MESH ASSIST APP PRIVACY STATEMENT
This policy relates to the Mesh Assist Pty Ltd (‘Mesh’, ‘Company,’ ‘we,’ ‘us,’ or ‘our’) the application (‘Simpatico App’) which provides an employee conversational wellness platform that helps employers support the mental health of their workforce. Further information about the Simpatico App is contained here https://meshassist.ai/ .
Importantly, by registering as a user of the Simpatico App, you acknowledge and agree that we may collect, hold and share (‘process’) sensitive information about you, including information about your mental health, when you use our services (‘Services’), such as when you:
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at privacy@meshassist.com.au.
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can find out more details about any of these topics by clicking the link following each key point or by using our table of contents below to find the section you are looking for.
What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with Us and the Services, the choices you make, and the products and features you use; Learn more about personal information you disclose to us.
Do we process any sensitive personal information? Except as otherwise permitted by law, we only collect sensitive information about you if you consent to the collection of such information and if the information is reasonably necessary for the performance of our functions, as described below. Learn more about sensitive information we process.
Do we receive any information from third parties? We do not receive any information from third parties.
How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. Learn more about how we process your information.
In what situations and with which parties do we share personal information? We may share Information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information.
How do we keep your information safe? We have organisational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Learn more about how we keep your information safe.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.
How do you exercise your rights? The easiest way to exercise your rights is by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.
Want to learn more about what Mesh does with any information we collect? Review the privacy notice in full.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE PROCESS YOUR INFORMATION?
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION?
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
6. HOW LONG DO WE KEEP YOUR INFORMATION?
7. HOW DO WE KEEP YQUR INFORMATION SAFE?
8. DO WE COLLECT INFORMATION FRQM MINORS?
9. WHAT ARE YOUR PRIVACY RIGHTS?
10. CONTROLS FOR DO-NOT-TRACK FEATURES
11. DO AUSTRALIAN RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
13. DO WE MAKE UPDATES TO THIS NOTICE?
14. HOW CAN YOU CONTAT US ABOUT THIS NOTICE?
15. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
Summary: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
Personal information provided by you. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:
Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:
Application Data. If you use our application(s), we also may collect the following information if you choose to provide us with access or permission:
This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes.
All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
Information. automatically collected
Summary: Some information - such as your Internet Protocol (IP) address and/or browser and device characteristics - is collected automatically when you visit our Services.
We automatically collect certain information when you visit, use, or navigate the Services. This information does. not reveal· your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookie Policy: https://meshassist.ai/cookie-policy
The information we collect includes:
2. HOW DO WE PROCESS YOUR INFORMATION?
Summary: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?
Summary: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.
If you are located in the EU or UK, this section applies to you
The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:
If you are located in Australia or Canada, this section applies to you.
We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (ie: implied consent). You can withdraw your consent at any time.
In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:
4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
Summary: We may share information in specific situation described in this section and/or with the following third parties.
We may need to share your personal information in connection with, or during negotiations or, any merger, sale of company assets, financing, or acquisition or all or a portion of our business to another company.
5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
Summary: We may use cookies and other tracking technologies to collect and store your information.
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy: https://meshassist.ai/cookie-policy
6. HOW LONG DO WE KEEP YOUR INFORMATION?
Summary: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than thirty-six (36) months past the start of the idle period of the user’s account.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
Summary: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cyber-criminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
8. HOW DO WE KEEP YOUR INFORMATION SAFE?
Summary: We do not knowingly collect data from or market to children under 18 years of age.
The Services are not directed to individuals under 18. We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent's use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will de-activate the account and take reasonable measures to promptly delete such data from our records. If you become aware that a child has provided us with personal information, please contact us at privacy@meshassist.ai
9. WHAT ARE YOUR PRIVACY RIGHTS?
Summary: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), and Canada, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the EEA, UK, Australia and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information (ii) to request rectification or erasure (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below.
We will consider and act upon any request in accordance with applicable data protection laws.
If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State Data protection authority or UK data protection authority.
If you are located in Switzerland, you may contact the Federal Data Protection and. information Commissioner.
If you are located in Australia, you may contact the Office of the Australian Information Commissioner.
If you are based in a country other than one of those listed, you will need to contact the data protection authority that regulates privacy of your data.
Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have. the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section HOW CAN YOU CONTACT US ABOUT THIS NOTICE? below or updating your preferences.
However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can log in to your account settings and update your user account.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements. ·
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. You may also opt out of interest-based advertising by advertisers on our Services. For further information, please see our Cookie Policy https://meshassist.ai/cookie-policy
If you have questions or comments about your privacy rights, you may email us at privacy@meshassist.ai
10. CONTROLS FOR DO-NOT-TRACK FEATURES
Summary: Whilst there no current agreed standard for online tracking technology, we do not have a system that recognises and implements DNT signals.
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
11. DO AUSTRALIAN RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
Summary: Yes, if you are a resident of Australia, you are granted specific rights regarding access to your personal information.
Mesh is committed to protecting the personal information of Australian residents in accordance with the Australian Privacy Principles (APPs), as outlined in Schedule 1 of the Privacy Act 1988 (Cth) (Privacy Act). Under the APPs, Mesh is an APP entity and relies on this document as its compliant Privacy Policy under the APPs that contains information about:
The GDPR tends to use the terms “data protection”, “personal data”, “data controllers” and “data processors rather than the terms “privacy”, “personal information”, “APP entities” used in the Privacy Act. Notwithstanding the different terminology, Mesh observes the GDPR's Privacy Policy requirements as they are more extensive and require the further principle of “accountability”.
In addition, Mesh is required to collect and handle personal health information in accordance with the Health Privacy Principles (HPPs) contained in the Health Records Act 2001 (Vic).
