Privacy Policy

JULY 25 2022

Contents

2. Our Commitment

We are committed to protecting your privacy. We collect, use, share, process, and manage Personal Information only as reasonably necessary for carrying out our functions and activities. We will handle your personal information in an open and transparent way in accordance with this Privacy Policy.

3. What does this Privacy Policy cover?

This Privacy Policy explains how we collect, handle, store and protect your personal information.

4. Meaning of words used in this Privacy Policy

In this Privacy Policy the terms listed have the following meanings:

Torqn, we, us, our
   Torqn Pty Limited (ACN  639 032 198).

Personal Information
  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
  Privacy Act 1988 including the Australian Privacy Principles in Schedule 1 of that Act.

  1. (a)  information or an opinion about an individual’s:
  2. ~~i.  racial or ethnic origin; or
  3. ~~ii.   political opinions; or
  4. ~~iii.  membership of a political association; or
  5. ~~iv.  religious beliefs or affiliations; or
  6. ~~v.  philosophical beliefs; or
  7. ~~vi.  membership of a professional or trade association; or
  8. ~~vii.  membership of a trade union; or
  9. ~~viii.  sexual orientation or practices; or
  10. ~~ix.  criminal record;
  11. that is also Personal Information; or
  12. (b)  health information about an individual; or
  13. (c)  genetic information about an individual that is not otherwise health information; or
  14. (d)  biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
  15. (e)  biometric templates.

Torqn
  means the Torqn App created and provided by Torqn.

5. What privacy law applies to us?

We comply with the Privacy Act 1988 (Cth) including the Australian Privacy Principles (APPs) in Schedule 1 of that Act.

6. How do we collect personal information?

We collect Personal Information by lawful and fair means.

We will collect Personal Information directly from the individual that is the subject of the information unless the individual has consented to collection of his or her personal information from a third party, where it is unreasonable or impractical to make a direct collection and/or where we are required or authorised by law to collect his or her information from a third party.

We may collect Personal Information when you or your organisation:

  • Downloads the Torqn and registers you to become a member
  • Downloads the Torqn and registers you to become a member
  • Visits us and or meets with our representatives,
  • Communicates with us, including by physical post, email, social media, telephone, text message or fax,
  • Visits us or an event website that displays or links to this Policy,
  • Enquirers regarding, registers to attend, presents at or otherwise participates in a meeting, conference or event hosted or presented by us,
  • Applies for work or employment or works with us,
  • Offers to supply or supplies goods or services to us, and/or
  • Engages us to provide services.

We may be required to collect and process Personal Information by law. For example, the Income Tax Act 1997 (Cth) requires tax records to be kept, section 286 of the Corporations Act 2001 (Cth) requires the keeping of certain financial records and the Fair Work Act 2009 (Cth) requires certain documents in relation to employment to be created and retained .

7. What personal information do we collect?

In general terms, we collect names, addresses, contact details, job titles, subject interests, services obtained, offered and supplied including usage history including information about the time, place, and circumstances of our interactions with you. We also collect statistics related to your activity on Torqn and may infer information about you from your activity.

7. (i) Information we collect from employees

We collect personal information about employees from job applicants, referees, educational and professional associations and other official sources when hiring and during work. We may also collect back account details, health information, family and emergency contact information for the purpose of maintaining the employment relationship.

7. (ii) Information we collect from third-party service providers

We collect personal information including job titles, area of responsibility, contact details and bank account details from suppliers, contractors and third-party service providers that we engage to help us operate our business.

7. (iii) Information we collect via this Platform (Log information, cookies, and web beacons)

We may collect personal contact details from you when you use this platform. For example, if you sign up to receive promotional materials, thought leadership or communications services provided by us.

To improve your experience when you use this platform and ensure that it is functioning effectively, we also use cookies (small text files stored in a user’s browser) and Web beacons (electronic images that allow this website to count visitors who have accessed a particular page and to access certain cookies). If you provide us with your contact details when you use our platform we may be able to associate those contact details with a cookie and thereby with your browsing history.

The information we collect from your browsing activities can be managed through the settings on your browser. If you block all cookies using your browser settings some services available from our platform may not work.

7. (iv) Information collected by third parties when you use our services

We use application programming interfaces (API) and tokens embedded in URLs to provide access to third party content as part of our services. For access to content on YouTube we use YouTube API Services. The YouTube API allows us to accesses, collect, store and otherwise use data, content (including audio-visual content) and information related to your interaction with YouTube (API Data).

You can view YouTube’s Terms of Service here: https://www.youtube.com/t/terms  

The operation of YouTube API Services is subject to the Google Privacy Policy which you can view here: http://www.google.com/policies/privacy

If you expressly authorize Torqn to access or otherwise use API Data in addition to requesting that we cease to access or hold that information  you can revoke assess via the Google Security setting page at https://security.google.com/
settings/security/permissions

8. Purposes of collection of Personal Information

We collect and use Personal Information to carry out our activities and functions including maintaining and improving the operation of Torqn, collecting managing and commercialising information from Torqn, conducting research, holding meetings, seminars, events and for administration purposes. Some Personal Information is collected for the purpose of targeted communications and promotion.

We will only use personal information only for the primary purpose for which it was collected and for any secondary purpose if the individual would reasonably expect and the purpose is related to the primary purpose of collection. In the case of Sensitive Information any secondary purpose will be one that  you would reasonably expect and directly related to the primary purpose of collection.

