Full Privacy Policy | Knight Solutions

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PRIVACY POLICY OF KNIGHT SOLUTIONS

1 INTRODUCTION

1.1 About this policy

This Privacy Policy (“this policy”) is the official privacy policy of KNIGHT SOLUTIONS (AUST) PTY LTD ACN 634 145 243 and any of its wholly owned subsidiaries (hereafter collectively referred to as “Knight Solutions” or “we”, “us”, or “our”) and it applies to all personal information about individuals collected by Knight Solutions.

1.2 Relationship with Privacy Act

(a) This policy is intended to comply with the Privacy Act 1988 (Cth) (the “Act”) to ensure Knight Solutions’ compliance with its obligations under the Act, including the Australian Privacy Principles (the “APPs”), if applicable to Knight Solutions. This policy is not otherwise an ‘opt-in’ under section 6EA of the Act.

(b) For the purpose of interpretation of this policy any terms in this policy defined in the Act have the same meaning as defined in the Act.

(c) To the extent that Knight Solutions may from time to time be the subject of privacy laws of nations other than Australia, this policy extends to information collected by Knight Solutions from overseas entities but does not limit Knight Solutions’ obligations under any other laws.

1.3 What this policy provides

(a) In this policy we explain how and why we collect personal information about individuals, how we use such information within Knight Solutions, and what controls individuals have over our collection and use of information about them.

(b) This policy is relevant to individuals who are current and former customers, as well as other individuals that Knight Solutions deals with in connection with the goods and services we provide or information we collect from customers and other persons.

1.4 Our Commitment

Knight Solutions is committed to complying with laws that deal with how businesses may collect, hold and use personal information about individuals and to protecting and safeguarding the privacy of individuals when they deal with us, including the Act and the APPs if applicable.

2 COLLECTION OF INFORMATION

2.1 Type of information collected

(a) Some information provided to us by clients, customers and other parties might be considered private or personal. However, without such information we would not be able to carry on our business activities and provide our services. We will only collect such personal information if it is necessary for one of our functions or activities.

(b) The kinds of personal information that Knight Solutions may collect and hold in respect of individuals may include:

(i) names;

(ii) contact details and identification information;

(iii) financial information, including information about transactions and trading history with Knight Solutions; and

(iv) information about credit history.

2.2 Situations Where Information is Collected

Personal information may be collected in the following situations by Knight Solutions:

(a) if an individual contacts Knight Solutions, we may keep a record of that communication or correspondence;

(b) if an individual submits an application or curriculum vitae or another form required to be completed by an individual to enable and/or facilitate services and or/employment to be provided by Knight Solutions;

(d) when conducting certain types of transactions such as cheque or credit card purchases or refunds;

(e) when an individual submits their contact details to be included on our mailing lists;

(f) when a customer provides client data for review or handling as part of the services;

(g) when an order is placed with us to purchase goods or services we may require individuals to provide us with contact information including name, address, telephone number or email address and financial information (such as credit card details) for the purposes of processing and fulfilling such an order; and

(h) when CCTV footage is recorded at any of our premises.

2.3 Manner of Collection

(a) At or before the time the personal information about an individual is collected by us, we will take reasonable steps to ensure that the individual is made aware of who we are, the fact that the individual is able to gain access to the information held about the individual, the purpose of the collection, the type(s) of organisations to which we may usually disclose the information collected about the individual, any laws requiring the collection of the information and the main consequences if all or part of the information is not collected.

(b) We usually collect personal information about individuals directly from the individual. However, sometimes we may need to collect personal information about individuals from third parties for the purposes described below in this policy. The circumstances in which we may need to do this include, for example, where we need information from a third party to assist us to process an application or an order (such as to verify information an individual has provided or to assess the individual’s circumstances) or to assist us to locate or communicate with the individual.

(c) In certain cases, we will collect information about individuals from our customers as client data for review or handling as part of our services.

2.4 How Information May be Held

(a) Knight Solutions may hold personal information about an individual in physical form or in electronic form on our systems or the systems of Knight Solutions’ IT service providers.

(b) The personal information that Knight Solutions holds about individuals is protected by physical, electronic, and procedural safeguards and Knight Solutions also requires its service providers that hold and process such information on Knight Solutions’ behalf to follow appropriate standards of security and confidentiality. Any personal information we collect from an individual or about an individual is kept securely and held on secure servers in controlled facilities or cloud based secure platforms.

(c) Knight Solutions trains its staff and others who work for it on how to handle personal information appropriately and Knight Solutions restricts access to what is necessary for specific job functions.

2.5 Period of retention of information

(a) Knight Solutions may retain personal information collected or provided to us including:

(i) telephone recordings of calls to our hotlines and contact numbers;

(ii) CCTV security footage from our business premises; and

(iii) client files including individuals’ personal information, contact information, financial and transactional information;

to enable us to verify transactions and customer details and to retain adequate records for legal and accounting purposes.

