12d Synergy Privacy Notice
About this Notice – Collection Notice
We respect your privacy
At 12d Synergy Pty Ltd, our mission is to help businesses succeed by creating a simpler, smarter way to work.
Protecting all the information we collect and using it only in ways you would expect, will help us meet this mission and create lasting relationships based on trust, so we can continue to help you work smarter.
Our approach to privacy is based on the following:
- We only collect and use information that we need to provide you with our exceptional services and solutions. Without collecting the necessary personal information, we could not do this.
- We only share your personal information with service providers who assist us in meeting our goal of helping you work smarter. We always ensure our service providers apply the same level of care to your personal information that we do.
- We will never spam you or sell your personal information and we will only send you marketing communications with your consent. You can ask us to stop sending you marketing communications at any time.
Who are we?
This privacy notice applies to 12d Synergy Pty Ltd ABN 92 624 225 421 (‘12d Synergy’).
We provide our data management and project collaboration software solutions (‘the Services’) to businesses in the architectural, engineering and construction industry.
12d Synergy Privacy Notice
Our Privacy Notice is designed to help you make an informed decision about sharing information with us, as part of ensuring that 12d Synergy remains a leading and trusted software solutions provider. It tells you how and why we collect, use and process personal information, the steps we take to keep your personal information safe and how you can contact us if you have any questions or concerns.
What personal information do we collect about you and how we collect it
What is personal information?
Personal information means information from which a person can be identified or potentially identified from. It may range from the very sensitive (e.g., your salary or financial details) to contact details (e.g. address and phone number).
What is sensitive information?
As a general rule, we don’t collect or hold sensitive information and we ask that our Customers refrain from using the Services to process or store sensitive information. Sensitive information is information or an opinion about you, including 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; or criminal record.
The personal information we collect about you will depend on how you interact with us and our relationship with you.
We collect information directly from you when you:
- visit our website;
- make enquiries or register for events via our website;
- view or download content and resources from our website;
- request a demo of our software;
- subscribe to the 12d Synergy blog;
- email or otherwise contact us, or
- set up and operate a license to use our Services on behalf of an organisation.
- utilise our Services in our Cloud Hosted environment
Customers
The Customer Information we collect includes:
- Contact details, including your name, email address and phone number;
- Business details, including business name and location;
- Financial information such as your organisation’s bank account details;
- Electronic data such as IP addresses
- Visual, audio and electronic information, such as correspondence, details of complaints and resolutions, or data provided by the customer in the use of our Services, such as documents, design files, or site images.
We call this information ‘Customer Information.’
We collect and process Customer Information as a Data Controller for the purposes of the General Data Protection Regulation (‘GDPR’).
We call information collected for this purpose ‘Customer Collected Information.’
Customers who use our Services upload or support the uploading of information about their employees, clients, business partners and other individuals. The Services also enable Customers to upload and manage Visual, audio or electronic information, such as business documentation, correspondence or design data, which may also include personal information. In these cases, the Customer determines what personal information they will collect and upload to the Services. We will only process this personal information to the extent necessary to provide our Services and in accordance with Customer instructions.
We process Customer Collected Information as a Data Processor (for GDPR purposes).
We assume that our Customers collect and process all Customer Collected Information lawfully and in accordance with their obligations as Data Controllers pursuant to the GDPR and other applicable data protection laws.
Users of Our Services
When you use our Services in a Cloud Hosted Environment, such as via our Windows Application, or our Mobile App, customers may directly send electronic information, such as Videos, Images, Audio, business correspondence, documentation, and design files, to our own servers. This may include personal information, at the discretion of the user.
When you use our Services in a Self Hosted Environment, such as via our Windows Application, or our Mobile App, customers may directly send electronic information, such as Videos, Images, Audio, business correspondence, documentation, and design files, to your own servers. We do not collect information in these cases.
Website Visitors
We collect personal information from you when you visit our website, including your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages and other statistics.
If you contact us via our website enquiry forms, request or download any of the resources on our website, subscribe to our blog or newsletter, or request a demo of 12d Synergy via our website, we will collect some personal information from you, to respond to your enquiry or process your request. The personal information we collect may include your name, your email address and your phone number.
Collecting information from other sources
We may also collect information about you from third party sources, such as public databases and social media platforms.
