iComply Privacy Policy

  1. Introduction
    1. The iComply website application (the iComply Platform), the products or services made available to you on, or via, iComply Platform are created, operated and controlled by iComply Australia Pty Ltd (ACN 646 092 220) (iComply, we, us or our).
    2. iComply are committed to ensuring your Personal Information is protected. iComply manage your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act). (Privacy Act).
    3. By accessing and using the iComply Platform, our website, products and services you agree to this Privacy Policy.
    4. This Privacy Policy outlines how iComply collect, store, process, share, use and disclose your Personal Information, and how you may access your Personal Information kept by us or how you may make a privacy complaint.
    5. For the purpose of this Privacy Policy:
      1. Customer means a courier or delivery service provider who have purchased a subscription to access and use the iComply Platform.
      2. iComply Platform has the meaning in clause 1(a) and which is used by Customers to collect driver and courier compliance information and data from Users.
      3. iDeliver Platform means the online platform made available to Customers to assist Customers with the scheduling, delivery and distribution of products and services.
      4. User means any employee, contractor, consultant or agent of the Customer who is required by the Customer to access and use the iComply Platform.
  2. The information we collect about you
    1. 2.1. Personal Information
      1. Personal information has the same meaning that it has under the Privacy Act, namely, information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
      2. iComply collect and use Personal Information and Non-Personal Information from users of the iComply Platform, website, products and services, and any other individual who interacts with us.
      3. iComply will only collect and hold Personal Information about Customers and Users that are reasonably necessary to undertake our business activities and functions, make the iComply Platform, products and services available to the Customer and User, or as otherwise permitted by law.
    2. 2.2. Users
      1. We collect and hold Personal Information about Users of the iComply Platform as well as information or data that does not contain Personal Information. For example, the type of Personal Information and non-Personal Information that we collect includes:
        1. registration details and user profile information (for example, full name, email address, date of birth and mobile number);
        2. account credentials (for example, any username and password created by you as a user of the iComply Platform);
        3. driver and courier compliance information (such as health and safety information and vehicle roadworthiness information, payment information, drivers licence details, vehicle registration and work permit or visa entitlements information);
        4. any other content, information and other data that you post or submit on, or via the iComply Platform;
        5. information relating to your dealings, or enquiries you have made, with us, including information about the iComply Platform (or any other products and services you have ordered or purchased from us);
        6. device information which is automatically collected from you when you visit and navigate through the iComply Platform. Such information may include, but is not limited to, your device type; your device’s network connections; unique device identifier, your device’s name; your device IP address, screen size and calibration, information about your device’s web browser and internet connection you use to access the iComply Platform, geolocation information, browser characteristics, device characteristics, operating system and language preferences, dates and times of visits to the iComply Platform and other usage statistics; and
        7. other information that you provide to us or that we may collect in the course of our relationship with you.
    3. 2.3. Customer
      1. We collect and hold Personal Information as well as information or data that does not contain Personal Information about Customers that access and use the iComply Platform. For example, the type of Personal Information and non-Personal Information that we collect includes:
        1. Customer details (for example, business name, ABN, ACN or other business/company identifiers, email address and address);
        2. contact details of the Customer’s authorised representatives (such as, full name, job title, business phone number, business email address and office address);
        3. information about the Customer’s Users, products and/or services;
        4. payment or billing details (for example, credit card and debit card);
        5. information relating to your dealings, or enquiries you have made, with us in relation to the iComply Platform, our products and services; and
        6. other information that you provide to us or that we may collect in the course of our relationship with you.
    4. 2.4. Other information
      1. iComply may also collect some information that is not Personal Information because it does not identify you or anyone else. For example, iComply may collect anonymous answers to surveys or aggregated information about how Users or Customer’s use the iComply Platform.
      2. If you are a candidate seeking employment with us, we will use your Personal Information to process your application and assess your suitability for any role. We may retain your information for future reference.
    5. 2.5. Sensitive Information
      1. Sensitive Information has the same meaning that it has under the Privacy Act, namely information or opinions about your health, political affiliations, sexual preferences, religious beliefs, racial or ethnic origin, criminal history or other such private information. A reference to Personal Information in this Privacy Policy includes Sensitive information except where otherwise indicated.
      2. We may collect information from you which is Sensitive Information, such as information or opinions about your health, fitness for duty or other such private information.
  3. How we collect Personal Information
    1. 3.1. Direct collection from you
      1. We will collect Personal Information and Non-Personal Information about you in a number of different ways. We may collect Personal Information and Non-Personal Information directly from you or in the course of our dealings with you. For example:
        1. in the case of Users, when you:
          1. download, access and use the iComply Platform (including when you open an account or create or update your account or user profile on, or, via, the iComply Platform); and
          2. upload, publish or submit driver and courier compliance information or data on, or via, the iComply Platform in response to a request by the Customer to do so;
        2. in the case of Customer, when you:
          1. download, access and use the iComply Platform and/or iDeliver Platform (including when you open an enterprise account or create or update your enterprise account on, or, via, the iComply Platform and/or iDeliver Platform);
          2. contact or correspond with us via email or telephone or when you submit our query through our website in relation to the iComply Platform, iDeliver Platform and our products and services.
