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Privacy Policy

Our commitment to privacy

Motium Pty Ltd (ACN 099 456 381) (Motium) values your privacy and is committed to protecting it.  We know that providing personal information is an act of trust.  We value and take your trust very seriously.  Outlined below is our current Privacy Policy.  It describes how we process any personal data that you choose to provide us, that we collect from you, or that you provide to us through our website.  Our privacy policy is based on industry best practice.

Motium abides by the Australian Privacy Principles (APPs) established under the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth).  If you are a resident of an EU member state, then in accordance with the General Data Protection Regulation 2016/679, there are further provisions of this Privacy Policy that are applicable to you.  Those provisions are set out later in this document.

Unless you give us explicit consent to act otherwise, the following policy governs how Motium handles your personal information and safeguards your privacy.  Motium is committed to ensuring the protection of your personal information and giving you options regarding who can use your personal information and how it can be used.

Types of information we may collect

Motium is required under various legislation and codes of practice to collect certain information about you in order to provide our range of goods and services.  These include, but are not limited to, the Corporations Act, Income Tax Assessment Act, as well as certain regulations issued by the Australian Securities and Investments Commission (ASIC), and other government organisations.

Our ability to provide you with comprehensive and quality services is reliant on us obtaining certain information about you.  The staff and representatives of Motium may request personal and sensitive information (as those terms are defined in the Privacy Act 1988 (Cth)) from you, which will generally comprise, but not be limited to, the following types of information:

  • Personal details such as name, address, contact details (phone, email), employment details;
  • Business details including ABNs;
  • Details of previous business financial transactions and referees.

If you do not provide us with the information required, we may elect to terminate our relationship with you, if we believe it will prevent us from providing you with a complete, accurate, and comprehensive service.

When you visit our website, we may collect information that you voluntarily disclose and information that is automatically collected such as:

  • Information collected when you register or update your details on a website form, including identifying information such as your name, phone number, email address, physical address, and company information;
  • Information submitted to online facilities such as search tools; and
  • Tracking information we collect as you use the Website, including which areas of the site you visit, your IP address, your browser, and information about your computer’s operating system, application version, language settings, and pages that have been shown to you.
  • If you are using a mobile device, we might also collect data that identifies your mobile device, device-specific settings, and latitude/longitude details. We might also calculate and process data related to the type of apps installed on a mobile device, such as the name of the app, an app description, and the category it belongs to.

It is unlikely that any one piece of this information alone will be able to tell us who you are, but it is considered to be “personal” information and in conjunction with other information we hold about you may identify you.

Use and disclosure of information

Any personal information collected by Motium will be used for the following purposes:

  • Provision of goods and services you have engaged Motium to supply.
  • Completion of associated documentation and forms.
  • To market goods and services which may be supplied by Motium, unless you inform us not to do so. (Your information will be automatically uploaded to our email marketing applications.)

From time to time we are required to disclose information to other organisations to comply with the laws and regulations governing our provision of services.  The organisations we may be required to disclose information to include, but are not limited to:

  • Affiliated companies within the Motium group including for administrative purposes.
  • Financial institutions.
  • The Office of the Australian Information Commissioner.
  • Other government departments as required by law such as the Australian Taxation Office (ATO), ASIC, and Centrelink.
  • External service providers to Motium and other compliance inspectors such as for audit purposes.
  • External parties for business acquisitions or in the event of the sale of the business.
  • Any other external party which we are compelled at law to make disclosures to.
  • Any other external party as authorised by you from time to time.

We will not use or disclose information collected about you other than for a purpose made known to you unless the disclosure is:

  • Required by law, such as Customs, ATO, Australian Prudential Regulation Authority, ASIC, etc, who have the power to order us to disclose information about your situation;
  • Authorised by law, such as to protect our interests or where we have a duty to the public to disclose;
  • To protect a life;
  • You have consented to our disclosing the information; or
  • The assets and operations of the business are transferred to another party.

Motium does not sell, rent, or trade your personal information.  We may use the personal information collected from you for the purpose of providing you with direct marketing material such as articles that may be of interest to you.  You may request not to receive such information by contacting us, as set out below.

