Privacy

1. Our Commitment to Your Privacy

1.1 The Total Synergy group of companies (“We/Us/Our”) respect your privacy.  So that you may understand how We deal with your Personal Information (please see section 1.9 and 2 below setting out details of the type of information that this may include), We have set out how and why We collect, hold, use, manage and disclose Personal Information in this Privacy Policy.  You may print a copy of this Privacy Policy. Please read the following carefully to understand our views and practices regarding your Personal Information and how we will treat it.

1.2 One of Our primary services involves providing an online multi-sided marketplace where companies and individuals share information and cross-promote their products and services to each other.  In order for this service to be successful, it is necessary for each participant to be able to freely exchange certain items of their personal details with each other participant in the market, as well as being able to promote their (or their organisations’ ) products and services to each other participant in the online market, and to have each other participant share certain items of their Personal Information with you and be able to promote their products and services to you. In order to participate in the marketplace you must agree to the sharing of your Personal Information in accordance with this Privacy Policy. If you do not agree to the sharing of your information in accordance with this Privacy Policy, then you should immediately cease to use Our service and our Website.

1.3 We will update this Privacy Policy from time to time at Our discretion, so you should visit Our website regularly to see the latest copy of the Privacy Policy.

1.4 This Privacy Policy binds all companies in the Total Synergy group, including Our related and affiliated companies.  We may use any of Our group companies to assist Us perform Our business activities and functions, and this Privacy Policy should be interpreted so that “We/Us/Our” includes any of Our group companies.  These group companies include:

1.4.1 in Australia: Total Synergy Pty Ltd (ABN 34 088 664 608); and Total Synergy (A/E/C) Pty Ltd (ABN 31 081 067 950);

1.4.2 in the United Kingdom, Total Synergy UK Ltd (Reg. No. 07814290); and

1.4.3 in the United States of America: Total Synergy USA Inc (registered in California under number C3163520;.

1.5 Our business activities and functions include:

1.5.1 promoting, offering, licensing and providing support for business practice management software, and related products and services, including on a “software as a service” basis;

1.5.2 the provision of an online multi-sided marketplace for companies and individuals to share information and cross-promote their products and services to each other;

1.5.3 promoting, offering, selling and performing professional services, including consulting, support and training;

1.5.4 support for community and charitable causes, including “Movember”; and

1.5.5 any business activities related or ancillary to any of the activities set out above.

1.6 This Privacy Policy relates to how We collect, hold, use, manage and disclose Personal Information that We and Our group companies collect in Our own name and for Our purposes.  Where We are providing Our software programs and services to Our clients and We (or Our contractors) host client data (including Personal Information) within Our software programs or services, Our systems are used by Our clients to hold and process Personal Information that is collected by them. In some jurisdictions, including within the United Kingdom and the European Union this means that We are categorised as a ‘data processor’ and Our clients are categorised as a ‘data controller’.  Generally, We have extremely limited rights to access, view or edit Our clients’ data that is held in Our systems and We collect, hold, use, manage and disclose their Personal Information only as directed by them or to comply with applicable law. This information is subject to the privacy policies of Our clients (and not Us), and Our clients are responsible for its collection, storage, use, management and disclose.  If your Personal Information is being processed by Us on behalf of one of Our clients then you should review the privacy policy of our applicable client, a copy of which may be on that client’s website.

1.7 Some of the key phrases that are used in this Privacy Policy include “Personal Information” and “Sensitive Information”.

1.8 “Personal Information” is defined to mean information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, relating to an individual whose identity is apparent, or can directly or indirectly be ascertained, from the information or opinion. However, if a local privacy law defines personal information in a broader way, then We will meet our obligations in this Privacy Policy using that definition of personal information.

1.9 “Sensitive Information” is defined to mean information or an opinion about an individual’s:

1.9.1 racial or ethnic origin;

1.9.2 political opinions;

1.9.3 membership of a political association;

1.9.4 religious or philosophical beliefs or affiliations;

1.9.5 membership of a professional or trade association;

1.9.6 membership of a trade union;

1.9.7 sexual preferences or practices;

1.9.8 sexual orientation

1.9.9 criminal record;

1.9.10 health information; and/or

1.9.11 genetic or biometric information about an individual that is not otherwise health information.

1.10 However, if a local privacy law defines sensitive information in a broader way, then  We will meet our obligations in this Privacy Policy using that definition of sensitive information.

