This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, when providing our website, services, software and products (Services) or when otherwise interacting with you. In this Privacy Policy we, us or our means Capsicum Holdings Pty Ltd t/as Capsifi ABN 48 169 407 069 and all group companies of Capsicum Holdings Pty Ltd including Capsicum Business Architects Pty Ltd ABN 18 164 655 485 and Capsifi USA Inc. This Privacy Policy takes into account the requirements of the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

In addition, please note the following:

  • For individuals in the USA: In addition to the Australian laws, individuals located in the United States of America or any of its territories (USA), may also have additional rights. Addendum 1 outlines the details of the additional rights of individuals located in the USA as well as information on how we process the personal information of individuals located in the USA.
  • For individuals in the UK and EU: In addition to the Australian laws, individuals located in the United Kingdom (UK) or European Union (EU), may also have additional rights. Addendum 2 outlines the details of the additional rights of individuals located in the UK and EU as well as information on how we process the personal information of individuals located in the UK and EU.

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:

  • As a user of our software
    • your username and password; and
    • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour.
  • As a business contact of a customer of ours
    • your name;
    • your contact details, including your work email address and/or telephone number;
    • your credit card or other payment details (through our third-party payment processor); and
    • the organisation your work for.
  • When you visit our website
    • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
    • your name;
    • your contact details, including email address, street address and/or telephone number;
    • your employer and job title if you sign up for a test drive or trial account;
    • your preferences and/or opinions;
    • information you provide to us through, including through feedback, customer surveys or otherwise;
    • details of products and services we have provided to you and/or that you have enquired about, and our response to you;
    • support requests submitted to us and our response to you;
    • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
    • information about your access and use of our Services, including through the use of Internet cookies, your communications with our online Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
    • additional personal information that you provide to us, directly or indirectly, through your use of our Services, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
    • any other personal information requested by us and/or provided by you or a third party.

Sensitive information: is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

We do not actively request sensitive information about you. If at any time we need to collect sensitive information about you, unless otherwise permitted by law, we will first obtain your consent and we will only use it as required or authorised by law.

How we collect personal information

We collect personal information in a variety of ways, including:

  • Directly: We collect personal information which you directly provide to us, including when you enter into a contract with us for the provision of Services, when you download content from us, through the ‘contact us’ form on our website, when you register for a trial or test drive or when you request our assistance via email, our online chat or over the telephone.
  • Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website, in emails, over the telephone and in your online enquiries.
  • From third parties: We collect personal information from third parties, such as from your employer where they setup a login for you and details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.

Why we collect, hold, use and disclose personal information

Personal information: We may collect, hold, use and disclose personal information for the following purposes:

  • As a user of our software
    • to enable you to access and use our software, including providing you with a login;
    • to contact and communicate with you about our Services, including in response to any support requests you lodge with us or other enquiries you make with us;
    • for internal recordkeeping, administrative, invoicing and billing purposes;
    • for analytics, market research and business development, including to operate and improve our Services and associated applications;
    • to comply with our legal obligations and resolve any disputes that we may have; and/or
    • if otherwise required or authorised by law.
  • As a business contact for a customer of ours
    • to contact and communicate with you about our Services;
    • for internal recordkeeping, administrative, invoicing and billing purposes;
    • for analytics, market research and business development, including to operate and improve our Services and associated applications;
    • for advertising and marketing, including to send you promotional information about our products and services and other information that we consider may be of interest to you;
    • to comply with our legal obligations and resolve any disputes that we may have; and/or
    • if otherwise required or authorised by law.
  • When you visit our website
    • to provide our website to you;
    • to contact and communicate with you about any enquiries you make with us via our website;
    • to allow you to download the content;
    • if you provide us with your email address, for advertising and marketing, including to send you promotional information about our products and services and other information that we consider may be of interest to you;
    • to comply with our legal obligations and resolve any disputes that we may have; and/or
    • if otherwise required or authorised by law.

Our disclosures of personal information to third parties

We may disclose personal information to:

  • third party service providers for the purpose of enabling them to provide their services, to us, including (without limitation) IT service providers such as Xero, Quickbooks, Hubspot, Saas Optics, Fathom and Dropbox, data storage, web-hosting and server providers, email marketing providers such as Mailchimp, debt collectors, couriers, maintenance or problem-solving providers, marketing or advertising providers including Ballantine Digital, professional advisors and payment systems operators;
  • our employees, contractors and/or related entities (this includes sharing personal information between companies within our group for use and disclosure as described in this Privacy Policy in relation to any Services they may provide to you);
  • 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; and
  • third parties to collect and process data, such as Google Analytics (To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time), Facebook Pixel or other relevant analytics businesses; and
  • any other third parties as required or permitted by law, such as where we receive a subpoena.

Overseas disclosure

We may store personal information in Australia or overseas, including in the United States of America. Where we disclose your personal information to the third parties listed above, these third parties may also store, transfer or access personal information outside of Australia, including but not limited to, the United States of America and the United Kingdom.

Unless we seek and receive your consent to an overseas disclosure of your personal information, we will only disclose your personal information to countries with laws which protect your personal information in a way which is substantially similar to the Australian Privacy Principles and/or we will take such steps as are reasonable in the circumstances to require that overseas recipients protect your personal information in accordance with the Australian Privacy Principles.

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 provide our Services to you and your use of our Services.

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.

Anonymity: Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with 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 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 our website 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, 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 type and purpose Product affected Consequence of not opting-in
Strictly Necessary Cookies

These cookies are needed for our Products to function to provide the features you have requested. They are usually set in response to actions made by you.  For example, this could be remembering your name when logging in.

Website and Software It is not possible to switch these off but you can set your browser to block them.

This may result in some parts of the Product not working.

Performance Cookies

These cookies allow us to collect information on how users interact with our Products. These include Google Analytics cookies.

We can see what pages on our website are popular.

Website and Software If these cookies are switched off we will not be able to identify areas where performance is an issue and where we could improve our Products.
Targeting Cookies

These cookies collect information about your browsing habits in order to make advertising relevant to you. They remember the websites you have visited, and that information is shared with other parties such as advertisers.

Website If you do not allow these cookies, you will experience less targeted advertising
Social Media Cookies

These cookies are used when you link your account or engage with our content on or through a social media site.

The social network will record that you have done this.

Website If you do not allow these cookies we will not link your activity on our website to your social network.

We cannot control how your social network records your activity

Links to other websites

Our website 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

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact us at:

Capsicum Holdings Pty Ltd t/as Capsifi ABN 48 169 407 069

Email: info@capsifi.com

Last update: 17 March 2022

© LegalVision ILP Pty Ltd

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