(b) Knight Solutions will retain personal information collected for such minimum or maximum periods as it is required by law depending on the type of information collected. But for any minimum or maximum periods of retention required by law, we will safely destroy personal information once it is no longer required.

3 USE AND DISCLOSURE OF PERSONAL INFORMATION

3.1 Purposes of Collection

(a) Knight Solutions may, as permitted by law, use or disclose personal information held about an individual as permitted by law and for the business purposes for which it is collected (e.g. provision of our services, including administration of our services, notifications about changes to our services, record-keeping following termination of our services and technical maintenance), that is, to carry on our business activities and provide services to our customers.

(b) We may also use such information about individuals for a purpose related to the primary purpose of collection and where the individual would reasonably expect that we would use the information in such a way. This information is only disclosed to persons outside our business in the circumstances set out in this policy or as otherwise notified at the time of collection of the information.

(i) processing an application or product order or service request (including verifying a person's identity for these purposes);

(ii) managing our products and services or other relationships and arrangements, including processing receipts, payments and invoices;

(iii) assessing and monitoring credit worthiness;

(iv) detecting and preventing fraud and other risks to us and our customers;

(v) responding to inquiries about applications, accounts or other products, services or arrangements;

(vi) understanding our customers' needs and developing and offering products and services to meet those needs;

(vii) researching and developing our products and services and maintaining and developing our systems and infrastructure (including undertaking testing);

(viii) ensuring workplace health and safety and productivity of employees at Knight Solutions’ workplace premises;

(ix) dealing with complaints;

(x) meeting legal and regulatory requirements, for example various Australian laws may expressly require us to collect/and or disclose personal information about individuals, or we may need to do so in order to be able to comply with other obligations under those laws; and

(xi) enforcing our rights, including undertaking debt collection activities and legal proceedings.

3.2 Additional Disclosure Situations

In addition to the above, we are permitted to use or disclose personal information held about individuals:

(a) where the individual has consented to the use or disclosure;

(b) where we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone's health or safety or the public's health or safety;

(c) where we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;

(d) where such use or disclosure is required under or authorised by law (for example, to comply with a subpoena, a warrant or other order of a court or legal process);

(e) where we reasonably believe that the use or disclosure is necessary for prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for and conduct of proceedings before any court or tribunal or the implementation of the orders of a court or tribunal by or on behalf of an enforcement body; and

(f) where a customer (being the individual or related to the individual) has requested a service to be provided by us and we are required to disclose the information to a third party in order to facilitate the provision of the service. In most, if not all cases, any such disclosure will be with the consent of the individual.

3.3 Third Parties to Whom Information may be Disclosed

Third parties to whom we may disclose personal information about individuals in accordance with Knight Solutions’ business purposes set out above may include:

(a) Knight Solutions’ legal advisors;

(b) Knight Solutions’ IT service providers;

(d) Knight Solutions’ financial advisors;

(e) participants in financial and payment systems, such as banks, credit providers, and credit card associations;

(f) guarantors and security providers associated with individuals;

(g) debt collectors;

(h) cloud information storage providers;

(i) other businesses, consultants and contractors engaged in the performance of services in respect of which the information is collected; and

(j) other trade suppliers;

3.4 Disclosure to superiors and project partners

In addition to the persons listed at clause 3.3, when Knight Solutions is appointed as contractor or sub-contractor in connection with a commercial project, we may disclose personal information to:

(a) the principal, head contractor or other person we are obliged to report to; and

(b) any other person involved in the project who has a right to know, as determined by us, acting reasonably.

The provisions of this clause include, but are not limited to, disclosure of personal information and other client data to Procore Technologies Inc. (USA) for Procore products and services.

3.5 Use of Personal Information by Third Parties

Knight Solutions, subject to having complied with its obligations under this Policy, makes no warranty in relation to and will not be liable for any misuse or loss of personal information by third parties to whom Knight Solutions is authorised to provide personal information under this Policy.

4 DIRECT MARKETING

4.1 We may Carry out Direct Marketing

As part of Knight Solutions’ functions and business activities and to promote the services we can provide to our customers, Knight Solutions may be permitted to use personal information about individuals that individuals have provided to Knight Solutions for the purposes of direct marketing. Direct marketing includes, but is not limited to, sending information to and/or contacting individuals in relation to promotions relating to Knight Solutions.

4.2 Opting out of Direct Marketing

All recipients, including individuals, can opt out of receiving direct marketing communications by sending an email to Knight Solutions’ Privacy Officer, at the email address shown in the ‘Contacting us’ section of this Policy.

In any direct marketing communication we remind recipients of their right to opt out of receiving direct marketing communications.

