Privacy Policy

This Privacy Policy was last updated on May 2023.

1. General

1.1 This Privacy Statement applies to all Personal Data collected by One Mission Group Pty Ltd trading as OMC Group (ACN 664 546 338), is a proprietary limited company registered in Australia.

1.2 OMC Group is committed to complying with its obligations under the Privacy Act 1988 (the Act) and the Australian Privacy Principles (APP) with regard to the information in question.

1.3 In this Privacy Statement, we explain how and why we collect your Personal Data, how and why we use it, and what controls you have over our use of your Personal Data. Please read this Privacy Statement thoroughly. Please do not use our Websites and Services if you do not concur with the terms and conditions of our Privacy Statement.

2. Definitions

2.1 In the Privacy Statement:

(a) Data Protection Laws refers to the laws designed to protect Personal Data and your privacy where you reside. Included for purposes of this Privacy Policy are:

(i) the Australian Privacy Act of 1988 (the AU Privacy Act as amended)

(b) Government Related Identifiers means an identifier assigned to an individual by an agency, a State or Territory authority, an agent of an agency, or State or Territory authority, acting in its capacity as agent; or a contracted service provider for a Commonwealth or State contract, acting in its capacity as contracted service provider for that contract.

(d) Payment Processors and Payment Facilitators refers to third-party organisations that process your payments for the Services.

(e) Personal Data means information that personally identifies you or could reasonably be used to personally identify you in accordance with applicable Data Protection Laws. The AU Privacy Act and CCPA both refer to the same concept of ‘Personal Information’; therefore, all references to Personal Data in this policy shall include Personal Information.

(f) Processing, which includes process, refers to the broad terms for the collection, storage, transfer, use, or other action involving your Personal Data.

(g) Sensitive information has the meaning ascribed to it in the AU Privacy Act, including Data Protection Laws where the term has an equivalent meaning.

(h) Services refers to services provided by OMC Group to you, including, but not limited to, the following:

(i) the promotion, procurement, and delivery of OMC Group products, solutions, and supporting services; and

(ii) the ordinary employment of employees, contractors (including subcontractors), consultants, and agents.

(i) Websites refers to each of the following websites:

(i) https://omcgroup.au/

(ii) any other website from which the Services are promoted and/or provided from time to time.

(j) You or your refers to you as an individual using our Websites, Services, or otherwise contacting us (either on your own behalf or on behalf of another person or entity).

3. Personal Data we collect

3.1 We may collect, use, store, and transfer the following categories of Personal Data:

(a) Data pertaining to your identity, such as your name, domain name, location, gender, and date of birth;

(b) Contact Information, including billing address, primary and secondary contact email addresses, and phone number;

(c) Financial Data, such as bank account and payment card information, including credit card number, expiration date, and security code (CVC);

(d) Transaction Data, including details about payments made to and from you in connection with the Services, the identity of customers, resellers, or suppliers (as applicable), details of activities listed, booked, or otherwise dealt with via our Services, and any other information pertinent to the provision of our Services;

(e) Technical Data, including internet protocol (IP) address, your login information, browser type and version, access times, webpage you are directed from, webpage(s) or content you previously accessed for us, time zone settings and location, browser plug-in versions and types, operating system and websites, and other technology in devices used to access our Websites and/or Services or the users of our Services;

(f) Profile Data, which includes your username, password, portal preferences, feedback, and survey responses;

(g) Usage Data, including information about your use of our Websites and Services, including information retrieved from ‘cookies’;

(h) Marketing and Communications Data, including your preferences for receiving marketing communications from us and communicating with us and our third parties;

(i) Employee and contractor record information including health information (where applicable), engagement, training and discipline information, terms of engagement information, emergency contact numbers, remuneration details, membership of a professional or trade association (where applicable), trade union membership (where applicable), leave entitlements, superannuation details, and Government Related Identifiers (for only collecting, using, or disclosing as reasonably necessary); and

(j) any additional Personal Data that may be necessary to facilitate your interactions with us.

3.2 When we solicit Personal Data, we collect only the following:

(a) non-Sensitive Information if it is reasonably required for the provision of our Services;

(b) Sensitive Information if it is reasonably required for or directly related to our Services, you have consented to its collection, or its collection is permitted or authorised by law.

