Effective Date: July 2023
This Privacy Notice (“Privacy Notice” or “Notice”) explains the privacy practices of WildJar Holdings Pty Ltd. (“WildJar”, “we” or “our”). It describes the ways in which we collect, use (and don’t use), and disclose or sell the information we receive from you, including from our business customers who use our services to interact with you as well as information we receive via our websites (such as wildjar.com and portal.wildjar.com), in order for you to use our Services, which we define and describe in this Notice. Our websites are referred to collectively in this Notice as “Sites.”
By using the Sites and Services (as defined below), you consent to the terms of this Privacy Notice. If you do not agree to the terms and conditions of this Privacy Notice, including having your “Personal Information” used in any of the ways described in this Privacy Notice, then do not provide us with your information. If you don’t provide us with your information you may not be able to use certain parts or features of the Sites or the Services.
Use of the Sites and Services by you following our posting of a new Privacy Notice on our Sites constitutes your acceptance of the Privacy Notice as modified. In the event we materially change the way in which we use your Personal Information, where required by law we will provide you with notice and ask you to affirmatively accept these material changes.
How to Contact Us
If you have any questions about this Privacy Notice, please contact us by emailing firstname.lastname@example.org. You can also write to us at WildJar Pty Ltd., Ground Floor, Level 2, 39 Terry Street, Rozelle, 2039 Attention: Privacy, or contact us by phone at 1300 317 533
Description of Our Services
The WildJar “Services” consist of online, offline and mobile offerings that help our customers track and optimise their call services, including software that can track and record customer calls and that give our customers the ability to use online communication for measuring marketing campaigns, improving customer service, and improving sales performance. Our services may change and be updated from time to time, and further details on our services can be found at www.wildjar.com/all-features/
Collection of Personal Information
When you register on our Sites or use our Sites or Services, we collect your Personal Information. In this Privacy Notice, the term “Personal Information” refers to information that tells us specifically who you are, such as your name, phone number, email, and postal address, as well as other data associated with you that is deemed to be personal information under the privacy laws of different states or countries. Privacy laws may refer to such information as, for example, “personal data” (UK and EU), “personally identifiable information” (US FTC regulations and various state laws), or “personal information” (Australian privacy laws). We use Personal Information to refer to all of these terms.
WildJar collects the information on the callers that call our business customers through the dedicated phone numbers that our business customers have purchased through WildJar (or numbers our business customers have requested be ported into WildJar from another provider). This information includes: (1) the caller’s phone number; (2) the name displayed on the Caller ID (when available); (3) call recordings and transcripts of calls you place to us or to our customers when using our Services; and (4) other data that may be correlated through our business customer’s data sources (for example, customer data from CRM systems), personal data sources (for example, social contacts and email inboxes), and third party data services (for example, White Pages, Yellow Pages). The data is collected in order to display relevant caller information related to an incoming phone call. With respect to our use of data collected from third party data services, the transmission of such data is encrypted using TLS encryption and all data cached is deleted and is not stored by WildJar for any longer than necessary for business purposes. We do not share this data outside of the Services. We may use this data to increase the accuracy of caller information and provide more specific information to our customers regarding the call location, to describe the types of businesses that engage with our customers and to determine call histories for analytics purposes.
You may opt out of providing your Personal Information by not entering it when asked or by following the instructions provided elsewhere in this Privacy Notice and our Cookie Notice.
How We Use Your Personal Information
Personal information you provide to WildJar or our customers who use our Services to interact with you may be used to:
• Discuss products or services we provide
• Provide our services that you or our customers have requested
• Personalise and customise our Services to your or our customers’ preferences
• Make improvements to our sites and marketing campaigns
• Resolve requests for customer support
• Send information regarding WildJar, such as promotions, contests and events
• Send an email newsletter regarding information we think you will be interested in
• Comply with our contracts with customers and other third parties
• Comply with applicable laws and regulatory or law-enforcement requirements
Disclosures and Transfers of Personal Information
We do not share with or disclose Personal Information to third parties, except when one or more of the following conditions is true:
• We have your permission to make the disclosure;
• The disclosure is necessary for the purpose for which the Personal Information was obtained;
• The disclosure is to our credit card service provider in order to fulfill and carry out the purchase and provision of the Services requested by you;
• The disclosure is permitted or required by relevant law;
• The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
• The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
• The disclosure is for our own marketing purposes, or, with your authorisation, for the marketing purposes of third parties;
• The party to whom the disclosure is made controls, is controlled by, or is under common control with WildJar;
• The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena, or government request, or in connection with litigation;
• The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of the WildJar Terms of Service or other contracts, even without a subpoena, warrant or court order; or
• The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, providing marketing assistance, and data analysis, including our service providers that may be outside the country or jurisdiction in which you reside.
