1. Background

This Privacy Statement is the privacy policy of Definitiv Group Pty Ltd ACN 147 808 026 (“Definitiv”, “us”, “we” or “our”) and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) as required by the Privacy Act 1988 (Cth). Related bodies include Definitiv International Pty Ltd and Proactiv Payroll Australia Pty Ltd.

Definitiv is committed to complying with the requirements of the Privacy Act 1988 (‘Act’) as it is amended from time to time. The core requirements of the Act are set out in the Australian Privacy Principles (APPs). The APPs set out how an organisation such as Definitiv should collect, hold, use, and disclose personal information. The APPs also give individuals a right to know what information an organisation holds about him or her, and the right to correct it if it is wrong.

This document sets out our policy in relation to the protection of the privacy of personal information. This policy document is intended to enable our clients and others who interact with the Definitiv to understand what types of personal information we collect, and what we do with such information to provide our products and services and in light of our privacy obligations.

This privacy policy applies to all personal information provided to Definitiv and all personal information stored on the Definitiv website (definitiv.com.au), web application, mobile applications and Definitiv functionality, services and content (collectively known as ‘Services’) owned and operated by Definitiv as set out in this policy. Definitiv is a registered Australian propriety company that operates out of Perth, Western Australia. All client processing and services are provided by our capable team located in this office.

From time to time, as Definitiv updates and improves its service Definitiv may change this Privacy Statement. Definitiv will publish these changes on its website at definitiv.com.au/privacy-policy.

1.1 What is personal information?

Personal information is defined in the Act as;

‘information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.’

2. What personal information does Definitiv collect and hold?

Definitiv collects and holds personal information that is reasonably necessary to provide its Services. We may collect information from or about individuals, including:

  • Employees of Definitiv Clients: Definitiv generally collects personal information such as the individual’s name, address, e-mail address, details regarding gender and marital status, user ID, banking details, date of birth, payroll details, computer IP addresses, and employment-related information such as salary details, superannuation contributions, Tax File Number, relevant Awards and Enterprise Agreements, job qualifications, profession, occupation or job title and tax information.
  • Client contacts: Definitiv collects contact information from or about clients or prospective clients, including individuals working for clients or prospective clients, and records details of interactions with clients and prospective clients. This could include:
    • Contact information – information that allows Definitiv to communicate with the client, such as their name, username, mailing address, telephone numbers, email address or other addresses that allow Definitiv to send messages.
    • Relationship information  information that helps Definitiv do business with the client, such as the types of products and services that may interest the client, information on the organisation’s size, geographic locations, creditworthiness and demographics.
    • Transaction information – information about how the client interacts with Definitiv, including purchases, inquiries, customer account information, and information about how the client uses the Definitiv websites and applications.
  • Employees of Definitiv: Definitiv collects personal information from its employees as described in its Privacy Notice to Associates.
  • Applicants for jobs at Definitiv: Definitiv collects contact details, employment history and other background information as required and as permitted by law.

3. Cookies and Statistical Analysis

The Services use cookies. When you use the Services, certain information may be recorded for statistical purposes. Such information enables us to improve our products and services. The information that may be recorded includes information regarding your:

  • server address;
  • domain name;
  • date and time of visit;
  • previous websites visited;
  • browser type and operating system; and location data.

4. How does Definitiv collect and hold personal information?

In most cases, when providing payroll services, Definitiv collects personal information about a client’s employees and payment recipients directly from the Definitiv client that employs the relevant employee.

As Definitiv does not normally deal directly with clients’ employees, we ask clients to obtain the consent of the individual for the collection, use, and disclosure of the individual’s personal information to and by Definitiv. We also asks our clients to have regard to the information in this privacy statement in making its own disclosures to employees under the Privacy Act.

