Privacy Policy

Clear Dynamics Pty Ltd (ABN 33 161 418 328) (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or collected by us, when interacting with you.
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This Privacy Policy takes into account the requirements of the Privacy Act 1988 (Cth). In addition to the Australian laws, individuals located in the European Union or European Economic Area (EU) may also have rights under the General Data Protection Regulation 2016/679 and individuals located in the United Kingdom (UK) may have rights under the General Data Protection Regulation (EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018) (together, the GDPR). Appendix 1 outlines the details of the additional rights of individuals located in the EU and UK as well as information on how we process the personal information of individuals located in the EU and UK.

The information we collect

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

The types of personal information we may collect about you include:‍

  • ‍Identity Data including your name, age, and gender.
  • Contact Data including your telephone number, address and email.
  • Background Verification Data including your government-issued identification details requested as part of our onboarding or process to comply with our due diligence obligations, anti-money laundering laws and related ongoing monitoring commitments.‍
  • Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.‍
  • Technical and Usage Data when you access any of our websites or platforms, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies), and communications with our website.‍
  • Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events.  ‍
  • Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.‍
  • Professional Data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience. ‍
  • Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. In the course of doing business with you, we may collect, or come across such sensitive information in different situations, including during the course of conducting a background verification check on you and when reviewing your CV.

How we collect personal information

We collect personal information in a variety of ways, including:

  • when you interact directly with us, including face-to-face, over the phone, over email, or online;
  • when you complete a form, such as registering for any events or newsletters, or responding to surveys;
  • when you apply for a job with us;
  • from third parties, such as details of your use of any website we operate (from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies); or
  • from publicly available sources, such as social media or the Australian Securities and Investment Commission (ASIC).

Why we collect, hold, use and disclose personal information

We have set out below a description of the purposes for which we plan to collect, hold, use and disclose your personal information:

To enable you to access and use our software, including to provide you with a login.

  • Identity Data
  • Contact Data

To assess whether to take you on as a new employee or client, including to perform anti-money laundering, anti-terrorism, sanction screening, fraud and other background checks on you.

  • Identity Data
  • Contact Data
  • Background Verification Data

To do business with you, including to assess your application, manage your appointments.

  • Identity Data
  • Contact Data

To contact and communicate with you about our business, including in response to any support requests you lodge with us or other enquiries you make with us.

  • Identity Data
  • Contact Data

To contact and communicate with you about any enquiries you make with us via any website we operate.

  • Identity Data
  • Contact Dataa

For internal record keeping, administrative, auditing, invoicing and billing purposes.

  • Identity Data
  • Contact Data
  • Financial Data
  • Transaction Data

For analytics (including profiling on our website), market research and business development, product development, including to operate and improve our business, associated applications and associated social media platforms.

  • Technical and Usage Data

For advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you.

  • Identity Data
  • Contact Data
  • Technical and Usage Data
  • Marketing and Communications Data

To run promotions, competitions and/or offer additional benefits to you.

  • Identity Data
  • Contact Data
  • Interaction Data
  • Marketing and Communications Data

If you have applied for employment with us, to consider your employment application.

  • Identity Data
  • Contact Data
  • Professional Data
  • Background Verification Data

To comply with our legal obligations or if otherwise required or authorised by law.

  • Any relevant Personal Information
Sensitive information:

We only collect, hold, use and disclose sensitive information for the following purposes:

  • any purposes you consent to;
  • the primary purpose for which it is collected for your job application;
  • secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the below listed third parties as reasonably necessary to do business with you;
  • to contact emergency services, or to speak with your family, partner or support person where we reasonably believe there is a serious risk to the life, health or safety of you or another person and it is impracticable for us to obtain your consent; and

if otherwise required or authorised by law.

Our disclosures of personal information to third parties

Personal information:

We may disclose personal information (excluding sensitive information) to:

  • our employees, contractors and/or related entities;
  • IT service providers, data storage, web-hosting and server providers;
  • marketing or advertising providers;
  • professional advisors, bankers, auditors, our insurers and insurance brokers;
  • payment systems operators or processors;
  • our existing or potential agents or business partners;
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
  • courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • third parties to collect and process data, such as analytics providers and cookies; and
  • any other third parties as required or permitted by law, such as where we receive a subpoena.
Sensitive information:

We may disclose sensitive information to:

  • our employees, contractors and/or related entities;
  • IT service providers, data storage, web-hosting and server providers;
  • professional advisors;
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • third parties to collect and process data, such as analytics providers and cookies; and
  • any other third parties as required or permitted by law, such as where we receive a subpoena.

