Privacy Policy
Enzide Technologies Ltd (ACN 621 720 607) (Enzide)
1. General
1.1 In this policy
Claim means any claim in law or equity, or under statute, for a remedy of any nature whatsoever, whether contingent, prospective, actual or otherwise and including any and all claims, actions, sums of money, arbitrations, suits, counterclaims, demands, causes of action, debts due, verdicts, judgments, Losses, account reckonings, proceedings and charges;
Law means any law or legal requirement, including at common law, in equity, under any statute, regulation or by-law and any decision, directive, guidance, order, decree, guideline or requirements of any authority;
Loss means any damage, loss, expense and cost whatsoever including any cost or expense regarding any Claim and any legal costs and expenses of any nature;
User, you or your means any person who accesses and uses the Websites; and
Websites means https://enzidetech.com/ and any other website owned or operated by Enzide and Website means any one of them.
1.2 This policy has been prepared in accordance with:
applicable Australian privacy and data protection laws, including the Privacy Act 1988 (Cth)(Privacy Act) and the Australian Privacy Principles contained therein; and
the General Data Protection Regulation (EU) 2016/679 (GDPR),
1.3 This Policy applies to Enzide’s collection and disclosure of your Personal Information (as defined in clause 2.2) when you use the Websites or otherwise interact with Enzide.
1.4 This Policy is intended to describe what information Enzide collects and/or processes; how Enzide uses it; and under what circumstances, if any, Enzide discloses any Personal Information. Please read this Policy before using the Websites or before submitting any Personal Information to Enzide. By using the Websites, interacting with Enzide or submitting any Personal Information to Enzide, you are accepting the practices described in this Policy.
1.5 Enzide may in its absolute discretion elect to amend or replace this Policy by uploading a revised version of the Policy on the Websites from time to time. A copy of the most up to date version of this Policy will be made available to view at https://www.enzidetech.com/privacy. Any changes made to this Policy will apply immediately from the date Enzide uploads the revised Policy to https://www.enzidetech.com/privacy. In addition, Enzide may, but is not obliged to, notify you by email of any updates to this Policy. Enzide strongly encourages you to refer to this Policy on an ongoing basis to understand your rights under the Policy. Unless otherwise stated, the most current Policy will apply to all information Enzide has about you. If you do not agree with the practices outlined in this Policy, you must immediately stop accessing the Websites or interacting with Enzide.
1.6 In this Policy, the word “including” and similar expressions are not, nor are they to be interpreted as, words of limitation.
2. Types of Information Collected
2.1 When you use the Websites or interact with Enzide, Enzide may collect your Personal Information, Sensitive Information and Statistical Information – all of which are defined in clauses 2.2, 2.3 and 2.4 below, respectively.
2.2 Personal Information includes information which identifies a natural person, or by which the person’s identity may be reasonably determined. It may include a person’s full name, mailing or residential address, date of birth, bank account details, signature, credit card details, phone number and email address, as well as well as “personal data” (for the purposes of the GDPR) or Sensitive Information. For the purpose of this Policy, the term “Personal Information” also includes:
information we collect through your interactions with Enzide or other interactions with content on the Websites (including information you provide through completing any forms on a Website); and
personal information obtained from a third party which, under and in accordance with the Privacy Act, may lawfully be exchanged.
2.3 Sensitive Information includes information (or an opinion) about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices or criminal record, as well as information about an individual’s health, genetic information or biometric information.
2.4 Statistical Information includes the internet protocol (IP) address of your device used to connect to the Websites created by Enzide, time zone setting, language preferences, location data, information about your browser, phone, hardware and software (including your hardware model, operating system version, device memory, advertising or unique application or device identifiers and (potentially) information about your applications installed, battery level, as well as other information which does not identify you personally, but which tracks your usage of the Websites or interaction with Enzide.
2.5 Enzide also collects information automatically (through the use of cookies) on the Websites, as discussed in this Policy further below.
3. Personal Information about third parties
3.1 If at any time you supply Enzide with Personal Information or Sensitive Information about another person, you must ensure that you have written consent from that person to do so, and you must agree to inform that person about Enzide, this Policy and the fact that Enzide may use and disclose their Personal Information in accordance with and for the purposes outlined in this Policy.
4. How Enzide collects Personal Information
4.1 Enzide will not ordinarily collect any Personal Information about you except where you provide it to Enzide (either directly, or interacting with content on the Websites), or where it is provided to Enzide with your authority.
4.2 Enzide collects Personal Information when you:
a) interact with content on the Websites (including through completing any forms on a Website);
b) provide Enzide with feedback, make an enquiry or request of Enzide or make a complaint; and/or
c) do business with Enzide.