Examples of the information we receive from other sources include:
- demographic information (such as job title and organisation of employment);
- device information (such as IP addresses);
- location (such as city and state);
- online behavioural data (such as information about your use of social media websites, page view information and search results and links).
We use this information to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products, features, and services.
When you visit our site or interact with us online, for example, via social media sites or advertising, we and our third-party partners may automatically collect or receive certain information about you and the device(s) you use. We and our third-party partners use cookies and other tracking technologies to collect some of this information. For further information about this, please see our Cookies Notice.
We use social networking services such as Facebook, Instagram, LinkedIn and YouTube to communicate with Customers and the public about our products and services. When you communicate with us using these services, we may collect your personal information. The social networking service will also handle your personal information for its own purposes.
These social networking and non-affiliated sites have their own privacy policies and we recommend that you review them. We cannot control or be responsible for the policies of other sites we may link to, or the use of any personal information you may share with them.
Our website uses third-party tracking, such as Facebook, Google and LinkedIn, which allows user behaviours to be tracked after they have been redirected to the provider’s website from an ad displayed by the third-party service. This enables us to measure the effectiveness and relevancy of our advertising for statistical and market research purposes. The data collected in this way is anonymous to us and we do not see the personal data of individual users. This data may be stored and processed by the third-party provider, and a cookie may be stored on your computer for these purposes.
Our website uses Mouseflow a website analytics tool that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features/functionality. Mouseflow may record your clicks, mouse movements, scrolling, form fills (keystrokes) in non-excluded fields, pages visited and content, time on site, browser, operating system, device type (desktop/tablet/phone), screen resolution, visitor type (first time/returning), referrer, anonymized IP address, location (city/country), language, and similar metadata. Mouseflow does not collect any information on pages where it is not installed, nor does it track or collect information outside your web browser. If you’d like to opt out, you can do so at https://mouseflow.com/opt-out. If you’d like to obtain a copy of your data, correct it, or have it erased, please contact us first or, as a secondary option, contact Mouseflow at privacy@mouseflow.com.
Anonymity and pseudonymity
You can remain anonymous or use an alias when making a general enquiry about our services and products through email or via our website contact forms.
However, we may need you to provide personal information to facilitate enquiries about your business needs, to provide customer support and for other purposes as part of us providing Services to our Customers and website visitors.
How we use your personal information
We collect personal information to manage our customer relationships and continue providing our Services. Having this information enhances the efficiency of our services and allows us to continue fulfilling our obligations to our Customers.
Further information about the specific purposes for which we use the personal information we collect, and the legal basis of our processing for those purposes, can be found below.
To provide our Services
We use the personal information we collect to provide our Services and to respond to enquiries from individuals who wish to access our Services (on the basis of performing our contractual obligations).
To process and facilitate transactions
We will use the personal information we collect to process transactions and payments, such as payments for our Services, and to collect and recover money owed to us (on the basis of performing our contractual obligations and on the basis of our legitimate interest to recover any debts due to us).
To manage our Customer relationships
We will use the personal information we collect to manage our relationships with our Customers. This includes notifying our Customers of updates to our terms or to this privacy notice, or changes to the Services (on the basis of performing our contractual obligations or to comply with our legal obligations).
To communicate with you about our Services
We use the contact information we collect from our Customers to send transactional communications via email and within the Services, including reminders of payments due, responding to questions and requests, providing customer support, and sending notices (on the basis of performing our contractual obligations, or on the basis of our legitimate interests to provide customer service to our Customers). We also send communications during the process of Service onboarding, to help our Customers become more proficient in using our Services.
To market, promote and drive engagement with the Services
We use contact information and information about how Customers use the Services, to identify and send promotional communications that may be of specific interest, including by email. These communications are aimed at driving engagement and maximising the value of the Services to our Customers, including information about the latest offers and promotions that we think may be of interest. We use Customer contact information for this purpose on the basis of our legitimate interests to provide marketing communications, where we may lawfully do so, or based on your consent.
To provide and improve customer support and to respond to requests
We use Customer contact information to resolve issues, to respond to requests for assistance and to ensure quality assurance and security, on the basis of our legitimate interest in improving our customer support. We also use your personal information to process and respond to requests to exercise individual rights.
