AC Privacy Policy (Policy)

1 General

1.1 In this Policy:

1. Claim means any claim in law or equity, or under statute, for a remedy of any nature whatsoever, whether contingent, prospective, actual or otherwise and including any and all claims, actions, sums of money, arbitrations, suits, counterclaims, demands, causes of action, debts due, verdicts, judgments, Losses, account reckonings, proceedings and charges;
2. Law means any law or legal requirement, including at common law, in equity, under any statute, regulation or by-law and any decision, directive, guidance, order, decree, guideline or requirements of any authority;
3. Loss means any damage, loss, expense and cost whatsoever including any cost or expense regarding any Claim and any legal costs and expenses of any nature;
4. Platforms means AC’s proprietary platforms known as Matae, Matae Change Management Platform and Matae Change Leader, or any other platform developed from time to time by or on behalf of, and owned by, AC, together with all adaptations, modifications, amendments, extensions, revisions, updates, upgrades and other changes to those Platforms, and Platform means any one of them;
5. Services means any services, content or other assistance whatsoever provided under any Platform, Website and any other services, content or other assistance of any nature provided by AC;
6. User, you or your means any person who accesses and uses the Services; and
7. Websites means https://adgsolutions.com.au/ or any other website owned or operated by AC, and Website means any one of them.

1.2 This Policy has been prepared in accordance with:

1. applicable Australian privacy and data protection laws, including the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles contained therein; and
2. the General Data Protection Regulation (EU) 2016/679 (GDPR), as applicable.

1.3 This Policy applies to AC’s collection and disclosure of your Personal Information (as defined in clause 2.2) when you use any Services or otherwise interact with AC or any of the Websites or Platforms.

1.4 This Policy is intended to describe what information AC collects and/or processes; how AC uses it; and under what circumstances, if any, AC discloses any Personal Information. Please read this Policy before using any Services or before submitting any Personal Information to AC. By using any Services, interacting with AC or submitting any Personal Information to AC, you are accepting the practices described in this Policy.

1.5 AC may in its absolute discretion elect to amend or replace this Policy by uploading a revised version of the Policy on the Websites from time to time. A copy of the most up to date version of this Policy will be made available to view at www.matae.io. Any changes made to this Policy will apply immediately from the date AC uploads the revised Policy to www.matae.io. In addition, AC may, but is not obliged to, notify you by email of any updates to this Policy. AC strongly encourages you to refer to this Policy on an ongoing basis to understand your rights under the Policy. Unless otherwise stated, the most current Policy will apply to all information AC has about you. If you do not agree with the practices outlined in this Policy, you must immediately stop accessing the Services, Websites and Platforms, or from interacting with AC.

2 Types of Information Collected

2.1 When you use any Services or interact with AC, AC may collect your Personal Information, Sensitive Information and Statistical Information – all of which are defined in clauses 2.2, 2.3 and 2.4 below, respectively.

2.2 Personal Information includes information which identifies a natural person, or by which the person’s identity may be reasonably determined. It may include a person’s full name, mailing or residential address, date of birth, bank account details, signature, credit card details, phone number and email address, as well as well as “personal data” (for the purposes of the GDPR) or Sensitive Information. For the purpose of this Policy, the term Personal Information also includes:

1. information we collect through your interactions with AC or other interactions with content provided through the Services or on any Website or Platform; and
2. personal information obtained from a third party which, under and in accordance with the Privacy Act, may lawfully be exchanged.

2.3 Sensitive Information includes information (or an opinion) about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices or criminal record, as well as information about an individual’s health, genetic information or biometric information.

2.4 Statistical Information includes the internet protocol (IP) address of your device used to connect to the Services created by AC, time zone setting, language preferences, location data, information about your browser, phone, hardware and software (including your hardware model, operating system version, device memory, advertising or unique application or device identifiers and (potentially) information about your applications installed, battery level, as well as other information which does not identify you personally, but which tracks your usage of the Services or interaction with AC.

2.5 AC also collects information automatically (through the use of cookies) when you use certain Services, as discussed in this Policy further below.

3 Personal Information about third parties

3.1 If at any time you supply AC with Personal Information or Sensitive Information about another person, you must ensure that you have written consent from that person to do so, and you must agree to inform that person about AC, this Policy and the fact that AC may use and disclose their Personal Information in accordance with and for the purposes outlined in this Policy.

