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Privacy Policy

Performl Pty Ltd

ABN 12 651 425 768

Version effective from 10 June 2022

1. What does this policy cover

1.1 Welcome to www.performl.com.au and thanks for taking the time to read our Privacy Policy. It is important that you understand your rights and responsibilities, so please keep reading. Performl is committed to respecting your privacy.

1.2 Performl is turning billions of data points about people’s unmet support needs into meaningful answers. Customers self-service answers to important business questions using our subscription technology platform, public information, and field data we collect. Our social researchers, data scientists and software engineers are constantly expanding and updating the platform. Performl’s mission is to help those responsible for addressing people’s unmet support needs make better decisions quicker and cheaper. We do this by connecting government, philanthropy, sector leaders, social services and their advisors and analysts with the best information and ideas.

1.3 Capitalised terms are only defined as in this Privacy Policy.

1.4 This Privacy Policy explains how we collect, use, disclose, and protect information, and your choices about the collection and use of your information, when you use Performl’s website, online service, software-as-a-service offering(s) provided to you and/or other related applications or services, including any updates thereto, as may be available online or via mobile application (together, the Platform).

1.5 If you do not want your information processed in accordance with this Privacy Policy, in general or any part of it, you should not use our Platform. This Privacy Policy applies to all users of the Platform.

1.6 Performl may amend this Privacy Policy from time-to-time and the most current version will be posted on Performl’s website. We encourage you to periodically review this page for the latest information on our privacy practices.

1.7 You must not provide any person under the age of 18 with access to the Platform, unless otherwise permitted by applicable law. We do not intentionally gather personal information from minors under the legal age range.

2. Information we collect and its use

2.1 We collect the following types of information about you:

(a) Information you provide us directly. We may ask for certain information when you register for a Performl account or correspond with us (such as a username, your first and last names, birthdate, phone number, profession and email address). We may receive additional information (such as your location, company, title, website and social media links, personal description) which will be associated with your activity with Performl and on the Platform. We also collect any messages you send us through the Platform and may collect personal information you post to the Platform (such as data you upload). We use this information to operate, maintain, and provide the features and functionality of the Platform to you and other customers, to correspond with you, and to address any issues you raise about the Platform. If you don’t provide your personal information to us, you may not be able to access or use our Platform or your experience of using our Platform may not be as enjoyable.

(b) Information we receive from third-parties. We may receive information about you from third-parties. For example, if you access our websites or Platform through a third-party connection or login, that third-party may pass certain information about your use of its service to Performl. This information could include, but is not limited to: the user ID associated with your account, an access token necessary to access that service, any information that you have permitted the third-party to share with us, and any information you have made public in connection with that service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Platform. You may also unlink your third-party account from the Platform by adjusting your settings on the third-party service. If you unlink your third-party account, we will no longer receive information collected about you in connection with that service. We may also receive information about you and your engagement with our advertisements from our ad servers, ad networks and social media platforms. If you choose to integrate with a third-party application, we could receive data from such applications (as well as disclose to such applications as set out below).

(c) Information we collect from you automatically. We will directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Platform. These tools collect information sent by your browser or mobile device, including the pages you visit and other information (in respect of which, please see paragraph 2.1(e) on log file information below) that assists us in improving the Platform. We use analytics cookies and similar technologies to achieve this.

(d) Cookies information and information taken from similar technologies. When you visit the Platform, we (and our third-party partners) will send cookies — small text files containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets the Platform do things like help you log in faster, enhance your navigation through the site, remember your preferences and generally improve the user experience. Cookies also convey information to us about how you use the Platform (e.g., the pages you view, the links you click and other actions you take on the Platform), and allow us or our business partners to track your usage of the Platform over time. They also allow us to deliver personalised advertisements that may be of interest to you and measure their effectiveness.

(e) Log file information. Log file information is automatically reported by your browser or mobile device each time you access the Platform. When you use our Platform, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Platform, domain names, landing pages, pages viewed, and other such information.

(f) Clear GIFs/web beacons information. When you use the Platform, we may employ clear GIFs (also known as web beacons) which are used to anonymously track the online usage patterns of our users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information allows for more accurate reporting and improvement of the Platform.

(g) Device identifiers. When you access the Platform by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Performl. A device identifier may convey information to us about how you browse and use the Platform. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Platform. Some features of the Platform may not function properly if use or availability of device identifiers is impaired or disabled.

(h) Location data. Performl collects information in order to understand where its users are located for a number of reasons. It helps Performl to localise and personalise content, undertake aggregated analytics, understand if its users are from homes, businesses or elsewhere, improve advertising efficiency and estimate the tax liability of Performl.

