In this Privacy Policy (Policy):

a reference to us, our or we are (HSEQ Manager – the product name) is to Xcetra Pty Ltd (ACN 141 199 920);

Personal Information means information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion whether or not the information or opinion is true or not and whether the information or opinion is recorded in a material form or not;

Services means the Website and the Software; and

Software means all software, portals and any mobile application we make available to you including but not limited to the software application generally known as ‘WorkSafe Guardian’ and the related Client Management Portal;

Website means all of the pages located on our website located via www.hseqmanager.com or any other website operated by us unless stated otherwise on that website.

We are subject to and seek to comply with all applicable law including the Australian Privacy Principles contained in the Privacy Act 1988 and any other laws that apply in the jurisdiction in which collect your Personal Information and adopt a general approach to protect your privacy and information for any other country that you may have subscribed from.

We have created this Policy to demonstrate our firm commitment to your privacy.

This Policy sets out how we collect, use and disclose information (including Personal Information) that we obtain from you through our Services and/or from your employer which require you to use our Software.

Information you give us. We collect information about you and your company as you register for an account with us, create or modify your profile, use, access, or interact with our services or our websites (including but not limited to when you upload, download, collaborate on or share content, including photos and videos).

Information we get from your use of our services. We will only collect Personal Information about you from you (including via online enquiry forms you submit, any emails you send to us or any connected applications or information on your mobile device for which you have given us permission to access) and/or from your employer which require you to use our Software.

For example, we collect Information about you such as:

• Device information – We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your account.
• Log information – When you use our services or view content provided by us, we may automatically collect and store certain information in server logs. This may include:
  • details of how you used our service, such as your search queries;
  • telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls;
  • Internet Protocol address;
  • device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL; and
  • cookies that may uniquely identify your browser or your account.

• Location information – When you use a location-enabled SafetyCulture service, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers.
• Unique application numbers – Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.
• Local storage – We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
• Cookies and anonymous identifiers – We use various technologies to collect and store information when you visit our services, and this may include sending one or more cookies or anonymous identifiers to your device.

Your administrator may require you to enter your occupation, contact details, telephone numbers, and gender for their information as to use the HSEQ management system in a proper manner to conduct their business.

We collect Personal Information as well as non-personally identifiable information that you voluntarily provide including by giving our Software special permission to access information on your mobile device necessary for the Software to operate. You may not be able to use our Software unless you grant us certain permission to access information on your mobile device such as data storage and location data.

Through technology we may automatically record details including your internet address, domain name and the date and time of your visit to our Website (including the web pages viewed), your browser and operating system. Our Software may also automatically record certain information such as the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, information about the way you use the Software and your location.

We may also collect information through cookies being pieces of data stored on your computer or mobile device that record your usage of our Services. You can disable cookies on your device by changing the security and privacy settings on your device or in your browser (as applicable). However, if you disable such settings, you may not be able to use the full functionality of our Services.

If you linked to our Website from another website then that information will also be recorded.

Where you provide us with Personal Information of third parties, you warrant to us that the relevant individuals have consented to you disclosing their Personal Information to us.

Generally, we use information (other than Personal Information) collected when you use our Services to assist us in providing our Services, deciding how to improve our Services (including its utility, content and accessibility) and to monitor the users and usage of our Services. We may use information as to how you and others found our Website and/or the Software in deciding how to promote our Website and/or the Software, products and services (including online advertising).

We will only use and disclose your Information for the primary purposes for which the Personal Information was collected, for example:

• to provide information to you;
• to respond to your queries and contact you;
• if you are using our Software, (i) so that you can use such Software; (ii) to respond to alerts being triggered from use of the Software; and (iii) to share your location and other Personal Information with emergency service providers, your nominated contacts and other relevant third parties when an alert has been triggered from your usage of the Software; and
• if you are applying for employment with us (if applicable), we will use your Personal Information to assess your application and we may also use this to contact you.

A secondary purpose when:

• you would reasonably expect us to use or disclose the Personal Information for the secondary purpose; and
• the secondary purpose is related to the primary purpose of collection; or
• you have consented to the use or disclosure of the Personal Information for the secondary purpose.