4 How AC Collects Personal Information

4.1 AC will not ordinarily collect any Personal Information about you except where you provide it to AC (either directly, or through interacting with any Services), or where it is provided to AC with your authority.

4.2 AC collects Personal Information when you:

1. interact with any Services;
2. provide AC with feedback, make an enquiry or request of AC or make a complaint; and/or
3. do business with AC.

4.3 In the event AC receives unsolicited Personal Information about you (ie. where AC has taken no active steps to collect the Personal Information), it will only be collected where:

1. such collection is reasonably necessary for, or directly related to, one or more of AC’s functions or activities; and
2. AC either:

• ~obtains your consent; or
• ~is authorised or required to do so by Law.

4.4 Where clause 4.3 does not apply, AC will (as soon as practicable) destroy or de-identify any unsolicited Personal Information that AC receives.

4.5 Where clause 4.3 applies, AC will treat the Personal Information in accordance with the Privacy Act and this Policy.

5 How AC uses Personal Information

5.1 AC will collect Personal Information for the purposes set out in clauses 5.2 to 5.4 inclusive. AC will make every reasonable effort to advise you of the specific purposes for which AC is required to collect your Personal Information before that Personal Information is to be collected.

5.2 To provide, develop and improve the Services

‍You authorise AC to use your Personal Information to:

1. contact you in relation to your use of any Services or your interaction with AC, including (without limitation) to notify you of any modifications to this Policy or any other terms of service;
2. notify you about promotions or other communications;
3. make improvements to any Services. For example, AC may track any troubleshooting issues and compatibility issues with various operating platforms and devices to ensure you have proper and stable access to the Services, and to implement updates where necessary; and
4. measure the performance of the Services and to understand how the Services are used. For example, AC may analyse users’ interactions with any Services so AC can optimise the experience of its users.

5.3 To ensure compliance

Additionally, the purposes for which AC will generally collect and use your Personal Information
(for which you authorise AC to do so) will include:

1. to comply with all Laws (including but not limited to, where considered necessary by AC, verifying your identity to prevent fraud or other unauthorised or illegal activity);
2. to perform AC’s administrative operations, including accounting, risk management, payment processing, record keeping, archiving, and development and testing; and
3. to manage AC’s rights and obligations under this Policy or any of its terms of service;

5.4 Marketing and other Communications

AC may send you email marketing communications to:

1. provide you with information about any Services or AC’s other products;
2. invite you to participate in promotions or ask you for feedback; and/or
3. communicate with you for other marketing purposes.

In doing so, AC will always provide you with the option to unsubscribe from AC’s marketing communications. If you do not want to receive marketing communications from AC, please contact AC through the Websites or by email.

6 Disclosure of Personal Information

6.1 By accessing any Services or interacting with AC, you consent to the disclosure of your Personal Information in accordance with this Policy.

6.2 AC takes the protection of your Personal Information very seriously. AC will only disclose your Personal Information to its employees, officers, insurers, professional advisers, agents or contractors (including potentially where these parties are based overseas) and insofar as such disclosure is necessary to enable AC to perform its obligations and to act in accordance with this Policy. Such Personal Information will not be disclosed or used other than as specified in this Policy without your express consent, which will be stored in AC’s records.

6.3 AC will not use or disclose your Personal Information for any purpose other than as disclosed in this Policy unless:

1. AC has obtained your consent to its use or disclosure; or
2. the purpose is related to the purposes disclosed in this Policy and an individual would reasonably expect AC to use or disclose that Personal Information in that manner.

6.4 AC may also disclose your Personal Information to other third parties from time to time. Subject to what is permitted by Law, the types of third parties to whom AC may disclose your Personal Information may include:

1. AC’s agents, contractors and external advisors (such as legal and financial advisors) whom AC engages from time to time to carry out, or advise on, AC’s functions and activities;
2. business partners; and/or
3. regulatory bodies, government agencies, law enforcement agencies and courts.

6.5 Unless otherwise specified in this Policy or as required by Law, you authorise AC to disclose your Personal Information and Statistical Information to third parties:

1. where AC assigns, transfers, sells or otherwise licenses its rights under this Policy to a third party. Where this occurs, AC will (if possible) notify you using the Personal Information provided;
2. where AC reasonably believes (acting in good faith) that such disclosure is necessary in order to investigate, prevent or take action regarding illegal activities (including without limitation suspected fraud), situations involving potential threats to the physical safety of any person, violations of this Policy or any of AC’s other terms of service, or as otherwise required by Law;
3. in a business transaction including (but not limited to) a merger with or acquisition by another company, or the sale of all or a substantial portion of AC’s assets, of which your Personal Information and Statistical Information may be among the assets transferred. Where this occurs, AC will (if possible) notify you using the Personal Information provided; and
4. where such disclosure is required by Law, or where AC reasonably believes in good faith that such disclosure is necessary to protect AC’s rights.

