Moving Data Privacy Policy

Privacy Policy

Moving Data has chosen to be an ‘organisation’ within section 6EA of the Privacy Act 1988 (Cth) as a public commitment to good privacy practice. Public Register

Moving Data Pty Ltd (ACN 007 382 032) (“Moving Data“, “We“, “Us” or “Our“) is committed to respecting your privacy and to complying with the National Privacy Principles (NPPs) contained within the Privacy Act 1988 (Cth), the Privacy Amendment (Private Sector) Act 2000 (Cth), the obligations set out in Part 13 of the Telecommunications Act 1997 (Cth) and the Spam Act 2003.

This Privacy Policy forms part of the agreement between Moving Data and the Client or User for public Website visitors and Trial Service Clients. For Clients of a paid-for Service the Agreement shall additionally include a Service Subscription Description, Terms and Conditions.

Although this Privacy Policy specifically address our obligations in respect of the laws of Australia, where practicable we apply these principles worldwide, subject to any requirements of local law.

  1. Definitions The following is a guide to some of the terms used in this Policy. Unless otherwise indicated to the contrary, references in this Policy to terms or phases contained in the Privacy Act are to be taken as having the same meaning as in the Privacy Act.

Corporations Act” means the Corporations Act 2001 (Cth) as amended from time to time.

Moving Data” “We” “Our” or “Us” means Moving Data Pty Ltd (ACN 007 382 032), the owner of the website known as Moving Data located at www.movingdata.com, its successors and assigns and Related Bodies Corporate

NPP” means the National Privacy Principles as set out in Schedule 3 in the Privacy Act.

Personal Information” means information or an opinion about a User or Client whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Policy” means the Moving Data Privacy Policy as amended from time to time.

Privacy Act” means the Privacy Act 1988 (Cth) as amended from time to time.

Privacy Commissioner” means the Federal Privacy Commissioner.

Related Body Corporate” has the meaning given to the term in the Corporations Act 2001.

Sensitive Information” means Personal Information concerning a person’s:

(a) racial or ethnic origin; or
(b) political opinions; or
(c) membership of a political association; or
(d) religious beliefs or affiliations; or
(e) philosophical beliefs; or
(f) membership of a professional or trade association; or
(g) membership of a trade union; or
(h) sexual preferences or practices; or
(i) criminal record.

Service” and “Services” means the Service (and each of them) available on the Website located at www.movingdata.com, provided to the User by Moving Data (including, without limitation any other facility to receive, store, process and display tracking or locational information in various forms) in accordance with this agreement and with the characteristics and features as described at www.movingdata.com from time to time.

Trial Service” means a Service, provided free of charge, which is under development or evaluation and is marked “trial”, “demo”, “beta”, “free”, “evaluation” or a similar designation

User” or “You” or “Client” interchangeably means a holder of an e-mail address who gains access to or uses the Services provided by Moving Data.

  1. Collection of Information

2.1 Moving Data only collects Personal Information that is necessary for one or more of its functions, activities and Services. If we cannot in practice effectively pursue a function or activity or provide the Service without collecting Personal Information, then that Personal Information will be regarded as necessary for that function or activity.

2.2. Moving Data does not collect Personal Information in an unreasonably intrusive way.

2.3. At or before the time (or if that is not practicable, as soon as practicable after) Moving Data collects Personal Information (either directly or through third parties), Moving Data takes reasonable steps to ensure the User who is the subject of the information is aware of:

(a) the identity of Moving Data and how to contact it; and
(b) the fact that the User has rights to gain access to the information; and
(c) the purposes for which the information is collected; and
(d) the organisations (or the types of organisations) to which Moving Data usually discloses information of that kind; and
(e) any law that requires the information be collected; and
(f) the main consequences (if any) for the User of not providing the information.

2.4. Moving Data will, where practicable, collect Personal Information directly from Users except where it is not reasonable or practicable for us to collect information directly, such as:

(a) where direct collection would prejudice the purpose of collection (for example, asset geo-locational information collected by Moving Data); or
(b) where the structure of the networks which Moving Data monitors, necessitates that Moving Data collect information indirectly or passively from an asset electronically.

2.5. Cookies enable Moving Data to find out whether you have previously visited the Website. This happens on a repeat visit by checking to see, and finding, the cookie deposited there on the previous visit. Cookies will not identify you as the user of a computer and can only record what areas of a site a computer has been used to visit. You can set your computer so that cookies are not downloaded from the web site server, but most people are aware of cookies and do not block them out. If you object to Moving Data, or anyone else, using cookies you should set your computer to block them.

