May 24, 2018

1. Introduction

Appen Limited and its affiliates respect your privacy and are committed to protecting it. We provide this Privacy Statement to inform you of our policy and practices and of the choices you can make about the way your information is collected and used.

This Privacy Statement applies to the sites accessible from https://appen.com and https://appen.com/uk (the ”Site”) and data we receive from you via this site in our capacity as a data controller. We ensure that any personal data received will be processed in accordance with the applicable privacy and data protection laws including the Data Protection Act 1998, Regulation 2016/679 of the European Parliament the General Data Protection Regulation (GDPR), the Philippines Data Privacy Act, the Australian Privacy Act and any other laws that apply to personal data in respect of which we are subject (which we refer to in this Privacy Statement as “applicable data protection laws”), and the statement set out below. Links provided within the Site are not covered by this Privacy Statement and we are not responsible for, any third party websites which may be accessible through links from this Site.

This Privacy Statement explains how we, as a data controller, may collect, use, and share information that we obtain about you directly or indirectly in accordance with applicable data privacy laws.

Where you use our services, or your personal data is processed in connection with such services, we will be the data controller of such information. Your provision of personal data to us or use of our online services constitutes your acceptance of the terms of this Privacy Statement.

2. Scope of Privacy Statement

This Privacy Statement explains and describes:

  • When this Privacy Statement applies
  • Our Use of Cookies
  • How we collect your personal data
  • Use of Information
  • Disclosure of your information
  • Retention of your data
  • Links to other websites
  • Collection of Anonymous Information
  • Information Security
  • International Transfers
  • Your Rights
  • Feedback, including comments, questions and complaints
  • Changes to the privacy statement
  • Further information

3. When this Privacy Statement applies

This Privacy Statement applies:

  • to your use of any of our services;
  • where you apply to us for a job or work placement;
  • your supply of services to us where this involves any personal data;
  • as a result of your relationship with one or more of our clients; and/or
  • to any information collected from third parties.

This Privacy Statement additionally applies to our Site and online services and any online service created or hosted by us from time to time on which this Privacy Statement appears (together, our “online services”) through which we may collect certain details if, for example, you want to subscribe to any publications or newsletters that we may periodically issue.

Please note that our online services make use of cookies and similar technologies, as described in more detail below:

4. Our Use of Cookies

A cookie is a small piece of text based information that is generated by our web server and is stored within the memory of your computer or stored on your hard disk, which can be later retrieved by your web browser and communicated to the web server that issued it. We use cookies to enhance your interaction and convenience with our website and do not use cookies to record any personal information.

Cookies only store information about a current or prior web session on our servers or information that you have asked to be stored for convenience, such as “Remember Me” information. Any statistical data is aggregated and used by us and our web monitoring service provider to improve our services and at no time do we personally identify you as the source of that data.

You may refuse to accept cookies by activating the setting on your web browser which allows your web browser to refuse cookies. However, if you select this setting you may be unable to access certain parts of our website and this may have a detrimental effect on your experience and the web based services that we can offer you. Unless you have adjusted your web browser settings to refuse cookies, our systems will automatically issue you with a cookie when you visit our website and you are deemed to have consented to our use of this cookie. The purpose for which the cookie is used is for identification of a specific session on our website e.g. when a user is logged on to the website to identify what permissions they have and what items are in their shopping cart. Session based cookies are deleted and destroyed at the end of the session. Any other cookie based information may be stored and recovered by your web browser. You may delete the cookies stored on your computer at any time.

5. How we collect your personal data

‘Personal data’ is any information that can be used to identify you or that we can link to you.

Where you use our services, we will collect personal data directly from you.

We may also collect personal data from third parties such as your employing organisation, regulatory authorities, recruitment agencies, credit reporting agencies, information or service providers, publicly available records, and the third parties described in this Statement.

We collect information that you voluntarily provide to us, including when you communicate with us via email or other channels; when you sign up for or request that we send you newsletters, alerts, or other materials; when you sign up for a webinar or event; and when you respond to our communications or requests for information.

The information you provide may include current and historical personal data including your name, contact details, title, identification, employment, positions held and enquiry/complaint details and information about the organisation with which you are affiliated. We may also collect personal data about your other dealings with us and our clients, including any contact we have with you in person, by telephone, email or online.

We may collect information from other sources, such as social media platforms that share information about how you interact with our social media content, and any information gathered through these channels will be governed by the privacy settings, policies, and/or procedures of the applicable social media platform, which we strongly encourage you to review.
We will handle any unsolicited information in accordance with law, including destroying or de-identifying such information where we are required to do so.

