Privacy policy

1.1 DAIV Pty Ltd ACN 693 250 083 (“we”, “us”, or “our”) is pleased to offer you ‘DAIV’ a service that aspires to:

1. (a)

   (a) extract project critical information from construction contracts;

2. (b)

   (b) synthesise that information with third party data streams to contextualise that information to a work site in real time; and

3. (c)

   (c) assist you to efficiently and conveniently manage your construction contract obligations.

1.2 We have sought to embed in the design and provision of DAIV compliance with our obligations under the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles.

1.3 You must not use DAIV unless you agree to this Privacy Policy.

2.1 You may provide input (such as a construction contract) to DAIV (Input), and receive output from DAIV based on the Input (Output). Input and Output are collectively ‘Content’.

2.2 Input may include:

1. (a)

   (a) your name, email address and phone number that we obtain when you register to use DAIV; and

2. (b)

   (b) any information you upload to DAIV, including information about your construction project and persons involved in the project; and

3. (c)

   (c) information that your browser or device automatically sends when you use DAIV.

2.3 You consent to us collecting, holding, using and disclosing personal information subsisting in the Content in accordance with this Privacy Policy.

2.4 We may collect personal information in a number of other ways, for example:

1. (a)

   (a) if you contact us with a query (whether in person, or by phone, email, through our website or through social media (for example, Instagram, Facebook and Twitter));

2. (b)

   (b) if you respond to one of our marketing campaigns;

3. (c)

   (c) from chat bots.

We collect personal information from you to:

1. (a)

   (a) allow DAIV to properly function;

2. (b)

   (b) respond to queries that you may have about DAIV;

3. (c)

   (c) facilitate payment for DAIV;

4. (d)

   (d) respond to queries, concerns, feedback or complaints that you may have about DAIV;

5. (e)

   (e) maintain records for accounting and administration purposes;

6. (f)

   (f) analyse customer needs and develop customer strategies to enhance DAIV and tailor our offerings; and

7. (g)

   (g) to meet legal and regulatory requirements.

4.1 DAIV is powered by large language models made by different AI providers, including Anthropic, OpenAI, Amazon and Google (Model Vendors). By taking your Input, and applying a series of sequential transformations using those models, DAIV hopes to provide you with useful Output. During this process, your Input is provided to Model Vendors.

4.2 You acknowledge:

1. (a)

   (a) the Model Vendors have agreed with us to use and store your Input in accordance with their terms and conditions and privacy policy as they are amended from time to time;

2. (b)

   (b) you may request from us at any time a copy of the terms and conditions and privacy policy of any Model Vendor (Model Vendor Terms), and we will provide that to you within 30 days;

3. (c)

   (c) you agree to the Model Vendor Terms, and that the Model Vendor may use and process your personal information in accordance with the Model Vendor Terms;

4. (d)

   (d) we are not liable for any act or omission of a Model Vendor.

4.3 We use reasonable efforts to ensure that Model Vendors:

1. (a)

   (a) do not use your Input to train their models;

2. (b)

   (b) do not store your Input for longer than necessary; and

3. (c)

   (c) apply reasonable security controls (like encryption and access control) to Input.

5.1 We may collect the following personal information about you or those in your organisation:

1. (a)

   (a) Personal details:your name, date of birth, sex, address, telephone (including mobile phone number where provided), email address and other identification details such as your driver's licence or passport number;

2. (b)

   (b) Your communications: information provided in communications with us;

3. (c)

   (c) Business information: data identifying you in relation to commercial dealings we have with you or the business you represent;

4. (d)

   (d) Information from public sources: such as LinkedIn and similar professional networks, directories or internet publications;

5. (e)

   (e) Subscriptions/preferences: when you subscribe to receive information or updates from us, or content preferences that let us know what you are interested in;

6. (f)

   (f) Supplier data: contact details and other information about you or your company or organisation where you provide services to us;

7. (g)

   (g) Social media: posts, Likes, tweets and other interactions with our social media presence;

8. (h)

   (h) Medical information: if for example anyone in your organisation sustains an injury or has a medical emergency.

5.2 We may receive personal information directly from you, the company or organisation you represent, or screening providers who assist us with our legal obligations.

5.3 We do not collect personal information about your online activities across third party websites or online services.

5.4 We may also de-identify, aggregate and collate information to analyse customer behaviours and patterns in order to enhance and tailor DAIV including generating reports used by marketing and operations teams for promotions, marketing, publicity, research, operational and profiting purposes.

6.1 We use your personal information for the following purposes:

1. (a)

   (a) Service provision: delivering DAIV;

2. (b)

   (b) Business relationship: developing our relationship with you, your company or organisation;

3. (c)

   (c) Communication: communicating with you to keep you informed of our products and services, and market insights;

4. (d)

   (d) Client surveys and feedback: reviewing feedback from you and responding to your concerns;

5. (e)

   (e) Website monitoring: to monitor our website and our other technology services, to ensure they are used appropriately and working as intended, including tracking outages, unauthorised use, or troubleshooting issues that you report to us;

6. (f)

   (f) Online security: protecting our information and technology platforms from hacks, or identifying and addressing malware and other security threats;

7. (g)

   (g) Regulatory: compliance with law, including auditing and reporting requirements.

7.1 You consent to us providing personal information we collect to a prospective or actual purchaser of our shares or business to allow that purchaser to:

1. (a)

   (a) conduct due diligence on our business; or

2. (b)

   (b) complete a change of control in our business or a sale or transfer of business assets; or

3. (c)

   (c) receive (to the extent permissible at law) our user databases, together with any of your personal information and non-personal information contained in those databases.

