Our Privacy Commitment
General
Zipline Cloud Pty Ltd ACN 613 136 824 trading as Pendula Solutions and affiliates is committed to protecting the personal information we collect from you. We provide intelligent, omni-channel communications solutions that are optimised to integrate with various software platforms. As such, we engage with personal information in two capacities:
- Firstly, as a data controller (or primary collector). For example, if you are our customer or if you visit our website. In this case we collect the personal information and use that information to maintain our relationship with you.
- Secondly, as a data processor (or service provider) to other organisations who are the data controller or primary collector. In this case your personal information is provided to us by the data controller in order for us to provide our services to them.
Where we act as:
- the data controller, we will refer to you as the ‘customer’ in this policy; and
- the data processor, we will refer to you as the ‘customer’s customer’.
This Privacy Policy explains how we collect and use your personal information in relation to our products, services, events, and websites or applications. It also describes how you can control or exercise your rights related to your personal information.
You consent to us collecting, holding, using and disclosing your personal information in accordance with this policy.
Collection
Personal information we collect
If you are our customer we may collect and hold personal information about you. In particular, we may collect:
- Identity data, including your name, email address, postal address, phone number, username and device identifiers such as IP addresses and advertising identifiers.
- Commercial data, including purchasing history, payments to and from us, and transactional information, such as banking information, credit cards and other payment information.
- Marketing data, including your preferences in receiving marketing from us and our third parties and your communication preferences.
- Technical data, such as your browsing history, search history, device information, and your usage of our websites and services.
- Geolocation data, such as approximate location based on your IP address, mobile device location, or information you provide to us (such as city and state you provide through a webform). You may be able to control collection of this data through the settings of your device.
- Audio and video data, such as CCTV recordings of our premises, recordings of your interactions with our sales, marketing and product teams or customer support chat or messaging logs.
- Inferences as defined by California law reflecting your identity and marketing data.
- Cookies and similar technologies, such as cookies and similar technologies to collect information about your interactions with our products. Please see the Cookies and tracking section of this notice for details on the cookies we collect
If you are our customer’s customer, we may access or receive certain of your personal information as necessary to provide our services. For instance, we may be given your mobile telephone number in order to be able to send you an SMS and be provided with the contents of that SMS which may contain your personal information (e.g. appointment bookings).
We also receive access to the information you include in your communications with our customers (for instance, if you respond to an SMS sent using our platform on behalf of our customer).
Method of collection
If you are our customer we may collect from the following sources:
- Information provided to us directly when you register and communicate with us directly through our websites and social media, visit our offices, or participate in our events, marketing, and outreach activities.
- Information collected from your employer to make use of our services.
- Information automatically collected about your interactions with our website.
- Information from public sources and information you share in public forums, such as social media.
- Information from other third parties such as entities with whom we partner to sell or promote products and services
There may, however, be some instances where personal information about you will be collected indirectly because it is unreasonable or impractical to collect personal information directly from you. We will usually notify you about these instances in advance, or where that is not possible, as soon as reasonably practicable after the information has been collected.
If you are our customer’s customer we will receive your personal information from your service provider (our customer) or from you (for example, if you reply to a message sent using our platform). We rely on your service provider (our customer) to inform you of the collection and use of your personal information and to obtain your consent where required.
Failure to provide information
If the personal information you provide to us is incomplete or inaccurate, we may be unable to provide you, or someone else you know, with the services you, or they, are seeking.
If you are our customer’s customer, you separately control your privacy settings and arrangement with our corresponding customer, through your direct relationship with them. If you do not provide your information to them, they may not be able to provide their services to you.
Purpose of collection
The personal information that we collect and hold about you depends on your interaction with us.
If you are our customer we will generally collect, use and hold your personal information if it is reasonably necessary for or directly related to the performance of our functions and activities and/or for the purposes of:
- providing services to you or someone else you know;
- providing you with promotional material and information about other goods and services that we offer that may be of interest to you;
- facilitating our internal business operations, including the fulfilment of any legal requirements; or
- analysing our services and customer needs with a view to developing new or improved services.
We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
If you are our customer’s customer, we process your information for the purposes of providing our services to our customer. Typically, this means we use your information for the purpose of sending you messages, analysing the contents of your messages to determine the most appropriate response, and delivering your messages to our customer.
