Privacy Policy

  1. General 

 

(a) The Today Business Pty Ltd ACN 627 299 889 operates the www.thetodaybusiness.com.au website and provides products and services,  including software as a service, the Vendor Engagement System, today.app and Acquire (together, Platforms).

(b) We are bound by the Australian Privacy Principles set out in the Privacy Act 1988  (Cth) (Privacy Act) and the General Data Protection Regulation (EU 2016/679)  (GDPR), which applies across the European Union (collectively, Privacy Laws).

(c) Your privacy is very important to us and we will always act to protect your  personal information. We take this responsibility seriously and are very careful  about how and when your personal information is collected, processed, stored,  altered, used, shared or destroyed.

(d) By using, browsing or accessing the Platforms, you indicate that you have read,  understood and accept this Privacy Policy and you agree to abide by it. Access to  our Platforms is conditional on your approval of this Privacy Policy and you agree  that your use of our Platforms implies your consent to the terms of this Privacy  Policy.

(e) We do not wish to collect information about visitors which is sensitive information  as defined under the relevant Privacy Laws. We are committed to the protection, privacy and security of your personal information and we have developed this  Privacy Policy in line with the relevant Privacy Laws. If you have accidentally sent  us sensitive information, please contact us using the details below.

(f) This Privacy Policy applies in general terms to the collection, processing, storage,  use and disclosure by us of your personal information, how you may access  personal information that we keep or complain about a suspected privacy breach

 

  1. What personal information do we collect? 

 

We collect and use personal information from customers, users, authorised contacts,  account holders or visitors of our Platforms, including information or opinions about an  identified individual or an individual who is reasonably identifiable (Personal  Information). The type of Personal Information that we collect and use depends on the  type of dealings that you have with us and includes:

(a) full name;

(b) date of birth;

(c) gender;

(d) contact details, such as address, phone number and email address;

(e) information about the products or services you have ordered or enquired about;

(f) information from enquiries or communications you have made with us (which may include occupation and salary details);

(g) the content of your enquiries or any communications between us;

(h) billing information (such as credit card and bank account details);

(i) method of payment;

(j) information or data which we automatically collect from you through the use of  cookies or similar technologies, such as location data and online identifiers;

(k) information about your interest in property, the property market, property values,  property investment and the First Home Owner grant, including your intention to  purchase, finance details and property requirements, such as the location, size  and configuration, and price range; and

(l) any other Personal Information provided to us, including when making an enquiry  or subscribing to our Platforms.

 

  1. Collecting your personal information 

 

3.1 Collection from you 

(a) We will collect Personal Information about you in a variety of ways, including:

(i) through your use, or orders of, of our products and services (and our  records thereof);

(ii) when you visit our Platforms or submit information through our Platforms, contact us with a query or request information about products and services, complete any forms or agreements for our products or services,  participate in surveys, competitions or promotional events;

(iii) from third parties (including our related bodies corporate, business  partners and service providers, credit reporting bodies and government agencies); and

(iv) from publicly available sources of information, such as if you use our social  media websites or applications, pages or plugins.

(b) We do not use or share Personal Information for any purpose other than for the  purpose for which it was disclosed. We will only collect Personal Information that  is necessary for one or more of our functions or for the purpose disclosed to you. The Personal Information collected by us will track your use, or enhance your use, of the foregoing and assist us in providing a better service.

3.2 Information about someone else

(a) If you provide to us Personal Information about someone else (as their authorised  representative), we rely on you to inform them that you are providing their  Personal Information to us and to advise them that we can be contacted for further  information.

(b) You must take reasonable steps to ensure the individual concerned is aware of  and consents to the various matters detailed in this Privacy Policy, including the  fact that their Personal Information is being collected, the purposes for which that  information is being collected, the intended recipients of that information, the  individual’s right to obtain access to that information, our identity, and how to  contact us.

(c) Where requested to do so by us, you must also assist us with any requests by the  individual to access or update the Personal Information you have collected from  them and provided to us.

