Privacy Policy

This Privacy Policy forms section F of our Usage Agreement and describes how Innovation360 Pty Ltd (trading as AusDrive) manages personal information of our end user customers “Clients” including staff, contractors and office holders of the Client. In this Privacy Policy, "we", "our" and "us" are all references to Innovation 360 Pty Ltd.

 

About this Privacy Policy

This Privacy Policy sets out our policy on the collection, use and disclosure of personal data of our clients (collectively, our "Cloud Services") in accordance with our statutory obligations under the Privacy Act 1988 (Cth). It includes:

 

  • The period for which we store personal data;

  • Your rights to access and rectify or to request erasure of personal data;

  • Your right to withdraw consent;

  • The right to lodge a complaint with the Office of the Australian Information Commissioner;

  • Why we collect and process personal data, the categories of personal data that we process, and who we disclose it to;

  • Details of the security measures that we take to help protect your personal data;

  • Other information about how we collect, use, disclose and process personal data.

 

If we decide to change this Privacy Policy, we will post those changes here so that you will always know what personal data we gather, how we might use that information, and whether we will disclose it to anyone.  If you are a Client of our Cloud Services, we will notify you of any changes to our Privacy Policy by sending an email to you using the email address that you provided to us when subscribing to our Cloud Services or any new email address that you provide to us.

 

Personal data we collect and how we use it

We collect personal data that you give us, whether by email, telephone, in person, via application forms or otherwise. We may obtain personal data directly from third parties such as our resellers, related companies, installers, sales agents and any of their representatives.  In addition, we may obtain personal data from public sources, where available. However, if it is reasonable and practicable to do so, we will collect personal data about an individual only from that individual. If you provide us with personal data about any person other than you, please notify us so that we can ensure that they are provided with the information required by Australian Privacy Principle 5.

 

We will not collect personal information (other than sensitive information) unless the information is reasonably necessary for one or more of our entity's functions or activities and we will not collect sensitive information unless you consent to the collection and the sensitive information is reasonably necessary for one or more of our functions or activities, or we collect it pursuant to subclause 3.4 of the Australian Privacy Principles. Please notify us if you are not old enough or not otherwise able to provide us with consent, and do not provide us with any consent for the purposes of applicable privacy law.

 

The personal data that we collect and how we use it is as follows:

 

1. Subscription/registration, payment, transaction and profile data: If you register or subscribe to our Cloud Services, we will collect, hold and otherwise process your personal data including :  names,  telephone numbers,  mobile numbers,  email addresses, postal addresses,  business addresses, and Australian Business Numbers. We will process this personal data in order to administer our end user subscriptions, registrations and accounts on the Cloud Services, for the purposes of providing our Clients with access to and use of the Cloud Services, to enforce our Clients' obligations to pay the fees and charges to us and to otherwise enforce compliance by our Clients with our Usage Agreement and the contractual obligations that they owe to us. We will also process this personal data in order to provide our end users with information and assistance about the Cloud Services, and to communicate with our end users in connection with any maintenance notices, renewal notices and service status updates for the purposes of keeping our end users informed and up to date about the status of our Cloud Services. Bank Account and Credit Card Details are collected by Integrapay for the purposes of processing Direct Debit services. Integrapay will debit your bank account or credit card and deposit funds into Innovation360's bank account.

2. Data sent to (via backup or file sync) AusDrive's Amazon Web Services (AWS) storage account by the Customer and/or end users: Any personal data that our clients upload to AusDrive's AWS account will be processed by Innovation360 on behalf of our clients in our capacity as a processor in order to provide our clients with the Cloud Service in accordance with their specific instructions (unless applicable law to which we are subject requires other processing of that personal data by us, in which we will inform you of that legal requirement (unless that law prohibits us from doing so on important grounds of public interest).

