Privacy Policy.
United States of America
DATANEST SOFTWARE LTD (“we,” “us,” “our”) respects your privacy and is committed to protecting it.
This Privacy Policy explains how we collect, use, and disclose personal information when you use our platform and associated services, your rights in determining what we do with the data that we collect or hold about you and tells you how to contact us.
We recommend that you keep this information for future reference.
1. The kinds of personal information collected, used and disclosed by DATANEST SOFTWARE LTD
We will only use or disclose your personal information for the primary purposes for which it was collected or as consented to by you. At or before the point of collection, we provide a notice that includes the following:
- Categories of personal information (including sensitive personal information) to be collected,
- Purposes for collection/use,
- Whether the information is “sold” or “shared” for cross-context behavioural advertising,
- The retention period or criteria used to determine retention for each category,
- Options to opt-out of sale/sharing and to limit sensitive personal information.
We also set out some common collection, use and disclosure instances in the table below.
- Contact information: Such as your name, Company name, address, billing address (if different to address), email address, phone numbers, username and password.
- Customer Service: Information collected in connection by our customer services department.
The types of uses we will make of personal information collected for this type of purpose include:
- Services: the provision of our services to you including:
- Using your personal information in order for you to use the products and services offered.
- To provide customer service functions, including handling customer enquiries and complaints. - Marketing: using your personal information for the purposes set out in “Marketing Services” section below.
- General administrative and security use:
- To protect DATANEST SOFTWARE LTD’s websites from security threats, fraud or other criminal activities.
- The use for the administration and management of DATANEST SOFTWARE LTD.
- The maintenance and development of our products and services, business systems and infrastructure.
- In connection with the sale of any part of DATANEST SOFTWARE LTD’s business or a company owned by a DATANEST SOFTWARE LTD entity.
- To provide customer services to clients and for quality assurance purposes.
The types of disclosures we will make of personal information collected for the type of purposes listed include, without limitation, to:
- Third parties connected with the sales process including e-commerce, payment gateway providers and financial institutions.
- Service providers (including IT service providers and consultants) who assist DATANEST SOFTWARE LTD in providing our products and services.
- Related bodies corporate of DATANEST SOFTWARE LTD (including related entities).
- Third parties in connection with the sale of any part of DATANEST SOFTWARE LTD’s business or a company owned by a DATANEST SOFTWARE LTD entity.
- As required or authorized by law.
- Contact information: Such as your name, email address, current postal and residential addresses, phone numbers, country of residence (and, if applicable, age).
- Website enquiries: Such as your name, email address, phone number and any information you provide to us as part of your message.
- Online blogs/Forums: Information such as:
- User account information such as username and other contact information.
- Any other information provided to Datanest or posted on the Community Forum and Blogs. - Social media activity: Including “likes”, comments posted, any of your oppositions or feedback, photos posted or uploaded and other information pertaining to your social media activities which concern, or relate, to DATANEST SOFTWARE LIMITED.
- General marketing and consumer analytics: using your Personal Information:
- To aggregate with other information and to then use it for marketing and consumer analytics.
- To offer you updates on products, events or information that may be of interest to you.
- For Marketing and promotional activities by us (including by direct mail, telemarketing and email) such as our email alerts, product awareness information and newsletters.
- For the Uses detailed above in “Sales and enquiries”. - Online accounts or social media: If you create an account with DATANEST SOFTWARE LIMITED or participate in our social media platforms (such as Facebook, X and LinkedIn) and you provide us your Personal Information, we will use it for:
- Adding account holders to the marketing database.
- Customer service related contact.
- Responding to social media messages.
- Fulfilling social media platform rules.
We may disclose your Personal Information to:
- Third parties connected with the marketing process who assist us in providing our products and services to you.
- The parties listed in the Disclosure column for “Sales and enquiries”.
- Contact information: Such name, e-mail address, current postal and residential address, phone numbers, country of residence, next of kin contact details.
- Employee record information
- Identifying information: Such as your photo, passport and residency details, date of birth.
- CV, resume or application related information: Such as the details provided in your resume or CV, your eligibility to work in Australia, your education, previous employment details, professional memberships or trade qualifications.
- Tax, superannuation and payroll information: Such as your Tax File Number and ATO Declaration, Superannuation details and financial institution details.
- Background check information: Information obtained from you or third parties to perform background checks.