We may use personal information to create anonymous data  and publish or share anonymous usage data on a commercial basis or in order to improve its services, products and operations.

We may use your personal information collected via Torqn:

  • To provide machine manufacturers, distributors and workshops with user information, experience, feedback and technical insights;
  • To manage and improve the Torqn;
  • To tailor the design, layout and functioning of Torqn  to provide you with a more personalised experience and draw your attention to information about our services that we feel may be of interest to you;
  • To seek feedback on our services; and
  • For market or other research purposes (however, we will only ever report aggregated results of any research we undertake and will not include your personal information in those results unless we have your express consent).

If you do not want to receive marketingmaterials from us, you can Click on the unsubscribe function in thecommunication; or

Information you submit via Torqn will be used to manage your request and to customise and improve Torqn and related services offered to you, other members and customers of Torqn. You may request at any time that we discontinue sending you email, or other communications generated in response to your registration on this platform.

9. Disclosure of Personal Information

We do not share your personal information with any third parties except:

  • With your express permission, perhaps as part of a promotion, event, seminar or celebration.
  • With contracted service providers in order to organise or facilitate the efficient and effective administration, management or delivery of services on the basis that the service provider may not use or disclose your personal information for any other purpose.

9. (i) Social media

If you provide personal information to an online community, forum, blog or chat room on the platform, it may be read, collected and used by others who visit these forums, depending on the account settings selected by the individual.

9. (ii) Permission under law

We may use or disclose Personal Information in circumstances expressly permitted by the Privacy Act, including where:

  • It is not reasonable or practical to obtain consent and we reasonably believe use or disclosure is necessary to lessen or prevent a serious threat to life, health, or safety of any individual or public health and safety
  • We have reason to suspect that unlawful activity or misconduct of a serious nature that relates to our activities or functions is being or has been engaged in and we believe the collection, use or disclosure is necessary to take appropriate action in relation to the matter, or
  • We reasonably believe that the collection, use or disclosure is reasonably necessary to assist with the location of a person reported missing.

We may also disclose Personal Information when compelled by law including by warrant or subpoena and/or required by lawful order of a government authority

10. Business Transactions

If we are involved in a merger, acquisition or asset sale, your personal information may be disclosed in confidence as part of a due diligence process and may be transferred to the new owner. We will provide notice before your personal information is transferred and becomes subject to a different Privacy Policy.

11. Marketing

We may provide you with information and/or offers from third-parties. We will not disclose your personal information to third parties to you without your consent.

12. How do we protect your information?

We hold personal information in hard copy and electronic formats. We take reasonable steps to prevent unauthorised access, disclosure, alteration, destruction or loss of Personal Information including by using  a range of physical, operational and technological security measures to protect this information. These measures include:

  • Staff education and training to ensure our staff are aware of their privacy obligations when handling your personal information;
  • Administrative and technical controls to restrict access to personal information to only those people who need access;
  • Technological security measures, including fire walls, encryption and anti-virus software;

When we consider that Personal Information is no longer needed for any purpose for which the information may be used or disclosed in accordance with this Policy and that we are not required by law or court order to retain the Personal Information, we will take reasonable steps to destroy or de-identify the information.

13. Can your personal information be accessed offshore?

We hold personal information in hard copy and electronic formats. We take reasonable steps to prevent unauthorised access, disclosure, alteration, destruction or loss of Personal Information including by using  a range of physical, operational and technological security measures to protect this information. These measures include:

  • Staff education and training to ensure our staff are aware of their privacy obligations when handling your personal information;
  • Administrative and technical controls to restrict access to personal information to only those people who need access;
  • Technological security measures, including fire walls, encryption and anti-virus software;

When we consider that Personal Information is no longer needed for any purpose for which the information may be used or disclosed in accordance with this Policy and that we are not required by law or court order to retain the Personal Information, we will take reasonable steps to destroy or de-identify the information.

14. How you can access and correction your personal information

We will respond to inquiries from an individual regarding whether we hold any Personal Information relating to that individual and will allow access to and correction of any such Personal Information subject to the conditions and limitations set out in the Privacy Act including:

  • If 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;
  • Giving access would have an unreasonable impact on the privacy of other individuals;
  • The request for access is frivolous or vexatious;
  • The information relates to existing or anticipated legal proceedings between the organisation and the individual, and would not be accessible by the process of discovery in those proceedings;
  • Giving access would reveal the intentions of the organisation in relation to negotiations with the individual in such a way as to prejudice those negotiations;
  • Giving access would be unlawful;
  • Denying access is required or authorised by or under an Australian law or a court/tribunal order;
  • The organisation has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to the organisation’s functions or activities has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
  • Giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
  • Giving access would reveal evaluative information generated within the organisation in connection with a commercially sensitive decision making process

15. How you can make an inquiry or lodge a complaint

All privacy-related inquiries are handled by our Privacy Officer.

You can contact our Privacy Officer by email at privacy@torqn.com

If you have any concerns regarding our management of your Personal information, including any possible interference with your privacy, please contact the Torqn Privacy Officer setting out in writing the details of the relevant matter and any associated request you may have. We are committed to achieving a fair and equitable resolution of any concerns expressed by an individual regarding its management of personal information.

The Torqn Privacy Officer will respond to all such inquiries within 30 days and will respond to any request  you might make at that time or as soon as reasonably practicable after that date.

If you are not satisfied by any response you receive from the us, you are entitled to contact the Office of the Australian Information Commissioner