Privacy policy

This Privacy Policy was last updated on 8th May, 2024  

1. General

1.1 This Privacy Policy applies to all Personal Information collected by the following associated entities: 

(a) Fluent Partners Pty Ltd ACN 627 769 902 trading as Fluent Group ABN 48 627 769 902; and 

(b) Fluent Enterprises Pty Ltd ACN 640 566 632,

(together, the Group, we, our or us).

1.2 We are committed to complying with our obligations under the Privacy Act 1988 (Cth) (the Act) and the Australian Privacy Principles (APPs) in respect of that information. In this Privacy Policy, we explain how and why we collect your information, how we use it, how we disclose it and what controls you have over our use of it.

1.3 Please read this Privacy Policy carefully. Your use of any part of our Website or Services will constitute your consent to the collection, transfer, processing, storage, disclosure and other uses of your Personal Information in accordance with this Privacy Policy.  If you do not agree with the terms and conditions of this Privacy Policy, please do not use our Website or Services.

2. Definitions

In this Privacy Policy:

(a) Act means the Privacy Act 1988 (Cth);

(b) Government Related Identifiers means an identifier assigned to any individual by an agency, a State or Territory authority, an agent of an agency, or State or Territory authority, acting in its capacity as agent; or a contracted service provider for a Commonwealth contract, or a State contract, acting in its capacity as contracted service provider for that contract;

(c) OAIC means the Office of the Australian Information Commissioner;

(d) Personal information means information about you which personally identifies you or may reasonably be used to personally identify you and otherwise has the meaning given to that term in the Act;

(e) Sensitive information has the meaning given to that term in the Act; 

(f) Services means the services that are to be provided by us, which may include, but is not limited to: 

      1. implementing and transforming third party software solutions, apps and integrations for end users; 
      2. delivering sales, advertising, and marketing optimisation services; 
      3. advisory services for branding and website creation; 
      4. the engagement of employees, contractors (including subcontractors), consultants, and agents in the ordinary course of our business; and
      5. provision of Website services from time to time, including engagement with third party websites (as applicable).

(g) Website means each of the websites available at: 

      1. https://www.fluentgroup.com.au/; and 
      2. https://dashboard.fluentgroup.com.au/ 

(h) You or your means you and anyone using the Website, Services or otherwise contacting us (on your own behalf, or for another individual or entity).

3. What types of Personal Information do we collect?

3.1 We collect, use, store and transfer various types of Personal Information, including:

(a) personal details, including your name, and any other personal details that you provide to us as part of the Services; 

(b) contact details, including your email address, mailing address, billing address (for purchases), telephone number and any other contact details (including job title) that you provide to us as part of the Services; 

(c) profile details, including username and password for our Services (as applicable), Website preferences, feedback, and survey responses; 

(d) recruitment records, including health information (as applicable), engagement, training and discipline information, terms of engagement information, emergency contact numbers, remuneration details, membership of a professional or trade association (as applicable), trade union membership (as applicable), leave entitlements, superannuation details, and Government Related Identifiers (for only collecting, using, or disclosing as reasonably necessary for the engagement by the Group); and 

(e) technical details, including internet protocol (IP) address, your login data, browser type and version, access times, webpage you were redirected from, webpage(s) or content you historically accessed for us, time zone settings and location (as applicable), browser plug-in versions and types, operating system and websites, and other technology in devices used to access our Website and/or the Services; 

(f) usage records, including information about the usage of our Website and Services, and information retrieved from ‘cookies’; 

(g) marketing and communications preferences, including preferences in retrieving marketing from us or communications, including our third parties; 

(h) financial information, including billing and payment details (as applicable); 

(i) transaction information, including payments made to and from you in connection with the Services, identity of customers details of Services purchased or otherwise dealt with when providing the Services; and

(j) and any other Personal Information that may be required in order to facilitate your dealings with us. 

3.2 Where possible, we will allow you to interact with us anonymously or using a pseudonym. However, this may limit or otherwise restrict your access to our Website or the Services. 

3.3 We will generally aim to collect personal information about a person directly from that person to the greatest extent possible.

From time to time, we may obtain personal information about you from third parties (for example, an individual’s organisation or colleagues, recruiters, identity verification service providers, publicly or commercially available sources or third parties an individual has authorised us to contact) for the purpose of complying with legislative obligations.

We also review and analyse the personal information we hold, sometimes in combination with other information, and may generate new personal information as a result.

3.4 We may collect Personal Information from you when:

(a) you access, use, provide feedback, or otherwise interact with our Services or our Website including through third party websites connected or integrated with our Services;

(b) a person who accesses, uses or otherwise interacts with our Services or our Website including through third party websites connected or integrated with our Services, and provides your personal information to us for the purpose of us performing our Services at their request;

(c) you communicate with our staff or representatives during the course of us providing you the Services; 

(d) we solicit it from, or it is provided to us by, any person connected with our provision of the Services to you; or

(e) you otherwise deal with us in the course of our business.

3.5 Where we solicit Personal Information, we only collect:

(a) on-Sensitive Information, if it is reasonably necessary for the Services we provide; and

(b) Sensitive Information, if it is reasonably necessary for or directly related to Services we provide and you have consented to its collection, or its collection is permitted or authorised by law.

