1. Introduction

This Privacy Policy (Privacy Policy or Policy) outlines how your information is collected, used and disclosed when you access or use our Services as defined in our Terms. This information is collected, used and disclosed in accordance with the Privacy Act 1988 (Cth) (Privacy Act). This Privacy Policy is incorporated by reference into our Terms. Any capitalised terms not defined in this Policy are defined in the Terms. You agree to comply with all Terms when accessing or using our Services, including this Privacy Policy. Our subscriptions are powered by Stripe. Their respective Privacy Policy applies in relation to any Personal Information collected, stored and processed on their servers. We may also use this Personal Information for the purposes as set out in this Policy and in accordance with the terms set out in this Policy.

2. What information do we collect and how is it collected?

We collect Personal Information, as defined in the Privacy Act (including Sensitive Information as defined in the Privacy Act), when you access or use our Services.

2.1. Personal Information provided by you

We collect information that you provide to us via use of our Services as well as through any other means used to contact us. The kinds of Personal Information we collect include your contact information such as your name, email address, and organisation name. We reserve the right to maintain, store and use any information or data where we reasonably believe that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms or for record keeping integrity.

2.2. Automatically collected Personal Information

We automatically record information from your device and its software when you access our Services, including your IP address, browser and device type, internet service provider, mobile phone carrier, platform type, the website from which you came and the website to which you are going when you leave our Services, date and time stamp and cookies that may uniquely identify your browser or account. When accessing our Services using a mobile device, we may also receive and collect identification numbers associated with your device, mobile carrier, device type and manufacturer, and, if enabled, geographical location data (including GPS). Please note that some of the information we collect, for example an IP address, can sometimes be used to approximate a device's location.

2.3. Personal Information collected via cookies

Our Services may use small pieces of data called cookies to identify a user who engages with our Services and to compile records of a user’s history of engaging with our Services. Cookies are stored by a users’ browser while the user browses a website. Cookies do not usually contain information that personally identifies a person, but each time the user visits the website, the browser sends the cookie data back to the server to notify the system of the user's previous activity. If you wish to disable cookies, you may do so through your browser settings, however please be aware that if you choose to do this, some functionality of our Website will not be available to you.

The Stripe platform is governed by their own Cookie Policy. We bear no responsibility for how they use your data for cookies. If you are concerned with any use and storage of your data for cookies by them, please contact them directly.

2.4. Personal Information collected via Google Analytics

We use Google Analytics, which allows us to anonymously track the use of our Services by recording the number of users who have visited, the number of pages viewed, navigation patterns, what systems users have and the date and time of visits through cookies. This information is collected for statistical purposes only and cannot be used to identify you. We may use a range of services and functions offered by Google Analytics. We also use Google Analytics to partner with third parties and advertise online. Our third-party partner may use technologies such as cookies and third party Tracking Technologies to gather information about your activities on our website and other sites in order to provide you advertising based on your browsing activities and interests. Please see this link for how your data is collected and this link for instructions on how to opt-out of any Google Analytics data tracking.

2.5. Personal Information collected via Meta Pixels

We use Meta Pixel (formerly Facebook Pixel). Meta Pixel collects data through cookies about actions you make on our website, such as viewing a page or clicking on a specific link. This helps us track conversions from Facebook advertisements, optimise advertisements for users, and build targeted audiences for advertisements. See clause 2.3 above for more information about our use of cookies. We may use a range of services and functions offered by Meta Business Tools. Please note we are not liable for the way Meta uses your information and it is your responsibility to familiarise yourself with the Meta terms. You can access Meta Business Tools Terms here.

2.6. Third Party Payment Processor

We use third party payment processors and gateways to process payments made to us in the provision of our Services. All Personal Information, including any financial information such as credit card numbers, is collected and used directly by our third party payment processors and gateways as set out on our website, whose use of your personal information is governed by their own terms and conditions and privacy policy. We do not store or retain any sensitive financial/billing information (being credit card numbers, bank account details, etc.), obtained in connection with processing such payments.

2.7. Anonymity and the use of pseudonyms

When we collect your Personal Information, as far as reasonably practicable, you are permitted to interact and/or contact us anonymously or by using a pseudonym except where:

(a) we are required or authorised by a law or a court or tribunal order to deal with identified individuals; or

(b) it is impracticable for us to deal with individuals who have not identified themselves.