2. What Personal Information do We Collect and Hold?

2.1 We may collect and hold the following types of Personal Information:

2.1.1 name, date of birth and relationship to other individuals (e.g. record of next of kin or emergency contact);

2.1.2 address, phone number, fax number, email address, Skype address and other addresses/contact details/identifiers used in electronic communications or business cards;

2.1.3 voicemail recordings left in Our phone system and images that individuals have made publicly available or provided to Us;

2.1.4 video and sound recordings from Our security systems;

2.1.5 demographic information such as postcode, preferences or interests;

2.1.6 information, including data, images, video and sound recordings, that you, or people authorised by you enter into our software programs and services or use the features in our software programs or services to import from other software applications;

2.1.7 information about the products or services that you purchase or consider purchasing from Us, Our suppliers or business associates;

2.1.8 information about enquiries made to Us, Our suppliers or business associates;

2.1.9 information you provide when you raise a support enquiry or when We are working with you to resolve a technical or administrative query;

2.1.1 information that you provide in response to market research, surveys or competitions that are conducted by or for Us;

2.1.2 information that is provided in respect of employment, contract work, work experience or similar, whether solicited or unsolicited;

2.1.3 credit card or details of other payment methods used on Our website, software programs or services, to purchase Our products and services or in connection with Our support of community or charitable causes; and/or

2.1.4 the information set out in section 7 below, which may be identifiable in conjunction with any of the information set out above.

2.2 As a rule We do not collect or hold Sensitive Information. The only exceptions to this rule are:

2.2.1 where the Sensitive Information is directly linked to the individual’s employment records and Our collection, holding and use is permitted by applicable  law for the purpose managing the individual’s employment record; or

2.2.2 where Sensitive Information is provided to Us in connection with the individual seeking employment, internship, work experience, contract work or similar, whether solicited or unsolicited.

3. How do We Collect and Hold Personal Information?

3.1 We collect Personal Information in a number of ways, including:

3.1.1 through Our website;

3.1.2 through communications with you, including letters, emails, telephone calls, voicemail messages, facsimiles, surveys, competitions and via social media applications;

3.1.3 through communications with others;

3.1.4 in the course of you using our software programs and services, when you or people authorised by you load those details into the software programs or services;

3.1.5 in the course of providing Our products and services to you, including providing support through Our support service;

3.1.6 in the course of Our business functions and activities.

3.2 We hold Personal Information:

3.2.1 in Our hard copy files;

3.2.2 in the databases associated with the software programs or services that you have licensed from Us;

3.2.3 in other systems that We use in connection with Our business, some of which may be owned and operated by Our suppliers (please also see section 5); and

3.2.4 in the database associated with Our website.

3.3 Providing it is lawful and practical, We will give you the option of not identifying yourself, using a pseudonym, or not providing Personal Information when you enter into a transaction or deal with Us.

3.4 If you elect not to provide Us with Personal Information then We may not be able to provide you with the information, products, services or support that you may want, and you may be unable to participate fully or at all in Our online marketplace.

3.5 We may receive other unsolicited Personal Information in the course of Our business, for example, where you send us a resume (which includes your name, address and work history) without us specifically asking you to.  We will notify you when we receive any such unsolicited information; confirm to you the purposes for which we intend to use that Personal Information; and deal with this unsolicited Personal Information in accordance with our legal obligations.

4. The Purposes for which We use Personal Information

4.1 We collect, hold, use and disclose Personal Information for the following purposes:

4.1.1 pursuing Our business activities and functions;

4.1.2 facilitating communication between participants in Our online marketplace and promoting, marketing and selling their goods and services to each other. A list of the online marketplace participants is available on the marketplace website.  We will update this list from time to time as participants enter and leave the marketplace;

4.1.3 allowing technical support personnel to provide assistance to you (or your employer), if needed;

4.1.4 facilitating authorised transactions between you (or other people who you are acting for) and Us or between you (or other people who you are acting for) and other people and organisations who are accessible via Our website or other electronic means;

4.1.5 facilitating payment for the purchase of products or services through Our website or otherwise.  In this case you may be directed to (or We may use to facilitate the transaction) a third party website (a secure internet payment gateway) approved by the relevant financial institution within your country of access with whom you bank to enter your credit/debit/charge card or other payment mechanism details.  This third party may in turn integrate the payment software with a third party payment application provider who assists in managing the payment transaction. Where you are redirected in this way, you will be subject to the privacy policies of the third party providers;

