PRIVACY POLICY
1. PURPOSE OF THIS POLICY
MarkSmart Pty Ltd (ACN 663724883), its related bodies corporate, and affiliates (collectively referred to as “MarkSmart,” “we,” “us,” or “our”) acknowledge the importance of protecting the privacy of our users and partners. This privacy policy provides a transparent view of how we collect data and why, as defined by the 13 principles of the Privacy Act 1988 (Privacy Act).
1.1. We have implemented this Policy to ensure that we have standards in place to protect the customer information that we collect. This information is necessary and incidental to:
(a) providing the system and services that we offer;
(b) the operation of our website; and
(c) the normal day-to-day operations of our business.
1.2. We ensure that we comply with the Australian Privacy Principles set by the Australian Government for the handling of personal information under the Privacy Act.
2. WHO AND WHAT THIS POLICY APPLIES TO
2.1. We collect customer information on our behalf and on behalf of organisations that use the MarkSmart Platform and other services provided by us.
2.2. This Policy applies to all forms of information, physical and digital, whether collected or stored electronically or in hard copy.
2.3. If an individual provides customer information or other information about someone other than themselves, the individual warrants that they have that person’s consent to provide such information for the specified purpose.
3. THE INFORMATION WE COLLECT AND RECEIVE
3.1. In the course of our business, we collect customer information, which allows us to identify individuals for the purposes of our business, share customer information when asked of us, contact individuals in the ordinary course of business, and transact with them. The type of information we may collect includes:
(a) customer information: to access our services, we may need to collect customer information, including first name, last name, email address, and phone number;
(b) contact information: we may collect information such as an individual’s email address, telephone or fax number, third-party usernames, residential, business and postal address, and other information that allows us to contact the individual;
(c) other information: we may collect user names, user role within an organisation/school, user account login details, contact details, including the name and email address of the user’s manager, statistical information when an individual uses the MarkSmart platform or our website, training data in the form of training materials and content, and any personal correspondence that an individual sends us;
(d) statistical information: when an individual uses the MarkSmart platform or our website, we may make a record and log some or all of the following information for statistical or maintenance purposes: volume of accounts used, duration and frequency of use, data level and bandwidth used, data level uploaded and downloaded, the type of device used, the browser used, and the internet provider to whom the individual is connected;
(e) training data: information and data in the form of training materials and content;
(f) information an individual sends us: we may collect any personal correspondence that an individual sends us.
3.2. We may collect other customer information about an individual, which we will maintain in accordance with this Policy.
3.3. We do not collect sensitive information as defined in the Privacy Act (such as information regarding an individual’s health or health treatment).
3.4. We may also collect information regarding an individual’s location at the time of access, including through the use of Application Programming Interfaces (APIs) or by reference to the individual’s IP Address.
4. HOW INFORMATION IS COLLECTED
4.1. We primarily collect information from individuals who use our services, make enquiries, use our website or engage with us in any way. However, we may also receive Customer Information from staff, and business partners. The collection of information occurs in various ways, including:
(a) Registration/Subscriptions: When individuals register or subscribe to our services, they enter their Customer Information details to receive or access them;
(b) Supply: When individuals provide us with goods or services;
(c) Contact: When individuals contact us in any way;
(d) Access: When individuals access us through the internet, we may collect information using cookies, APIs, or analytical services (individuals can adjust their browser’s settings to accept or reject cookies); and/or
(e) Use: When individuals use the services we provide.
4.2. Cookies collected via our MarkSmart website include but are not limited to; Google Analytics Facebook pixels (c) Google Ads (d) LinkedIn pixels.
4.3. We will make every effort to ensure that individuals are always aware of when we collect their Customer Information, as it can occur both electronically and physically.
4.4. If we accidentally acquire Customer Information without an individual’s knowledge, we will either delete/destroy the information or inform the individual that we hold such information, in accordance with the Australian Privacy Principles.
5. USE AND DISCLOSURE OF CUSTOMER INFORMATION
5.1. In general, we will not use Customer Information for any purpose other than the one for which it was collected, without the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.
5.2. We will retain Customer Information for as long as necessary to fulfil the purposes outlined in this Policy, unless a longer retention period is required or permitted by law.
5.3. Customer Information, such as training data and results, may be disclosed to a user’s account administrator or other delegated users determined by such account administrator.
5.4. We may disclose Customer Information to affiliated companies, government agencies, and other third parties in accordance with this Policy and the Australian Privacy Principles.