- Medical or health information which you voluntarily provide to us as part of pre-employment medicals, random drug and alcohol testing or such other information which may be related to an incident which has occurred during the course of your employment.
- Performance related information: Pre-employment testing and other information collected by DATANEST SOFTWARE LIMITED’s systems in the course of the employee or contractor’s engagement with DATANEST SOFTWARE LIMITED.
- Information collected from referees
- Security information: Such as CCTV footage and photographs taken on our premises.
- Background checks: Utilising the information collected for the purpose of assessing candidate suitability for role, including by obtaining:
- Verification of your identity and age.
- Criminal history background checks including publicly available information including Facebook, X Instagram, YouTube.
- Confirmation of eligibility to work.
- Confirmation of education and qualifications.
- Confirmation of previous employment.
- Consideration regarding medical leave. - Administration and performance monitoring use: Utilising the information collected for the purpose of:
- Dealings related to the employer/employee relationship or the contractor/principal relationship (as the case may be).
- Use of such information whether or not the employment or contractor relationship is prospective, current or past.
- Use of such information to monitor systems, performance and time usage and internet usage.
- The use of your Personal Information collected in the administration and management of DATANEST SOFTWARE LIMITED.
- In connection with the sale of any part of DATANEST SOFTWARE LIMITED’s business or a company owned by a DATANEST SOFTWARE LIMITED entity.
We may disclose your Personal Information to:
- Relevant superannuation company.
- Government agencies, including but not limited to The Internal Revenue Service (IRS).
- Relevant Worker’s Compensation organisation.
- Third party referees provided by you in connection with an application made to DATANEST SOFTWARE LIMITED.
- Service providers (including IT service providers and payroll providers), if any.
- Recruitment agents used in connection with your application with us.
- Third parties in connection with the sale of any part of DATANEST SOFTWARE LIMITED’s business or a company owned by a DATANEST SOFTWARE LIMITED’s entity.
- Third party parties in connection with obtaining any background checks, pre-employment screening.
- Financial institutions for payroll purposes.
- As required or authorized by law.
2. How DATANEST SOFTWARE LIMITED collects and holds personal information
2.1 Collection generally
As much as possible or unless provided otherwise in this Privacy Policy or a notification, we will collect your personal information directly from you. When you engage in certain activities, such as filling out a survey or sending us feedback, we may ask you to provide certain information. It is completely optional for you to engage in these activities.
Depending upon the reason for requiring the information, some of the information we ask you to provide may be identified as mandatory or voluntary. If you do not provide the mandatory information, or any other information we require in order for us to provide our products or services to you, we may be unable to provide our products or services to you in an effective manner, or at all.
2.2 Other collection types
We may also collect personal information about you from other sources and third parties. Some examples of these alternative collection events are:
(a) when we collect personal information about you from third parties; or
(b) when we collect personal information about you from publicly available sources including but not limited to, court judgments, directorship and bankruptcy searches, postal services, online directories, and social media platforms (such as Facebook, Twitter, Google, Instagram etc).
2.3 Notification of collection
If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why, unless special circumstances apply, including as described in this clause 2.3(a) to 2.3(c) below. Generally speaking, we will not tell you when we collect personal information about you in the following circumstances:
(a) where information is collected from any personal referee you have listed on any application form (including any employment application) with DATANEST SOFTWARE LTD;
(b) where information is collected from publicly available sources including but not limited to court judgments, directorship and bankruptcy searches, social media platforms (such as Facebook, Twitter, Google, Instagram etc); or
(c) as otherwise required or authorized by law.
2.4 Unsolicited personal information
In the event we collect personal information from you, or a third party, in circumstances where we have not requested or solicited that information (known as unsolicited information), and it is determined by DATANEST SOFTWARE LTD (in its absolute discretion) that the personal information is not required, we will destroy the information or ensure that the information is de-identified.
In the event that the unsolicited personal information collected is in relation to potential future employment with DATANEST SOFTWARE LTD, such as your resume or candidacy related information, and it is determined by DATANEST SOFTWARE LTD (in its absolute discretion) that it may consider you for potential future employment, DATANEST SOFTWARE LTD may keep the personal information on its human resource records.
