SafetyIQ Application Privacy Policy

SafetyIQ Application Privacy Policy

SafetyIQ Data Security Statement

SafetyIQ End User Licence Agreement

SafetyIQ Software Licence Agreement

Privacy Policy – J.E.S.I Management Solutions Pty Ltd trading as SafetyIQ

Last updated: 6 April 2023

J.E.S.I Management Solutions Pty Ltd (ACN 159 033 179) (SafetyIQ, we, us and our) respects your privacy and is committed to protecting it.

We comply with the Australian Privacy Principles and the Privacy Act 1988 (Cth) (Privacy Act), which govern the way private sector organisations collect, use, keep secure and disclose Personal Information or Personal Data or Personal Data.

The Privacy Act defines “Personal Information” to mean any information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can be reasonably ascertained, from the information or an opinion.

If you are a resident of the European Union or the United Kingdom, we are required to comply with the GDPR (as defined in Section 11) in relation to your Personal Data (as defined in Section 11).

If you have any concerns or complaints about the manner in which your Personal Information or Personal Data has been collected, used or disclosed by us, please contact us via the information set out in Section 10 and will resolve your concern or answer your question.

We recommend that you keep this information for future reference.

1. The kinds of Personal Information or Personal Data collected, used and disclosed by SafetyIQ

We will only use or disclose your Personal Information or Personal Data for the primary purposes for which it was collected or as consented to by you.  At or around the time we collect Personal Information or Personal Data from you, we will endeavour to provide you with a notice which details how we will use and disclose that specific information.  We set out some common collection, use and disclosure instances in the table below.

Privacy Collection Statement - New & Existing Users

2. How SafetyIQ collects and holds Personal Information or Personal Data
   • Collection generally

As much as possible or unless provided otherwise in this Privacy Policy or a notification, we will collect your Personal Information or Personal Data directly from you.  When you engage in certain activities, such as filling out a survey or sending us feedback, we may ask you to provide certain information.  It is completely optional for you to engage in these activities. Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary.  If you do not provide the mandatory information or any other information we require in order for us to provide our products or services to you, we may be unable to provide our products or services to you in an effective manner, or at all.

• Collection of payment card information

SafetyIQ does not collect your payment card information, where you make a payment card payment within SafetyIQ’s software application for our products and services. Such Personal Information or Personal Data is collected and used by third party payment services, namely, Stripe. You can find more information about how your Personal Information or Personal Data is collected and used in Stripe’s Privacy Policy (https://stripe.com/au/privacy).

• Collection of location information

The SafetyIQ App collects background location information to keep employee’s safe when using location safety features and alerts. SafetyIQ Collects this personal information for the purpose of employee safety. SafetyIQ will only collect your location information with your express and informed consent. Use of certain core safety functions of SafetyIQ which require location information shall only be available when location and tracking services are enabled.

We do not use your location information to provide our products and services to you, without your express consent. If at any time you do not wish for your location information to be accessed, collected or used, you may do this by disabling the location tracking services on your device in respect of SafetyIQ’s software application or by contacting us via the details set out in Section 10 below

• Other collection types

We may also collect Personal Information or Personal Data about you from other sources and third parties. Some examples of these alternative collection events are:

• when we collect Personal Information or Personal Data about you from your employer;
• when we collect Personal Information or Personal Data about you from third parties; or
• when we collect Personal Information or Personal Data about you from publicly available sources including but not limited to, court judgments, directorship and bankruptcy searches, Australia Post, White Pages directory, and social media platforms (such as Facebook, Twitter, Google, Instagram etc).

• Notification of collection

If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why, unless special circumstances apply, including as described in this paragraph 2.5(a) to 2.5(c) below. Generally speaking, we will not tell you when we collect Personal Information or Personal Data about you in the following circumstances:

• where information is collected from any personal referee you have listed on any application form (including any employment application) with SafetyIQ;
• where information is collected from publicly available sources including but not limited to court judgments, directorship and bankruptcy searches, social media platforms (such as Facebook, Twitter, Google, Instagram etc); or
• as otherwise required or authorised by law.