Definitiv will ask for personal information (including contact information and relationship information) when a client or prospective client interacts with Definitiv, such as when filling in the contact form on our website, signing up to receive a newsletter, or making a purchase.  Definitiv may collect additional relationship information from third party data suppliers who enhance Definitiv’s files and help Definitiv better understand its customers. When products or services are purchased from Definitiv, Definitiv collects transaction information.  Definitiv collects transaction information when a person visits the Definitiv website, uses Definitiv applications or contacts Definitiv, such as for customer service purposes.

If an individual interacts with Definitiv online, Definitiv uses cookies and other technological tools to collect information about their computer and their use of Definitiv’s website and applications.  Definitiv treats this information as personal information when it is associated with the individual’s contact information.  For more information about cookies and other technologies, please see the section Cookies and Statistical Analysis above.

Definitiv collects information from a job applicant directly from the applicant or publicly available information. With the consent of the applicant, Definitiv may conduct reference, background and criminal record checks.

The most common ways we collect personal information are:

  • By the way of dealing with you in person
  • Over the telephone
  • Through Definitiv Services
  • Through customer feedback or survey forms

5. The purposes for which we collect, hold, use and disclose personal information

Definitiv deals with personal information for a number of purposes, such as:

  • Providing payroll and other related services to you
  • To personalise and customise your experience with Definitiv products and services
  • To share contact details including mobile phone numbers with your Employer and Co-workers, where your employer has activated this feature
  • Billing and account management
  • Internal business operations such as planning, product development and enhancement, research, and reporting to Definitiv related bodies corporate
  • Fulfilling requests for products or services and for related activities, such as product and service delivery, customer service, account management, support and training and to provide other services related to the relationship with Definitiv;
  • Providing marketing communications and offers for products and services from Definitiv and, in some cases, Definitiv partners, including offers targeted based on interests, business characteristics and location;
  • Administering surveys and other promotional events;
  • Determining eligibility for certain products, services or offers;
  • Providing additional information that may be of interest, such as Definitiv news and announcements, product and service updates and technical service bulletins; and
  • Managing Definitiv’s everyday business needs, such as payment processing and financial account management, product development, contract management, website administration, fulfilment, analytics, security and fraud prevention, corporate governance, reporting and legal compliance, and business continuity.

The collection, use and disclosure of personal information may be required or authorised under various Commonwealth and State laws, including:

  • The Income Tax Assessment Acts
  • Superannuation Guarantee (Administration) Act 1992 (Cth)
  • Fair Work Act 2009 (Cth)
  • Payroll Tax Acts
  • Long Service Leave Acts
  • Occupational Health & Safety Acts
  • Workers Compensation Acts
  • Tax Agent Services Act 2009 and Tax Agent Services Regulations 2009
  • Privacy Act 1988 (Cth)
  • Corporations Act 2001 (Cth)
  • Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
  • Any secondary legislation pursuant to primary legislation referred to above.

6. Disclosure of personal information to third parties

Definitiv understands that individuals do not want us to provide their personal information to third parties for their own marketing purposes. Under Definitiv’s policy, personal information may be disclosed to the following third parties where appropriate for the purposes set out under section 4 above:

  • Australian Taxation Office and other governmental agencies as required by law;
  • Banks/financial institutions;
  • Superannuation funds;
  • Health funds;
  • Contracted service providers who are bound by law or contract to protect the personal information and only use the personal information in accordance with Definitiv’s instructions; and
  • Business partners, and related bodies corporate of Definitiv

Definitiv may share personal information with business partners, but only to the extent a product or service has been purchased from such partner, interacted with such partner, or otherwise authorised the sharing. For example, if a person is referred to Definitiv from a business partner website, Definitiv may provide that partner with the person’s contact information and certain transactional information to validate the referral. Definitiv may also provide the person’s contact information to companies that offer complementary products and services if the person requests information about these solutions.

Definitiv may disclose personal information where needed to affect the sale or transfer of business assets, to enforce Definitiv’s rights, protect Definitiv property, or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions.  We may also disclose personal information when required or authorised to do so by law.