 

  1. Legal basis for processing personal information (EU only) 

 

We rely on several legal bases under the GDPR to collect, process, store, use and  disclose the Personal Information of individuals residing in the European Union (EU),  including:

(a) where you have freely and expressly consented to the collection, use, processing  and disclosure of your Personal Information for a specific purpose. The provision  of Personal Information to us is voluntary. However, if you do not provide your  Personal Information to us, we may not be able to provide you with access to, and  use of, our Platforms. You may withdraw your consent at any time by contacting  us using the details below;

(b) where the collection, use, processing and disclosure of your Personal Information  is necessary for the performance of a contract to which you are a party. For  example, when collection and use is necessary to fulfil our obligations to provide  you with access to, and use of, our Platforms;

(c) for our legitimate business interests, including, but not limited to:

(i) providing, operating and improving our Platforms;

(ii) marketing new promotions, deals, offers, competitions, products, services  provided by us or our Authorised Affiliates that we consider may interest or  benefit you;

(iii) managing, analysing, understanding and developing our relationship with  you; and

(iv) responding to your queries or complaints; and

(d) where there is a legal obligation to collect, use, process or disclose your Personal  Information. For example, we may be obliged to disclose your Personal

Information by reason of any law, regulation or court order and/or to protect our  interests and legal rights.

 

  1. Use of your personal information 

 

(a) We use, process and disclose your Personal Information for the purposes for  which the information is collected.

(b) We may also use your Personal Information to:

(i) provide or deliver our Platforms to you (or those of our related bodies  corporate or related entities (as defined in the Corporations Act 2001 (Cth));

(ii) administer, improve, develop and manage our Platforms (including  maintaining, testing and upgrading our Platforms and systems);

(iii) inform you about our Platforms, offers, competitions, promotions, questionnaires or surveys or other matters which we believe are of interest  to you;

(iv) charge and bill you for the use of our products and services;

(v) customise the advertising and content on our Platforms and to contact you  about specials deals;

(vi) provide offers that are of interest or benefit to you;

(vii) share with Third Parties;

(viii) verify your identity;

(ix) conduct creditworthiness and fraud checks; and

(x) perform research and analysis.

 

  1. Use by Third Parties 

 

6.1 Disclosure to Third Parties 

We may disclose your Personal Information to the following recipients:

(a) our employees, related bodies corporate and related entities (as defined in the  Corporations Act 2001 (Cth)), business partners, third party contractors, suppliers,  real estate and other agents (Authorised Affiliates) from time to time for the  purpose of delivering, providing and administering products, services or websites;

(b) third-party service providers who process or use your Personal Information for the  purpose of performing functions on our behalf, but may not process or use such  information for any other purpose. Examples of these third-party service providers  include, but are not limited to, marketing and analysis organisations, financial and  credit card institutions in order to process any payments, hosting companies, web  or technology developers, internet service providers, telecommunication providers, customer service providers, customer support specialists, fulfilment companies,  external business advisors (such as auditors and lawyers), research and data  analysis firms, debt collectors and insurers (Third Party Data Processers); and

(c) third-party advertising and commercial partners specified in section 9 below (Partners) for direct marketing purposes (see section 10 below),

(collectively, Third Parties).

6.2 Third Party disclosure to us 

(a) Third Parties may provide us with Personal Information collected from you.

(b) If you disclose Personal Information to a Third Party, we rely on you to provide the  Third Party with consent for us to collect, store, use, process or disclose your  Personal Information.

 

  1. today.app 

 

(a) This section provides additional information about our information handling  practices on the today.app.

(b) Once you have given us credentials to integrate your analytics data from Google,  Affiliate, social media and other marketing platforms and data sources with the  today.app platform, we will do so for the purposes of allowing us to manage your  media investments and allowing you to review the performance of those investments.

(c) During onboarding, we will integrate analytics of leads and conversions based on  media investments and sales from your CRM into the today.app via API and other  web services. We will not integrate any Personal Information from your CRM.

(d) We may directly integrate with your platforms and use various other services to  integrate and warehouse the data within the today.app, including Funnel,  Datorama, BigQuery, Google Cloud and AWS.

(e) The integrated information will not be shared with any of our Authorised Affiliates  despite anything to the contrary in this Privacy Policy.

(f) We will also not share any of your information with your direct competitors.

 

8. Storage and security of your personal information 

 

 

8.1 Protecting your Personal Information 

(a) Your Personal Information may be stored in storage facilities (owned and operated either by ourselves or our services providers) in hard copy or electronic format. We will use our reasonable endeavours to store your Personal Information  securely and to make our Platforms and storage facilities as secure as possible against unauthorised access.

(b) We will use our reasonable endeavours to protect and maintain the security of your Personal Information. Our officers, employees, agents and third party contractors are expected to observe the confidentiality of your Personal  Information.