We may disclose your Personal Information to (i) our related companies, corporate, contractors, agents and service providers but only to provide goods and services to you and/or for the purposes of storage of your Personal Information; and (ii) emergency service providers and your nominated contacts when an alert has been triggered from your usage of the Software.

We may disclose your Personal Information to our professional advisers but only so they can advise us in respect of the same.

If you do not provide some or all of the Personal Information requested, we may not be able to provide you with goods and/or services.

We are unlikely to disclose your Personal Information overseas but it is possible that some of the information we collect may be disclosed to our related bodies corporate, contractors, agents and service providers which may be located outside of Australia. We take such steps as are necessary in the circumstances to ensure that any overseas third-party service providers we engage do not breach the Australia Privacy Principles and any other applicable laws.

You consent to your information being disclosed to an overseas destination for this purpose.

We may store your Personal Information in hard copy or electronic format, in storage facilities that we own and operate ourselves, or that are owned and operated by our service providers.

We take reasonable measures to ensure that any Personal Information we hold or disclose about you is complete and correct. We also take reasonable measures to protect your Personal Information from misuse, interference, loss, and unauthorised access, modification and disclosure.

We will destroy or delete any of your Personal Information which we no longer need to retain. If you email us any information (including Personal Information), it is sent at your own risk as it may not necessarily be secure against interception.

If you register your details for the Services, we will automatically add your Personal Information to our mailing list. You can unsubscribe from receiving communications from the mailing list at any time by choosing not to receive newsletters on your account page.

When lawful and practical, you have the option of using a pseudonym or not identifying yourself when providing information to us. In doing so you acknowledge that goods and services provided to you may be affected.

If you believe that we have breached our privacy obligations you can make a complaint by emailing or writing to us – refer to clause 15 of this Policy for our contact details.

We will respond to all complaints within seven (7) days confirming receipt of the complaint and that the relevant investigation procedures have been commenced.

We will attempt to complete our investigation and resolve your complaint within twenty-eight (28) days from the date you lodge your complaint.

If we do not resolve your complaint to your satisfaction or you are dissatisfied with the action we have taken, you may apply to the Office of the Australian Information Commissioner or such other applicable entity to have your complaint investigated. For further information about how to do this, please contact the Office of the Australian Information Commissioner on 1300 363 992 or visit www.oaic.gov.au.

When you leave our Website, you will be going to websites that are beyond our control. Such third-party websites may collect Personal Information or other information from users. Our Policy does not apply to any third-party websites. We encourage you to read the privacy policies of any third-party websites. You may not link to our Website without our prior approval.

We may change this Policy at any time and without prior notice. Where changes are made to this Policy we will take reasonable steps to notify you. The revised Policy will take effect when it is uploaded on our Website.

On your request, we will provide you with access to your Personal Information that we hold within a reasonable period of time after the request is made, except to the extent that we are lawfully able to refuse such a request. If reasonable and practicable to do so, we will give you access to your Personal Information in the manner that you request. If not so requested, we will provide you with access to your Personal Information via email or in writing.

All requests about the Personal Information that we hold must be made by email or by writing to us – refer to clause 15 of this Policy for our contact details.

We rely on the accuracy of the Personal Information you provide us. In the event that Personal Information about you is inaccurate, incomplete or out-of-date, you can request that the Personal Information about you is corrected by emailing or by writing to us – refer to clause 15 of this Policy for our contact details.

In the event that we deny you access to your Personal Information that we hold, or refuse to correct the Personal Information about you, we will provide you with written reasons and the mechanisms available to complain about such refusal.

We do not generally charge for providing such access but we may do so in certain circumstances. We will try to respond to your request within fourteen (14) days.

For further information about privacy issues and the protection of privacy, visit the Office of the Australian Information Commissioner’s website at www.oaic.gov.au or such other entity applicable to the jurisdiction in which we collect your Personal Information.

If you have any queries in respect of our Policy, please email us using the Contact form.