“VICTRIX SOLUTIONS PTY LTD Pty Ltd” trading as Fortix ABN: 77 108 500 330 (“Fortix”) is committed to protecting your privacy. This Privacy Policy (“Policy”) is provided to make you aware of how we collect and use your information. This Policy also contains all necessary consents for us to provide you the use of Fortix’s applications (“Application”), online website (“Site”) and any related (“Services”). This Privacy Policy applies to all information collected by Fortix and/or its related entities, affiliates and subsidiaries as defined by the Corporations Act 2001 (Cth). For the purpose of this Policy, “we” and “our” shall refer to Fortix. Unless otherwise defined in this Privacy Policy, capitalised terms used in this Privacy Policy have the same meanings as in our Terms and Conditions of Use (“TCU”).

By using any Application, the Fortix Services or the Site, you consent to the privacy practices described in this Policy. This Privacy Policy does not cover your use of the Credit Card Services in connection with your Credit Card Account. Your use of your Credit Card Account and the Credit Card Services is covered by the User Agreement and the Credit Card Privacy Policy that you agreed to when you opened your Credit Card Account, as may be amended from time to time. This Policy covers our collection, use and disclosure of your information through the Applications, the Fortix Services and the Site. It does not cover any collection, use or disclosure by third parties through any applications, Web sites, products or services that we do not control or own, such as LinkedIn, Facebook, Google Plus, MySpace, or any third party features or services made available via an Application, the Fortix Services or the Site, such as the Credit Card Services. All trademarks, trade names, and logos of third parties featured on the Applications or the Site belong to their respective owners.

Your information is collected predominantly when you register for or use any of our Application and/or Fortix Services and/or the Sites owned and/or operated by Fortix, but may also be collected from information available in the public domain or from third parties. We also collect information from you when you take part in any contest, survey or promotion conducted by Fortix and/or our business partners. We also collect information from you when you register as a member of websites owned and/or operated by Fortix, or hosted by Fortix on behalf of our business partners or use services on such websites.

We collect the following types of information below through your use of the Applications, the Fortix Services and/or the Site.

“Personal Information” is information that identifies you or another person, which may be transmitted or received when you use an Application, the Fortix Services and/or the Site. Personal Information includes your geographic location information, names, physical addresses, email addresses, telephone, fax and other device numbers, calendar entries stored within your Device, contact entries stored within your Device, files, content, photographs, location information and other metadata in photographs and other information you transmit or receive using an App, the Fortix Services, Credit Card Services and/or the Sites which identifies you or another person. Personal Information also includes information about you or others that may be accessed by our system directly from your Device, including from your address book, location, photos or contacts folder, in order to enable certain features of an Application or the Fortix Services, such as the feature that finds and suggests other individuals who you may know. Unless you have elected to opt-out of providing your geographic location information, the Applications may use and store information related to the geographic location of your device and combine this information with other Personal Information to provide certain services, whether or not the Application is active. We collect Personal Information if you provide it directly to us via email or through the Applications, the Fortix Services or the Sites. We may also collect Personal Information when you send us messages, comments, questions or suggestions or if you participate in blogs, forums, message boards, chat rooms, profile pages and other services to which you are able to post information, if any, on the Site (collectively, “Forums”). We may also collect Personal Information through certain features of one or more Applications or the Fortix Services (and in some instances will allow you to opt-out of such collection or retention of certain Personal Information). In some instances, certain Applications do not have to be in active use in order for your Personal Information to be collected through them.

“Non-Personal Information” is information that does not identify you or any other individual, and includes Session and Usage Data, Log Data and Aggregate Information, each as described below.

• Session and Usage Data
  • “Session and Usage Data” is information about your use of an Application, the Fortix Services and/or the Site(s) and includes, without limitation, connection and service-related data submitted to us through your use of an Application, the Fortix Services or the Site(s).
  • Session and Usage Data includes information relating to the connection request, server communication and data sharing, including network measurements, quality of service, and date, time and location of the Fortix.
  • We also may aggregate Session and Usage data as described in Aggregate Information below.
  • Please note that Session and Usage Data does not include any Personal Information nor does it include Content you may transmit or share through the use of an Application (such as photos, contacts, calendar appointments, etc.), the Fortix Services, or the Site.
• Log Data
  • When you interact with us or use an Application, the Fortix Services or our Site(s), our systems may automatically collect your unique User Device number, the IP address, type of browser or operating system you use, and the dates and times of your use (“Log Data”).
• Aggregate Information
  • “Aggregate Information” is data we collect about a group or category of services or Users from which individual User identities have been removed.
  • In other words, information on how you use the Applications, the Fortix Services and the Site may be collected and combined with information about how others use the Applications, the Fortix Services and the Site(s), but no personally identifiable information will be included in the resulting Aggregate Information.
  • Aggregate Information helps us understand trends in our Users’ needs so that we can better consider new features or otherwise tailor the Applications, the Fortix Services and the Site.