2.6. Web beacons, also known as single pixel or clear gif technology, or action tags, may be used on the Moving Data Website. This technology show us which visitors clicked on key elements (such as links or graphics) on a web-page or an email. When you ask us to send you information on a promotion or a newsletter, we may use web beacons to establish which emails are actually opened. We use this information in order to optimise our content and services. These Web beacons usually work in conjunction with cookies. If you don’t want your cookie information to be associated with your visits to these pages, you can set your browser to turn off cookies. In Microsoft Outlook or similar, downloading of pictures can be deactivated on a site by site basis.

  1. Use and Disclosure of Personal Information 3.1 Moving Data only uses or discloses information for purposes other than the primary purpose of collection in six limited and defined circumstances. These are:

(a) Related Purpose: the secondary purpose is related to the primary purpose of collection and, if the Personal Information is sensitive information directly related to the primary purpose of collection; and the User would reasonably expect Moving Data to use or disclose the information for the secondary purpose; or
(b) Consent: the User has consented to the use or disclosure; or
(c) Credit Provider: credit providers or credit reporting agencies for the purposes permitted under the Privacy Act; or
(d) Unlawful Activity: Moving Data has reason to suspect that unlawful activity such as theft or employee fraud has been, is being or may be engaged in, and uses or discloses the Personal Information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
(e) Legal Authorisation: the use or disclosure is required or authorised by or under law; or
(f) Related Companies: Where a company in the Moving Data group of companies has obtained information from another company in the same group, the use and disclosure of such information by Company is dealt with as if the primary purpose of collection of that information was the primary purpose for which the initial company collected the information.

3.2. Clients and Users of Moving Data consent to the following activities:

(a) to process orders and deliver the Services.
(b) to keep Users up to date on the latest product announcements, software updates, software upgrades, system enhancements, special offers, and other information. This may occasionally include information from other technology companies about products and services that can add value to your Moving Data Services.
(c) to provide support and assistance for Moving Data Services, including the provision of security patches.
(d) to provide the ability to create personal profile areas and view protected content.
(e) to provide the ability to contact Users, and provide you with billing information.
(f) to provide Client feedback and support.
(g) to do any other activity or provide any Service described in the Agreement between Client and Moving Data.

  1. Data Quality Moving Data takes reasonable steps to ensure that the Personal Information it collects, uses or discloses is accurate, complete and up-to-date.
  2. Data Security

5.1. Moving Data takes reasonable steps to protect Personal Information it holds from misuse and loss and from unauthorised access, modification or disclosure, including the following safeguards:

(a) procedural systems;
(b) physical systems;
(c) software and hardware security;
(d) access control;
(e) secure communications; and
(f) backup and disaster recovery systems.

5.2. Moving Data takes reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for any purpose for which the information may be used or disclosed.

  1. Openness

6.1. Moving Data has in this Policy document set out clearly its policies on its management of Personal Information. A copy of this Policy is made available upon request and a copy is contained at www.movingdata.com.

6.2 Moving Data informs Users of:

(a) the sort of Personal Information it holds, for what purposes and how it collects, holds, uses and discloses that information; and
(b) its policies for handling Personal Information.

6.3 Moving Data on request by a person, takes reasonable steps to let the person know generally, what sort of Personal Information it holds, for what purposes, and how it collects, holds, uses and discloses that information.

  1. Access and Correction Access

7.1. Moving Data provides Users with access to the Personal Information that it holds about them except in the following ten situations where:

(a) providing access would pose a serious and imminent threat to the life or health of any User; or
(b) providing access would have an unreasonable impact upon the privacy of other Users; or
(c) the request for access is frivolous or vexatious; or
(d) the information relates to existing or anticipated legal proceedings between Moving Data and the User and the information would not be accessible by the process of discovery in those proceedings; or
(e) providing access would reveal the intentions of Moving Data in relation to negotiations with the User in such a way as to prejudice those negotiations; or
(f) providing access would be unlawful; or
(g) denying access is required or authorised by or under law; or
(h) providing access would be likely to prejudice an investigation of possible unlawful activity; or
(i) providing access would be likely to prejudice the prevention, detection, investigation or remedying of improper, prescribed or criminal conduct or proceedings before any court or tribunal, or implementation of its orders;
(j) an enforcement body performing a lawful security function asks Moving Data not to provide access to the information on the basis that providing access will be likely to cause damage to the security of Australia.

7.2. Moving Data may give an User an explanation for a decision rather than direct access to the Personal Information where providing access would reveal evaluative information generated within Moving Data in connection with a commercially sensitive decision making process.

7.3. Moving Data does not charge for lodging a request for access to Personal Information and we may charge AUD$20.00 to cover the administration costs involved.

7.4. If Moving Data refuses a request for access to Personal Information, Moving Data provides the applicant with written reasons for its decision.

7.5. Moving Data responds to any request for access within 14 Business Days.

7.6. Moving Data provides the requested Personal Information (subject to Moving Data determining to deny access) unless exceptional circumstances apply, within 30 Business Days.

