Updated: 29 September 2022
The Contextual Platform (“Platform”) is an automated communication platform for Mobile and Web applications (Apps).
The Platform is made available by CONTEXTUAL.AI [ABN:16 149 713 342] (”Contextual”, “us”, “we” or “Company”) to your organisation (“you”).
- “App Owners”: Platform Dashboard users, developers, customers or other people who communicate with us or integrate with the Platform.
- “End users”: of an App (created and controlled by an App Owner or their delegate) that uses the Platform that may have questions.
- “Plan”: the recurring subscription that App Owners pay to access the Platform and its services.
The components of the Platform are:
(i) the Platform, documentation, sample code and any fixes, updates and upgrades provided;
(ii) the Platform Application Programming Interface (“Contextual API”, “Contextual API”), the SDK Libraries necessary for an App Owner to install and deploy in order to make use of Contextual functionality;
(iii) the Platform Dashboard, analysis, testing, messaging tools and administrative console; and
(iv) a variety of reports related to the behaviour and usage patterns of users using an App (“Reports”). The Platform may be used by an App Owner for the purposes of app content, communications, monitoring, campaign generation & reporting, messaging, push notifications and analytics according to the Plan to which they have subscribed.
App Owner Rights and Choices
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our platform features.
Contextual is in agreement with rights of the Data Subject as set forth in Regulation (EU) 2016/679 of The European Parliament and of The Council of 27 April 2016. To that end, Contextual has instituted policies that address the rights of the Data Subject, including, transparency, information and access to Personal Data, retention, rectification and erasure, and restriction on processing and portability. Please refer to the section: European Economic Area (“EEA”) Residents and – General Data Protection Regulation (“GDPR”).
Contextual will offer you the opportunity to choose (opt out) whether their Personal Data is: (1) to be disclosed to a third party; or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. For sensitive personal information, Contextual will give individuals the opportunity or explicitly (opt in) consent to the disclosure of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Hubstaff shall treat sensitive personal information received from an individual the same as the individual would treat and identify it as sensitive personal information
App Owner Responsibility
To provide value to these Apps our SDK may (subject to Application Developer design decisions) may send proximity, preferences and usage data as detailed below.
ANONYMITY: The Platform provides many features to customer Apps that do not require personal identity information. It is the application developer’s option to provide additional information to the Platform. The Platform is designed to be able to still engage with App users without asking them to provide personal details – often it’s HOW the user uses the App rather than WHO they are.
DEVICE ANONYMITY: Over the years there has been concerns over Apple iOS’s UDID being collected and its impact on privacy. Contextual does not collect this.
How we collect personal information
Information is collected and aggregated on 2 levels:
- “Install ID” – an abstract identifier created by the Platform for each individual installed application per device (a phone, tablet etc)
- “sh_cuid” – an abstract identifier made available by the Platform for each individual “user” that may be optionally used by the App developer. Typically this is done to link the user with their own system. This sh_cuid could remain abstract or an App Owner/developer may elect to use something like an email address – this is their choice.
Other data is then attached to these identifiers based on the customer application implementation (the developer chooses to “tag” a profile with data based on a user behaviour/information – for example:
- a ‘button-click’
- a gender could be tagged to a ‘sh_cuid’ without linking that with any personally identifiable information.
A developer will typically do this in order to provide some automation, segmentation or reporting.
Therefore, we only collect information about you when the App Owner supplied to us directly, and/or when you install & interact with the App on a voluntary basis. For example, we will collect information when:
- You start your App – which approximately tells us where you are (IF the developer has opted to use our location services AND you have opted-in to that feature).
- You do an action that a customer’s application developer logs, for example:
- the “tag” activity discussed above
- entering and exiting App screens
- backgrounding the App
- Your app ‘crashes’. This is actually non-personalised information to tell us the code location and nature of the crash that occurred.
For a full list of data that can be collected by the Platform, please refer to our API documentation, specifically this section: https://dashboard.contextu.al/api/#/installs
App Usage of API
The Platform enables the App Owner/developer (at their discretion) to store/remove this data on the Contextual Platform. Please refer to https://dashboard.contextu.al/api/ and ask your App Owner if this feature is being used. Of course, when you share this information in the App.
Outside the Platform
We also collect personal information about you in the normal process of doing business:
- Communicate with us via email, our website or completing a survey
- Enter a promotion or competition or respond to an offer
The personal information we are likely to collect from you is derived from the information you provide to us, and what you do when you communicate with us. Information can include such things as your name, address, mobile phone number, email address along with transactional information.
We do not collect or retain credit card numbers.
It is our policy not to sell or pass this information to any other organisations unless we are required to do so for legal reasons.
Blogs, bulletin boards, reviews and chat rooms
What we collect other than personal information
Site and mobile use information
When you use our website we may collect non-identifiable information including your client IP Address, the App Owner’s server address, the type of internet browser you use, the date and time of your visit, the particular pages and items you accessed and the information you download. This information may be used by us (or third party contractors) in anonymous aggregated form for statistical purposes so that we can monitor and improve the quality of the website and app.
We may use standard Internet and mobile technology, such as web beacons, GPS, links and other similar technologies, to track your use of the Company’s website or Platform. We also may include web beacons in promotional or other e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customise the services we offer you and to measure the overall effectiveness of our online communications, advertising, content, programming or other activities.
