Privacy Policy

General

This is the Privacy Policy for Local Measure, the data controller. This Privacy Policy relates to the collection and use of your personal information that you, as a customer, may supply to Local Measure International Pty Limited (ACN 169 589 753) (Local Measure, we, us and our) through your use of the Website (Local Measure Platform). Like other companies operating in Australia, we are bound by the Privacy Principles as set out in the Privacy Act 1988 (Cth), as amended from time to time. If you are resident in the European Union, we process your personal data in accordance with the EU General Data Protection Regulation (2016/679), where applicable. This Privacy Policy is in addition to any other terms and conditions applicable to the Local Measure Platform. If we modify our Privacy Policy, we will inform you of the changes.

Our EU representative is Dan Cross, Local Measure, Herengracht 420 Amsterdam, Noord-Holland 1017BZ Netherlands. Our data protection officer can be contacted at dpo@getlocalmeasure.com

Websites that Local Measure operates

Local Measure owns and operates the following Internet domain names:

• localmeasure.com
• getlocalmeasure.com

and subdomains including but not limited to:

• dashboard.getlocalmeasure.com
• app.getlocalmeasure.com
• reports.getlocalmeasure.com
• funnels.getlocalmeasure.com
• get.localmeasure.com
• pulse.getlocalmeasure.com

Who we are

Local Measure is a local insight tool that allows businesses to monitor and respond to customer and employee feedback taking place at their business.

Information we collect

In order for a business to use the Local Measure service, we require information from you in order to set up your account and correct report on local social activity relating to the business.

Information you provide—when you sign up for a Local Measure account you will need to supply details relating to your business. The type of personal information we collect includes: (a) your name; (b) your e-mail; (c) your job title; (d) your industry; (e) an account password; (f) your business’s name; (g) your business’s website; (h) your business’s address; and (i) you will be shown business listings from Facebook, Foursquare, Instagram and Weibo that we believe match your business and will be asked to indicate which are your business.

Third Party Services—You are able to push some information to third party networks (such as Twitter, Facebook, Foursquare, Instagram and Weibo). In order to do this you will have to choose which third party applications you wish to link to your account. You can disconnect any third party access from Local Measure at any point. If you chose to push content to these third party services the treatment of this data will be determined by their Terms of Service and Privacy Policy.

How is your personal data collected?

We use different methods to collect data from and about you, including through:

Automated technologies or interactions. When you use the Local Measure platform, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol (IP) address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.

Direct interactions and User communications—when you send emails or otherwise communicate with Local Measure, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

Direct interactions – when our customer (your employer) send you emails soliciting feedback on their company, product and services we retain those communications and feedback to help our customer improve their business.

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Use of personal information

We will only use your personal information when the law allows us to. Most commonly, personal information is used for the following purposes:

• optimising your use of the Local Measure platform;
• where we need to perform the contract we are about to enter into or have entered into with you;
• where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
• where we need to comply with a legal or regulatory obligation; or
• for such other compatible secondary purposes that are related to these purposes, unless we disclose other uses in this Privacy Policy or at the time of collection.

Your personal information may be used by us for a number of purposes connected with our business operations, which include: (1) providing you with products and/or services, including information services and the display of customised content and advertising; (2) registering your details; (3) dealing with requests, enquiries, or other customer care related activities; (4) ensuring the functionality of our network; (5) carrying out auditing, market and product analysis to maintain, protect and improve our services; (6) developing new services, (7) marketing our goods and services generally; and (8) contacting you about our goods and services with your consent. We may also use your personal information for purposes which are related to those described above, that would be reasonably expected by you.

Generally, we do not rely on consent as a legal basis for processing your personal information other than in relation to sending third party direct marketing communications to you via email or text message. For example, we may use your personal information to send you marketing materials with your consent, to keep you informed about our goods and services or to conduct research in order to provide better service to you. You will be able to opt out of receiving marketing material from us when you register with us.

To opt out of receiving our marketing materials after you initially choose to receive such material, please email us on support@getlocalmeasure.com or click on the unsubscribe link in each marketing email.

Profiling

We may use your personal information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

Disclosure

We only share personal information with other companies or individuals in the following limited circumstances:

We have your consent. We require opt-in consent for the sharing of any sensitive personal information.

We provide personal information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Local Measure, its users or the public as required or permitted by law.

We may share with third parties (without notice to you) certain pieces of aggregated, non-personal information, such as the number of users who use the Local Measure platform and the like. Such information does not identify you individually.

Security

We aim to ensure the security, integrity and privacy of personal information submitted by you, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. However, we endeavour to take all reasonable steps to protect personal information you transmit to us. Employees and the contractors who provide services related to the Website are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.

We take appropriate security measures to protect against accidental loss, unauthorised use or access to or unauthorised alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorised access to systems where we store personal data.

We restrict access to personal information to our officers, employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals will only process your personal information on our instructions, are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 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 whether we can achieve those purposes through other means, and the applicable legal requirements.

Cookies

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our site are visited and by how many people. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated as leaving them enabled will allow you to take advantage of some of our service’s most attractive features.

Data Storage and Transfer Overseas

Someof your data is sent and stored overseas by virtue of the fact that Local Measure may use the services of global companies who provide IT infrastructuresuch as servers. The companies that we engage to provide these services arelocated in the following countries – Australia, Sweden and the United States of America. These countries may have privacy laws that differ from Australia’s and the EU’s privacy laws. In these cases we seek confirmation from the service provider that its privacy policy applicable globally is similar to Australian Privacy legislation.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the followingsafeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• Where we use providers based in the US, we may transfer data to them on the basis of the contractual provisions referred to above, or if they are part of the Privacy Shield (or any scheme which may replace the Privacy Shield) which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Data Transfers.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

Business Transfers

In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Additionally, if Local Measure were acquired by another entity for whatever reason, customer information would be one of the assets that is acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Local Measure may continue to use your personal information in the same way as set out in this policy.

Your Legal Rights

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. You may change your information at any time by using the profile page when logged on to the platform or by sending an e-mail to us at support@getlocalmeasure.com. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Exercising your legal rights

If you wish to exercise any of the rights set out above, please send an email to dpo@getlocalmeasure.com

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Links to other sites

We provide links to websites/services outside our own platform such as third-party social networks. These linked sites are not under our control, and we cannot accept responsibility for the conduct of third parties linked to our Website. Before disclosing information on any other website/service, we advise you to examine the terms and conditions of using the website/service and its privacy statement.

Other useful information

You should always sign-out or close your browser once you have finished your session. This is to ensure that others cannot access your personal information and correspondence. Be particularly careful if you share a computer with someone or are using a computer in a public place. Please also remember that you are solely responsible for maintaining the security of your username and password.

Further privacy information

Further privacy information can be obtained on the Australian Privacy Commissioner’s website at www.privacy.gov.au.

Changes to this policy

Please note that this Privacy Policy may change from time to time. We will post any Privacy Policy changes on our Website and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Privacy Policy changes). Each version of this Privacy Policy will be identified at the top of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review.

Have Your Say

If at any point in time you would like to give us feedback, ask a question, log a complaint, have any concerns or would like to make a suggestion please feel free to do so and we will do our best to respond to you in a timely manner.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.