4.3 In the event Enzide receives unsolicited Personal Information about you (ie where Enzide has taken no active steps to collect the Personal Information), it will only be collected where:
a) such collection is reasonably necessary for, or directly related to, one or more of Enzide’s functions or activities; and
b) Enzide either:
i) obtains your consent; or
ii) is authorised or required to do so by Law.
4.4 Where Enzide receives unsolicited Personal Information and clause 4.3 does not apply to that Personal Information, Enzide will (as soon as practicable) destroy or de-identify the unsolicited Personal Information that Enzide receives.
4.5 Where clause 4.3 applies to any unsolicited Personal Information that Enzide has received, Enzide will treat the Personal Information in accordance with the Privacy Act and this Policy.
5. How Enzide uses Personal Information
5.1 Enzide will collect Personal Information for the purposes set out in clauses 5.2 to 5.4 inclusive. Enzide will make every reasonable effort to advise you of the specific purposes for which Enzide is required to collect your Personal Information before that Personal Information is to be collected.
5.2 To provide, develop and improve Enzide’s services
You authorise Enzide to use your Personal Information to:
a) contact you in relation to your use of the Websites or your interaction with Enzide, including to notify you of any modifications to this Policy or any other terms of service;
b) notify you about promotions or other communications;
c) make improvements to the Websites. For example, Enzide may track any troubleshooting issues and compatibility issues with various operating platforms and devices to ensure you have proper and stable access to the Websites, and to implement updates where necessary; and
d) measure the performance of Enzide’s services and to understand how its services are used. For example, Enzide may analyse users’ interactions with the Websites so Enzide can optimise the experience of its users.
5.3 To ensure compliance:
Additionally, the purposes for which Enzide will generally collect and use your Personal Information (for which you authorise Enzide to do so) include to:
a) comply with all Laws (including, where considered necessary by Enzide, verifying your identity to prevent fraud or other unauthorised or illegal activity);
b) perform Enzide’s administrative operations, including accounting, risk management, payment processing, record keeping, archiving, and development and testing; and
c) manage Enzide’s rights and obligations under this Policy or any of its terms of service.
5.4 Marketing and other Communications
Enzide may send you email marketing communications to:
a) provide you with information about the Websites or Enzide’s products or services;
b) invite you to participate in promotions or ask you for feedback; and/or
c) communicate with you for other marketing purposes.
In doing so, Enzide will always provide you with the option to unsubscribe from Enzide’s marketing communications. If you do not want to receive marketing communications from Enzide, please contact Enzide through the Websites or by email.
6. Disclosure of Personal Information
6.1 By accessing a Website or interacting with Enzide, you consent to the disclosure of your Personal Information in accordance with this Policy.
6.2 Enzide takes the protection of your Personal Information very seriously. Enzide will only disclose your Personal Information to its employees, officers, insurers, professional advisers, agents or contractors (including potentially where these parties are based overseas) and insofar as such disclosure is necessary to enable Enzide to perform its obligations and to act in accordance with this Policy. Such Personal Information will not be disclosed or used other than as specified in this Policy without your express consent, which will be stored in Enzide’s records.
6.3 Enzide will not use or disclose your Personal Information for any purpose other than as disclosed in this Policy unless:
a) Enzide has obtained your consent to its use or disclosure; or
b) the purpose is related to the purposes disclosed in this Policy and an individual would reasonably expect Enzide to use or disclose that Personal Information in that manner.
6.4 Enzide may also disclose your Personal Information to other third parties from time to time. Subject to what is permitted by Law, the types of third parties to whom Enzide may disclose your Personal Information may include:
a) Enzide’s agents, contractors and external advisors (such as legal and financial advisors) whom Enzide engages from time to time to carry out, or advise on, Enzide’s functions and activities;
b) Enzide’s business partners; and/or
c) regulatory bodies, government agencies, law enforcement agencies and courts.
6.5 Unless otherwise specified in this Policy or as required by Law, you authorise Enzide to disclose your Personal Information and Statistical Information to third parties:
a) where Enzide assigns, transfers, sells or otherwise licenses its rights under this Policy to a third party. Where this occurs, Enzide will (if possible) take reasonable steps to notify you using the Personal Information you have provided;
b) where Enzide reasonably believes (acting in good faith) that such disclosure is necessary in order to investigate, prevent or take action regarding illegal activities (including suspected fraud), situations involving potential threats to the physical safety of any person, violations of this Policy or any of Enzide’s other terms of service, or as otherwise required by Law;
c) in a business transaction, including a merger with or acquisition by another company or the sale of all or a substantial portion of Enzide’s assets, of which your Personal Information and Statistical Information may be among the assets transferred. Where this occurs, Enzide will (if possible) take reasonable steps to notify you using the Personal Information you have provided; and
d) where such disclosure is required by Law, or where Enzide reasonably believes in good faith that such disclosure is necessary to protect Enzide’s rights.
