LAST UPDATED ON: AUGUST, 23 2017
ZAP Holdings Limited (ZAP) and its related and associated bodies corporate (us, we, our) recognises that your privacy is very important to you and is committed to protecting your personal information in accordance with the data protection regulations in place in your countries of operations (the Regulations).
The Policy sets out how and why we collect personal information, what kind and who it is shared with, and your rights to access and correct that information.
We provide a web-application that may be a hosted cloud service (the Service) for businesses in the areas of: business intelligence, data management, data warehousing, reporting and analytics.
Personal information is information about an identifiable individual. The personal information that we collect and maintain generally includes name, address, occupation, employer, employer’s address and contact details (including phone, and email address). Additional information may be collected by us in order to monetize or operate our Service.
We collect personal information so that we may verify your identity, communicate with you, administer our client relationships, provide products and services, assist with technical support and other issues related to our products and services, monitor and improve our content, website and services, and also send marketing information.
We will not collect personal information unless it is reasonable necessary for or directly related to one or more of our functions or activities.
You can choose not to provide your personal information to us. However, if you choose not to provide your personal information or we are unable to collect the information we reasonably required, it may mean that we are unable to provide you with our products and services.
We collect personal and other information from you when you use or register for our products and services (free or paid), purchase and license our products, or visit our website (including via cookies). If it is reasonably practical to do so, we will collect personal information directly from you.
You can also log in to our site using sign-in services such as Azure Active Directory. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form.
Customers of our Online Service will be using our Service platform to host data and information. As part of our Online Service, we collect information under your direction. In this capacity, you, as Customer, are the controller of the data and ZAP acts as a data processor.
We also collect anonymous information about your interaction with our Service for analytical purposes only, such as Internet protocol (IP) addresses, browser type, operating system information, and performance metrics. This information is collected to ensure the Service reasonably performs in accordance with your SLA, to help troubleshoot any support incident you may have raised, and also to administer our website. This information may be collected when you visit our website, or automatically on a monthly basis or when the Service is upgraded or re-licensed.
We may also collect personal information from third parties, publically available sources of information or our related bodies corporate with whom you share information. All personal information that we or our related bodies corporate collect is reasonably necessary for purposes relating to providing our products and services to you, including to enhance and improve your use of the products and services and keep you informed of relevant upcoming events, products and services.
If someone other than you provides us with personal information about you that we did not ask for and we determine we could have collected this information from you had we asked for it, we will notify you as soon as practicable. This notice will be given unless to do so would be in breach of an obligation of confidence. If we could not have collected this personal information, we will lawfully de-identify and destroy that personal information.
Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
You are responsible for the data you move to our Online Service. We are not the owners or publishers of the data on our servers. We don’t screen content before it is published and we don’t make decisions about what content can exist in the data warehouse of the Service except as described in this policy. You should be mindful of the data you choose to post. If you publish libelous or defamatory statements about someone, you can be sued by that person. If you publish confidential data about your customers that they would expect you to keep private, they might seek recourse, including legal action.
You should only publish confidential data to the Service if you ensure the right security has been implemented to guarantee the information is secured and kept private to authorized users only.
We may be required to collect and hold your sensitive information. We will only do so where it is reasonably necessary for us to do so in order to perform our functions and deliver our products and services, or as otherwise consented to or required or authorised by law.
By providing your sensitive information, you consent to our collection of your sensitive information in accordance with this Policy.
THIRD PARTY INFORMATION
Through your use of our products and services, we may also collect information from you about someone else. If you provide us with personal information about someone else, you must ensure that you are duly authorised to do so, and that we may, without taking any further steps to comply with any applicable data or privacy laws, use, collect and disclose that information for the purposes described in this Policy. This means you must take reasonable steps to ensure the relevant individual is aware of and consents to their personal information being collected, use and disclosed in accordance with this Policy.
LINKS TO OTHER SITES
Occasionally, at our discretion, we may include links to our merchant partners (third party products or services) on our website. The Service also contains links to other sites (such as: blogs, our community and knowledge base forums) that are not owned or controlled by ZAP. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
USE AND DISCLOSURE OF PERSONAL INFORMATION
We may use personal information about you for the primary purpose of providing you with our products, support and services, and for which you would reasonably expect us to use that information, including sending you information about new developments, products, services and special offers. We may use any email address or other personal information you provide to us at any time for this purpose. You authorise us to use any email address or other contact information you provide to us at any time for this purpose.
You can, at any time, opt out of receiving marketing material by contacting us. If you are a customer, you agree and acknowledge that even if you opt out of receiving marketing material, we will still send you essential information that we are legally required to send you relating to the services we provide. Once you opt out of receiving marketing material from us, you agree and acknowledge that this removal from our distribution lists may take several business days after the date of you request to be removed.
