Privacy Policy
Privacy Policy and Notice of Privacy Practices
KODE-1 Pty Ltd ACN 653 469 544 (“KODE-1,” “we”) and its affiliates are committed to protecting and preserving your privacy. This policy, together with our Terms of Use and Conditions, and any other underlying agreements or terms, sets out the basis on which any data we collect from you, or that you provide to us, will be processed by us. By using our website (“Site”), you are accepting the practices described in this Privacy Policy. This Privacy Policy also describes the manner in which we process, use and disclose information that you provide to us when you use our Site.
By using this Site, you consent to the use of the information that you provide to us in accordance with this Privacy Policy. We do update this Privacy Policy from time to time so please review this Privacy Policy regularly. If we materially alter our Privacy Policy, we will notify you of such changes by posting a notice on our Site. Your continued use of the Site will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the Site, and you should notify us that you do not want your information used in accordance with the changes.
Website Privacy Notice
In handling your personal information, we will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles (APPs) and all other relevant Australian privacy laws, as applicable.
Please read this Policy carefully to fully understand how we collect, share, and protect personal information about you. This Policy is incorporated into and is a part of the Terms of Use and Conditions for this Site.
By accessing and using the Site, you acknowledge and agree that you have read and understand this Privacy Policy and that you accept and consent to the privacy practices and uses and disclosures of your information as described herein.
In order to deliver personalised and relevant information to you through our Site, we collect certain information from users.
Information We Collect
Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of its products and/or services, Kode-1 may collect your personal information.
In operating our Site, we may collect and process the following data about you:
1. Details of your visits to our Site and the resources that you access, including, but not limited to, traffic data, location data, blogs and other communication data, including your IP address, the date and time you accessed or left the Site, and which pages you viewed. Some parts of our Site use cookies and other technologies to collect this information about your general internet usage. See section below "How We Use Cookies” to learn more.
2. Information that you provide directly to us by filling in manual or online forms, an interaction or exchange in person or by way of telephone, email, video conference, post or through the use of our Site.
3. We may collect personal information from you, such as your name, address and contact information, date of birth, birth place, gender, family composition, career history (e.g. CVs, recruitment details, education and training, language and other job-related skills, certifications such as Working With Children Check and National Police Check, as applicable), financial information and/or information regarding your use of our resources.
4. Where you are applying for a position with KODE-1 and it is relevant to KODE-1’s assessment of whether you are able to perform the inherent requirements of the particular role, we may collect sensitive information (including health information) from you.
5. We may also collect information from you if you visit our events and trade shows or conferences, such as UST Insight events, NRF, ASCM, HIMSS, etc.
6. We may also collect information from you if you sign up for our thought leadership and/or webinars, such as UST SmartOps Webinars, Quality Engineering webinars, etc.
7. If you request information about our products or services, we may collect First Name, Last Name, Email Address, City, Country, State/Province/Region, Address, Postal Code, Company/Organization, Phone Number.
8. Information provided to us when you communicate with us for any reason.
By submitting a telephone number to KODE-1 you agree that a representative of KODE-1 can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our products and/or services.
Generally, KODE-1 collects your personal information directly from you, through the completion of a manual or online form, an interaction or exchange in person or by way of telephone, email, video conference, post or through the use of KODE-1’s website.
There may be occasions when KODE-1 collects your personal information from other sources such as from:
1. an entity you represent, where necessary for KODE-1 to provide its products or services to that entity through you or where necessary for that entity to supply products or services to KODE-1;
2. an information services provider; or
3. a publicly maintained record or other publicly available sources of information including social media and similar websites.
Generally, KODE-1 will only collect your personal information from sources (including third parties) other than you if it is unreasonable or impracticable to collect personal information directly from you.
How We Use Cookies
A “cookie” is a piece of text which asks permission to be placed on your computer’s hard drive. Once you agree, this cookie file is stored on the hard drive of your computer. They help us and our affiliates to improve our Site. They present the content from our Site in the most effective manner for you and your computer by personalising and improving your experience, improving the functionality and user-friendliness of our Site and monitoring how our Site is used.