2.8 Organisation and decision information

We collect information that you provide to us via use of our Services. All information and files you add and upload into the Decise platform is stored in our secure database. We reserve the right to maintain, store and use any information or data where we reasonably believe that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms or for record keeping integrity and to provide a better Service to you.

3. For what purposes do we collect and use Personal Information?

We collect your Personal Information as outlined in this Privacy Policy for the purposes described below:

(a) for provision of the Services;

We use information about you to provide the Service to you. This includes allowing you to log in to Decise, operating and maintaining the Service, giving you access to your decisions, documents, lessons learnt and billing. We also use information we collect about you automatically to remember information about you so that you will not have to re-enter it during your visit or the next time you visit the site.

(b) for data analytics;

We use information about you to help us improve the Decise Service and our users’ experience, including by monitoring aggregate metrics such as total number of Users, industry type, and types of decisions being made etc.

(c) for Service improvements (including analytics and machine learning);

We may analyze your activity, content, uploads and related data in your account to provide and customize the Service, and to train our algorithms, models and AI products and services using machine learning to develop, improve and provide our Service.

(d) for communication with you and to provide messaging and/or communications to you in association with the functions and features of the Services;

(e) for communicating to you any announcements and updates, updated terms, conditions and policies, security alerts, technical notices, support and administrative messages;

(f) for security purposes, including to protect the Services and our property from abuse, fraud, malicious, unauthorised access or potentially illegal activities, and to protect our rights, safety and property and that of our other users;

(g) for sending marketing communications to you, including notifying you of promotional or advertising offers, upcoming events and other news about products and services offered by us and use of our Services;

(h) for creating statistical analyses and reports by using aggregated and anonymised information (such as the total number of users in an organisation etc.) for internal purposes or to share with third parties. Such reports will be based on aggregated data combining information from multiple users (including you) in a way that prevents identification of any individual;

(i) to comply with relevant laws and regulations where applicable; and

(j) for the performance of other functions described at the time of collection or as consented to in relation to our Services.

4. How do we store and protect your information?

4.1. Storage of Personal Information

We take reasonable steps to protect your Personal Information in accordance with this Privacy Policy. The Personal Information we collect from you is transferred and stored electronically via a secured SSL connection, in MySql database in AWS server. The data is stored specifically in the Sydney, Australia servers of AWS. You agree and consent to us storing your Personal Information on such servers.

4.2. Who can access your Personal Information?

Your Personal Information is accessible to our employees, contractors and our third-party service providers such as our website host and technical support providers. We may also store your Personal Information in password-protected email databases for the purpose of sending out communications and marketing emails in accordance with this Privacy Policy. Please note that no method of electronic transmission or storage is 100% secure and we cannot guarantee the absolute security of your Personal Information. Transmission of Personal Information over the Internet is at your own risk and you should only enter, or instruct the entering of, Personal Information to the Services within a secure environment. It is your responsibility to ensure that you keep your Personal Information safe, including keeping your software up to date to prevent security breaches. We reserve the right to maintain and store any information or data where, we reasonably believe, in our sole discretion, that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms or for record keeping integrity. We destroy or de-identify your Personal Information after 2 years where it is no longer needed for the purposes outlined in this Policy. However, we may also be required to keep some of your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.

5. To whom your Personal Information is disclosed?

Your Personal Information may be disclosed to individuals and companies, for the purposes described in this Policy, as outlined below:

5.1. Decise AI Pty Ltd and Related Bodies Corporate

Your Personal Information may be accessed by us, including our directors, employees, officers and contractors. You consent to us providing your Personal Information, including Sensitive Information to our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)).

5.2. Parties required by law

Your Personal Information may be disclosed by us to any party to whom we are required by law to provide your Personal Information and to any party to whom disclosure is permitted under the Australian Privacy Principles, or where we reasonably believe that disclosure is required to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify you if we are required by law to disclose your Personal Information.

