Cloutly Co Pty Ltd ACN 637 155 045 (Cloutly) is committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth), the General Data Protection Regulation (EU) and in accordance with other applicable privacy laws.
1. About Cloutly
Cloutly is an Australian based company which runs a reputation management business aimed at helping its clients achieve more online reviews from their customers (the Services).
2. What information does Cloutly collect about you?
(a) Clients and prospective clients
When you enquire about our services or when you become a client of Cloutly, a record is made which includes your personal information.
The type of personal information that we collect will vary depending on the circumstances of collection and the kind of service that you request from us, but will typically include:
(i) your name, e-mail, postal address and other contact details;
(ii) information about your employer or the organisation who you represent;
(iii) your professional details;
(iv) your financial information (e.g. credit card, bank account details, PayPal email address); and
(v) any additional personal information you provide to us, or authorise us to collect, as part of your interaction with Cloutly.
(b) Prospective employees or contractors
We collect personal information when recruiting personnel, such as your name, contact details, qualifications and work history. Generally, we will collect this information directly from you.
We may also collect personal information from third parties in ways which you would expect (for example, from recruitment agencies or referees you have nominated). Before offering you a position, we may collect additional details such as your tax file number and superannuation information and other information necessary to conduct background checks to determine your suitability for certain positions (for example, positions which involve working with children).
(c) Other individuals
Cloutly may collect personal information about other individuals who are not clients of Cloutly. This includes customers and members of the public who participate in events we are involved with, individual service providers and contractors to Cloutly, and other individuals who interact with Cloutly on a commercial basis. The kinds of personal information we collect will depend on the capacity in which you are dealing with Cloutly. Generally, it would include your name, contact details, and information regarding our interactions and transactions with you.
If you are participating in an event we are managing or delivering, we may take images or audio-visual recordings which identify you.
In limited circumstances, Cloutly may collect information which is considered sensitive information. For example, if you are injured at an event promoted or delivered by Cloutly we may collect health information about you in an emergency or otherwise with your consent.
We may collect personal information about children (for example, when children participate in events we are involved with). Where children do not have sufficient maturity and understanding to make decisions about their personal information, we will require their parents or guardians to make decisions on their behalf.
You can always decline to give Cloutly any personal information we request, but that may mean we cannot provide you with some or all of the services you have requested. If you have any concerns about personal information we have requested, please let us know.
(d) Visitors to our websites
The way in which we handle the personal information of visitors to our websites is discussed below.
3. How and why does Cloutly collect and use your personal information?
Cloutly collects personal information reasonably necessary to carry out our business, to assess and manage our clients' needs, and provide the Services. We may also collect information to fulfil administrative functions associated with these services, for example billing, entering into contracts with you or third parties and managing client relationships.
The purposes for which Cloutly usually collects and uses personal information depends on the nature of your interaction with us, but may include:
(i) for the purposes of providing the Services;
(ii) responding to requests for information and other general inquiries;
(iii) managing, planning, advertising and administering programs, events, competitions and performances;
(iv) researching, developing and expanding our facilities and services;
(v) market research purposes and to innovate our delivery of products and services
(vi) informing you of our activities, events, facilities and services;
(vii) recruitment processes (including for volunteers, internships and work experience); and
(viii) responding to enquires and complaints.
Cloutly generally collects personal information directly from you. We may collect and update your personal information over the phone, by email, over the internet or social media, or in person. We may also collect personal information about you from other sources, for example:
(i) our affiliated and related companies; and
(ii) third party suppliers and contractors who assist us to operate our business.
Cloutly may also collect and use your data for marketing purposes, including running advertisements on social media and sending you tailored email content. However, it will only do so with your consent.
4. How does Cloutly interact with you via the internet?
You can use the settings in your browser to control how your browser deals with cookies. However, in doing so, you may be unable to access certain pages or content on our website.
Cloutly's websites may contain links to third-party websites. Cloutly is not responsible for the content or privacy practices of websites that are linked to our website.
5. Can you deal with Cloutly anonymously?
Cloutly will provide individuals with the opportunity of remaining anonymous or using a pseudonym in their dealings with us where it is lawful and practicable (for example, when making a general enquiry). Generally, it is not practicable for Cloutly to deal with individuals anonymously or pseudonymously on an ongoing basis. If we do not collect personal information about you, you may be unable to utilise our services or participate in our events, programs or activities we manage or deliver.
6. How does Cloutly hold information?
Cloutly stores information in paper-based files or other electronic record keeping methods in secure databases (including trusted third party storage providers based in Australia and overseas). Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We take reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.
Cloutly maintains physical security over paper and electronic data stores, such as through locks and security systems at our premises. We also maintain computer and network security, for example, we use firewalls (security measures for the internet) and other security systems such as user identifiers and passwords to control access to our computer systems.
Our websites do not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet. Users of our websites are encouraged to exercise care in sending personal information via the internet.
We take steps to destroy or de-identify information that we no longer require.
7. Does Cloutly use or disclose your personal information for direct marketing?
Cloutly may use or disclose your personal information for the purpose of informing you about our services, upcoming promotions and events, or other opportunities that may interest you. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details at the end of this policy.
If you opt-out of receiving marketing material from us, Cloutly may still contact you in relation to its ongoing relationship with you.
8. How does Cloutly use and disclose personal information?
(a) For clients
The purposes for which we may use and disclose your personal information will depend on the services we are providing you. For example, if you have engaged us to deliver a service, we may disclose information about you to service providers where this is relevant to our services.