Information which you provide to us may be used and disclosed by us and our affiliates, business partners and contractors for the following purposes.

We may use your Personal Information:

• to respond to your inquiries, fulfil your requests, provide services, or complete transactions you have requested.
• to send you information regarding an Application, the Fortix Services and the Site, changes to our terms, conditions, and policies and/or other administrative information.
• to resolve problems with an Application, the Fortix Services or the Site.
• to create an individual profile and provide personalised services, and to create and inform you of new products and services from us that better meet your needs.
• to better determine your location.
• as we believe to be necessary or appropriate:
  • in any manner permitted under applicable law, including laws outside your country of residence;
  • to comply with legal process;
  • to respond to requests from public and government authorities, including public and government authorities outside your country of residence;
  • to enforce our terms and conditions;
  • to protect our operations;
  • to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and
  • to allow us to pursue available remedies or limit the damages that we may sustain.

We do not collect your Credit Card Account information except to provide you with access to the Credit Card Services.

We may use Non-Personal Information for any purpose, including for our own internal purposes; to measure traffic patterns; to understand demographics, customer interest, and other trends among our Users; to provide, improve and modify the Applications, Fortix Services and the Site; and for promotion and marketing purposes. In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your unique User Device number). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined. We may display targeted advertisements based on Personal Information. We do not provide any Personal Information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will assume that you meet the targeting criteria used to display the ad.

In general, we use Session and Usage Data internally to serve our Users and enable them to take maximum advantage of the Applications, the Fortix Services and the Site. We also store Personal Information to improve the functionality of the Applications, the Fortix Services and the Site. All information collected is stored in our database and may be archived elsewhere. We may disclose your Personal Information:

• to our third party service providers who provide services such as web site hosting, maintenance, data analysis, payment processing, order fulfilment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other similar services, but only to the extent necessary or useful to provide such services, and only pursuant to contractual obligations requiring such third parties to maintain the privacy and security of your Personal Information.
• to identify you to anyone to whom you send messages through an Application, the Fortix Services or the Site.
• to identify you to other users of an Application to suggest you or they take advantage of certain features within Applications or the Fortix Services.
• provided by you on Forums freely and without limitation. Please note that any Personal Information you post or disclose on Forums will become public information, and may be available to visitors of the Site. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Site.
• to a third party in the event of any reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
• as we believe to be necessary or appropriate:
  • under applicable law, including laws outside your country of residence;
  • to comply with legal process;
  • to respond to requests from public and government authorities, including public and government authorities outside your country of residence;
  • to enforce our terms and conditions;
  • to protect our operations or those of any of our affiliates;
  • to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others;
  • to allow us to pursue available remedies or limit the damages that we may sustain; and
  • if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires immediate disclosure of communications or your Personal Information exists.

• We do not disclose your Personal Information to third parties, unless you first affirmatively agree to such disclosure.
• Share Fortix via an Application.
• If you use Fortix Application features to advise others about one of our Applications, the recipients will be sent an email or link inviting them to visit the Site and/or download the Application.
• Also, if you make available your contact information to other Users, such Users may include you within their contacts, and send you messages through an Application.
• Similarly, if you make available your contact information when you first register to use the Fortix Services, other Users who know your contact information may send you messages via an Application.

In general, the Applications, the Fortix Services and the Site access third party information (such as your Credit Card or social media account information) through application interfaces. We may provide links to third-party integrated sites, such as Microsoft, Facebook, LinkedIn and Google, as a service to our Users. Some of the functionality of third-party integrated sites interoperate with, and are highly dependent upon, application programming interfaces (APIs) from the third-party integrated sites. If you grant us third-party access to some or all services (depending on the permission you give) through the APIs, you have the ability to control what Personal Information you share with third parties through our own API for use in connection with their services. Any Personal Information you share with third-party integrated sites through our API will be governed by their privacy policies and we do not assume any responsibility for such third party’s use of your Personal Information once shared through our API. If you decide to register through or otherwise grant access to these third-party social networking or integrated service, Fortix may also collect Personal Information that is already associated with your integrated service account. If you choose to provide such information, during registration or otherwise, you are giving Fortix the permission to use, share and store it in a manner consistent with this Privacy Notice. We will provide your Credit Card information to eWay in connection with your use of the Credit Card Services. When you click on links of third parties in an Application, the Fortix Services or the Site, you may leave the Application, the Fortix Services or the Site. Some of these third party sites may be co-branded with our name/logo or our affiliated entity’s name/logo, even though they are not operated or maintained by us. This Policy does not address, and we are not responsible for, the privacy practices of Web sites operated by third parties, whether they are linked to or otherwise accessible from an Application, the Fortix Services or the Site. The inclusion of a link or accessibility of third party Web sites does not imply endorsement of such third party Web site by us. eWay’s use of your Credit Card information is governed by eWay’s privacy user agreement and privacy policy.