4.3 Third Party Marketing

Knight Solutions does not engage in the practice of selling client information for marketing purposes, but does not warrant that third parties who receive personal information of its clients will not undertake marketing activities with that information. If you experience harassment or spamming from a third party that we have engaged with, please let us know, and we will endeavour to take such action as is reasonably possible for us to take.

5 ANONYMITY AND PSEUDONYMITY

Individuals would generally have the option of dealing with Knight Solutions anonymously. However, this only applies where it is not impracticable for us to deal with individuals acting anonymously or under a pseudonym. For example, individuals making general enquiries of Knight Solutions may do so anonymously or under a pseudonym. However, if the dealing with us is for us to supply goods and services and/or to enter into contractual relations (such as a commercial credit account) with a customer that is the individual or is associated with the individual, then it is impractical for such individuals to deal with us on an anonymous basis or under a pseudonym.

6 WEBSITE AND LINKS

6.1 Knight Solutions’ Websites

Knight Solutions advertises and carries on business through a number of websites pertaining to Knight Solutions, including:

https://www.knight-solutions.com/

and any other website that contains a link to this policy.

6.2 Website Terms and Conditions

(a) Each website of Knight Solutions collects personal information pursuant to this policy except as otherwise stated on the website.

(b) A website may display additional terms and conditions for access and use of the website which apply in addition to this policy.

6.3 Cookies

(a) Knight Solutions collects information from its websites using IP files or “cookies”. When a user visits Knight Solutions’ websites to read, browse or download information, our system will record/log the user’s IP address (the address which identifies the user’s computer on the internet and which is automatically recognised by our web server), date and time of the visit to our website, the pages viewed and any information downloaded.

(b) Cookie information collected will only be used for the purpose of site analysis and to help us offer improved online services. We may automatically collect non-personal information about users such as the type of Internet browsers used or the website from which the user linked to our websites. Individuals cannot be identified from this information and it is only used to assist us in providing an effective service on our websites.

(c) You can stop your browser receiving or accepting cookies at any time, however the use of cookies is necessary for certain functions on our websites to work properly and therefore we cannot assure you that you will be able to access and enjoy all functions of our website.

6.4 Third Party Links

Our websites may contain links to other websites and those third party websites may collect personal information about individuals. We are not responsible for the privacy practices of other businesses or the content of websites that are linked to our websites. Knight Solutions encourage users to be aware when they leave our website and to read the privacy statements of each and every website they frequent.

7 SECURITY AND STORAGE OF INFORMATION

7.1 Our Commitment

Knight Solutions places a great importance on the security of all information associated with our clients and others who deal with us. We have security measures in place to reasonably protect against the loss, misuse, unauthorised access and alteration of personal information and other data under our control.

7.2 Security and storage methods

(a) All personal information and other data held is kept securely and that which is held electronically is held on secure servers in controlled facilities or via cloud based secure platforms.

(b) Information stored within Knight Solutions’ computer systems or by our agents who provide electronic storage facilities can only be accessed by those entrusted with authority and computer network password sanctions.

7.3 Electronic transmissions

No data transmission over the internet can be guaranteed to be absolutely secure. As a result, whilst we strive to protect users' personal information, Knight Solutions cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk. Once Knight Solutions receives a transmission, we make every effort to ensure the security of such transmission on our systems.

7.4 Banking Information and Payment Requests

(a) We will never email you or telephone you requesting your credit card or bank account details except in connection with a purchase that you are making by email or telephone.

(b) In all cases, we recommend that if you receive a communication purported to be from us requesting payment or banking information, we recommend that you separately contact us via our publicly available telephone contact details to verify the authenticity of the request.

7.5 Data Breach and Response

Knight Solutions has developed a data breach response plan which ensures compliance with the mandatory notification requirements of Part IIIC of the Act. Contact Knight Solutions for a copy of this Policy.

8 TRANSFER OF INFORMATION OVERSEAS

8.1 Use of Cloud Services

Knight Solutions may utilise local and overseas cloud services for the purpose of storing information. Your credit information may be disclosed to Knight Solutions’ cloud service provider for that purpose. The country location of our cloud service providers may periodically change.

8.2 Transfer of Information Overseas

Knight Solutions, when engaged to provide services for or in connection with products issued by overseas businesses, may be required to transfer personal information overseas for this purpose. This includes transfer of personal information and client data for Procore products to Procore Technologies Inc. (USA). You consent to our transfer information overseas as part of our terms and conditions with you.

8.3 Other Disclosures

Except as provided above or in connection with the use of cloud services, Knight Solutions are unlikely to disclose personal information of an individual to overseas recipients. Personal information will only be disclosed by Knight Solutions to overseas recipients in accordance with Australian Privacy Principle 8, such as if the disclosure is required by Australian law.