4.1.6 performing certain functions via Our website, e.g. conducting surveys, market research, mail outs, competitions or using social media;

4.1.7 conducting surveys, market research, mail and competitions off line;

4.1.8 improving the quality of Our website and Our products and services;

4.1.9 allowing you to participate in interactive features of our service, when you choose to do so;

4.1.10 developing or adding additional products and services from Us or existing or new people and organisations that are accessible via Our website;

4.1.11 Our training and quality assurance purposes;

4.1.12 Our website safety and security purposes;

4.1.13 Our administrative purposes;

4.1.14 allowing technical support personnel to manage Our infrastructure, systems, databases other applications or tools;

4.1.15 statistical analysis of the usage of Our website or applications or tools that are accessed via the website; and/or

4.1.16 complying with applicable laws, including relevant privacy legislation.

4.2 We also collect, hold, use and disclose Personal Information for the purpose of direct marketing of any of Our other services or products which We consider may be of interest to you where you have consented to Us using Personal Information for this purpose and not opted-out in accordance with sections 4.4 and 4.5 below.

4.3 We do not provide Personal Information to third parties except as in accordance with this Privacy Policy, any agreement We have with you or as required by applicable law.

4.4 If you have given Us your consent to provide you with direct marketing communications We may collect, hold, use and disclose Personal Information in accordance with that consent to enable Us to provide you (or other people who you are acting for) information about, and offer you (or other people who you are acting for), other products and services that We offer and which We consider may be of interest to you.

4.5 If you give Us consent to provide you with direct marketing communications We will provide a simple means where you can request not to receive direct marketing communications. Where you have consented to Us providing your Personal Information to any of Our named suppliers or business associates in order for them to provide you with direct marketing communications, You may request that We stop sharing any such Personal Information with that supplier or business associate.  We shall only obtain Personal Information about you from a third party source for the purpose of direct marketing where such Personal Information has been processed lawfully by the third party who has provided. You may request that We disclose the source of that information.  We will respond to any request made under this clause within a reasonable period in accordance with applicable law and at no cost to you.

4.6 Other than in respect of the online marketplace, where participation is conditional upon the sharing of certain Personal Information, and the receipt of direct marketing of the goods and services of other participants, We will seek specific consent by way of opt-in for any direct marketing that We intend to carry out.

5. Storage and Disclosure of Personal Information (including overseas transfers)

5.1 We take appropriate measures to secure personal data and protect it from loss or unauthorised disclosure or damage. All Personal Information provided to Us will be held for so long as we reasonably require to deliver services to you or to or your employer or as otherwise required for regulatory or other legal purposes and will be stored on secure servers. Any payment transactions processed by us or any applicable third party will be encrypted using SSL technology in accordance with this Privacy Policy.

5.2 In accordance with this Privacy Policy, We may send Personal Information to third parties, including those located outside of the territory in which the individual’s Personal Information is gathered for processing by staff who work for Us or for one of our suppliers, including staff engaged in, among other things, the fulfilment of service delivery, the processing of payment details and the provision of support services. Transfers of Personal Information to overseas jurisdictions will take place in the following circumstances:

5.2.1 where We have a group company assisting Us with Our business activities and functions;

5.2.2 where We have a supplier assisting Us with providing assistance with Our business activities and functions;

5.2.3 where Our website, or any hosting service We use to support Our software or software as a service, is hosted by Us or a third party, and the hosting facilities and/or the back-up/disaster recovery sites are located overseas;

5.2.4 where a third party application is being used in connection with Our interactions with you, e.g. when We use email or Skype, the third party providers of the relevant application have their applications hosted overseas;

5.2.5 where We use credit referencing agencies to verify your creditworthiness and/or report back to the credit organisation on your payment history or other details of the financial relationship between us;

5.2.6 where analytics and search engine providers assist Us in the improvement and optimisation of Our website.

5.3 The countries in which We know that Personal Information may be processed and/or transferred to include:

5.3.1 the United States of America;

5.3.2 United Kingdom;

5.3.3 Singapore; and

5.3.4 Australia.

5.4 We will only transfer Personal Information outside of the country of collection in accordance with applicable law.  Wherever Personal Information is transferred outside of the country of collection, we will take all steps reasonably necessary in accordance with applicable law to ensure that such Personal Information is treated securely and in accordance with this Privacy Policy.

