Privacy Policy

HARVEST TECHNOLOGY PTY LIMITED

Revision Date: 17 October 2024

Harvest Technology Group Limited (ACN 149 970 445) (Harvest, we, us or our) is committed to protecting your privacy and complying with its obligations under the applicable data protection laws, as set out below.

This policy governs Harvest’s collection, storage, use and disclosure of personal information, and has been developed in accordance with the privacy laws applicable to our business, including:

the Privacy Act 1988 (Cth);
the General Data Protection Regulation (EU) 2016/679 as transposed into domestic legislation of any European Union member state, the UK Data Protection Act 2018 and the UK General Data Protection Regulation (together, GDPR); and
any other applicable laws which apply to how we collect, store, use and disclose your personal information.

We provide various products, services and websites, including:

a software-as-a-service platform which facilitates point-to-cloud audio-visual streaming (NodestreamLive^TM (AVRLive^TM)), hardware and software products which facilitate point-to-point audio-visual streaming (NodestreamX^TM), and our range of products and software that is provided as a download and install electronic file or application either directly or via third-party application providers including Apple App Store, Google Play Store, Microsoft Store, or other authorised third-party online store (Nodestream^TM Apps), together (Nodestream Products);
support services for the Nodestream Products (Support);
trials of hardware and software products (Trials); and
websites that collect information from individuals and businesses who are generally interested in our products and services (Websites).

This Privacy Policy applies to:

your use of any of our products or services, when you participate in a Trial, when you use the Website or otherwise provide us with your personal information; and
any personal information we collect about you from third parties.

We may amend this policy from time to time, and the amended policy will be made available on our Websites.

1. What is personal information?

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not and whether the information is recorded in a material form or not.

We use the term personal information in this Privacy Policy, but this term is equivalent to the term personal data.

2. Who do we collect personal information from?

We collect personal information from and about:

individuals and businesses (including their personnel, subcontractors and customers) who visit, access, and/or log on to:
1. Websites for Nodestream Products and/or Trials;
2. NodestreamLive Site;
3. Nodestream Products and Trials during the setup and establishment of their account / connection, using their credentials registered with us (together, End Users);
resellers and their personnel who visit, access, and/or log on to the:
1. Websites for the Nodestream Products and/or Trials;
2. Nodestream Products and Trials during the setup and establishment of their account / connection, using their credentials registered with us (together, Resellers);
individuals who are present at an End User’s site or premises where a video stream is being captured using Nodestream Products and the individual appears in that video stream; and
individuals and businesses (including their personnel, subcontractors and customers) who participate in Trials (Trial Participants).

3. What kinds of personal information do we collect?

The personal information we collect and hold about individuals will depend on the nature of their interaction with us, but will generally include the following:

Identify and contact information. Full name, date of birth, company and job title/role, phone number and email address.
Network and device information. In the case of some Nodestream Products and Trials, the name of the device owner, the device’s IP address and the connection establisher (i.e. the IP address of the device that made the connection), and in the case of Support, IP addresses, device serial numbers and software keys.
Other information. IP addresses, domain name, browser type, computer type, connection type, operating system, internet service provider, the pages individuals have visited and the time spent on those pages and other statistics.
Video images and usage data. Audio-visual and visual images and recordings, including of individuals (including their faces) as well as other related usage data (including streaming time and duration) that is derived from, and/or associated with, devices / hardware used in conjunction with our products and services (although the images are only collected and held by us temporarily to allow us to stream the video, after which we no longer hold it).

4. How do we collect personal information?

Generally, we collect personal information directly from you. This may occur in a number of ways, including when you:

contact us to make an enquiry or provide feedback to us, including via contact forms on our Websites;
contact us to request Support;
sign up to receive our newsletter, join one of our webinars or provide information via social media pages;
fill out a form on our Websites;
set up a user profile to become a:
1. registered user of the Nodestream Products; or
2. Trial Participant;
update your personal information, including in your user profile for the Nodestream Products;
post content using the Nodestream Products;
communicate with other users using the Nodestream Products.

