Privacy Policy

Introduction

Instantemp Pty Ltd ABN 26 670 421 066 of 164 Lime Avenue, Mildura, Vic, 3500 (ITPL, we, us, our) and its related companies are committed to complying with applicable privacy laws in relation to the personal information that we collect while running our business.

We operate the Instantemp platform (the IT Platform), which is a technology solution that provides various functionality to assist businesses to manage, automate and monitor temperatures of their temperature controlled holding units. More information can be found on our website https://instantemp.com (our Website).

Please take a moment to read our Privacy Policy as it explains how we manage personal information including our obligations and your rights in respect of our dealings with your personal information. We may, in connection with particular goods or services we offer or provide to you, make other privacy disclosures to you or seek your authority to use your personal information in ways which are different from or more specific than those stated in this Privacy Policy. In the event of any inconsistency between the provisions of this Privacy Policy and those other disclosures, the other disclosures will apply.

Where applicable privacy laws provide for exceptions or exemptions, we may rely on those exceptions or exemptions in our information handling practices. This Privacy Policy (other than section 11) explains how we manage personal information about individuals other than employees. Section 11 explains the position of employees.

Key definitions

In this document:

  • "APPs" means the Australia Privacy Principles set out in the Privacy Act;
  • "IT App" means the Instantemp app for iOS and Android devices;
  • "IT Customer" means a business or other organisation that has one or more subscriptions with us to use the IT Platform;
  • "IT Platform" has the meaning given at the beginning of this Privacy Policy;
  • "IT User" means a person who access or uses the IT Platform on behalf of a IT Customer or otherwise with the authorisation of the IT Customer;
  • "personal information" has the meaning set out in the Privacy Act, and (in summary) means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or otherwise;
  • "Privacy Act" means the Privacy Act 1988 (Cth);

    • and

  • "sensitive information" has the meaning set out in the Privacy Act, and includes certain specific types of personal information such as health information, and information about a person's racial or ethnic origin, sexual orientation or practices, criminal record, religious beliefs or affiliations, political opinions, membership of a political, professional or trade association, and biometric and genetic information;

    • and

  • "Website" has the meaning given at the beginning of this Privacy Policy.

1. How we collect personal information

We collect and hold your personal information in a fair and lawful manner, and not in an intrusive way.

Some of the common ways in which we may receive personal information directly from you include:

    if you are an IT User:
    • (i)when you set up your IT User account (or your employer sets up your IT User account for you);
    • (ii)when you use the IT App to access the IT Platform;
    • (iii)when you upload content to, or interact (in an identifiable manner) with, the IT Platform using your password / PIN or otherwise while you are logged into your user account;
      • when you make an inquiry or order in relation to goods or services, including through our Website;
      • when you enter into contracts with us for our goods or services;
      • in administering and performing any contracts with service providers;
      • when you apply for a role with us;
      • from correspondence (whether in writing or electronically) or when you contact us via telephone, social media platforms or other means;
      • when you upload content to or interact (in an identifiable manner) with our Website or our social media pages;
      • while conducting customer satisfaction and market research surveys;
      • if you attend any of our premises, we may record certain contact details so that we can comply with applicable laws, and we may also record your image and/or voice if we have surveillance systems operating at those premises;
      • when administering any of our services; and
      • as otherwise required to manage our business.

Where it is reasonably practical to do so, we will collect your personal information directly from you. However, in certain cases we may collect personal information from publicly available sources and third parties such as:

    • IT Customers that you work for (for example, where your employer sets up your IT User account for you);
    • our suppliers, contractors and business partners; and
    • where you are applying for a position with us: recruitment agencies, your employers, your referees, government bodies (e.g. police checks, if required) and academic and professional bodies (e.g. to validate details and currency of qualifications).
    • If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.

2. Types of personal information we collect

The types of personal information we collect about you depends on the circumstances in which the information is collected.

Typically, the types of personal information we may collect can include (but is not limited to) your name, address, email address and phone numbers.

The IT Platform allows IT Customers to record and store various types of information and records relating to their business activities. If you interact with a business that is a IT Customer, that business may choose to record and store information about you in the IT Platform.

IT Customers are responsible for ensuring they (and their IT Users) comply with all applicable privacy law requirements (including notice and consent requirements) before recording and storing any personal information in the IT Platform.

If you are a IT User, the types of information that we commonly collect about you may include:

  • your user account information (including your name, email address and position);
  • information about your work activities that the IT Platform is used to manage and track (for example, data about your performance of responding to alerts and notifications sent to you through the IT Platform);
  • usage data about how you have used the IT Platform;
  • details of your device details and operating systems; and
  • if you have provided us with permission to access your device location when using the IT App, we may collect information about your geographical location.