8.2 No guarantee 

Despite our reasonable endeavours, we are unable to ensure or warrant the security of  any Personal Information transmitted to us via the internet. Accordingly, all Personal  Information disclosed by you to us is at your own risk and we are not liable for any  unauthorised access to and disclosures of the Personal Information.

8.3 Destruction of Personal Information 

We will take reasonable steps to destroy or de-identify Personal Information where it is no  longer required for any purpose, unless we are required or authorised by a relevant  Privacy Law or a court or tribunal to retain the information.

8.4 Suspected data security breach 

(a) We have procedures in place to deal with any suspected data security breach.

(b) We will notify you and any applicable supervisory authority of a suspected data security breach where we are legally required to do so.

 

  1. Disclosure of personal information 

 

9.1 Disclosure to Partners 

We may disclose any information, including Personal Information, to any of our Partners,  who may include third party providers of goods or services to the real estate or property  industry with whom we have commercial relationships, such as:

(a) for the purpose of providing you with details of offers, goods or services that may  be of interest to you;

(b) media publishers, agencies and partners, for the purpose of providing you with  any agreed media related products or services;

(c) a credit provider or financial institution, for the purpose of providing financial  products or services that may be of interest to you; and

(d) utilities providers, for the purpose of providing gas, electricity, telecommunications  and internet products and services that may be of interest to you.

9.2 Disclosure to law enforcement 

We may also disclosure your Personal Information to law enforcement bodies or  regulatory authorities to assist with their functions, courts of law or as otherwise required  or authorised by relevant Privacy Laws.

9.3 Merger and acquisition 

In the event of a merger, acquisition or sale of the whole or part of our business or assets,  we reserve the right to transfer your Personal Information as part of any such transaction. However, your Personal Information would remain subject to this Privacy Policy.

 

  1. Direct marketing 

 

10.1 Your consent 

(a) At the time of accessing, or using, our Platforms or otherwise from time to time,  we may seek your express consent for us or our Partners to send you marketing  or promotional materials and other information.

(b) Where we have obtained your prior consent or are otherwise permitted under the  GDPR, we may, from time to time:

(i) use your Personal Information to send you information about the promotions, deals, competitions, products or services we offer, and any other information that we consider may be relevant to you; and

(ii) disclose your Personal Information to a specified Partner for the purpose of  that Partner contacting you for promotional or marketing purposes. For example, a specified Partner may send you information about special deals, products or services they offer and other information that may interest you.

10.2 Communication channels 

(a) We or our Partners may send this information to you via the communication  channels specified at the time you provide your consent.

(b) These communication channels may include mail, email, SMS telephone, social  media or by customising online content and displaying advertising on our  Platforms.

10.3 Opting-out 

(a) You can unsubscribe or opt-out from receiving marketing or promotional materials  at any time by:

(i) emailing us at [email protected]; or

(ii) using the unsubscribe facility included in our commercial electronic  messages (ie email or SMS).

(b) You may re-subscribe at any time by re-registering.

 

  1. Links to other sites from our Platforms 

 

(a) Although our Platforms may contain hyperlinks or banner advertising to or from  external websites, those websites are not subject to our privacy standards,  policies and procedures. We recommend that you make your own enquiries as to  the Privacy Policies of these third parties.

(b) We are in no way responsible for the privacy practices of these third parties.

(c) This Privacy Policy only addresses the use and disclosure of information we  collect from you via our Platforms, via our account establishment process or as  otherwise permitted in this Privacy Policy. The use of your Personal Information by  the aforementioned third parties is governed by the privacy policies of such parties  and is not subject to our control.

 

  1. Cookies and IP addresses 

 

(a) A cookie is a piece of data that enables us to track and target your preferences.

(b) The type of information we collect through cookies may include statistical  information, your location, IP address, the date and time of your last visit, the  pages you have accessed and the links you have clicked.

(c) We may use cookies to:

(i) enable us to identify you as a return user; and

(ii) personalise and enhance your experience and your use of our Platforms.  Most browsers are initially set up to accept cookies.

(d) Most browsers are initially set up to accept cookies.

(e) You can reset your browser to refuse all cookies or to warn you before accepting  cookies. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. If you reject our cookies, you  may still use our Platforms, but you may be limited in the use of some of the features and this may affect the functionality of our Platforms.