3. Data relating to communications between us and our end users: When our clients request support, we will process personal data including the name of the end users and any other personal data that our clients provide to us during the communications. We will process this personal data in order to provide our Customers with information and assistance about our Cloud Service, and to communicate with our Customers in connection with any breach, expiry, termination or suspension of their Cloud Service.

Who we share personal data with:

We only disclose personal data to third parties who perform services on our behalf to the extent necessary for them to perform those services. We do not sell personal data to third parties for their own marketing purposes. We may disclose personal data that we collect for all or any of the following purposes:

 

  • To provide you with the Cloud Services – in which case we disclose data you upload to AusDrive's AWS account;

  • So that we can obtain assistance with the provision of the Cloud Services – in which case we may disclose your personal data to members of our corporate group who we may subcontract the provision of all or part of the Cloud Services to;

  • Conducting publicity campaigns – in which case we may disclose your personal data to our marketing suppliers;

  • Handling claims and complaints – in which case we may disclose your personal data to our lawyers and insurers;

  • Sending out a newsletter – in which case we may disclose your personal data to our email and newsletter service providers;

  • In order to identify our end users when we are contacted with questions or concerns regarding the products and services we provide;

  • In order to configure a new service for our end users;

  • In order to record billing details;

  • In order to interface with third party platforms;

  • For professional advice - when providing information to our legal, accounting or financial advisors/representatives or debt collectors for debt collection or other legitimate purposes;

  • If we sell the whole or part of our business of Innovation360's Cloud Services or merge with another entity – in which case we will provide to the purchaser or other entity the personal data that is the subject of the sale or merger;

  • Where required by law.

 

To enforce our rights and defend any claims, we may also provide your personal data to our lawyers, insurers and professional advisors and any court or administrative body, for one or more of the following purposes:

 

  • For the purposes of obtaining professional advice;

  • To obtain or maintain insurance;

  • The prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;

  • To protect or enforce our rights;

  • Enforcement of our claims against you or third parties;

  • The enforcement of laws relating to the confiscation of the proceeds of crime;

  • The protection of the public revenue;

  • The prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; 

  • The preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of the court or tribunal. 

  • Where disclosure is required to protect the safety or vital interests of employees, end users or property

 

Third party platforms

Innovation360 clients may use our Cloud Services to link to or send data to third party websites and platforms. Doing so from the AusDrive service does not mean that we endorse or recommend them. Where a Client uses our Cloud Services to provide personal data to a third party website or platform, the end user does so at its own risk. We do not warrant or represent that any third party website or platform operator complies with applicable data protection laws. You should consider the privacy policies of any relevant third party websites and platforms prior to sending your personal data to them.

 

Innovation360 has no control over and takes no responsibility for the privacy practices of these third parties that receive personal information from you when using our service. You are responsible for checking the privacy policy of any third parties you send your personal information to from within our service.

 

Security

We only process personal data in a manner that ensures appropriate security of the personal data, including by protecting the personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage using appropriate technical or organisational measures. 

 

When you subscribe to our Cloud Service, we need to collect personal data from you in order to identify you and setup an account for you. We will also collect personal data from you when you contact us for technical support and assistance with your account. You have the option of not identifying yourself or using a pseudonym when contacting us to enquire about our Cloud Services, but not if you wish to actually access our Cloud Services or any of our other services.

Spam email

We do not send "junk" or unsolicited e-mail in contravention of the Spam Act 2003 (Cth). We will, however, use e-mail in some cases to respond to inquiries, confirm purchases, or contact Clients. Anytime a Client receives e-mail that it does not want from us the Client can request that we not send further e-mail by contacting us via email at: sales@ausdrive.net.au This refusal to receive email from us may impair our ability to provide important information to Clients.

 

Contractors and offshore providers

Provided that we comply with the provisions of the Australian Privacy Principle 8 (Cross-border disclosure of personal information), we may transfer your specific personal data (including :  names,  telephone numbers,  mobile numbers,  email addresses, postal addresses, residential addresses, business addresses, and Australian Business Numbers) to our contractors and service providers who assist us with providing our products and services to you, where we consider it necessary for them to provide that assistance.

