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. 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;
rom 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 in a numbered list 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 Data
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.

Sensitive Information

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

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. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.

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: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

Storage & 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.

You can find more information about the individual cookies we use, their category, and the purposes for which we use them below:

Functionality cookies:

currency - This cookie stores the currency used for any online services
language – This cookie stores the language used for any online services
newsbcsub - This cookie is stored once the user has completed or closed the Register Pop Up, preventing it from re-appearing until after 7 days

Analytical / performance:

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

Strictly necessary:

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

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.

Personal information from single sign-on accounts

If you connect your account with us using a single sign-on account we will collect your personal information from the single sign-on provider. We will do this in accordance with the privacy settings you have chosen with that provider.

The personal information that we may receive includes your name, ID, user name, handle, profile picture, gender, age, language, list of friends or follows and any other personal information you choose to share.

We use the personal information we receive from the single sign-on provider to create a profile for you on our platform.

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: privacyofficer@cleardynamics.com

APPENDIX 1: ADDITIONAL RIGHTS AND INFORMATION FOR INDIVIDUALS LOCATED IN THE EU OR UK

Under the GDPR individuals located in the EU and the UK have extra rights which apply to their personal information. Personal information under the GDPR is often referred to as personal data and is defined as information relating to an identified or identifiable natural person (individual). This Appendix 1 sets out the additional rights we give to 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. Please read the Privacy Policy above and this Appendix carefully and contact us at the details at the end of the Privacy Policy if you have any questions.

What personal information is relevant?

This Appendix applies to the personal information set out in the Privacy Policy above. This includes any Sensitive Information also listed in the Privacy Policy above which is known as ‘special categories of data’ under the GDPR.

Purposes and legal bases for processing

We collect and process personal information about you only where we have legal bases for doing so under applicable laws. We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please reach out to us if you need further details about the specific legal ground, we are relying on to process your personal information where more than one ground has been set out below. This list covers the purpose of use / disclosure, the type of data, and the legal basis for processing.

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

Type of data
- Identity Data
- Contact Data
Legal basis for processing
- Performance of a contract with you

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

Type of data
- Identity Data
- Contact Data
- Background Verification Data
Legal basis for processing
- Performance of a contract with you
- To comply with a legal obligation
- Public interest
- Legitimate interests: ensuring we do not deal with proceeds of criminal activities or assist in any other unlawful or fraudulent activities for example terrorism

To do business with you, including to provide our software service and trouble shoot issues, assess your application, manage your appointments.

Type of data
- Identity Data
- Contact Data
Legal basis for processing
- Performance of a contract with you

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.

Type of data
- Identity Data
- Contact Data
Legal basis for processing
- Performance of a contract with you

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

Type of data
- Identity Data
- Contact Data
Legal basis for processing
- Legitimate interests: to ensure we provide the best client experience we can offer by answering all of your questions.

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

Type of data
- Identity Data
- Contact Data
- Transaction Data
Legal basis for processing
- Performance of a contract with you
- To comply with a legal obligation
- Legitimate interests: to recover debts due to us and ensure we can notify you about changes to our [terms of business] and any other administrative points.

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

Type of data
- Technical and Usage Data
Legal basis for processing
- Legitimate interests: to keep our website updated and relevant, to develop our business, improve our business and to inform our marketing strategy

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.

Type of data
- Identity Data
- Contact Data
- Technical and Usage Data
- Marketing and Communications Data
Legal basis for processing
- Legitimate interests: to develop and grow our business

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

Type of data
- Identity Data
- Contact Data
- Interaction Data
- Marketing and Communications Data
Legal basis for processing
- Legitimate interests: to facilitate engagement with our business and grow our business

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

Type of data
- Identity Data
- Contact Data
- Professional Data
Legal basis for processing
- Legitimate interests: to consider your employment application

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

Legal basis for processing
- To comply with a legal obligation

If you have consented to our use of data about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your data because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer doing business with us. Further information about your rights is available below.

Data Transfers

The privacy protections available in the countries to which we send data for the purposes listed above may be less comprehensive than what is offered in the country in which you initially provided the information. Where we transfer your personal information outside of the country where you are based, we will perform those transfers using appropriate safeguards in accordance with the requirements of applicable data protection laws and we will protect the transferred personal information in accordance with this Privacy Policy and Appendix 1. This includes:

only transferring your personal information to countries that have been deemed by applicable data protection laws to provide an adequate level of protection for personal information; or
including standard contractual clauses in our agreements with third parties that are overseas.

Data Retention

We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Extra rights for EU and UK individuals

You may request details of the personal information that we hold about you and how we are process it (commonly known as a “data subject request”). You may also have a right in accordance with applicable data protection law to have your personal information rectified or deleted, to restrict our processing of that information, to object to decisions being made based on automated processing where the decision will produce a legal effect or a similarly significant effect on you, to stop unauthorised transfers of your personal information to a third party and, in some circumstances, to have personal information relating to you transferred to you or another organisation.

If you are not happy with how we are processing your personal information, you have the right to make a complaint at any time to the relevant Data Protection Authority based on where you live. We would, however, appreciate the chance to deal with your concerns before you approach the Data Protection Authority, so please contact us in the first instance using the details set out above in our Privacy Policy above.

For any questions or notices, please contact us at: privacyofficer@cleardynamics.com‍