We do not directly process data privacy requests from a customer’s customer (except where required by law). These requests will be referred back to your service provider (our customer) who provided the personal information to us.
Use and disclosure
We use a limited number of third-party service providers to assist us in processing data for certain purposes. These third-party providers help support certain site features, technical operations and provide data storage services and may process or store personal information while providing their services. We maintain contracts with these third parties restricting their access, use and disclosure of personal information.
We may share your personal information as follows or as otherwise described in this Privacy Policy:
- Affiliates and subsidiaries: We may share your personal information with affiliates including parent and ultimate holding companies, affiliates, subsidiaries, business units, and other companies that we acquire in the future after they are made part of our corporate group.
- Service providers: We use third-party service providers including hosting services, authentication services, cyber security services and advertising, which may require us to share your personal information. A list of subprocessors can be found at https://www.pendula.com/subprocessors.
- Business transfers: We may share your data with entities involved in a corporate transaction, including if we sell, acquire, or merge all or some of our assets. If a change happens to our business, then the new owners may use your personal information in the same way as set out in this Privacy Policy.
We may also disclose your personal information to others outside our group of companies where:
- we are required or authorised by law to do so; or
- you may have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances.
If you are our customer’s customer, we only use your personal information as necessary to perform our services for our customer. We do not separately process your personal information for our own purposes unless you are separately our customer.
Cookies and tracking technologies
Our website uses cookies. The main purpose of cookies is to identify users and to prepare customised web pages for them. Cookies do not identify you personally, but they may link back to a database record about you. We use cookies to monitor usage of our website and to create a personal record of when you visit our website and what pages you view so that we may serve you more effectively.
We do not track cookies for our customers’ customers and no cookies are used to deliver messages to our customers’ customers.
For our website we track the following cookies.
How do we use cookies for advertising purposes?
Cookies and other ad technology such as beacons, pixels, and tags help us to market more effectively to users that may be interested in our services. They also help with aggregated auditing, research, and reporting.
What can you do if you don't want cookies to be set or want them to be removed?
You have the option to disable and delete cookies that may not be necessary for the basic functionality of our website. Please note, blocking categories may impact your experience on our website. You may access the Cookie Manager at the bottom of any page on www.pendula.com.
Does Zipline Cloud Pty Ltd (Pendula) respond to "do not track" signals?
We do not collect personal information about your online activities over time and across third-party websites or online services. Therefore, “do not track” signals transmitted from web browsers do not apply and we do not alter any data collection and use practices upon receipt of such a signal.
Security
We store your personal information in different ways, including in paper and in electronic form. The security of your personal information is important to us. We take reasonable measures to ensure that your personal information is stored safely to protect it from interference, misuse, loss, unauthorised access, modification or disclosure, including electronic and physical security measures. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Data retention
We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. For more information on data retention, please contact us.
Where we anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes, we may use this information indefinitely without further notice to you.
External links
When interacting with us, you may encounter links to external sites or other online services, including those embedded in third-party advertisements. We do not control and are not responsible for privacy and data collection policies for such third-party sites and services. You should consult such third parties and their respective privacy notices for more information or if you have any questions about their practices.
Data Protection Rights
Data Protection Rights for Australian residents
You may access the personal information we hold about you, by making a written request to us. We will respond to your request within a reasonable period. We may charge you a reasonable fee for processing your request (but not for making the request for access).
We may decline a request for access to personal information in circumstances prescribed by the Privacy Act 1988 (Cth) and if we do, we will give you a written notice that sets out the reasons for the refusal.
If, upon receiving access to your personal information or at any other time, you believe the personal information we hold about you is inaccurate, incomplete or out of date, please notify us immediately. We will take reasonable steps to correct the information so that it is accurate, complete and up to date.
If we refuse to correct your personal information, we will give you a written notice that sets out our reasons for our refusal (unless it would be unreasonable to provide those reasons), including details of the mechanisms available to you to make a complaint.
Marketing to Australian residents
We will use your personal information to offer you products and services we believe may interest you, but we will not do so if you tell us not to. These products and services may be offered by us and our related companies , our other business partners or our service providers.
Where you receive electronic marketing communications from us, you may opt out of receiving further marketing communications by following the opt-out instructions provided in the communication or by emailing us to have your contact information removed from our promotional email list or registration database.
Please note opt-out requests are usually processed within 5 business days. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our services.
