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Emergent complies with the Australian state and commonwealth privacy laws including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (collectively, "Privacy Laws") as well as GDPR.
Emergent is committed to the privacy of its website users and to continue providing products in a confidential and safe manner.
This Privacy Policy summarises how Emergent handles personal information with respect to:
any official Emergent website, web/cloud-based application (“Website”) including any forms on the Website;
any stand-alone Emergent software including APIs, plug-ins or application ("App");
any software used to provide the Website; and
any services provided by or to a User through the Website or the App,
(collectively, “Platform”).
Emergent will respect and keep secure all personal and sensitive information provided to Emergent by users and clients of its Platform (individually and collectively, “User/s”) in accordance with applicable privacy laws and this Privacy Policy.
By downloading, installing or continuing to use the Platform, a User acknowledges acceptance of this Privacy Policy as updated from time to time.
Information Emergent collects and holds
Personal Information
Definition [non-EU]
If the User is not an EU Entity, "personal information" is defined by the Privacy Act 1988 (Cth) as “information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in a material form or not.”
Definition [EU-only]
If the User is an EU Entity, "personal information" is defined as “any data that can be used to identify a living person directly or indirectly”.
From time to time, Emergent may collect certain of a User's personal information. Emergent only collects that personal information that is reasonably necessary for or related to Emergent’s business or to facilitate the use of the Platform by Users.
The kind of information Emergent collects will depend on a User's relationship with Emergent (e.g. as a Platform user, customer, business partner, employee or contractor).
Generally, the only personal information Emergent collects about a User is that information which a User choose to disclose to Emergent or which a User authorises Emergent to obtain.
The type of information Emergent collect may include a User/User’s:
business’s account details
personal name
age
residential/work address
email addresses
telephone number
photographs
physical location
hardware/browser/software used to access the Platform
IP addresses[LD1]
Sensitive Information
Sensitive information is a special category of the most sensitive personal information including racial or ethnic origin, political opinion, police record, health and disability information etc.
Emergent does not collect sensitive information.
Credit card details
Emergent does not collect or store credit card numbers.
How Emergent collects and holds personal information
Where possible, Emergent will collect a User's personal information directly from a User, but information may also be collected via:
IP loggers;
social media;
wi-fi routers; and
GPS devices[LD2]
Personal and sensitive information may be collected from a User when a User provides it to Emergent directly.
Emergent has established appropriate physical, electronic and managerial procedures to safeguard any information Emergent collects. This helps prevent unauthorised access, maintains data accuracy and ensures that the information is used correctly.
All data transferred to and from Emergent's servers is encrypted and a firewall is in place to prevent intrusion. All data stored within Emergent’s systems is designed to only be able to be accessed by authorised Emergent officers, employees, contractors and the relevant hosting facility.
The purposes for which Emergent collects, holds, uses and discloses personal information.
Emergent collects personal information that Emergent considers relevant for the purpose of providing Emergent’s services or the Platform. Emergent will not use or disclose personal information collected about an individual for the purposes of direct marketing unless the individual has given Emergent consent to do so. Emergent will not disclose any personal information to any third-party overseas recipients unless the individual has given Emergent consent to do so.
Some of the ways Emergent uses personal information includes to:
communicate with a User and others as part of Emergent’s business
enable Emergent to provide a product
personalise a User's Emergent user experience
send a User information regarding changes to Emergent’s policies, other terms and conditions, on-line services and other administrative issues
manage accounts and perform other administrative and operational tasks (including risk management, systems development and testing, credit scoring and staff training, collecting debts and market or client satisfaction research)
prevent, detect and investigate crime, including fraud and money laundering, and analyse and manage other commercial risks
verify information given to Emergent
carry out market research and analysis, including satisfaction surveys
provide marketing information to a User (including information about other products and services offered by selected third party partners) in preferences a User have expressed
manage Emergent’s infrastructure and business operations and comply with internal policies and procedures, including those relating to auditing accounting billing and collections IT systems data and website hosting business continuity and records, document and print management
process refunds, replacements and repairs
resolve complaints and handle requests for data access or correction
comply with applicable laws and regulatory obligations (including laws outside a User's country of residence), such as those relating to anti-money laundering, sanctions and anti-terrorism
comply with legal process and respond to requests from public and governmental authorities (in outside a User's country of residence)
establish and defend legal rights protect Emergent’s operations or those of any of Emergent’ group companies or insurance business partners, Emergent’s rights or property and/or that of Emergent’ group companies, a User or others and pursue available remedies or limit Emergent’ damages
To whom does Emergent disclose a User's personal information?
