Introduction

1. Navigare Pty Ltd (Navigare) is committed to respecting your privacy. This Privacy Policy explains how we deal with your personal information that we collect or process in accordance with the Australian Privacy Act 1988 (Cth) and, for individuals in the European Union, the European Union General Data Protection Regulation 2016/679 (the GDPR).
2. We will process your personal information differently depending on your relationship with us, including whether you fall into any of the following categories:
   1. Customers of Navigare with whom we have a trading relationship (Customers). Navigare will use, disclose and process the personal information of Customers for this trading relationship and in accordance with this Privacy Policy.
   2. Participants in Navigare surveys, who will generally be employees or independent contractors of Customers (Participants).
   3. Individuals who may have had their personal information uploaded to the Navigare or third-party platforms by a Participant.
   4. Visitors to the Navigare website or related websites.

3. We will update this Privacy Policy from time to time where we change how we deal with personal information. We will post any changes to the Privacy Policy on our website, and will endeavor to notify you when this occurs. We encourage you to check this Privacy Policy from time to time.
4. In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy and consent provisions that apply to certain collection channels. Because those specific and additional provisions also relate to your privacy protection, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.

Definition of personal information

5. Throughout this Privacy Policy, we use the term ‘personal information’ to refer to information relating to an identified or identifiable natural person. For example, your name, gender, date of birth, home address, home telephone number, mobile telephone number, email address,  workplace contact details or opinions about you are examples of information which may constitute personal information. Personal information may also include information we may collect about your individual preferences.

Problems, Complaints or Queries

6. If you have any questions about our Privacy Policy, or any problems or complaints about how we have collected, used, stored, handled, disclosed and/or processed your personal information, please contact our privacy officer via one of the following channels:Attn: Jeff Estok
   Address: 50 Yeo Street, Neutral Bay, NSW 2089
   Email: jeff.estok@navigare.com.au

   Or, for individuals in the European Union, please contact our European Union Representative at:

   Attn: Jeff Estok
   Address: 50 Yeo Street, Neutral Bay, NSW 2089
   Email: jeff.estok@navigare.com.au

7. Please allow 30 days for this request to be processed. On receipt of your query, problem or complaint a review will be conducted and findings will be communicated to you where required. If you do not receive a satisfactory response to your query, problem or complaint within 30 days, you may refer your query, problem or complaint to the Office of the Australian Information Commissioner via the contact details listed at http://www.oaic.gov.au/about-us/contact-us-page, or, for individuals in the EU, to the data protection supervisory authority in your country.

On what basis do we process your data?

Lawful basis of processing

8. Navigare will only collect, monitor, use, disclose, or process any personal information about you with your consent (including as provided in this Privacy Policy) or if it is otherwise lawful to do so. The only personal information collected by us is what has been provided to or collected by us in accordance with this Privacy Policy or has been provided to us lawfully by third parties. We will generally deal with your personal information for the primary purposes set out in this Privacy Policy.
9. For individuals in the European Union, Navigare relies on the lawful bases described below for the purposes of the GDPR:
   1. For Customers of Navigare, Navigare relies on the lawful bases of contract and legitimate interest. Navigare will process your data because it is necessary for the performance of a contract or pre-contractual obligations with you, or because Navigare has a legitimate commercial interest in processing the personal information. This interest includes providing the Navigare or third-party platforms to Customers on a commercial basis.
   2. For Participants and individuals whose personal information is uploaded to the Navigare or third-party platforms by Participants, Navigare processes personal information on the GDPR lawful basis of Navigare’s legitimate interest in providing the Navigare or third-party platforms to Customers. Processing of the personal information described in this Privacy Policy is necessary to achieve this legitimate interest.
   3. Navigare may also request your explicit consent to process your personal data from time to time. Navigare also reserves the right to use, disclose or otherwise process any personal information to satisfy any law, regulation or legal request or in relation to Navigare’s other legitimate interests (such as where relevant to legal action relating to Navigare).

When and how do we collect personal information?