2.5 How we hold your Personal Information
Once we collect your personal information, we will either hold it securely and store it on infrastructure owned or controlled by us or with a third party service provider who have taken reasonable steps to ensure they comply with our privacy practices. We provide some more general information on our security measures in Section 8 (Data security and quality).
2.6 Cookies and IP addresses
If you use our website, we may utilize "cookies" and similar technology for site functionality, analytics, targeted advertising, and to serve you more efficiently if you revisit our website. In most cases, a cookie does not identify you personally but may identify your internet service provider or computer.
We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally.
However, in some cases, cookies may enable us to aggregate certain information with other personal information we collect and hold about you. DATANEST SOFTWARE LTD extends the same privacy protection to your personal information, whether gathered via cookies or from other sources, as detailed in this Privacy Policy.
You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. However, if you disable cookies, you may not be able to access certain areas of our websites or take advantage of the improved web site experience that cookies offer.
We honor Global Privacy Control (GPC) signals as valid opt-outs for sale/sharing and targeted advertising where required by law. We do not respond to “Do Not Track” signals except as required by California law.
2.7 Storage
All Client Data as defined in our U.S. Terms and Conditions will be stored on our cloud server or on a third-party server. Any such information will be used by us solely for our own statistical purposes. We will not disclose any Client Data to third parties without first obtaining the Client’s consent, except when required or permitted by law and in accordance with any applicable privacy acts. To the extent that any Client Data is personal information, the Client is entitled to control certain aspects of our use of such personal information held by us in accordance with any applicable privacy acts.
3. Uses and discloses of personal information
3.1 Use and disclose details
We provide a detailed list at Section 1 of some common uses and disclosures we make regarding the personal information we collect.
3.2 Other uses and disclosures
We may also use or disclose your personal information and in doing so we are not required to seek your additional consent:
(a) when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose;
(b) if we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious or imminent threat to an individual’s life, health or safety or to lessen or prevent a threat to public health or safety;
(c) if we have reason to suspect that unlawful activity has been, or is being, engaged in; or
(d) if it is required or authorized by law.
3.3 Use and disclosure procedures
In the event we propose to use or disclose such personal information other than for reasons set out in the above table at Section 1 or as otherwise outlined in this Privacy Policy, we will first notify you or seek your consent prior to such disclosure or use.
Your personal information is disclosed to these organizations or parties only in relation to the products or services we provide to you or for a purpose permitted by this Privacy Policy.
We take such steps as are reasonable to ensure that these organizations or parties are aware of the provisions of this Privacy Policy in relation to your personal information.
3.4 Sensitive Personal Information
We only use sensitive personal information (e.g., data that could reveal your sensitive information, including your racial or ethnic origin, religious or philosophical beliefs, sexual orientation, or health or disability information) for the purposes for which it was collected.
3.5 Your Privacy Rights
California Residents (CCPA/CPRA) have the right to, for example:
• Know: Request the categories of personal information we collected in the past 12 months; the sources; the business or commercial purposes; and the categories of third parties with whom we disclose it.
• Access: Request specific pieces of personal information we hold about you.
• Delete: Request deletion of personal information, subject to legal exceptions.
• Correct: Request correction of inaccurate personal information.
• Opt-Out of Sale or Sharing: Direct us not to sell or share your personal information for cross-context behavioral advertising.
• Limit Use and Disclosure of Sensitive Personal Information: Direct us to limit use/disclosure of sensitive personal information to what is necessary to provide requested services.
• Non-Discrimination: We will not discriminate against you for exercising any privacy rights.
• We do not respond to “Do Not Track” (DNT) signals except as required by California law. However, we honor GPC and other universal opt-out mechanisms where applicable.
Residents of other states (e.g., CO, VA, CT, OR, TX, DE, NJ, UT) may have the right to, for example:
• Access: Request specific pieces of personal information we hold about you.
• Delete: Request deletion of personal information, subject to legal exceptions.
• Correct: Request correction of inaccurate personal information.
• Data portability
• Right to opt-out of targeted advertising, sale of personal data, and certain profiling, and may appeal if we deny a request.
• We honor universal opt-out mechanisms (UOOM) where required by law.
If you have received communications from us and you no longer wish to receive those sorts of communications, you should contact us and we will ensure the relevant communication ceases. Any other use or disclosure we make of your personal information will only be as required or authorized by law or as permitted by this Privacy Policy or otherwise with your consent.
