This Privacy Policy describes how Skwill Pty. Ltd. And its affiliated companies (collectively, “Skwill”, “we”, “our” or “us”) collects, stores, uses and discloses the following categories of

1. Personal data:

(a)   Customer Data: personal data (as defined below) that we collect, process and manage on behalf of our business customers (“Customers”), as part of the Skwill Diagnostics, Skwill Coaching platform related products and services (“Platform”).

(b)   We process such Customer Data on behalf of and under the instruction of the respective Customer, in accordance with our Data Processing Addendum with them. Accordingly, this Privacy Policy (which describes Skwill’s privacy and data processing practices) does not apply to such processing done on its Customers’ behalf. To learn about the privacy policy and practices of our Customer, please contact them directly.

(c)   User Data: personal data concerning our Customers’ internal focal persons who directly engage with Skwill concerning their organizational account, and users of the Platform on behalf of such Customers, e.g., the account administrators and users, billing contacts and authorized signatories on behalf of the Customer (collectively, “Users”); as well as the Customer’s business needs and preferences, as identified to us or recognized through our engagement with them.

(d)   Prospect Data: data relating to visitors of our website (www.skwill.ai), participants at our events, and any other prospective customer, user or partner (collectively, “Prospects”) who visits or otherwise interacts with our website, online ads and content, emails, integrations or communications under our control (the “Sites”, and collectively with the Platform, the “Services”).

(e)   If you are a Customer, User or Prospect, please read this Privacy Policy carefully and make sure that you fully understand it.

(f)   Our Services are designed for businesses and are not intended for personal or household use. Accordingly, we treat all personal data covered by this Privacy Policy, including information about any visitors to our Sites, as pertaining to individuals acting as business representatives, rather than in their personal capacity.

(g)   You are not legally required to provide us with any personal data. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (as defined below), please do not provide it to us and avoid any interaction with us or with our Sites or use our Services.

2. We respect your privacy

(a)    Skwill Pty. Ltd. respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.

(b)   We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).

(c)  Personal information  is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.

(d)   You may contact us in writing at Level 6 11 York Street, Sydney, New South Wales, 2000 for further information about this Privacy Policy.

3. What personal information is collected

(a)   Skwill Pty. Ltd. will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.

(b)   You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.

(c)   We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

(d)   Additionally, we may also collect any other information you provide while interacting with us.

(e)   We may collect or generate the following types of personal data about individuals through the Services:

1. Usage, login credentials, and device information concerning Users and Prospects (connectivity, technical and aggregated usage data, such as user agent, IP addresses and approximate location based upon such IP addresses, device data (like type, OS, device id, browser version, locale and language settings used), activity logs, session recordings, log-in credentials to the Services, the cookies and pixels installed or utilized on their device, and inferred or presumed data on generated from their use of the Services);
2. Information concerning our Customers, Users and Prospects (contact and business details such as name, email, phone number, position, workplace and related business insights, our communications with such individuals (correspondences, sensory information including call and video recordings, and transcriptions and analyses thereof), feedback and testimonials received, contractual and billing details, as well as any expressed, presumed or identified needs, preferences, attributes and insights relevant to our potential or existing engagement).
3. Personal data contained in Customer Data which is provided by our Customers or processed on their behalf and under their instruction, which may also include any of the types of personal data described above (with respect to Users or other individuals whose data is contained in the Customer Data), in accordance with our Data Processing Addendum with them.

4. How we collect your personal information

(a)   Skwill Pty. Ltd. collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

(b)   By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

5. How we use your personal information

(a)   Skwill Pty. Ltd. may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.

(b)   Skwill Pty. Ltd. will use personal information only for the purposes that you consent to. This may include to:

1. provide you with products and services during the usual course of our business activities;
2. administer our business activities;
3. manage, research and develop our products and services;
4. provide you with information about our products and services;
5. communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
6. investigate any complaints.

If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.

(c)   We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.

(d)   If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

6. Disclosure of your personal information

(a)   Skwill Pty. Ltd. may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.

(b)   If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.

7. General Data Protection Regulation (GDPR) for the European Union (EU)

(a)   Skwill Pty. Ltd. will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.

(b)   We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR, and our Service Providers who process such Customer Data on our behalf are the “sub-processors” of such data.

(c)   We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.

(d)   We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.

(e)   We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.

(f)   We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.

(g)   We do not collect or process any personal information from you that is considered “Sensitive Personal Information” under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.

(h)   You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.