6.6 you consent to AC disclosing Statistical Information to third parties including, without limitation, to analytics companies and AC’s business partners, to help AC understand usage patterns, to assist in providing any Services and product development and for advertising purposes (subject to what is permitted by Law).

6.7 AC may from time to time disclose your Personal Information to overseas entities who may not be bound by Australian Law. Where AC discloses your Personal Information to overseas recipients, AC will make every reasonable effort in the circumstances to ensure that the overseas recipients comply with this Policy and any applicable Australian Law concerning the protection of Personal Information, unless:

1. AC reasonably believes that the overseas recipient is bound by Laws that are substantially similar to the Privacy Act which can be enforced against the overseas recipient; or
2. you give AC an informed consent to the disclosure of your Personal Information to an overseas recipient who may not be bound by Australian Law; or
3. the disclosure to an overseas recipient is authorised or required by Australian Law (including the Privacy Act).

7 How AC Uses Cookies

7.1 If you continue to access or use any Services, you agree to AC’s use of tracking technologies, referred to as cookies, to track and record your usage. Cookies are text files placed on your computer or compatible device to collect standard internet log information and visitor behaviour information.

7.2 When you access or use any Services, AC will automatically use cookies to collect technical information including:

1. Statistical Information; and
2. information about your interaction with any Services, activity on third party websites which are linked to any Services, and views and interactions with content on any Services.

7.3 You may control the technical information AC collects, including through your browser or device settings. In doing so, you:

1. acknowledge some of AC’s services may not function properly if you choose to disable cookies; and
2. release AC and any of its related bodies corporate from any and all Claims, liability and Losses which may arise out of, result from, or relate in any way to your decision to disable cookies (including any limitation on your ability to use any Services provided by AC).

8 GDPR

8.1 AC will comply with the principles of data protection (including as set out in the GDPR) for the purpose of fairness, transparency and lawful data collection and use.

8.2 AC will process Personal Information as a processor and/or, to the extent relevant, as a controller (as those terms are defined in the GDPR).

8.3 AC must have a legal basis to process Personal Information which it collects. AC relies on several legal bases to process Personal Information in accordance with this Policy, including:

1. where the person has consented to the processing of Personal Information by AC (which consent may be withdrawn at any time);
2. for AC’s legitimate interests to operate, provide or improve any Services or AC’s other products;
3. where necessary to provide access to, and use of, any Services; and/or
4. where AC is authorised or required by Law to do so.

8.4 AC will only process any Personal Information that is considered Sensitive Information if the person expressly consents to it being provided to it being provided to AC.

8.5 Where a person has (directly or indirectly) provided consent to AC processing their Personal Information, the consent may be withdrawn at any time with future effect – i.e. the withdrawal of consent does not affect the lawfulness of processing based on the consent before its withdrawal. If consent is withdrawn, AC will only continue processing the person’s Personal Information where AC is permitted or obliged to do so by Law (including under the GDPR).

9 Your Rights Under this Policy

9.1 This clause 8 sets out the rights you have in relation to how your Personal Information is obtained and used.

9.2 Except as otherwise provided by Law, you have the following rights in connection with your Personal Information we have collected:

1. the right to be informed how your Personal Information is being used;
2. the right to access your Personal Information (and AC will provide you with a free copy of it);
3. the right to correct your Personal Information if it is inaccurate or incomplete;
4. the right to delete your Personal Information (which is also known as “the right to be forgotten”);
5. the right to restrict processing of your Personal Information;
6. the right to retain and reuse your Personal Information for your own purposes;
7. the right to object to your Personal Information being used; and
8. the right to object against automated decision making and profiling.

9.3 You are encouraged to contact AC at any time if you wish to exercise your rights in relation to this Policy. AC reserves the right to request you verify your identity before AC acts on any request made by you.

10 Storage of Personal Information

10.1 AC implements a variety of security measures to maintain the safety of your Personal Information. Your Personal Information is held on our company servers located in Australia (as determined by AC from time to time) in a controlled, secure environment where it is protected from unauthorised access, use or disclosure.

