Privacy Policy

Forticode IP Pty Ltd (ACN 119 044 263) (“we”, “ our” and “us”) is committed to responsible privacy practices and to complying with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (“ Privacy Act”) to the extent they apply to us.

This Privacy Policy sets out our policies on the management of personal information including how we collect personal information, the purposes for which we use this information, and to whom this information is disclosed.

In this Privacy Policy, “personal information” has the meaning set out in the Privacy Act. Essentially, personal information is information or an opinion about an individual who is identifiable or reasonably identifiable.{‘ ‘}

The types of personal information we collect from you depends on the circumstances in which the information is collected.

We may collect contact details including your name, address, email address and phone numbers. We may also collect information about the company you work for (including the company’s name and your role in the company).

We may also collect answers you provide to questions we ask, any information posted on our online discussion forums or websites and other information provided in relation to your dealings with us.

If you apply for a role working with us, we may collect your personal information (via the online recruitment portal or otherwise) for the purpose of:

• considering your application (in which case we may collect your qualifications, resume and reference information from your nominated referees);
• providing you with information about working with us; or
• contacting you about opportunities in the future.

Except as described in this section, we do not generally require you to disclose any sensitive information (e.g. details of race, religious belief, sexual orientation or membership of a trade union) to us. If you do provide us with sensitive information for any reason, you consent to us collecting that information and using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.

In addition to the types of personal information identified above, we may collect personal information as otherwise permitted or required by law.

We collect personal information in a number of ways. The most common ways we collect your personal information are:

• directly from you when you provide it to us or our agents or contractors;
• via our website or when you deal with us online (including through our social media pages, recruitment portal and discussion forums);
• from publicly available sources;
• from our related companies; and
• from third parties (for example, from referees if you apply for a position working with us).{‘ ‘}

We may also collect your personal information in limited circumstances from our clients (such as your employer or service provider) who use our technology services, such as Cipherise.

The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it. Whenever practical we endeavour to inform you at the time we collect your personal information why we are collecting your personal information, how we intend to use that information and to whom we intend to disclose it. We may use or disclose your personal information:

• • for the purposes for which we collected it (and related purposes which would be reasonably expected by you);
  • for other purposes to which you have consented; and
  • as otherwise permitted or required by law.

In general, we collect, use and disclose your personal information for purposes connected with our business operations.

Some of the specific purposes for which we collect, use and disclose personal information are:

• to respond to you if you have requested information (including via our websites or via an email or other correspondence you send to us);
• to provide goods or services to you or to receive goods or services from you;{‘ ‘}
• to administer surveys, competitions or other promotional activities or events conducted, sponsored or managed by us or our business partners;
• to improve our services;
• to verify your identity, address and age or eligibility to participate in a marketing activity;
• to consider you for a job with us (whether as an employee or contractor) or in the context of other relationships with us;
• to address any issues or complaints that we or you have regarding our relationship; and
• to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.

Direct marketing involves communicating directly with you for the purpose of promoting our goods or services or the goods or services of third party organisations. We may also communicate with you for the purpose of providing you with special offers. Direct marketing can be delivered by a range of methods including mail, telephone, email or SMS.We may use and disclose your personal information for the purpose of direct marketing to you where :

• you have consented to us doing so; or
• it is otherwise permitted by law.

You can unsubscribe from our direct marketing, or change your contact preferences, by contacting us (see section 14 of this Privacy Policy).

Generally, you have no obligation to provide to us with any of your personal information requested by us. However, if you choose to withhold requested personal information, we may not be able to provide you with the services requested or allow you to participate in the marketing activities that depend on the collection of that information.

You can unsubscribe from our direct marketing, or change your contact preferences, by contacting us (see section 14 of this Privacy Policy).

We may disclose your personal information to third parties in connection with the purposes described in section 5 of this Privacy Policy.