9 ACCESS TO AND CORRECTION OF PERSONAL INFORMATION

9.1 Our Commitment

Knight Solutions is committed to and takes all reasonable steps in respect of maintaining accurate, timely, relevant, complete and appropriate information about our customers, clients and website users.

9.2 Access to Information

(a) Any individual may request access to personal information about them held by Knight Solutions. Such a request for access to personal information is to be made to Knight Solutions’ Privacy Officer, whose details are set out below.

(b) Knight Solutions will respond to any requests for access or correction within a reasonable time of receipt of the request, but by no later than 30 days of the request being received.

(c) Please note that Knight Solutions do require that, as part of any request by an individual for access to personal information, the individual verify their identity so that Knight Solutions may be satisfied that the request for access is being made by the individual concerned.

(d) Please note that Knight Solutions is not required to give an individual access to personal information in circumstances where:

(i) we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or

(ii) giving access would have an unreasonable impact on the privacy of other individuals; or

(iii) the request for access is frivolous or vexatious; or

(iv) the information relates to existing or anticipated legal proceedings between Knight Solutions and the individual, and would not be accessible by the process of discovery in those proceedings; or

(v) giving access would reveal the intentions of Knight Solutions in relation to negotiations with the individual in such a way as to prejudice those negotiations; or

(vi) giving access would be unlawful; or

(vii) denying access is required or authorised by or under an Australian law or a court/ tribunal order; or

(viii) both of the following apply:

(A) Knight Solutions has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to Knight Solutions’ functions or activities has been, is being or may be engaged in;

(B) giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or

(ix) giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

(x) giving access would reveal evaluative information generated within Knight Solutions in connection with a commercially sensitive decision-making process.

(e) If we refuse to provide an individual with access to their personal information or to correct the personal information held by us about them, then we will provide reasons for such refusal. Such reasons will set out the grounds for refusal, the mechanisms available to complain about the refusal and any other matters that are required by the Act.

9.3 Correction of Information

(a)Inaccurate information will be corrected upon receiving advice to this effect. To ensure confidentiality, details of an individual’s personal information will only be passed on to the individual if we are satisfied that the information relates to the individual.

(b) From time to time, and having regard to the purpose of the collection and use of personal information about individuals, we may contact individuals to seek confirmation that the personal information provided to us by the individual is accurate, up-to-date and complete.

10 COMPLAINTS

10.1 Making a Complaint

If an individual has a complaint about this policy or Knight Solutions’ collection, use or safe disposal or destruction of personal information about the individual, any complaint should be directed in the first instance to Knight Solutions’ Privacy Officer at the contact details set out in the ‘Contacting us’ section of this policy.

10.2 Investigation and Resolution Procedure

(a) Upon receiving a complaint we will, within 7 days, give the complainant written notice acknowledging receipt of the complaint and setting out the process of how we will deal with it.

(b) Unless a longer time is agreed by the complainant, we will investigate the complaint and make a decision within 30 days of receipt of the complaint and communicate the decision to the complainant.

(c) We aim to resolve all complaints within 30 days of receipt. If we cannot resolve a complaint within 30 days we will notify the complainant of the reasons and specify a date when we expect a decision or resolution will be made and seek the complainant’s agreement to extend the 30 period – if the complainant does not agree then we may not be able to resolve the complaint.

(d) It may be necessary (and it may be required by the Act), in order to deal with a complaint, to consult with a third party. Further, if, while a complaint remains unresolved, we are disclosing information subject to the complaint to a third party, we may be required to advise the third party about the complaint.

(e) If we find a complaint is justified we will resolve it and do what is required to rectify any breach.

(f) If a complainant is not satisfied with the outcome of Knight Solutions’ internal complaints procedure in respect of Knight Solutions privacy practices then the complainant may refer their complaint to the Office of the Australian Information Commissioner (“OAIC”). The website for the OAIC is: www.oaic.gov.au.

10.3 Complaints Handling Policy

Knight Solutions has a broader complaints handling policy which can be view by request to Knight Solutions.

11 CHANGES TO POLICY

If Knight Solutions decide to or are required to change this policy, we will notify you of such amendments on our websites and post changes on this policy webpage so that users may always be aware of what information is collected by us, how it is used and the way in which information may be disclosed. As a result, please refer back to this policy regularly to review any amendments.

12 CONTACTING US

12.1 Contacting Us

For concerns, complaints or further information regarding this policy and our policies and procedures regarding privacy and data security, please contact us at the following address:

The Privacy Officer – Knight Solutions

Address for postage: PO Box 5069, Mitchelton QLD 4053

Telephone: 1800 719 719

Email: it_admin@knight-solutions.com

We will respond to your enquiry as soon as possible.

12.2 Contacting the OAIC

If you are not satisfied with our response to your enquiry and for more information on privacy legislation, please visit the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.