Hearsay Privacy Policy

Introduction

We are Hearsay Platform Pty Ltd (ACN 633 830 774) (Hearsay, we, us, our). This Hearsay Privacy Policy (Privacy Policy) is provided to ensure you understand your rights and obligations when you access and use the platform through the website https://app.hearsay.io/, the Hearsay application and its sub-domains (the Platform).

Our Platform facilitates meaningful conversations between Clients and Interviewing Participants to help unpack insights that businesses and their brands can use to improve their customers experience (Projects).

The term ‘Interviewing Participant’ where used in this Privacy Policy means the customer, the employee or interviewee.

The term ‘Clients’ where used in this Privacy Policy means the client, interviewer or project team that has engaged Hearsay to facilitate the Project.

Hearsay respects the rights and privacy of all individuals and is committed to complying with the Privacy Act 1988 (Cth) (the Act), the Australian Privacy Principles, and the General Data Protection Regulations (GDPR) for users in the European Economic Area (EEA).

Hearsay adheres to The Australian Research Society’s Code of Professional Behaviour.

This Privacy Policy sets out:

  • what is personal information;
  • what personal information Hearsay collects and holds;
  • what happens if we can’t collect your personal information;
  • how any why does Hearsay collect and use personal information;
  • how does Hearsay disclose your personal information;
  • will your personal information be disclosed overseas outside Australia;
  • how we use direct marketing;
  • how Hearsay will make sure your personal information is secure
  • how Hearsay collects Usage Data and Cookies
  • how Can You Complain About Privacy Breaches
  • how to contact us about your personal information.

We may, from time to time, review and update this Privacy Policy, including taking account of new or amended laws, new technology and/or changes to our operations. All personal information that we hold will be governed by the most recently updated Privacy Policy. We will give you notice about any revised Privacy Policy by updating it on our Platform.

What is Personal Information?

In this Privacy Policy, “personal information” has the meaning given to it in section 6 of the Act (Personal Information). In general terms, Personal Information is any information or combination of information that can be used to personally identify you.

Personal Information may include your name, age, gender, location, postcode and contact details (including phone numbers and email addresses). It may include video or audio recordings of your voice or image, financial information, including your credit card information. If the information we collect personally identifies you, or you are reasonably identifiable from it, then information will be considered Personal Information.

What Personal Information does Hearsay collect and hold?

We collect the Personal Information that is required to enable us to provide Clients and Interviewing Participants with access and use of the Platform to facilitate Projects.

This may include Personal Information such as:

  • names
  • location
  • email address
  • telephone number
  • age or birth date
  • occupation
  • voice audio recordings
  • video image recordings
  • transcription of audio recordings
  • any personally identifiable information that is disclosed throughout the Project or on to the Platform directly or indirectly.

What Happens if we Can’t Collect your Personal Information?

We may not be able to run Projects on our Platform or use or access the Platform effectively if you choose not to provide us with Personal Information.

Please let us know if you do not want to provide us with Personal Information described in this Privacy Policy and we will see if we can accommodate this.

How and why does Hearsay collect and use Personal Information?

The primary purpose for collecting your Personal Information is to enable us to perform and deliver our business activities and functions.

We generally collect Personal Information so we can provide you with access to the Platform, facilitate a customer conversation, run a Project, engage suitable Interviewing Participants, comply with our contractual and other legal obligations, or administer our relationship with you by responding to your enquiries and provding you with information.

We collect your Personal Information directly unless it is unreasonable or impractical to do so. We do this in ways including:

  • when you are confirmed as an Interviewing Participant for a Project
  • when a Hearsay account is created for you through our Platform
  • when you access and use our Platform
  • throughout a customer conversation for a Project
  • during conversations between you and us by phone, email or through the Platform
  • by someone else who has provided us with your information with your permission, such as a third-party service provider.

We may collect Personal Information from third parties including third party companies, such as recruitment agencies that recruit Interviewing Participants on our behalf, law enforcement agencies or other government entities.

