2. Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Trendspek Operations Pty Ltd, Level 1 Suite 1.103/477 Pitt St, Haymarket NSW 2000, Australia.
For the purpose of the GDPR, the Company is the Data Processor.
- Cookies are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: New South Wales, Australia
- Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the platform Users as the legal person which alone or jointly with others determine the purposes and means of the processing of Personal Data.
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Trendspek website, accessible from https://trendspek.com/
- You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
3. Collecting and Using Your Personal Data
3.1 Types of Data Collected
3.1.1 Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information (PII) may include, but is not limited to:
- Email address
- First name and last name
- Phone number (mobile/home)
- Address, State, Province, ZIP/Postal code, City
- IP address
- Cookie data
- Usage Data
3.1.2 Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
3.1.3 Tracking Technologies and Cookies
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_sharedobjects
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: What Are Cookies?
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
3.2 Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
3.3 Access and/or Update Information
If you would like us to update or amend your personal information, please contact us on the contact details and we will make the requested amendments. We may ask you to verify your identity to ensure that personal information we hold is not improperly accessed.
3.4 Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
3.5 Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
3.6 Opting “IN” Or “OUT”
An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when the following privacy principles apply to us:
- Opt In. Where the individual will have the right to choose to have information collected and/or receive information from us; or
- Opt Out. Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us. If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us on the contact details.
3.7 Disclosure of Your Personal Data
3.7.2 Law enforcement
Under certain circumstances, the Company or Data Controller may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
3.7.3 Other legal requirements
The Company or Data Controller may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
3.8 Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
4. Detailed Information on the Processing of Your Personal Data
Trendspek conducted a DPIA for this project due to the scope of its data processing activities. As an Australian-based company providing on-premises software and cloud services to organisations in the EU, Trendspek's data processing activities must adhere to the GDPR and is regulated by the ICO. The GDPR, in relation to Trendspek's processing of PII of individuals requires Trendspek to observe particular attention to the consent of individuals, and more generally, the rights of individuals as detailed in the section 'Your Right Under the GDPR' shown below.
As a company whose mission is to build technology that enables organisations to draw on vast volumes of asset data, distilled into a user-friendly interface, to deliver trust and certainty in asset management. Trendspek’s Precision Asset Intelligence (PAI) software combines the next generation in Rapid Asset Capture, with intuitive software that delivers the most detailed models in the world – Precision Reality Twins (PRT). Accordingly, Trendspek processes customer data to help its partners evaluate and manage their assets more effectively and efficiently.
|Lawfulness, Fairness, and Transparency
|Processing of personal data lawfully, fairly and in a transparent manner in relation to the data subject.
|Personal data being processed is adequate, relevant and limited to what is necessary in relation to your processing purpose.
|Update or remove data that is inaccurate or incomplete. Individuals have the right to request to erase or rectify erroneous data that relates to them, and you must do so within a month.
|Storage limitation (Retention Period)
|Retention period is defined. Refer to 3.4 Retention of Your Personal Data.
|Integrity and Confidentiality
|Personal data is safe and protected against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
|The data controller is responsible for being able to demonstrate GDPR compliance with all of these principles.
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
4.2 Email Marketing
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to you. Eg: PipeDrive CRM : https://www.pipedrive.com/en/privacy
4.3 De-identified Information
We may use your Personal Information in de-identified form (de-identification being a process by which a collection of data or information is altered to remove or obscure personal identifiers and personal information) to assist us in running our business. We may also provide, including by way of sale, de-identified data and/or information in aggregated form, to third parties. This data and/or information may include (but is not limited to):
- Measurement statistics;
- Trends in property, land and other subject characteristics;
- Characteristics of property and other subjects;
- Such other data and information that is collected via the Online Platform and/or Services and is not capable of identifying you.
When your Personal Information is included in de-identified, aggregated data, it is not possible to identify you or anything about you from that data.
5. GDPR Privacy
5.1 Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
5.2 Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
|Lawfulness, Fairness, and Transparency
|Trendspek has identified appropriate lawful bases for the processing of typeof data, and legitimate interests. We are honest about the data we collect, and we handle people's data fairly. We also make comprehensive privacy notices available to ensure recipients are adequately informed.
|We have a clear purpose for processing data, and it is documented in the DPIA and our project-specific privacy notice.
|We collect data such as please list here from entity. This is the minimum amount needed to register, identify customers in the system and provide an appropriate service to registered users.
Customer's IP addresses and cookie data is collected to help Trendspek improve and provide its online services. Trendspek processes no other data.
|Initial Data accuracy is the domain of the Data Controller who collects the data. Trendspek as a data processor, simply stores, processes the images and displays on request, the data supplied by the Data Controller. The accuracy of the stored data is ensured via the technology employed – insert detail
|Storage limitation (Retention Period)
|The data controller determines the retention period. If not explicitly stated, our Data Retention policy is below.
The retention period of the information processed is three 3 years at the minimum after the subscription ended or when the data subject requested to be removed in the system. Retained data will be managed and protected according to Trendspek’s information security policies and procedures. This includes appropriate access controls, encryption, backups, and disaster recovery plans.Should Trendspek be required to take a copy of any data from the data controller for the purposes of some defect correction or analysts of a problem, Trendspek has a standard policy of retaining data only as long as necessary to resolve the issue, then the copied data is destroyed.
|Integrity and Confidentiality
|We take a 'privacy by design and default' approach. Application functionality is protected by password and user group access controls. All passwords and system security controls data are encrypted, and sensitive data are pseudonymised. We follow best practices and use ASD Approved cryptographic algorithms and ciphers - [https://www.cyber.gov.au/resources-business-and-government/essential-cyber-security/ism/cyber-security-guidelines/guidelines-cryptography](https://www.cyber.gov.au/resources-business-and-government/essential-cyber-security/ism/cyber-security-guidelines/guidelines-cryptography)
Only select employees with appropriate access controls are authorised by the Compliance manager and IT manager to have access to system controls. The customer can then set controls over user data through Trendspek’s software, in support of the 'principle of least privilege.' Access to the data is controlled on the software and practice project level within the ISO27001 security standards that Trendspek have applied. In the unlikely event that the system's security credentials are compromised, this does not compromise other organisation’s customer data or access rights.
|Trendspek documents its data processing activities with internal data audit and data inventory tools. Trendspek have assigned a Data Protection Officer who reports to the Operations Director and is registered with the IT Manager as being responsible for routinely ensuring all technical and organisational security measures are appropriate and well-documented, regularly auditing these processes and procedures and reporting to the Operations Director and IT Manager and Customers any data breaches within 72 hours, as per GDPR Guidelines
5.3 Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
5.4 Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
5.6 Contact Us
5.6.1 If an individual needs to contact us or has a complaint about our handling of their Personal Information, they should address their communication in writing to the details below. Once you send an email you will hear back from Trendspek within 72 Business hours with next steps.
Trendspek Operations Pty Ltd
Address: Level 1 Suite 1.103/477 Pitt St, Haymarket NSW 2000
Email: [email protected]
5.6.2 If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us.
5.6.3 If we become aware of any unauthorised access to an individual’s Personal Information we will inform them and any supervisory authority as required, at the earliest practical opportunity once we have established what was accessed and how it was accessed.