Privacy Policy

1. Introduction

ENCODE DIGITAL SOFTWARE SOLUTIONS PTY LTD (ACN 690 774 719) ("we", "us", "our", or "Encode Digital") is committed to protecting your privacy and personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website encodedigital.com.au or use our services.

This Privacy Policy complies with the Australian Privacy Act 1988 (Cth), including the Australian Privacy Principles (APPs), and considers the requirements of the General Data Protection Regulation (GDPR) for any individuals in the European Union.

2. Information We Collect

2.1 Personal Information

We may collect the following personal information from you:

• Contact Information: Name, email address, phone number, company name, and job title
• Business Information: Company details, project requirements, budget information, and timeline preferences
• Communication Records: Records of your correspondence with us, including emails, contact form submissions, and meeting notes
• Account Information: If you create an account, username, password, and account preferences
• Payment Information: Billing address, payment method details (processed securely through third party payment processors)
• Technical Information: IP address, browser type, device information, operating system, and access times

2.2 Non-Personal Information

We also collect non-personal information including:

• Website usage data and analytics
• Aggregated demographic information
• Cookies and similar tracking technologies (see our Cookie Policy)
• Referral sources and navigation paths

2.3 How We Collect Information

We collect information through:

• Direct interactions (contact forms, email, phone calls, meetings)
• Automated technologies (cookies, web beacons, analytics)
• Third party sources (business networking platforms, referrals)
• Public sources (company websites, professional directories)

3. How We Use Your Information

3.1 Primary Purposes

We use your personal information for the following purposes:

• Service Delivery: To provide, maintain, and improve our software development and consulting services
• Communication: To respond to inquiries, provide quotes, and communicate about projects
• Contract Performance: To fulfill our contractual obligations and manage client relationships
• Project Management: To plan, execute, and deliver software development projects
• Payment Processing: To process payments and manage billing
• Customer Support: To provide technical support and address issues
• Marketing: To send relevant information about our services (with your consent)
• Analytics: To understand how our website and services are used and improve them
• Legal Compliance: To comply with legal obligations and protect our rights

3.2 Legal Basis for Processing (GDPR)

For individuals in the European Union, our legal basis for processing includes:

• Contract Performance: Processing necessary to fulfill our service agreements
• Legitimate Interests: Processing for business development, improving services, and fraud prevention
• Consent: Where you have provided explicit consent for specific processing activities
• Legal Obligation: Where processing is required by law

4. Information Sharing and Disclosure

4.1 When We Share Information

We may share your personal information with:

• Service Providers: Cloud hosting providers, payment processors, email services, analytics providers, and other vendors who assist in our operations
• Professional Advisors: Lawyers, accountants, and other professional consultants
• Subcontractors: Third party developers or specialists engaged for specific project requirements (with confidentiality agreements)
• Business Partners: When you engage with us through a referral partner or reseller
• Legal Requirements: When required by law, court order, or to protect our legal rights
• Business Transfers: In connection with a merger, acquisition, or sale of assets

4.2 Third Party Service Providers

We work with trusted third party service providers including:

• Cloud hosting and storage providers (AWS, Azure, etc.)
• Email communication services (Resend, etc.)
• Analytics services (Google Analytics, etc.)
• Payment processors (Stripe, PayPal, etc.)
• Customer relationship management systems

All third party providers are required to maintain appropriate security measures and use your information only for the purposes we specify.

4.3 International Data Transfers

Your information may be transferred to and stored in countries outside Australia, including the United States and European Union, where our service providers operate. We ensure appropriate safeguards are in place for such transfers.

5. Data Security

5.1 Security Measures

We implement appropriate technical and organisational security measures to protect your personal information, including:

• Encryption of data in transit and at rest
• Secure authentication and access controls
• Regular security assessments and updates
• Employee training on data protection
• Incident response procedures
• Regular backups and disaster recovery plans

5.2 Data Breach Notification

In the event of a data breach that is likely to result in serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as required by law.

6. Data Retention

We retain your personal information for as long as necessary to:

• Provide our services and support
• Comply with legal and regulatory obligations
• Resolve disputes and enforce our agreements
• Maintain business records for tax and accounting purposes

Typically, we retain:

• Client project data for the duration of the project plus 7 years
• Financial records for 7 years as required by Australian tax law
• Marketing data until you unsubscribe or request deletion
• Website analytics data for 26 months

After the retention period, we securely delete or anonymise your personal information.

7. Your Privacy Rights

7.1 Australian Privacy Rights

Under Australian privacy law, you have the right to:

• Access: Request access to your personal information we hold
• Correction: Request correction of inaccurate or incomplete information
• Complaints: Lodge a complaint about our handling of your personal information

7.2 Additional Rights (GDPR)

If you are in the European Union, you also have the right to:

• Erasure: Request deletion of your personal information (right to be forgotten)
• Data Portability: Receive your personal information in a structured, machine-readable format
• Restriction: Request restriction of processing in certain circumstances
• Objection: Object to processing based on legitimate interests
• Withdraw Consent: Withdraw consent for processing where consent was the legal basis

7.3 Exercising Your Rights

To exercise any of these rights, please contact us at info@encodedigital.com.au. We will respond to your request within 30 days. We may need to verify your identity before processing your request.

8. Marketing Communications

8.1 Opt In and Opt Out

We will only send you marketing communications if you have provided consent or where we have a legitimate interest and you have not opted out.

You can opt out of marketing communications at any time by:

• Clicking the unsubscribe link in any marketing email
• Contacting us at info@encodedigital.com.au
• Updating your account preferences (if you have an account)

Please note that even if you opt out of marketing communications, we may still send you service-related communications.

9. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to improve your experience on our website. For detailed information about our use of cookies, please see our Cookie Policy.

10. Children's Privacy

Our services are not directed to individuals under the age of 18. We do not knowingly collect personal information from children. If we become aware that we have collected personal information from a child without parental consent, we will take steps to delete that information.

11. Third Party Links

Our website may contain links to third party websites. We are not responsible for the privacy practices of these websites. We encourage you to read the privacy policies of any third party websites you visit.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of material changes by:

• Posting the updated policy on our website with a new "Last Updated" date
• Sending an email notification to registered users
• Displaying a prominent notice on our website

Your continued use of our services after changes become effective constitutes acceptance of the updated Privacy Policy.

13. Complaints and Disputes

13.1 Internal Complaints

If you have a complaint about how we handle your personal information, please contact us at info@encodedigital.com.au. We will:

• Acknowledge your complaint within 7 days
• Investigate the matter thoroughly
• Provide a written response within 30 days
• Take corrective action if necessary

13.2 External Complaints

If you are not satisfied with our response, you can lodge a complaint with:

• Australia: Office of the Australian Information Commissioner (OAIC) - www.oaic.gov.au
• European Union: Your local Data Protection Authority

14. Contact Information

If you have any questions about this Privacy Policy or our privacy practices, please contact us:

• Email: info@encodedigital.com.au
• Company: ENCODE DIGITAL SOFTWARE SOLUTIONS PTY LTD
• ACN: 690 774 719
• Location: Sydney, New South Wales, Australia

15. Definitions

In this Privacy Policy:

• "Personal Information" means information or an opinion about an identified individual, or an individual who is reasonably identifiable
• "Processing" means any operation performed on personal information, including collection, storage, use, disclosure, and deletion
• "Services" means all software development, web application development, mobile app development, and related services provided by Encode Digital
• "Website" means encodedigital.com.au and all associated pages and services