Beny Privacy Policy
This policy (‘Privacy Policy’) explains how Beny Pty Ltd (ACN 645 172 872) (‘Beny’, 'we', ‘us’, ‘our’) seeks to protect the Personal Information of individuals. Beny is committed to protecting the safety and security of the personal information of individuals whose information Beny has access to including employers, employees and other persons with whom Beny interacts (each a ‘User’ or ‘you’). The Privacy Policy has been developed in accordance with the Privacy Act 1988 (Cth) (‘Act’)
Under the Act, “Personal Information” is defined as: “Information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
Please read this Privacy Policy carefully in order to understand how your Personal Information is collected, held, used, or otherwise processed by us.
Beny reserves the right to make changes or updates to this Privacy Policy from time to time. If this happens we will update this Privacy Policy and notify you of any changes, most likely via email. However, you should also periodically check this Privacy Policy for any updates.
1. ABOUT BENY
Beny is the creator and provider of a platform that provides employees with access to exclusive health and wellbeing offers, from a range of external service providers, to help support and encourage wellbeing. We provide our services through our app available for download (“App” or “Platform”)
In providing the Beny Platform, we are sensitive to Users’ concerns about the safety of their Personal Information. In essence, Beny will typically only:
● collect, use or share your Personal Information with your consent (unless it is not reasonable in the circumstances to obtain your consent and it is legally permissible for us to do so) or when required by a legal obligation; and
● interact with your Personal Information in order to: (a) provide Users with the Beny Platform and (b) help us improve and develop the Beny Platform.
Beny has developed our privacy framework to assist Users, and to comply with privacy legislation and regulations applicable to us and our management of your Personal Information.
2. HOW BENY COLLECTS YOUR PERSONAL INFORMATION
Beny collects Personal Information from individuals in one of three main ways:
(a) Directly from Users, when they interact with Beny Platform (e.g. if a User submits information during the creation of their account);
(b) Passively from Users, when they interact with our website, online platforms and digital presence;
(c) From third-parties in certain, specific circumstances (e.g. in assessing whether we think the Beny Services will be suitable for a particular individual)
The specifics of Personal Information collected in each situation is discussed further below.
3. WHEN BENY COLLECTS INFORMATION FROM USERS AND WHAT WE COLLECT
(a) Personal Information collected directly
When a User makes an enquiry or sends us an expression of interest on our website, Platform or other point of contact we may collect the following types of Personal Information directly and consensually:
● Basic contact information, including your name, email, phone number; and
● Enquiry information, such as an indication of when you would be interested in using the Platform, or other information provided by you regarding
your enquiry.
When Users register an account on the Platform we may collect the following types of Personal Information directly and consensually from Users:
● Basic contact information, including your name, email, phone number; and
● If you are an employee, employee information including your age, job title, industry/sector, employer, salary range, personal interests; and
● Any payment information that may be required to access the Platform (e.g. credit card information); and
When Users respond to a survey, we may directly and consensually collect the Personal Information disclaimed and explained on the survey form.
When you provide Beny with unsolicited feedback or otherwise interact with Beny on your own accord we may collect any contact information you provide (including Personal Information), as well as your feedback.
(b) Personal Information collected passively
As you use the online and digital components of the Platform (e.g. accessing our website, logging into your account on the Platform, or interacting with our advertisements) or our broader services we may collect the following types of Personal Information about your usage:
● Content that you post and submit, including posts on our social media accounts or on the Platform, as well as similar content that is posted about you by others;
● The following types of browser, system and device information regarding Beny’ and other devices you use to access our digital content:
Locational information, such as in the form of the IP address from which you access the Beny Platform;
Web data tracking information, such as data from cookies stored on your device, including cookie IDs and settings, as well as logs of your usage of the Beny Platform;
● System usage information, including logs of your access to the Platform.
(c) Personal Information collected from third-parties
In certain specific situations, Beny will collect Personal Information about you from thirdparties. The types of Personal Information we may collect include web data tracking information that fit certain parameters of who we think could become Beny Users (e.g. heat maps developed through Google Analytics which track patterns of user interactions with our web pages).
4. WHY BENY COLLECTS YOUR PERSONAL INFORMATION AND WHAT WE USE IT FOR
Although Beny collects Personal Information from Users in a number of circumstances, Beny will only collect this information in order to provide and develop the Beny Platform and associated services. Here are the main ways we use Personal Information to achieve these objectives:
Communicating with Users
Beny will use basic contact and enquiry information in order to communicate with individuals about their enquiries, interest in events and for other administrative purposes related to the specific reason for which the Personal Information was collected.
If Users have consented, Beny will also use these types of Personal Information to share relevant news and updates about Beny and the Beny Platform.
Administration and delivery of the Platform
Beny will use basic contact and account registration information to engage with Users for administrative purposes (e.g. resetting account password) and to effectively and efficiently provide them with the Beny Platform and associated services.
If you are a User who is an employer, Beny may use your employer information to verify your identity and business details.
If you are a User who is an employee representative, Beny may use your employee representative information to verify your identity and place of work.
Research and development
Beny might use survey information to develop, test and improve the Beny Platform and associated services. Beny preference will be to de-identify this information first.