Please note that Definitiv may use and disclose information about individuals that is not personally identifiable.  For example, Definitiv may publish reports that contain aggregated and statistical data about Definitiv’s clients.  These reports do not contain any information that would enable the recipient to contact, locate or identify an individual. These reports also do not contain any identifiable company information.

Where an individual has applied for employment with Definitiv, the personal information submitted with their job application will be added to Definitiv’s job opportunities database and may be used for recruitment and other customary human resources purposes.  For example, Definitiv may send the applicant information about new job opportunities within Definitiv as well as other career development resources.

7. Direct Marketing Materials

We may use personal information for direct marketing reasons, including updating you on Definitiv’s latest products, services and news. These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws.

You can opt out of this service at any time by using any of our unsubscribe mechanisms or by contacting info@definitiv.com.au.

8. How can individuals access, correct or update their information?

We respect the right of an individual to access and correct their personal information. Where an individual has access to an online account they can log into their account at any time to access and update the information they have provided to Definitiv.

We will give individuals access to their personal information on request, subject to the Act. Definitiv may impose a charge for giving access to personal information.

If any information is incorrect, we will correct it on request. If the individual has a direct relationship with Definitiv, the person or department at Definitiv the individual normally deals with should be contacted initially. The request may also be made to Definitiv’s Privacy Officer (using the details below).

An individual who is an employee or other payment recipient of a Definitiv client is encouraged in the first instance to contact the client so that the client can ask Definitiv to correct its records.

Definitiv may require substantiation of any request to correct personal information.

Individuals may request not to receive marketing communications from Definitiv. We aim to ensure such requests are complied with within five business days.

9. Links to other websites

The Services may contain links to other websites operated by third parties. Definitiv makes no representations or warranties in relation to the privacy practices of any third party website. Third party websites are responsible for informing you about their own privacy practices and policies.

10. What can an individual do if they have a complaint?

Any complaint regarding a possible breach of Definitiv’s privacy obligations may be directed to:

  1. The person or department at Definitiv the individual normally deals with, if the individual has a direct relationship with Definitiv; and/or
  2. Definitiv’s Privacy Officer (using the details below).

The Privacy Officer will investigate any complaint and notify the individual within a reasonable timeframe of the outcome of the investigation.

11. How does Definitiv protect the security of personal information?

We exercise great care to protect personal information that Definitiv holds. To provide the Services, Definitiv contracts with Amazon Web Services (AWS) Australia who store data on secure data centres within Australia. Further details on AWS’s location and security can be found here.

While we take all reasonable steps to ensure the security of the Definitiv system, Definitiv cannot provide any guarantee regarding security of the personal information and other data transmitted to the Services and Definitiv will not be held responsible for events arising from unauthorised access of your personal information.

Internally, Definitiv restricts access to personal information to employees or parties who need access to the information in order to do their jobs. These employees or parties are limited in number, and are committed to maintaining confidentiality.

We reviews Definitiv’s security arrangements from time to time, as it deems appropriate.

Definitiv allows you to access your information at any time to keep it accurate and up to date. You can also play an important role in keeping your personal information secure, by maintaining the confidentiality of any password and accounts used on the Services. Please notify Definitiv immediately if there is any unauthorised use of your account by any other Internet user, or any other breach of security relating to your account at support@definitiv.com.au.

12. Further information

Please contact us if you have any queries about the personal information that Definitiv holds about you or the way we handle that personal information. Our contact details for privacy queries and complaints are set out below:

Privacy Officer

Definitiv Group Pty Ltd

PO Box 854, West Perth, 6872

Email: info@definitiv.com.au

Phone: +61 6163 4400

13. Changes to this policy

We may amend this Privacy Policy from time to time. The current version will be posted on our website and a copy may be obtained free of charge from our Privacy Officer.

Please refer to the Definitiv Terms and Conditions document published on the website for our full terms and conditions of use. You can access our Terms and Conditions here.