(f) We use cookies to help us improve our service to you when you access our  Platforms and to ensure that our Platforms remain easy to use and navigate. We may also use IP addresses to analyse trends, administer our Platforms, track  traffic patterns, and gather demographic information for aggregated use.

(g) Your IP address and other personal information may be used for credit fraud  protection and risk reduction.

 

  1. Your rights in relation to privacy 

 

13.1 Privacy rights (EU only) 

(a) Under the GDPR, you have a number of important rights.

(b) Subject to certain exceptions, you have the right to:

(i) fair and transparent processing of your Personal Information and processing in accordance with the GDPR;

(ii) require us to rectify or correct any Personal Information we hold about you  that is inaccurate or incomplete;

(iii) require us to erase your Personal Information in certain situations;

(iv) obtain a copy of your Personal Information in a commonly used electronic  format so that you can manage and move it, or request we send it to a third  party;

(v) object or withdraw your consent at any time to the collection, use, processing or disclosure of your Personal Information (including for direct  marketing purposes), but this does not:

(A) apply where we have other legal justifications to continue to collect, use, process or disclosure your Personal Information; or

(B) affect the lawfulness of any collection, use, processing or disclosure  that occurred before you withdraw your consent;

(vi) object to decisions being made by automated means which produce legal  effects concerning you or significantly affecting you; or

(vii) otherwise restrict our collection, use, processing or disclosure of your  Personal Information in certain circumstances.

(c) You can exercise any of these rights by contacting us using the details below.

13.2 Access rights 

(a) We will use our reasonable endeavours to keep your Personal Information that we  collect accurate, up-to-date and complete.

(b) Subject to some exceptions provided by law, you have the right to access your  Personal Information. If you wish to access or change Personal Information which  we have collected about you, we require you to put your request in writing to us.  Proof of identity may be required before such information will be provided.

(c) If we do not allow you access to any part of the Personal Information we hold  about you, we will tell you why.

(d) We will not charge you for lodging a request to access your Personal Information,  but we may charge you for our reasonable costs in supplying you with access to  this information.

(e) We will endeavour to respond to your request for access or correction within 1  month of your request.

 

  1. Children’s policy 

 

(a) We do not knowingly seek or collect Personal Information from or about persons  under the age of 16 years of age (Child) without the consent of a parent or  guardian.

(b) If we become aware that any Personal Information relating to a Child has been  provided without the consent of a parent or guardian, we will use reasonable  endeavours to:

(i) delete the Personal Information from all relevant files as soon as possible;  or

(ii) ensure, where deletion is not possible, the Information Personal

Information is not used further for any purpose or disclosed further to any  Third Parties.

(c) Any parent or guardian with queries regarding our collection, use, processing or  disclosure of Personal Information relating to their Child should contact us using  the details below.

 

  1. Consent 

 

You acknowledge and agree that we, our Third Parties and each of their officers,  employees, agents and contractors are permitted to collect, store, use and disclose your  Personal Information in the manner set out in this Privacy Policy and in accordance with  the Privacy Act.

 

  1. Changes to the privacy policy 

 

(a) We may amend this Privacy Policy from time to time. The current version of our  Privacy Policy will be posted on our website and a copy may be obtained from our  Privacy Officer.

(b) Your continued use of our Platforms following any such amendment will be  confirmation of your acceptance of the amendments. We reserve the right to  modify this Privacy Policy at any time, so please review it frequently.

 

  1. How to contact us 

 

If you would like further information about the Personal Information we hold about you, or  to opt-out of receiving any promotional communications from us or our Partners, please  contact us at [email protected].

 

  1. Contacting us and resolving your privacy issues 

 

(a) If you have any issues or complaints you wish to raise with us regarding the way  we have handled your Personal Information, or would like to discuss any issues  about our Privacy Policy, please contact our Privacy Officer directly in writing to  the email specified in section 17.

(b) When making a privacy complaint please provide our Privacy Officer with full  details of your complaint and any supporting documentation.

(c) Our Privacy Officer will endeavour to:

(i) provide an initial response to your query or complaint within 15 business  days, and

(ii) investigate and attempt to resolve your query or complaint within 30  business days or such longer period as is necessary and notified to you by  our Privacy Officer.

(d) If you are dissatisfied with the outcome of your complaint, you may refer the  complaint to:

(i) the Australian Information Commissioner who may be contacted at https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint; or 

(ii) the supervisory authority in the relevant EU member state.

Last updated: May 2021