We endeavour to only collect personal information about an individual from that individual. However, we may also collect personal information from the following sources:

our Resellers (as noted above in section 2(a));
End Users (e.g. your employer may provide us with personal information in order to set up an account to access the Nodestream Products on your behalf);
Trial Participants (e.g. where the Trial Participant is conducting a Trial with its customers, the Trial Participant with whom you are dealing may provide us with your personal information for the purpose of the Trial); and
publicly available records.

We may also collect personal information from you by using ‘cookies’, which are small data files deposited on our websites (including websites related to the Nodestream Products, and the Websites) on your phone, computer, or other device. Cookies are sent back only to the servers that deposited them when a visitor returns to the relevant page. With the information we receive through cookie technology, this is collected for the purpose of improving our websites, products and services (see section 5 below).

In addition, we may gather information about you that is automatically collected by our server. We may use this information to customise our offerings, to make information more readily accessible to you, and to make our websites, products and services easier for you to use.

You can always disable the use of cookies by changing the security settings of your browser, but please bear in mind that this may affect how some items are displayed on our websites.

5. How do we use your personal information?

Harvest uses the personal information it collects for the primary purposes for which it was provided to Harvest, and as permitted or required by law.

Harvest will not use or disclose personal information about you for any secondary purpose, unless that secondary purpose is related to the primary purpose for which we have collected that information, and you would reasonably expect the disclosure in the circumstances, or unless you consent to that use or disclosure.

The purposes for which we collect, store, use and disclose your personal information include, to:

verify your identity and authenticate your access to the Nodestream Products and Trials;
provide products and services that you have requested, and respond to your enquiries including enquiries received through our Websites;
manage your user profile and access privileges;
provide you with Support;
provide information and updates about our products and services;
maintain a database of users of our products and services;
enhance your experience of our products and services, and make them easier for you to use, including remembering your preferences and personalising your experience;
undertake our internal administrative, research, planning, marketing and product development;
communicate information about our products and services that may be of interest to you, based on your transaction history and preferences;
improve and optimise our platforms (including our websites and mobile applications), products and services;
comply with legal obligations; and
facilitate our business operations and processes; and
in the case of the Nodestream Products:
1. transmit audio and video streams back to the End User/s; and/or
2. facilitate notifications by, and communications between, you and other users of the Nodestream Products.

6. Legal bases for processing (for EEA and/or UK users)

If you are an individual in the European Economic Area (EEA) or United Kingdom (UK), we collect and process information about you only where we have a legal basis for doing so under applicable data protection laws (as listed at the top of this Privacy Policy). The legal bases depend on the products and services you use and how you use them.

This means we collect and use your information where:

we use it to provide products and services that you have requested, and respond to your enquiries including enquiries received through our Websites;
it satisfies a legitimate interest such as for research and development, for marketing purposes or to promote products and services;
you give us consent to do so for a specific purpose; or
we have a legal obligation to do so.

You may revoke or withdraw your consent at any time. You can do this by contacting commercial@harvest-tech.com.au. If you don’t provide us with personal information or withdraw your consent, we are unlikely to be able to provide you with our products and services.

7. Who do we disclose your personal information to?

Generally, we will obtain consent before we disclose any personal information other than as specified in this policy or in any terms applicable to specific products and services. Such consent may be given expressly or it may be implied by conduct.

Your personal information may be disclosed to and/or accessed or stored by the following third parties for the same purposes as set out in clauses 5 and 6 above, as well as the purposes set out below:

our Resellers and End Users to allow them to administer your access to the Nodestream Products;
Trial Participants conducting a Trial with their customers (as noted above in section 3) to allow them to administer and facilitate your involvement in that Trial;
our related bodies corporate and affiliates (including those located overseas), for the purpose of our business and marketing purposes only;
for the Nodestream Products, excluding Nodestream Apps, our third-party service providers to permit them to provide services to us such as provision of infrastructure, information systems and IT services, data analysis, and customer services, and other similar services;
our external advisers who have been engaged to provide us with legal, administrative, financial, insurance, research, marketing or other services;
other End Users if you appear in a video stream;
other parties as permitted or required by law;
any other person authorised, implicitly or expressly, when the personal information is provided to or collected by us.

We will not share your personal information with third parties for their marketing purposes. We will never sell, trade, lease or rent your personal information to third parties.

We may share de-identified, aggregated information with third parties for their marketing and business purposes, but such information will not individually identify you.