All computers can decline cookies. This can be done by activating the setting on your browser which enables you to decline the cookies. Please note that should you choose to decline cookies; you may be unable to access particular parts of our Site.
We track our users across time or across websites.
However, our web site does respond to web browser “do not track” signals and other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites.
We use flash cookies on our Site. Flash cookies are small pieces of information stored and accessed by Adobe Flash. If you want to disable these flash cookies, you’ll need to open up the Adobe Settings Manager, accessible either by right-clicking flash content and clicking “Global Settings,” or by navigating directly to your storage settings through the Flash Website. There you can clear some or all of your flash cookies manually through the Website Storage panel, or even turn off Flash Storage completely. However, please remember this could prevent some parts of our Site from working properly.
Use of Your Information
The information that we collect and store relating to you is primarily used to enable us to provide our products and/or services to you in the best possible manner.
In addition, we may use the information for the following purposes:
1. To provide you with information relating to our services and/or products.
2. To fulfil or meet the reason you provided the information.
3. To provide third parties with statistical information about the users of our Site.
4. To monitor and conduct an analysis of our Site traffic and usage patterns.
5. To respond to law enforcement requests and as required by applicable law, court order or governmental regulations, including, but not limited to, requests from public authorities, valid legal processes and/or discovery obligations.
6. To establish and maintain contact with you.
7. To respond to a security incident.
8. For financial management, accounting, billing and other internal administrative purposes.
9. To maintain our ethics hotline (report may be submitted anonymously), monitoring and auditing company functions, annual employee certification, office automation and collaboration and/or our internal Help Desk.
10. To send you updates, promote our products and services, and/or other informational mailings.
11. To improve our products and services.
12. To identify and inform you of other products and services that may be of interest to you from KODE-1 or selected third parties.
13. To comply with contractual obligations.
14. For recruiting, processing and assessing employment applications for current and future positions.
15. For your employment with KODE-1, as applicable.
16. For background verification checks.
17. To collect feedbacks and surveys.
18. Otherwise managing KODE-1 internal business operations and processes.
19. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Site users is among the assets transferred.
20. Fraud Prevention.
We will not use personal information we collected for materially different, unrelated, or incompatible purposes without providing you with notice and/or updating this Privacy Policy.
KODE-1 may also use your personal information for purposes related to the above purposes and for which you would reasonably expect KODE-1 to do so in the circumstances, or where you have consented, or the use is otherwise in accordance with law.
Where personal information is used or disclosed, KODE-1 takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to KODE-1. However, without certain information from you, KODE-1 may not be able to provide its products and/or services to you.
Direct Marketing
KODE-1 may collect, hold, use and disclose personal information in order to inform interested persons or entities of products and services offered by KODE-1 or to facilitate business relationships.
Individuals can opt out of receiving such communications by contacting KODE-1’s Data Protection Officer on the details set out below.
Security
To secure your information, we have put in place steps reasonable in the circumstances to protect the personal information we collect on our Site from misuse, interference and loss and from unauthorised access, modification or disclosure.
KODE-1 holds personal information in electronic form in secure databases, accessible only by authorised users. We have made a substantial investment in our server, database, backup and firewall technologies to protect the information assets, including the confidentiality of personal information collected through the Site. These technologies are deployed as part of a sophisticated security architecture and protocol.
KODE-1 may store your personal information with a third party storage provider. We may also store personal information in the ‘cloud’, meaning it resides on encrypted servers outside Australia.
Nonetheless, the transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically on our Site, and transmission of such data is therefore entirely at your own risk.
Disclosing Your Information
Where applicable, we may disclose your personal information to any affiliated business entities or third parties necessary to provide products and/or services to you. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any), as well as third parties involved in the administration and operation of our products and/or services, and other legitimate business purposes. We may also disclose your personal information to other third parties, such as:
1. Where we sell any or all of our business and/or our assets to a third party, whether through bankruptcy proceedings or other sale or merger.
