Kwela Solutions Privacy Policy

Last updated: 11 March 2019

At Kwela Solutions Pty Ltd (“Kwela”, “we”, “our”, “us”), we respect the privacy needs of our valued customers and we acknowledge that your Privacy and the protection of your personal information is important to you. This Privacy Policy outlines what specific information is gathered on the Kwela Solutions site and how that information is used. These policies are based on the obligations set out in the Privacy Act 1988 (Cth) (“Act”).

We collect personal information in connection on our website and our customers collect personal information in our product (Folio) which we host. This policy applies to information collected on both our website and in our product.

By voluntarily supplying us with

your personal information, you are agreeing to be bound by this Policy.

Any amendments to this Policy will be notified to you by posting an updated version on our website.

Please note that our website contains links to other websites. When a user has clicked on a link to another site, they leave our site and are no longer protected by this Policy.

Maintaining the privacy of your information is of paramount importance to us as it helps foster confidence, goodwill and stronger relationships with you, our customers. If, at any time, you have questions or concerns about our privacy practices, please feel free contact us at info@kwelasolutions.com.

1 Information Collection and Use

Kwela Solutions collects information that personally identifies you (“personal information”) in some circumstances, for example when you apply for our services or our customers provide your personal information to us so that we can help them communicate with you by email. The types of personal information we collect includes your name, contact details, industry, organisation, title, and information submitted in forms, payment details and enquiry/complaint details.
We also collect information about your interactions and transactions with us, including any through monitoring and recording of any contact we have with you by telephone, email or online for security, dispute resolution and training purposes.
In some circumstances, where it is unreasonable or impracticable to collect information from you, we may collect information about you from third parties including public sources, our related companies, information service providers and the parties with whom we exchange information as described within this Policy. For example, we may collect information from a publicly maintained record. You do not need to provide all the information requested by us, but this may prevent us from providing some or all of our products and/or services to you.
We also store and manage information on behalf of our customers so they can manage contracts and governance requirements in our product, Folio. This includes information about our customers’ suppliers such as email addresses, credentials and other details entered by customers into our systems, which are subject to our Terms of Use but are not otherwise limited or controlled by us. All information provided by you in our product, belongs to you. It is possible that in this respect we could handle sensitive information such as information about professional association membership and credentials. We do not use this information for our own purposes.
We collect and use your personal information provided by you on our website for the following purposes:
1. as a necessary part of providing our products and services to you;
2. to promote and market our products to you and provide you with information that we believe may be of interest to you (unless as directed otherwise);
3. to personalise and customise your experiences with our website;
4. to help us research the needs of our customers and to market our products with a better understanding of your needs and the needs of customers generally;
5. to allow us to provide advertising material to you regarding us, , our customers, and other business partners (unless otherwise directed);
6. maintain and update our records;
7. collect, use and disclose your personal information in connection with suspected fraud, misconduct and unlawful activity; and
8. other purposes related to the above.
We will only use your information for the purposes for which it was collected (“primary purposes”) or a purpose related to the primary purpose, if this would be reasonably expected by you, or otherwise with your consent.
If you are our customer, your personal information is used to create your personal access to our product, and to contact you in the course of using this product. Financial information that is collected is used to verify, identify and to bill either you or your company for products and services, as applicable. Demographic and profile data collected by Kwela Solutions may be used to tailor this website or any requested email communications, and to display information that is more relevant to you. Kwela Solutions also compiles demographic and product use information, but in the aggregate only, and may make that aggregate information publicly available. Under no circumstances will Kwela Solutions make any personal information about an individual user available publicly in this manner.
Your email address is used to only send you information that you have requested. As part of your use of our software, Kwela Solutions allows you to elect to receive, or not receive, certain information from Kwela Solutions. Kwela Solutions adheres strictly to permission-based email policy. Kwela Solutions will not sell, rent, or loan our contact lists or our customer’s contact lists (including customer data) to any outside firms not involved in the provision of Kwela Solutions services, nor will Kwela Solutions use customer supplier lists for our own marketing purposes. All emails that you have requested to receive will have an option to unsubscribe. Unsubscribe requests are fulfilled within minutes and no further communications will be sent to users who have stated that they do not wish to receive the specified information.

