Australian Privacy Policy.

1. Introduction

We are committed to your data privacy. This Privacy Policy details the information we collect about you, and outlines the steps we take to protect the information you entrust to us.

Some of the ways in which we collect, use and disclose personal information only apply to specific activities within our business (for instance, if you are user of our Services, the parts of this policy which refer to how we deal with information provided by job applicants or our service providers may not be relevant to you). We have specifically identified where this is the case throughout this policy.

If you are employed by us, this Privacy Policy does not apply to the handling of your employee records relating to your employment with us, unless otherwise provided by the Privacy Act.

We may update our Privacy Policy from time to time. We advise you to review this page periodically for any changes. Updates become effective immediately, after they are posted on this page.

This Privacy Policy was last updated in November 2017.

2. Words with specific meanings

The words in bold below have a specific meaning when used in this policy:

APPs means the Australian Privacy Principles in the Privacy Act.

personal information means information or an opinion about an identified individual or an individual who is reasonably identifiable:

• whether the information or opinion is true or not; and
• whether the information or opinion is recorded in a material form or not.

Privacy Act means the Privacy Act 1988 (Cth).

sensitive information means information or an opinion about your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information, genetic information other than health information, biometric information for automated verification or identification purposes and biometric templates.

Services means the services we provide or make available to you from time to time, including without limitation our website (www.lifelenz.com) and the companion LIFELENZ iOS and Android applications.

We, our, or us means Positive Circularity Pty Ltd (ACN 616 301 538), Positive Circularity, Inc (incorporated in Delaware, USA), Positive Circularity Ltd (United Kingdom company number 10642761) and each of our related bodies corporate, and our group means each and any two or more of us.

You or your means individuals who we collect or hold personal information about, such as users of our Services, our own service providers and other contractors, job applicants and any other individuals who we receive or hold personal information about.

3. What information do we collect and how do we collect it?

If you are a user of our Services, we collect:

• Information which you submit to us to enable you to become a user of our Services, such as:
  • during employee registration with LIFELENZ, basic mandatory information such as: name, email, and contact information and login username and password
  • during employer registration with LIFELENZ, information such as: employee invitation records, shift/schedule details
• Information collected or generated by us based on your use of our Services, such as:
  • work offer requests & work offer responses, labour hours, time records, shift swap requests & responses, conversations between employees or between employee and employer and other actions you perform through our Services
  • schedules, shifts, tasks, forms, notices, documents, sites, stations, messages, notifications, union membership (if you choose to provide this) and other information which you upload or provide during your use of the Services
  • transactional information, such as your subscription status, pages visited, data volumes transferred, shifts offered, response times, number of notifications, your usage and preference details, such as types of services accessed, your preferences, which advertisements or coupons you have viewed, and the settings you have chosen
• Information about you provided by others in connection with your use of our Services, such as:
  • details of your interactions with other users of our Services (for example, other users’ compliments or complaints about you or your use of our Services and/or details of any disputes in connection with our Services)
  • information about other goods or services you acquired from our business partners or affiliates using our Services or in connection with your use of our Services (for example, our business partners may confirm to us that a particular product or service was purchased by you as a result of a promotion or referral program run through our Services)
• Depending on your device settings and permissions and how you use our Services, we may also collect information from each device you use to access our Services, such as:
  • your location, based on your GPS position, WiFi or IP address or indirectly from confirmation of your attendance at particular shifts by your employer
  • details from your address book or calendar connected with your use of our Services, such as your attendance at a particular shift or to facilitate social interactions with other users of our Services
• Other technical and log information received from your device when you use our Services, such as:
  • LIFELENZ performance or crash logs and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services
  • your device’s IP address, iOS or Android version, model name and number and your device’s anonymous notification token (if you enable push notifications)
  • cookies (please see separate section below)

If your employer or potential employer invites you to use our Services:

• That employer may provide us with your email address (in order for us to send you an invitation to register for use of our Services in connection with your employment)

We also generally collect:

• Other personal details which are necessary to enable us to deal with you when you interact with us in person, electronically or via telephone (such as your name, date of birth, physical or postal address, email address, telephone number, and billing and credit card details)
• Information which you provide to us upon request in connection with:
  • goods or services which we offer or provide to you
  • goods or services which we obtain from you or which we are considering obtaining from you
• Information about you from other sources which is connected with our activities, Services or our relationship with you, such as information from:
  • publicly available sources
  • our IT and marketing service providers

If you are applying for a job or contract with us, we may also collect information in connection with that application, such as:

• Information you provide to us such as your previous employment history, tax file number, next of kin, skills or competency information, documentary proof of your right to work in Australia or elsewhere, driver’s licence, bank account and superannuation details
• Information or opinions about your trade or employment history from any references you have consented to us contacting for the purpose of providing you with a reference
• Sensitive information which you provide to us which we consider relevant to our assessment of your application, such as your membership in any trade or professional association

We will not collect sensitive information about you unless you have given us your consent. We will assume you consent to us collecting sensitive information which you provide to us directly (e.g. information you submit via LIFELENZ), unless you tell us otherwise.

4. Cookies

A cookie is a data file that a website, app, advertisement or other form of digital media transfers to your computer or device. This enables tracking of the pages you have visited. A cookie only contains information you supply. It cannot read data on your computer. Our Services use cookies. You can set your browser to refuse cookies; however, this may mean you are unable to take full advantage of our Services.

We use cookies to authenticate users of our Services, streamline your use of our Services by remembering certain details, to measure effectiveness and reach of our marketing and other communications and to analyse data, trends and preferences of individuals who interact with us.

We may also engage third parties to collect and use cookies on our behalf in order to provide us with analytics services, to deliver advertising communications and to track and report on the effectiveness of such communications. These entities may use cookies and other technologies to identify your device when you use our Services, as well as when you visit other online sites and services.

5. What purposes do we collect, use and hold personal information for?

Unless you consent to us using your personal information for another purpose, or we are required or authorised to use your personal information by law, your personal information will only be used for the purposes for which it was provided (primary purpose) or for a purpose related (or, in the case of sensitive information, directly related) to the primary purpose (secondary purpose).

Some of the common primary purposes we collect personal information for are detailed below.

If you are using (or considering using) our Services, we may use your information:

• to send you an invitation to use our Services (for example, when your employer or potential employer invites you to use our Services, we may send you an invitation)
• to enable us to operate, maintain, improve and provide you with access to the functionality and features of our Services (e.g. in order for you to create or update your CV, to request shifts, to find employers or employees)
• to analyse data to ensure appropriate service levels are being achieved and to notify you of future changes and improvements to our Services
• to provide you with customer or technical support (e.g. by contacting you via email address)
• to facilitate social interactions between you and other users of our Services (such as employers)
• if you have opted-in to receive advertising or coupons through the LIFELENZ app, to enable third parties to provide you with advertising or coupons in relation to offers for goods or services
• to provide you with other direct marketing communications regarding offers of goods and/or services which we consider you may be interested in, unless you have opted-out of receiving such communications or such information is sensitive information (in which case we will only use that information for direct marketing purposes if you have consented to that use)

If you are applying for a job or contract with us, we may also use your personal information:

• to assess and determine your eligibility or suitability for a job or contract with us
• to, with your permission, contact professional or other reference(s) you have provided in connection with a job application to discuss your experience/employment

We may also use your personal information for purposes connected with our business such as:

• for our internal management purposes, to manage our relationship with you and to manage the payment and recovery of amounts payable to us by you
• to enable us to conduct our business generally, such as notifying our insurers, quality assurance, internal teaching and data processing and handling and in connection with any potential sale of our business and for other purposes which are reasonably necessary in connection with our normal functions and activities

We may also use de-identified personal information for marketing, analytics and user trend research purposes.