5.5 Where We have given you (or where you have chosen) a password which enables you to access certain parts of our website or any part of our services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

5.6 Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your Personal Information, We cannot guarantee the security of your Personal Information transmitted to our site; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.

6. Use of Social Media

Our website uses social media includes blogs, Twitter feeds, and links to other social media, including Facebook, Linked In, Twitter etc.  The nature of social media is that these applications actively enable exchange and disclosure of any information, whether personal or otherwise, that is included within those applications.  All information, including Personal Information that you enter in those applications may be used, stored, handled and disclosed in any way that is consistent with the privacy policies of the relevant applications, if any.  All information that is posted by you in a blog, twitter feed or other social media in connection with the website should be considered as public information that may be used, copied and adapted by any person for any means and should not be posted unless you are prepared to specifically state what restrictions on use there may be with that information or are prepared to accept that it may be used, copied, adapted, stored, handled and disclosed to any other person in any way. We accept no responsibility or liability for any Personal Information that you decide to publish on any social media outlet.

7. Cookies, Metadata and Site Data Activity

7.1 A cookie is a small piece of computer code which remains on your computer and contains information which helps Us identify your browser.

7.2 When you visit Our website and applications and tools on it, the cookie records the authentication to allow your user id to login.  We use the information gathered by cookies to identify your web browser so that when you log in on the next occasion your use of the website and other applications and tools on it is easier and faster because the website has remembered your details.

7.3 If you do not want Us to use cookies then you can easily stop them, or be notified when they are being used, by adopting the appropriate settings on your browser.  If you do not allow cookies to be used some or all of the website or other applications or tools on it might not be accessible to you.

7.4 Sometimes information that you upload is provided with associated metadata.  If you do not want Us to use the metadata you must remove it by erasure from the underlying document/materials properties before uploading it onto the website and other applications and tools.

7.5 We may collect data that is associated with your visit, including the pages your visit, the activities you undertake on our website, the preferences you indicate, the applications and tools you use, the purchases you make, and the competitions you enter, etc.  We may also collect information relating to the computer, mobile phone or other device including the device type, browser, location, IP address and search words used.  We may collect, use, disclose and store such information in any of the ways set out in this Privacy Policy.

8. Links to other Websites and Applications

Our website includes links to other websites, applications and tools that are not owned or operated by Us.  We are not responsible for the content of those websites, applications or tools, nor for any products, services or information contained in them or offered through them.  You should review the privacy policies and terms and conditions of use of those websites, applications and tools when you visit them. We do not endorse, recommend, condone or represent the companies or any content on any third party linked website and may terminate the link or linking program at any time.

9. How to Access and Seek Correction of Your Personal Information or Complain

9.1 Under applicable privacy legislation We must ensure that your Personal Information is accurate and up to date. Therefore, please advise Us of any changes to your information.

9.2 If you want to find out what Personal Information We hold on you, or you believe any of your Personal Information that is held by Us is inaccurate, out of date, incomplete, irrelevant or misleading or it is not necessary for Us to continue to hold it, or you wish for us to delete or port your Personal Information to a third party  provider, you can contact Us, and We will either provide you with access to the Personal Information (in so far as We are legally able and required to do so by applicable law,) or We will delete it or correct it, as applicable, within a reasonable period as determined under applicable law. You can contact Us by:

9.2.1 email at the following email address justask@totalsynergy.com; or

9.2.2 using the contact Us web form on Our website.

9.3 If you wish to complain about a breach of any breach of applicable privacy laws or codes, or this Privacy Policy you should contact Us by:

9.3.1 email at the following email address justask@totalsynergy.com; or

9.3.2 using the contact Us web form on Our website.

9.4 If you make any such complaint, we may be obliged to report that complaint to the relevant local regulator within the timeframes set out in the relevant local legislation. We may also be obliged to self-report a breach of your privacy to the relevant local regulator within the timeframes set out in the relevant local legislation.

9.5 We will aim to respond to any complaint within 10 business days of the date of receipt.  We will attempt to resolve your complaint to your satisfaction.  If you are not satisfied with how We deal with your complaint you may contact the relevant regulatory authority in your country.