Other than as set out in this document, we will not disclose your information to other parties without your explicit consent.

Storage and security

We use a number of mechanisms to protect the security and integrity of your information.  No data transmission over the Internet can be guaranteed as completely secure, so while we strive to protect such information, we cannot warrant the security of any information you transmit to us, and you do so at your own risk.

Motium recognises how important the privacy of your personal information is.  We will, at all times, seek to ensure that the personal information collected and held by us is protected from misuse, loss, unauthorised access, modification or disclosure.

All paper files are stored in secure areas.  Information held in computer databases is protected through the use of firewalls, SSL encryptions, passwords, anti-virus software and email filters.  In the event you cease to be a Motium customer, any personal information which we hold about you will be maintained in a secure storage facility for a period of at least 7 years, in order to comply with legislative and professional requirements, after which time the information will be destroyed or de-identified (at our discretion).

Transfer of information overseas

Motium may use cloud-based applications and servers located outside of Australia to process or back-up information.  As a result, your information may be transferred to our overseas facilities for storage.  This does not change any of our commitments to safeguard your privacy.  We strive to ensure that any transmission of information across borders relies on secure servers in nations that have privacy and data protection laws substantially similar to those in Australia, in accordance with our commitments to safeguard your privacy.  However, there is an inherent risk in the use of the Internet and cloud-based applications, and accordingly we cannot guarantee that your information will not be transmitted to, or intercepted by, parties located in nations that do not enforce such systems.

Transmission of information outside of Australia may also be required either when information is sent directly to you (and you are located outside of Australia), or to obtain further information from international organisations to aid services provided.  Again, to the extent possible, the information will only be transferred to another country where Motium reasonably believes the other country has privacy laws substantially similar to those in Australia.

If you are located in a country that does not have privacy and data protection laws substantially similar to Australia, then we cannot make any warranty or guarantee in relation to the protection of any information transmitted to or from you.

Notifiable data breach scheme

We may be required to make mandatory disclosures of any data breach we experience in accordance with the Notifiable Data Breach Scheme (Australia) established by the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth).  If we are required to make a mandatory disclosure under the data breach act and that data breach relates to your information, we will notify you of same as soon as practicable in the manner required by the Scheme.

Access your information

You may, at any time, request access to your personal information and we will provide you with access to that information either by providing you with copies of the information requested, allowing you to inspect the information requested, or providing you with an accurate summary of the information held.  We may, prior to providing access in accordance with this policy, require you to provide evidence of your identity, to our satisfaction.  To the extent reasonably possible, we will provide that information in a form that is able to be accessed and understood by you.

In the event we refuse you access to your personal information we will provide you with an explanation for that refusal.  We will endeavour to respond to any request for access within 14 business days, depending on the complexity of the information and/or the request, and may charge fees for the request of a significant amount of information to be copied or accessed.  If you make a general request for a large amount of information, we may ask you to narrow your request to the specific information you are requiring access to, if it is reasonable for us to do so.  We are not required to provide you with any information that you already have access to or a copy of.

You may also ask us in writing to erase any information that we hold about you.  On receipt of such request, provided that same is not required to be retained by us:-

(a)  To deliver services to you;

(b)  To comply with any laws or other regulations applicable to our business operations, including file retention requirements; or

(c)  To exercise or defend legal claims,

then we will use reasonable endeavours to comply with your request and confirm compliance to you as soon as practicable.  Prior to making any such deletions, we may require you to identify yourself, to our satisfaction.  If we are unable to delete any information or otherwise refuse to do so, we will provide you with a written explanation as to our reasons.

Quality of the personal information

Motium is committed to ensuring the personal information we hold is accurate, complete and up to date.  To assist us with this, please contact us if any of the details you have provided change.  Furthermore, if you believe the information we have about you is not accurate, complete, or up to date, please email us and we will take all reasonable steps to correct the information.