Collection Channels

10. We, or our subcontractors, collect and process your personal information in a number of ways, which include:
    1. where personal information is actively provided to us by you, including through email, our website, signing up for or using the Navigare or its third-party platforms, using a form or application, or other communication channel;
    2. from legitimate third parties, which may include entities with whom we share a commercial relationship with you. These will generally be your employers or principals  (who will generally speaking be our Customers) who provide your personal information to us so that we can contact you to allow you to use the Navigare or its third-party platforms. We may also collect other personal information about you from  other Participants, or other legitimate third party sources including list brokers and other data providers or organisations that share data in circumstances where it is lawful and/or you have given permission for them to do so;
    3. through our website, including through the use of cookies and other tracking tools such as internet tags, tracking pixels, web beacons and unique device identifiers. For further information about the use of passive personal information collection, see below.

What kinds of personal information does Navigare collect?

11. We may collect personal information including:
    1. your full name, company, position in your company, seniority, contact details (such as your phone numbers, email address, workplace address details and contact preferences), location, and passwords you create for the Navigare or third-party platforms;
    2. information about how you assess other individuals or entities involved in the Navigare or third-party platforms;
    3. opinions about you that have been provided to us by Participants. This may include opinions and assessments about your workplace activity or performance.
    4. information about your preferences, interests, opinions, feedback and experiences with our products or services. This information may be collected in order to tailor our communications to you and continuously improve our products and services;
    5. financial details, if you have provided them to us, such as your bank account, credit card, Paypal or other online payment system details (where you purchase any products or services from us);
    6. usage data (concerning how Participants use the Navigare or third-party platforms), which may include:
       1. the IP addresses or domain names of the computers utilised by Participants,
       2. the URI addresses (Uniform Resource Identifier);
       3. the time of the requests made to the server and method utilized to submit the request to the server,
       4. the size of the file received in response,
       5. the numerical code indicating the status of the server’s answer (successful outcome, error, etc.),
       6. the country of origin,
       7. the features of the browser and the operating system utilized by the Participant,
       8. the various time details per visit (e.g., the time spent on each page within the platform) and the details about the path followed within the platform with special reference to the sequence of pages visited, and
       9. other parameters about the device used by the Participant and/or the Participant’s IT environment;
       10. other information about how Participants interact with the Navigare or third-party platforms, including any preferences or settings Participants may have
    7. When you visit the Navigare website, we may also collect personal information about you in the following general categories:
       1. usage and preference information: we collect information about how you interact with the Navigare website, including the pages you visit, your preferences and settings that you choose. We may do this through the use of cookies and other similar technologies that uniquely identify you;
       2. device information: we may collect information about your device such as the hardware model, operating system, preferred language, unique device identifier and mobile network; and
       3. other information: we may also collect and log information such as your IP address, access dates and times, browser type and pages visited when you interact with a website.

       for more information about how we collect information on our website, refer to paragraphs 32-34 of this Privacy Policy below.

    8. If you provide us with details about individuals, you must ensure that you have the right to provide those details to Navigare to be used for the purposes set out in this policy;
    9. any other information you provide directly to us. In an employment context, this may include information about your occupation and information regarding your professional history and professional interests, information regarding your education and qualifications and information regarding your personal interests and other relevant information about you.

Unsolicited personal information

12. Where you provide us with unsolicited personal information, we will retain this information where it falls within our primary purposes for collection of personal information (as stated in this Privacy Policy).

Sensitive Information

13. We do not seek to collect sensitive information (or “special categories” of information under the GDPR).
14. If we do collect sensitive information, we will only do so with your consent and where you provide it to us directly. Where you provide us with any sensitive information (including, but not limited to, information about your sexual orientation, religious beliefs, medical and/or criminal history), we will only use this information for the purposes stated at the time of collection and will only share this information with our trusted third parties in the manner stated in this Privacy Policy.

Consequences of not providing personal information

15. Failure to provide personal information may result in Navigare being unable to provide you with the Navigare or third-party platforms or other content, information, upcoming opportunity, promotion, event or product information.
16. Failure to provide personal information through the Navigare or third-party platforms will diminish the results and insights obtained from the Navigare or third-party platforms and provided to Customers.

For what purposes does Navigare collect, hold, use and disclose your personal information?