This may include disclosing your personal information to the following types of third parties:

You can unsubscribe from our direct marketing, or change your contact preferences, by contacting us (see section 14 of this Privacy Policy).

• our business partners and related bodies corporate;
• our contractors and other third parties that provide goods and services to us (including website, cloud and data hosting providers and other suppliers);
• our accountants, insurers, lawyers, auditors and other professional advisers and agents;
• payment system operators;
• if you are an individual contractor to us or a prospective employee, to our related companies and HR related service providers (e.g. for outsourced payroll processing);
• any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
• in the event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors; and
• otherwise as permitted or required by law.

If we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose we disclosed it to them and in a manner consistent with the Australian Privacy Principles under the Privacy Act.

Where we have notified you that we use a third party hosting service, such as Amazon Web Services, the hosting of that data will be subject to that third party’s privacy policy.

If you post information to our social media pages, you acknowledge that such information (including your personal information) may be available to be viewed by the public. You should use discretion in deciding what information you upload to such sites.

We do not disclose personal information to third parties located outside the county in which the information was collected.

However, there may be cases where our business customers who use our technology platforms, such as Cipherise, may request that their data (which may include your personal information) be stored in a data centre located outside the country in which that business is located. You should review your service providers’ privacy policies to ascertain if any such disclosures may be made.

We take reasonable physical and electronic security measures to protect any records that we hold which contain your personal information. We destroy personal information in a secure manner when we no longer need it.

However, except to the extent liability cannot be excluded by law, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information. Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth). Please notify us immediately if you become aware of any breach of security.

You can unsubscribe from our direct marketing, or change your contact preferences, by contacting us (see section 14 of this Privacy Policy).

We try to maintain your personal information as accurately as reasonably possible. We rely on the accuracy of personal information as provided to us both directly (from you) and indirectly. We encourage you to contact us if the personal information we hold about you is incorrect or to notify us of a change in your personal information. Our contact details are set out in section 14 of this Privacy Policy.

You can unsubscribe from our direct marketing, or change your contact preferences, by contacting us (see  section 14 of this Privacy Policy).

Our website may contain links to other sites. This Privacy Policy applies to our website and not any linked sites which are not operated or controlled by us. We encourage you to read the privacy policies of each website that collects your personal information.

We may use “cookies” and similar technology on our websites and in other technology applications. The use of such technologies helps to monitor the effectiveness of advertising and how visitors use our websites/applications. We may use such technologies to generate statistics, measure your activity, improve the usefulness of our websites/applications and to enhance the user experience.

If you prefer not to receive cookies you can adjust your Internet browser to refuse cookies or to warn you when cookies are being used. However, our websites may not function properly or optimally if cookies have been turned off.

You can unsubscribe from our direct marketing, or change your contact preferences, by contacting us (see section 14 of this Privacy Policy).

You may seek access to personal information which we hold about you by contacting us as described in section 14 of this Privacy Policy. We will provide access to that information in accordance with the Privacy Act, subject to certain exemptions which may apply. We may require that the person requesting access provide suitable identification and, where permitted by law, we may charge an administration fee for granting access to your personal information. If you become aware that any personal information we hold about you is incorrect or if you wish to update your information, please contact us (see  section 14 of this Privacy Policy).

You can unsubscribe from our direct marketing, or change your contact preferences, by contacting us (see section 14 of this Privacy Policy).

If you have any questions, comments or complaints about our collection, use or disclosure of personal information, or if you believe that we have not complied with this Privacy Policy or the Privacy Act, please contact us (see  section 14 of this Privacy Policy).

When contacting us please provide as much detail as possible in relation to your question, comment or complaint.

We will take any privacy complaint seriously and any complaint will be assessed with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

If you are not satisfied with the outcome of our assessment of your complaint, you may wish to contact the Office of the Australian Information Commissioner.

You can unsubscribe from our direct marketing, or change your contact preferences, by contacting us (see section 14 of this Privacy Policy).