 

However, this does not include the data you store within AusDrive's AWS storage account. This data is stored within AWS's Australian region and is not sent overseas by Innovation360.

Retention and de-identification of personal data

We will not keep personal data in a form which permits identification of any person for longer than is necessary for the purposes for which the personal data is processed. We will, following your cessation of use of the Cloud Services, at your option delete or return to you all of the personal data uploaded and/or entered into the Cloud Services by you. Where you require that personal data to be returned, it will be returned to you after the end of the provision of services relating to the processing ("Processing Conclusion Date"), and we will thereafter delete all then remaining existing copies of that personal data in our possession or control as soon as reasonably practicable thereafter, but in any event not more than 30 days after the Processing Conclusion Date, unless applicable law requires us to retain the personal data in which case we will notify you of that requirement and only use such retained data for the purposes of complying with those applicable laws. If you do not communicate that you require the data to be returned we will delete it as soon as reasonably practicable thereafter, but in any event not more than 30 days after the Processing Conclusion Date.

 

Where required under the Privacy Act, we will destroy and/or de-identify personal data that we collect about you in accordance with our legal obligations.

 

Your rights under the Privacy Act

Subject to the provisions and exceptions set out in the Privacy Act, you have a number of rights, including:

 

  1. the right to request from us access to and rectification or erasure of your personal data or restriction of processing concerning your personal data;

  2. the right to object to the processing of your data;

  3. the right to data portability;

  4. the right to withdraw consent (where you have consent to the processing of your personal data for one or more specific purposes);

  5. the right to lodge a complaint with the Office of the Australian Information Commissioner or any supervisory authority;

Please contact us if you wish to opt out of any communications that we send you. We will handle all such requests in accordance with our statutory obligations.  If you withdraw your consent for processing, object to the processing of your personal data or request us to erase your personal data and as a result it is not possible or practical for us to continue providing you with the Cloud Services, we may, but we are not obliged to, terminate your subscription for any or all AusDrive services.

 

How to access and correct personal data held by us

Please contact us if you wish to access your personal data that we hold about you, using the details set out at the end of this Privacy Policy. We will handle your request for access to your personal data in accordance with our statutory obligations.  To ensure that we only obtain, collect, use and disclose accurate, complete and up to date personal data, we invite you to contact us and inform us if any of your personal details we hold change or if any of the personal data held by us is otherwise incorrect or erroneous.In exchange for your payment to us of a reasonable fee, we will provide you (or if you wish, another controller) with a copy of the personal data they we hold about you in a structured, commonly used and machine readable format.

 

Notifiable data breaches

Since 22 February 2018, data breaches that are likely to result in serious harm must be reported to affected individuals and the Office of the Australian Information Commissioner, except where limited exceptions apply. We have prepared a response plan for addressing data breaches that may occur and have allocated responsibility for managing breaches to a relevant individual or team. We will notify you of any data breach that may affect you where we are required to do so in accordance with our legal obligations.

 

Our contact details

AusDrive is owned and operated by Innovation360 Pty Ltd. If you wish to contact us for any reason regarding our privacy practices or the personal data that we hold about you, please contact us at the following address:

 

Privacy Contact Details 

Please email sales@ausdrive.net.au for specific information about Innovation360's Privacy Contact.

We will use our best endeavours to resolve any privacy complaint within 10 business days following receipt of your complaint. This may include working with you on a collaborative basis to resolve the complaint or us proposing options for resolution.

 

If you are not satisfied with the outcome of a complaint you make refer the complaint to the Office of the Australian Information Commissioner (OAIC) who can be contacted using the following details:

 

Call: 1300 363 992

Email: enquiries@oaic.gov.au

Address: GPO Box 5218, Sydney NSW 2001