Hearsay collects your video image and voice audio recording when conducting the customer conversations between the Client and the Interviewing Participant for the Project. The audio recording is transcribed into writing. Hearsay informs and gets the consent of both the Client and Interviewing Participant that they will be audio or video recorded. If you do not want to have the customer conversation recorded by video or audio, you need to tell Hearsay immediately as Hearsay may not be able to conduct the Project.

The reason that Hearsay records the Projects is so that it can extrapolate insights from the Projects for market research for the Clients and deliver the Project. Clients are able to access the audio, video and transcribed recordings of the customer conversation at any time.

We may use your Personal Information for those purposes of developing, maintaining or updating the Platform, or in any other way if we ask for your consent first.

Hearsay does not trade in Personal Information.

How does Hearsay disclose your Personal Information?

We may disclose your Personal Information to:

  • our employees, contractors, licensees or external service providers for the operation of our Platform or our business, including without limitation IT systems administrators or payment processors;
  • specific third parties that you authorise to receive your Personal Information;
  • the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator. For example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary; or
    as required or permitted by any law (including the Act or the GDPR).

We may provide your Personal Information to external third-party service providers that we engage to perform functions on our behalf. This includes external third party:

  • transcription services;
  • audio recording services;
  • video recording services;
  • database hosts;
  • data storage and management facilities;
  • IT services;
  • payment processors; and
  • any external third party you authorise to receive your Personal Information.

We make no representations or warranties in relation to the privacy practices of any external third party service providers and we are not responsible for the privacy policies or the content of any external third party service provider.

Your Personal Information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.

Will Your Personal Information be Disclosed Overseas outside of Australia?
If we are required to disclose personal information to other overseas persons or entities, we will take reasonable steps to ensure that the overseas recipients of your Personal Information do not breach the privacy obligations relating to your Personal Information.

We use some of the following external third party service providers that may receive your Personal Information that are located outside of Australia:

  • Amazon Web Services (AWS) – USA – privacy policy located at https://aws.amazon.com/compliance/data-privacy-faq/
  • REV – USA – privacy policy located at https://www.rev.com/about/privacy
  • Twilio – USA – privacy policy located at https://www.twilio.com/legal/privacy

We will not transfer your Personal Information to an external third-party service provider or a country unless we believe they have reasonable and adequate controls in place including the security of your Personal Information. If you don’t agree with your Personal Information being transferred to countries such as the USA, you may be unable to use the Platform.

Direct Marketing Materials

We may use your Personal Information to contact you with updates that may be of interest to you, news or promotional materials. You can opt out of receiving these communications from us at any time by clicking the “unsubscribe” link in the email.

These communications may be sent by email in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth).

How Can You Access and Correct Your Personal Information?

You may request access to any Personal Information we hold about you at any time by contacting us at lizzie@hearsay.io. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge you for making a request and will not charge you for making any corrections to your Personal Information.

If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the Personal Information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

If you believe that the Personal Information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the Personal Information stating that you disagree with it.

How will Hearsay make sure your Personal Information is secure?

We will take all reasonable steps to protect the Personal Information that we hold from misuse, loss, or unauthorised access including by means of firewalls, password access, secure servers and SSL transmission.

If you suspect any misuse or loss of, or unauthorised access to, your Personal Information, please let us know immediately.

If we suspect any misuse or loss of, or unauthorised access to, your Personal Information we may inform you of that suspicion and take immediate steps to limit any further access to, or distribution of, your Personal Information. If we determine that the breach is likely to result in serious harm to you and we are unable to prevent the likely risk of serious harm with remedial action, we will take action in accordance with the Act.

If we receive unsolicited Personal Information that we are not permitted to collect under this Privacy Policy, or within the confines of the law, we will destroy or de-identify the unsolicited Personal Information as soon as practicable if it is lawful and reasonable to do so.