3.6 If we solicit Personal Information, we will generally solicit it directly from you, unless it is unreasonable or impracticable for us to do so.  Where we collect Personal Information about you from a third party without your prior consent, we will take reasonable steps to inform you that we have collected Personal Information. 

4. How do we store and protect Personal Information?

4.1 We prioritise the security of your Personal Information whilst it is in our possession. We may hold Personal Information in various forms, including without limitation physical documents, electronic records, visual records, and audio recordings. Physical files are kept securely inside our access-controlled premises. Electronic files are stored securely on protected information systems and are only accessible through our secure network. We maintain physical security over our paper and electronic data stores, and confidentiality provisions form part of the employment contracts for all our staff members and contractors.

4.2 We take reasonable steps to:

(a) ensure that Personal Information we collect is accurate, up-to-date, complete and relevant, other than where it is only collected to provide advice in respect of a particular point in time, in which case we will seek to ensure it is accurate, complete and relevant as at that particular point in time;

(b) ensure that Personal Information we use or disclose is accurate, up-to-date, complete and relevant, having regard to the purposes for which Personal Information is used or disclosed;

(c) protect Personal Information from misuse, interference and loss, and from unauthorised access, modification or disclosure; and

(d) destroy or de-identify Personal Information which we no longer need for the purposes for which it was collected, except where it is necessary to retain it in order to maintain ongoing records for our clients.

4.3 We cannot guarantee the security of information transmitted via the internet. As such, transmission of Personal Information via the internet is at your own risk and we cannot be held responsible for the security of such information. This includes transmission of your Personal Information to us from third parties via the internet. 

4.4 Your use of, or the supply of your information to, third parties who supply us with information, or who we are required to supply information to, in connection with the Services is entirely at your own risk and we make no representations or warranties regarding third parties’ privacy practices. 

5. Why do we collect, hold, use, and disclose Personal Information?

5.1 We collect, hold, use, and disclose Personal Information for the following purposes:

(a) for the purpose(s) for which it was disclosed to or collected by us; 

(i) facilitating interactions with you in the course of operating our business;

(ii) responding to your enquiries and information requests;

(iii) providing Services to our clients if it was validly collected for that purpose;

(iv) processing forms submitted through the Website or during the course of the Services; 

(v) storing information at third-party data centres;

(vi) performing quality assurance, IT security and ordinary business operations; 

(vii) updating your Personal Information; and

(viii) complying with our legal obligations;

(b) for secondary purposes where it would be reasonable to expect us to do so, and that secondary purpose is related (or directly related in the case of Sensitive Information) to the primary purpose for which it was collected; and

(c) for any other purposes for which you have consented from time to time.

5.1 The above purposes include using and disclosing your Personal Information:  

(a) to supply the Services to a third party; 

(b) to facilitate other interactions with you or a third party receiving the Services related to you in the course of operating our business;

(c) to share your Personal Information to employees, contractors, subcontractors or any other of our third party service providers to assist us with providing the Services;  

(d) to run analytics on the use of our Website and otherwise to improve our Website on an anonymised and de-identified basis; 

(e) to improve and market our Services, including internal management reporting, on an anonymised and de-identified basis; 

(f) to respond to your enquiries and provide you with relevant information;

(g) to update your Personal Information;

(h) to collect information required for reporting to relevant regulatory bodies (if required); 

(i) as permitted or required by law; and 

(j) for any other uses identified at the time of collecting your Personal Information.

5.3 We may disclose your Personal Information to such persons as is necessary to achieve the above purposes. This will often include disclosure to our related bodies corporate and third parties related to the Services, including without limitation, a professional association or registration body that has a proper interest in the disclosure of your Personal Information.

5.4 We may use or disclose Personal Information for secondary purposes where it would be reasonable to expect us to do so, and that secondary purpose is related (or directly related in the case of Sensitive Information) to the primary purpose.

6. Direct Marketing

6.1 We will only send you direct marketing communications and information via mail, email, and social media platforms about our Services with your consent. 

6.2 If you do not provide your consent to receive direct marketing communications, you may opt-out of receiving marketing communications from us by contacting us at the details below or by using opt-out facilities provided in our communications.  

6.3 We do not provide your Personal Data to other organisations for the purposes of their direct marketing. Our practices in regard to our emails are designed to be compliant with anti-spam laws, including Australia’s Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).  

6.4 If you believe you have received mail in violation of these laws or any other anti-spam law, please contact us using the contact information in this Policy.

7. Unsolicited information

7.1 If you provide Personal Information that we have not requested, we will only retain it in limited circumstances. We will only retain the unsolicited information if it is reasonably necessary for us to provide you with the Services, and you have consented to the information being collected, or it was not practical or reasonable for us to obtain your consent under the circumstances. 

7.2 If these conditions are not met, we will destroy the unsolicited information. If the unsolicited information we receive about you is Sensitive Information, we will always obtain your consent.

