Privacy Policy

1. What is a Privacy Policy?
This Privacy Policy (Policy) sets out, in accordance with the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles (APPs) the way in which Market Motion Pty Ltd ACN 113 434 138 (Market Motion, our, us, or we) may collect, store, use, disclose, manage and protect your Personal Information.

Market Motion provides consulting and software implementation services (services). By accessing our websites, using our services, or communicating with us, Market Motion may collect information from you or third parties.

Market Motion provides services in multiple jurisdictions, including New Zealand and countries in South East Asia. Where we collect information or process information in those countries, we will comply where appropriate with applicable local laws. If you are not based in Australia, you may have additional rights to those specified in this privacy policy under local laws. If you have any concerns regarding those rights, please contact us for clarification.

By:

contacting us;

accessing, requesting information on, enquiring about, using, receiving or providing feedback in relation to our services (online, in writing, by telephone or in person);

otherwise providing, or consenting to the collection of, Personal Information by Market Motion , its officers, agents or employees,

after this Policy has been brought to your attention, you acknowledge and consent to the use, collection, storage or disclosure of your Personal Information by us in accordance with this Policy and the Privacy Act.

If you do not agree to us handling your Personal Information in the manner set out in this Policy we will not be able to provide our services to you and you should not provide us with any Personal Information.

Our Data Breach Policy forms part of this Policy and sets out our approach to any data breach.

What is Personal Information?

We follow the definition of Personal Information given 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.”
What kinds of Personal Information might we collect and hold?

The Personal Information we may collect, hold and process about you depends upon how you interact with us. This information may vary depending on the specific needs of you as a contractor, employee or company however, it may include your:

name;

your contact details (e.g. address, email address, telephone number and other contact information);

employee and third party identifiers;

transport paths and locations of particular vehicles (which may provide information about individuals who are travelling in those vehicles);

requests and information input into our website and software applications to access our services;

employment information with your employer;

business or associated companies or entities;

messages, emails, voicemail and other correspondence and frequency of enquiries;

comments and feedback and responses to surveys;

interaction with websites and software products, including those we support;

information about how you use our services;

what computer configurations and software you use;

your IP address and / or other device identifying data;

general preferences and interests;

billing and credit card information;

other information required to provide a service or information you have requested from us;

information collected by Cookies, Web Beacons and other technologies; and

any additional information relating to you that you provide to us directly, including at our offices.

Certain products we support allow our clients to create custom fields to input information that is not of a kind normally provided for in our software. Where this occurs we may collect such other Personal Information as our clients enter into our system via these fields.

How do we collect Personal Information?

We collect Personal Information:

directly from you, for example, when you access our service, when you provide that information to us, we contact you or when you contact us;

from our clients and other companies we work with (such as software vendors and data storage providers) in the course of providing services;

when running our business, including marketing or promotional activities;

from contractors and employees who use our services;

from publicly available sources such as the internet and social media.

How do we hold and secure your Personal Information?

We store your Personal Information digitally (unless legally required to retain in hard copy format).

All digital material is secured using password protected computers and databases. Any digital transfer of Personal Information is via secure channels such as HTTPS where possible, and user passwords are encrypted using a one-way hash.

We primarily use data storage providers located inside Australia and the United States. Some of the software we support will require information to be kept on servers hosted by our partners including Roadnet Limited and Omnitracs LLC (each a Vendor). We recommend that you read each Vendor’s privacy policy to understand how they treat your data (as this is outside of our control). As countries outside of Australia may have different degrees of protection of your Personal Information, by using our services we understand you to be consenting to your data being held outside of Australia, and that you do not consider us to be responsible for third party treatment of your data in those cases. Where appropriate, Market Motion has agreements with its storage providers to keep all Personal Information they store secure, using reasonable and appropriate security methods.

We conduct regular audits of our compliance with this Policy and the Act to ensure that our privacy framework is in line with industry best-practice.

The Data Breach Policy is a component of, and supports, our Privacy Policy. Refer to our Data Breach Policy at [insert hyperlink to Data Breach Policy] on how we will manage any loss or unauthorised access or disclosure of your personal information should it ever occur.

Why do we collect, hold, use and disclose Personal Information?

We collect Personal Information for a number of reasons, including:

providing you or our clients with our services or information about our services and activities;

sending communications you request or contacting you and responding to your enquiries;

providing third parties with information about you and your activities where necessary for providing our services;

cooperating with law enforcement bodies and government agencies where required by law or the terms of any relevant licence or industry code of practice;

communicating with you and providing you with information about your subscription with us;

ensuring consistency of service across our business and other internal business purposes;

developing or refining our services and activities as well as tailoring our services;

notifying you about changes to our website, services, or activities we offer or provide;

internal business purposes;

providing you with marketing material or contacting you in relation to our business, networking or promotional activities;

for payment processing; and

internal corporate purposes, accounting, financial reporting, corporate governance, auditing and record keeping.