        3. when you visit the website or submit information through the iComply Platform or our website (including on, or via, our related social media accounts), contact us, or complete any online forms or documents or when you enter or participate in competitions, promotions, events, sweepstakes, surveys and questionnaires; and
        4. when you otherwise contact, interact or communicate with us (such as by telephone, email or in person) with a query or request or make a comment on our social media sites or lodge a complaint; and
        5. when otherwise legally authorised or required to do so.
      2. When we collect Personal Information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection.
      3. By providing your Personal Information to us, you acknowledge that you are authorised to provide such information to us.
    2. 3.2 Collection from third parties
      1. We may also collect Personal Information and Non-Personal Information about you from publicly available sources and third parties, including:
        1. when you provide your Personal Information to our Authorised Affiliates or other third parties;
        2. in the case of Users, from Customers;
        3. if you use:
          1. our social media sites or applications, pages or plugins; or
          2. third party products or services that interact with iComply Platform, iDeliver Platform, our products, services or website.
        4. When iComply collects your Personal Information from third parties, we shall take reasonable steps to make sure you are aware of the collection.
        5. If you provide us with Personal Information about another individual (as their authorised representative), we rely on you to:
          1. inform them that you are providing their Personal Information to us; and
          2. advise them that they can contact us for further information.
        6. You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this Privacy Policy, including that their Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to access that information, and who we are and how to contact us.
        7. Upon our request, you must also assist us with any requests by the individual to access or update the Personal Information you have collected from them and provided to us.
      2. When we collect Personal Information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection.
      3. By providing your Personal Information to us, you acknowledge that you are authorised to provide such information to us.
  4. How we use your Personal Information
    1. 4.1. Purposes of use and disclosure
      1. iComply only use, process and disclose your Personal Information for the purposes for which it is collected.
      2. In particular, iComply use, process and disclose your Personal Information and Non-Personal Information to:
        1. provide or deliver the iComply Platform, our products, services or website to you, including, without limitation, to provide Users and Customers with the means to share driver and courier compliance information (such as health and safety information and vehicle roadworthiness information, payment information, drivers licence details, vehicle registration and work permit or visa entitlements information);
        2. assist the Customer to manage its compliance obligations with respect to its Users, including, but not limited to health and safety monitoring, road worthiness and drivers licence and permit compliance and visa and right to work compliance;
        3. investigate complaints raised by you about the iComply Platform;
        4. informing you about the iComply Platform, our website, products or services or about offers, competitions, promotions, events, sweepstakes, surveys, questionnaires about us, the iComply Platform, iDeliver Platform, the website Site or other matters which we believe are of interest to you (such as recruitment or job opportunities);
        5. manage, administer, improve, test, develop and upgrade the iComply Platform, our website and our products and services, informing you about scheduled maintenance or outages and managing our relationship with you;
        6. share with our Authorised Affiliates;
        7. verifying your identity;
        8. for internal record keeping;
        9. for direct marketing purposes (see below);
        10. complying with our legal and regulatory obligations;
        11. for any purpose to which you have consented; and
        12. for any other purpose notified to you at the time of collection.
      3. In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, without your consent or notice to you.
    2. 4.2. Disclosure to Authorised Affiliates
      1. In order to provide or deliver the iComply Platform, our website, products or services to you, we may disclose your Personal Information and Non-Personal Information to:
        1. our related bodies corporate (such as iConcept Pty Ltd and OnDeck Resources Pty Ltd), business partners, service providers, third party contractors, agents or suppliers;
        2. authorised external service providers who perform functions on our behalf, such internet and technology services providers, app and website software developers, hosting companies, marketing, advertising and security service providers, fulfilment companies, credit reporting agents, debt collection agents, market research and recruitment service providers; and
        3. external business advisors, such as auditors, lawyers, insurers and financiers,

        (collectively, Authorised Affiliates).

      2. In the case of Users, we may share your Personal Information with the Customer for the purposes outlined in section 4.1 above.
      3. We may also disclose your Personal Information and Non-Personal Information:
        1. to any other party with your consent and direction;
        2. to law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law; or
        3. where we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.
      4. When we disclose your Personal Information or Non-Personal Information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. These Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.
