Privacy Policy

MARVEL INTERNET GROUP PTY LTD – PRIVACY POLICY

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through this website and mobile application (Site). In this Privacy Policy weus or our means Marvel Internet Group Pty Ltd trading as Ento ABN 63 130 397 509 and our affiliates. When we collect, store and use your personal information, we do so in accordance with the rules set down in the Australian Privacy Act 1988 (Cth), the Canadian Personal Information and Electronic Documents Act (PIPEDA), and by the European Union General Data Protection Regulation (EU) 2016/679 (the GDPR). We handle personal information in our own right and also for and on behalf of our customers and users. Our Privacy Policy does not apply to information we collect about businesses or companies; however it does apply to information about the people in those businesses or companies which we store to the extent that such information is regulated by applicable privacy laws. 

Please read this Privacy Policy carefully. If you are under 18 years of age, you must not use the Site. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

 

Personal information

Personal information: The types of personal information or personal data we may collect about you is reasonably connected to the purposes for which the information was collected, which depending on the circumstances, may include:

  • your name;
  • your contact details, including email address, mailing address, street address and/or telephone number;
  • your credit card details;
  • your preferences and/or opinions;
  • details and information necessary for your onboarding on our Site or desirable for your profile on our Site including your academic qualifications, your work experience, any professional qualifications, your resume, your superannuation account details, your emergency contact details and any required documents, clearance or verifications required for you to successfully onboard using the Site;
  • sensitive information as described below;
  • information you provide to us through customer surveys;
  • details of products and services we have provided to you and/or that you have enquired about, and our response to you;
  • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
  • information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
  • additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
  • any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

 

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

  • to enable you to access and use our Site, associated applications and associated social media platforms;
  • to contact and communicate with you;
  • for internal record keeping and administrative purposes;
  • for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
  • to run competitions, contests and/or offer additional benefits to you;
  • for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
  • to comply with our legal obligations and resolve any disputes that we may have; and
  • to consider your employment application.

For those purposes which are not reasonably required to respond to your inquiries or to provide the services or products you have request, you may opt out of such information handling practice.   Please see below section entitled ‘Your rights and controlling your personal information’ for information on how to opt out.

 

Legal bases for processing (for European Economic Area users)

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable European Union laws.  The legal bases depend on the services you use and how you use them. This means we collect and use your information only where:

  • we need it to provide you with our services, provide customer support and personalised features and to protect the safety and security of our services;
  • it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services and to protect our legal rights and interests;
  • you give us consent to do so for a specific purpose; or
  • we need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place.  Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using our services.

 

Disclosure of personal information to third parties

The third parties to whom we disclose personal information is reasonably connected with the purposes for collecting and using such personal information.   For example, we may disclose personal information to:

  • third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
  • our employees, contractors and/or related entities for the purpose of enabling them to service  your account 
  • our existing or potential agents or business partners;
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
  • courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia and Canada, including in the United States of America; and
  • third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia and Canada, including in the United States of America.

The third party will only process your personal information in accordance with written instructions from us and we require that the third party either complies with the privacy shield principles set out in the GDPR or another mechanism set out by applicable EU & Swiss data protection laws for the transfer and processing of personal information. When we refer to ‘processing’ in this clause and this Privacy Policy in general, we mean any operation or set of operations which is performed on personal information, whether or not by automated means, such as collecting, recording, organising, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available personal information.

Please note that we use the following third parties to process your personal information:

  • Amazon AWS;
  • APIXU;
  • Australian Tax Office (ATO);
  • Github;
  • Google Analytics;
  • HelloSign;
  • InfluxData;
  • Intercom;
  • MessageMedia;
  • Pusher;
  • Salesforce;
  • SendGrid;
  • Sentry;
  • SkyBiometry;
  • Slack;
  • Twilio; and
  • WidgetBrain

 

Disclosure of personal information outside jurisdiction 

By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia, Canada, and, if you are an individual located in the EEA, to third parties that reside outside the EEA. You acknowledge and agree that, as a result, your personal information may be processed, used, stored or accessed in other jurisdictions and may be subject to the laws of those jurisdictions which may be different than yours.  For example, information may be accessed and disclosed in response to demands or requests from government authorities, courts, or law enforcement in other countries.

Where the disclosure of your personal information is solely subject to the Australian Privacy Act, we will only disclose your personal information to countries with laws which protect your personal information in a way which is substantially similar to the Australian Privacy Principles and/or we will take such steps as are reasonable in the circumstances to require that overseas recipients protect your personal information in accordance with the Australian Privacy Principles.

 

How we treat personal information that is also sensitive information

Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian and Canadian Privacy Principles. Sensitive information is often contextual and may include information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information or biometric information.

We do not actively collect sensitive information, however your employer may use Ento to request and facilitate the collection of sensitive information from you. The collection of this sensitive information is subject to the applicable privacy policy of your employer. Where we are instructed to store your sensitive information by your employer, we will ensure this is stored securely in accordance with this Privacy Policy.

The types of sensitive information that your employer may collect from you, and store with Ento includes: :

  • visa information;
  • criminal record checks;
  • trade union or other professional associations;
  • health information; and
  • biometric information.

