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Our legal obligations
We are committed to respecting your privacy and complying with our privacy obligations in accordance with all applicable data protection laws, including the Australian Privacy Principles contained in Schedule 1 to the Privacy Act 1988 (Cth) (the “Privacy Act”). We also comply with the EU General Data Protection Regulation (“GDPR”) to the extent it applies to the personal data that we process (“GDPR Data”).
Personal data we collect and how we use it
We collect personal data that you give us, whether by email, telephone, in person, via application forms or otherwise. We may obtain personal data directly from third parties such as our resellers, related companies, installers, sales agents and any of their representatives. In addition, we may obtain personal data from public sources, where available. However, if it is reasonable and practicable to do so, we will collect personal data about an individual only from that individual. We will only collect GDPR Data for specified, explicit and legitimate purposes and we will not further process GDPR Data that we collect in a manner that is incompatible with those purposes. If you enter and/or upload into the Cloud Services and/or otherwise provide us with personal data about any person other than you (including the personal data of any of your End Users), you must provide the information required by Australian Privacy Principle 5 and Article 14 of the GDPR to the relevant persons to whom the personal data relates.
We will not collect personal information (other than sensitive information) unless the information is reasonably necessary for one or more of our entity’s functions or activities and we will not collect sensitive information unless you consent to the collection and the sensitive information is reasonably necessary for one or more of our functions or activities, or we collect it pursuant to subclause 3.4 of the Australian Privacy Principles. Please notify us if you are not old enough or not otherwise able to provide us with consent, and do not provide us with any consent for the purposes of applicable privacy law.
We will not process GDPR Data that is personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, except where permitted by the GDPR.
The personal data that we collect and how we use it is as follows:
Who we share personal data with
We only disclose personal data to third parties who perform services on our behalf to the extent necessary for them to perform those services. We do not sell personal data to third parties for their own marketing purposes. We may disclose personal data that we collect for all or any of the following purposes:
To enforce our rights and defend any claims, we may also provide your personal data to our lawyers, insurers and professional advisors and any court or administrative body, for one or more of the following purposes:
Third party platforms
Aussiepay may include links to third party websites and platforms. Our linking to those websites and platforms does not mean that we endorse or recommend them. Where an end user uses Aussiepay or the Cloud Services to provide personal data to a third party website or platform, the end user does so at its own risk. We do not warrant or represent that any third party website or platform operator complies with applicable data protection laws. You should consider the privacy policies of any relevant third party websites and platforms prior to sending your personal data to them.
You may interact with social media platforms via social media widgets and tools such as the Facebook Like button and the Facebook pixel that may be installed on Aussiepay. These widgets and tools may collect your IP address and other personal data. Your interaction with such widgets and tools, and any single sign-on services such as Open ID is governed by the privacy policies of the relevant social media operators and single sign-on service providers.
We only process personal data in a manner that ensures appropriate security of the personal data, including by protecting the personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage using appropriate technical or organisational measures.
The technical and organisational measures that we have implemented and will continue to implement while you are a subscriber of Aussiepay cloud are security measures as implemented at Microsoft Azure data centres in Australia.
If you refuse to provide us with personal data
You can only browse limited pages of Aussiepay without registering as a subscriber of Aussiepay, such as the pages that generally describe the services that we make available through Aussiepay, and our About Us and Contact Us pages. However, when you subscribe to Aussiepay, we need to collect personal data from you in order to identify you and setup an account for you on Aussiepay. We will also collect personal data from you when you use the Cloud Services when you enter the personal data into Aussiepay, when you contact us for technical support and assistance with your account and when gathering analytics data about your use of Aussiepay. You have the option of not identifying yourself or using a pseudonym when contacting us to enquire about our Cloud Services, but not if you wish to actually access our Cloud Services or any of our other services.
We do not send “junk” or unsolicited e-mail in contravention of the Spam Act 2003 (Cth). We will, however, use e- mail in some cases to respond to inquiries, confirm purchases, notify you of Software updates and promotions or contact end users. These transaction-based e-mails may be automatically generated. Anytime an end users or visitor receives e-mail it does not want from us the end users can request that we not send further e-mail by contacting us via email at: firstname.lastname@example.org
Contactors and offshore providers
Subject to the following section “GDPR offshore transfers”, and provided that we comply with the provisions of the Australian Privacy Principle 8 (Cross-border disclosure of personal information), we may transfer your personal data to our contractors and service providers who assist us with providing our products and services to you, where we consider it necessary for them to provide that assistance.