(i)   Skwill is both a “data controller” and “data processor” of User Data. Such data is processed by Skwill for its own purposes (as described in Section 2 above), as an independent ‘controller’; whilst those certain portions of it which are included in Customer Data will be processed by us on our Customer’s behalf, as a ‘processor’.

(j)   Accordingly, Skwill processes Customer Data strictly in accordance with our Customer’s reasonable instructions and as further stipulated in our data processing addendum and other commercial agreements with such Customer.

(k)   Our Customers are solely responsible for determining whether and how they wish to use our Services, and for ensuring that all individuals using the Services on the Customer’s behalf or at their request, as well as all individuals whose personal data may be included in Customer Data processed through the Services, have been provided with adequate notice and given informed consent to the processing of their personal data, where such consent is necessary or advised, and that all legal requirements applicable to the collection, recording, use or other processing of data through our Services are fully met by the Customer, including specifically in the context of an employment relationship. Our Customers are also responsible for handling data subject rights requests under applicable law, by their Users and other individuals whose data they process through the Services.

8. Data Retention

(a)   We retain personal data for as long as we deem it as reasonably necessary in order to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy.

(b)   To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and the applicable legal requirements.

(c)   If you have any questions about our data retention policy, please contact us by e-mail at dpo@skwill.ai.

9. Data Disclosure

We disclose personal data in the following ways:

(a)   Service Providers: We may engage selected third party companies and individuals to perform services on our behalf or complementary to our own. Such service providers include hosting and server co-location services, communications and content delivery networks (CDNs), data security services, billing and payment processing services, fraud detection and prevention services, web and product analytics, e-mail distribution and monitoring services, session or activity recording services, remote access services, content transcription and analysis services, performance measurement, data optimization and marketing services, social and advertising networks, content and data enrichment providers, event production and hosting services, e-mail, voicemails, support, enablement and customer relation management systems, and our legal, financial and compliance advisors (collectively, “Service Providers“). Our Service Providers may have access to personal information, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use the data as determined in our agreements with them.

(b)   Partnerships: We engage selected business and channel partners, resellers, distributors and providers of professional services related to our Services, which allow us to explore and pursue growth opportunities by facilitating a stronger local presence and tailored experiences for our Customers, Users and Prospects. In such instances, we may share relevant contact, business and usage details with the respective partner, to allow them to engage with those entities and individuals for such purposes. If you directly engage with any of our partners, please note that any aspect of that engagement which is not directly related to the Services and directed by Skwill is beyond the scope of Skwill’s Terms and Conditions and Privacy Policy, and may therefore be covered by the partner’s terms and privacy policy.

(c)   Service Integrations: You may choose to use a third-party service to integrate with our Services, for example in order to upload or retrieve personal data to or from the Services, or to enrich the data you have processed on either service or enhance your usage thereof (provided that such integration is supported by our Services). The provider of this integrated third-party service may receive certain relevant data about or from your account on the Services, or share certain relevant data from your account on the third-party provider’s service with our Services, depending on the nature and purpose of such integration. This could include your Customer Data and/or User Data. Note that we do not receive or store your passwords for any of these third-party services (but do typically require your API key in order to integrate with them).

(d)   Event Sponsors: If you attend an event or webinar organized by us, or download or access an asset on our Sites related to such an event, webinar or other activity involving third party sponsors or presenters, we may share your personal data with them. If required by applicable law, you may consent to such sharing via the registration form or by allowing your attendee badge to be scanned at a sponsor booth. In these circumstances, your personal data will be subject to the sponsors’ privacy statements. If you do not wish for your personal data to be shared, you may choose to not opt-in via event/webinar registration or elect to not have your badge scanned, or you can opt-out in accordance with Section 9 below;

(e)   Business Customers: Our Customers have access to any personal data we process on their behalf in our capacity as a “processor” or a “service provider.”

(f)   Legal Compliance: We may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services.

(g)   Protecting Rights and Safety: We may share personal data with others if we believe in good faith that this will help protect the rights, property or personal safety of Skwill, any of our Users or Customers, or any members of the general public.

(h)   Skwill Subsidiaries and Affiliated Companies: We may share personal data internally within our group, for the purposes described in this Privacy Policy. In addition, should Skwill or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, personal data may be shared with or transferred to the parties involved in such an event. We may disclose personal data to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal data may also be disclosed in the event of insolvency, bankruptcy or receivership.

For the avoidance of doubt, Skwill may share personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal, non-identifiable and anonymous. We may transfer, share or otherwise use non-personal and non-identifiable data at our sole discretion and without the need for further approval.

