Introduction

This Privacy Policy sets out how Effectus Digital Pty Ltd trading as Instinctability (referred to as IA, we, us or our) collects, holds, uses and discloses personal information through our website and in connection with our business activities.

We are committed to handling personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

In this policy, Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Section 2

Scope of this policy

This policy applies to personal information collected by us through the following channels:

  1. our website
  2. online enquiry forms
  3. newsletter or mailing list sign-ups
  4. direct communications with us through email, phone or online channels
  5. business development, marketing and client relationship activities connected with our website and services

This policy does not apply to the acts or practices of third parties that we do not control.

Section 3

Kinds of personal information we may collect

We may collect the following types of personal information:

  1. name
  2. employer or business name
  3. job title or role
  4. email address
  5. telephone number
  6. address or general location information
  7. details of your enquiry, request or interaction with us
  8. subscription and communication preferences
  9. records of correspondence with us
  10. technical and usage data collected through our website, including IP address, browser type, operating system, device identifiers, referral source, pages viewed, session duration and other website interaction information
  11. information submitted through forms, questionnaires, surveys, assessments and benchmarking tools
  12. organisation, role, sector and service environment information connected with survey or assessment responses
  13. opinions, responses, comments and maturity assessment information provided in a survey or assessment context

We may also collect other personal information that you voluntarily provide to us.

Sensitive Information: We do not generally seek to collect sensitive information through our website. Do not provide sensitive information to us unless it is reasonably necessary for the purpose of your interaction with us and you are authorised to do so.

Section 4

How we collect personal information

We collect personal information:

  1. directly from you when you submit an enquiry, contact us, subscribe to updates, complete a form, request information or otherwise interact with us
  2. automatically through cookies, analytics tools and similar technologies when you access or use our website
  3. from publicly available sources, including professional networking platforms and business websites, where it is lawful and reasonable to do so for legitimate business purposes
  4. from service providers, referral partners or third parties who assist us in operating our website, marketing or business systems

Where reasonable and practicable, we will collect personal information directly from you. Where required by law, we may provide a separate privacy collection notice at or before the time of collection.

Section 5

Why we collect, hold, use and disclose personal information

We collect and use personal information for the following purposes:

  1. responding to enquiries and requests
  2. providing information about our services
  3. assessing and progressing business opportunities
  4. delivering services and managing our client and supplier relationships
  5. administering and improving our website, systems and operations
  6. conducting analytics, research and service development
  7. maintaining security, fraud prevention and incident response capabilities
  8. sending newsletters, updates, event invitations and other direct marketing communications in accordance with applicable law
  9. complying with legal, regulatory and contractual obligations
  10. establishing, exercising or defending legal rights
  11. administering surveys, assessments, benchmarking exercises and diagnostic tools
  12. generating de-identified and aggregated insights, trend analysis, benchmarking reports and service improvement outputs
  13. validating eligibility, authority and participation in surveys, assessments or sector-based initiatives

We may also use or disclose personal information for any other purpose permitted or required by law.

Section 6

Surveys, assessments and business information

Where a form, survey or assessment is stated to be for business, organisational or benchmarking purposes, respondents should not include personal information, sensitive information, or third-party confidential information in free-text fields unless expressly requested by us and lawfully authorised.

Where practicable, we may use survey and assessment responses in de-identified and aggregated form for reporting, benchmarking, research, service improvement and thought leadership purposes.

Section 7

Cookies, analytics and online technologies

Our website may use cookies, pixels, tags, session replay tools, analytics tools and similar technologies to collect and process information about website usage and user interactions. These technologies may be used for:

  1. enabling website functionality
  2. remembering user preferences
  3. measuring website traffic and performance
  4. understanding user behaviour and engagement
  5. improving website design, content and user experience
  6. supporting marketing, campaign measurement and remarketing activities

You can usually control cookies through your browser settings. If you disable cookies or related technologies, some features of the website may not function properly.

Section 8

Google Analytics and similar services

We may use Google Analytics and similar analytics or marketing services provided by third parties. These services may collect information such as IP address, browser information, device information, pages visited, time spent on pages, referral sources and other interaction data.

Information collected through these services may be transmitted to and stored on servers located outside Australia, including in the United States.

We use this information to better understand website traffic, user engagement and the performance of our website and marketing activities.

