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Everty Pty Ltd Privacy Policy
Everty Pty Ltd (ACN 619 045 279) (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or collected by us, when interacting with you and during your use of our website or any other platform through which we make our services available from time to time (Everty Platform).
This Privacy Policy takes into account the requirements of privacy laws, codes and regulations in New Zealand and Australia, including the Privacy Act 2020 and the Privacy Act 1988 (Cth) where applicable (Privacy Laws).
In addition to the Privacy Laws, individuals located in the European Union or European Economic Area (EU) may also have rights under the General Data Protection Regulation 2016/679 and individuals located in the United Kingdom (UK) may have rights under the General Data Protection Regulation (EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018) (together, the GDPR). Appendix 1 outlines the details of the additional rights of individuals located in the EU and UK as well as information on how we process the personal information of individuals located in the EU and UK.
The information we collect
Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
The types of personal information we may collect about you include:
- Identity Data including your first name and last name.
- Contact Data including your telephone number, address and email.
- Financial Data including bank account and payment card details (through our third party payment processor, who stores such information and we do not have access to that information).
- Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.
- Technical and Usage Data when you access the Everty Platform, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of the Everty Platform (including through the use of Internet cookies), and communications with the Everty Platform.
- Profile Data including your username and password for the Everty Platform, charging sessions you have made with us, and support requests you have made.
- Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events.
- Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
- Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.
How we collect personal information
We collect personal information in a variety of ways, including:- when you interact directly with us, including face-to-face, over the phone, over email, or online;
- when you complete a form, such as registering for newsletters or responding to surveys;
- when you apply for a job with us;
- from third parties, such as details of your use of the Everty Platform (from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies); or
- from publicly available sources, such as social media, the New Zealand Companies Office or the Australian Securities and Investment Commission (ASIC).
Why we collect, hold, use and disclose personal information
We have set out below, in a table format, a description of the purposes for which we plan to collect, hold, use and disclose your personal information.Purpose of use / disclosure
Type of Personal Information
To enable you to access and use the Everty Platform and our software, including to provide you with a login.
- Identity Data
- Contact Data
To provide our services to you, including to deliver charging sessions to you.
- Identity Data
- Contact Data
To contact and communicate with you about our business, including in response to any support requests you lodge with us or other enquiries you make with us.
- Identity Data
- Contact Data
- Profile Data
To contact and communicate with you about any enquiries you make with us via the Everty Platform and any website we operate.
- Identity Data
- Contact Data
For internal record keeping, administrative, invoicing and billing purposes.
- Identity Data
- Contact Data
- Financial Data
- Transaction Data
For analytics (including profiling on the Everty Platform), market research and business development, including to operate and improve our business, associated applications and associated social media platforms.
- Profile Data
- Technical and Usage Data
For advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you.
- Identity Data
- Contact Data
- Technical and Usage Data
- Profile data
- Marketing and Communications Data
To run promotions, competitions and/or offer additional benefits to you.
- Identity Data
- Contact Data
- Profile Data
- Interaction Data
- Marketing and Communications Data
If you have applied for employment with us, to consider your employment application.
- Identity Data
- Contact Data
- Professional Data
To comply with our legal obligations or if otherwise required or authorised by law.
- Any relevant Personal Information
Our disclosures of personal information to third parties
Personal information: We may disclose personal information to:
- our employees, contractors and/or related entities;
- IT service providers, data storage, web-hosting and server providers;
- marketing or advertising providers;
- professional advisors, bankers, auditors, our insurers and insurance brokers;
- payment systems operators or processors;
- our existing or potential agents or business partners;
- sponsors or promoters of any promotions or competition we run;
- anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
- courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
- courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
- third parties to collect and process data, such as analytics providers and cookies; and
- any other third parties as required or permitted by law, such as where we receive a subpoena.
Overseas disclosure
Your personal information may be transferred outside of the country in which you are located.
Where we disclose your personal information to third parties listed above, these third parties may store, transfer or access personal information outside of Australia or New Zealand. Such countries may not have an equivalent level of data protection laws as those in Australia or New Zealand.
If you are based in Australia, we will only disclose your personal information overseas in accordance with the Australian Privacy Principles.
If you are based in New Zealand, before disclosing any personal information to an overseas recipient, we will comply with the Information Privacy Principle 12 and only disclose the information if:
- you have authorised disclosure after we expressly informed you that the overseas recipient may not be required to protect the personal information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020;
- we believe the overseas recipient is subject to the Privacy Act 2020;
- we believe the overseas recipient is subject to privacy laws that, overall, provide comparable safeguards to those in the Privacy Act 2020;
- we believe that the overseas recipient is a participant in a prescribed binding scheme;
- we believe that the overseas recipient is subject to privacy laws in a prescribed country; or
- we otherwise believe that the overseas recipient is required to protect your personal information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020 (for example pursuant to a data transfer agreement entered into between us and the overseas recipient).
Where the disclosure of your personal information is solely subject to the Privacy Laws, you acknowledge that some third parties may not be regulated by the Privacy Laws and if any such third party engages in any act or practice that contravenes the Privacy Laws, it would not be accountable under the Privacy Laws and you will not be able to seek redress under the Privacy Laws.
Your rights and controlling your personal information
Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to do business with you.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.
Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you also have the right to contact the Office of the New Zealand Privacy Commissioner or the Australian Information Commissioner.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.
Cookies
We may use cookies on the Everty Platform from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
Cookie
Category
Purpose
Currency
Functionality
This cookie stores the currency used for the online Services (the Currency which is used in the country from which you are accessing the Platform).
Language
Functionality
This cookie stores the language used for the online Services (English)
PHPSESSIONID
Analytical/ performance
This cookie contains a unique ID to support functions (for example, last viewed pages) to improve user experience
newsbcsub
Functionality
This cookie is stored once the user has completed or closed the Register Pop Up, preventing it from re-appearing until after 7 days
TLSCookiesEU
Strictly necessary
This cookie tracks when a user has accepted that the online Services use cookies preventing the popup from being displayed again during that session
_ga / _gid / _gat
Analytical/ performance
These cookies are used by our Google Analytics account to track customer traffic through the website to help us understand how our website is being used by our users
Links to other websites
The Everty Platform may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Amendments
Appendix 1: Additional rights and information for individuals located in the EU or UK
Under the GDPR individuals located in the EU and the UK have extra rights which apply to their personal information. Personal information under the GDPR is often referred to as personal data and is defined as information relating to an identified or identifiable natural person (individual). This Appendix 1 sets out the additional rights we give to individuals located in the EU and UK, as well as information on how we process the personal information of individuals located in the EU and UK. Please read the Privacy Policy above and this Appendix carefully and contact us at the details at the end of the Privacy Policy if you have any questions.
What personal information is relevant?
This Appendix applies to the personal information set out in the Privacy Policy above. This includes any Sensitive Information also listed in the Privacy Policy above which is known as ‘special categories of data’ under the GDPR.
Purposes and legal bases for processing
We collect and process personal information about you only where we have legal bases for doing so under applicable laws. We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please reach out to us if you need further details about the specific legal ground, we are relying on to process your personal information where more than one ground has been set out in the table below.
Purpose of use / disclosure
Type of Data
Legal Basis for processing
To enable you to access and use the Everty Platform and our software, including to provide you with a login.
- Identity Data
- Contact Data
- Identity Data
- Contact Data
To provide our services to you, including to deliver charging sessions to you.
- Identity Data
- Contact Data
- Performance of a contract with you
To contact and communicate with you about our business including in response to any support requests you lodge with us or other enquiries you make with us.
- Identity Data
- Contact Data
- Profile Data
- Performance of a contract with you
To contact and communicate with you about any enquiries you make with us via the Everty Platform and our website.
- Identity Data
- Contact Data
- Legitimate interests: to ensure we provide the best client experience we can offer by answering all of your questions.
For internal record keeping, administrative, invoicing and billing purposes.
- Identity Data
- Contact Data
- Financial Data
- Transaction Data
- Performance of a contract with you
- To comply with a legal obligation
- Legitimate interests: to recover debts due to us and ensure we can notify you about changes to our terms of business and any other administrative points.
For analytics including profiling on the Everty Platform, market research and business development, including to operate and improve our business, associated applications and associated social media platforms.
- Profile Data
- Technical and Usage Data
- Legitimate interests: to keep our website updated and relevant, to develop our business, improve our business and to inform our marketing strategy
For advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you.
- Identity Data
- Contact Data
- Technical and Usage Data
- Profile Data
- Marketing and Communications Data
- Legitimate interests: to develop and grow our business
To run promotions, competitions and/or offer additional benefits to you.
- Identity Data
- Contact Data
- Profile Data
- Interaction Data
- Marketing and Communications Data
- Legitimate interests: to facilitate engagement with our business and grow our business
If you have applied for employment with us, to consider your employment application.
- Identity Data
- Contact Data
- Professional Data
- Legitimate interests: to consider your employment application
To comply with our legal obligations or if otherwise required or authorised by law.
- To comply with a legal obligation
If you have consented to our use of data about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your data because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer doing business with us. Further information about your rights is available below.
Data Transfers
The countries to which we send data for the purposes listed above may be less comprehensive that is what is offered in the country in which you initially provided the information. Where we transfer your personal information outside of the country where you are based, we will perform those transfers using appropriate safeguards in accordance with the requirements of applicable data protection laws and we will protect the transferred personal information in accordance with this Privacy Policy and Appendix 1. This includes:
- only transferring your personal information to countries that have been deemed by applicable data protection laws to provide an adequate level of protection for personal information; or
- including standard contractual clauses in our agreements with third parties that are overseas.
Data retention
We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Extra rights for EU and UK individuals
You may request details of the personal information that we hold about you and how we are process it (commonly known as a “data subject request”). You may also have a right in accordance with applicable data protection law to have your personal information rectified or deleted, to restrict our processing of that information, to object to decisions being made based on automated processing where the decision will produce a legal effect or a similarly significant effect on you, to stop unauthorised transfers of your personal information to a third party and, in some circumstances, to have personal information relating to you transferred to you or another organisation.
If you are not happy with how we are processing your personal information, you have the right to make a complaint at any time to the relevant Data Protection Authority based on where you live. We would, however, appreciate the chance to deal with your concerns before you approach the Data Protection Authority, so please contact us in the first instance using the details set out above in our Privacy Policy.