Opting Out of WildJar Marketing
You may opt out of being contacted by us, or receiving such information from us, at any time by sending an email to email@example.com. Current customers can either send an email to firstname.lastname@example.org or submit a ticket through https://support.wildjar.com. You may be able to stop receiving some marketing communications, such as emails, by using the “unsubscribe” option provided in our marketing messages. There may be exceptions to fulfilling your request as outlined in this Notice, such as for communications to our customers that are important for the use of our Services.
We may also email you information regarding updates to the Services and to send information regarding WildJar, such as promotions, contests and events. Again, email will not be distributed or shared with third parties and you can opt out of receiving any marketing communications by emailing email@example.com at the time it is distributed, or at the time any individual registers for the Service.
If, at any time after registering for information or ordering the Service, you change your mind about receiving information from us send us a request specifying your new choice. Simply send your request to firstname.lastname@example.org.
The Site contains links to other web sites. WildJar is not responsible for the privacy practices or the content of these other web sites. You will need to check the policy statements of these other web sites to understand their policies.
Your Rights if You Are an EU, UK or Swiss Data Subject
This section applies if you are an EU, UK or Swiss data subject (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, where applicable, Switzerland). The term “Personal Information” as used in this Privacy Notice means “personal data” as defined under Regulation (EU) 2016/679 (General Data Protection Regulation, or “GDPR”).
Under GDPR, WildJar is both a “Controller” and a “Processor”. WildJar is the Controller of Personal Information you provide to us about yourself as a customer or when requesting information about our products and services. For data you provide to WildJar or request that we collect as part of using our Services, including but not limited to the Personal Information we collect on behalf of our customers, we are a Processor for our customers, who are the Controllers that determine the purposes and means of the processing of your Personal Information by WildJar.
WildJar is based in Australia. Personal information and data processed by WildJar is transferred to our servers in Australia. When transferred, we take all reasonable steps to protect your Personal Information, including encryption during data transit and storage. For more information, see “International Data Transfers” below.
How We Use EU Personal Information
For data for which we are the Controller, we collect and use your Personal Information to respond to your enquiries or provide the products and services that you have purchased or take steps to purchase from WildJar, as described previously.
For data for which we are the Processor, we do not transfer Personal Information to third parties except to the companies on our list of sub-processors, and then only in order to provide the services requested by our customer. When we are acting as a Processor for a customer, you should contact the customer (as Controller) with any questions you may have about how your Personal Information is being used. If you contact us directly when we are acting as a Processor, we may refer your request to the appropriate customer who is the Controller of your Personal Information. If concerns remain, you may contact our Privacy Team as directed in the “Contact Us” section above.
We rely on the following legal bases for processing your Personal Information:
• Processing of your Personal Information based on your consent for such processing. You have the right to withdraw your consent, as further described below.
• Processing of your Personal Information that you provide to us (such as your name, email address, postal address, telephone number, company name and role) when you request information about the WildJar Services or when you otherwise send inquiries about our Services and processing of this data is necessary to respond to or implement your request prior to entering into a contract with us or a Controller that is using our Services.
• We use account-related data to set up accounts for users in the Services and to administer and support those accounts (such as usernames, email address and billing information), provide you with access to the Services, contact you regarding your use of the Services or to notify you of important changes to the Services. Such use is necessary for the performance of the contract between you and our customers, or, where you are our customer, between you and WildJar.