6.6 You consent to Enzide disclosing Statistical Information to third parties, including to analytics companies and Enzide’s business partners, to help Enzide understand usage patterns, to assist in Websites and product development and for advertising purposes (subject to what is permitted by Law).
6.7 Enzide may from time to time disclose your Personal Information to overseas entities who may not be bound by Australian Law. Where Enzide discloses your Personal Information to overseas recipients, Enzide will make every reasonable effort in the circumstances to ensure that the overseas recipients comply with this Policy and any applicable Australian Law concerning the protection of Personal Information, unless:
a) Enzide reasonably believes that the overseas recipient is bound by Laws that are substantially similar to the Privacy Act which can be enforced against the overseas recipient; or
b) you give Enzide an informed consent to the disclosure of your Personal Information to an overseas recipient who may not be bound by Australian Law; or
c) the disclosure to an overseas recipient is authorised or required by Australian Law (including the Privacy Act).
7. How Enzide Uses Cookies
7.1 If you continue to access the Websites, you agree to Enzide’s use of tracking technologies, referred to as cookies, to track and record your usage. Cookies are text files placed on your computer or compatible device to collect standard internet log information and visitor behaviour information.
7.2 When you access or use the Websites, Enzide will automatically use cookies to collect technical information including:
a) Statistical Information; and
b) information about your interaction with the Websites, activity on third party websites which are linked to the Websites, and views and interactions with content on the Websites.
7.3 You may control the technical information Enzide collects, including through your browser or device settings. In doing so, you:
a) acknowledge some of Enzide’s services may not function properly if you choose to disable cookies; and
b) release Enzide and any of its related bodies corporate (as defined by the Corporations Act 2001 (Cth)) from any and all Claims, liability and Losses which may arise out of, result from, or relate in any way to your decision to disable cookies (including any limitation on your ability to use the Websites or services provided by Enzide).
8. GDPR
8.1 Enzide will, to the extent required, comply with the principles of data protection (including as set out in the GDPR) for the purpose of fairness, transparency and lawful data collection and use.
8.2 Where the GDPR applies, Enzide will process Personal Information as a processor and/or, to the extent relevant, as a controller (as those terms are defined in the GDPR).
8.3 Where the GDPR applies, Enzide must have a legal basis to process Personal Information which it collects. Enzide relies on several legal bases to process Personal Information in accordance with this Policy, including:
a) where the person has consented to the processing of Personal Information by Enzide (which consent may be withdrawn at any time);
b) for Enzide’s legitimate interests to operate, provide or improve any Website or its products and services;
c) where necessary to provide access to, and use of, any Website; and/or
d) where Enzide is authorised or required by Law to do so.
8.4 Enzide will only process any Personal Information that is considered Sensitive Information if the person expressly consents to it being provided to it being provided to Enzide.
8.5 Where a person has (directly or indirectly) provided consent to Enzide processing their Personal Information, the consent may be withdrawn at any time with future effect – i.e. the withdrawal of consent does not affect the lawfulness of processing based on the consent before its withdrawal. If consent is withdrawn, Enzide will only continue processing the person’s Personal Information where Enzide is permitted or obliged to do so by Law (including under the GDPR).
9. Your Rights Under this Policy
9.1 This clause 9 sets out the rights you have in relation to how your Personal Information is obtained and used.
9.2 Except as otherwise provided by Law, you have the following rights in connection with your Personal Information we have collected
a) the right to be informed how your Personal Information is being used;
b) the right to access your Personal Information (and Enzide will provide you with a free copy of it);
c) the right to correct your Personal Information if it is inaccurate or incomplete;
d) the right to delete your Personal Information (which is also known as “the right to be forgotten”);
e) the right to restrict processing of your Personal Information
f) the right to retain and reuse your Personal Information for your own purposes;
g) the right to object to your Personal Information being used; and
h) the right to object against automated decision making and profiling.
9.3 You are encouraged to contact Enzide at any time if you wish to exercise your rights in relation to this Policy. Enzide reserves the right to request you verify your identity before Enzide acts on any request made by you.
10. Storage of Personal Information
10.1 Enzide implements a variety of security measures to maintain the safety of your Personal Information. Your Personal Information is held on our company servers located in Australia (as determined by Enzide from time to time) in a controlled, secure environment where it is protected from unauthorised access, use or disclosure.