The HPPs can be summarised as:
HPP 1 – Collection: Health information may only be collected if it is necessary for Mesh’s functions and if the individual has given consent. Some exceptions to consent exist. Health information must be collected lawfully, fairly, reasonably and preferably, directly from the individual.
HPP 2 - Use and Disclosure of Health Information: Mesh may only use or disclose health information about an individual for the primary purpose for which the information was collected or for a directly related and reasonably expected secondary purpose. Some exceptions exist.
HPP 3 - Data Quality: Mesh must take reasonable steps to ensure the health information held is accurate, complete, up-to-date and relevant to Mesh’s functions or activities.
HPP 4 - Data Security and Data Retention: Mesh must protect health information from unauthorised access, modification or disclosure. Health service providers must retain health information for the period of time set out in HPP 4.2. All other holders of health information must destroy or permanently de-identify health information if it is no longer needed.
HPP 5 – Openness: Mesh must ensure the privacy procedure is easily accessible so people know what information is held about them, why it's being held and how their information is collected, stored, used and disclosed. That is the purpose of this Privacy Policy.
HPP 6 - Access and Correction: Individuals have a right to access and correct any health information held about them. Mesh may, in some circumstances, refuse to provide access to health information or to correct it.
HPP 7 - Unique Identifiers: Mesh may only assign identifiers, such as patient identification numbers, to individuals if this step is reasonably necessary for Mesh to function efficiently.
HPP 8 – Anonymity: As far as it is lawful and practical, individuals should have the opportunity to maintain their anonymity.
HPP 9 - Transborder Data Flows: When health information travels outside Victoria, Mesh has a responsibility to ensure that the privacy of the information is safeguarded.
HPP 10 - Transfer or Closure of the Practice of a Health Service Provider: If a health service provider is sold, transferred or closed down, and the provider is no longer there, it must notify its current or former clients via a public notice. A notice in the practice and letters to current clients are also required. Statutory regulations apply.
HPP 11 - Making Information Available to Another Health Service Provider: Upon request from an individual, a health service provider must make information about that individual available to another health service provider.
12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
Summary: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
|
Category |
Examples |
Collected |
|
Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name |
Yes |
|
B. Personal information categories listed in the California Customer Records statute |
Name, contact information, education, employment, employment history, and financial information |
No |
|
C. Protected classification characteristics under California or federal law |
Gender and· date of birth |
No |
|
D. Commercial information |
Transaction information, purchase history, financial details, and payment information |
No |
|
E. Biometric information |
Fingerprints and voiceprints |
No |
|
F. Internet or other similar network activity |
Browsing history, search history, online behaviour, interest data, and interactions with our and other websites, applications, systems, · and advertisements |
No |
|
G. Geolocation data |
Device location |
No |
|
H. Audio, electronic, visual, thermal, olfactory, or similar information |
Images and audio, video or call recordings created in connection with our business activities |
No |
|
I. Professional or employment-related information |
Business contact details in order to provide you our Services at a business level or job title, work l1istory, and professional qualifications if you apply for a job with us |
Yes |
|
J. Education Information |
Student records and directory information |
No |
|
K. Inferences drawn from other personal information |
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual's preferences and characteristics |
Yes |
|
L. Sensitive Personal Information |
Account login information, health data and debit or credit card numbers |
Yes |
We will use and retain the collected personal information as needed to provide the Services or for:
Category I,K &L information may be used, or disclosed to a service provider or contractor, for additional, specified purposes. You have the right to limit the use or disclosure of your sensitive personal information.
We may also collect other personal information outside of these categories through instances where you interact with us in person, oil line, or by phone or mail in the context of:
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this privacy notice and our Cookie Notice: [insert link to Cookie Notice]
You may contact us by email at privacy@meshassist.ai, or by referring to the contact details at the bottom of this document.
If you are using an authorised agent to exercise your right to opt out we may deny a request if the authorised agent does not submit proof that they have been validly authorised to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf, following the same strict privacy protection obligations mandated by the CCPA.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.
Mesh has not disclosed, sold, or shared any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. Mesh will not sell or share personal information in the future belonging to website visitors, users, and other consumers.
Your rights with respect to your personal data
Right to request deletion of the data - Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or the right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
Right to be informed - Request to know
Depending on the circumstances, you have a right to know:
In accordance with applicable law, we are not obliged to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer's Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Right to Limit Use and Disclosure of Sensitive Personal Information
If the business collects any of the following:
you have the right to direct that business to limit its use of your sensitive personal information to that use which is necessary to perform the Services.
Once a business receives your request, they are no longer allowed to use or disclose your sensitive personal information for any other purpose unless your provide consent for the use or disclosure of sensitive personal information for additional purposes.
Please note that sensitive personal information that is collected or processed without the purpose of inferring characteristics about a consumer is not covered by this right, as well as the publicly available information.
To exercise your right to limit use and disclosure of sensitive personal information, please email privacy@meshassist.ai
Verification process
Upon receiving your request, we will need to verify your identity to determine whether you are the same person that we have information in our system about. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided to us. As an example, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through another communication method (eg: phone or email) that you have previously provided to us. We may also use another verification method as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
To exercise these rights, you can contact us by email at privacy@meshassist.ai or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your date, we would like to hear from you.
13. DO WE MAKE UPDATES TO THIS NOTICE?
Summary: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed or how we are protecting your information.
14. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have any questions or comments about this notice, you may contact our Data Protection Officer (DPO), Gary Taylor, by email at privacy@meshassist.ai or contact us by post at
Mesh Assist Pty Ltd
PO Box 5222
Burnley, Victoria 3121
Australia
15. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
You have the right to request access to the personal information we collect form you, change that information if it is incorrect, or delete it. You can request to review, update, or delete your personal information by contacting privacy@meshassist.ai