TSUNO PRIVACY POLICY

TSUNO endeavours to comply with:

• the Australian state and commonwealth privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (if the User is not an EU Entity); and
• the GDPR (if an EU Entity),

(collectively, “Privacy Laws”)

TSUNO is committed to protecting its website users' privacy and continuing to provide products in a confidential and safe manner.

This Privacy Policy summarises how TSUNO handles personal information concerning:

• any official TSUNO website, web/cloud-based application (“Website”), including any forms on the Website;
• any stand-alone TSUNO application ("App");
• any software used to provide the Website; and
• any services provided by or to a User through the Website or the App,

(collectively, “Platform”).

TSUNO will respect and keep secure all personal and sensitive information provided to TSUNO by users and clients of its Platform (individually and collectively, “User/s”) per applicable privacy laws and this Privacy Policy.

By downloading, installing or continuing to use the Platform, a User:

• acknowledges acceptance of; and
• consents to the collect, use, store, process and disclose a User’s personal information, per this Privacy Policy, which is updated from time to time.

Information TSUNO collects and holds

Personal Information

Definition [non-EU]

If the User is not an EU Entity, "personal information" is defined by the Privacy Act 1988 (Cth) as “information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in a material form or not.”

Definition [EU-only]

If the User is an EU Entity, "personal information" is defined as “any data that can be used to identify a living person directly or indirectly”.

Occasionally, TSUNO may collect certain of a User's personal information. TSUNO only collects personal information that is reasonably necessary for or related to TSUNO’s business or to facilitate the use of the Platform by Users.

The kind of information TSUNO collects will depend on a User's relationship with TSUNO (e.g. as a Platform user, customer, business partner, employee or contractor).

Generally, the only personal information TSUNO collects about a User is that information which a User chooses to disclose to TSUNO or which a User authorises TSUNO to obtain.

The type of information TSUNO collects may include a User/User’s:

• name and contact information (including telephone and mobile number, email address and residential and postal address);
• individual information (including age, gender, race, ethnicity, place of birth, language(s) spoken, personality type, disabilities, photographic identification, criminal history record and drug toxicology reports, membership or affiliation with an industry union);
• social media information (including Instagram, Facebook, websites and other like services)
• payment and transactional information (including banking, credit card and PayPal details
• related business/company name and contact information (including ABN/ACN, business name, company contact, telephone and fax number, email address and registered, postal and business address);
• residential/work address
• photographs
• geographic location
• hardware/browser/software used to access the Platform
• IP addresses
• search terms and pages visited on our website
• date and time when pages were accessed
• downloads, time spent on a page, and bounce rate
• referring domain and out link if applicable
• device screen size
• other information as reasonably required for any purpose in connection with [CLEINT]’s business (including information contained in communications between a User and TSUNO or forms or other documents provided to TSUNO by a User and any information TSUNO or required to collect by law)

Sensitive Information

Sensitive information is a special category of the most sensitive personal information, including racial or ethnic origin, political opinion, police record, health and disability information, etc.

TSUNO does not collect sensitive information.

Indirect collection

In the course of handling and resolving a complaint, data breach notification, review or investigation, TSUNO may collect personal information (including sensitive information) about a User indirectly from publicly available sources or from third parties such as:

• a User’s authorised representative, if the User has one
• applicants, complainants, respondents to a complaint, investigation, application or data breach notification or the third parties’ employees and witnesses.

TSUNO may also collect personal information from publicly available sources to enable us to contact stakeholders interested in TSUNO’s business.

Social networking services

TSUNO may use social media services such as Twitter, Facebook and YouTube to communicate with the public about TSUNO’s business.

When a User communicates with TSUNO using social media services, TSUNO may collect such User’s personal information, but TSUNO only uses it to help us communicate with the User and the public.

The social media service will also handle a User’s personal information for its own purposes. These services have their own privacy policies.