17. Personal information that Navigare collects will be used for the following primary purposes:
    1. to fulfil obligations in respect of any contract between you and Navigare; to provide services to our prospective, existing and former Customers (such as after sales services and enquiries); to facilitate payments from you;
    2. for Participants, in order to collect the views and assessment of Participants through surveys and to provide the Navigare or third-party platforms, including for administration and support purposes;
    3. to create reports and other analyses and insights for our Customers and to improve our services to them;
    4. if you are a Customer of Navigare, to develop, carry on and maintain our trading relationship with you including identifying and contacting or marketing to you, invoicing your correctly, assessing the risks of providing credit to you or your business, and securing and recovering any debts owed to us.
    5. to provide you with information about your Navigare account, customer account, transactions, content, services and products;
    6. to provide direct marketing materials, special offers, events, and promotions via any medium including mail, telephone and commercial electronic messages, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM (Instant Messaging), email, social media, or any other form of electronic, emerging, digital or conventional communications channel;
    7. to contact you, including sending you any technical, administrative or legal notices relevant to the Navigare or third-party platforms or website;
    8. to maintain the functionality of the Navigare website, including the provision of information to you relating to the content available on the website; to improve the website and system administration;
    9. to provide you with relevant advertising;
    10. to maintain our relationship with you;
    11. to provide you with newsletters via mail and electronic newsletters (e-newsletters) via commercial electronic messages;
    12. to respond to Customer and Participant enquiries, complaints and complaints handling;
    13. to obtain opinions or comments about products and/or services and to conduct other research and development;
    14. to record statistical data;
    15. to conduct market research;
    16. to collect, hold, use and disclose personal information as stated above, for the purpose of providing professional services to our Customers.
    17. to share personal information with our group companies and their related bodies corporate and agents, and other trusted third parties in the manner described in this Privacy Policy;
    18. for any further purposes stated in a particular collection channel;
    19. if applicable and where explicitly notified to you, to undertake recruitment for Navigare;
    20. if applicable, to manage your employment with Navigare;
    21. any other purpose as may be deemed reasonably necessary by Navigare in the circumstances;
    22. as needed to satisfy any law, regulation or legal request, to protect the rights or property of Navigare, any member of the Navigare group, or any member of the public, to protect the integrity of the Navigare website, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

Automated decision-making

18. Navigare does not make decisions that produce significant effects on you which are solely based on automated decision making.

How do we share your personal information?

19. Solely for the purposes described above, personal information may be shared with the entities below and their directors, servants and agents and related bodies corporate:
    1. where you are a Participant, the personal information in your ratings, reviews and comments may be provided to the entity which employs or engages you and is a Customer of Navigare. Such personal information may also be provided to the other Customer(s) who have jointly engaged Navigare with your employer or contracting principal for the provision of the Navigare’s services in assessing the relationship between clients and agencies. This personal information may be provided either as in the same form as given to us by you, or as summarised or otherwise processed by us;
    2. sub-processors who assist us provide you with the Navigare or third-party platforms
    3. other third party technical service providers, such as mail carriers, hosting providers, IT companies and communications agencies.
20. Our third party service providers may be engaged by Navigare to perform a variety of functions, such as legal and accounting services, data storage, support services, conducting market research, processing credit card payments, assisting with promotions and providing technical services for our websites. These companies may have access to personal information if needed to perform such functions. Your credit card details are only used to facilitate your purchase. They are not used for any other purpose and will never be supplied to a third party other than Navigare or our relevant service provider. If you are a business we trade with, we may disclose your information to debt recovery agents or credit reporting bodies if necessary.
21. Some of the recipients of your personal information may be located overseas. Navigare employees, data processors and other trusted third parties are obliged to respect the confidentiality of any personal information held by Navigare. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. Navigare will not be held responsible for events arising from unauthorised access to personal information except to the extent required by the relevant privacy laws.
22. The recipients of your personal information may be located in the following countries:
    1. Australia;
    2. UK;
    3. United States;
    4. other locations that our third party suppliers may choose to house their data, if different to the countries above.
23. For individuals in the EU, please note that the recipients of your personal information may be located in countries in which the privacy or data protection laws differ from those of the European Union, and which are not the subject of an adequacy decision by the European Commission. For recipients of your personal information in:
    1. Australia, appropriate or suitable safeguards over your personal data have been put in place by virtue of our compliance with the standard data protection contract clauses approved by the European Commission.
    2. the United States, a data protection adequacy decision has been made by the European Commission for entities who have signed up to the US “Privacy Shield” regime.

How do we hold, and how long do we hold your personal information?