2. Where we are legally required to disclose your information, including, but not limited to, pursuant to a valid subpoena, order, search warrant or other law enforcement request.
3. To third parties, including customers, external auditors, accountants, attorneys, and other professional advisers and third-party companies to allow KODE-1 to comply with contractual, statutory and other obligations, and for the proper management of its business.
4. If disciplinary proceedings result in dismissal due to fraud, unlawful or dishonest conduct, malpractice and other seriously improper conduct which is either not appealed or upheld upon appeal, your personal data will be shared with external third party fraud prevention service.
Where we disclose personal information for a purpose set forth herein, or for purposes related to the above purposes and for which you would reasonably expect KODE-1 to do so in the circumstances, or where you have consented to disclosure, we enter a contract with the third party that describes the purpose and requires the third-party recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Overseas Disclosure
We may disclose your personal information to overseas recipients in order to provide our products and services and for administrative and other business management purposes. It is impracticable to list all countries in which recipients may be located. However we are likely to disclose personal information to our parent company in the United States of America and to other bodies corporate that are related to us in whatever country we maintain facilities, including but not limited to Canada, China, Colombia, France, Germany, India, Israel, Malaysia, the Netherlands, the Philippines, the United Kingdom and the United States of America.
Overseas recipients may have different privacy and data protection standards. However before disclosing any personal information to an overseas recipient, we take steps reasonable in the circumstances to ensure the overseas recipient complies with the APPs or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law. If you have any queries or objections to such disclosures, please contact our Data Protection Officer on the details below.
We do not sell your personal information to third parties.
Retention of Your Data
KODE-1 will store and maintain your information for as long as necessary:
· To fulfil the purpose(s) for which it was collected.
· To meet its current and future legal obligations, including in compliance with KODE-1’s record retention policy; and/or,
· As permitted to meet its legitimate business interests.
KODE-1 will take reasonable steps to destroy or de-identify personal information in circumstances where it is no longer required, unless KODE-1 is otherwise required or authorised by law to retain the information.
Third Party Websites
By accessing third party websites through our Site, you are consenting to the terms and privacy policies of those websites. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
Users Only of Legal Age of Majority
Our Site is designed and intended for those who have reached the age of majority (18 years of age). By using our Site, you affirm that you are at least 18 years of age or older. We are not liable for any damages that may result from a user’s misrepresentation of age.
No one under age 13 is authorized to submit or post any information, including personally identifying information, on our Site. Under no circumstances may anyone under age 13 use our Site. Parents or legal guardians of children under 13 cannot agree to these Terms on their behalf.
Residents of Australia
Accessing and Correcting Information:
You have a right to access and seek correction of your personal information that is collected and held by KODE-1. If at any time you would like to access or correct the personal information that KODE-1 holds about you, or you would like more information on KODE-1’s approach to privacy, please contact KODE-1’s Data Protection Officer.
KODE-1 will grant access to the extent required or authorised by the Privacy Act and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.
To obtain access to your personal information:
· you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
· KODE-1 requests that you be reasonably specific about the information you require; and
· KODE-1 may charge you a reasonable administration fee, which reflects the cost to KODE-1 for providing access in accordance with your request.
KODE-1 will endeavour to respond to your request to access or correct your personal information within 30 days from your request.
Complaints:
Please direct all complaints to KODE-1’s Data Protection Officer on the details set out below. At all times, privacy complaints will be treated seriously, will be dealt with promptly and in a confidential manner, and will not affect any existing obligations or affect any commercial arrangements between you and KODE-1. KODE-1’s Data Protection Officer will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation. If you are dissatisfied with the outcome, you may refer the complaint to the Office of the Australian Information Commissioner.
CONTACT US
We welcome any queries, comments, complaints or requests you may have regarding this Privacy Policy. Please do not hesitate to contact us for further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional or marketing communications, at:
Data Protection Officer
Suite 9, 214 Bay St
Brighton VIC 3186
Australia
admin@kode-1.com
Effective Date: 1st Jan 2021