web page server which may later be retrieved. A cookie enables us to recognise your computer without the need for a fresh request for you to register. The cookies do not allow us to collect personally identifiable information about you.

HOW WE USE YOUR PERSONAL INFORMATION

We use the personal information we collect to enable us to effectively and efficiently conduct our business. The precise use can vary, depending on the circumstances in which it was collected, including:

• for any of the purposes set out in this Privacy Policy;
• to update your details and keep our records up to date;
• to provide you with access to protected areas of our website; and
• to conduct business processing functions and reporting including providing information to our related companies, contractors, suppliers, service providers, business partners, clients and other third parties.

For personal information that is sensitive information, we will only collect, use or disclose that information where it is reasonably necessary in the operation of our business and we have received your consent to do or it is permitted or required by law.

We may also use your personal information for purposes related to those described above which would reasonably be expected by you or to which you have consented.

SHARING YOUR PERSONAL INFORMATION

We may disclose your personal information in certain circumstances, such as where we are required or permitted by law, where you have consented to us doing so or for any of the purposes for which the information was collected.

The persons to whom we typically may disclose your personal information include:

• specified persons in accordance with a request made by you;
• our related companies, business partners, contractors, subcontractors, suppliers, consultants, clients and service providers for the purpose of our business operations including reporting;
• regulators, government authorities, agencies, departments and/or officials where requested to comply with any applicable law, regulation, legal process or governmental request;
• individuals or organisations to whom we have commercial relationships, including individuals; or organisations engaged in providing us with professional, business, technology, corporate and administrative services which are reasonably required for the effective operation of our business;
• government agencies (including local tax authorities) and regulators as required or permitted by law.

Where appropriate, we will only release personal information if we have an appropriate commitment from the recipient to use the information in a lawful, secure and responsible manner and only for the purpose(s) for which it is released.

Cross-border disclosure:
Some of the information we collect is stored on cloud-hosted systems which may be outside the country in which we collect the information. We will only share your personal information outside the country in which we collect the information (including with cloud-hosted systems) if one or more of the following apply:

• We reasonably believe the recipient of the information is subject to a law regarding the holding and use of that information that is substantially similar to the relevant privacy laws of the country in which we collect the information;
• We are permitted or required to do so by law;
• We have taken reasonable steps to ensure that the recipient of the information will not breach the relevant privacy laws of the country in which we collect the information.

You may contact us to obtain a list of countries in which likely overseas recipients of your personal information are located (see “How to contact us” below). As cloud-hosted systems may be accessed from different countries, it is not always feasible for us to know the countries in which some personal information is held.

ACCESS TO YOUR PERSONAL INFORMATION

You may request access to any of the personal information we hold about you by contacting us (see “How to contact us”).

We are required to provide you with that access in accordance with the applicable laws of the jurisdiction that you live or operate in, although there are exceptions such as:

• Where your request is frivolous
• Where there is an unreasonable impact on others
• Where we are prevented by law or a court order.

We reserve the right to require you to verify your identity (so that we process access requests responsibly) and to charge a reasonable fee for the costs of retrieval and supply of any requested information. In some cases, such as where you have requested copies of the personal information that we hold about you (rather than access to that information), we may require you to make your request in writing.

We will respond to access requests within a reasonable time and will give you access in the manner you request usually by mailing or emailing it to you (provided it is reasonably practicable to do so). If we cannot give you access to all the personal information we hold, or if we cannot give you access in the manner you requested, we will take steps to give you alternative access that meets our respective needs.

If we can only give you limited or no access to your personal information, we will set out written reasons why this is the case and you may contact us to complain about that refusal (see “How to contact us” below).

We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up to date, relevant and not misleading. Please notify us of any errors or changes to your personal information and we will take appropriate steps to update or correct such information in our possession.

Where we have corrected your personal information we will take reasonable steps to communicate that correction to any third party with whom we have shared the information (unless it is impracticable or unlawful to do so). If we refuse to correct your personal information following a request by you to do so, we will:

• Set out written reasons why this is the case and you may contact us to complain about that refusal (see “How to contact us” below); and
• At your request (and where we are able to do so), associate with that personal information a statement that it is inaccurate, out-of-date, incomplete, irrelevant or misleading in such a way that the statement is apparent to users of the information.

SECURITY AND RETENTION OF PERSONAL INFORMATION

We store personal information in different ways including in electronic or hard copy form. We will take reasonable precautions in the circumstances to safeguard your information from loss, misuse, interference, unauthorised access, modification, disclosure or destruction.

Some of the measures we take are:

• Insisting on confidentiality from our employees, staff and business partners in their use information we provide to them and/or directing them to the principles we apply regarding personal information;
• Implementing document management controls;
• Using access control and security measures for our sites, premises, assets and business systems;
• Business continuity planning.

You should keep in mind that no internet transmission is ever completely secure or error free. In particular, emails sent to or from our website may not be secure. While we implement security measures to protect your information, we cannot guarantee that information, during transmission through the Internet, or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by third parties.

In accordance with our document / personal information management controls, we will keep some forms of personal information longer than others in line with business or legal requirements. If personal information we hold is no longer reasonably necessary for a purpose identified in this Privacy Policy and we are not required by law to retain that information, we will take reasonable steps to de-identify or destroy that information.

LINKS TO OTHER WEBSITES

Our website may contain links or references to other websites to which this Privacy Policy may not apply. Please always read the privacy statement or policy of every website you visit.

HOW TO CONTACT US

If you have questions or concerns about how your information is handled, please direct your inquiry to us at:

Akordi Pty Ltd
Level 21
100 Mount Street
North Sydney NSW 2060
Email: hello@akordi.com

NOTICE TO END USERS

Our Services are intended for use by organisations. Where these Services are made available to you through an organisation (e.g. your employer or client), that organisation is the administrator of the Services and is responsible for the accounts and/or Service sites over which it has control. If this is the case, please direct your data privacy questions to your administrator, as your use of the Services is subject to that organisation’s policies.

We are not responsible for the privacy or security practices of an administrator’s organisation, which may be different than this policy.

Please contact your organisation or refer to your administrator’s organisational policies for more information.

CHANGES TO THIS PRIVACY POLICY

Our Privacy Policy may change from time to time due to changes in our privacy practices or changes in the law, regulations and/or professional standards. We encourage you to review our privacy policy whenever you use the Services or the website to stay informed about our information practices and the ways you can help protect your privacy.