Credit card details

TSUNO does not collect or store credit card numbers. However, TSUNO may directly or indirectly (through payment provider) collect or store a User’s credit card numbers to pay for goods and services provided by TSUNO to the User or at the User’s request.

How TSUNO collects and holds personal information

Where possible, TSUNO will collect a User's personal information directly from a User, but information may also be collected via:

• IP loggers;
• IP addresses;
• cookies
• social media;
• wi-fi routers; and
• GPS devices

Personal and sensitive information may be collected from a User when a User provides it to TSUNO directly.

TSUNO has established appropriate physical, electronic and managerial procedures to safeguard any information it collects. This helps prevent unauthorised access, maintain data accuracy and ensure that the information is used correctly.

All data transferred to and from TSUNO's servers is encrypted, and a firewall is in place to prevent intrusion. All data stored within TSUNO’s systems is designed only to be able to be accessed by authorised TSUNO officers, employees, contractors and the relevant hosting facility.

The purposes for which TSUNO collects, holds, uses and discloses personal information.

TSUNO collects personal information that TSUNO considers relevant to provide TSUNO’s services or the Platform.

TSUNO will not use or disclose personal information collected about an individual for the purposes of direct marketing unless the individual has given TSUNO consent to do so.
TSUNO will not disclose any personal information to any third-party overseas recipients unless the individual has given TSUNO consent.

Some of the ways TSUNO uses personal information include to:

• communicate with a User and others as part of TSUNO’s business
• enable TSUNO to provide a product
• personalise a User's TSUNO user experience
• send a User information regarding changes to TSUNO’s policies, other terms and conditions, online services and other administrative issues
• manage accounts and perform other administrative and operational tasks (including risk management, systems development and testing, credit scoring and staff training, collecting debts and market or client satisfaction research)
• prevent, detect and investigate crime, including fraud and money laundering, and analyse and manage other commercial risks
• verify information given to TSUNO
• to identify a User when the User contacts us
• carry out market research and analysis, including satisfaction surveys
• provide marketing information to a User (including information about other products and services offered by selected third-party partners) in preferences a User has expressed
• manage TSUNO’s infrastructure and business operations and comply with internal policies and procedures, including those relating to auditing accounting billing and collections IT systems data and website hosting business continuity and records, document and print management
• process payments, refunds, replacements and repairs
• resolve complaints and handle requests for data access or correction
• comply with applicable laws and regulatory obligations (including laws outside a User's country of residence), such as those relating to anti-money laundering, sanctions and anti-terrorism
• comply with legal processes and respond to requests from public and governmental authorities (outside a User's country of residence)
• establish and defend legal rights, protect TSUNO’s operations or those of any of TSUNO-group companies or insurance business partners, TSUNO’s rights or property and/or that of TSUNO-group companies, a User or others and pursue available remedies or limit TSUNO’ damages

To whom does TSUNO disclose a User's personal information?

TSUNO may disclose a User's personal information to:

• the User
• government authorities (where required by law including workers compensation laws)
• third parties involved in court action (where required by law)
• other parties that provide support services to TSUNO, including support services, merchant services, and marketing programs to market TSUNO products only
• third party professional advisers
• potential business partners or purchasers
• any other persons contemplated by this Privacy Policy

What happens if a User doesn't provide personal or sensitive information?

If a User does not provide some or all of the information requested, TSUNO may not be able to provide TSUNO’s products, permit a User to open or use a user account or give a User access to the Platform.

Using a pseudonym or engaging with TSUNO anonymously

Where practicable, Uers will be given the opportunity to engage with TSUNO anonymously or using a pseudonym. However, due to the nature of TSUNO’s services, pseudonym anonymity will not be possible in most cases.

Miscellaneous

Website cookies and usage information

When a User accesses TSUNO’s Platform, TSUNO may use software embedded in TSUNO’s Platform, and TSUNO may place small data files (or cookies) on a User's computer or other device to collect information about which pages a User views, how a User reach those pages, what a User does when a User visits a page, the length of time a User remains on the page and how TSUNO performs in providing content to a User. A cookie does not identify individuals personally, but it does identify computers.