How we use your personal information
We generally use your personal information to provide a personalised service to you, and more generally to conduct a business relationship with you. We also use the information you provide to develop and improve our products and services. If you enter a competition or promotion, we will use your personal information to conduct that competition, promotion or offer and to comply with any regulatory requirements (such as notifying State/Territory lottery departments and publishing winner(s) names if required). We may also use your personal information to notify you about changes to our products or services, new products and future offers in which we think you may be interested. If you prefer not to receive such information, please follow the unsubscribe instructions contained in the particular communication.
Your choices about collection and use of your information
You can choose not to provide us with certain information, but that may result in you being unable to use some features because such information may be required in order for you to have personalised response.
Disclosure to third parties
We may disclose your personal information to third parties in the following circumstances:
- To third parties whom you have been informed of at the time of collection
- To our suppliers or distributors or other third parties to whom disclosure is necessary to fulfil the purpose for which the personal information has been collected
- To any entity to which we are required or authorised by law to disclose such information
- We use Microsoft Azure, Amazon AWS and Digital Ocean for our servers and have good reason to believe data is not accessed by their staff or other entities – however recent events reported in the press indicate that some government agencies do have access beyond the scope of (iii).
- To our professional advisors
We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorised access and disclosure. For example, only authorised employees are permitted to access personal information, and they may do so only for permitted business functions. In addition, we use firewalls to help prevent unauthorised persons from gaining access to your personal information.
We want you to feel confident using the Platform to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email.
The Platform is a general audience platform, and we do not knowingly collect personal information from children under the age of 13. You may wish to confirm with your App Owner.
Accessing and correcting your personal information
You may request access to, update or change personal information that we hold about you by contacting our Privacy Officer in writing at email@example.com. However we suggest that you contact your App Owner first as they likely have additional data collected when you use their App.
For Residents of the European Economic Area (“EEA”) – General Data Protection Regulation (“GDPR”)
Lawful Bases to Process Your Personal Data
- Where we need to offer our platform(s) to 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.
For App Owners (under the definitions of GDPR you are the ‘controller’):
- The lawful basis for collecting your Identity and Contact Data to register you as a new customer is the provision our platform(s) for you to use.
- The lawful bases for collecting your Identity, Contact, Financial, Transaction and Marketing and Communications Data to process and deliver your purchases are (a) the provision our platform(s) for you to use and (b) it is necessary for our legitimate interests.
- The lawful bases for collecting your Identity, Contact, Profile, and Marketing and Communications Data to manage a relationship with you are (a) provision our platform(s) for you to use and (b) it is necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services).
- The lawful bases for collecting your Identity, Contact, Profile, Usage, and Marketing and Communications Data to enable you to partake in a contest, competition or complete a survey are (a) provision our platform(s) for you to use and (b) it is necessary for our legitimate interests (to study how customers use our products and services, to develop them and grow our business).
- The lawful basis to collect your Identity, Contact, and Technical Data to administer and protect our business and the Service is that it is necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise).
- The lawful basis to collect your Identity, Contact, Profile, Usage, Marketing and Communications, and Technical Data to deliver relevant Service content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you is that it is necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy).
- The lawful basis to collect Technical and Usage Data to use data analytics to improve our Service, marketing, customer relationships and experiences is that it is necessary for our legitimate interests (to define types of customers for our products and services, to keep our Service updated and relevant, to develop our business and to inform our marketing strategy).
- The lawful basis to collect Identity, Contact, Profile, Usage, and Technical Data to make suggestions and recommendations to you about goods or services that may be of interest to you is that it is necessary for legitimate interests (to develop our products/services and grow our business).
For End Users:
- Where an App Owner has made a decision to share selected information, please refer to the section “App Owner Responsibilities”.
We do not collect any Special Categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
We may have to share your personal data with the parties set out below for the purposes described in this Policy.
External Third Parties
- Service providers acting as processors based in the United States who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United States and Australia who provide consultancy, banking, legal, insurance and accounting services.
- Specific third parties that are components of our business systems such as Google, Microsoft, Amazon, Braintree, MailChimp, Autopilot, Zapier, Lucky Orange, PipeDrive, Xero and Chatlio.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We are based in the United States and Australia, our hosts are with Microsoft Azure located in the US which is where all of your data will be processed.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 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.
We will only retain your personal data 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 unauthorized 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. In some circumstances you can ask us to delete your data. In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS UNDER THE GDPR
Under certain circumstances, EEA residents have rights under data protection laws in relation to their personal data. If you are an EEA resident, you have the right to exercise any of the rights set out below, in order to do so:
App Owners: you may contact our Privacy Officer. Under the definitions of GDPR you are the ‘controller’.
End Users: contact the DPO or Privacy Officer of your App Owner (controller). We cannot alter App Owner data without their specific written authority.
App Owners exercising a right for a specific End User: you should provide us: the required action and one or more of sh_cuid, installid.
Request access to your personal data. 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. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to 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.
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. 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. 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.
Australian Privacy Principles
Currently Contextual is classified as a “small business operator” and therefore is not covered by the Privacy Act 1988 or the Australian Privacy Principles (APPs) contained within. We are however committed to ensuring the privacy of your personal information and the above Policy addresses many of the 2014 APPs.
We reserve the right to modify this Policy at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Platform indicates your acceptance of the amended Policy.