10.2 AC's servers may at times be located overseas in countries which are not bound by the Privacy Act, and you hereby expressly consent to the disclosure of your Personal Information to overseas recipients. In doing so, you agree that AC is not obliged to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to that information.

11 Security of Personal Information

11.1 AC will use all reasonable efforts to keep secure your Personal Information, Statistical Information and all other information that you transmit to AC through your use of any Services, your interaction with AC or otherwise. AC will take all reasonable care to protect and prevent unauthorised access to, or modification and disclosure of, your Personal Information.

11.2 Notwithstanding clause 11.1 above, you acknowledge the internet is inherently insecure and no data transmission online can be guaranteed as fully secure. Accordingly, AC cannot guarantee or warrant the security of any information (including Personal Information) you provide through your use of any Services. You understand that any Personal Information you provide to us is done so at your own risk.

11.3 If AC becomes aware of a breach of security in relation to your Personal Information, AC will immediately use all reasonable endeavours to take action to remedy the security breach, in order to limit the risk caused by unauthorised access to, or unauthorised disclosure of, your Personal Information before any serious harm is suffered as a result of the breach.

11.4 If AC becomes aware of a breach of security, and a third party has, without authorisation:

1. accessed your Personal Information; or
2. disclosed your Personal Information to another third party, (Data Breach) and a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to you, then AC will (as required by Law) notify you and the Office of the Australian Information Commissioner (OAIC) with details of the Data Breach, including details of how AC believes the Data Breach has occurred and to what Personal Information such Data Breach relates, and the steps that you can take in response to the Data Breach.

11.5 If AC becomes aware of a Data Breach in which your Personal Information is lost, and AC has reasonable grounds to believe that:

1. unauthorised access to, or unauthorised disclosure of, your Personal Information is likely to occur; and
2. if unauthorised access to, or unauthorised disclosure of, your Personal Information occurs, a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to you,

Then AC will notify you and the OAIC with the details of the Data Breach, including details of how AC believes the Data Breach has occurred and to what Personal Information such Data Breach relates, and the steps that you can take in response to the Data Breach.

11.6 You acknowledge and understand that if you access any Services from outside Australia, other entities including, potentially, foreign governments, may collect, use and disclose your Personal Information in ways which differ from this Policy and the Laws of Australia, and that AC will in such circumstances have no control over such collection of your Personal Information (and are not liable in relation to such collection).

12 How long your Personal Information is stored

12.1 You consent to AC retaining your Personal Information for as long as necessary to fulfil the purposes for which AC has collected it, including in order to satisfy any Law.

12.2 To determine the appropriate retention period for Personal Information, AC will consider the amount, nature and sensitivity of the Personal Information collected from you, the potential risk of unauthorised use or disclosure of your Personal Information, the purposes for which AC processes the Personal Information and whether AC can achieve those purposes through other means. AC will also at all times have regard to the applicable legal requirements under the Privacy Act (as applicable).

13 Third parties

13.1 Where AC provides your Personal Information to third parties in accordance with this Policy, you acknowledge and agree that:

1. the use of your Personal Information by third parties is not in AC’s reasonable control;
2. third party websites may place their own cookies or other files on your computer or compatible device, solicit Personal Information from you and may or may not use your Personal Information in accordance with their own privacy policies which may differ from this Policy; and
3. it is your responsibility to familiarise yourself with the privacy policy of any third party website you visit which collects Personal Information about you and to use your discretion when providing such Personal Information.

13.2 If AC discloses Personal Information to a third party, AC will always act to protect it in accordance with this Policy. However, you agree that AC will not be liable for any Loss or liability which may be incurred as a result of, or in connection with, or in relation to any use of your Personal Information by a third party to whom AC validly disclosed the Personal Information (and you agree to make no claim against AC in that regard).

14 How to Contact AC

14.1 If you believe that the privacy of your Personal Information has been compromised or that your Personal Information has not been used in accordance with this Policy, you should contact AC as soon as possible using the means on the Websites or Platforms (as applicable) or at:

Email: support@matae.io

15 How to Contact the Office of the Australian Information Commissioner

If you do not receive a satisfactory response from AC, or you believe that AC has not handled your complaint satisfactorily, you may wish to refer your complaint to the Office of the Australian Information Commissioner at:

Address: GPO Box 5218, Sydney NSW 2001
Email: enquiries@oaic.gov.au
Phone: 1300 363 992