When you use our online services, we may collect the following:

  • Information you provide by completing forms (this includes information you give us, submitting material, requesting services, entering competitions, registering for any of our online offerings or subscribing to our newsletters or other services).
  • Your credit or debit card number, expiry date and security code.
  • Your name and address.
  • Your delivery address (if different to above).
  • Your contact telephone number in case we need to call you.
  • Information you provide by your participation in competitions, live chats or message boards.
  • Information you provide to us if you contact us, for example to report a problem with our online services or raise a query or comment.
  • Details of visits made to our online services including, but not limited to, the volume of traffic received, logs (including, where available, the IP address and location of the device connecting to the online services and other technical information and identifiers about the device and the nature of the visit) and the resources accessed.
  • Where our online services require that you enter a password or other information in order to access certain features, we will collect such credentials when you enter them.

If you apply for a job or work placement with us then you may need to provide information about your education, employment, racial background and state of health. As part of your application you will be asked to provide your express consent to our use of this information to assess your application and to allow us to carry out both recruitment analytics and any monitoring activities which may be required of us under applicable law as an employer. We may also carry out screening checks (including reference, background, directorship, financial probity, identity, eligibility to work, vocational suitability and criminal record checks) and consider you for other positions.

We may exchange your personal data with academic institutions, recruiters, screening check providers, health service providers, professional and trade associations, law enforcement agencies, recruitment analytics providers, referees and your current and previous employers. We may also gather additional information about you from publicly available resources such as LinkedIn or other social or professional media platforms and collate this with the information that you provide to us. Without your personal data, we may not be able to progress considering you for positions with us.

In some instances, personal data must be provided to us in order for us to legally or contractually perform services to you, for example where we are obligated to gather personal data for anti-money laundering identification purpose. Where relevant we will highlight to you those details that we are obligated to collect.

6. Legal basis for usage of personal data

Where we intend to use your personal data, we rely on the following legal grounds:

Performance of a contract: We may need to collect and use your personal data to enter into a contract with you or to perform a contract that you have with us. For example, where you place an order for our transcription services and where we respond to your requests and provide you with services in accordance with our terms and conditions or other applicable terms of business agreed with you or with your employing organisation.

Legitimate interests: Where we consider use of your information as being (a) non-detrimental to you, (b) within your reasonable expectations, and (c) necessary for our own, or a third party’s legitimate purpose, we may use your personal data, which may include:

  • for our own direct marketing or continued communication;
  • the prevention of fraud;
  • our own internal administrative purposes;
  • personalisation of the service(s) we provide to you;
  • ensuring network and information security, including preventing unauthorised access to electronic communications networks and stopping damage to computer and electronic communication systems;
  • reporting possible criminal acts or threats to public security to a competent authority.

Compliance with a legal obligation: We may be required to process your information due to legal requirements, including employment laws, tax laws and other regulatory provisions applicable to us as a provider of digital, audio and video transcription specialist offering a range of transcription and recording services.

Consent: You may be asked to provide your consent in connection with certain services that we offer, for example in respect of any processing of your personal data for our marketing purposes where you or your employing organisation is not our client, or in respect of certain special categories of personal data such as your health or racial background for which we are legally obliged to gain your consent due to the sensitive nature of such information and the circumstances in which it is gathered or transferred. Where we are reliant upon your consent, you may withdraw this at any time by contacting us in accordance with the section 16 (further information) below.

7. Use of Information

We use your information in order to provide you with, and improve, our services, including:

  • To use the information, we collect about you to process orders, deal with any enquiry and/or to send you information about our products and offers from time to time.
  • To use your credit card details which are taken through a secure process for processing by your card provider, our card processor and our bank.
  • To respond to your enquiries.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To facilitate our internal business operations, including to fulfil our legal or regulatory requirements.
  • To maintain and develop our relationship with you.
  • For our business purposes, including data analysis, submitting invoices, detecting, preventing, and responding to actual or potential fraud, illegal activities, or intellectual property infringement.
  • To maintain and update our records including our database of contacts.
  • To evaluate, recruit, and hire personnel.
  • To measure the popularity and effectiveness of services such as newsletters and seminar invitations, in order to improve what we offer to you and other recipients.
  • To ensure that content from our online services is presented in the most effective and secure manner for you and the device on which you are accessing our services, and to troubleshoot, and improve such online services.
  • To allow you to use or access interactive features or secure areas of our online services, when you choose to do so.
  • For research, planning, service development, security or risk management.
  • As we believe reasonably necessary or appropriate to: comply with our legal obligations; respond to legal process or requests for information issued by government authorities or other third parties; or protector your, our, or others’ rights.

We may not be able to do some or all of these things without your personal data.