We will only engage new third parties to process GDPR Data entered into and/or uploaded into the Cloud Services by you for us to process as a processor on your behalf (“subprocessors”) if you have authorised us to do so pursuant to a specific or general written authorisation and otherwise in compliance with the requirements of the GDPR.
GDPR offshore transfers
However, we will not transfer GDPR Data to any country or organisation outside of the European Union, except:
Unless otherwise agreed in writing by you, any transfer by us of that you upload and/or enter into the Cloud Services for us to process on your behalf which is the subject of the GDPR outside the European Union must not be made unless we have taken such measures as are necessary to ensure the transfer complies with Data Protection Laws. This may include (without limitation) transferring pursuant to the standard contractual clauses approved by the European Commission (including those clauses annexed to Commission decision of 5 February 2010 (2010/87/EU) as amended or superseded), or transferring to a country or organisation in a country outside the European Union that the European Commission has determined provides adequate protection for personal data.
Retention and de-identification of personal data
We will not keep personal data in a form which permits identification of any person for longer than is necessary for the purposes for which the personal data is processed. We will only process personal data that you enter into Aussiepay, and only thereafter for the purposes of deleting or returning that personal data to you (except where we also need to retain the data in order to comply with our legal obligations, or to retain GDPR Data to protect your or any other person’s vital interests). We will, following your cessation of use of the Cloud Services, at your option delete or return to you all of the personal data uploaded and/or entered into the Cloud Services by you. Where you require that personal data is to be returned, it will be returned to you after the end of the provision of services relating to the processing (“Processing Conclusion Date”), and we will thereafter delete all then remaining existing copies of that personal data in our possession or control as soon as reasonably practicable thereafter, unless applicable law requires us to retain the personal data in which case we will notify you of that requirement and only use such retained data for the purposes of complying with those applicable laws.
Where required under the Privacy Act, we will destroy and/or de-identify personal data that we collect about you in accordance with our legal obligations
Your rights under the GDPR
Subject to the provisions and exceptions set out in the Privacy Act and GDPR, under the Privacy Act and/or GDPR, you have a number of rights, including:
Please contact us if you wish to opt out of any communications that we send you or if you wish to exercise any of your rights under the GDPR. We will handle all such requests in accordance with our statutory obligations. If you withdraw your consent for processing, object to the processing of your personal data or request us to erase your personal data and as a result it is not possible or practical for us to continue providing you with the Cloud Services, we may, but we are not obliged to, terminate your subscription and/or access to Aussiepay.
How to access and correct personal data held by us
Notifiable data breaches
Since 22 February 2018, data breaches that are likely to result in serious harm must be reported to affected individuals and the Office of the Australian Information Commissioner, except where limited exceptions apply. For the purposes of the GDPR, certain types of data breaches must also be reported to affected individuals if the breach is likely to result in a high risk of adversely affecting individuals’ rights and freedoms. In addition, the GDPR requires organisations to report certain types of data breaches to the relevant supervisory authority. We have prepared a response plan for addressing data breaches that may occur and have allocated responsibility for managing breaches to a relevant individual or team. We will notify you of any data breach that may affect you where we are required to do so in accordance with our legal obligations.
Our contact details
Aussiepay is owned and operated by Australian Payroll Professional Holdings Pty Ltd. If you wish to contact us for any reason regarding our privacy practices or the personal data that we hold about you, please contact us at this address.
Information Security & Technical Services Consultant (ISTC), Suite 204. Level 2 460 Church Street, Parramatta NSW 2154. email@example.comWe will use our best endeavours to resolve any privacy complaint within 10 business days following receipt of your complaint. This may include working with you on a collaborative basis to resolve the complaint or us proposing options for resolution.
If you are not satisfied with the outcome of a complaint you make refer the complaint to the Office of the Australian Information Commissioner (OAIC) who can be contacted using the following details:
Call: 1300 363 992 Email: firstname.lastname@example.org Address: GPO Box 5218, Sydney NSW 2001