Section 9

Direct marketing

Where permitted by law, we may use your personal information to send you marketing or promotional communications about our services, insights, events or other matters we consider may be of interest to you. Our marketing communications will include our identity and a functional unsubscribe facility where required.

How to opt out

You may opt out of receiving marketing communications from us at any time by:

  1. using the unsubscribe link in any email we send you
  2. contacting us using the contact details set out in Section 19
  3. notifying us that you no longer wish to receive marketing communications

We will action a valid opt-out request within a reasonable period.

Section 10

Disclosure of personal information

We may disclose personal information to:

  1. our related entities
  2. our employees, officers, contractors and professional advisers
  3. technology, hosting, cloud, communications, CRM, analytics, marketing and other service providers
  4. payment processors, administrators and other suppliers that support our operations
  5. regulators, law enforcement bodies, government agencies and courts where required or authorised by law
  6. third parties involved in a corporate transaction or restructure involving our business
  7. any other person where you have consented to the disclosure or the disclosure is otherwise permitted by law

We do not sell personal information.

Section 11

Overseas disclosure

Some of our service providers, technology vendors and data hosting providers may be located outside Australia or may store or process personal information overseas, including in the United States and other countries in which our third-party providers operate or maintain infrastructure.

Where we disclose personal information to overseas recipients, we will take such steps as are reasonable in the circumstances to ensure the overseas recipient handles the information in a manner consistent with applicable Australian privacy law, unless an exception under the Privacy Act applies.

Section 12

Storage and security

We may hold personal information in physical and electronic records and in systems operated by us and our third-party service providers. We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. Those steps may include:

  1. access controls
  2. authentication and password protections
  3. encryption and secure data transmission
  4. secure hosting and vendor due diligence
  5. logging, monitoring and alerting
  6. internal policies, training and confidentiality controls

No method of transmission over the internet or electronic storage is completely secure. We cannot guarantee absolute security.

Section 13

Retention and destruction

We retain personal information only for as long as reasonably necessary for the purposes for which it was collected, for related permitted purposes, and to satisfy legal, regulatory, insurance, accounting or record-keeping requirements.

When personal information is no longer required, we will take reasonable steps to destroy or de-identify it, unless we are required or authorised by law to retain it.

Section 14

Access and correction

You may request access to the personal information we hold about you and request correction of that information if you believe it is inaccurate, out of date, incomplete, irrelevant or misleading.

Requests should be made using the contact details in Section 19. We may require you to verify your identity before processing your request. We will respond within a reasonable time and in accordance with the Privacy Act.

In some circumstances permitted by law, we may refuse access or correction, in which case we will provide written reasons where required.

Section 15

Data breaches

If we become aware of a data breach involving personal information that we hold, we will assess the incident and respond in accordance with our legal obligations.

Where required under the Notifiable Data Breaches scheme or any other applicable law, we will notify affected individuals and the Office of the Australian Information Commissioner.

Section 16

Third party websites and social media

Our website may contain links to third-party websites, platforms or applications, including social media services. We are not responsible for the privacy, security or data handling practices of those third parties. You should review the relevant privacy policies of those third parties before providing them with your personal information.

Where our website includes social media features, embedded content or third-party integrations, those services may collect information about your interaction with our website in accordance with their own policies.

Where we make surveys, assessment tools or similar resources available through third-party platforms, those platforms may collect, hold or process information in accordance with their own terms and privacy practices.

Section 17

Anonymity and pseudonymity

Where lawful and practicable, you may deal with us anonymously or by using a pseudonym. However, in many cases we will need your identity or contact details in order to respond to an enquiry, provide services or otherwise deal with you effectively.

Section 18

Changes to this policy

We may amend this policy from time to time to reflect changes in law, technology, our business practices or our service providers. The current version of this policy will be published on our website and will take effect from the date stated at the top of the policy.

Section 19

Contact details and complaints

If you have any questions about this policy, wish to request access to or correction of your personal information, or wish to make a privacy complaint, please contact our Privacy Officer:

Privacy Officer

Lennard Sigrist

ABN

18 627 268 366

Email

hello@instinctability.com.au

Phone

1800 329 237

Address

Level 34, 1 Eagle Street, Brisbane City QLD 4000

Please provide sufficient detail to allow us to investigate your complaint. We will acknowledge your complaint and respond within a reasonable period.

If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au.