8.1 Our website, email updates and other communications may, from time to time, contain links to and from the websites of others. The personal information that you provide through these websites is not subject to this Privacy Policy and the treatment of your personal information by such websites is not our responsibility.

8.2 If you follow a link to any other websites, please note that these websites have their own privacy notices which will set out how your information is collected and processed when visiting those sites.

9.1 The collection of Sensitive Information (for example, racial origin, sexual orientation, religious beliefs and health information) is restricted by the Privacy Act. We will not collect Sensitive Information about you unless:

1. (a)

   (a) it is necessary for one of our functions or activities and you have consented to that collection; or

2. (b)

   (b) we need to protect your vital interests or those of another person (for example, in medical emergencies);

3. (c)

   (c) you have manifestly made the data public for example published on social media; or

4. (d)

   (d) we are otherwise required or authorised by or under law to do so such as complying with health and safety regulations, or dealing with actual or suspected criminal offences.

We may share your information with others including:

1. (a)

   (a) Model Vendors: to allow DAIV to operate properly;

2. (b)

   (b) Suppliers: who provide our business with goods and services, including IT and communication suppliers, outsourced business support, marketing and advertising agencies;

3. (c)

   (c) Shared service centres: that we or third parties operate including IT services, marketing, risk management and office support services;

4. (d)

   (d) Law enforcement bodies and our regulators: or authorities in accordance with law or good practice;

5. (e)

   (e) Financial institutions: for payment processing, referees, referrals or guarantors whose details you have provided to us;

6. (f)

   (f) Appropriate parties in the event of emergencies: in particular to protect health and safety of you, our customers, staff and organisations;

7. (g)

   (g) Your company or organisation: in relation to us providing our goods and services;

8. (h)

   (h) Advertising networks and analytics providers: to support and display ads on our website, apps and other social media tools;

9. (i)

   (i) Independent contractors: including website designers, marketing and communications agencies, call centres, mailing houses, freight and courier services, printers and distributors of direct material;

10. (j)

    (j) Other third parties: including risk management and office support service providers for example to assist in providing and enhancing our Wi-Fi capabilities.

In some cases, you may provide personal information to us about other people (such as those working on your construction projects, customers, suppliers, directors, officers, shareholders or beneficial owners). You warrant that you are permitted to disclose that information to us.

We will store and process your information securely using good practice physical, technical and administrative security measures. However, exchanging information by the internet is not completely secure. Although we will take reasonable measures to protect your personal information, we cannot guarantee the security of information you transmit, so any transmission is at your own risk.

We do not disclose your personal information to recipients which are located outside Australia. When transmitting data to Model Vendors, we select the Model Vendor's servers in Australia.

We retain the data we collect for different periods of time depending on what it is, how we use it, and how you configure your settings in our website or app. We generally keep your information as needed to provide our goods and services to you and to deal with claims. We will retain your information as necessary to comply with legal, accounting or regulatory requirements. Typical retention periods will range from 3 to 15 years.

15.1 We may use the information you give us on our website or other means for direct marketing purposes to provide emails, newsletters and other messages to keep you informed of legal developments, market insights and of DAIV including events that we think may interest you.

15.2 You can opt-out of receiving direct marketing from us at any time. You can do this by changing your marketing preferences on your online account settings page or clicking on the “unsubscribe” link included at the end of any marketing email we send to you.

16.1 When you access our website, we collect information about your visit including URL clickstream to, through and from our website (including date and time), information about your network such as information about devices, nodes, configurations, connection speeds and network application performance, pages viewed or searched for, page response times, download errors, length of visits and interaction information (such as scrolling, clicks, mouse-overs) and other similar information and whether you click on particular links or open our emails. We may also collect your IP address, time zone setting, browser plug-in types and versions, operating system you are using, device type, hardware model, MAC address, unique identifiers and mobile network information.

16.2 A cookie is a small data file that a website transfers to your internet browser for identification purposes. The cookies that we use do not identify you individually. Instead, they identify your internet browser. We use cookies to maintain session information about you when you log into our website, which enables us to personalise your current visit.

16.3 Most internet browsers are set to accept cookies. If you prefer not to receive them, you can adjust your browser to reject cookies, or to notify you when they are being used. There are also software products available that can manage cookies for you. Rejecting cookies can however limit the functionality of our website.

17.1 We may change this Privacy Policy by:

1. (a)

   (a) giving you at least 30 days' notice; or

2. (b)

   (b) sending you notice of the changes to the email address that you used to register with us, and allowing you 30 days from the date of that notice to stop using DAIV.

17.2 You are responsible for informing yourself of any changes to this Privacy Policy, including on the website or by way of email, and you should familiarise yourself with the changes. You will be taken to have consented to the amendment of this Privacy Policy by your continued use of DAIV.

18.1 You may access or request correction of the personal information that we hold about you by contacting us. Our contact details are set out below.

18.2 We will respond to your requests to access or correct personal information in a reasonable time (and no more than 30 days after your request). We will take all reasonable steps to ensure that the personal information we hold about you remains accurate and up to date.

18.3 There is no charge for requesting access to your personal information, but we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material).

18.4 Access to personal information may be refused in a number of circumstances, such as where the information relates to anticipated legal proceedings or the request for access is frivolous or vexatious. Similarly, in some limited circumstances we may not make requested corrections to personal information, in which case we will provide you with written reasons for this decision.

19.1 If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal information, you should contact us. Our contact details are set out below.

19.2 We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.

19.3 If you remain unsatisfied with the way in which we have handled a privacy issue, you may approach an independent advisor or contact the Office of the Australian Information Commissioner (OAIC) (www.oaic.gov.au) for guidance on alternative courses of action which may be available.