Sometimes we may need to give information to our agents and subcontractors who assist us in providing services. In these circumstances we always ensure that the information is safe and secure.

If at any time we intend to change the purpose for which we hold your personal data, for example to offer you with a complimentary service that we may provide in the future, we will give you prior information of that new purpose so you are aware of this.

Subject to the above, the information collected about you will not be used for any other purposes and will not be sold or otherwise disclosed to any other organisations, unless required by law, except our successors in title. If we transfer ownership or management of the Site to a third party we may also transfer your data to such third party, provided such third party agrees to observe this Privacy Statement.

8. Disclosure of your information

We may, in providing our services and operating our business, allow access to your personal data to the different entities within our group for our internal administrative purposes such as billing, promoting our events and services, and providing you or your organisation with services, provided in all instances that such processing is consistent with this Privacy Statement and applicable law.

We may exchange your personal data with third-party service providers contracted to us where any of the following apply:

  • You have consented to us sharing your personal data in this way.
  • We deem reasonably necessary to provide you with the services that you have required at any particular time.
  • Such sharing is provided for under contract, including our terms and conditions for any particular service that we may provide to you.
  • Such sharing is to law enforcement bodies or other government authority.
  • We need to enforce or apply our terms and conditions to which you have agreed (or other terms that have been agreed to apply to our relationship with you or your employing organisation).
  • It is necessary to protect the rights and interests, property, or our safety or the safety of our clients or others.
  • It is relevant in the circumstances to disclose the information to parties with whom we have co-promotional arrangements (such as jointly sponsored events, external venues, or caterers).
  • Our agents or contractors who assist us in providing our services require such information, for example in fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in other tasks from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions.
  • We use third party service providers to provide services that involve data processing, for example archival, web-hosting, analytics providers in connection with the operation of our online services, event hosting, information technology providers, auditing, reference checking, professional advisory (including legal, accounting, financial and business consulting), mailing vendor, delivery, technology, website, research, banking, payment, client contact, data processing, insurance, forensic, litigation support, marketing and security services.
  • All, or most, of our assets are merged with or acquired by a third party, or we expand or re-organise our business, in which case your personal data may form part of the transferred or merged assets.
  • We are under a legal, regulatory or professional obligation to do so (for example, in order to comply with a Court Order).

Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide you on our behalf. When such third parties no longer need your personal data to fulfil this service, they will dispose of such details in line with our policy unless they are themselves under a legal obligation to retain the information. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise.

We own the database rights in the information collected via our online services. We do not sell, rent, or otherwise share information that reasonably identifies you or your organisation with unaffiliated entities for their independent use except as expressly described in this Privacy Statement or with your express prior permission.

We may share information that does not reasonably identify you or your organisation as permitted by applicable law.

9. Retention of your data

We retain the information we collect no longer than is reasonably necessary to fulfil the purposes that such data was originally collected in accordance with our internal data retention polices or to comply with our legal and regulatory obligations.

10. Links to other websites

Our site and communications may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. This Privacy Statement does not cover the information practices of those third-party websites.

11. Collection of Anonymous Information

We sometimes collect anonymous information from visits to our site to help us provide better customer service. For example, we measure visitor activity on our Site, but we do so in ways that keeps the information anonymous as more particularly set out in Section 4. We use the information that we collect to measure the number of visitors to the different areas of our Site, and to help us make our Site more useful to visitors. This includes analysing these logs periodically to measure the traffic through our servers, the number of pages visited and the level of demand for pages and topics of interest. None of the information constituted in such logs will include or constitute personal data and such logs may be preserved indefinitely and used at any time and in any way to prevent security breaches and to ensure the integrity of the data on our servers.

12. Information Security

We take steps to hold information securely in electronic or physical form.

Our information security policy is supported by a variety of processes and procedures, and we store information in access-controlled premises or electronic databases requiring logins and passwords. All of our employees, officers or contractors and third-party providers with access to confidential information are subject to access controls and confidentiality obligations, and we require our third-party data storage providers to comply with appropriate information security industry standards.

Whilst we continually strive to ensure that our systems and controls are updated to reflect technological changes, the transmission of information via the internet is not completely secure, and as such we cannot guarantee the security of your data transmitted to our online services which is at your own risk.

It is your responsibility to scan what you choose to download from our Site to ensure that it is free of such items as viruses, worms, Trojan horses and other similar destructive code. If you communicate with us using a non-secure mechanism, you assume the risks that such communications between us are intercepted, not received, delayed, corrupted or are received by persons other than the intended recipient.

Once we have received your information, we will take reasonable steps to use procedures and security features to try to prevent unauthorised access, modification or disclosure.