Correction

7.7. Moving Data corrects Personal Information that it holds where a User is able to establish to Moving Data’s reasonable satisfaction that the information is incorrect.

  1. Identifiers

8.1. Moving Data does not adopt as an identifier of a User the identifier of a User that has been assigned by a government agency.

8.2. Moving Data will not use or disclose an identifier assigned to a User by an agency, or by an agent or contracted service provider unless:

(a) the use or disclosure is necessary for Moving Data to fulfil its obligations to the agency; or
(b) the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.

  1. Anonymity Unless there are practical or legal reasons to require identification, Moving Data gives Users the option of not identifying themselves when entering transactions with Moving Data.
  2. Transborder Data Flows

10.1 Moving Data transfers information about a User to someone (other than within Moving Data or to the User himself/herself) who is in a foreign country only if one of the following six circumstances apply:

(a) Moving Data reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the NPPs; or
(b) the User consents to the transfer; or
(c) the transfer is necessary for the performance of a Service provided by Moving Data or for the performance of a contract between Moving Data and a Client or a third party; or
(d) all of the following apply:

(i) the transfer is for the benefit of the User;
(ii) it is impracticable to obtain the consent of the User to that transfer;
(iii) if it were practicable to obtain such consent, the User would be likely to give it; or

(e) Moving Data has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the NPPs.

10.2 Communications over the Internet, such as emails/webmails, are not secure unless they have been encrypted and communications may route through a number of countries before being delivered – this is the nature of the World Wide Web/Intranet. Moving Data cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

  1. Sensitive Information

11.1. Moving Data limits the collection of highly sensitive information about Users.

11.2. Moving Data does not collect sensitive information about a User unless one of the following four situations applies:

(a) the User has consented; or
(b) the collection is required by law; or
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any User, where the User whom the information concerns:

(i) is physically or legally incapable of giving consent to the collection; or
(ii) physically cannot communicate consent to the collection; or

(d) the collection is necessary for the establishment, exercise or defence of a legal or equitable claim.

  1. Employee Exemption The rules above do not apply to Moving Data’s collection, storage use and disclosure of employee records for purposes directly related to the employment of its employees. Those acts and practices are exempt from the Privacy Act.
  2. Asset Location Moving Data may use and disclose information it obtains to provide asset location data to Clients in accordance with the Agreement between a Client and Moving Data to provide the Services.
  3. Workplace Surveillance Moving Data may use and disclose information it obtains as a result of workplace surveillance in accordance with applicable surveillance legislation.
  4. Scope This Policy is intended to cover Moving Data and any Related Body Corporate; If a Moving Data Websites contains links to or content from other websites or third parties that are not owned related or operated by Moving Data does not share your Personal Information with those websites save to the extent required to provide a Moving Data Service. While Moving Data tries to link only to sites that share Moving Data’s high standards and respect for privacy, Moving Data is not responsible for the content, security, or privacy practices employed by other sites and expressly disclaims all liability associated with your use of such other sites and the content found there.
  5. Conflict with Legislation If an inconsistency between this Policy and an Australian law or regulation exists, then that legislation or regulation will prevail to the extent of the conflict or inconsistency.
  6. Compliance with Policy

17.1. Moving Data implements this Policy through the use of proper procedures, staff training and audit provisions and practices.

17.2. Moving Data ensures that its employees and contractors who deal with Personal Information are aware of the standards of this Policy.

17.3. Moving Data requires that all Moving Data staff and contractors with access to Personal Information maintain confidentiality concerning that Personal Information. Moving Data implements that requirement through appropriate contract terms and internal policies.

17.4. Moving Data’s procedures for handling Personal Information are developed to implement the standards of this Policy. Moving Data trains its employees in the proper conduct of those procedures that are relevant to their duties.

  1. Complaints and Disputes Procedure

18.1. Moving Data has appointed a Privacy Officer, Mr Craig Morton, of Moving Data Pty Ltd Suite 1.08, 10 Elizabeth Street, Kensington, Victoria, 3031, Australia

18.2. Any person who considers that this Policy has been breached may lodge a complaint with the Privacy Officer.

18.3. Moving Data uses reasonable endeavours to resolve all complaints within 60 Business Days.

18.4. Where complaints cannot be resolved to the satisfaction of the complainant within a reasonable time, having regard to the timeframe set out above, the complainant may refer the complaint to the Privacy Commissioner who will then deal with the complaint in accordance with the Privacy Act. Information on the Office of the Privacy Commissioner, including contact details, can be found here.

  1. Privacy Support Moving Data reserves the right to amend or modify this Privacy Policy at any time and in response to changes in applicable data protection and privacy legislation.
  2. Contact For enquiries about your Personal Information contact:

The Privacy Officer,
Moving Data Pty Ltd
PO Box 1388
Kensington, Victoria 3031
Australia