8. Overseas disclosure

8.1 We may share your Personal Information with overseas recipients. This will generally be limited to third party providers of services, such as: 

(a) third party providers for the purpose of enabling us provide, manage or administer our Services (such as, our IT service providers, insurers and organisations ensuring secure storage of Personal Information); 

(b) our representatives if you have provided consent for such disclosure; 

(c) government bodies, regulators, law enforcement agencies and any other parties authorised or otherwise required by law; and

(d) any other entities identified at the time of collecting your Personal Information in a privacy collection statement, which we are legal required to disclose your Personal Information. 

8.2 Whenever we transfer your Personal Information, this transfer will be completed with a requisite degree of protection. We will use the safeguards of: (a) having agreements with overseas recipients that have notified us they are compliant with the Act, and (b) having concluded standard contractual clauses for the transfer of Personal Information. 

8.3 We will attempt to ensure that persons to whom the disclosed Personal Information relates have comparable obligations in relation to that information once disclosed overseas. Please note you have the right to refuse to have your Personal Information transferred overseas and you must contact our privacy officer to make this request. However, you acknowledge that making this request may prevent you from being able to use part or all of our Website and/or Services (as applicable).

9. Using our Website and cookies 

9.1 To improve your experience on our website, we may use ‘cookies’, being small data files that are served by our Website and stored on your device.  These are used by us or third parties for a variety of purposes including to operate and personalise the Website.  

9.2 We use cookies and other digital identifiers that fall largely within the following three categories: 

(a) Functional Cookies: these provide information on how the Website is used so that we can make the necessary improvement or changes to enhance your experience; 

(b) Analytics Cookies: these give us the statistics to understand how many people are on the Website, which areas are most popular and which areas require improvement; and

(c) Advertising Cookies: these are used to understand which types of advertising would be best suited to people accessing the Website and/or Services. 

9.2 You may refuse to accept cookies by selecting the appropriate setting on your internet browser.  However, please note that if you do this, you may not be able to use the full functionality of our Website.

10. Third parties 

10.1 Our Website may contain links to websites of third parties that may be of interest to you. Third party websites are responsible for their own privacy practices, and you should review their respective privacy policies and terms of use. We make no representation as to the accuracy or completeness of the information contained on third party websites.

10.2 We are not responsible for such third parties or any associated websites or resources that relate to them. If you access such websites or resources, you do so at your own risk, and we make no representations or warranties regarding third parties’ privacy practices. We encourage you to read the privacy policies of every such third party, associated website or resource that you use or that your information is provided to.

10.3 If our Services are linked to or integrated with a third party or their associated website or resource, this does not automatically imply that we endorse that associated website or resource and their contents. 

11. Data Retention 

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

11.2 To determine the appropriate retention period for Personal Information, we consider the amount, nature 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.

11.3 Where we anonymise your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, we may use this information indefinitely without further notice to you. 

12 Age of Consent 

12.1 Our Websites and Services are not intended for persons under 18 years of age (‘Children’). We do not knowingly collect and use Personal Data from Children. 

12.2 In the event we become aware of any inadvertent receipt of Personal Information from Children through the Websites or Services, we will delete such information from our records in accordance with applicable law.

13. How you can access or correct Personal Information

13.1 We are committed to maintaining accurate, timely, relevant, and appropriate information.

13.2 Where requested, we will provide you with a copy of the Personal Information that we hold which relates to you, provided that the request is made in accordance with the APPs (contained in the Act).  We will also update any inaccurate information about you if you inform us that the information is inaccurate, out of date, incomplete, irrelevant, or misleading.  

13.3 There are no charges for requesting access to or the correction of your Personal Information, however, if the volume of information we hold is excessively large, we reserve our rights to charge you any reasonable administration fees (including fees for photocopying) associated with your request. 

13.4 You may contact us to access your Personal Information or to correct inaccurate, out-of-date, incomplete, irrelevant, or misleading Personal Information by (as applicable for the Services): 

 

Privacy Officer for Fluent Group 
Post: 

GPO Box 3645, Sydney

NSW Australia 2001

Email: [email protected]

 

13.5 We will respond to those requests within a reasonable period in accordance with our obligations under the Act. If we refuse a request to access or correct Personal Information, where reasonable, we will provide our reasons for doing so and information about your ability to complain about such refusal.

13.6 In order to protect the confidentiality of your Personal Information, details of your information will only ever be passed on to you where we are satisfied that the information relates to you.  Accordingly, we may request documentation from you which confirms your identity before passing on any Personal Information which relates to you.

14. Making a complaint

14.1 Complaints about our Privacy Policy or our collection, use, disposal, or destruction of your Personal Information should first be directed to us at the details set out above.

14.2 We will investigate and attempt to resolve your complaint in accordance with the Act. If you are not satisfied with the outcome of this process, then you may contact the OAIC.

15. Privacy Policy changes

We may change this Privacy Policy at our discretion. If we do so, the latest version of our Privacy Policy will be available on our Website, and it will apply to all your Personal Information held by us at that time. 

16. Further information

16.1 If you require any further information or have any queries regarding our Privacy Policy, please contact us at the details set out above.

16.2 Should you wish to read more information on the Act, we recommend that you visit the website of the OAIC at www.oaic.gov.au.