Programus (UK) Ltd (Software and service branded as OPTIMO Software) UK REG 03923052 and our Related Companies recognise the importance of privacy protection. Accordingly, Programus (UK) Ltd (Software and service branded as OPTIMO Software) complies with the Data Protection Act 2018 UK (Data Protection Act). Programus (UK) Ltd (Software and service branded as OPTIMO Software) is made up of different legal entities (our Related Companies), details of which can be found here [insert link]. This Privacy Policy is issued on behalf of the Programus (UK) Ltd (Software and service branded as OPTIMO Software) so when we mention “Programus” “Optimo “ “we”, “us”, “our” in this Privacy Policy, we are referring to the relevant company in the Programus (UK) Ltd (Software and service branded as OPTIMO Software) responsible for processing your Personal Information. Programus (UK) Ltd (Software and service branded as OPTIMO Software) is the controller (as defined in the Data Protection Act) and is responsible for this Website.

Some of the information you provide us as part of your dealings with us is “Personal Information” or “Personal Data” under the Data Protection Act. This Privacy Policy sets out how we collect, handle, use, transmit and disclose your Personal Information and applies to you unless you give us explicit consent to act otherwise. By providing us with Personal Information, registering Account or otherwise using the Website or Optimo Service, you acknowledge that you have read, understood and agree to be bound by this Privacy Policy and consent to us collecting, handling, using, transmitting and disclosing your Personal Information as set out in this Privacy Policy. Please use the “Definitions” section to understand the meaning of capitalised terms within this Privacy Policy.

If you would like to know more about data protection generally in the UK and European Economic Area, there is information available from the:

(a) UK Information Commissioner’s Office (at www.ico.org.uk); and (b) European Commission Data Protection Officer (at www.ec.europa.eu/ dataprotectionofficer/).

WHAT TYPES OF PERSONAL INFORMATION DO WE COLLECT?

Personal Information we gather from you will rely upon how you utilise the Website, regardless of whether you have enlisted an Account for the Website or are only a guest to the Website. The following is a list of the Personal Information we may gather, together with details of our support for preparing such Personal Information:

Customer Account Information: this is data about you which identifies with an Account you have enlisted with us, or which Your employer has enrolled with us where you are a contact related to that Account. This information may incorporate your name, your email address, and your telephone and/or mobile number. We will process this information to keep up and control your record with us thus that we can oversee our business properly (our legitimate interest). Where you have gone into an agreement with us, we will process your Personal Information so as to satisfy our agreement with you.

Registration information: When you register to utilise our Website and/or if you report an issue with our Website, we will process the Personal Information you give. This may incorporate your name, your contact details, and the Website sign in details you give. We will process this information so we can manage your enlistment, correspondence or to address your question or concern. The explanation we process this data is to guarantee the proper administration of your enrollment, correspondence or inquiry, and our business (our legitimate interest).

Transaction Data: If you buy the Optimo Service or different items or services from us, you should give certain data to us. This may incorporate your name, charging data, Mastercard number and expiry date and other data required for installment of items and administrations gave by us. We will process that information so as to play out our agreement with you and to satisfy the exchange (our legitimate interest).

Correspondence Data: If you speak with us, we may process the data contained in your correspondence, for example, your name and contact data, the substance of your correspondence, and any metadata our Website produces where you speak with us utilising the contact structure on our Website. We will process that data so we can relate with you and to guarantee we direct our business appropriately (our legitimate interest).

Regulatory Data: We may process your information if we need to do so in order to comply with our legal and/or regulatory obligations, with the goal that we can ensure the essential enthusiasm of you or another regular individual.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We will use your Personal Information for the purpose disclosed at the time of collection, or otherwise as set out in this Privacy Policy or the Optimo User Agreement. Except as specifically set out in this Privacy Policy and the Optimo User Agreement, we will not sell or disclose your Personal Information to any person located in the UK, European Union or overseas or use your Personal Information for any other purpose without your prior consent, unless authorised or required by law. Generally, we will only collect, use and disclose your Personal Information for the following purposes:

• to register your Account or otherwise register you to use the Website;
• to provide you with information you request about us or the products or services we offer through the Website;
• to manage the Website (including your Account);
• to provide products or services you request from time to time, including the Optimo Service;
• to process and obtain payment for any products or services you order from us through the Website;
• to understand your needs and Website usage to help us improve the Website, our marketing or the way we do business;
• if necessary, to verify your identity or age (i.e. over 18); and
• to contact you for direct marketing and promotional purposes including providing you with information about new products or services, events and special offers. You can tell us that you do not wish to receive this type of information at any time (see “How you can stop receiving marketing information” below).