• Unsolicited Personal Information or Personal Data

In the event we collect Personal Information or Personal Data from you, or a third party, in circumstances where we have not requested or solicited that information (known as unsolicited information), and it is determined by SafetyIQ (in its absolute discretion) that the Personal Information or Personal Data is not required, we will destroy the information or ensure that the information is de-identified.

• How we hold your Personal Information or Personal Data

Once we collect your Personal Information or Personal Data, we will either hold it securely and store it on infrastructure owned or controlled by us or with a third party service provider who have taken reasonable steps to ensure they comply with the Privacy Act. We provide some more general information on our security measures in Section 8 (Data security and quality).

• IP addresses

We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services.  This information does not identify you personally. However, in some cases, we may aggregate certain information with other Personal Information or Personal Data we collect and hold about you.  SafetyIQ extends the same privacy protection to your Personal Information or Personal Data when gathered from other sources, as detailed in this Privacy Policy.

3. Uses and discloses of Personal Information or Personal Data

• Use and disclose details

We provide a detailed list at Section 1 of some common uses and disclosures we make regarding the Personal Information or Personal Data we collect.

• Other uses and disclosures

We may also use or disclose your Personal Information or Personal Data (excluding location information) and in doing so we are not required to seek your additional consent:

• when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your Personal Information or Personal Data to be used or disclosed for such a purpose;
• if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety;
• if we have reason to suspect that unlawful activity has been, or is being, engaged in; or
• if it is required or authorised by law.

• Use and disclosure procedures

In the event we propose to use or disclose such Personal Information or Personal Data other than for reasons set out in the above table at Section 1 or as otherwise outlined in this Privacy Policy, we will first notify you or seek your consent prior to such disclosure or use. Your Personal Information or Personal Data is disclosed to these organisations or parties only in relation to the products or services we provide to you or for a purpose permitted by this Privacy Policy. We take such steps as are reasonable to ensure that these organisations or parties are aware of the provisions of this Privacy Policy in relation to your Personal Information or Personal Data.

• Communications opt-out

If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact us via the details set out at Section 10 of this policy and we will ensure the relevant communication ceases.  Any other use or disclosure we make of your Personal Information or Personal Data will only be as required or authorised by law or as permitted by this Privacy Policy or otherwise with your consent.

4. Sensitive information

• Sensitive information generally

Sensitive information is a subset of Personal Information or Personal Data.  It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates.

• Collection and use of sensitive information

In general, we attempt to limit the collection of sensitive information we may collect from you, but depending on the uses you make of our products this may not always be possible and we may collect sensitive information from you in order to carry out the services provided to you.  However, we do not collect sensitive information from you without your consent. The type of sensitive information we may collect about you is dependent on the services provided to you by SafetyIQ will be limited to the purpose(s) for which it is collected.

• Consent

Where we anticipate collection and use of sensitive information, we will obtain your express consent from you at (or around) the point in time in which we collect the information.

5. Credit Information and our Credit Reporting Policy

• Credit information generally

The Privacy Act 1988 (Cth) contains provisions regarding the use and disclosure of credit information, which applies in relation to the provision of both consumer credit and commercial credit.

• Credit information and SafetyIQ

As we provide terms of payment of accounts which are greater than 7 days, we are considered a credit provider under the Privacy Act in relation to any credit we may provide you (in relation to the payment of your account with us). We use credit related information for the purposes set out in the “Credit information” section of the table at Section 1 above and our Credit Reporting Policy which includes but is not limited to using the information for our internal processing of payments made using credit facilities.

• Storage and access

We will store any credit information you provide us, or which we obtain about you, with any other Personal Information or Personal Data we may hold about you. You may request to access or correct your credit information in accordance with the provisions of Section 9 and the provisions of our Credit Reporting Policy.

• Complaints

Please see Section 10 and the provisions of our Credit Reporting Policy if you wish to make a complaint in relation to our handling of your credit information.

• Our Credit Reporting Policy

Please see our Credit Reporting Policy for further information as to the manner in which we collect, use, store and disclosure credit information.