5.3. Direct marketing

You agree and expressly and indefinitely consent to us using or disclosing Personal Information (other than Sensitive Information) to keep you informed about our products and services and other products and services that we consider may be of interest to you. For this purpose, disclosure may be made to our third-party service providers. We may communicate with you via phone, email, social media, SMS, or regular mail. If you have indicated a preference for a method of communication, we will endeavour to use that method wherever practical to do so. You can opt-out of direct marketing communication activities undertaken by us at any time by clicking the “unsubscribe” or “opt-out” link on email communications from us, replying ‘Stop’ to a promotional SMS or by contacting us by phone or email.

5.4. Other third parties

We may share your Personal Information with third parties if it is reasonably related to the provision of our Services. The third parties that we may share your Personal Information with includes consultants, contractors, credit agencies, debt collection agencies and other service providers to us that perform services on our behalf. Such services we procure may include identifying and disseminating advertisements, enforcement of our Terms, providing fraud detection and prevention services, processing payments or providing analytics services. We may also share your Personal Information with our business partners who offer goods or services to you jointly with us (for example, contests or promotions). We may share your Personal Information where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. We may also share your Personal Information with third parties with your consent in a separate agreement, in connection with any company transaction (such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business by another company or third party) or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings.

Note that we reserve the right to share your Personal Information with other third parties where, in our sole discretion, it is required to:

(a) investigate and defend ourselves against any third party claims or allegations;

(b) protect against harm to the rights, property or safety of us, our users or the public as required or permitted by law; and

(c) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

6. Third party websites and social media

Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. You acknowledge and agree that we have no control over, and shall not be liable for, the privacy practices or content of these third party websites and we do not make any representation about the privacy practices of, any third-party websites, whether or not linked from or transferred from our Services. You are responsible for checking the privacy policy of any such websites and applications so that you can be informed of how they will handle Personal Information. We run pages on a number of social media platforms, including Facebook, Instagram, Pinterest and Google Plus (Social Media Platforms). By accessing, interacting with and using our social media pages, you agree to the terms and privacy policy of those Social Media Platforms. You acknowledge and agree that these Social Media Platforms may collect your information and that the privacy practices of those Social Media Platforms are not controlled by us and that we hold no responsibility for such privacy practices. Social Media Platforms also allow public access to your public social media profile, which may include your username, age range, country/language, list of friends or other information that you make publicly available and you understand that such information may therefore be accessible by us if you interact with its social media pages. We may from time to time, have access to statistics regarding the number of views, navigation patterns, posts that you like, comment on or share and any user interactions with our social media pages and may use such information for the purpose of its marketing and promotion strategies.

7. How can you access or update your Personal Information?

At any time, you may request access to Personal Information we hold about you. We may refuse to provide access if the law allows us to do so, in which case we will provide reasons for our decision as required by law. We take reasonable steps to keep your Personal Information accurate, complete and up-to-date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information deleted or corrected. You may request access to the information we hold about you, or request that we delete, update or correct any Personal Information we hold about you, by setting out your request in writing and sending it to us in accordance with paragraph 10. We will process your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet your request, we will let you know why.

8. How can you make a complaint about our privacy practices?

You may submit a written complaint about how we handle your Personal Information to our Privacy Officer via the details below. If you are not satisfied with our handling of your complaint or we have not replied to you within a reasonable period of time, then you are entitled to make a complaint to the Office of the Australian Information Commissioner or, if you are in the EU, a data protection authority or supervisory authority.

9. Additional information for users in the United States

This section of the policy applies to Decise users that are located in the United States. In certain U.S. states, Decise users have additional rights afforded to them under applicable state privacy laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act and the Virginia Consumer Data Protection Act.

(a) Categories of personal information collected by Decise

For more details about the personal information Decise has collected in the past year, please see section 2 “What information do we collect and how is it collected?”. For details on how we use that information, who we share it with, and how long we keep it, please see section 3 “For what purposes do we collect and use Personal Information?”, section 4 “How do we store and protect your information?”, and section 5 “To whom your Personal Information is disclosed?”

(b) Rights in respect of your personal information

These state privacy laws give resident users various rights with respect to the personal information we collect, including the right to (subject to applicable law and certain limitations):

- Request access to the personal information Decise has collected about you;

- Request that Decise delete your personal information;

- Request that Decise correct inaccurate personal information;

- Opt out from the "sale" of your personal information;

- Opt out of the "sharing" of your personal information for cross-context behavioral advertising;

- Appeal decisions where we deny your rights request.