We will destroy or attempt to de-identify your Personal Information if we no longer require it to deliver our services as soon as practicable if it is lawful and reasonable to do so.

How Hearsay collects Usage Data and Cookies?

When you use our Platform, we may encode or anonymise information or aggregated data we collect about a group or category of services, features or Clients (Usage Data). This Usage Data does not contain Personal Information.

Usage Data helps us to solve our Clients’ business issues by analysing the Projects.

Hearsay or our external service providers may obtain information using technologies such as cookies, tags, web beacons, and navigational data collection (log files, server logs, and clickstream data) to better understand your user experience. For example, Hearsay or our service providers may collect information like the date, time and duration of visits and which webpages are accessed.

We may also log IP addresses to analyse trends, administer the website, track user movements, and gather broad demographic information.

This information is generally not linked to your identity. We may also collect anonymous data (which is not Personal Information) relating to your activity on our Platform (including IP addresses) via cookies. We generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our Platform.

Information for Users that are residents in the European Economic Area (EEA)
In addition to the clauses in this Privacy Policy, if you are a resident of the European Economic Area, this clause 12 applies to your Personal Data.

In this clause, the Personal Information Hearsay may collect as outlined in clause 3.2 above is referred to as personal data and takes the meaning of personal data under Article 4 of the GDPR (Personal Data).

In this clause the terms data subject, processing, controller and processor take the meaning under Article 4 of the GDPR.

Hearsay is the controller of any Personal Data that you directly provide to us. Hearsay is the processor of any Personal Data that it receives from a party that is not the data subject, for example an external service provider.

Hearsay will only process your Personal Data in accordance with this Privacy Policy for the following reasons:

  • where you have consent to our collection and use of your Personal Data (you can withdraw this consent at any time); and/or
  • where we are required to collect and use your Personal Data to provide you with access to the Platform or to facilitate a Project, or to provide you with other services that we have contractually agreed to provide you; and/or
  • where it is necessary for our legitimate interest for the purpose set out in this Privacy Policy; and/ or
  • to comply with the law.

Your Personal Data will be transferred outside of the EEA when using the Platform. We use appropriate safeguards by entering into the required agreements using the standard clauses to protect any Personal Data being transferred. If you do not consent to your Personal Data being transferred outside of the EEA, you are unable to use our Platform.

You have additional rights about your Personal Data including:

  • the right to be informed – you have the right to be clear about what Personal Data is processed, who processes it and why.
  • the right to access – you have the right to request copies of any of your Personal Data that Hearsay has collected. You can request this using the privacy tools provided in your profile.
  • the right to rectification – you have the right to request that Hearsay correct any information you believe is inaccurate. You also have the right to request that Hearsay complete information that you believe is incomplete.
  • the right to erasure – you have the right to request that Hearsay erases your Personal Data. You can request deletion of your Personal Data, sometimes this may not be possible yet Hearsay will take reasonable steps to erase your Personal Data.
  • the right to restrict processing – you have the right to object to Hearsay’s processing of your Personal Data.
  • the right to data portability – you have the right to request that Hearsay transfer the Personal Sata we have collected to another organisation or directly to you.

How Can You Complain About Privacy Breaches?

If you believe we have breached your privacy, or you have any questions or concerns about our Privacy Policy please, contact us using the email lizzie@hearsay.io and provide details of the incident so that we can investigate it.

We are genuinely committed to the rules, ethos and intent detailed in this Privacy Policy and we aim to ensure that your requests or complaints are treated confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

If you are not satisfied with the outcome of our investigation, then you may request that an independent authority investigate your complaint.

Social Media Marketing

Accepting our privacy policy allows our Marketing Representatives to contact you directly or indirectly on the professional network Social Media platform Linkedin. This could be acceptance of the privacy policy via the Linkedin Platform Marketing Lead campaign.

Contact us About Your Personal Information?

To contact Hearsay about your Personal Information, this Privacy Policy or concerns or complaints, please contact us by:

email at lizzie@hearsay.io