We cannot control the actions of other Users with whom you share your information. We cannot, and do not, control the information you share with other Users using an Application, the Fortix Services or the Site (including via Forums) or how such other Users will use or share such information. We are not responsible for third party circumvention of our security measures.

We will not be able to remove your Personal Information from the database of any other Users you have shared such information or from third parties to whom you have previously authorised us to share such information (i.e., to which we have already provided your Personal Information as of the date that we implement your opt-out request).

If you would like to review, correct, update, suppress, delete or otherwise limit our use of your Personal Information that has been previously provided to us, you may contact us [email protected]. In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. We will try to comply with your request as soon as and to the extent reasonably practicable. Again, we cannot remove your Personal Information from the database of any other Users you have shared such information or from third parties to whom you have previously authorised us to share such information. Your device may also have settings to limit the Personal Information, including location information, provided to the Application. Review your device manual or contact the manufacturer for further information regarding these features.

Fortix uses “cookies”, where a small data file is sent to your browser to store and track information about you when you enter our websites. The cookie is used to track information such as the number of users and their frequency of use, profiles of users and their preferred sites. Like many web site operators, Fortix may use an independent company to collect, measure and analyse the following core information on the usage of our web sites, including:

• The number of page views (or page impressions) that occur on Fortix web sites;
• The number of unique visitors to Fortix web sites;
• How long these unique visitors (on average) spend on Fortix websites when they do visit; and
• Common entry and exit points into Fortix websites.

This information is collated and provided to Fortix to assist in analysing the usage of Fortix web sites. Such data may be accessible by media organisations and research companies, for the purpose of conducting industry comparisons with other Internet portals. Pages on Fortix web sites may be coded with software which enables the independent company and Fortix to track visitors to our web sites.

Fortix is very concerned about safeguarding the confidentiality of your Personal Information. We take reasonable steps to ensure that the storage and use of your personal information is undertaken in a secure way that protects your privacy. Information is stored in various ways, including hardcopy and electronic records. We take reasonable steps to implement controls around technology and organisational processes to prevent unauthorised access and use and disclosure. Please be aware that no security measures that we take to protect your information is absolutely guaranteed to avoid unauthorised access, use or disclosure of your Personal Information or is impenetrable.

Australian Privacy Principles requires an organisation to take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under Australian Privacy Principles. We will destroy any information that it no longer needs for any purpose.

Your Personal Information may be stored and processed in any country where we have facilities, and by using an Application, the Fortix Services or the Site you consent to the transfer of your Personal Information to countries, which may be outside of your country of residence and may provide for different and less stringent data protection rules than in your country. If you object to your Personal Information being transferred or used as described in this Policy, please do not use any Application, the Fortix Services or the Site and immediately delete all Applications from your User Devices.

We do not collect and ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, sexual orientation, criminal background or membership in past organisations, including trade union memberships) on or through an Application, the Fortix Services or the Site or otherwise to us.

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Policy at any time. You can find the most recent version of this Policy at [email protected]. Such modifications shall become effective immediately upon the posting thereof on the Site. Therefore, we encourage you to check the date of this Policy whenever you access or use an Application, the Fortix Services or the Site to check if this Policy has been updated. You must review this Policy on a regular basis to keep yourself apprised of any changes. If you do not agree to any modifications to this Policy, your sole recourse is to immediately stop all use of all Applications, the Fortix Services and the Site. Your continued use of any Application, the Fortix Services or the Site following the posting of any modifications to this Policy will constitute your acceptance of the revised Policy. Should you have any questions regarding this Policy, please contact us at the contact information listed at the end of this Policy. Please note that none of our employees or agents has the authority to vary any of our Policies.

If you are unhappy with the way we have handled your information or have any questions or comments about this Policy or our privacy practices, or to report any violations of the TCU or abuse of an Application, the Fortix Services or the Site, please contact us at [email protected]. If you are not satisfied with how we have dealt with the complaint, you can contact the Office of the Australian Information Commissioner by calling 1300 363 992.

For additional information on your privacy rights, please visit the Office of the Australian Information Commissioner website at http://oaic.gov.au.