Overseas disclosure

Storage and Access

While we store personal information in Australia, where we disclose your personal information to the third parties listed above, these third parties may store, transfer or access personal information outside of Australia. Your information may be accessed from or transferred to locations outside Australia in these Circumstances:

  • when our service providers are located overseas
  • when we work with overseas business partners
  • when using cloud-based services or data storage solutions
Our Approach to overseas disclosure

Before disclosing your personal information overseas, we take reasonable steps to ensure that the recipient treats your information in accordance with applicable law by only sending what is necessary, requiring recipients to protect your information through contractual agreements which require the recipient to comply with the privacy standards in applicable law or through other mechanisms that provide comparable safeguards and by monitoring how recipients handle your information.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to do business with you.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

‍Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

‍Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

‍Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints

How to contact us about your rights or to make a complaint and what happens next.
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‍Step 1: Contact our privacy officer

What to include:
Your full name, contact details, clear details about your request or complaint, and any relevant dates or reference numbers.
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Step 2: Our response
We will:

  • verify your identity before processing your request
  • investigate thoroughly (for complaints) or process your request (for rights)
  • respond to you in writing within reasonable timeframes and as required by law
  • explain what actions we will take and keep you updated on progress
  • not charge you for making a request (except for reasonable access fees if applicable)
  • help you understand and exercise your rights
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Step 3: If you're not satisfied (complaints only)
If you're not satisfied with our response to your complaint, you can:

  • ask for a review by our senior management, or
  • contact external bodies:
    • Australian residents: Office of the Australian Information Commissioner (Phone: 1300 363 992, Website: www.oaic.gov.au)
    • UK residents: Information Commissioner’s Office (Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, helpline number: 0303 123 1113, website: https://www.ico.org.uk/make-a-complaint)
      You don't have to contact us first before going to the ICO, but we'd appreciate the opportunity to try to resolve your concerns directly with you
      This is the same process whether you want to access your information, correct mistakes, change marketing preferences, or make a complaint about our privacy practices.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

Cookies

We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

For more information about the cookies we use, please see our Cookie Policy below:

We use the following cookies:‍

  • ‍Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website or online services, use a shopping cart or make use of online payment services.
  • ‍Analytical/performance cookies. These are cookies that allow us to recognise and count the number of visitors to our website and to see how visitors move around our website when they are using them. This helps us to improve the way our website works, for example, by ensuring that users find what they are looking for easily.
  • ‍Functionality cookies. These are used to recognise you when you return to our website. These cookies enable us to personalise our content for you and remember your preferences (for example, your choice of language or region).
  • ‍Targeting and advertising cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

PHPSESSIONID (Analytical/ performance) - This cookie contains a unique ID to support functions (for example, last viewed pages) to improve user experience

newsbcsub (Functionality) - This cookie is stored once the user has completed or closed the Register Pop Up, preventing it from re-appearing until after 7 days

TLSCookiesEU (Strictly necessary) - This cookie tracks when a user has accepted that the online Services use cookies preventing the popup from being displayed again during that session

_ga / _gid / _gat (Analytical/ performance) - These cookies are used by our Google Analytics account to track customer traffic through the website to help us understand how our website is being used by our users

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Links to other websites

Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Artificial Intelligence (AI) Technologies

Overview

We use artificial intelligence and machine learning technologies in our business operations and services, including AI tools provided by third parties. We only use these technologies when legally permitted and necessary for our business.

How we use AI

We may use AI technologies to:

  • conduct analysis and data processing
  • generate and modify content and coding
  • improve and optimise our services and operations
  • automate routine tasks and communications
  • personalise your experience with our services
  • support quality assurance processes
  • assist with customer support and queries.
Data protection and security

When we work with third-party AI providers, we ensure they handle your personal information in accordance with privacy laws through contractual requirements and appropriate safeguards.

Your rights and our commitments

Any information generated or inferred about you by AI technologies is treated as personal information, and you maintain all the rights outlined in this privacy policy. When using AI with your personal information, we commit to:

Transparency and control
  • we'll inform you when AI is used to make decisions that may significantly affect you
  • we maintain human oversight and review of significant AI-generated decisions
  • our staff are trained to understand AI limitations and verify outputs before relying on them
  • we implement processes to verify the accuracy of AI-generated outputs
Security
  • we use appropriate technical and organisational measures to maintain the security and integrity of your personal information
  • we regularly test and monitor AI outputs for accuracy and reliability
Risk mitigation
  • we regularly assess and document risks associated with using AI to process personal information
  • we implement appropriate measures to address these risks
  • we continuously monitor AI performance and regularly review their impact

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact us at:

Clear Dynamics Pty Ltd (ABN 33 161 418 328)
Email: Privacy.Officer@cleardynamics.com