We honor legally recognized opt-out preference signals, such as Global Privacy Control (GPC), as valid requests to opt out of the sale or sharing of personal information and targeted advertising where required by law. When we detect a GPC signal from your browser or device, we will apply your opt-out choice without requiring additional steps.
Contact us via one of the methods described in Section 12. We will verify and respond within the timelines required by law.
4. Sensitive information
4.1 Sensitive information generally
Sensitive information is a subset of personal information. It means information or opinion about an individual’s racial or ethnic origin, political opinions, membership of a political organization, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information about an individual, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates. California residents may direct us to limit the use and disclosure of sensitive personal information to what is necessary for providing requested services. For other states, consent may be required for processing sensitive data.
4.2 Collection and use of sensitive information
In general, we attempt to limit the collection of sensitive information we may collect from you, but depending on the uses you make of our products this may not always be possible and we may collect sensitive information from you in order to carry out the services provided to you. However, we do not collect sensitive information from you without your consent.
The type of sensitive information we may collect about you is dependent on the services provided to you by DATANEST SOFTWARE LTD will be limited to the purpose(s) for which it is collected. We set out some types of sensitive information we may collect about you in the “Human resources” section of the table at Section 1 above.
We do not use sensitive information to send you Direct Marketing Communications (as set out in Section 5 below) without your express consent.
4.3 Consent
We may collect other types of sensitive information where you have consented and agree to the collection of such information. Generally speaking, we will obtain this type of consent from you at (or around) the point in time in which we collect the information.
5. Direct Marketing
5.1 Express informed consent
You give your express and informed consent to us using your personal information set out in:
(a) the “Sales and Enquiries” section of the table at Section 1 of this document above; and
(b) the “Marketing Services” section of the table at Section 1 of this document above;
to provide you with information and to tell you about our products, services or events or any other direct marketing activity (including third party products, services, and events) which we consider may be of interest to you, whether by post, email, SMS, messaging applications and telephone (Direct Marketing Communications). Any email marketing complies with CAN-SPAM and any SMS/telemarketing complies with TCPA.
5.2 Inferred consent and reasonable expectations of direct marketing
Without limitation to paragraph 5.1, if you have provided inferred or implied consent (e.g. not opting out where an opt-out opportunity has been provided to you) or if it is within your reasonable expectation that we send you Direct Marketing Communications given the transaction or communication you have had with us, then we may also use your personal information the purpose of sending you Direct Marketing Communications which we consider may be of interest to you.
5.3 Opt-out
If at any time you do not wish to receive any further Direct Marketing Communications from us or others under this Section 5, you may ask us not to send you any further information about products and services and not to disclose your information to other organizations for that purpose. You may do this at any time by using the “unsubscribe” facility included in the Direct Marketing Communication or by contacting us via the details set out in this document.
6. Anonymity and pseudo-anonymity
Due to the nature of the goods and services we provided, it is only practicable or reasonable for DATANEST SOFTWARE LTD to transact and correspond with you on a named basis. Your personal information may be required in order to provide you with our goods and services, or to resolve any issue you may have.
7. Cross Border Disclosure
7.1 Cross border disclosures
We transfer personal information internationally using contractual safeguards and security measures. U.S. laws do not require consumer consent for such transfers. Provision of informed consent
By submitting your personal information to DATANEST SOFTWARE LTD, you expressly agree and consent to the disclosure, transfer, storage or processing of your personal information outside of the United States. In providing this consent, you understand and acknowledge that countries outside of the United States do not always have the same privacy protection obligations as the United States in relation to personal information. However, we will take steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.
We acknowledge the importance of protecting personal information and have taken reasonable steps to ensure that your information is used by third parties securely and in accordance with the terms of this Privacy Policy.
7.2 If you do not consent
If you do not agree to the disclosure of your personal information outside of the United States by DATANEST SOFTWARE LTD, you should (after being informed of the cross border disclosure) tell DATANEST SOFTWARE LTD that you do not consent. To do this, either elect not to submit the personal information to DATANEST SOFTWARE LTD after being reasonably informed in a collection notification or please contact us via the details set out at the top of this document.
8. Data security and quality
8.1 DATANEST SOFTWARE LTD’s security generally
We have taken steps to help secure and protect your personal information from unauthorized access, use, disclosure, alteration, or destruction. You will appreciate, however, that we cannot guarantee the security of all transmissions or personal information, especially where human error is involved or malicious activity by a third party.