3.3 We may collect various other categories of Personal Data, including Sensitive Information, in the course of conducting our business if it is voluntarily provided by users of the Services or other individuals in accordance with clause 8.

4. How we gather Personal Data

4.1 We may collect your Personal Data using any of the following methods:

(a) Direct interactions in which you provide us with Identity, Profile, Contact, Financial, and Transaction Data by completing documentation for us or communicating with us via phone, email, postal mail, through our Websites, or otherwise. This includes Personal Information you provide when you:

(i) use or access our websites;

(ii) request or partake in our Services;

(iii) request that we perform marketing;

(iv) Please provide feedback; or

(v) contact us via email, phone, SMS, our website, or social media; and

(vi) conduct commerce with us in any other capacity.

(b) Automated technologies and data in instances where you interact with our Websites and/or Services, we automatically collect Technical, Usage, and Marketing or Communications Data. Using specified service providers, cookies, and server logs/log files, we collect this Personal Data.

(i) Technical Data from advertising networks, search information suppliers, and analytics companies;

(ii) Contact, Financial, and Transaction Data from connected technical and payment services;

(iii) Identity and Contact Data made available from public sources, law enforcement or other government entities (as applicable); and

(iv) Identity and Contact Data from third-party applications where the Services necessitate the importation of information about users and their clients to facilitate activities and payments.

4.2 If we collect Personal Data, we will generally collect it directly from the individual or their agents, unless doing so would be unreasonable or impractical. Where we collect Personal Data about you from a third party without your consent, we will take reasonable measures to inform you that Personal Data has been collected.

4.3 You have the right to communicate with us anonymously or under a pseudonym, unless it is impractical for us to do so or we are required or authorised by law to only communicate with identified individuals.

4.4 If we are required to collect your Personal Data by law or under the terms of a contract we have with you, and you fail to provide that data when requested or withdraw your consent to our processing of your Personal Data (where applicable), we may not be able to perform the contract we have or are attempting to enter into with you. In such a scenario, we may need to cancel a product or service you have with us, but we will notify you immediately if this is the case.

5. How we retain and safeguard Personal Data

5.1 The security of your Personal Data while it is in our possession is a top priority. We may maintain Personal Information in a variety of formats, including but not limited to physical documents, electronic records, visual records, and audio recordings. Physical data are stored safely within our access-controlled facility. Electronic files are securely stored on protected information systems and can only be accessed via our secure network. Physical security is maintained over our paper and electronic data storage, and confidentiality clauses are included in the employment contracts of all of our employees and contractors.

5.2 We take reasonable measures to:

(a) ensure that the Personal Data we collect is accurate, current, complete, and relevant, unless it is only collected to provide advice about a particular point in time, in which case we will endeavour to ensure that it is accurate, complete, and relevant as of that point in time;

(b) ensure that the Personal Data we use or disclose is accurate, current, complete, and pertinent for the purposes for which it is used or disclosed;

(c) safeguard Personal Data against misuse, interference, and loss, as well as unauthorised access, modification, or disclosure; and

(d) destroy or de-identify Personal Data that is no longer required for the objectives for which it was collected, unless its retention is required to maintain ongoing client records.

5.3 We cannot guarantee the security of data transmitted over the internet. As a result, the transmission of Personal Data via the Internet is at your own risk, and we cannot guarantee the security of such information.

5.4 Additionally, we have procedures in place to address any suspected data security breach. We will notify you and any applicable supervisory authority of a suspected data security breach where required by the Data Protection Laws in that jurisdiction, and within the timeframe specified by the applicable Data Protection Law.

6. How we use your Private Data

6.1 We may collect, maintain, utilise, and disclose your Personal Data for the following purposes:

(a) for the purpose(s) for which we disclosed or collected the information;

(b) facilitating interactions with you as part of our business operations;

(d) providing services (including the Services) to our customers if the information was collected lawfully for that purpose;

(e) storing information in data centres operated by third parties;

(f) updating your Personal Data;

(g) observing our legal responsibilities;

(h) employing personnel, including conducting criminal reference checks and other permitted background checks;

(i) for secondary purposes where it is reasonable for us to do so, and where the secondary purpose is related (or directly related in the case of sensitive information); and

(j) for any other purposes for which you have periodically consented.