If we enter into contracts with you, or if you request or receive goods or services from us or have any other commercial dealings with us, we may also collect your signature, date of birth and your billing and payment information.

If you are an individual contractor to us or apply for a role with us, we may collect information relevant to your engagement with us including qualifications, length of engagement, resume, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of our equipment (e.g. phones, computers and vehicles).

If you attend premises that we operate or manage, we may:

  • collect certain contact details that you provide to us (which may be via digital check-in apps), including the date and time of attendance, including so that we can comply with applicable laws (such as public health directives). If we collect such information to comply with a particular law, we will only use and disclose it in accordance with applicable laws; and
  • record your image and/or voice through the use of Closed-Circuit Television (CCTV) systems footage of you via our CCTV devices, for the purposes of managing security of the premises and health and safety of occupants and the public generally.

If you call us via telephone, we may monitor and in some cases record such telephone conversations for staff training, quality assurance and record-keeping purposes.

If you access our Website, we may use cookies to collect additional information about your use of our Website. Please see the Cookies section below (paragraph 7) for further details of the types of information collected and how you can control what information is collected. If you are on our Website and you have provided us with permission to access your device location, we may collect information about your geographical location.

If we communicate with you by email, we may use technology to identify you so that we receive feedback on how you have engaged with our email. This may include collecting data on matters such as which emails you open, which links you click, which e-mail client you use, the type of device that you used to open the e-mail (mobile device or desktop computer) and the country geolocation of your IP address.

We only collect sensitive information about you with your consent, or otherwise in accordance with the Privacy Act. The main types of sensitive information we may collect include:

  • details of injuries (i.e. health information) that may occur on our premises or arising through the use of our goods or services;
  • details of disabilities or allergies (i.e. health information) you notify us of so we can accommodate any specific requirements;
  • details of your membership of professional associations and affiliations with relevant industry bodies or organisations, where this is relevant to our business dealings or employment relationship with you; and
  • information about you that IT Users choose to record using the IT Platform. This may include, for example, details of injuries or illnesses suffered as a result of workplace health and safety incidents or food safety incidents.

If you do provide sensitive information to us for any reason (for example, if you provide us with information about a disability you have), you consent to us collecting that information and to us using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws. If the sensitive information you provide relates to another person, we rely on you to ensure that you have that person's consent for you to provide us with that information. In addition to the types of personal information identified above, we may collect personal information as otherwise permitted or required by law.

Where you do not wish to provide us with your personal information, we may not be able to provide you with requested goods or services and/or certain functionality of the IT Platform or our Website.

3. Our purposes for handling your personal information

The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it. Whenever practical we endeavour to inform you why we are collecting your personal information, how we intend to use that information and to whom we intend to disclose it at the time we collect your personal information.

We may use or disclose your personal information:

  • for the purposes for which we collected it (and related purposes which would be reasonably expected by you);
  • for other purposes to which you have consented; and
  • as otherwise authorised or required by law.
  • In general, we collect, use and disclose your personal information so that we can do business together and for purposes connected with our business operations.
  • Some of the specific purposes for which we collect, hold, use and disclose personal information are as follows:
  • to provide you with our goods and services, including the IT Platform;
  • to receive goods or services from you;
  • to verify your identity;
  • to consider you for a job (whether as an employee or contractor) or other business relationships with us;
  • to provide you with tax invoices for our goods and services;
  • to operate, monitor, develop and improve our Website, the IT Platform and our goods and services;
  • to optimise and customise the user experience (including content and advertising) for users of our Website, the IT Platform and our services;
  • to facilitate communications via our Website, the IT Platform and our social media platforms;
  • to protect the security and integrity of the IT Platform, the Website and our services;
  • to facilitate your entry and participation in a competition or trade promotion;
  • to contact you (directly or through our service providers and marketing research agencies) to obtain your feedback and to find out your level of satisfaction with our goods and services;
  • to comply with our legal and regulatory obligations;
  • to protect the security, health and safety of our premises, facilities, personnel and visitors;
  • to address any issues or complaints that we or you have regarding our relationship; and
  • to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.