10. Data Security

We implement systems, applications and procedures designed to secure your personal data, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. However, we cannot guarantee that our Sites or Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. To learn more, please visit www.skwill.ai/security.

11. Communications

We engage in service and promotional communications, through e-mail, phone, SMS and notifications.

(a)   Service Communications: We may contact you with important information regarding our Services. For example, we may send you notifications (through any of the means available to us) of changes or updates to our Services, billing issues, log-in attempts or password reset notices, etc. If you are registered as a User to our Services, you can typically control your communications and notifications settings from your profile settings, or otherwise in accordance with the instructions included in the communications sent to you. Please note that you will not be able to opt out of receiving certain service communications which are integral to your use (like password resets or billing notices).

(b)   Promotional Communications: We may also notify you about new features, additional offerings, events, special opportunities or any other information we think you will find valuable, as our Customer, User or Prospect. We may provide such notices through any of the contact means available to us (e.g., phone, mobile or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.

(c)   If you do not wish to receive such promotional communications, you may notify Skwill at any time by sending an e-mail to: dpo@skwill.ai, changing your communications preferences in your profile settings whilst being logged as a User to our Services, or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.

12. Your rights under the GDPR

(a)   If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Skwill Pty. Ltd. complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU

(b)   Except as otherwise provided in the GDPR, you have the following rights:

1. to be informed how your personal information is being used;
2. access your personal information (we will provide you with a free copy of it);
3. to correct your personal information if it is inaccurate or incomplete;
4. to delete your personal information (also known as “the right to be forgotten”);
5. to restrict processing of your personal information;
6. to retain and reuse your personal information for your own purposes;
7. to object to your personal information being used; and
8. to object against automated decision making and profiling.

(c)   Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.

(d)   We may ask you to verify your identity before acting on any of your requests. Please note that when you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of data that you request to access. Such additional data will be then retained by us for legal purposes (e.g., as proof of the identity of the person submitting the request).

(e)   We may redact from the data which we will make available to you, any personal data related to others.

13. Hosting and International Data Transfers

(a)   Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to United States of America and Australia.

(b)   We and our other group companies have offices and/or facilities in United States of America and Australia. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Skwill Pty. Ltd.’s Data Protection Officer.

(c)   The hosting facilities for our website are situated in United States of America and Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Skwill Pty. Ltd.’s Data Protection Officer.

(d)   Our Suppliers and Contractors are situated in United States of America, India, and Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Skwill Pty. Ltd.’s Data Protection Officer.

(e)   You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

14. Security of your personal information

(a)   Skwill Pty. Ltd. is committed to ensuring that the information you provide to us is secure. To prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorized access, modification and disclosure.

(b)   Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorized use, loss, and theft.

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

15. Access to your personal information

(a)   You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant, or misleading, please email us at dpo@skwill.ai

(b)   We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.

16. Complaints about privacy

(a)   If you have any complaints about our privacy practices, please feel free to send in details of your complaints to dpo@skwill.ai. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

17. Changes to Privacy Policy

(a)   Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

18. Website

(a)   When you visit our website (www.skwill.ai, app.skwill.ai), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

(b)   Cookies: We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.

(c)   Third party sites: Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Skwill Pty. Ltd. is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

19. Additional Notices & Contact Details

(a)   Children: Our Services are not designed to attract children under the age of 16. We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us about such child. If you believe that we might have any such data, please contact us by e-mail at dpo@skwill.ai.

(b)   Data Protection Officer: Skwill has appointed Mr. Anoop George as our Data Protection Officer (DPO), for monitoring and advising on Skwill’s ongoing privacy compliance and serving as a point of contact on privacy matters for data subjects and supervisory authorities. If you have any comments or questions regarding our Privacy Policy, if you have any concerns regarding your Privacy, or if you wish to make a complaint about how your personal data is being processed by Skwill, you can contact our DPO at dpo@skwill.io.

(c)   EU and UK Representative: Mr. Anoop George has been designated as Skwill’s representative in the European Union and the United Kingdom for data protection matters pursuant to Article 27 of the EU GDPR and the UK GDPR. Inquiries regarding our EU & UK privacy practices may be sent by e-mail to dpo@skwill.ai.

(d)   Contacting Us: If you have any comments or questions regarding our Privacy Policy, or if you have any concerns regarding your personal data held with us, please contact Skwill’s support at support@skwill.ai or our Data Protection Officer at dpo@skwill.ai.