(i) Payment information. In order to initiate and receive payment, we may receive and store payment information such as bank account details and credit card details. Performl may receive payment information from you or a third-party.

3. How we use your information

3.1 We use the information we collect about you for the purposes set out above which we have described in more detail below:

(a) Providing you with the Platform. We use the information that you provide us to provide the Platform to you. This includes allowing you to log in to the Platform, operating and maintaining the Platform, giving you access to your personal information and billing you for transactions that you make via the Platform. We also use information we collect about you automatically to remember information about you so that you will not have to re-enter it during your visit or the next time you visit the Platform.

(b) Allowing you to participate. We use information you provide to enable you to participate in our Platform and view and share certain personal information uploaded by other customers.

(c) For data analytics and consumer insights. We use information about you to help us improve the Platform and our user experience, including by monitoring aggregate metrics such as total number of visitors, traffic, and demographic patterns. We may also disclose your personal information to a trusted third-party who also holds other information about you. We or such third-parties may combine that information in order to enable it and us to develop aggregated and/or anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.

(d) For data labelling and machine learning to improve our services. We use content in users’ private accounts (such as the information most frequently accessed) to train our models to apply machine learning to new unseen information and improve our service for users. This could include components (e.g. cohorts, intervention types); labelling raw individual data (e.g. “mental health is a risk factor”); detecting content prohibited by our Platform Service Agreement for moderation and security purposes (e.g. copyright protected material).

(e) Customising the Platform for you. We use information you provide us and information about you to make sure that your use of the Platform is customised to your needs. For example, if you tell us the service area you work in, we will recommend material likely to be relevant to you.

(f) To communicate with you about the Platform. We use your contact information to get in touch with you and to send communications about critical elements of the Platform. For example, we may send you emails about technical issues, security alerts or administrative matters.

(g) To promote and drive engagement with the Platform. We use your contact information to get in touch with you about features and offers relating to the Platform that we think you would be interested in. We also use information we collect about you to make sure that you get the most relevant offers and promotions based on your use of the Platform, and your preferences. You can opt-out of getting these communications as described below.

(h) For advertising purposes. We use information about you, including information from cookies and other information we (and our third-party partners) collect from you automatically, to serve and measure the effectiveness of advertising on the Platform and third-party sites and platforms.

(i) Customer happiness. We use information about you, information that you provide, and information about your interactions with the Platform to resolve technical issues you experience with the Platform, and to ensure that we can repair and improve the Platform for all Performl users.

(j) For security measures. We use information about you to monitor activity that we think is suspicious or potentially fraudulent, and to identify violations or this Privacy Policy or our Performl Platform Service Agreement.

(k) For matters that you have specifically consented to. From time-to-time Performl may seek your consent to use your information for a particular purpose. Where you consent to our doing so, we will use it for that purpose. Where you no longer want us to use your information for that purpose you may withdraw your consent to this use.

(l) For matters that we are required to use your information by law. Performl will use or disclose your information where we reasonably believe that such action is necessary to (i) comply with the law and the reasonable requests of law enforcement; (ii) protect the security or integrity of our Platform; and/or (iii) to exercise or protect the rights, property, or personal safety of Performl, our users or others.

4. Sharing your information

4.1 We will not share your information with third-parties outside Performl and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted in this section.

(a) Who we share your information with. We may disclose personal information for the purposes described in this Privacy Policy to: (i) third-party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you); (ii) our employees, directors, officers, professional advisers, dealers and agents; (iii) our payment systems operators (eg banks receiving card payments, such as Stripe, GoCardless or PayPal); (iv) our existing or potential agents, business partners or partners;

(v) our sponsors or promoters of any competition that we conduct via our services; (vi) anyone to whom our assets or businesses (or any part of them) are transferred; (vii) our related bodies corporate (as defined in the Corporations Act 2001 (Cth)) and any person described in (i) – (iv) above but as if references to “our” were references to “our related bodies corporate”; (viii) specific third-parties authorised by you to receive information held by us; and/or (ix) other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

(b) Who you can choose to share your materials with. Any information or content that you voluntarily disclose for posting to the Platform may become available to be read, collected and used by other customers of the Platform. Your information becomes available and searchable by other customers and if you remove such material, copies may remain viewable in cached and archived pages of the Platform, or if other customers have copied or saved that information.

5. Ads on Performl and direct marketing

5.1 We may partner with third-party ad servers, ad networks and social media platforms (like Facebook, Google, LiveRamp and Appsflyer) to deliver personalised advertisements (“ads”) on our Platform and other sites that may be of interest to you and/or to measure their effectiveness.