      5. Our Authorised Affiliates may also provide us with Personal Information and Non-Personal Information collected from you. If you disclose Personal Information to an Authorised Affiliates, we rely on you to provide the Authorised Affiliates with consent for us to collect, storage, use, process, alter and disclose your Personal
    3. 4.3. Overseas disclosure
      1. All of our Authorised Affiliates are located in Australia and we do not disclosure your Personal Information to overseas recipients in the course of providing you with access to the iComply Platform, our products or services.
      2. If we subsequently decide to disclose your Personal Information to an overseas recipient, we will take such steps as reasonable in the circumstances to ensure that the overseas recipient treats your Personal Information securely and otherwise complies with the relevant Australian Privacy Principles.
    4. 4.4. Disclaimer
      1. iComply will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your written consent, unless:
        1. we are otherwise required by the relevant Privacy Laws;
        2. we are permitted to under this Privacy Policy; or
        3. such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the iComply Platform or website.
      2. This Privacy Policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.
  5. Notifiable Data Breaches Scheme
    1. In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach scheme contained in Part IIIC of the Privacy Act.
  6. Marketing communications
    1. 6.1. Direct marketing
      1. iComply may use and disclose your Personal Information to send you information about the iComply Platform, iDeliver Platform, our website or information about the products or services we may offer from time to time, as well as other information that may be of interest to you.
      2. These communications may continue, even after you stop using the iComply Platform and/or iDeliver Platform.
    2. 6.2. Communication channels
      1. iComply may send this information to you via the communication channels specified at the time you provide your consent.
      2. These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying notices on the iComply Platform.
    3. 6.3. Opting-out
        You can opt out of receiving these communications by:

      1. contacting us using the details below; or
      2. using the unsubscribe function in the email or SMS.
  7. Storage and security
    1. 7.1. Protecting your Personal Information
      1. We take reasonable steps in the circumstances to keep your Personal Information and Non-Personal Information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your Personal Information and Non-Personal Information.
      2. Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information and Non-Personal Information.
      3. Wherever possible, we procure that Authorised Affiliates who have access to your Personal Information and Non-Personal Information take reasonable steps to:
        1. protect and maintain the security of your Personal Information and Non-Personal Information; and
        2. comply with the Australian Privacy Principles when accessing and using your Personal Information.
    2. 7.2. No guarantee
      1. The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information and Non-Personal Information, we cannot guarantee the security of any Personal Information and Non-Personal Information transmitted through the iComply Platform or website.
      2. You provide your Personal Information and Non-Personal Information to us at your own risk and we are not responsible for any unauthorised access to, and disclosure of, your Personal Information and Non-Personal Information
    3. 7.3. Destruction of Personal Information
      1. We will destroy or de-identify Personal Information in circumstances where it is no longer required, unless we are required or authorised by law to retain the information.
  8. Accessing and correcting your Personal Information
    1. iComply shall use our reasonable endeavours to keep your Personal Information accurate, up-to-date and complete. You have the right to access any Personal Information we hold about you, subject to some exceptions under the Privacy Act.
    2. You can access, or request that we correct, your Personal Information by writing to us using the details below. iComply may require proof of identity. If we do not allow you to access any part of your Personal Information, we will tell you why in writing.
    3. We will not charge you for requesting access to your Personal Information but may charge you for our reasonable costs in supplying you with access to this information.
    4. We will endeavour to respond to your request for access or correction within 30 days from your request.
  9. Cookies
    1. iComply use small text files placed on your computer called ‘cookies’ to collect standard log and visitor behaviour information in an anonymous form. We use this information to analyse how visitors use our website and iComply Platform and to compile statistical reports on website activity. You can set your computer to reject cookies, but this may affect your ability to use certain parts of our website and the iComply Platform.
    2. iComply may also log your IP address. Your IP address is your computer’s electronic Internet address. We may collect your IP address to see trends, run the website, track user movements, and gather broad demographic information.
  10. Privacy complaints
    1. If you have any issues about this Privacy Policy or the way iComply handle your Personal Information, please contact us using the details below and provide full details of your complaint and any supporting documentation.
    2. At all times, privacy complaints:
      1. will be treated seriously;
      2. will be dealt with promptly;
      3. will be dealt with in a confidential manner; and
      4. will not affect your existing obligations or your commercial arrangements with us.
    3. Our Privacy Officer will endeavour to:
      1. respond to you within 10 business days; and
      2. investigate and attempt to resolve your concerns within 30 business days or any longer period necessary and notified to you by our Privacy Officer.
    4. If you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner – https://www.oaic.gov.au/.
  11. How to contact us
    1. iComply can be contacted by email at info@icomplyaustralia.com.au
  12. Changes to this Privacy Policy
    1. From time to time, it may be necessary for us to review and revise our Privacy Policy. We may notify you about changes to this Privacy Policy by posting an updated version on our website or on the iComply Platform.
    2. We encourage you to check our website or the iComply Platform from time to time to ensure you are familiar with our latest Privacy Policy.