• We may send you information by email or through other electronic communications on our new products or services or other promotions if you consent to receiving them. If you have not opted-in to these marketing emails, we do this either because we are relying on an exception to opt-in requirements or because of our legitimate interest to promote the success of our business.
• Our use of data relating to your use of the Sites and/or the Services, described above, is necessary for our legitimate interests in understanding how the Sites and the Services are being used by you, to improve your experience on it and our Service offerings.
• We also have a legitimate interest in aggregating and/or anonymising or de-identifying the information that we collect through our Sites and/or the Services and using this information for our business purposes, as described above.
• When we process your Personal Information for our legitimate interests, we make sure to consider and balance any potential impact on you, and your rights under data protection laws. Our legitimate business interests do not automatically override your interests – we will not use your Personal Information for activities where our interests are overridden by the impact on you, unless we have your consent for our processing activities or those activities are otherwise required or permitted by law. You have the right to object to processing that is based on our legitimate interests, as further described below.
Rights of EU, UK and Swiss Data Subjects
Subject to applicable law and reasonable steps that we may take to verify your identity with respect to your requests, you have the following rights in relation to your Personal Information. As noted above, where we are acting as a processor for our customer, we may refer your requests to our customer for response.
• Right of access: If you ask us, we will confirm whether we are processing your Personal Information and, if so, provide you with a copy of that Personal Information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
• Right to rectification: If your Personal Information that we control is inaccurate or incomplete, you are entitled to have it rectified or completed. Note that we may not be able to rectify data obtained from a third party such as a governmental agency or other data that we do not control, and you will need to contact that third party directly. If we have shared your Personal Information with others, we will tell them about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so that you can contact them directly.
• Right to erasure: You may ask us to delete or remove your Personal Information and we will do so in some circumstances, such as where we no longer need it (we may not delete your data when other interests outweigh your right to deletion, for example if we are required by law to keep it). If we have shared your Personal Information with others, we will tell them about the erasure where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so that you can contact them directly.
• Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Information in certain circumstances, such as where you contest the accuracy of that Personal Information or object to us processing it. We will tell you before we lift any restriction on processing. If we have shared your Personal Information with others, we will tell them about the restriction where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so that you can contact them directly.
• Right to data portability: With respect to Personal Information that we possess on or after 25 May 2018, you have the right to obtain your Personal Information from us that you consented to give us or that is necessary to perform a contract with you, to the extent it is available. We will give you your Personal Information in a reasonable format given the nature of the information requested and complexity of providing it.
• Right to object: You may ask us at any time to stop processing your Personal Information, and we will do so if we are processing your Personal Information for the Services, for direct marketing, or otherwise. However, if we are relying on a legitimate interest to process your Personal Information and we demonstrate compelling legitimate grounds for the processing we may continue; or you may exercise your rights by contacting us as directed in the “Contact Us” section above. Note you will be asked to verify your identity when submitting a request.
• Rights in relation to automated decision-making and profiling: You have the right to be free from decisions that we make based solely on automated processing of your Personal Information, including profiling, which produce a significant legal effect on you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us, or with your explicit consent.
• Right to withdraw consent: If we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time. Your withdrawal of consent will not apply to or affect prior processing of data that was processed prior to our receipt of your withdrawal of consent.
• Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we have handled your Personal Information, you can report it to the data protection authority that is authorised to hear those concerns.
If you have an account with us, we may instruct you to exercise some of your rights above through account settings or features, or by deleting your account. Data Subjects may contact us as directed in the “Contact Us” section above.
International Data Transfers
Visiting our Site and Using our Services from Outside of Australia.
Our Site and Services are hosted and managed in Australia, so the Personal Information we process will be transferred to and processed in Australia. Australia may have data protection laws that are different than the laws of your country, but we have taken appropriate safeguards to require that your Personal Information will remain protected in accordance with this Privacy Notice. In particular, regarding the transfer to and processing in Australia of Personal Information from the European Economic Area (EEA) member countries, the United Kingdom (UK) and Switzerland, WildJar relies on the Standard Contractual Clauses (SCCs, also known as the EU Model Clauses) to help safeguard such Personal Information and as our lawful transfer mechanism under GDPR. Due to their invalidation in July 2020, WildJar has withdrawn its participation in and adherence to the EU-US and Swiss-US Privacy Shield Frameworks, and no longer relies on them to transfer relevant Personal Information to Australia.