(b) For customers and participants
If you are a customer or participant in an event, we may disclose your personal information to our clients and venues where this is reasonably necessary for, and relevant to, the delivery of the event. We may use images or audio-visual recordings which identify you for promotional purposes where you would reasonably expect this to occur.
(c) Disclosure to contractors and other service providers
Cloutly may disclose information to third parties we engage in order to provide our services, including contractors and service providers used for data processing, data analysis, customer satisfaction surveys, information technology services and support, website maintenance/development, printing, archiving, mail-outs, and market research.
Personal information may also be shared between related and affiliated companies of Cloutly, located in Australia and overseas.
Third parties to whom we have disclosed your personal information may contact you directly to let you know they have collected your personal information and to give you information about their privacy policies
(d) Use and disclosure for administration and management
Cloutly will also use and disclose personal information for a range of administrative, management and operational purposes. This includes:
(i) administering billing and payments and debt recovery;
(ii) planning, managing, monitoring and evaluating our services;
(iii) quality improvement activities;
(iv) statistical analysis and reporting;
(v) training staff, contractors and other workers;
(vi) risk management and management of legal liabilities and claims (for example, liaising with insurers and legal representatives);
(vii) responding to enquiries and complaints regarding our services;
(viii) obtaining advice from consultants and other professional advisers; and
(ix) responding to subpoenas and other legal orders and obligations.
(e) Other uses and disclosures
9. Does Cloutly disclose your personal information overseas?
Cloutly works with clients, service providers, sponsors and commercial interests across the globe. It is likely that your personal information will be disclosed to overseas recipients.
Unless we have your consent, or an exception under the Australian Privacy Principles or General Data Protection Regulation (EU) applies, we will only disclose your personal information to overseas recipients where we have taken reasonable steps to ensure that the overseas recipient does not breach the relevant laws in relation to your personal information.
10. How can you access or seek correction of your personal information?
You are entitled to access your personal information held by Cloutly on request. To request access to your personal information please contact our privacy officer using the contact details set out below.
You will not be charged for making a request to access your personal information but you may be charged for the reasonable time and expense incurred in compiling information in response to your request.
We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change.
However, if you consider any personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information.
We may decline your request to access or correct your personal information in certain circumstances in accordance with the Australian Privacy Principles. If we do refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.
11. What should you do if you have a complaint about the handling of your personal information?
You may make a complaint about privacy to the privacy officer at the contact details set out below.
The privacy officer will first consider your complaint to determine hether there are simple or immediate steps which can be taken to resolve the complaint. We will generally respond to your complaint within a week.
If your complaint requires more detailed consideration or investigation, we will acknowledge receipt of your complaint within a week and endeavour to complete our investigation into your complaint promptly. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.
In most cases, we will investigate and respond to a complaint within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.
If you are not satisfied with our response to your complaint, or you consider that Cloutly may have breached the Australian Privacy Principles or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner. The Office of the Australian Information Commissioner can be contacted by telephone on 1300 363 992 or by using the contact details on the website www.oaic.gov.au.
In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. The fact that you may be located in Europe does not, however, on its own entitle you to protection under the GDPR.
Where the GDPR does apply, there may be additional rights and remedies available to you under the GDPR, some of which are laid out in the following sections.
(a) Who is the Data Controller?
The Data Controller is Cloutly. You can find our full contact details in section 14.
(b) Purpose and legal basis for processing
Your data is processed on the basis that either it is necessary for the purposes of a contract with you, or on the basis that you have provided your consent.
Please refer to section 3 for information regarding the purposes for which we collect your data.
(c) Who will receive your data?
Please refer to sections 8 and 9 for information regarding who your data will be disclosed to.
Cloutly is based in Australia. There is no adequacy decision in place with respect to Australia.
(d) How long will we keep your data?
Your data will be stored until one year (365 days) after cancellation of the Services, if you have not re-engaged Cloutly to provide the Services in that time.
(e) Your rights
In addition to any other rights you may have at law, you have the following rights under the General Data Protection Regulation (EU):
- The right to request access to your data;
- The right to request rectification of any errors or omissions in your data;
- The right to request that your data be erased;
- The right to request that our processing of your data be restricted in certain ways;
- The right to request a copy of your data in a portable format;-The right to withdraw any consent that you have given for us to process your data;
- The right to lodge a complaint with a supervisory authority.
Should you wish to exercise any of these rights in relation to your personal data, please contact us using the details in section 14 of this policy.
(f) How can you make a complaint?
If you believe that we may have breached the General Data Protection Regulation (EU) in any way, or if you have any other objection to our handling of your data, you may make a complaint to the relevant data protection authority in your country.
(g) Are you required to provide your personal data to us
The provision of some of your personal data to Cloutly may be required for the purposes of our contract with you. Failure to provide us with the required data may:
- be a breach of your contract with us;
- make it impossible for us to provide you with our services; and/or
- delay and impede our ability to provide you with our services
Unless notified otherwise, the provision of your personal data to Cloutly is not a statutory requirement.
14. How can you contact Cloutly?
The contact details for Cloutly are:
Name: Privacy Officer (Cloutly)
Address: 2/194 Varsity Parade, Varsity Lakes QLD 4227, Australia
Email: [email protected]
Phone: +61 1800 571 975