General Data Protection Regulation 2016/679  (“GDPR”)

If you are an individual resident of an EU member state, then the GDPR applies to our collection, storage and use of your information.  In addition to the general provisions set out in this document, the provisions in this section will apply to you and to the extent of any conflict with the general provisions, the provisions in this section will prevail.

  1. As we are incorporated in Australia, you acknowledge and expressly agree that all of your information will be transmitted outside of the EU and in particular to Australia for processing purposes.
  2. We may be required to disclose your information to any governmental body, supervisory authority, or regulator in the EU as required by the GDPR from time to time. We may also be required to make mandatory disclosures of any data breaches relating to your information in accordance with the GDPR.
  3. If you request a copy of any information held about you, then to the extent reasonably possible (and provided the general provisions of this document relating to such a request are met) in accordance with the GDPR we will endeavour to provide such information in a structured, commonly used, machine-readable and interoperable format that enables data portability.
  4. Any right you have to access, erasure and portability of your information under the GDPR is restricted in the manner set out in Article 23 of the GDPR.
  5. You are entitled to object to any direct marketing activities undertaken by us in accordance with this document.
  6. You are entitled to object to any profiling of you that is undertaken by us, or automatically by machines, as a result of the collection and processing of your information.
  7. We will, where reasonably practicable, encrypt your information. However, you acknowledge and agree that it is unreasonable and inappropriate for us to use pseudonyms for data processing in our ordinary course of business and in the delivery of services to you.

If you have a question or a problem

If you have any queries relating to our Privacy Policy, or you have a problem or complaint, please contact us by telephone or send an email to feedback@motium.com.

Online privacy

Motium’s website may contain links to other web sites whose operator may or may not adhere to a privacy policy or be governed by the APPs or GDPR.  The information we collect will depend on how you use the facilities on the website and may include some of the personal details stated above.  For example, if you visit the website to browse or download information, our system will record the date and time of your activities, the information viewed and/or downloaded.  In the event that you enter information in the process of completing an email or any other on-line forms, the information will be collected by Motium if you submit the details.

Cookies and other tracking technologies

Cookies are small text files that can be placed on your device that allow us to distinguish you from other users of our Website.  Most web browsers are set to accept cookies.  Motium uses cookies to make your use of our Website and services as convenient as possible.  Cookies in and of themselves are harmless and do not personally identify users, although they do identify a user’s browser.  Cookies are useful to estimate the number of visitors and determine overall traffic patterns through our Website.

We may use cookies, web beacons, or similar technologies to collect de-identified information about your visits to our website www.motium.com (“Website”) for the purpose of improving your experience browsing our Website.  For example, when you visit our Website we may collect your server address, domain name, operating system, browser type, pages accessed, documents downloaded, previous visits, referring website, and visit date and time.  You may set your browser to disable cookies but some parts of our Website may not function properly if cookies are disabled.

Our Website may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”).  Google Analytics uses cookies to help analyse site usage.  The information generated by the cookie about your use of the Website (including your IP address) is stored by Google.  Google’s privacy policy can be found here: http://www.google.com/policies/privacy/.

We will not spam you

We may contact you via email or other addresses which you provide to us in order to:

  1. Provide you with updated information about our Website; or
  2. Provide you with other information about our products and services which you may enjoy, if you have opted to receive this information.

During the process of subscribing and registering for these updates, you will be required to provide personal information such as your Name, Address, Email Address, etc. and your preferences regarding the updates sent to you from our Website.  All emails sent by Motium will include a suitable method for unsubscribing.

Privacy complaints

If you wish to complain about any breach or potential breach of this privacy policy, the APPs or the GDPR, you should send an email to feedback@motium.com and request that your complaint be directed to the Privacy Manager.

Your complaint will be responded to within 14 business days.  We will use our best endeavours to resolve any complaint to your satisfaction.  If you are unhappy with our response, you are entitled to contact the Office of the Privacy Commissioner who may investigate your complaint further.

Changes to this Privacy Policy

We may amend this Privacy Policy as our business requires or as the law changes.  Any changes will be updated on our Website:  www.motium.com.  The amended Privacy Policy will apply between us whether or not we have provided you specific notice of any change.