Marketing
Where Users have consented, Beny will use basic contact and enquiry to provide Users with relevant marketing materials and offers. Users can always opt out of this through the functionality provided in each marketing communication (e.g. by clicking “unsubscribe” at the bottom of the communication).
Beny will also use passively collected web data tracking information to display marketing materials and offers on third-party websites (e.g. if you have visited an Beny program page, we may use cookies to later display banner advertisements to Users on LinkedIn). Users can stop or manage web data tracking information through their browser preferences.
5. BENY DISCLOSURE OF PERSONAL INFORMATION
Generally, Beny does not disclose Personal Information to any third-parties except:
● Service providers Beny engages to help us provide and develop the Beny Platform (e.g. cloud service providers or consultants);
● In the case of employees, the Users’ employer; and
● Law enforcement agencies, or another party that has a legitimate legal right to access the information.
The above disclosures will only be made in circumstances where the recipient has provided an undertaking that they will maintain the confidentiality of the information and that they recognise the appropriate limitations placed on the use of the information. Disclosures will also always be in accordance with this Privacy Policy. In the case of Users’ organisations, Beny will seek the explicit consent of the User before disclosing their information.
Overseas Disclosure
Beny does not currently disclose any Personal Information to overseas entities or third parties.
If this changes in the future, we will endeavor to ensure overseas disclosures are always made once Beny has taken all reasonable steps to determine the information will be treated as at least as favourably under the Act and other applicable privacy laws.
6. BENY TREATMENT AND STORAGE OF INFORMATION
Beny general approach
Beny will keep your Personal Information confidential and not sell or knowingly divulge User information to any external third-parties, unless:
● We believe, in good faith, that we are required to share the Personal Information with a third party in order to comply with legitimate legal obligations;
● The disclosure is to a third-party processor of Personal Information that acts on our behalf and/or under our instruction in order to enable us to deliver the Beny Platform (e.g. a cloud service provider);and/or
● To protect the safety of Users, and the security our Beny Platform.
Beny seeks the informed and voluntary consent of individuals whenever it collects their information, or as soon as possible after.
Users can always refuse or revoke this consent, but sometimes this will affect Beny ability to provide them with the Beny Platform and associated services. Beny will advise Users if this is the case.
Security
Beny is committed to information security. We will use all reasonable endeavours to keep the Personal Information we collect, hold and use in a secure environment.
When information collected or used by Beny it is stored on third-party service providers (e.g. AWS cloud servers) and transmitted using encrypted means. Beny takes reasonable steps to ensure these third-parties use industry standard security.
As part of our privacy framework we endeavour to routinely review these security procedures and consider the appropriateness of new technologies and methods.
Data Breaches
In the circumstances where Beny suffers a data breach that contains Personal Information, we will endeavour to take all necessary steps to comply with the Notifiable Data Breach Scheme outlined under the Act.
This means we will immediately make an objective assessment of whether a breach of Personal Information is likely to result in serious harm to individuals, and if this is the case, endeavour to notify the affected individual(s) and the Australian Information Commissioner.
7. BENY RETENTION OF INFORMATION
Beny retains Personal Information until it is no longer needed to provide or develop the Beny Platform and associated services, or until the individual who the Personal Information concerns asks us to delete it, whichever comes first. It may take up to 30 days to delete Personal Information from our systems following a valid request for deletion.
However, Beny will retain:
● Personal Information in circumstances where we have legal and regulatory obligations to do so (e.g. for law enforcement purposes, employment law, corporate or tax record keeping, and where the information is relevant to legitimate legal proceedings, or in keeping with its’ requirements under other Australian record keeping legislation such as the Public Records Act 1973 (Vic)); and
● Anonymised information for analytic and service development purposes.
The information we retain will be handled in accordance with this Privacy Policy.
8. MANAGING PERSONAL INFORMATION YOUR INFORMATION
Accessing and ensuring the accuracy of Personal Information
Beny takes reasonable steps to ensure that the Personal Information we collect and hold is accurate, up to date and complete.
Users have a right to access and request the correction of any of Personal Information we hold about them at any time. Any such requests should be made by directly contacting us at the details set out below. Beny will grant access to the extent required or authorised by the Act and applicable laws, and will take all reasonable steps to correct the relevant Personal Information where appropriate.
There may be circumstances in which Beny cannot provide Users with access to information. We will advise you of these reasons if this is the case.
Contacting Beny
Beny has appointed a Privacy Officer to be the first point of contact for all privacy related matters and to assist in ensuring our compliance with our privacy obligations.
Privacy Officer
Privacy Officer : tom.brown@beny.com.au
8/2 Brandon Park Drive
Wheelers Hill VIC 3150
ACN: 645 172 872
If you have any queries or wish to make a complaint about a breach of this policy, the Act or the Health Records Act, you can contact or lodge a complaint to our Privacy Officer using the contact details above. You will need to provide sufficient details regarding your complaint as well as any supporting evidence and/or information.
The Privacy Offer will respond to your query or complaint as quickly as possible. Beny will contact you if we require any additional information from you and will notify you in writing (which includes electronic communication via email) of the relevant determination. If you are not satisfied with the determination you can contact us to discuss your concerns or complain to the Australian Privacy Commissioner via www.oaic.gov.au.