From time to time we may also ask you to participate in surveys or questionnaires. These help us to improve our levels of service and to maximise the opportunities and benefits you can enjoy. Again, you can tell us you do not wish to be involved in such surveys or questionnaires at any time by using the contact details in this Privacy Policy.

We may send you electronic marketing messages updating you about products, services, free trials and other offers. We will only send you such electronic marketing messages if you have consented to receive them or it can be inferred from your existing business relationship with us, that there is a reasonable expectation of receiving those electronic marketing messages. All electronic marketing messages will identify us. You can unsubscribe from such electronic marketing messages at any time and/or tell us you no longer wish to receive such communications (see “How to stop receiving marketing information” below). We will get your express consent before we share your Personal Information with any third party for marketing purposes.

HOW DO WE USE INFORMATION THAT IS NOT PERSONAL INFORMATION?

From time to time we may sell or disclose information you provide us that is not Personal Information or does not disclose your identity or the identity of any individual to any person for any purpose at our sole discretion, including to people or companies located outside of Australia. For example, we may sell, disclose or use information you provide us that is not Personal Information to determine what advertising, promotional materials, products or services are likely to be of most interest to you or other Website visitors and to assist merchants and other third parties to monitor general consumer trends in various areas.

HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

We collect Personal Information from information you provide directly to us when you set up an Account and register to use the Website, use the Website or the Optimo Service, pay for a service provided by the Website, contact us, participate in surveys or questionnaires and from information you upload to the Website from time to time.

WHAT HAPPENS IF YOU DON’T PROVIDE US WITH THE INFORMATION WE REQUIRE?

If you don’t provide us with certain information, we may be unable to provide you the information, products or services you wish to buy or receive, including the Optimo Service.

INTERNATIONAL TRANSFERS

We share your Personal Information with Our Related Companies within the Programus (UK) Ltd (Software and service branded as OPTIMO Software). This involves transferring your Personal Information outside the UK and the European Economic Area (EEA). We ensure your Personal Information is protected by requiring our Related Companies to conform to the same rules when processing your Personal Information. These rules are called “binding corporate rules”.

Wherever we transfer your Personal Information out of the UK and the EEA we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your Personal Information to countries that have been deemed to provide an adequate level of protection for your Personal Information by the European Commission.
• Where we use certain service providers we may use specific contracts approved by the European Commission which give Personal Information the same protection as it has in Europe.
• Where we use providers based in the US, we may transfer Personal Information to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Information shared between the EEA and the US.

PERSONAL INFORMATION SECURITY

We will take commercially reasonable and appropriate steps to ensure your Personal Information is protected from risks such as loss, unauthorised access or use, destruction, modification or disclosure. Aside from the disclosure or transfer of your Personal Information to OVH, Azure and AWS and between our Related Companies (see “Where your information is stored” below), we only permit our authorised personnel to access your Personal Information. They will only process your Personal Information on our instructions and they are subject to a duty of confidentiality.

The Internet is not a secure method of transmitting information. Accordingly, we cannot accept responsibility for the security of information you send to or receive from us over the Internet or for any unauthorised access, use or modification of that information.

The Website may provide links or references to other 3rd party websites and resources. These websites and resources are not subject to this Privacy Policy. You should review the privacy policy of each 3rd party website and resource accessed via links from our Website, and assess whether the policy of each website and resource is satisfactory to you before you use the website or resource. You acknowledge and agree that we are not responsible for any Personal Information you choose to disclose to a 3rd party through a 3rd party website referred to by or linked to our Website and that such 3rd parties may store your Personal Information in any location in accordance with their own security standards.

PAYMENT CARD INFORMATION

We may keep a record of your credit or debit card number if you choose to pay us directly for the Optimo Service or any other products or services offered by us through the Website, particularly if you wish to have payments automatically debited from your nominated bank account at fixed intervals. We may keep details of your credit or debit card expiry dates and credit limit in order to provide you with products and services we offer through the Website.

