Privacy and cookie policy

Welcome to the privacy policy of Phocas Group Pty Ltd and its wholly-owned subsidiaries Phocas UK Limited, Phocas Pty Limited and Phocas, Inc. (“Phocas”, “us” or “we”). Phocas is committed to protecting and respecting your privacy.

This privacy policy will inform you as to how we look after your personal data (regardless of how we obtain such personal data) and tell you about your privacy rights and how the law protects you. It also provides you with information regarding our use of cookies. Please note that if you purchase or try any of our software solutions, our processing of personal data submitted when you use that solution will be governed by the separate contract between you and us relating to your use of our solution. This policy describes our general practice and procedure for collecting, using and disclosing information about employees, agents, officers, workers and contractors of our customers, those of our commercial partners and visitors to our website (Individuals).

This privacy policy is provided in a layered format so you can click through to the specific areas set out below.

Purpose of this privacy policy

This privacy policy aims to give you information on:

• how Phocas collects and processes your personal data through your use of the Phocas website (Website), including any data you may provide through the Website when you sign up to our business intelligence blog, request a demonstration, purchase a product or service, take part in a competition, contact us, schedule a demonstration or login to the Website portal, register to become a partner, fill in the ‘Contact Us’ section of the Website, give us feedback or submit comments on a Case Study;

• how Phocas collects and processes data provided to us in the provision of our services to the persons or companies who engage Phocas (our ‘Customers’); and

• how Phocas collects and processes data relating to other persons or companies having a business relationship with Phocas.

The Website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it and regarding cookies.

If you have not already read our Terms of Website Use, please do so at https://www.phocassoftware.com/terms/website-use.

• Technical Data includes internet protocol (IP) address, 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 the Website.

• Profile Data includes your job role, industry, your firm’s revenue and number of employees, your purchases, your feedback, your survey responses and other feedback provided by you relating to your use of the Phocas services.

• Usage Data includes information about how you use the Website and the features you interact with on the Website, our products and our services and information you submit to us in relation to any support issues.

• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties, your interactions with our marketing communications and your communication preferences.

• Financial Data includes bank account and/or payment card details.

• Transaction Data includes details about payments to and from Phocas and other details of products and services you have purchased from Phocas.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

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.

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 goods or 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.

Cookies

We may collect Technical Data about your computer for system administration and statistical analysis. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using cookies. A cookie is a small file which is stored on the hard drive of your computer. They help us to improve the Website and to deliver a better and more personalised service. We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of the Website. They include, for example, cookies that enable you to log into secure areas of the Website, submit comments to our blog or use submission forms.

• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way the Website works, for example, by ensuring that users are finding what they are looking for easily.

• Functionality cookies. These are used to recognise you when you return to the Website. This enables us to personalise our content for you to remember your preferences (for example, your choice of language or region).

• Targeting cookies. These cookies record your visit to the Website, the pages you have visited and the links you have followed. We will use this information to make the Website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

The cookies our site uses

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

• • analytics providers such as Google Analytics based outside the EU, Hubspot Analytics based outside the EU, Wistia based outside the EU, Inspectlet based outside the EU, Crazy Egg based outside the EU and Privy based outside the EU;

  • advertising networks such as Google Ads based outside the EU, Bing Ads based outside the EU, Facebook Ads based outside the EU, Linkedin Ads based outside the EU and Adroll based outside the EU;

  • search information providers such as Google Analytics based outside the EU; and

  • Swiftype based outside the EU.

How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

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. Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

• Internal third parties - companies in the Phocas Group acting as joint controllers or processors and who are based in Australia and the USA and provide IT and system administration services and undertake leadership reporting.

• External third parties – these include:

  • Service providers acting as processors, some of whom are based in the UK, the United States and Australia who help us run the Website, for the purposes of hosting and running the Website and our services, to provide support services to our Customer, and performing the transactions concluded through the Website. These third parties include (but are not limited to) Hubspot, Inc and AWS Services.

  • Service providers acting as processors, some of whom are based in the UK, USA and Australia whose services enable us to send marketing communications to our Customers, measure the effectiveness of marketing communications, send feedback requests and surveys to our Customers. Service providers acting as processors who provide IT and system administration services which enable us to provide our services to our Customers. Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting service.

  • HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

  • Customers acting as controllers who require us to provide Profile Data regarding use of our services by their users.

• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. We may also have to share your personal information with third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Website Use, Terms of Service or any other terms or agreements.

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.

International transfers

We share your personal data within the Phocas Group. This will involve transferring your data outside the European Economic Area (EEA).

Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Details of retention periods for different aspects of your personal data can be requested from us by contacting us. By law, we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes.

In some circumstances, we may aggregate your personal data (so that it can no longer be associated with you) for research or statistical purposes.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:

• 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. This is commonly known as a "data subject access request".

• Request correction of your personal data: 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 can also 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.

• 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 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 transfer of your personal data: we will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. (Note: 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.)

If you wish to exercise any of the rights set out above, please contact us.