To comply with our legal obligations, policies and procedures
We will use personal information where necessary to enable us to:
- comply with our policies and procedures;
- comply with our legal obligations (for example, our financial and tax reporting obligations, and to adhere to court orders or warrants); and
- enforce our legal rights and protect the rights, property and safety of our staff and others.
This may include sharing your personal information with our lawyers, technical advisors, law enforcement and other regulatory bodies where necessary.
What is our ‘legitimate interest’?
In certain circumstances (as outlined above), we may use your personal information to pursue legitimate interests of our own or that of third parties, provided that your interests and fundamental rights do not override those interests. By “legitimate interests,” we mean our interests in conducting and managing our business activities and ensuring that we are guaranteeing the best service and experience for our Customers.
Where we use personal information for our legitimate interests, we make sure that we take into account any potential impact that this use may have on you. We won’t use your information if we believe your interests override ours unless we have other lawful grounds to do so (such as with your consent, or if we have a legal obligation). If you have any questions or concerns about our processing of your personal information, you may contact us at any time.
As we outline in the “Your individual rights” section below, you will have the right to object to our using your personal information for our legitimate interests. However, please keep in mind that your objection to this sort of processing may affect our ability to carry out the tasks that we have set out above. We use your information only as is necessary to ensure we can provide our Services and maintain our customer relationships.
We will not sell, rent, or loan any identifiable personal information to any third party without your consent unless we are legally required to do so.
12d Synergy will not use personal information for any purpose not covered in this notice, without your consent.
Marketing
We may communicate directly with you by sending newsletters, promotions and other updates about our products and services.
If you do not wish to receive marketing communications from 12d Synergy, you may unsubscribe at any time, by:
- following the instructions in the communications sent to you; or
- contacting us by email at info@12dsynergy.com.
12d Synergy does not send unsolicited “spam” mail. We will only send marketing emails and other communications to you with your consent.
We will only share personal information we collect with a third party if it is necessary for us to provide our Services. We have contractual provisions in place with all third parties we share personal information with, to ensure they handle this information with care, comply with all applicable laws and do not use this personal information for any other purpose.
We work with third-party service providers to provide website and application hosting, backup, storage, payment processing, analysis and other services for us, which may require them to access or use the information we have collected from you.
If a service provider needs to access this information to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect personal information.
In exceptional circumstances, we may need to share personal information we have collected with a third party if we believe that sharing is reasonably necessary to:
- comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements;
- enforce our agreements, policies and terms of service;
- protect the security or integrity of our products and services;
- protect 12d Synergy, our customers or the public from harm or illegal activities; or
- respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
We may share your personal information for our professional or legitimate business needs, for example with our accountants and lawyers, or as required or permitted by law.
We may also disclose or transfer personal information we hold to a third party in the event of proposed or actual purchase, sale, lease, merger, or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of 12d Synergy in order for you to continue to receive the same services from the third party.
Where we transfer your personal information to third parties or service providers, we will make appropriate arrangements to ensure processing complies with applicable data protection law.
We will not disclose or share your personal information, including information about your orders or contact information, other than as described in this notice, or with your consent.
International transfers of personal information
12d Synergy is located in Australia. Some of the processors and sub-processors we use are located in jurisdictions including Australia and the United States. The use of their services may involve the cross-border transfer of personal information.
In all cases, appropriate safeguards for the purposes of the GDPR and other laws which restrict the cross-border flow of personal information, have been established and are maintained. For transfers from the EEA (or the UK, as applicable) to countries that have not been approved by the European Commission, we will rely on the EU Commission-approved Standard Contractual Clauses (SCC’s) and/or the need to process your personal information in order to provide the Services, to safeguard the transfer of your personal information. The SCC’s form part of our Data Processing Addendum.
What steps do we take to keep your information safe
12d Synergy takes all reasonable steps to keep your personal information safe. This includes the following:
- We employ industry-standard security measures including encryption, network segmentation and two-factor authentication, to keep your personal information safe.
- We regularly assess the risk of misuse, interference, loss, and unauthorised access, modification or disclosure of the personal information that we hold and conduct regular audits to assess whether we have adequately complied with or implemented these measures.
- We also take reasonable steps to protect your personal information in our office environment. Access to personal information is restricted. Only employees who need the information to perform a specific job are granted access to your personal information. The systems used to store personal information are kept in a secure environment. All employees are trained and kept up-to-date on our security and privacy practices.
- Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, while 12d Synergy attempts to protect all personal information, we cannot ensure or warrant that personal information will be completely secure from misuse or malicious activity such as hacking, or in the event of a failure of computer hardware, software, or a telecommunications network.
- If a data breach (as defined by applicable laws) involving personal information occurs, 12d Synergy will:
- notify you of it as soon as reasonably possible after it comes to our attention;
- take reasonable steps to secure the affected data and minimise harm to all individuals; and
- provide you with whatever reasonable assistance might otherwise be required.
Please note, our obligations regarding notification of data breaches may vary depending on whether we are acting as a data controller or data processor concerning the personal information affected by the data breach.
For more information on our security practices, please see our security statement – https://www.12dsynergy.com/security-statement/
Retention of personal information
Generally, we will only keep personal information for as long as a Customer is actively using our services or the period during which any legal claim may be made regarding the provision of services in accordance with legal requirements, or to meet our legal obligations. For example, we hold payment records and any information associated with those records for 7 years.
If we hold personal information about you, and we do not need that information for any purpose, we will take reasonable steps to securely destroy or de-identify that information, unless we are prevented from doing so by law.
Your individual rights
We want to assure you that you have control of the information you choose to provide to us. Subject to certain exemptions and depending on the applicable data protection laws in your jurisdiction, there are certain rights you have over your personal information. Below is a summary of these rights and how you can exercise them:
- You have the right to be informed of how we collect and handle your information, as we seek to do in this Privacy Notice.
- You have the right to request access to the information that we hold about you.
- You may have the right to receive a copy of any information we hold about you (or request that we transfer this to another service provider) in a structured, commonly used, machine-readable format in certain circumstances (where we are processing this information based on your consent, or where the processing is conducted on the basis of a contract);
- You have the right to request we correct any personal information we hold about you if you think it is incorrect, or incomplete.
- In certain circumstances, you may have the right to ask us to limit or cease our processing of information we hold about you.
- You have the right to ask us not to process your information for marketing purposes (see ‘Marketing’ above). Please note that we may still need to send you communications relating to your use of the Services.
- You may have the right to object to our processing of your personal information when such processing is based on our legitimate interests (see “What is our legitimate interest?” above). Before using your personal information for our legitimate interests, we balance these interests against your rights and freedoms; however, if you consider that you have grounds to object to this, you can explain this to us, and we will review your request.
- You may have the right to obtain an explanation of, and object to, any automated decision-making (including profiling) which produces a legal effect or similarly significant effects. We do use your information to personalise the Services and the offers you receive; however, we do not engage in automated processing with legal or similarly significant effects.
- In cases where we process your personal information based on your consent (such as when you opt-in to receive marketing communications from us or subscribe to our newsletter or blog), you can withdraw your consent at any time by contacting us. This does not affect the legality of any processing carried out before you withdrew your consent.
If you have unresolved concerns, you also have the right to complain about us to the relevant data protection authority in the country where you live, where you work or where you feel your rights were infringed.
Please note that, notwithstanding the rights listed above, we reserve the right to retain certain information for our record-keeping purposes, and to defend ourselves against any legal claims. If you would like to request details about the personal information that we hold about you and how we process it, or if you wish to correct personal information held by us, contact us via the contact details below and we’ll be more than happy to help.
Contact Us
You can exercise your individual rights at any time, by contacting us using the details provided below.
We will respond to your request as soon as possible. We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal information requested by you. We reserve the right to charge a reasonable fee when permitted by law.
Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we are permitted by law or have compelling legitimate interests to keep. You will not be discriminated against for having exercised your individual rights.
If you have unresolved concerns, you may also have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.
If you have any questions or concerns about the way that we collect or use your personal information, or you wish to exercise your individual rights, you can contact the 12d Synergy Privacy Officer at any time by using the following contact details:
Email: info@12dsynergy.com
Telephone: +61 2 9055 4636
Address:
Level 11/67 Albert Ave
Chatswood
NSW 2067
Attention: Privacy Officer
Changes to this notice
If we decide to change our privacy notice we will post those changes on our website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
If you have questions or concerns regarding this notice, please contact our Privacy Officer using the contact details above.
Last Updated: April 2022