Emergent may disclose a User's personal information to:
the User
government authorities (where required by law including workers compensation laws)
third parties involved in court action (where required by law)
other parties that provide support services to Emergent including support services, merchant services, online marketing programs for the purposes of marketing Emergent products only
professional advisers
potential business partners or purchasers[LD3]
What happens if a User doesn't provide personal or sensitive information?
If a User does not provide some or all of the information requested, Emergent may not be able to provide Emergent’s products, permit a User to open or use a user account or give a User access to the Platform.
Using a pseudonym or engaging with Emergent anonymously
Where practicable, a User will be given the opportunity to engage with Emergent on an anonymous basis or using a pseudonym. Due to the nature of Emergent’s services, in most cases, the use of a pseudonym anonymity will not be possible.
Miscellaneous
Website cookies and usage information
When a User accesses Emergent’s Platform, Emergent may use software embedded in Emergent’s Platform and Emergent may place small data files (or cookies) on a User's computer or other device to collect information about which pages a User's view, how a User reach those pages, what a User does when a User visits a page, the length of time a User remains on the page and how Emergent performs in providing content to a User. A cookie does not identify individuals personally, but it does identify computers.
A User can set a User's browser to notify a User when a User receive a cookie and this will provide a User with an opportunity to either accept or reject it in each instance. Emergent may gather a User's IP address as part of Emergent’s business activities and to assist with any operational difficulties or support issues with Emergent’s services. This information does not identify a User personally.
External links
The Platform may contain links to other websites. When a User accesses these links, Emergent recommends that a User read the website owner's privacy statement before disclosing a User's personal information. Emergent does not accept responsibility for inappropriate use, collection, storage or disclosure of a User's personal information collected outside Emergent’s Platform.
Cross-border disclosures of a User's personal information
Emergent does currently use off-shore service providers with regard to storage of personal information data including email services, support service and telephonic services. Emergent reserves the right to use data hosting facilities and third-party service providers both in Australia and overseas to assist Emergent with providing our goods and services.
Right to opt out of personal information use
Emergent will comply with any request from a User to process or cease using their personal information data as soon as practicable.
Unless a User specifically opts-out of use of personal information for marketing purposes, Emergent will assume Emergent has a User's implied consent to receive similar information and communications in the future.
Right to rectification
Emergent has obligations to take reasonable steps to correct personal information held by Emergent if Emergent is satisfied that it is inaccurate, out-of-date, incomplete, irrelevant or misleading for the purpose for which it is held.
Emergent will comply with any request from a User to update and/or correct their personal information data within 28 days.
Emergent may take reasonable steps to verify a User's identity before making any such changes.
In cases where the information was provided by a third party, Emergent may not be able to correct information and a User may have to contact the third-party that gave information to Emergent.
Right of access [EU only]
If the User is an EU Entity, Emergent will comply with any request from a User to access their personal information data erased within 28 days.
Right to erasure [EU only]
If the User is an EU Entity, Emergent will comply with any request from a User to object to have their personal information data erased within 28 days.
Right to data portability [EU only]
If the User is an EU Entity, Emergent will comply with any request from a User to obtain and/or use their personal information data for their own purposes within 28 days.
Policy changes
Emergent may revise this Privacy Policy from time to time by updating this page. The revised Privacy Policy will take effect when it is posted on Emergent’s Website, implemented in the Platform or otherwise communicated to a User. Emergent suggests that a User review Emergent’s Privacy Policy regularly.
Applicable law
This agreement is governed by and construed in accordance with the laws of Victoria, Australia.
The User irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
Definitions
In this Privacy Policy:
“Emergent” means EMERGENT STUDIOS PTY LTD [ACN 167741675] and any "Related Body Corporate" within the meaning of the Section 50 of the Corporations Act 2001 (Cth).
"EU Entity" means a User that:
a. is incorporated; or
b. ordinarily resides (wholly or partly),
in a European Union member state from time to time.
Contacting Emergent
To exercise a right under this Privacy Policy, make further inquiries or to complain about a breach of the law (including the Australian Privacy Principles or a registered Australian Privacy Principles code, if applicable) a User should contact Emergent as follows:
The Privacy Officer
EMERGENT STUDIOS PTY LTD
12/650 Sydney Road,
Brunswick, VIC 3056
Email: enquiry@esla.com.au[LD4]
Emergent takes all complaints regarding privacy of information seriously. Emergent will respond to any inquiries in a reasonable time.
[LD1]Consider. Anything missing? You may not collect all of these (initially) but are reserving the right to
[LD2]Consider. Anything missing.
[LD3]Consider
[LD4]Note