2 Disclosure

In accordance with this Privacy Policy, Kwela Solutions may disclose your personal information:
1. where required or authorised by law;
2. to implement the terms of any agreement we have with you;
3. to assist the lawful investigation of a law enforcement authority;
4. where the assets and operations of the business are transferred to another party as a going concern; or
5. as otherwise described in this Privacy Policy.
We may exchange your personal information with our related bodies corporate, your representatives and with our service providers that assist us with auditing, accounting, legal, business consulting, banking or technology services.
We may disclose your information to necessary third parties, who assist us to provide, manage and administer our goods and services. Information provided to third parties will be dealt with in accordance with that entity’s privacy policy. People we may disclose your information to include:
1. third parties that provide goods and services to us or through us;
2. third parties, such as marketing and digital agencies, who may send to you our e-newsletters on our behalf; and
3. our website host or software application providers,

this information may be disclosed to overseas recipients where the third party is located overseas. Disclosure of this information will be in accordance with our obligations under the Privacy Act.

3 Quality, access to & correction of information

You are entitled to have access to and to seek correction of any personal information that we may hold about you. We require that requests for access to or to update or correct your personal information to be in writing outlining the details of your request. Such requests should be addressed to the Privacy Officer via the details provided in this Policy.
We will take appropriate steps to verify your identity (or verify that you act as an authorised agent of the individual concerned) before granting a request to access your personal information.
We will respond to your request for access to your personal information within a reasonable time after you make the request and if access is granted, access will be provided within 30 days of your request. We will, on request, provide you with access to your personal information or update or correct your personal information, unless we are unlawfully excluded from granting your request, including if:
1. giving access would be unlawful;
2. we are required or authorised by law or a court/tribunal order to deny access; or
3. giving access is likely to prejudice one or more enforcement related activities conducted by an enforcement body.
Where your request for access is accepted, we will provide you with access to your personal information in a manner, as requested by you, providing it is reasonable to do so.
Your request for correction will be dealt with within 30 days, or such longer period as agreed by you. If we deny your request, we will provide you with a written notice detailing reasons for the refusal and the process for making a complaint about the refusal to grant your request.
We will accept your request for correction of your personal information where we are satisfied that it is inaccurate, out of date, incomplete, irrelevant or misleading.
Upon accepting a request for correction of your personal information, we will take all steps that are reasonable in the circumstances, having regard to the purpose for which your information is held, to correct your personal information.

4 Website Usage Information

We use your IP address to help diagnose problems with our server, and to administer our website. We do not link your IP address which accesses our website to any personal information. We use tracking information to determine which areas our site users visit based on traffic to those areas. Kwela Solutions does not track what individual users read, but rather how often each page is visited. This helps us maintain a superior and informative website for you.
Cookies are pieces of information that a website transfers to your computer’s hard disk for record keeping purposes. Most web browsers are set to accept cookies. Kwela Solutions uses cookies to make your use of our website and services as convenient as possible. Cookies are useful to estimate our number of visitors and to determine overall traffic patterns through our website.
If you do not wish to receive any cookies you may set your browser to refuse cookies. This may mean you will not be able to take full advantage of Kwela Solutions services.
In some cases third parties may use cookies and other technologies such as web beacons and JavaScript on our website in connection with online services like website analytics and surveys. This may allow them to collect information about your use of our website (including your computer’s IP address) which they may store in other countries. The use of these technologies allows them to evaluate users use of our website and other websites and provide other services relating to website activity and internet usage. Those third parties may also transfer the information they collect to others where required to do so by law, or where those others process the information on their behalf. The services we may use from time to time include Google Analytics, Yahoo, Adobe and Microsoft. You can find more details in the privacy policies for those services, including information on how to opt-out of certain conduct.