6.2 We may employ third parties to perform limited services on our behalf, such as processing payment transactions or conducting statistical analyses of our Services. We will only provide these third parties with the Personal Data they need to deliver the specific services, and we will take reasonable measures to ensure that they maintain the confidentiality of your information and are prohibited from using it for any other purpose.

6.3 On servers and equipment it controls, OMC Group does not store Financial Data collected and processed for invoicing or payment purposes. This Personal Information is stored on servers and other equipment managed by Payment Processors and Payment Facilitators in accordance with this Policy.

6.4 OMC Group may disclose your Personal Data without your notice or consent only for the following purposes:

(a) Good Faith purposes where it is deemed reasonable to disclose information to a third party in connection with the deficient provision of our Services to you or users of our Services;

(b) Compliance with the law when required or reasonably believed to be necessary to comply with applicable law, codes of conduct, or legal process served to us in connection with our business;

(c) Permitted contractors who provide licenced collection services and payment processing and are required to comply with our Privacy Policy, provided that we take reasonable steps to ensure that these third parties maintain the confidentiality of your information and are prohibited from using it for any purpose other than those for which it was provided;

(d) Sale of business when we sell our business in whole or in part; and

(e) Protection of the personal welfare of users of our Services, Websites, our personnel, or the general public under exigent circumstances.

6.5 Australia

(a) In Australia, the legal basis for our processing of Personal Data is your informed consent, and by submitting this Personal Data, you acknowledge that you have provided OMC Group with this consent.

(b) Insofar as we processed your Personal Data prior to the commencement date of the applicable Data Protection Laws in Australia, you consent to our continued processing of such Personal Data in accordance with this Privacy Statement.

7. Direct Advertising

7.1 We will only send you direct marketing communications and information about our Services via postal mail, email, and social media platforms with your permission.

7.2 If you do not provide your consent to receive direct marketing communications, you may opt out of receiving marketing communications from us by contacting us using the contact information provided below or by using the opt-out mechanisms provided in our communications.

7.3 We do not share your Personal Data with other organisations for their direct marketing purposes. OMC Group’s email practises are tailored to comply with anti-spam legislation, including Australia’s Spam Act 2003.

7.4 If you believe you have received unsolicited email in violation of these or any other anti- spam laws, please contact us using the information provided in this Policy.

8. Unsolicited Material

8.1 If you provide Personal Data to us without our request, we will only retain it under certain conditions. We will only retain unsolicited information if it is reasonably necessary for us to provide you with the Services, you have consented to the information being collected, or obtaining your consent would have been impractical or unreasonable under the circumstances.

8.2 If these conditions are not met, the unsolicited information will be discarded. If the unsolicited information about you that we receive is Sensitive Information, we will always obtain your permission before using it.

9. Transfer of Personal Data Overseas

9.1 Your Personal Data is shared within OMC Group. This may involve the transfer of your information outside of Australia.

9.2 Whenever we transfer your Personal Data, we will do so with the necessary level of security.

9.3 In the following locations, we will implement the safeguards applicable to the transfer of your Personal Data:

(a) Australia – We may transfer your Personal Data to entities in Australia, but we rely on the OMC Group’s binding corporate rules to safeguard your Personal Data.

9.4 We will endeavour to ensure that individuals to whom the disclosed Personal Data pertains have comparable rights with respect to the information once it has been disclosed internationally. Please note that you have the right to object to the transmission of your Personal Data outside the country, but you must contact our OMC Group’s privacy officer in order to exercise this right. You acknowledge, however, that submitting this request may preclude you from using a portion or all of our Services (as applicable).

10. Updating Personal Data

10.1 Your Personal Data must be accurate and current, unless otherwise specified in this Policy. Please keep us informed of any changes to your Personal Data throughout our business relationship.

11. Children’s Privacy Disclosure

11.1 The Websites and Services of OMC Group are not intended for individuals under the age of 18 (‘Children’). We do not intentionally collect or utilise Personal Data from children.

11.2 If we become aware that we have inadvertently received Personal Data from Children through the Websites or Services, we will delete this information in accordance with applicable law.

12. Utilising our Websites and Cookies

12.1 We may use ‘cookies’ to enhance your experience on our Websites. Cookies are tiny data files that are served by our platform and stored on your device. These are utilised by us or third parties for a variety of purposes, including the operation and customization of the Websites. Cookies may be utilised for recording preferences, undertaking internal analytics, conducting research to enhance our offering, assisting with marketing, and delivering specific website functionality.