5.5. We will not disclose or sell an individual’s Customer Information to unrelated third parties under any circumstances.
5.6. We use information to enable us to operate our business, particularly as it relates to individuals. This may include:
(a) Providing access to our services;
(b) Improving the quality of our services;
(c) Verifying an individual’s identity;
(d) Communicating with an individual about:
(i) Their relationship with us;
(ii) Our own marketing and promotions to customers and prospects;
(iii) Surveys and questionnaires;
(e) Investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been engaged in any unlawful activity; and/or
(f) As required or permitted by law (including the Privacy Act).
5.7. There are some circumstances in which we must disclose an individual’s information: (a) Where we reasonably believe that an individual may be engaged in fraudulent, deceptive, or unlawful activity that a governmental authority should be made aware of; and (b) As required by any law (including the Privacy Act).
6. DATA RETENTION
6.1. We will retain Customer Information in accordance with any applicable terms in the Software as a Service Agreement and customer’s use of services functionality, and as required by applicable law. We may retain information pertaining to individuals’ use of our services for as long as necessary for the purposes described in this Policy. This may include keeping information after an individual has deactivated their account for the period needed for us to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce our agreements.
6.2. If you wish to have your personal information deleted from our services, you can make a written request to our Privacy Officer.
6.3. If you do not have a MarkSmart account but have provided personal data to us, you can initiate a written request for deletion by contacting our Privacy Officer.
7. CHOOSING WHETHER TO BE CONTACTED
7.1. You have the right to choose whether we collect your personal information. If you choose not to provide this information, it may prevent us from offering you some or all of our services, and you may lose access to services that you currently use with or through us. You will have the opportunity to opt in or opt out of information collection and receiving information from us, where relevant.
7.2. If you would like to opt out of receiving marketing or you receive information from us that you did not agree to receive or that you opted-out of receiving, please contact us using the details below.
Privacy Officer
Nick Bennett
contact@marksmart.com.au
8. SECURING YOUR PERSONAL INFORMATION
8.1. We have appointed a Privacy Officer to manage this policy and ensure compliance with the Australian Privacy Principles and Privacy Act. This officer may have other duties within our business and may also be assisted by internal and external professionals and advisors.
8.2. We take reasonable steps to ensure that any entity outside of Australia to which we disclose your personal information also has measures in place to respect and safeguard your personal information, like an implemented and enforceable policy like ours.
8.3. We will take all reasonable precautions to protect your personal information from unauthorised access, including securing our physical facilities and electronic networks.
8.4. We use encryption to store and transfer customer information. However, the security of online transactions and electronic or postal communications cannot be guaranteed. When you provide information to us online or by post, you do so at your own risk. We cannot accept responsibility for any misuse, loss, or unauthorised access to your personal information where security is not within our control.
8.5. We are not responsible for the privacy or security practices of any third party that we are permitted to disclose your personal information to in accordance with this policy or any applicable laws. The collection and use of your information by such third parties may be subject to separate privacy and security policies.
8.6. If you suspect any misuse, loss, or unauthorised access to your personal information, please let us know immediately.
8.7. We are not liable for any loss, damage, or claim arising from another person’s use of your personal information where we were authorised to provide that person with your personal information.
9. ACCESSING AND UPDATING YOUR INFORMATION
9.1. You have the right to request the personal information we have about you, and we have an obligation to provide you with such information within 30 days of receiving your written request, subject to the Australian Privacy Principles.
9.2. If you are unable to update your own information, we will correct any errors in the personal information we hold about you within seven days of receiving written notice from you about those errors.
9.3. It is your responsibility to provide us with accurate and truthful personal information. We cannot be liable for any incorrect information that you provide to us.
10. COMPLAINTS AND DISPUTES
10.1. If you have a complaint about how we handle your personal information, please address it in writing to the details below.
10.2. If we have a dispute regarding Customer Information, we both must first attempt to resolve the issue directly between us.
10.3. If we become aware of any unauthorised access to Customer Information, we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
11. CONTACTING CUSTOMERS
11.1. From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.
12. CONTACTING US
12.1. All correspondence with regard to privacy should be addressed to:
Privacy Officer
Nick Bennett
contact@marksmart.com.au
AMENDMENTS
This Privacy Policy may be amended at our discretion. These could be additions and deletions. Your continued use of the website following any amendments indicates that you accept the amendments. You should refer back to this web page, which will display the most recent version of our Privacy Policy.