5 Security Technology

Kwela Solutions uses Amazon Web Services (“AWS”) with servers based in Sydney, Australia to provide cloud infrastructure and hosting to its Australian customers using our product, Folio. AWS’s world-class, highly secure data centres utilise state-of-the art electronic surveillance and multi-factor access control systems. For full details of AWS current security please refer to http://aws.amazon.com/security/. All data resides in a secure, tightly controlled, secure data centre. Kwela Solutions may process, store and back up its information with the assistance of this provider.
Kwela Solutions does not intentionally disclose personal information related to our Folio product to overseas recipients.
We may need to share some of your information with organisations outside of Australia. Overseas recipients are likely to be located in the United States of America. We may also store your information in networked or electronic systems, such as the cloud. As the cloud can be accessed from various countries through an internet connection, it may not always be practicable to know in which country your information is held. If your information is stored in the cloud, disclosures may occur in countries other than those contemplated above. .
We will not disclose information to an overseas recipient unless:
1. we have taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles,
2. we have obtained consent from the individual, and/or
3. the disclosure is required or permitted by law.
The personal information collected on our website and in our product, will be stored on our electronic data base system and on computers with appropriate back up and security systems. Any personal information which is collected via our product, Folio, is held on our computer systems, is protected by safeguards including physical, technical (including firewalls and SSL encryption) and procedural methods.
We take reasonable steps to hold information securely in electronic or physical form. We are committed to keeping secure you provide to us and we will take all reasonable precautions to protect your personally identifiable information from loss, misuse, interference, unauthorised access or alteration.
We aim to achieve this through:
1. imposing confidentiality requirements on our employees;
2. implementing policies in relation to document security;
3. implementing security measures to govern access to our systems;
4. only providing access to personal information once proper identification has been given;
5. controlling access to our premises; and
6. implementing website protection measures.

6 Recruitment

If you apply for a position with us, we may also collect information about your experience, qualifications, skills, character and screening checks (including identity, eligibility to work, health, reference, background, directorship, financial probity, vocational suitability and criminal record checks). We collect, use and disclose your personal information to assess your application, conduct screening checks and consider and contact you about other positions. We may exchange your personal information with screening check providers, recruiters, academic institutions, health service providers, professional and trade associations, law enforcement agencies, referees and your current and previous employers. Without your personal information we may not be able to progress considering you for positions with us.

7 Dealing with us anonymously

Where lawful and practicable to do so, you can deal with us anonymously or using a pseudonym. You can deal with us anonymously or using a pseudonym when making a general enquiry about the goods and services that we can offer to you including via telephone or our website.

At the time that you purchase our goods, it is no longer practicable for you to deal with us anonymously or using a pseudonym.

8 Complaints

If you believe that we have breached a term of this Policy or the Act, you may submit a written complaint. The written complain can be emailed or posted to us using the contact details set out below. You must include contact details for us to contact you regarding your complaint.

Our Privacy Officer will consider your complaint and respond as soon as reasonably possible, but not more than 30 days from receiving the complaint.

If you are unsatisfied with the outcome of your complaint you may refer your complaint to the Office of the Australian Information Commissioner to be resolved.

9 Contacting Kwela Solutions about Privacy

If you wish to:

gain access to your personal information;
make a complaint about a breach of your privacy;
contact us with a query about how your information is collected or used;
contact us regarding any other matter concerning this Policy,

you can speak directly with our staff who will do their best to try to resolve your issue as simply as possible. Alternatively, you can write to us or send us an email so that our Privacy Officer can consider the matter. We will respond to you as soon as reasonably possible.

If you do not wish to receive direct marketing from us, please contact our Privacy Officer via the details below. Our contact details are as follows:

Privacy Officer Contact: Kim Wilson
Phone: 02 82834375
Email: privacy@kwelasolutions.com
Postal address: Suite 203, 15 Belvoir St, Surry Hills NSW 2010

For more information on privacy see the Office of the Australian Information Commissioner’s website at: http://www.oaic.gov.au.