We will not use or disclose personal information other than or a purpose as set out in this Policy, or as otherwise consented to by you or permitted or required by law.
In order to deliver our products and services to you, we may disclose personal information to other organisations to whom we outsource certain functions including bulk mailing and market research, but only in relation to providing our products and services to you. We take reasonable steps to ensure that these organisations are bound by privacy obligations in relation to the protection of your personal information.
In all circumstances where contractors and agents may become aware of personal information, confidentiality arrangements apply. Personal information may only be used by our agents and contractors for our purposes.
We take our obligations to protect customer information very seriously and we make every effort to deal only with parties who share and demonstrate the same attitude.
We may transfer your personal information to our related bodies corporate and third parties in foreign countries for the purposes set out in this Policy. Such transfers may be necessary for the supply of our products and services to you, delivery of our business activities and functions or the performance of a contract with a third party which is concluded in your interests.
By providing your personal information, you consent to this transfer.
If you do not want your personal information to be transferred overseas, then you should not provide your personal information to us.
SECURITY AND RETENTION OF YOUR PERSONAL INFORMATION
We are committed to keeping secure the personal information you provide to us or we collect from you. We take all reasonable precautions and use all reasonable endeavours to protect the personal information we hold about you from misuse and loss and from unauthorised access, modification or disclosure.
We have designed our Online Service with security at its core, and have a range of physical and technology policies in place to provide a robust security environment. We ensure the on-going adequacy of these measures by regularly reviewing them.
Our security measures include, but are not limited to:
- restricting access to our environments and physical records to authorised persons and preventing users from accessing information they have no need to access;
- using secure authentication methods and communication technology;
- providing you with a reasonable set of governance and security functionality within the Service
- requiring employees to use unique passwords to gain access to systems. These passwords are changed regularly and their use is independently monitored; and
- employing firewalls and virus scanning tools to prevent unauthorised persons and viruses from entering our system;
- patching and upgrading our Service and the Platform on a regular basis;
- encrypting your data, when possible, and securing encryption keys;
- running security audits and monitoring threats and activity on a regular basis;
If we no longer need your personal information, we will take reasonable steps to destroy or de-identify your personal information in accordance with this document and data retention polices. The exceptions to this are where we are required or authorised by law to retain it.
If we experience a security breach where your personal information is lost, stolen, accessed, used, disclosed, copied, modified or disposed of by any unauthorised person or in an unauthorised manner, will we notify you as soon as reasonably possible. If you reasonably believe that there has been unauthorised use or disclosure of your personal information, please contact our Privacy Officer.
ACCESS TO YOUR INFORMATION
You can request us to provide you with access to the personal information we hold about you. If you request access, we will respond to your request within a reasonable period of time and, where reasonable and practicable, give access to the information in the manner requested. We may charge a reasonable fee for providing this information.
We take all reasonable steps to ensure that your personal information held by us is accurate, up-to-date, complete, relevant and not misleading. If you believe that any of your personal information is not accurate, up-to-date, complete, relevant and non-misleading, please contact our Privacy Officer and we will take reasonable steps in reasonable time to correct your information.
QUESTIONS AND COMPLAINTS
Although we reserve the right to screen or monitor content on our systems, we generally do not do so. If you discover content that you believe should be taken down, you may file a complaint.
You may submit such complaint requesting that we take down content via email or standard mail. The request must include specific information about the allegedly offending content. If your complaint is about copyright, trademark, or publicity rights infringement you must be the copyright owner.
Upon receiving a request:
- If the complaint claims infringement of copyright, we will promptly remove the content pending a counter-notice.
- If the complaint claims (1) infringement of trademark, privacy, or publicity rights, or (2) that the content is obscene, child pornography, or depicts the exploitation of children, we may, in our discretion, remove the content.
- If the complaint makes some other claim, we may, in our discretion, take down the content while the complaint is evaluated. Our bias will be to not take down content while we evaluate the complaint.
If we do take down content, we’ll notify the user who posted it.
Where contacting us, you have the option to remain anonymous or use a pseudonym. However, this right will not apply if it is impracticable for us to communicate with you that way or where we are required or authorised by law to only deal with individuals who have identified themselves.
Questions, requests or complaints should be made in writing by email at firstname.lastname@example.org or to:
The Privacy Officer
ZAP Technology Pty Ltd.
854 Lorimer Street, Port Melbourne 3207 VIC. Australia
By your use of our website and our products or services, you consent to the collection, use, storage, disclosure and management of your personal information in accordance with the Policy and as otherwise permitted by the Regulations.
We may vary the terms of the Policy at any time. You should check the Policy regularly to ensure you are aware of any changes made to the Policies. Your continued use of our website and our products and services will be deemed consent to such changes.
If you have any questions, a complaint about how we have handled your personal information or would like further information about our privacy and information handling practices, please contact us at email@example.com.