USING 3RD PARTIES TO PROCESS YOUR INFORMATION

We may occasionally use third party companies (third party service providers) to manage information that you provide in order for us to provide the Optimo Service. Aside from the disclosure or transfer of your Personal Information to OVH, Azure and AWS or between our Related Companies (see “Where your information is stored” below), when we use third party service providers, we keep the amount of Personal Information they hold to a minimum, have contracts in place to stop them using your information except on our behalf and obviously use commercially reasonable efforts to make sure they are as careful with your Personal Information as we are. Where such third party service providers are based outside the UK and/or the EEA we will ensure such third party service providers have adequate levels of protection in place as described above (see “International Transfers”).

WHERE YOUR INFORMATION IS STORED

We engage OVH Web Services (OVH), Microsoft Azure, and Amazon Web Services (AWS) to provide data storage services, cloud computing services, to host the Optimo Service and to store Your Content, data and information submitted by you through your use of the Optimo Service and our Website. OVH, Azure and AWS may transmit, maintain and store all or parts of Your Content, data and information (including Personal Information) on multiple servers across various jurisdictions in addition to servers in the United States. Your Content (including Personal Information) may also be transferred between Related Companies of Programus (UK) Ltd (Software and service branded as OPTIMO Software) that are located in different jurisdictions, including the UK, the EEA, Australia and the United States. Servers in which your information (including Personal Information) may be stored by OVH, Azure and AWS are likely to be located in the United States, South America (Sao Paulo), Europe (Ireland, The Netherlands, Germany, England, Spain, Italy, France and Sweden) and the Asia Pacific (Singapore, Japan, China, Korea and Australia), although additional or other locations may be used by OVH, Azure and AWS in the future. Personal Information that you provide to us will be processed by us or other Related Companies located in the UK and/or the EEA (Programus (UK) Ltd (Software and service branded as OPTIMO Software) Companies), and we and the other Programus (UK) Ltd (Software and service branded as OPTIMO Software) may transmit your Personal Information from the UK and/or the EEA to other Programus (UK) Ltd (Software and service branded as OPTIMO Software) Related Companies or OVH, Azure and AWS outside of the UK and/or EEA, including in Australia and the United States. We, the other Programus (UK) Ltd (Software and service branded as OPTIMO Software) Companies and OVH, Azure and AWS are subject to domestic European privacy laws enacted under the EU Data Directive, including the General Data Protection Regulation EU 2016/679 and the Data Protection Act 2018 (UK) (together the EU Privacy Laws). EU Privacy Laws permit us, the other Programus (UK) Ltd (Software and service branded as OPTIMO Software) Companies and OVH, Azure and AWS to transfer your Personal Information from the UK and/or the EEA to countries and territories outside of the UK and/or the EEA with your consent provided that we process your Personal Information in accordance with the requirements of EU Privacy Laws. Acknowledging the above, by providing us with information (including Personal Information), using the Optimo Service or our Website or registering an Account, you: (a) consent to us and the other Programus (UK) Ltd (Software and service branded as OPTIMO Software) Companies disclosing and transferring Your Content, data and information (including the categories of Personal Information listed in this Privacy Policy) to OVH, Azure and AWS and our Related Companies located in the United States for the purpose of allowing OVH, Azure and AWS to host all data necessary to support the Website and for us to provide the Optimo Service to you; (b) consent to us, the other Programus (UK) Ltd (Software and service branded as OPTIMO Software) Companies and OVH, Azure and AWS transmitting, Your Content (including the categories of Personal Information listed in this Privacy Policy) from the UK and/or EEA, to servers, OVH, Azure and AWS and our Related Companies located outside of the UK and/or the EEA, to maintaining and storing Your Content, data and information (including the categories of Personal Information listed in this Privacy Policy) between and on servers located outside of the UK and/or EEA, including in the regions referred to above; and exchanging such information between our Related Companies in those regions to assist us to perform the User Agreement and otherwise provide the Optimo Service to you. You acknowledge and agree that the transmission of your Personal Information disclosed by you to us between us, the other Programus (UK) Ltd (Software and service branded as OPTIMO Software) Companies, OVH, Azure and AWS and our Related Companies located outside of the UK and/or EEA (including Australia and the United States), is necessary for us to maintain the Website, provide you with the Optimo Service and for the performance of the User Agreement generally. You also acknowledge that any data storage functionality associated with the Optimo Service is not intended for the storage of national insurance numbers, credit or debit card numbers, financial account numbers, driver’s licence numbers, medical information, health insurance information, sensitive data about personal characteristics such as race, religion, or sexual orientation, personal data that may pose a risk of harm to the individual if improperly disclosed. We may engage other data storage providers or store your information on servers in other locations in the future and will update this Privacy Policy if that is the case. We suggest that you visit our Website regularly to keep up to date with any changes.

