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Fivecast is part of Fivecast Holding Company Pty Ltd which includes Fivecast Pty Ltd, Fivecast Inc. and Fivecast UK Limited. This privacy policy is issued on behalf of the Fivecast Group so when we mention “Fivecast”, “we”, “us” or “our” in this privacy policy, we are referring to the relevant company in the Fivecast Group responsible for processing your data.

Fivecast Holding Company Proprietary Limited (incorporated and registered in Australia) is the controller and responsible for your personal data.

Fivecast is committed to protecting your personal data. This privacy policy will explain how our organization uses the personal data we collect from you when you use our website and tell you about your privacy rights and how the law protects you.

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Topics:

  • What data do we collect?
  • How do we collect your data?
  • How will we use your data?
  • Marketing
  • Disclosures of your personal data
  • International Transfers
  • How do we store your data?
  • What are your data protection rights?
  • Cookies?
  • How do we use cookies?
  • What types of cookies do we use?
  • How to manage your cookies
  • Privacy policies of other websites
  • Changes to our privacy policy
  • How to contact us
  • How to contact the appropriate authorities

What data do we collect?

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

Fivecast may collect, use, store and transfer the following kinds of personal data:

  • Identity Data which may include name, username or similar identifier, organisation details, job title.
  • Contact Data which may include your location, billing address, delivery address, email address and telephone numbers.
  • Financial and Transaction Data including bank details or payment card details, details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
  • Usage Data includes information about how you use our website, products and services.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data).

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

How do we collect your data?

We use different methods to collect data from and about you however, you directly provide Fivecast with most of the data we collect. We collect data and process data when you:

  • Register online or place an order for any of our products or services.
  • Voluntarily complete a customer survey or provide feedback via email.
  • Use or view our website via your browser’s cookies.
  • Complete a form on our website or subscribes to our mailing list.

Fivecast may also receive your data indirectly from the following sources:

  • Registration lists from industry conferences and events
  • Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
    • Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK.

How will we use your data?

We will only use your personal data when the law allows us to. Most commonly, Fivecast collects your data:

  • Where we need to perform the contract, we are about to enter into or have entered into with you, in particular please see below a description of the way we intend to use your data for the performance of the contract:
    • Process your order, manage your account.
    • Deliver services and products to you.
    • Manage payments, fees and charges.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, in particular please see below a description of the way we intend to use your data for the performance of the contract:
    • Communicate with and gain feedback about our products and services.
    • Email you with information about other products and services we think you might like.
    • Notify you about changes to our terms or our privacy policy.
    • To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data), which is necessary for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise.
    • To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you, which is necessary to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy.
    • To use data analytics to improve our website, products/services, marketing, customer relationships and experiences, which is necessary to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy.
    • To make suggestions and recommendations to you about goods or services that may be of interest to you, which may be necessary to develop our products/services and grow our business.
  • Where we need to comply with a legal obligation.
    • Notify you about changes to our terms or our privacy policy.
    • To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your Identity, Contact, Technical and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

When Fivecast processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.

You can ask us or third parties to stop sending you marketing messages at any time by checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out or unsubscribe links on any marketing message sent to you, or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your Personal Data

We may share your personal data with the parties set out below for the purposes set out in the ‘How we use your Data’ section above.

  • Internal Third Parties: Other companies in the Fivecast Group acting as joint controllers or processors and who are based in United Kingdom, Australia and United States of America and provide IT, financial, HR and system administration services and undertake leadership reporting.
  • External Third Parties:
    • Service providers acting as processors based in Australia who provide IT, web designers, and system administration services.
    • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in United Kingdom, Australia and United States of America who provide consultancy, banking, legal, insurance and accounting services.
    • Australian Tax Office, Internal Revenue Service, HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International Transfers

We share your personal data within the Fivecast Group. This (as detailed above) will involve transferring your data outside the UK and the EEA.

Some of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
  • Where there is no deemed adequacy level, we will use specific contracts approved for use in the UK and/or the EU which give personal data the same protection it has in the UK and/or the EU.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK and/or the EEA.

How do we store your data?

Fivecast securely stores your data. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Fivecast securely stores your data in access-controlled premises, and electronic information on secure servers. We require all persons authorised to access electronic information to use logins and passwords to access such information.

We require all our contractors and others to whom we disclose personal information or whom may have access to personal information we collect, to keep such personal information private and to protect such personal information from misuse and loss and from unauthorised access, modification or disclosure.

We will only retain your personal data 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 data 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 data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data, please see your legal rights below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

What are your data protection rights?

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Fivecast would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request Fivecast provides copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that Fivecast correct any information you believe is inaccurate. You also have the right to request Fivecast to complete information you believe is incomplete.

The right to erasure – You have the right to request that Fivecast erase your personal data, under certain conditions. Please note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

The right to restrict processing – You have the right to request that Fivecast restrict the processing of your personal data, in the following scenarios:

  • If you want us to establish the data’s accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

The right to object to processing – You have the right to object to Fivecast’s processing of your personal data, under certain conditions. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

The right to data portability – You have the right to request that Fivecast transfer the data that we have collected to another organization, or directly to you, in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

The right to withdraw your consent – where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you make a request, we have one month to respond to you. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. If you would like to exercise any of these rights, please contact us at our email:

Call us at: +61 (8) 7120 8006

Or email us: info@fivecast.com

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookies policy.

Changes to our privacy policy

Fivecast keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on 30 September, 2022.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

How to contact us

If you have any questions about Fivecast’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.

Email us at: info@fivecast.com

Call us: +61 (8) 7120 8006

You have the right to make a complaint at any time to the appropriate authority (as listed below). We would, however, appreciate the chance to deal with your concerns before you approach the appropriate authority so please contact us in the first instance.

How to contact the appropriate authority

Should you need to report a complaint to any data protection authority (or if you feel that Fivecast has not addressed your concern in a satisfactory manner) you will find the details of the relevant authority using the links below:

  • Australia: Office of the Australian Information Commissioner (OAIC). For information about how to make such a complaint, please refer to the OAIC website: http://www.oaic.gov.au.
  • Europe: to identify the relevant data protection authority in an EU member state, please refer to the EU Commission website: https://edpb.europa.eu/about-edpb/about-edpb/members_en
  • United Kingdom: Information Commissioner’s Office (ICO), the UK regulator for data protection issues: www.ico.org.uk