You can help us to keep your information secure by ensuring that any user name or password in relation to our online services is kept strictly confidential to you and not be made available to any other person. You should stop using your username and password and notify us immediately if you suspect that someone else may be using your user details or password.

13. International Transfers

Where you are submitting personal data from within the European Economic Area (“EEA”), such information may be transferred to countries outside the EEA.

By way of example, this may happen if one or more of our third-party service providers with whom we share personal data in accordance with section 7 (Disclosure of your information) are located, or have their servers located, outside your country or the country from which the data were provided.

If we transfer your information outside the EEA in this way, we will take steps to ensure that your privacy rights continue to be protected to the standard required under applicable data protection laws.

14. Your Rights

Under applicable data protection legislation, we have a duty of care to ensure that your personal data is accurate and up to date. Therefore, please contact us to update or correct your information if this changes or if you believe that any information that we have collected about you is inaccurate at the contact details below.

Where you have consented to our processing of certain personal data, you can at any time withdraw such consent and/or tell us not to contact you with updates and information regarding our products and services (or part of them) either at the point such information is collected, (using an appropriate acknowledgment and consent) or, where you do not wish us to continue to use your information in this way, by following the unsubscribe instructions on any communications sent to you. You can also exercise this right at any time by contacting us using the contact details below.

You can request:

  • access to the personal data we hold about you;
  • corrections or updates to your details;
  • the erasure of your personal data;
  • the portability of personal data that you have provided to us in a structured, commonly used and machine-readable format.

You also have the right to object to, or request the restriction of, our use of your personal data.

If you would like to exercise any of the rights set out in this section, please contact us using the details set out below. We may refuse to provide access where we have legitimate reasons for doing so under applicable data privacy laws, and in exceptional circumstances may charge a fee for access if the relevant legislation allows us to do so, in which case we will provide reasons for our decision.

15. Feedback, including comments, questions and complaints

We value your comments and opinions. If you have any comments, questions or complaints about us or about our use of your information or about this online Privacy Statement, please contact us.

Our contact details are as follows:

Appen Limited
Attention: Data Privacy Officer
Level 6, 9 Help Street,
Chatswood, NSW, 2067,
Australia
Email: dpo@appen.com
Tel: +612 9468 6300

EU representative: Appen(Europe) Ltd
Attention: Data Privacy Officer
Rockeagle House,
Pynes Hill, Exeter, Devon,
EX2 5AZ, UK
Email: dpo@appen.com
Tel: +44 13 9221 3958

If you do not receive a response to your inquiry relating to our privacy practices – or if you feel your inquiry has not been satisfactorily addressed, you may submit a complaint to your local data supervisory authority.

If you make a privacy complaint with us, we will respond to let you know how your complaint will be handled. We may ask you for further details, consult with other parties and keep records regarding your complaint When you send us, or provide us with personal information via email (that is, in a message containing a question or comment, or by filling out a form that emails us this information) or via telephone, we use it to respond to your requests.

16. Changes to the privacy statement

Please note this Privacy Statement will change from time to time. We expect most such changes to be minor, but there may be changes that are more significant.

Regardless, we will post those changes on this page and, if the changes are significant, we will also provide a more prominent notice.

17. Further information

At your request, we can confirm what information we hold about you and how it is processed. If we do hold personal data about you, you can request the following information by contacting us using the details below:

  • Identity and the contact details of the person or organisation that has determined how and why to process your data.
  • The purpose of the processing as well as the legal basis for processing.
  • If the processing is based on our legitimate interests or a third party, information about those interests.
  • The categories of personal data collected, stored and processed.
  • Recipient(s) or categories of recipients that the data is/will be disclosed to.
  • How long the data will be stored.
  • The source of personal data if it wasn’t collected directly from you.
  • Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

Proof of identity is required. All Data Subject Requests can be made through our company website

18. General disclaimers

Neither we nor any of our affiliates, directors, employees or other representatives will be liable for losses arising out of or in connection with the use of our Site to the extent permissible by law.

We are only providing our Site and its contents on a “as is” basis and we make no (and expressly disclaim all) representations and/or warranties of any kind with respect to our Site or its contents including without limitation warranties of merchantability and/or fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible from or via our Site is accurate, complete or current.

The limitations of liability in relation to our Site apply to all damages of any kind, including, without limitation, compensatory, direct, indirect or consequential damages, loss of data, income, production or profit, loss of or damage to property and claims of third parties.

The limitations of liability in relation to our Site do not limit our liability to the extent that it cannot be limited and/or excluded by applicable law.

You are liable for any telephone charges and any charges made by your internet service provider as a result of your use of the internet service.

Appen Limited, Level 6, 9 Help Street Chatswood NSW 2067

privacy@appen.com