Our use of Personal Information may extend beyond the uses described above in clause 6.1, but will be restricted to purposes that we consider to be related to our functions and activities.

What do we do with your Personal Information?

If we collect Personal Information, we may:

use that information for the purposes stated in this Policy and directly related purposes;

store that information in accordance with this Policy;

pass that information amongst entities we work with, associated organisations, business partners or affiliates;

pass that information to third parties who provide products or services to us (including our accountants, auditors, lawyers, IT contractors, and other service providers); and

provide that information to third parties as required or allowed by law; and

use or disclose your de-identified information to third parties for analysis, research and quality assurance purposes (but only where it is impossible to then re-identify you from that information).

Do you use my information for Direct Marketing?

We may use your Personal Information to communicate directly with you to promote our services.

We use direct marketing to provide you with information about our services.

If you receive direct marketing material from us, and do not wish to continue receiving it, please contact us by any of the methods stated in this Policy, asking to be removed from all future direct marketing programs. Once we have received your opt-out request, we will remove you from our direct marketing programs as soon as reasonably practicable.

What about Cookies, pixels and analytics?

When you access our website or social media channels, or when you use our services, we may receive information about you via automated methods, including (but not limited to) use of a ‘cookie’, a ‘pixel’ or from analytics software.

These are tools that our web server may direct your traffic to, send to your computer, or embed on a website, when you visit our website. These tools help us provide services to you, and to recognise when you re-visit the website, serve you customised content and to optimize your experience.

We generally don’t collect Personal Information through the use of these tools, though we may be able to access your IP address and information about what your computer technology is when using analytical software.

You may be able to change the settings of your browser so that Cookies are not accepted generally or that you are provided with options to accept or reject them as they are sent to your browser.

Do we ever send your information overseas?

Market Motion is an Australian company, however our data may be stored in using cloud service providers and software as a service products (including but not limited to Roadnet, Omnitracs, Microsoft Office 365, Dropbox, Google Drive, Amazon Web Services, Microsoft Azure, and Salesforce) which may be potentially be stored overseas, most likely in the United States. For more details, please refer to paragraph 5.4.

We may upload images and / or footage to our social media accounts or website from time to time. Our social media accounts and website may be hosted on an overseas server. Where applicable, in the event that your information is sent overseas, we will use our best endeavours to ensure that any overseas supplier will keep all Personal Information secure.

Can you access your Personal Information or request it be corrected?

You may request access to the Personal Information that we hold about you by contacting us. Upon receiving an access request we may request further details from you to verify your identity.

We reserve the right not to provide you with access to Personal Information if we cannot verify your identity to our reasonable satisfaction. An administrative fee may be charged to cover our costs in providing you with access to your Personal Information. This fee will be explained to you before it has been incurred.

We will respond to your access request within a reasonable period of time by:

providing you with access to your Personal Information;

rejecting your access request, and providing you reasons for this rejection.

Access requests may be denied where:

we believe your request is frivolous or vexatious;

we are entitled to reject a request by law;

we are unable to verify your identity; or

you have not paid the administrative fee (if any).

If you believe that the Personal Information that we hold is inaccurate or otherwise requires correction, you may send us a correction request by contacting us. We will review your Personal Information and respond to the request within a reasonable period of time.

Sensitive Information

We will only keep your Sensitive Information whilst you consent to us doing so, or if we are required to by law or to protect a legal right. If you want us to delete your Sensitive Information you may request we do so in writing. This may, however, limit our ability to serve and assist you.

What happens if you want to deal with us anonymously or using a pseudonym?

When contacting us, you can do so either anonymously or by using a pseudonym. If you do so, we may not be able to provide you with accurate or useful information, and you may not be able to access a full range of our services. Further, we may not be able to investigate incidents or complaints you have made.

Does this Policy ever change?

From time to time we may make changes to this Policy. When we do, we will highlight those changes in yellow highlight for a period of 14 days. Please make sure you review the Privacy Policy each time you visit our website to keep up to date on any changes.

What happens if you have a question or complaint about how we have handled your Personal Information?

If you have a question or complaint, you can raise it with us by:

Email: info@marketmotion.com.au; or
Post: Privacy Officer
Suite 2.04, Level 2
480 St Kilda Road
MELBOURNE VIC 3004

We take all complaints seriously and will respond to you within a reasonable period of time, usually 30 days, unless we consider your complaint to be frivolous or vexatious or if we are unable to verify your identity.

If you are not satisfied with the way we have handled your complaint, you can make a complaint to the Office of the Australian Information Commissioner at http://oaic.gov.au.