Privacy Policy

1. Encapto means Encapto Pty Ltd ABN 57 600 758 834; Encapto Holdings Pty Ltd ABN 70 614 724 097; and Encapto UK Limited Company Number 10454046 all of 54-56 Langridge St, Collingwood, Melbourne, Victoria, 3066, Australia (Encapto or we).

2. This Privacy Policy (Policy) details how we treat your personal information whenever you deal with Encapto, or use Encapto’s services or when you access an Encapto website or if your Encapto service provider discloses your personal information onto Encapto (collectively the Encapto Services).

Definitions

3. End Users means the ultimate user of the Encapto Services.

4. System Users means the individuals You (the subscriber of the Encapto Services_ permit to access (and configure) the Encapto Services. If You wish, You can allow Your System Users to create their own System Users. Your System Users may create End Users.

What personal information?

5. We collect certain personal information about visitors and users of the Encapto Services.

6. The type of personal information we usually collect includes: username, your login details, your gender, email address, birthdate, job title, your payment gateway login credentials, IP addresses, internet usage information, MAC address and user agent string, your location when you access Encapto Services, contact details, images, payment information from payment gateway providers , transactional details, tax information, support queries, content you direct Encapto to make available on Encapto’s portal (such as problem solving tips), your actions on Encapto Services (including any selections or inputs into items) and web and email analytics data. We will also collect personal information from job applications (such as, your CV, the application form itself, cover letter and interview notes).

How does Encapto collect personal information?

7. We collect personal information directly when you provide it to Encapto, automatically as you navigate through the Encapto Services, or through other people when you use Encapto Services through a third party.

8. We collect your personal information when you provide it to Encapto when you complete your subscription registration, or use an Encapto Services, subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send Encapto a communication.

9. If you allow End Users to use Encapto Services, your End Users will have to provide express and voluntary consent prior to being able to access Encapto’s Services.

Personal information we collect about you from others

10. Although we generally collect personal information directly from you, on occasion, we also collect certain types of personal information about you from other sources. In particular:

financial and/or transaction details from payment gateway providers that you choose to process your payment transaction;
third party service providers (like Facebook) if you use a third-party service provider to access Encapto Services (such as Facebook’s login API) in which case Facebook sends Encapto information such as your registration and profile from that service. The information varies and is controlled by that service provider or as authorized by you via your privacy settings at that service provider; and
other third-party sources/and or partners whereby we receive additional information about you (to the extent permitted by applicable law), such as demographic data or fraud detection information, and combine it with information we have about you.

How we use personal information

11. We use your personal information:

11.1. to enable you to access Encapto Services;

11.2. where your personal information is necessary for purposes which are in our, or third parties’, legitimate interests such as:

a. operating, maintaining, improving and promoting the Encapto Services;

b. process any financial transactions you have with Encapto;

c. providing you with support or professional services;

d. updating you about anything that is relevant to you regarding the Encapto Services including updates and planned or emergency outages;

e. monitoring activity on the Encapto Services to minimise the risk of fraudulent activity and to ensure System Users and End Users comply with Encapto’s subscription terms;

f. managing Encapto’s legal and operational affairs (including, managing risks relating to content and fraud matters);

g. training Encapto staff in relation to customer service issues; and

h. processing your job application to Encapto;.

11.3. when you give Encapto consent:

a. to market products and services to you; and

b. customising the Encapto Services such as through cookies or similar technologies – in order to provide a more personalised experience.

11.4. When we are required to use your personal information by law, For purposes which are required by law.

11.5. For the purpose of responding to requests by government, a court of law, or law enforcement authorities conducting an investigation.

When we disclose your personal information

12. We will disclose personal information to the following recipients:

if applicable, the System User that gave you access to the Encapto Services as an End User, who maybe located in any of the countries Encapto Services are available in;
subcontractors and service providers who assist Encapto with the ways we use personal information (as set out above), in particular: website hosting providers which are located in the geographically closest region in which your System User resides ,technical and customer support services which are located in Australia, recruitment agencies which are located in Australia or in your geographically closest region, sales, marketing and analytics services which are located in Australia and UK or USA ; security and fraud prevention services which are located in Australia or in your geographically closest region; your payment gateway provider; and identification verification services located in the Australia or in your geographically closest region. Encapto’s subcontractors and services providers may also transfer and access such information from other countries in which they have operations.
our legal and commercial professional advisers which are located in Australia and or in your geographically closest region[#other regions];
regulators and government authorities in connection with Encapto’s compliance procedures and obligations;
a purchaser or prospective purchaser of all or part of Encapto’s assets or Encapto’s business, and their professional advisers, in connection with the purchase;
a third party to respond to requests relating to a criminal investigation or alleged or suspected illegal activity;
a third party, in order to enforce or defend Encapto’s rights, or to address financial or reputational risks;
a rights holder in relation to an allegation of intellectual property infringement or any other infringement; and
other recipients where we are authorised or required by law, or requests by government, a court of law, or law enforcement authorities, to do so.

Where we transfer and/or store your personal information

13. We are based in Australia, USA and UK [#other regions] so your data will be processed in Australia or in your geographically closest region. In addition to Australia, if your System User has required Encapto to process your personal information in your region, the server that is your personal information will remain in your region.

Security of your personal information

14. We store personal information on secure servers that are managed by Encapto and Encapto’s service providers that are located in the geographically closest region in which your System User resides, and occasionally hard copy files that are kept in a secure location in Australia and [#other regions]. Personal information that we store or transmit is protected by industry standard security and access controls.

Your access to your personal information held by Encapto

15. If you are a System User, you can access some of the personal information that we collect about you by logging in to your account. Currently, End Users are not able to access the personal information Encapto has collected about them.

