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MODE by Argon & Co Privacy Policy

The App is owned and operated by Argon & Co Australia Pty Ltd ACN 614 494 250 ('Argon', 'We', 'Us' or 'Our'). This Privacy Policy explains how We collect, use, store, and disclose Personal Information when You use Our App, how You can access, correct, and update Your Personal Information, and how You can contact Us about Our privacy practices.

Please read this Privacy Policy carefully, it forms part of and should be read in conjunction with Our Terms and Conditions. Note, this Privacy Policy only relates to the App and does not cover Personal Information We collect, use, store, and disclose in other interactions relating to the conduct of Our business, including (without limitation) Our recruitment process or when We engage with contractors.

Definitions

In this Privacy Policy, the following capitalised terms have the meanings:

'App' means the Argon MODE app designed for supporting employee training on manufacturing sites;

'Personal Information' means information or an opinion about an identified individual or an individual who is reasonably identifiable, as defined in the Privacy Act;

'Privacy Act' means the Privacy Act 1988 (Cth) and/or the Privacy Act 2020 (New Zealand);

'Privacy Policy' means Our privacy policy only for the App;

'Privacy Principles' means the Australian Privacy Principles and/or New Zealand Privacy Principles contained in the respective Privacy Act(s);

'Sensitive Information' means information or an opinion about an individual's 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, or health, genetic or biometric information;

'Terms and Conditions' means Our App Terms and Conditions; and

'You' or 'Your' means the App user.

Interpretation

Any reference to Australia and/or New Zealand shall be deemed as referring to whichever of the two jurisdictions the User is accessing the App from.

Overview

We comply with the Privacy Act and the Privacy Principles. The Privacy Principles govern standards, rights and responsibilities in relation to the collection, use and disclosure of Personal Information, an organisation's governance and accountability, the integrity and correction of Personal Information, and the rights of individuals to access their Personal Information.

This Privacy Policy outlines Our approach to privacy and how We endeavour to protect Your Personal Information. It describes how We collect, use, store, and disclose Your Personal Information and Your rights to access the Personal Information We collect and store about You, and how You can contact Us about Our privacy practices.

When You submit Personal Information to Us and/or register an account on the App to use, view, access or otherwise browse any of the services, resources, benefits, features, functions, technologies, or content offered by Argon, You indicate that You have read, understood and accept this Privacy Policy and You agree to abide by it. You also consent to the collection, use, storage, and disclosure of Personal Information as outlined in this Privacy Policy. You do not have to consent to Us collecting, using, storing, and disclosing Personal Information, however, if You do not agree with this Privacy Policy in its entirety, We will not be able to provide You with the services, resources, benefits, features, functions, technologies or content You have requested and You will not be able to use the App.

What Personal Information We Collect

We collect Personal Information when You submit Personal Information to Us and/or register an account on the App. Personal Information We collect may include:

  1. First name, last name and preferred name;
  2. Role as specified in the appropriate organisational directory;
  3. Email address;
  4. Account log-in and pass-word details;
  5. Device information – including device type, operating system and unique device identifiers; and
  6. Usage data – including traffic data, logs, and other communication data.

We may collect Sensitive Information in accordance with the Privacy Act, but only if You agree to provide it to Us.

When you use the App, You will generate information that we can view, including timestamps, edited information that will override previous information, and interactions with Our team. We may also collect and use aggregated data (e.g. demographic data) for statistical analysis.

We collect Personal Information from You using lawful and fair means. Personal Information We collect from you directly includes when You:

  1. Register an account on the App;
  2. View, access, browse or use any of the services, resources, benefits, features, functions, technologies or content offered on the App;
  3. Submit Personal Information on the App;
  4. Sign up to Our marketing communications on the App;
  5. Participate in a competition or promotion, which is conducted by us directly or through a third-party service provider through the App;
  6. Interact with Us or contact Us through the App;
  7. Participate in a survey or submit feedback on the App;
  8. Enter a competition or promotion on the App; and/or
  9. Voluntarily submit Personal Information to Us for any reason.

We may obtain Personal Information about You from third-parties, related companies, credit reporting bodies, identity verification services and publicly or commercially available sources, for the purpose of complying with applicable laws.

Purposes For Which We Collect, Use, Store And Disclose Personal Information

We collect, use, store and disclose Personal Information for the purposes it was collected, and related purposes. We do not buy or sell Personal Information. Purposes we may collect, use, store and disclose Personal Information include to:

  1. Set up Your account on the App;
  2. Provide You with access to relevant parts of the App;
  3. Identify customers and provide You with the services, resources, benefits, features, functions, technologies or content You have requested;
  4. Ensure the continued effective operation of the App and the timely delivery of necessary updates and support;
  5. Resolve disputes and troubleshoot problems on the App;
  6. Undertake statistical and analytical functions;
  7. Measure activity, improve and develop the App;
  8. Understand and analyse how You use the App for the purposes of enhancing and improving the service and features of the App; and
  9. Utilise usage and analytical data to develop new products, services, and features that enhance the customer experience.

How We Store And Protect Personal Information

We store Personal Information in electronic form on our internal database, which is held on our online server.

We take reasonable physical, technical and administrative safeguards to store Your Personal Information safely and protect it from misuse, interference, loss, unauthorised access, modification or disclosure. Examples include:

  1. Our database is securely contained and not publicly accessible, with strict enforcement of Identity and Access Management policies for sensitive data;
  2. Automated daily backups of data are enabled at rest and in transit, and are retained in secure storage for ten (10) days;
  3. All data is stored in our database in an encrypted format on disk, with the decryption keys managed by AWS Key Management Services; and
  4. All communication between the App and our backend services and database is secured using HTTPS and TLS certificates, meaning that all data transmitted is protected from interception.

