MAGIQ has obligations concerning the collection, use, disclosure and storage of personal information. These obligations are set out in the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (Privacy Act), the New Zealand Information Privacy Principles (IPPs) under the Privacy Act 2020 (NZ Privacy Act) and other applicable State and Territory privacy laws.
You consent to us collecting, holding, using and disclosing your personal information in accordance with this policy.
What is personal information?
“Personal information” is information or an opinion about an identified individual or reasonably identifiable individual, whether true or not or whether recorded in material form or not.
What personal information do we collect and hold?
The personal information we collect and hold includes information about eg. customers, prospective employees and contractors.
The personal information that we collect and hold may include an individual’s:
- address, email address, telephone number;
- date of birth;
- email address;
- telephone number and other contact details;
- records of communications to you;
- username and passwords;
- Customer employment records and payroll information held in MAGIQ Software’s systems
- financial information including bank account details;
- the location from which you have come to the site and the pages you have visited;
- technical data, which may include IP address, the types of devices you are using to access the website, device attributes, browser type, language and operating system; and
- information provided to us via customer surveys and direct marketing.
What is Sensitive information
“Sensitive information” is a sub-category of personal information which includes information about an individual’s racial or ethnic origin, political opinions, membership of political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association or trade union, sexual preferences or practices, criminal record, health information, genetic or certain biometric information
What is Sensitive information do we collect and hold?
We also collect sensitive information, including:
- health information;
- trade union association; and
- any other sensitive information loaded into MAGIQ Software’s systems
How do we collect and hold personal information?
We may collect personal information from the individual concerned or from a third party.
We may collect this information when you communicate with us verbally, through our website, by telephone, by e-mail or through a written application or when information is entered by our customers into MAGIQ Software’s systems or by tracking your use of MAGIQ Software’s systems.
The information that we collect may be stored by a third-party data storage provider, and may be combined with or linked to other information held about you.
We have processes in place to ensure that our records remain accurate, complete and up to date, including by verifying the information with you each time you use our services or from other sources.
Personal information is only stored for as long as it is needed for the purpose for which it was collected or as required by law.
If the information is no longer required by us for any purpose for which it was collected and is no longer required by law to be retained by us, we may destroy or de-identify the information.
Can I remain anonymous?
You can always choose to deal with us anonymously or by using a pseudonym.
However, please note that if you choose to remain anonymous, this may affect your ability to access or use certain functions of our website or services.
If you wish to remain anonymous when dealing with us via a telephone call, please advise the call operator assisting you. Providing your personal details enables us to provide you with a contact record reference number which allows you, and other authorised persons, to retrieve information about that call at a later date.
Why do we collect, hold, use and disclose personal information?
We collect, hold, use and disclose personal information for the following purposes:
- to enable you to access and use our website, MAGIQ Software’s systems and services;
- to operate, improve and optimise our website, MAGIQ Software’s systems and services and yours and other users’ experience;
- to send support and administrative messages, reminders, technical notices, updates, security alerts, and information to you;
- to send marketing and promotional messages to you and other information that has been requested or which may be of interest; and
- to comply with our legal obligations.
To whom do we disclose personal information?
We may disclose personal information to the following third parties for the purposes listed above:
- MAGIQ’s parent company and other related companies (Group Entities);
- trading partners and service providers (of MAGIQ and Group Entities);
- our employees and third parties including contractors, consultants, advisers and partners;
- government agencies or authorities, regulators, law enforcement agencies and other parties where authorised or required by law who ask us to disclose that information and to which we are legally required to disclose your personal information; and
- parties identified at the time of collecting your personal information or as otherwise authorised by you.
We may disclose personal information to external service providers so that they may perform services for you or on our behalf.
When we disclose personal information to third parties, we make all reasonable efforts to ensure that we disclose only relevant information and that it is accurate, complete and up to date and that the third party will comply with the Privacy Act in relation to that information.
We may disclose personal information in other circumstances, where the person concerned has consented to the disclosure, or where we are expressly permitted to do so by the Privacy Act or the NZ Privacy Act.
These other disclosures may include where:
- You would reasonably expect the disclosure to occur (for example, quality assurance purposes or training);
- We are authorised or compelled by law to disclose;
- It is necessary as part of the establishment or defence of a legal claim;
- It is requested by an enforcement agency such as the police; or
- It is a necessary part of an investigation following a complaint or incident.