Security

24. Navigare takes appropriate security measures to keep personal information secure, prevent unauthorised access, disclosure, modification or destruction of personal information. Navigare, its employees and its subcontractors are obliged to respect the confidentiality of any personal information held by Navigare.
25. Navigare also takes reasonable steps to keep personal information accurate, up to date, complete and relevant. Navigare will also take reasonable steps to ensure only those necessary have access to your personal information.  Personal information is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by our selected data storage providers. In some cases these facilities may be overseas, as described above. Navigare retains your information only for as long as necessary for the purposes listed in this Privacy Policy.

Your privacy rights

26. You have a number of rights under Australian privacy law. These include:
    1. (access) to request access to your personal information from us, in a commonly used electronic format. On a case by case basis, Navigare may determine that it is not legally required to give an individual access to personal information, in which case Navigare will provide you with a written notice of its refusal to provide access;
    2. (correction) to request that we correct your personal information;
    3. (withdrawing consent) to withdraw your consent for us to use your personal information;
    4. (transparency) to be informed generally about the collection and use of your personal data, including where we intend to further process your personal data for additional purposes other than as discussed above; and
    5. (complaint) to complain about a breach of the Australian Privacy Principles.
27. If you are an individual in the EU, you have additional rights under the GDPR that you can exercise against the “controller” of your data. Where we are the controller of your data, your rights include:
    1. (access) to request that we transfer your personal information to another service provider of your choosing;
    2. (erasure) to request that we erase your personal data. All reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may result in us being unable to facilitate or provide you with information about certain services (including the uploading, access to, and receipt of content on a website or the Navigare or third-party platforms, and purchase transactions undertaken on a website);
    3. (objection and restriction) in some circumstances, to object to the use of your personal data by us and request that we restrict our use of your personal information; and
    4. (complaint) to lodge a complaint in relation to our processing of your personal data with a data protection supervisory authority under the GDPR.
28. To exercise these rights, please contact us at the contact details provided in this Privacy Policy. Please allow for a reasonable amount of time for us to process your request, which will generally be up to 30 days.

Miscellaneous

Anonymity and Pseudonymity

29. Where practicable, Navigare will allow you to deal with us on an anonymous or pseudonymous basis. If this is practicable, our collection channels will only seek information in this way. However, where it is not practicable for the purposes for which information is collected, we will seek the personal information as identified above. It will not be practicable to deal with you on an anonymous or pseudonymous basis when we wish to send you direct marketing materials or need to provide you with goods or services requested by you.

Sale of the company

30. If Navigare merges with, or is acquired by, another company, or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser’s adviser, and may be among the assets transferred. However, personal information will always remain subject to this Privacy Policy.

Children

31. The collection of personal information is neither intended for, nor directed to, persons who are under the age of sixteen (16) years old. Personal information will not be knowingly collected about any person who is known by Navigare to be under the age of sixteen (16) without the consent of a parent or legal guardian.

Passive Information Collection

32. As with many commercial websites, we may also collect information which tells us about visitors to our websites. For example, we may collect information about the date, time and duration of visits and which pages of a website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing a website. By accessing a website via links in an email we have sent and/or by accessing a website generally including when you are logged into an account, you consent to the collection of such information where it is personal information.
33. As you navigate through our websites, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as Unique Device Identifiers (UDI), cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). In certain circumstances, this information may be considered anonymous information or personal information under the Privacy Act 1988 (Cth) and the GDPR, dependent on the device used and the method by which an individual connects to the Internet. Your Internet browser automatically transmits to the website you are browsing some of this anonymous information or personal information, such as the URL of the website you just came from, the Internet Protocol (IP) address, the UDI (if applicable) and the browser version your device is currently using. Our websites may also collect anonymous information or personal information from your device through cookies and Internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of a website might not work without cookies and this may limit the services provided by a website. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf.
34. Our websites may use and combine such passively collected anonymous information or personal information and/or information from various third party sources, including as described above, and may combine this anonymous information or personal information with other personal information collected from you to provide better service to website visitors and users, customise a website based on your preferences, compile and analyse statistics and trends, provide you with relevant advertising when you visit a website or a third party website, and otherwise administer and improve a website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a website, you consent to information about you being collected, compiled and used in this way.
35. For more information about cookies and how you can opt out, you can visit http://www.youronlinechoices.com.au/.