Privacy Policy

Optalert’s (“we“, “us“, “our“) privacy policy (“Privacy Policy”) sets out the basis on which we collect and process your personal data when you use our website or services, or are otherwise engaged by us.

By visiting optalert.com, (the “Site”) or using our services or apps located at optalertltd.zendesk.com and optalertreports.com, you are accepting and consenting to the practices described in this Privacy Policy.

This Privacy Policy does not apply to any data you provide to us when we process personal data on your behalf. This Privacy Policy does not extend to the use and storage of your data that we may share with our partner third parties, or any other websites and services that may be referenced on our Site.

We will use your personal data in the following circumstances:

  • To fulfil our contractual obligations to you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • To comply with a legal obligation.

If we are required to process your personal data for any other purposes, we will ask for your consent in advance or require that our partners obtain such consent.

Personal Data We Collect

Below details the types of personal data we will collect, use, store and transfer, under categorised groupings. Personal data, or personally identifiable information, means any information about an individual from which that individual can be identified. It does not include data where the identity has been removed (anonymous data).

Failure to provide personal data

Where we are required to collect personal data by law or under the terms of a contract we have with you, if you fail to provide the required data we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a product or service you have with us. We will notify you if this is the case at the time.

How We Use Personal Data

The table below outlines the ways we plan to use your personal data, and the legal bases we rely on to do so, along with what our legitimate interests are where appropriate.

Purpose Type of Data Lawful Basis for Processing
To register you as a customer. Identity, Contact Performance of a contract with you.
To process and deliver your order of our products and services. Identity, Contact, Financial, Transaction, Marketing & Communications. Performance of a contract with you.
Necessary for our legitimate interests (to recover debts due to us).
To manage our relationship with you which will include:
  • Notifying you about changes to our terms, this Privacy Policy, the Site or Services.
  • Asking you to leave a review or take a survey.
Identity, Contact, Profile, Marketing & Communications Performance of a contract with you.
Necessary to comply with a legal obligation.
Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services).
To administer and protect our business and this Site (including troubleshooting, data analysis, testing, systems maintenance , support, updates, reporting and hosting of data). Identity, Contact, Technical Necessary for our legitimate interests (for running our business , provisions of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation group restructuring exercise).
Necessary to comply with a legal obligation.
To deliver relevant Site and Services content and advertisements to you and measure or understand the effectiveness the advertising we serve to you. Identity, Contact, Profile, Usage, Marketing and Communications, Technical Necessary for our legitimate interests (to understand how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).
To use data analytics to improve our Site and Services, marketing, customer relationships and experiences. Technical, Usage Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).
To make suggestions and recommendations to you about goods or services that may be of interest to you. Identity, Contact, Technical, Usage, Profile, Marketing and Communications Necessary for our legitimate interests (to develop our Services and grow our business).

How We Collect Personal Data

  • Direct Interactions: You provide us your Identity, Contact and Financial Data when you fill in website forms or communicate with us by post, phone, email or otherwise.
  • Purchases: You provide us your Identity, Contact, Financial and Transaction Data when you make purchases via our Site or within any Services.
  • Automated Technologies or Interactions: Technical Information is automatically collected when you interact with our Services, Sites or emails. We collect this personal data by using cookies, server logs, web beacons, pixels, and similar technologies about your device, and your use of our Site and Services. We may also receive Technical Data and Location Data about you if you visit other websites employing our cookies. Please see the Cookie section below for further details.

Personal Data From Other Sources

  • Technical Data: from analytics providers, advertising networks and search information providers such as Google and Leadlander.
  • Contact, Transaction and Financial Data: from providers of technical, payment and delivery services such as Stripe.
  • Identity and Contact Data: from providers of chat/communication services with customers including via email such as Zendesk.
  • Email Communications and Contact Data: from providers of email communications service providers such as Mailchimp.

Personal Data We Share

We may share your personal data with the following third parties for the purposes set out in the table above:

  • Any member of our group, which means our subsidiaries.
  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with to provide services.
    • These include IT and system administration services, advertising services, email communications, hosting services, backup services, credit card processing, research, development, marketing, and customer support.
  • Professional advisors acting as service providers to us in relation to the Site or Services.
  • Tax authorities, regulators and other authorities who require reporting of processing activities in certain circumstances.
  • Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others (i.e. Google, LinkedIn).
    • We do not disclose identifiable personal data to our advertisers, but we may provide them with Aggregated Data about our users.
    • We may use Aggregated Data to reach the type of audience they want to target.
    • We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisements to that target audience.
  • Analytics and search engine providers that assist us in the improvement and optimisation of our Site and Services such as Google.
  • Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.

Disclosing Personal Data

We may disclose your personal data to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If we or a member of our group of companies or substantially all of their assets are acquired by a third party, in which case personal data held by them about their customers will be one of the transferred assets.
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions, terms of use and/or any other legal agreements; or to protect our rights, property, safety, our customers or others.
  • We may share Aggregated Data in the normal course of operating our business; for example, with other Site or Services users, our customers or publicly to show trends or benchmark the general use of our Site and Services.