When You register an account on the App and create Your account login credentials, password and details relating to Your unique user identity question to access the App, You are responsible for keeping this Personal Information secure. You should select a strong password, avoid a generic user identity question and You should not share this information with any other party.

No data transmission or storage system is guaranteed as entirely secure. Irrespective of Our reasonable precautions to protect Your Personal Information, We cannot take responsibility or guarantee the security of any Personal Information You send to Us, or receive from Us. We are not liable for any misuse, interference, loss, unauthorised access, modification or disclosure of Personal Information. Any Personal Information You transmit to Us is at Your own risk.

How We Disclose Personal Information And To Whom

We will only disclose Personal Information for the purposes outlined in this Privacy Policy, or as otherwise notified to You at the time of collection.

We may share Personal Information with:

  1. Our related companies, employees and contractors;
  2. Vendors and other third-party service providers, suppliers and professional advisors (including their employees) who assist in the conduct of Our business, such as development, support or hosting of the App, credit reporting, fraud prevention, identity verification, marketing and promotion, market research, statistics and analytics, customer service, debt recovery, legal, accounting, auditing, business consulting or technology services, for example NDIA, ClickSend, Twilio, Amazon Web Services, Asana, Mailchimp and Xero;
  3. Providers of third-party programs or platforms, such as Apple;
  4. Banking institutions;
  5. A party intending to acquire, invest or merge with Us; and/or
  6. Other parties where You have provided Your express consent or direction.

We will disclose Personal Information to law enforcement, government authorities or other third-parties, as authorised by applicable laws or in circumstances permitted by the Privacy Act. For example:

In response to a subpoena, court order, or other legal obligation; where We have reasonable grounds to suspect unlawful activity or misconduct of a serious nature is being, or may be engaged in; or where We reasonably believe that disclosure is necessary to prevent fraudulent or illegal activities relating to Our services, resources, benefits, features, functions, technologies or content.

Disclosure of Personal Information Overseas

We may disclose Personal Information to recipients located outside of Australia or New Zealand. This may occur in the following instances:

  1. When the App or online server is hosted overseas;
  2. Where Personal Information is disclosed to Our related companies, directors, representatives, employees or consultants located overseas;
  3. When Personal Information is shared with a third-party described above, including Our third-party service providers located overseas.

While it is not practicable for Us to specify in advance each country where Personal Information may be transferred, stored or processed, countries may include Australia or New Zealand, the United States, and France. The data protection and privacy laws in these countries may be different. You hereby consent to the transfer of Personal Information to recipients outside of Australia or New Zealand.

Your Rights

Your rights include:

  1. You have the right to access Personal Information We have about you;
  2. You have the right to ask how We use Your Personal Information, and We must tell you;
  3. You have the right to make amendments to Personal Information We have about you;
  4. You have the right to ask for Your Personal Information to be deleted;
  5. You have the right to withdraw consent that You may have previously given Us.

In order to exercise Your rights, We will require You to verify Your identity.

You can contact Us to access, correct or update Personal Information We hold about You.

If you request access to Personal Information, We will endeavour to make it available to You within 30 days, unless giving access is unlawful or We are subject to restrictions or We are required to process Your request earlier under applicable laws.

It is important Your Personal Information is accurate and current. Please keep us informed if Your Personal Information changes. We will take reasonable steps to ensure Personal Information We collect, use, store and disclose is correct, up-to-date and complete.

If You request to correct or update Personal Information, We will correct, update, or if We consider it more appropriate, note your request for amendment of Personal Information on Your record.

You can access, correct or update Personal Information by logging into Your account on the App and updating details.

You can delete Your App account by logging into Your account and requesting its deletion. We will process Your request within a reasonable timeframe from receiving Your notice withdrawing Your consent.

To access, correct or update Personal Information or to delete Your account on the App, We require You to verify Your identity. We may also need more information as to why the information We have is inaccurate or incomplete.

If You have a complaint about the way We handle Your Personal Information, You can contact Us. We will consider Your complaint and take all reasonable steps to remedy any issues. We will endeavour to respond to you within 30 days. If You are not satisfied with the outcome of your complaint, you may seek a review by contacting the Office of the Australian Information Commissioner.

For any questions or enquiries about this Privacy Policy, or the way We handle Personal Information, or if You would like to access, correct or update Personal Information, or if You have a complaint, please contact Us on the details below, marked for the attention of the Privacy Officer:

  1. Post: 3 Northcroft Street, Takapuna, Auckland 0622, New Zealand
  2. Email: modeadmin@argonandco.com

Governing Law

This Privacy Policy and Your use of the App is governed in all respects by the laws of New South Wales, Australia or New Zealand, depending on the jurisdiction from which You use the App.

Updates To This Privacy Policy

We reserve the right to alter, amend, modify or otherwise update this Privacy Policy in our sole and absolute discretion from time to time, without notice to You. Updates will be effective immediately upon publication on the App and replace any prior Privacy Policy published by Us to date. When we do so, it will be made available on this page and will indicate the date of the latest revision. Please check this page for further updates. By continuing to use the App after publication of any updates, You acknowledge and agree that you have read, understood and accept to be bound by this Privacy Policy as altered, amended, modified or otherwise updated.

Last Update: 25/09/2024