Notwithstanding the above, we will take reasonable steps to:
(a) make sure that the personal information we collect, use or disclose is accurate, complete and up to date;
(b) protect your personal information from misuse, loss, unauthorized access, modification or disclosure both physically and through computer security methods; and
(c) destroy or permanently de-identify personal information if it is no longer needed for its purpose of collection.
8.2 Accuracy
The accuracy of personal information depends largely on the information you provide to us, so we recommend that you:
(a) let us know if there are any errors in your personal information; and
(b) keep us up-to-date with changes to your personal information (such as your name or address).
We provide information about how you can access and correct your information in Section 9.
9. Access to and correction of your personal information
You are entitled to have access to any personal information relating to you which we hold, except in some exceptional circumstances provided by law. You are also entitled to edit and correct such information if the information is inaccurate, out of date, incomplete, irrelevant or misleading.
If you would like access to or correct any records of personal information we have about you, you are able to access and update that information (subject to the above) by contacting us via the details set out at the top of this document.
10. Minors
DATANEST SOFTWARE LTD is not directed at minors. We do not knowingly collect, sell, or share personal information of consumers under 16 years of age. If we become aware that we have collected personal information from a minor without the required consent, we will promptly delete such information.
If a minor has provided us with personal information without parental or guardian consent, the parent or guardian should contact us using the information in Section 12 below.
11. Record Retention
We retain personal information only for as long as necessary to fulfill the purposes set forth in this Privacy Policy, unless a longer retention is required or permitted by law.
We will not retain personal information for longer than is reasonably necessary for the disclosed purposes. When retention is no longer required, we will securely delete or anonymize the information in accordance with applicable law.
12. Resolving Privacy Complaints
12.1 Complaints generally
We have put in place an effective mechanism and procedure to resolve privacy complaints. We will ensure that all complaints are dealt with in a reasonably appropriate timeframe so that any decision (if any decision is required to be made) is made expeditiously and in a manner that does not compromise the integrity or quality of any such decision.
12.2 Contacting DATANEST SOFTWARE LIMITED regarding complaints
If you wish to know, delete, or correct your personal information, or if you have any concerns or complaints about the manner in which we have collected, used or disclosed and stored your personal information, please contact us:
Telephone: +64 3 395 9299
Email: greg@datanest.earth
Address: Suite 15, 14 Broad Street, Christchurch, New Zealand
12.3 Steps we take to resolve a complaint
In order to resolve a complaint, we:
(a) will liaise with you to identify and define the nature and cause of the complaint;
(b) may request that you provide the details of the complaint in writing;
(c) will keep you informed of the likely time within which we will respond to your complaint; and
(d) will inform you of the legislative basis (if any) of our decision in resolving such complaint.
12.4 Register of complaints
We will keep a record of the complaint and any action taken in a Register of Complaints.
13. Consent, modifications and updates
13.1 Interaction of this Policy with contracts
This Privacy Policy is a compliance document prescribed by law rather than a legal contract between two or more persons. However, certain contracts may incorporate all, or part, of this Privacy Policy into the terms of that contract. In such instances, DATANEST SOFTWARE LTD may incorporate the terms of this policy such that:
(a) certain sections or paragraphs in this policy are incorporated into that contract, but in such a way that they do not give rise to contractual obligations onto DATANEST SOFTWARE LTD, but do create contractual obligations on the other party to the contract; and
(b) the consents provided in this policy become contractual terms provided by the other party to the contract.
13.2 Acknowledgement
By using our website, purchasing a product or service from DATANEST SOFTWARE LTD, where you have been provided with a copy of our Privacy Policy or had a copy of our Privacy Policy reasonably available to you, you are acknowledging and agreeing:
(a) to provide the consents given by you in this Privacy Policy; and
(b) that you have been informed of all of the matters in this Privacy Policy.
13.3 Modifications and updates
We reserve the right to modify our Privacy Policy as our business needs require. We will take reasonable steps to notify you of such changes (whether by direct communication or by posting a notice on our website). If you do not agree to our continued use of your personal information due to the changes in our Privacy Policy, please cease providing us with your personal information and contact us via the details set out at the top of this document. We update this Privacy Policy at least once every 12 months as required by law.