16. You can request Encapto correct any errors in that data Encapto holds about you.

17. You can request to access personal information we hold about you. Encapto reserves the right to charge you a USD$25 to contribute to Encapto’s time and administrative costs in complying with your request for access. Encapto may request you to verify your identify before Encapto provides you with access to your personal information.

18. You can also close the account you have with Encapto for any of the Encapto Services at any time. To make an access or correction request, contact Encapto’s privacy officer using the contact details at the end of this policy.

Marketing Choices regarding your personal information

19. When you subscribe to Encapto’s email list or otherwise have indicated that you are interested in receiving offers or information from us), Encapto will send you marketing communications by email about products and services that we feel may be of interest to you. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future by using the “unsubscribe” facility provided in the communication itself.

20. You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of the Encapto Services may not work properly in your case.

Encapto’s website cookies and web analytics

21. When you visit the Encapto website, Encapto’s website collects certain generally anonymous information and that does not reveal your identity. If you’re logged into your account some of this information could be associated with your account. The generally anonymous information we may collect include:

your IP address or proxy server IP address’;
the domain name you requested;
the name of your internet service provider;
the date and time of your visit to the website;
the length of your session;
the pages which you have accessed;
the number of times you access the Encapto site within any month;
the file URL you look at and information relating to it;
the website which referred you to the Encapto Services;
the operating system which your computer uses; and
the technical capabilities of your web browser.

22. Occasionally, we will use third party advertising companies to serve ads based on prior visits to the Encapto Services. For example, if you visit the Encapto Services, you may later see an advertisement for Encapto’s products and services when you visit a different Site.

23. You can control or reset your cookies and similar technologies through your web browser, which will allow you to customise your cookie preferences and to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Encapto Services may not function properly if the ability to accept cookies is disabled.

Information about children

24. If you are under 16 we ask that you do not use the Encapto Services without the supervision of your nearest responsible adult or give Encapto your personal information. If you are from 16 to 18 years, you can access the Encapto Services but you’ll need the supervision of a parent or guardian to become a registered user, if this is required by the System User that administers your Encapto Services. It’s the responsibility of parents or guardians to monitor their children’s use of the Encapto Services.

Information you make public or give to others

25. If you make your personal information available to other people, such as on a public forum or on social media, Encapto can’t control nor is Encapto responsible for the way those other people use or manage that data. Before making your information publicly available or giving your information to anyone else, think carefully and check the privacy policy for that site to understand its information management practices as this privacy policy will not apply.

How long we keep your personal
information

26. We retain your personal information for as long as is necessary to provide the Encapto Services to you and others, and to comply with Encapto’s legal obligations. If you no longer want Encapto to use your personal information or to provide you with the Encapto services, you can request that we erase your personal information and close your Encapto account. Please note that if you request the erasure of your personal information we will retain information from deleted accounts as necessary for Encapto’s reasonable business interests, to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations or requests by government, a court of law, or law enforcement authorities, enforce the terms of service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.

When we need to update this policy

27. We will need to change this policy from time to time in order to make sure it stays up to date with the legal requirements and Encapto’s privacy management practices.

28. When we do change the policy, we’ll make sure to notify you about such changes, where required. A copy of the latest version of this policy will always be available on this page.

How you can contact us

29. If you have any questions about Encapto’s privacy practices or the way in which we have been managing your personal information, please contact Encapto’s privacy champion in writing at 54–56 Langridge St Collingwood VIC 3066 Australia or privacy@Encapto.com.

If your personal information has been compromised

30. If your personal information in our control is compromised as a result of a breach of security, Encapto will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose personal information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

European Economic Area users

31. For, European Economic Area (EEA) Encapto users, Encapto is obliged to comply with the requirements of the General Data Protection Regulation with respect to your personal information including the General Data Protection Regulation (GDPR). The GDPR governs how Encapto may process your information, and the rights that EEA users have in relation to it.

32. For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the “GDPR”), we are a ‘data controller’ of your personal information.

33. If you are an Encapto user to whom the GDPR applies, then, in addition to the rights described elsewhere in this policy, and subject to the exceptions provided for in the GDPR, you may require Encapto to delete the personal information Encapto holds about you, or that Encapto ceases using it, if it is no longer required, if you withdraw your consent to Encapto’s use of it or if you object to Encapto’s processing of it. You may also require that Encapto ceases to use your information where there is doubt over its accuracy.

34. If you are an Encapto user to whom the GDPR applies, then Encapto needs your personal information to provide you the Encapto Services and to fulfil Encapto’s obligations under Encapto’s Terms of Service. This use of your personal information is in Encapto’s legitimate interests. Encapto’s legitimate interests include providing properly functioning and improving Encapto Services, obtaining payment for the Encapto Services (if applicable), sending you marketing and enhancing our Service via research and development, data analytics, data labelling and machine learning. We do not rely on this lawful basis where our legitimate interest is overridden by your interest in protecting your data.

35. If you are an Encapto user to whom the GDPR applies, then You consent to Encapto or have a reasonable expectation of Encapto using your information in a certain way – for example, to inform you about new features or offers.

36. All enquires relating to the processing of personal information and Pathfinder’s compliance with the GDPR, including any requests relating to the deletion or our ceasing to use your information should be addressed to the Privacy Officer at the details set out above.

Your consent to use your personal information

37. Sometimes, Encapto requires your personal information to comply with legal or contractual obligations. In this instance, then provision of such data is mandatory if you wish to use the Encapto Services in the manner in which they were designed.

38. If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.

Both personal information and personal data have the same meaning in this Privacy Policy.
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Encapto Privacy Policy v3.0, effective date 22 July 2021‍