HOW LONG DO WE USE YOUR PERSONAL INFORMATION FOR?

We will only retain your Personal Information for as long as reasonably necessary for the purposes we collected it, including the purpose of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Information for a longer period if there is a complaint or if we reasonably believe there is a prospect of litigation in respect of our relationship with you. To determine the appropriate retention period for Personal Information we consider the amount 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.

YOUR LEGAL RIGHTS

You have the privilege to get to Personal Information which we have gathered from you and guarantee that it is correct and up to date, within the requirements of the Data Protection Act. If you wish to get to your Personal Information or accept that any of the Personal Information we hold about you is wrong, fragmented, or outdated, please get in touch with us at the email address that appeared at the base of this Privacy Policy. We will find a way to address any off base, inadequate or obsolete Personal Information on the off chance that you demand us to do as such, where legally necessary. We may retain or deny you access to your Personal Information in the event that we are lawfully approved to do as such or where its exposure to you is limited by law, is the subject of lawful activity or may bargain the security of someone else.

You will not need to pay an expense to get to your Personal Information (or to practice any of the different rights). Be that as it may, we may charge a sensible expense if your solicitation is obviously unwarranted, tedious or unnecessary. Then again, we could decline to follow your solicitation in these conditions.

Notwithstanding the above mentioned, you additionally have lawful rights to:

• request that we erase your Personal Information;
• object to the preparing of your Personal Information;
• request that we confine the handling of your Personal Information;
• request that we move your Personal Information to you;
• withdraw your consent to our processing of your Personal Information;

Where marketing information is sent to you via electronic messages, there will be a functional ‘unsubscribe’ mechanism contained in the message.

HOW CAN YOU STOP RECEIVING MARKETING INFORMATION?

Where marketing information is forwarded to you via electronic messages, there will be a functional ‘unsubscribe’ mechanism contained in the message.

If you no longer wish to be reached by us or get such marketing information, you can exhort us:

• by emailing us at info@optimosoftware.co.uk; or
• by clicking the ‘unsubscribe function’ (where marketing information is sent electronically).

We will track your record to guarantee you don’t get that information in the future. You can’t decline to get information which we are required to give you by law.

COOKIES

“Cookies” are small data files sent by a website and stored on your computer’s hard drive when you visit the website. A cookie can contain certain information that the website uses to track the pages you have visited. The only Personal Information a cookie can contain is information you personally supply. A cookie cannot read data off your hard disk or read cookie files created by other websites. Our Website uses cookies to assist with managing your account and to identify you on return visits. Most internet browsers automatically accept cookies, but you can usually change your browser to notify you when you receive a cookie or to reject cookies. However, while most of the content of our Website can be viewed without accepting cookies, full functionality for the Website requires the use of cookies.

CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy from time to time by posting the amended version on our Website at www.optimosoftware.co.uk. We suggest that you visit our Website regularly to keep up to date with any changes.

CONTACTING US

If you would like more information about this Privacy Policy or if you have any queries or complaints, please contact us by email at info@optimosoftware.co.uk. We will take reasonable steps try to resolve any complaints with you as quickly as practicable. Complaints may also be made directly to the office of the UK Information Commissioner’s Office through its website located at www.privacy.gov.au/complaints.

DEFINITIONS

Unless otherwise defined in this Privacy Policy, words beginning with capital letters are defined in the Optimo User Agreement.

For the purposes of this Privacy Policy:

Personal Information implies any data or information which identifies with a living person who can be recognised from, or whose character is evident or reasonably be ascertained from, that data or information alone or related to other data previously held by the beneficiary, controller or processor of such data or information and incorporates any declaration of supposition about the individual and any sign of the expectations of the beneficiary or some other individual in regard of that individual; and

Optimo User Agreement implies the Optimo User Agreement accessible on the Website at www.optimosoftware.co.uk as refreshed now and again which you should peruse and acknowledge as a state of enrolling an Account and in any case getting to and utilising the Optimo Service.