4. Who we disclose your personal information to

We may disclose your personal information to third parties in connection with the purposes described in section 3 of this Privacy Policy. This may include disclosing your personal information to the following types of third parties:

  • other IT Users who are authorised to view your information through the IT Platform (for example, the IT Platform allows supervisors to track the completion of tasks by their workers);
  • our suppliers, contractors and organisations that provide us with technical and support services or who manage some of our business functions;
  • our related entities (who may use and disclose the information in the same manner we can);
  • our accountants, insurers, lawyers, auditors and other professional advisers;
  • any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees); and
  • in the unlikely event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors.

We may also disclose your personal information in accordance with any consent you give or where disclosure is authorised, compelled or permitted by law.

If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.

If we have public sections on our Website or the IT Platform and you post information to those public sections, you acknowledge that such information may be available to be viewed by other users of our Website or the IT Platform (as applicable). You should use discretion in deciding what information you choose to post to any public areas on our Website or the IT Platform.

5. Social media platforms

We use social media platforms such as Facebook, Instagram and LinkedIn to communicate with the public about our services and businesses. We may collect the information that you choose to share with us through these platforms, including photos, videos and comments and posts.

These social media platforms have their own privacy policies, and may handle your information for their own purposes. You can access the privacy policies for Facebook, Instagram and LinkedIn on their websites.

If you choose to use these social media platforms to communicate with us or with other parents and guardians, please be mindful that certain pages within these platforms may be publicly available. We encourage you to use the privacy settings available on each platform. If you would like to contact us directly, you can do so using the contact details in section 13.

6. Overseas disclosures of personal information

Some of the third parties to whom we disclose personal information may be located outside Australia. The countries in which such third party recipients are located depend on the circumstances. In the ordinary course of business we commonly disclose personal information to recipients located in the United States, United Kingdom, China and India.

These overseas recipients may provide us with services such as billing, payment, IT and other administrative services (including offshore data hosting and processing, data analytics, help desk and data-entry).

Please note that the use of overseas service providers to store personal information will not always involve a disclosure of personal information to that overseas provider.

By providing your personal information to us, you consent to us disclosing your personal information to any such overseas recipients for purposes necessary or useful in the course of operating our business, and agree that APP 8.1 will not apply to such disclosures. For the avoidance of doubt, in the event that an overseas recipient breaches the Australian Privacy Principles, that entity will not be bound by, and you will not be able to seek redress under, the Privacy Act.

Whenever we transfer your personal information outside of Australia, we will do so in accordance with the requirements of applicable privacy and data protection laws. We may disclose your personal information to overseas recipient without your consent where permitted by the Privacy Act (and, in such circumstances, we will comply with the applicable requirements of the Privacy Act in doing so).

7. Storage and protection of personal information

We will hold personal information as either secure physical records, electronically on our network, in cloud storage, and in some cases, on third party servers which may be located overseas.

We use a range of security measures to protect the personal information we hold, including by implementing IT security tools to protect our electronic databases.

We will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law. We may need to retain records containing personal information to comply with record keeping obligations, and for other legitimate business purposes (such as quality assurance).

8. Marketing and advertising

Like most businesses, marketing is important to our continued success. We therefore like to stay in touch with customers and let them know about new offers and opportunities. We may provide you with information about products, services and promotions either from us, or from third parties which may be of interest to you, where:

  • you have consented to us doing so; or
  • it is otherwise permitted by law.

We conduct direct marketing through various channels, including over the phone and by e-mail, SMS and post.

If you would like us to stop sending you direct marketing communications, you can request this by contacting our Privacy Officer (see contact details in section 12 of this Privacy Policy).

Please note that there are certain types of communications that you may not be able to opt-out from, such as communications that we are required or permitted by law to send you.

Like many organisations, we use e-mail analytics to track and measure the success of our e-mail newsletters and other e-mail campaigns.

We use various technologies (such as tracking pixels) to collect information such as: which of our emails you have opened, which links you have clicked, which email client you are using, whether you opened our e-mail on a computer or mobile device, and the geolocation of your IP address. We use this data to analyse and improve the performance of our e-mail campaigns.

We may also collect use information about you for the purposes of online targeted advertising services that help our ads to reach you (and other people who may be interested in our products and services) on websites, apps and social media platforms across the Internet. These online targeted advertising services are operated by third party vendors.

Some of these services work by using non-identifying data about your behaviour and demographics that has been collected through cookies and other tracking technologies (such as pixels and device identifiers) when you use the Internet, including when you move between different websites and apps and use different devices. For example, third-party vendors may use cookies and/or device identifiers to serve ads based on your past visits to our websites. Your browser or device may provide you with the option to disable or opt-out of some of these cookies and other tracking technologies (such as device identifiers).