Sensitive information: We only collect, hold, use and disclose sensitive information for the following purposes:

  • any purposes you consent to;
  • the primary purpose for which it is collected;
  • secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the above listed third parties as reasonably necessary to provide our Services to you; 
  • to contact emergency services, or to speak with your family, partner or support person where we reasonably believe there is a serious risk to the life, health or safety of you or another person and it is impracticable for us to obtain your consent; and
  • if otherwise required or authorised by law.

 

Our responsibilities as a data ‘controller’ 

Controllers are defined by the GDPR as natural or legal persons, a public authority, agency or other body to which personal information or personal data has been disclosed, whether via a third party or not, and who determines the purposes and means of processing personal information. We are a controller under the GDPR as we collect, use and store your personal information to enable us to provide you with our goods and/or services.

As a controller, we have certain obligations under the applicable privacy laws including the GDPR when collecting, storing and using the personal information of individuals. If you are an individual located in the EEA, your personal data will:

  • be processed lawfully, fairly and in a transparent manner by us;
  • only be collected for the specific purposes we have identified in the ‘collection and use of personal information’ clause above and personal information will not be further processed in a manner that is incompatible with the purposes we have identified;
  • be collected in a way that is adequate, relevant and limited to what is necessary in relation to the purpose for which the personal information is processed;
  • be kept up to date, where it is possible and within our control to do so (please let us know if you would like us to correct any of your personal information);
  • be kept in a form which permits us to identify you, but only for so long as necessary for the purposes for which the personal data was collected;
  • be processed securely and in a way that protects against unauthorised or unlawful processing and against accidental loss, destruction or damage.

We also apply these principles to the way we collect, store and use the personal information of individuals on our Australian and Canadian customers or clients.

We have the following measures in place, in accordance with the GDPR and Canadian Privacy Principles:

  • Data protection policies: We have internal policies in place which set out where and how we collect personal information, how it is stored and where it goes after we get it, in order to protect your personal information.
  • Right to ask us to erase your personal information: You may ask us to erase personal information we hold about you.
  • Right to ask us to restrict data processing: You may ask us to limit the processing of your personal information where you believe that the personal information we hold about you is wrong (to give us enough time to verify if the information needs to be changed), or where processing data is unlawful and you request us to restrict the processing of personal information rather than it being erased.
  • Notification of data breaches: We will comply with the GDPR and Canadian privacy regulators in respect of any data breach.

 

Our responsibilities as a data ‘processor’ 

Where we are a data processor, we have contracts containing certain prescribed terms in our contracts with controllers. Depending on the circumstances, we can be a controller or processor or controller and processor. In addition to:

  • our contractual obligations with controllers (where we are solely a processor); and
  • our legal obligations under the GDPR as a controller (where we are both a controller and processor) as a processor we also have the following responsibilities under the GDPR:
    • not to use a sub-processor without the prior written authorisation of the data controller;
    • to co-operate with supervisory authorities;
    • to ensure the security of our data processing;
    • to keep records of processing activities;
    • to notify any personal data breaches to the data controller; and
    • to employ a data protection officer and appoint (in writing) a representative within the European Union if required by the GDPR. (These are not required for the company at the present time).

 We also apply these principles to the way we collect, store and use the personal information on individuals of our Australian and Canadian customers or clients.

 

Your rights and controlling your personal information

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict: You may choose to restrict the collection or use of your personal information.  For example, if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict how we process your personal information, we will let you know how the restriction affects your use of our Site or products and services.

Access and data portability: You may request details of the personal information that we hold about you.  You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party (data portability).

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you believe that we have breached the Australian or Canadian Privacy Principles or an article of the GDPR and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact the applicable privacy commissioner’s office, including the Office of the Australian Information Commissioner or the Office of the Privacy Commissioner of Canada if you wish to make a complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.  

 

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place physical, electronic and managerial procedures such as the pseudonymisation and encryption of personal information, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

There is always a risk that malicious third-party actors may attempt to access your personal information, and that despite our best efforts, your personal information may be the subject to a data breach. We encourage all individuals to keep watch for communications that are suspicious, and report any suspicious activity to us as soon as possible. We as a community can help keep us all safer.

 

Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

 

Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy. Although we endeavour to only link to sites or applications that share our commitment to your privacy, please be aware that this Privacy Policy will no longer apply once you leave our Site or such applications, and that we are not responsible for the privacy practices of third-party sites or applications.  We therefore suggest that you closely examine the respective privacy policies of third-party sites and applications to learn how they collect, use and disclose your personal information.

 

Amendments

We may, at any time and at our discretion, vary this Privacy Policy.  We will notify you if we amend this Privacy Policy, by contacting you through the contact details you have provided to us, posting changes on our website or other means we deem reasonably appropriate. Any amended Privacy Policy is effective once we notify you of the change.

 

For any questions or notices, please contact our Privacy Officer at:

Marvel Internet Group Pty Ltd, t/as Ento ABN 63 130 397 509

Email: contact@ento.com

Last update: November 2021