12.2 You can refuse to allow cookies by adjusting the corresponding setting in your web browser. Please note, however, that if you do so, you may not be able to utilise the full functionality of our websites.

13. Websites outside our Control

13.1 For your convenience and to enhance the Website’s and Services’ usability, we may include links to third-party websites, applications, or resources that are not covered by this Privacy Statement.

13.2 OMC Group is not liable for the websites, applications, or resources of third parties. You access such websites, applications, or resources at your own risk, and we make no representations or warranties about the privacy policies of third parties. We strongly suggest that you read the privacy policies and statements of every website, application, and resource you use.

13.3 When we provide a link to a third-party website, application, or resource, this does not imply that OMC Group endorses the linked website, application, resource, or its contents. Our Privacy Policy does not address third parties’ use of cookies.

14. Data Retention

14.1 We will only retain your Personal Data for as long as is required to fulfil the purposes for which we collected it, including satisfying any legal, regulatory, tax, accounting, or reporting requirements.

14.2 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 unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data, and the feasibility of achieving those purposes through alternative means.

14.3 We may retain your Personal Data for a prolonged period in the event of a complaint or if we have a reasonable belief that our relationship with you is likely to result in litigation.

14.4 Under certain conditions, you may request that we delete your data, as outlined in this Privacy Statement.

14.5 If we anonymize your Personal Data (so that it cannot be associated with you) for research or statistical purposes, we may use this information without further notice to you.

15. Accessing or Modifying your Personal Data

15.1 We are committed to maintaining information that is accurate, timely, relevant, and appropriate.

15.2 Upon request, we will provide you with a copy of your Personal Data held by us, provided the request is made in accordance with the APPs (contained in the Act). We will also correct inaccurate information about you if you notify us that it is inaccurate, out of date, incomplete, irrelevant, or misleading.

15.3 There are no fees associated with requesting access to or correction of your Personal Data; however, if the volume of information we hold is disproportionately large, we reserve the right to charge you reasonable administration fees (including photocopying fees) associated with your request.

15.4 You can contact our OMC Group’s privacy department regarding access to or corrections to your data via the following method:

Email: qld@omcgroup.au

15.5 In accordance with our obligations under the Act, we will respond to such petitions within 30 days. If we deny your request to access or rectify your Personal Data, we will provide you with reasonable explanations and information about how to file a complaint.

15.6 In order to safeguard the confidentiality of your Personal Data, we will never disclose your information unless we are certain that it pertains to you. Consequently, we may request identity-verification documentation from you prior to disclosing any Personal Data pertaining to you.

16. Complaints

16.1 If you have a complaint about our Privacy Policy or the acquisition, use, disposal, or destruction of your Personal Data, please contact our OMC Group privacy departmen using the contact information listed above.

16.2 We will investigate your complaint and attempt to resolve any breach of the Act that may have occurred in relation to the collection, use, or destruction of your Personal Data held by us. If you are unhappy with the result of this procedure, then:

(a) if you are located in Australia, you may file a complaint with the OAIC

16.3 If we are unable to resolve your complaint to your reasonable satisfaction within a reasonable timeframe, you or we may refer it to the applicable Privacy Commissioner or supervisory authority specified in clause 16.2.

17. Privacy Policy Alterations

17.1 The date at the top of this page indicates the most recent time this Privacy Statement was revised. Occasionally, we will need to update this Privacy Policy, and we will do so no less than once per year.

17.2 You can always find the most up-to-date version of this Privacy Statement on our Websites at https://omcgroup.au/, and it applies to all of your Personal Information in our possession at that time. If we make significant modifications, we will always post a notice on our website. If you have provided us with your email address as part of your interactions with OMC Group, we will also notify you via email that the Privacy Statement has been updated and highlight the most significant changes. You can obtain previous versions of this Privacy Policy by contacting us.

17.3 We reserve the right to modify this Privacy Statement at any time. Unless otherwise specified in this Privacy Statement, it is essential that the Personal Data we maintain about you is accurate and up-to-date. Please inform us if your Personal Data changes during the course of our relationship.

18. Additional Information

18.1 If you require additional information or have questions about our Privacy Statement, please contact the relevant OMC Group representative using the information listed above. If you would like to learn more about the Australian Privacy Act, please visit the OAIC’s website at www.oaic.gov.au.