Other services require us to use limited amounts of your personal information. For example, we may include your information in a customer list that we provide to selected online advertising service providers so that we can conduct audience-based advertising. This allows us to show our ads to you (if you also use those platforms) and to other users of those platforms who share similar characteristics with you. The customer list is usually hashed (to improve security and confidentiality) before it's processed by the service provider to target and serve our ads.
The data that is collected through these cookies and other tracking technologies, or provided by us, may be combined with other data (supplied by our advertising service provider, or third parties) to improve the targeting and serving of ads.
Our online advertising service providers also help us by measuring the effectiveness of our ad campaigns (e.g. conversion tracking) and providing us with analytics data that we use to inform and optimise our ad campaigns. These analytics are based on data that may be collected through cookies and other tracking technologies. The analytics data we receive is generally aggregated and non-identifying.
When we use any advertising service that requires us to use or disclose your personal information, we will only do so if we are permitted to do so by applicable privacy laws. You can notify us at any time if you would like us to stop using your personal information for these targeted advertising purposes. Our contact details are set out in section 13 of this Privacy Policy

You can also:

  • · Opt-out of certain online targeted advertising networks directly by visiting: o the Digital Advertising Alliance's opt-out portal at: http://optout.aboutads.info/; and
  • o the Network Advertising Initiative's opt-out page: http://www.networkadvertising.org/managing/opt_out.asp
  • · view the relevant social media platform's website to learn more about how they collect and use your information and adjust your preferences regarding the types of advertising you are shown.

9. Cookies

A cookie is a small text file stored in your computer's memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors are experiencing our Website. This information will help to better adapt our Website to suit personal requirements. While cookies allow a computer to be identified, they do not permit any reference to a specific individual. For information on cookie settings of your internet browser, please refer to your browser's manual.
We may use third party vendors to show our ads on sites on the Internet and serve these ads based on a user's prior visits to our Website and other internet activity. We may also use analytics data supplied by these vendors to inform and optimise our ad campaigns based on your prior visits to our Website.

10. Accessing and correcting your personal information

10. Accessing and correcting your personalinformationYou may contact our Privacy Officer (see section 13) to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. On the rare occasions when we refuse access (which we will only do in accordance with applicable laws), we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to the personal information we hold about you.
We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.
We will respond to all requests for access to or correction of personal information within a reasonable time.

11. Employees

We collect information in relation to employees as part of their job application and during the course of their employment, either from the employee directly or, in some cases, from third parties such as recruitment agencies, referees, government bodies (e.g. police checks, if required) and academic and professional bodies (e.g. to validate details and currency of qualifications).

The information we collect may include contact details, qualifications, resume, current and former employment details, pay rate and salary, bank details, feedback from supervisors and training records.

We may also collect details of disabilities, allergies and health issues that may impact the employee's role, or which arise while on our premises or in the performance of the employee's duties, so we can accommodate

and otherwise assist the employee with any such health requirements or incidents, and the results of drug and alcohol testing we may conduct in accordance with applicable laws for health and safety purposes.

We may collect camera/video footage of employees while on our premises (via CCTV) and logs of the employee's usage of our equipment (e.g. phones, computers and vehicles) on a continuous and ongoing basis using various technologies, including monitoring email, internet and network use.

We may also collect and use biometric information and templates (such as fingerprints) in order to:

  • provide secure access to our premises / equipment; and / or
  • utilise time sheet or attendance monitoring technologies.
  • Under the Privacy Act, personal information about a current or former employee may be held, used or disclosed in any way that is directly connected to the employment relationship. We handle employee information in accordance with legal requirements and our applicable policies in force from time to time.

12. Resolving personal information concerns

If you have any questions, concerns or complaints about this Privacy Policy or how we handle your personal information, including if you believe we have breached the APPs, please contact our Privacy Officer (see section 13).

When contacting us please provide as much detail as possible in relation to your question, concern or complaint.

We take all complaints seriously, and will respond to your complaint in accordance with any applicable timeframes imposed by law and otherwise within a reasonable period. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner:
GPO Box 5218, Sydney NSW 2001

Telephone: 1300 363 992

Email: enquiries@oaic.gov.au

13. Contact details of Privacy Officer

The contact details for our Privacy Officer are as follows:

Postal address: PO Box 5009, Mildura, Victoria, 3502, Australia

Email: info@instantemp.com

14. Links

Our Website may contain links to other websites operated by third parties. We make no representations or warranties in relation to privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices and procedures.

15. Changes

We reserve the right to change the terms of this Privacy Policy from time to time, without notice to you. An up-to-date copy of our Privacy Policy is available on our Website.