Personal Data We Collect From Other Sources

We also collect personal data about you from publicly available sources. We may combine this information with personal data provided by you. This helps us to identify new customers and develop more tailored advertising to provide services that may be of interest to you. Other personal data we collect includes:

  • Identity and Contact Data: from publicly available sources.
  • Identity, Contact and Profile Data: that is published about you on social media profiles.

We use this for the purposes of targeted advertising, delivering relevant email content, determining eligibility and verifying Contact Data.

Cookies

Our Site uses “persistent” and “session” cookies, to help deliver the functionality of our Site.

  1. Persistent Cookies are stored on a user’s device in between browser sessions, which allows the preferences or actions of a user across the Site (or in some cases across different websites) to be remembered.
  2. Session Cookies allow the Site or Services to link your actions during a browser session. We use session cookies to enable certain features of the Site or Services, better understand how you interact with the Site or Services and monitor aggregate usage by users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site or Services and then close your browser.

We use cookies on our Site and in the Services to analyse website performance, make improvements for better website experiences, and collect data for purposes of advertising (i.e. Google Display Advertising, LinkedIn Advertising). To know more about the cookies we use, their purpose and how to manage them, read our cookie policy. LINK

International Transfers

Your personal data shared on the Site may be stored and processed outside of your country of residence, where data protection rules are different from those of your country of residence, including countries outside of the European Economic Area (”EEA”) or the UK. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this Privacy Policy.

Our Site and Services are accessible via the internet and may potentially be accessed by anyone around the world. This means that where you chose to post your personal data on our Site or within the Services, it could be accessed from anywhere around the world and therefore a transfer of your personal data outside of the EEA or the UK may be deemed to have occurred.

Data Security

Information you provide to us is stored on our secure servers. Any credit card information or payment transactions will be encrypted using SSL technology. We limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

Where we have provided you (or where you have chosen) a password which enables you to access certain parts of the Site or Services, you are responsible for keeping this password confidential. Do not share any passwords with anyone.

We have put in place procedures to deal with any personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

While we will endeavour to protect your personal data, the transmission of information via the Internet is not secure and we cannot guarantee the security of your personal data transmitted to our Site or the Services. Any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

Other Website Links

Our Site and Services may contain links to and from the websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.

Accessing Your Data

You are able to request:

  • Access to your personal data.
  • Rectification or deletion of your personal data.
  • A restriction on the processing of your personal data.
  • Object to the processing of your personal data.
  • A transfer of your personal data (data portability) in a structured, machine-readable and commonly used format.
  • Withdraw your consent to us processing your personal data, at any time.

We will respond queries within 30 days and deal with requests we receive from you. If your request is complex or you have made a number of requests, it may take us longer to complete your request/s. We will notify you and keep you updated if this is the case.

We may refuse to comply with your request or charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

To make a request, please contact us as set out at the end of this Privacy Policy.

Marketing

We may use your Identity, Contact, Technical, Usage and Profile Data to decide which products, services and offers may be relevant for you.

Please note that, if you do not wish to be sent email marketing communications, you may opt-out at any time by clicking the “unsubscribe” link at the bottom of any marketing emails we send.

We may still use your personal information to communicate with you regarding your service or contract with us, in order to meet contractual obligations.

Data Retention

We retain personal data for as long as reasonably necessary to fulfil the purposes for which it was provided or collected. We may retain your personal data for a longer period in the event of a complaint, if we reasonably believe there is a prospect of litigation in respect to our relationship with you, to comply with law enforcement requests, maintain security, prevent fraud and abuse, resolve disputes, enforce our legal agreements, or fulfil your request to “unsubscribe” from further messages from us.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

This will be for as long as we provide access to the Site or Services to you, your account with us remains open or any period set out in any relevant contract you have with us.

We will retain some anonymised information after your account has been closed and we may use this for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Complaints

If you have any complaints about our use of your personal data, please contact us as set out at the end of this Privacy Policy.

Privacy Policy Changes

Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by email.

This Privacy Policy was last updated on 24 August 2022 and this version replaces any other Privacy Policy previously applicable from this date.

Data Controller

For the purposes of EU and UK data protection laws and any applicable national implementing laws, regulations and secondary legislation relating to the processing of personal data (together “Data Protection Law”), the data controller is Optalert Australia Pty Ltd of Level 6, 3 Newton Street, Cremorne, Victoria, Australia.

Contact

If you have any questions, comments or requests regarding our privacy practices or about this Privacy Policy please contact us as follows:

  • By post: Optalert Australia Pty Ltd, Level 6, 3 Newton Street Cremorne, VIC 3121, Australia
  • By email: support@optalert.com