Disclosure of personal information outside Australia
Some of the third parties to whom we may disclose personal information such as third- party cloud service providers may be located or have their servers located overseas.
The countries in which those third parties may be located are:
- New Zealand; and
- United States.
Where we disclose information outside of Australia, we will take reasonable steps to ensure that any such person to whom personal information is disclosed will deal with that information in a way that is consistent with the APPs and the NZ Privacy Act.
By using our products or services (including our website) and providing us with your personal information, you consent to the disclosure by us, and to the storage and use of your personal information in the countries listed above which may be other than the country in which you are located where a different privacy or data protection regime applies.
Do we use your personal information for marketing?
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 or our related companies.
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.
A “cookie” is a small file stored by the web browser software on a computer when you access our website and MAGIQ Software’s systems. (An explanation of cookies can be found at the website of the Australian Information Commissioner at www.oaic.gov.au). We use a session cookie for maintaining contact and authentication with a user throughout a web browsing session. Session cookies expire when the browsing session comes to an end or a user shuts down their computer.
We use a persistent cookie for tracking a user’s browsing behaviour upon return to our website / for statistical purposes and to improve our website / any other reason cookies are used.
The information generated by the cookie about your use of the website (including their IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of compiling reports on the website activity and providing other services relating to the website and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate a person’s IP address with any other data held by Google.
When you visit our website, a record is made of your visit, including the following information:
- your server address;
- your top level domain name
- the date and time of access to the site;
- pages accessed and documents downloaded;
- the previous site visited; and
- the type of browser software in use.
We analyse this non-identifiable website traffic data (including through the use of third-party service providers) on an aggregated basis to improve our services and for statistical purposes.
No attempt will be made to identify users or their browsing activities except in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the Internet Service Provider’s log files.]
Security of your personal information
To protect personal information from misuse and loss, and from unauthorised access, modification or disclosure:
- our staff are trained in how to keep your information safe and secure;
- we store your electronic records in secure systems; and
- we use trusted contracted service providers (including cloud storage providers).
The personal information of our employees, systems and most of the third parties we share information with are located in Australia or Asia-Pacific, with some of this personal information stored in secure cloud systems. We require from all our cloud suppliers that such information is to be hosted in Australia.
MAGIQ Software’s systems and website sites may have links to other websites not controlled or owned by us. We are not responsible for these sites or any consequence of a person’s use of those sites. In particular, we are not responsible for the privacy policies or practices of the operators of other websites. We recommend that you review the privacy policies of those external websites before using them.
How can I access or correct my personal information?
We have measures in place to ensure that the information we hold about individuals is accurate, complete and up to date. If you learn that personal information we hold about you is inaccurate, incomplete or not up to date you should contact us so that the information can be updated.
If you wish to see what information we hold about you, you can ask us for a copy.
Sometimes it may not be possible to give you a copy of the information if it was provided anonymously, if it contains details about other people, or if it would be unsafe to provide the information (for instance, if it may lead to harm being done to another person).
If we refuse to provide you with access to your record or to update your record in the way you request, we will provide you with written reasons.
If we refuse to correct or update your information, you may request that we make a note on your record that you are of the opinion that the information is inaccurate, incomplete, out of date, irrelevant or misleading, as the case may be.
There is no charge for requesting access to your personal information, but we may require you to meet our reasonable costs in providing you with access (such as costs for time spent on collating large amounts of material).
You will be notified of any likely costs before your request is processed.
How can I make a complaint?
If you have a complaint or concern regarding our handling of your personal information or think that your privacy has been affected you should contact us as detailed below for an examination of your complaint or concern. If you remain unsatisfied with the way in which we have handled a privacy issue, you may approach an independent advisor or contact the Office of the Australian Information Commissioner (OAIC) or the Office of the New Zealand Privacy Commissioner (OPC) (www.privacy.org.nz).
P: +64 6 835 9380 (NZ)
P: +61 3 9468 9400 (AUS)
Suite 4, Level 1
19-23 Prospect Street
Box Hill Melbourne
VIC 3128 Australia
58 Tennyson Street
Napier 4110 New Zealand
Privacy Officer: Adam Dunkerley