6. Anonymity and pseudo-anonymity

To the extent practicable and reasonable, we will endeavour to provide you with the option of dealing with SafetyIQ on an anonymous basis or through the use of a pseudonym.  However, there may be circumstances in which it is no longer practicable for SafetyIQ to correspond with you in this manner and your Personal Information or Personal Data may be required in order to provide you with our products and services or to resolve any issue you may have.

7. Cross Border Disclosure

• Cross border disclosures

Any Personal Information or Personal Data collected and held by SafetyIQ may be disclosed to, and held at, a destination outside Australia, including but not limited to the United States of America where we utilise third party service providers to assist SafetyIQ with providing our goods and services to you.  Personal Information or Personal Data may also be processed by staff or by other third parties operating outside Australia who work for us or for one of our suppliers, agents, partners or related companies. As we use service providers and platforms which can be accessed from various countries via an Internet connection, it is not always practicable to know where your information may be held.  If your information is stored in this way, disclosures may occur in countries other than those listed above. In addition, we may utilise overseas IT services (including software, platforms and infrastructure), such as data storage facilities or other IT infrastructure. In such cases, we may own or control such overseas infrastructure or we may have entered into contractual arrangements with third party service providers to assist SafetyIQ with providing our products and services to you.

• Provision of informed consent

By submitting your Personal Information or Personal Data to SafetyIQ, you expressly agree and consent to the disclosure, transfer, storage or processing of your Personal Information or Personal Data outside of Australia.  In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to Personal Information or Personal Data.  However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy. The Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of your Personal Information or Personal Data outside of Australia do not breach the privacy principles contained within the Privacy Act.  By providing your consent, under the Privacy Act, we are not required to take such steps as may be reasonable in the circumstances.  However, despite this, we acknowledge the importance of protecting Personal Information or Personal Data and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.

• If you do not consent

If you do not agree to the disclosure of your Personal Information or Personal Data outside Australia by SafetyIQ, you should (after being informed of the cross border disclosure) tell SafetyIQ that you do not consent. To do this, either elect not to submit the Personal Information or Personal Data to SafetyIQ after being reasonably informed in a collection notification or please contact us via the details set out at the top of this document.

8. Data security and quality

• SafetyIQ’s security generally

We have taken steps to help secure and protect your Personal Information or Personal Data from unauthorised access, use, disclosure, alteration, or destruction.  You will appreciate, however, that we cannot guarantee the security of all transmissions or Personal Information or Personal Data, especially where human error is involved or malicious activity by a third party. Notwithstanding the above, we will take reasonable steps to:

• make sure that the Personal Information or Personal Data we collect, use or disclose is accurate, complete and up to date;
• protect your Personal Information or Personal Data from misuse, loss, unauthorised access, modification or disclosure both physically and through computer security methods, including by encrypting all Personal Information or Personal Data stored and processed by SafetyIQ; and
• destroy or permanently de-identify Personal Information or Personal Data if it is no longer needed for its purpose of collection.

For more information, please see our Data Security Statement which details our data handling practices.

• Accuracy

The accuracy of Personal Information or Personal Data depends largely on the information you provide to us, so we recommend that you:

• let us know if there are any errors in your Personal Information or Personal Data; and
• keep us up-to-date with changes to your Personal Information or Personal Data (such as your name or address).

We provide information about how you can access and correct your information in Section 9.

9. Access to and correction of your Personal Information or Personal Data

You are entitled to have access to any Personal Information or Personal Data relating to you which we hold, except in some exceptional circumstances provided by law (including the Privacy Act).  You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading. If you would like access to or correct any records of Personal Information or Personal Data we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out in Section 10 of this document.

10. Resolving Privacy Complaints

• Complaints generally

We have put in place an effective mechanism and procedure to resolve privacy complaints.  We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.