6. Who do we disclose your personal information to and why?

Generally, we may disclose your personal information:

• to any person you consent to us providing such information to, for the purpose(s) for which you consented and any related purpose (e.g. when you create a LIFELENZ account, you consent to us providing your details to other LIFELENZ employees and employers to enable them to assess your suitability for a job, to contact you about jobs, to manage your shifts and other related features in the app)
• to third parties to enable them to send you advertisements or coupons via the LIFELENZ app (if you have opted-in to receiving these things through LIFELENZ)
• to third parties who may wish to contact you regarding offers of goods and/or services which you may be interested in, unless you have opted-out of receiving such marketing communications
• to staff and other members of our group (e.g. for data processing, marketing and administrative purposes)
• to our third party service providers, advisers and contractors who assist us in operating our business (e.g. our IT service providers, financial and legal advisers) or who assist us in providing services to you (e.g. our contracted marketing or customer support personnel)
• to our legal advisers in connection with any anticipated or actual legal proceedings
• to any business who is partnering or considering partnering with us
• to a third party and its advisers as part of a sale or transfer of our business to that third party
• to any person we are required or authorised by law to disclose your personal information to (e.g. a court or tribunal or to a police service)

If you are applying for a job or contract with us, we may also disclose your personal information:

• to any professional or personal reference(s) you provide in connection with your job or contract application to the extent necessary for us to consider your application
• to our insurers for our own insurance purposes

7. Do we disclose to overseas recipients?

We may disclose your personal information to overseas recipients. These overseas recipients we ordinarily disclose personal information to are located in the United Kingdom and the United States of America and assist us with data processing and IT support services. There may be times where we disclose your personal information to overseas recipients located in other countries on an ad-hoc basis (e.g. to a recipient located in an overseas country to assist us with providing a service to you in that country).

8. How do we store and secure your personal information?

We generally hold your personal information in electronic format, although we may also hold it in paper format from time to time.

We take reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure, including through implementation of a range of security technologies, systems, and processes to protect data from unauthorised access including using encrypted, password protected, controlled-access digital storage solutions as well as keeping paper forms in secure filing systems.

Whilst we do our utmost to protect data, no Internet-based system can provide a 100% security guarantee. In the event of a data breach, we will take every necessary action to investigate and remedy in accordance with the Privacy Act and any other applicable laws.

Please note that it is your responsibility to ensure that your LIFELENZ user credentials are kept secure, and not shared with others.

We require that our contracted service providers who assist us in supplying services to you, and to which we disclose your personal information, have in place reasonable safeguards for protecting personal information or are subject to contractual obligations equivalent to the APPs.

9. Dealing with us anonymously

You have the option of not identifying yourself or using a pseudonym when dealing with us unless we are required by law or a court or tribunal to deal with individuals who have identified themselves or it is impractical for us to deal with you if you have not identified yourself.

10. Children’s privacy

Our Services are not intended for use by children. We do not knowingly collect personal information from anyone under the age of 13. In the event we are informed that a child has provided such information, this will be deleted from our servers. If you are a parent or guardian and aware that your child has provided such information, please contact us using the details below and we will take any necessary actions.

11. Accuracy of your personal information

While we will endeavor to ensure that the personal information collected from you is up to date, accurate and complete, we will assume that any personal information provided by you does not include errors and omissions. You may request that we update or vary personal information that we hold about you using the contact details set out below.

12. Requesting access to, or deletion of, your information

You may obtain access to personal information which we hold about you by contacting us using the contact details set out below. When you request copies of your personal information held by us we will endeavour to provide you with such personal information as soon as reasonably practicable, provided however that there may be occasions when access to personal information we hold about you is denied. Such occasions would include where release of the information would have an unreasonable impact on the privacy of others.

We may require you to verify your identity and specify what information you require. We will give you reasons if we deny access. We will retain your information for as long as it is necessary to provide you with our Services.

13. Making a complaint about a breach of your privacy rights

If you are of the view we have breached the APPs, the Privacy Act, or any related privacy code in dealing with your personal information, you may make a complaint by writing to us using the contact details set out below and we will endeavour to provide you with confirmation as to how we propose to deal with the complaint as soon as reasonably practicable.

You may also make a complaint directly to the Office of the Australian Information Commissioner by visiting the Commissioner’s website and following the instructions.

14. Contact us

If you have any privacy related queries or wish to request access to your personal information or make a complaint about possible breaches of privacy, please contact us at:

Positive Circularity Pty Ltd
Level 11, 100 King William Street
Adelaide SA 5000
Telephone: +61 08 8110 5800
Email: privacy@lifelenz.com