A User can set a User's browser to notify a User when a User receives a cookie, and this will provide a User with an opportunity to either accept or reject it in each instance.
TSUNO may gather a User's IP address as part of TSUNO’s business activities and assist with any operational difficulties or support issues with TSUNO’s services. This information does not identify a User personally.

External links

The Platform may contain links to other websites. When a User accesses these links, TSUNO recommends that a User read the website owner's privacy statement before disclosing a User's personal information. TSUNO does not accept responsibility for inappropriate use, collection, storage or disclosure of a User's personal information collected outside TSUNO’s Platform.

Storage

TSUNO will take reasonable steps to protect a User’s personal information and to protect such information from loss, misuse, and unauthorised access, use, modification, disclosure, alteration, or destruction.

However, electronic transmission of information is never completely secure or error-free. As a result, TSUNO cannot ensure or warrant the security of any information electronically transmitted by a User and a User provides their personal information at their own risk. To the maximum extent provided by the relevant laws, TSUNO is not responsible or liable for the electronic transmission of personal information to TSUNO or to third parties.

Cross-border disclosures of a User's personal information

TSUNO does currently use off-shore service providers with regard to storage of personal information data including email services, support service and telephonic services. TSUNO reserves the right to use data hosting facilities and third-party service providers both in Australia and overseas to assist TSUNO with providing our goods and services.

Right to opt out of personal information use

TSUNO will comply with any request from a User to process or cease using their personal information data as soon as practicable.

Unless a User specifically opts-out of use of personal information for marketing purposes, TSUNO will assume TSUNO has a User's implied consent to receive similar information and communications in the future.

Right to rectification

TSUNO has obligations to take reasonable steps to correct personal information held by TSUNO if TSUNO is satisfied that it is inaccurate, out-of-date, incomplete, irrelevant or misleading for the purpose for which it is held.

TSUNO will comply with any user's request to update and/or correct their personal information data within 28 days.

TSUNO may take reasonable steps to verify a User's identity before making such changes.

In cases where the information was provided by a third party, TSUNO may be unable to correct it, and a User may have to contact the third party that gave the information to TSUNO.

Right of access [EU only]

If the User is an EU Entity, TSUNO will comply with any request from a User to access their personal information data erased within 28 days.

Right to erasure [EU only]

If the User is an EU Entity, TSUNO will comply with any request from a User to object to have their personal information data erased within 28 days.

Right to data portability [EU only]

If the User is an EU Entity, TSUNO will comply with any request from a User to obtain and/or use their personal information data for their own purposes within 28 days.

Policy changes

TSUNO may revise this Privacy Policy occasionally by updating this page. The revised Policy will take effect when it is posted on TSUNO’s Website, implemented in the Platform or otherwise communicated to a User. TSUNO suggests that Users review TSUNO’s Privacy Policy regularly.

Applicable law

This agreement is governed by and construed in accordance with the laws of Victoria, Australia.

The User irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia.

If any provision of this agreement is found invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

Definitions

In this Privacy Policy:

“TSUNO” means TSUNO PTY LTD [ACN 611788884] and any "Related Body Corporate" within the meaning of Section 50 of the Corporations Act 2001 (Cth).

"EU Entity" means a User that:
a. is incorporated; or
b. ordinarily resides (wholly or partly),
in a European Union member state occasionally.

“GDPR” means the EU General Data Protection Regulation.

Contacting TSUNO

To exercise a right under this Privacy Policy, make further inquiries or complain about a breach of the law (including the Australian Privacy Principles or a registered Australian Privacy Principles code, if applicable), a User should contact TSUNO as follows:

The Privacy Officer
PO Box 2077, Fitzroy Vic 3065, Australia
Email: hello@tsuno.com.au

TSUNO takes all complaints regarding the privacy of information seriously and will respond to any inquiries within a reasonable time.