5.2 Performl may share certain information with our third-party advertising partners, such as your email address, location, cookie information and information relating to your use of our Platform, and allow partners to perform a match of your information against information from other third-party networks or sites to serve ads either on the Platform or on third-party sites and to measure the effectiveness of these ads.

5.3 In addition, these third-party ad servers or ad networks may use technology to send, directly to your browser or mobile device, these personalised ads and ad links, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear GIFs, see above) to compile information about your browser or device’s visits and usage patterns on the Platform, and to measure the effectiveness of their ads and to personalise the advertising content.

5.4 Performl does not sell, rent, or share the information we collect directly from you or about you from third-parties with these third-party ad servers or ad networks for such parties’ own marketing purposes.

5.5 Please note that an advertiser may ask Performl to show an ad to a certain audience of users (e.g., based on demographics or other interests). In that situation, Performl determines the target audience and Performl serves the advertising to that audience and only provides anonymous aggregated data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.

5.6 The Performl Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers or contact such advertisers for more information.

5.7 We and/or our carefully selected business partners may send you direct marketing communications and information about our services. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act 2003 (Cth) and the Australian Privacy Law. You may opt-out of receiving marketing materials from us by:

(a) contacting us at hello@performl.com.au; or

(b) using the opt-out facilities provided (e.g. an unsubscribe link).

6. How we transfer, store and protect your data

6.1 Your information collected through the Platform will predominantly be stored and processed in Australia, as well as in the United States, Canada and New Zealand. Your personal information may from time-to-time be stored in other countries in which Performl or its subsidiaries, affiliates or service providers maintain facilities. Performl transfers information that we collect about you, including personal information, to affiliated entities, and to other third-parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. When you provide your personal information to us, you consent to the disclosure of your personal information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy Law. However, we always take steps to ensure that your information remains protected wherever it is stored and processed in accordance with applicable laws. Where required under applicable laws, you consent to the transfer of information to any country in which Performl or its parent, subsidiaries, affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy and in a way that is consistent with the Australian Privacy Principles.

7. Keeping your information safe

7.1 Performl cares about the security of your information, and uses appropriate safeguards to preserve the integrity and security of all information collected through the Platform. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Performl, at all times. However, Performl cannot ensure or warrant the security of any information you transmit to Performl or guarantee that information on the Platform may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third-party sites and services that you add to the Platform. Performl is not responsible for the functionality or security measures of any third-party.

8. Compromise of information

8.1 In the event that any information under our control is compromised as a result of a breach of security, Performl will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with Australian Privacy Law.

9. Your choices about your information

9.1 You may update your account information by emailing us at hello@performl.com.au. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” where provided in non-Platform-related communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of Platform-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Platform, or technical and security notices).

9.2 Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Performl or its business partners from tracking your browser’s activities in relation to the Platform, and for use in targeted advertising activities by Performl, including via third-parties’ websites. However, doing so may disable features available through the Platform.

9.3 You can access the personal information we hold about you by contacting us using the contact information below (see clause 14.1). Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information. If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

10. How long we keep your information

10.1 Following termination or deactivation of your account, Performl will retain your personal information for a commercially reasonable time, and for as long as we have a valid purpose to do so. In particular, Performl will retain your information for the purpose of complying with its legal and audit obligations, and for backup and archival purposes.

11. Links to other websites and services

11.1 Our website may contain links to websites operated by third-parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices employed of, or any content on, websites or services linked to or from the Platform. Please remember that when you use a link to go from the Platform to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third-party’s own rules and policies. In addition, you acknowledge that we are not responsible for and we do not exercise control over any third-parties that you authorise to access your personal information. If you are using a third-party website or service and you allow such a third-party access to your personal information you do so at your own risk. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

12. Changes to this Privacy Policy

12.1 We may update this Privacy Policy from time to time to reflect our current practice and ensure compliance with applicable laws. When we post changes to this Privacy Policy, we will revise the “Effective From” date at the top of this Privacy Policy. If we make any material changes to the way we collect, use, store and/or share your personal information, as determined in Performl’s reasonable discretion, we will notify you with a notice on our website and/by sending an email to the email address associated with your Performl account. We recommend that you check this page from time to time to inform yourself of any changes.

13. Making a complaint

13.1 If you think we have breached the Australian Privacy Law, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

14. How to contact us

14.1 If you have any questions about this Privacy Policy or the Platform, or wish to make a complaint please contact us at hello@performl.com.au. Customers can also write to the address specified in the applicable Platform Service Order Form.