8. What happens if you do not provide personal information?

If you do not provide your personal information to us, you will not be able to use, or take advantage of all of the functionality of our products and services.

9. Data Security

We take reasonable steps to protect the personal information we hold, whether in electronic or other form, against loss, unauthorised access, use, modification or disclosure, and against other misuse.

When no longer required by us, we will take reasonable steps to destroy, delete or permanently de-identify personal information in a secure manner.

10. Access to personal information

You may request access to personal information that Harvest holds about you by using the contact details below. Harvest will process such requests within a reasonable time and may charge a fee for providing access, which will cover the costs of verifying the application and retrieving the information requested. If Harvest denies an access request as permitted or required by law, we will provide reasons to the extent we are required by law to do so.

11. Correction of personal information

Harvest will take reasonable steps to ensure that any personal information we hold about you is accurate and up to date. Please let us know promptly if any changes are required to be made to the personal information we hold about you by contacting us using the contact details below.

You may ask us at any time to correct personal information we hold about you. On request, we will take reasonable steps to correct the information so that it is accurate, complete and up to date, or will provide reasons for not doing so.

You may also update your personal information at any time through the Nodestream Products, the websites related to the relevant Nodestream Products or Trials or by contacting us using the contact details below.

12. Deletion of personal information

You may request that we delete the personal information we have collected from you, subject to certain limitations under applicable law.

For Nodestream Products sourced from Apple App Store, Google Play Store, Microsoft Store or other authorised third-party online store, to exercise your right to delete, you may instantly delete your personal information in the application. To do this you will need to login into your account and enter a valid software key. To confirm the action, you will also need to enter your account password. You will then see a popup with either an error or success message.

For all other Nodestream Products and the Trials you may exercise your right to delete, by contacting us using the contact details below. We will log a service request and take reasonable steps to delete the personal information we hold about you, or provide reasons for not doing so.

13. Some other rights in relation to your privacy under the GDPR

Relevant to the GDPR, some individuals also have a right, in certain circumstances, to have the information held about them erased. You can talk to us further about this at commercial@harvest-tech.com.au. Such individuals can also request that we restrict or suspend the processing of your personal information. If you do so, note that we will then be most likely unable to provide the services to you.

The GDPR also provides that in some circumstances, individuals have a right to data portability, to withdraw their consent at any time, to object to data processing and to object to processing of data for marketing purposes.

14. Overseas disclosure

In relation to our Australian operations, Harvest may, in the course of providing products and services to you, disclose personal information to overseas entities. Those overseas entities are likely to be located in the following countries: United States, United Kingdom and Ireland.

Relevant to the GDPR, in order to provide our products and services to you, we may disclose the information which we process to countries outside the UK and/or the EEA. Specifically, we may transfer your personal information from the UK and/or the EEA to Australia, to our related entities and third party service providers. Regardless of the location of our processing, we will impose adequate data protection safeguards and implement appropriate measures to ensure that your personal information is protected in accordance with applicable data protection laws.

15. Complaints

If you wish to make a complaint about a breach of this Privacy Policy, or applicable data protection laws, you can contact Harvest using the contact details below. You will need to provide sufficient details regarding your complaint, as well as any supporting evidence and information.

Your complaint will be reviewed by us, and we will investigate the issue and determine the steps that Harvest will take to resolve your complaint. Harvest will contact you if it requires any further information from you and will notify you in writing of the outcome of the investigation.

If you are not satisfied with the outcome, you may contact us to discuss the matter further, or you may make a complaint to the relevant authority using the details below.

If you are based in Australia, you may contact the Office of the Australian Information Commissioner:
GPO Box 5218 Sydney NSW 2001
Email: enquiries@oaic.gov.au
Telephone: 1300 363 992
Fax: 02 9284 9666

If you are based in the UK, you have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk).

If you are based in the EU, you have the right to lodge a complaint with your supervisory authority, whose contact details can be found here: https://edpb.europa.eu/about-edpb/about-edpb/members_en.

16. Contact Details

If you have any questions or feedback about our Privacy Policy, or the way in which we handle your personal information, please contact us using the following details:

Phone Number: +61 8 6370 6370
Email: commercial@harvest-tech.com.au

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