10.2 Enzide 's servers may at times be located overseas in countries which are not bound by the Privacy Act, and you hereby expressly consent to the disclosure of your Personal Information to overseas recipients. In doing so, you agree that Enzide is not obliged to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to that information.
11. Security of Personal Information
11.1 Enzide will use all reasonable efforts to keep secure your Personal Information, Statistical Information and all other information that you transmit to Enzide through your use of Websites, your interaction with Enzide or otherwise. Enzide will take all reasonable care to protect and prevent unauthorised access to, or modification and disclosure of, your Personal Information.
11.2 Notwithstanding clause 11.1 above, you acknowledge the internet is inherently insecure and no data transmission online can be guaranteed as fully secure. Accordingly, Enzide cannot guarantee or warrant the security of any information (including Personal Information) you provide through your use of the Websites. You understand that any Personal Information you provide to us is done so at your own risk.
11.3 If Enzide becomes aware of a breach of security in relation to your Personal Information, Enzide will immediately use all reasonable endeavours to take action to remedy the security breach, in order to limit the risk caused by unauthorised access to, or unauthorised disclosure of, your Personal Information before any serious harm is suffered as a result of the breach.
11.4 If Enzide becomes aware of a breach of security, and a third party has, without authorisation:
a) accessed your Personal Information; or
b) disclosed your Personal Information to another third party,
(Data Breach),
and a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to you, then Enzide will (as required by Law) notify you and the Office of the Australian Information Commissioner (OAIC) with details of the Data Breach, including details of how Enzide believes the Data Breach has occurred and to what Personal Information such Data Breach relates, and the steps that you can take in response to the Data Breach.
11.5 If Enzide becomes aware of a Data Breach in which your Personal Information is lost, and Enzide has reasonable grounds to believe that:
a) unauthorised access to, or unauthorised disclosure of, your Personal Information is likely to occur; and
b) if unauthorised access to, or unauthorised disclosure of, your Personal Information occurs, a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to you,
Then Enzide will notify you and the OAIC with the details of the Data Breach, including details of how Enzide believes the Data Breach has occurred and to what Personal Information such Data Breach relates, and the steps that you can take in response to the Data Breach.
11.6 You acknowledge and understand that if you access the Websites from outside Australia, other entities including, potentially, foreign governments, may collect, use and disclose your Personal Information in ways which differ from this Policy and the Laws of Australia, and that Enzide will in such circumstances have no control over such collection of your Personal Information (and are not liable in relation to such collection).
12. How long your Personal Information is stored
12.1 You consent to Enzide retaining your Personal Information for as long as necessary to fulfil the purposes for which Enzide has collected it, including in order to satisfy any Law.
12.2 To determine the appropriate retention period for Personal Information, Enzide will consider the amount, nature and sensitivity of the Personal Information collected from you, the potential risk of unauthorised use or disclosure of your Personal Information, the purposes for which Enzide processes the Personal Information and whether Enzide can achieve those purposes through other means. Enzide will also at all times have regard to the applicable legal requirements under the Privacy Act(as applicable).
13. Third parties
13.1 Where Enzide provides your Personal Information to third parties in accordance with this Policy, you acknowledge and agree that:
a) the use of your Personal Information by third parties is not in Enzide’s reasonable control;
b) third party websites may place their own cookies or other files on your computer or compatible device, solicit Personal Information from you and may or may not use your Personal Information in accordance with their own privacy policies which may differ from this Policy; and
c) it is your responsibility to familiarise yourself with the privacy policy of any third party website you visit which collects Personal Information about you and to use your discretion when providing such Personal Information.
13.2 If Enzide discloses Personal Information to a third party, Enzide will always act to protect it in accordance with this Policy. However, you agree that Enzide will not be liable for any Loss or liability which may be incurred as a result of, or in connection with, or in relation to any use of your Personal Information by a third party to whom Enzide validly disclosed the Personal Information (and you agree to make no claim against Enzide in that regard).
14. How to Contact Enzide
14.1 If you believe that the privacy of your Personal Information has been compromised or that your Personal Information has not been used in accordance with this Policy, you should contact Enzide as soon as possible using the means on the Website.
15. How to Contact the Office of the Australian Information Commissioner
If you do not receive a satisfactory response from Enzide, or you believe that Enzide has not handled your complaint satisfactorily, you may wish to refer your complaint to the Office of the Australian Information Commissioner at:
Address: GPO Box 5288, Sydney NSW 2001
Email: enquiries@oaic.gov.au
Phone: 1300 363 992