Data Protection Rights for EEA, Switzerland, UK and US residents and citizens:
Subject to applicable law, you have the following rights with respect to your personal information.
- Right to access. You have the right to request that we disclose to you in a portable format the personal information we collect, use, disclose, share, and sell about you.
- Right to correct. You have the right to correct errors in your personal information.
- Right to delete. You have the right to request that we delete your personal information that we’ve collected.
- Right to update. You have the right to request that inaccurate personal information we hold about you be corrected.
- Right to opt out. You have the right to opt out of behavioural or targeted advertising, automated profiling, and sales of personal information.
- Right to restrict the use and disclosure of your sensitive information. You have the right to request that we limit our use and disclosure of your sensitive personal information.
- Right to withdraw consent. You have the right to withdraw your consent at any time where we are processing your personal information based on your prior consent.
- Right to non-discrimination. You have the right not to receive discriminatory treatment because you’ve exercised any of your rights under the California Consumer Privacy Act (CCPA).
You may exercise these rights by contacting us using the details provided in the Contact Information section. Please note that we may refuse to act on requests to exercise data protection rights in certain cases, such as where providing access might infringe someone else’s privacy rights or impact our legal obligations.
If you use an authorised agent we may ask your agent to provide us with additional information to confirm your identity.
International transfers
International transfers of personal information out Australia to overseas recipients
We may disclose your personal information to recipients which are located outside Australia. Please refer to our subprocessors page for information of internal transfers outside of Australia.
International transfers of personal data out the EEA, Switzerland and UK
Due to the global nature of our operations, some of the recipients mentioned on our subcontractors page may be located in countries outside the EEA, Switzerland, or the U.K., which do not provide an adequate level of data protection as defined by data protection laws in the EEA, Switzerland, and the U.K.
Transfers within Zipline Cloud Pty Ltd or to third parties located in such third countries take place using a valid data transfer mechanism, such as the EU Standard Contractual Clauses and/or the U.K. Addendum to such clauses, approved codes of conduct and certifications mechanisms, on the basis of permissible statutory derogations, or any other valid data transfer mechanism issued or approved by the EEA, Swiss, or U.K. authorities. Certain third countries have been officially recognised by the EEA, Swiss, and U.K. authorities as providing an adequate level of protection and no further safeguards are necessary. Please reach out to us using the contact information in the Contact Information of this document if you wish to receive further information about how we transfer personal data or, where available, a copy of the relevant data transfer mechanism.
You may request to exercise your rights by using our webform or by emailing us at privacy@pendula.com. We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights.
Special category data
For customers we do not collect or process “sensitive personal information to infer characteristics about you.
For customers’ customers we do not collect or process “sensitive information” unless provided by the customer acting as the data controller.
Complaints
Complaints for Australia Residents and Citizens
If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal information, you should contact us. Our contact details are set out below.
We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.
If you are dissatisfied with our handling of a complaint or do not agree with the resolution proposed by us, you may make a complaint to the Office of the Australian Information Commissioner (“OAIC”) by contacting the OAIC using the methods listed on their website.
Complaints for EEA, UK or Switzerland
You may lodge a complaint with a data protection authority for your country or region where you have your habitual residence, where you work, or where an alleged infringement of applicable data protection law occurs. A list of EEA data protection authorities is available here, and the contact details for the UK Information Commissioner’s Office is available here.
Complaints for US Residents and Citizens
If you submit a request to exercise one of the above rights and you disagree with our decision regarding your request, you may have the right to appeal our decision under applicable law. To do so, please reply to our response.
To view our Data Subject Access Request form, please click here.
No sale or sharing of personal information
We do not sell your personal information, as those terms are defined under the CCPA.
Changes to this policy
From time to time, we may change our policy on how we handle personal information or the types of personal information which we hold. Any changes to our policy will be published on our website.
You may obtain a copy of our current policy from our website or by contacting us at the contact details below.
Zipline Cloud Pty Ltd. Affiliates
Our Affiliates currently include: Pendula UK LTD
Contact information
If you have questions or complaints regarding this Privacy Policy or about Zipline Cloud Pty Ltd’s privacy practices, please contact us by email at:
- privacy@pendula.com, or
- dpo@privacy.com for GDPR privacy questions or complaints
or in writing to:
- Zipline Cloud Pty Ltd
- Attn: Privacy Team
- Level 1/ 355 Crown Street Surry Hills
NSW, 2010, Australia