• Contacting SafetyIQ regarding complaints

If you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your Personal Information or Personal Data, please contact us:

• • Telephone:        1800 491 746
  • Email:                corporateservices@safetyiq.com.au
  • Address:            Level 10, 15 Green Square Close Fortitude Valley Qld 4006

• Steps we take to resolve a complaint

In order to resolve a complaint, we:

• will liaise with you to identify and define the nature and cause of the complaint;
• may request that you provide the details of the complaint in writing;
• will keep you informed of the likely time within which we will respond to your complaint; and
• will inform you of the legislative basis (if any) of our decision in resolving such complaint.

• Register of complaints

We will keep a record of the complaint and any action taken in a Register of Complaints.

11. GDPR

• Definitions

In providing our products and services, or collecting and using your Personal Data, we are required to comply with the GDPR where you are a European Union resident or a United Kingdom resident. The following defined terms have the associated meanings:

• “Data Subject” has the meaning attributed to that term in the GDPR.
• “GDPR” , when used in the context of European Union residents, means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, and repealing Directive 95/46/EC and when used in the context of United Kingdom residents, means the UK General Data Protection Regulation as implemented by the Data Protection Act 2018; and
• “Personal Data” means the Personal Data (having the meaning attributed to that term in the GDPR) of the Data Subjects whose data is processed for the purposes of the provision of our retail services.

• GDPR Obligations

If you are a resident of the European Union or the United Kingdom for the purposes of the GDPR, then in addition to what is set out in Sections 1 - 10 above, the following applies to you. Under the GDPR, SafetyIQ is considered a “data controller” in the provision of its services to you, and as such determines the purposes and means for processing of personal data. In addition to your rights of access and correction as set out above, as a Data Subject you may:

• (access) request access to your Personal Data held by SafetyIQ;
• (rectification) request to update or rectify any of the Personal Data that we hold about you by contacting us at the details specified above and request Personal Data updates;
• (erasure) withdraw your consent to SafetyIQ’s use of your Personal Data as described in this policy by deletion or erasure of your Personal Data that we hold where that data is no longer required for the purpose for which it was collected;
• (restriction on processing) obtain from SafetyIQ a restriction on processing of your Personal Data where:
  • accuracy of the Personal Data is contested;
  • the processing by the processor is unlawful (and you oppose erasure but request restriction of use);
  • SafetyIQ no longer needs your Personal Data; or
  • you have objected to processing pursuant to your right to object under Article 21(1) of the GDPR;
• (data portability) request that SafetyIQ:
  • provides you with a copy of the Personal Data that SafetyIQ holds about you in a portable and machine readable form; or
  • share your Personal Data with a nominated third party.
• Exercising Data Subject rights

If you wish to exercise any of your Data Subject rights, then please send your request in writing to the details above in Section 10. We will process your request promptly and in any event, within one month of receipt of receiving it.

• Complaints

If you have any concerns in relation to SafetyIQ collection or processing of your Personal Data, then you also have a right to complain to a supervisory authority (within the meaning of the GDPR).

12. Consent, modifications and updates

• Interaction of this Policy with contracts

This Privacy Policy is a compliance document prescribed by law rather than a legal contract between two or more persons. However, certain contracts may incorporate all, or part, of this Privacy Policy into the terms of that contract. In such instances, SafetyIQ may incorporate the terms of this policy such that:

• certain sections or paragraphs in this policy are incorporated into that contract, but in such a way that they do not give rise to contractual obligations onto SafetyIQ, but do create contractual obligations on the other party to the contract; and
• the consents provided in this policy become contractual terms provided by the other party to the contract.

• Acknowledgement

By using our software application, purchasing a product or service from SafetyIQ, where you have been provided with a copy of our Privacy Policy or had a copy of our Privacy Policy reasonably available to you, you are acknowledging and agreeing:

• to provide the consents given by you in this Privacy Policy; and
• that you have been informed of all of the matters in this Privacy Policy.
• Modifications and updates

We reserve the right to modify our Privacy Policy as our business needs require. We will take reasonable steps to notify you of such changes (whether by direct communication or by posting a notice on our website).  If you do not agree to our continued use of your Personal Information or Personal Data due to the changes in our Privacy Policy, please cease providing us with your Personal Information or Personal Data and contact us via the details set out in Section 10 of this document.