(c) Exercising your rights

You may make a request by contacting us at [email protected]. We will authenticate your request using the email address associated with your Decise account and if necessary, proof of residency. Depending on applicable state law, you may also appeal a refusal to take action on a request by contacting us at [email protected]

You may opt out of the “selling or sharing” of your personal information.

10. Additional information for users in Europe

This section of the policy applies to Decise users that are located in the European Economic Area (EEA), Switzerland or United Kingdom (UK). Decise processes your personal data in accordance with European laws and regulations, such as the General Data Protection Regulation (GDPR) and UK General Data Protection Regulation (UK GDPR).

(a) Controller's details

For the purposes of the GDPR and UK GDPR, Decise AI Pty Ltd is the controller of your personal data. Decise AI Pty Ltd’s registered address is at 8 Prior Road, Malvern East, VIC Australia 3145, and we can be contacted using the details provided in section 12 below. “Contact us” heading.

(b) Legal bases for processing

If you are located in the EEA, Switzerland or UK, we need a lawful basis to collect, use and disclose your personal data as a controller. Our lawful basis will depend on the information concerned and the context in which it is processed.

Generally, Decise will collect and use your information as follows:

- Contractual necessity: We need it to provide the Service to you and fulfil our obligations to you under our Terms of Use. For example, this includes creating and maintaining your account, resolving issues you may experience with the Service, obtaining payment for our Services and providing you with access to your decisions.

- Legitimate interests: It is necessary for our legitimate interests for example, providing a useful and customized Service, sending you relevant marketing messages, displaying advertising and tracking its effectiveness, using information we collect about you (like your spending, platform usage, industry and organisation) so that we can make more informed predictions, decisions and offers for our users, helping users connect with team members and their employer's subscription on Decise and enhancing our Service via research and development, data analytics, data labelling, machine learning and predictive analytics relating to your usage data. We do not rely on this lawful basis where our legitimate interests are overridden by your rights and interests.

- Consent: You consent to us, and our third party partners, using your information in a certain way – for example, to hear about new features or offers, and for machine learning and predictive analysis relating to your User Content.

- Legal obligations: It is necessary for compliance with our legal obligations – for example, to disclose your information in response to law enforcement requests and to retain your information for our record keeping purposes.

If you consented to our use of your information, you can withdraw that consent at any time. Depending on the situation you can either withdraw your consent by emailing [email protected]. Where we use your information for our legitimate interest, you have the right to object to that use by contacting [email protected] However, if you do, it may diminish the quality of the Service you receive or prevent you from using the Service.

(c) Cross-border transfers of information

By signing up, you understand and agree that Decise AI Pty Ltd (an entity in Australia) will receive and process your personal data. We may transfer your personal data to other countries where our affiliates and service providers are located. Please note that some of these countries may have data protection laws that are different from your country (and, in some cases, may not be as protective). For Decise users in the EEA, Switzerland or UK, where we transfer your information to a third-party service provider that is not located in Europe, and is not in a country that benefits from an adequacy decision by the European Commission, UK or Swiss authorities, we will require those third party providers to enter into an agreement that provides appropriate safeguards for your information, including by using the EU Model Clauses and the UK International Data Transfer Addendum.

11. Amendments

We reserve the right to amend this Privacy Policy from time to time as we see fit. While we endeavour to notify you as soon as reasonably possible of any changes to our Policies by email or by a notice on our Services, it is your responsibility to keep up to date with any changes or amendments by checking this page prior to using our Services. This page contains our most accurate and up to date version of our Privacy Policy.

12. Contact us

All requests for access or corrections to your Personal Information and complaints should be directed to our Privacy Officer. If submitting a complaint, please provide our Privacy Officer with full details of your complaint and any supporting documentation:

(a) by contact form at decise.ai;

(b) by e-mail at [email protected], or

(c) by letter to The Privacy Officer, Decise AI Pty Ltd c/o PO Box 102, Chadstone Shopping Centre, Chadstone VIC 3148.

If you are not satisfied with our handling of your complaint or we have not replied to you within a reasonable period of time, then you are entitled to make a complaint to the Office of the Australian Information Commissioner.