The SCCs are a set of terms and conditions published by the European Commission (EC), and approved for use by the UK, that apply to Controllers and Processors that transfer Personal Information to countries that are not covered by an adequacy decision, such as Australia. In June 2021, the EC published new SCCs, which will replace the SCCs previously adopted by the EC following a transition period. WildJar will use its existing SCCs for international data transfers during the transition period and plans to use the new SCCs when applicable and as required by EC rules. You can learn more about the SCCs here. If there is any conflict between the terms of this Policy and the SCCs, the SCCs will govern.
When WildJar transfers Personal Information about EU, UK or Swiss individuals to other third parties, it will do so in accordance with the requirements of GDPR applicable to such transfers, including for onward transfers of Personal Information to third parties in other countries that are not covered by an adequacy decision, such as Australia. In these cases, WildJar is potentially liable if such third parties do not provide the same level of protection as GDPR.
Retention of EU Data
For information on our data retention practices, see the “Data Retention and Destruction” section below, which applies to Personal Information of EU data subjects.
Do Not Track
Do-Not-Track is a public-private initiative, http://www.w3.org/2011/tracking-protection/, that has developed a technical “flag” or signal that an end-user may be able to activate within their browser software to notify websites that they do not wish to be “tracked” by 3rd parties as defined by the initiative. The initiative, however, has not reached a consensus as to exactly what technical or other actions those parties receiving the signal should take. As a result, Do-Not-Track has not yet been standardised and most websites, including WildJar, do not alter their behaviour or change their services when they receive a “do-not-track” flag or signal.
Cookies and Advertising Technologies
This section provides additional information about the various technologies that WildJar uses to manage the WildJar Sites and to deliver ads to you and Services to our customers, including services that collect information when you interact with our customers by phone or on their websites.
To learn more about the cookies and other technologies we serve (including how to opt-out of them), please visit our Cookie Notice.
Third Party Advertising Services
We may use third parties such as advertising networks, ad exchanges, and analytics service providers to help us serve, optimise and measure the performance of our advertisements across the Internet and mobile applications. You may see our ads on other websites because these third parties’ services may track your online activities across multiple websites, online services and mobile applications over time by collecting information through automated means, such as cookies, and they use this information to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. To learn more about the third party cookies and technologies we use on our Site, see our Cookie Notice.
These third party tracking technologies are not controlled by us, even if they use our technology to help store or collect data. Except for the disclosures about third parties in our Cookie notice, statements in this Notice regarding our privacy practices do not apply to the methods for collecting information used by these third-party providers and others or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with the information on their practices and any available opportunity to exercise choice.
The relevant third parties’ terms of service, privacy policies, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third-party advertisers or providers of tracking technologies or related third parties. You may wish to visit http://www.networkadvertising.org/choices, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members, and your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members.
You may also be able to opt-out of receiving interest-based ads by visiting the Digital Advertising Alliance (“DAA”) website at http://www.aboutads.info/choices/control, or the European Digital Advertising Alliance (“EDAA”) website at www.youronlinechoices.com. Similar limitations may apply to the opt-outs provided by these organisations. We are not responsible for effectiveness of or compliance with any third-parties’ opt-out options.
Opting out of these organisations only means that those members no longer will be allowed under their own rules to deliver targeted content and/or ads to you, which will affect this and other sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit their opt-out pages, or you subsequently erase your cookies, use a different device or change web browsers, your opt-outs may not, or may no longer, be effective. Additional information is available on each organisation's website accessible by the above links.
Google offers an opt-out mechanism for the web available here.
Correcting & Updating Your Information
Consumers who are not WildJar customers can request corrections and updates to your Personal Information by contacting us as directed in the “Contact Us” section above.
If you are a WildJar customer and wish to update your billing information, please log in to your account, click on your name top right, then user preferences to update your information. Additionally you can contact WildJar support for more assistance with the Personal Information in your account: https://support.wildjar.com To discontinue the Service, please submit a request to WildJar support.
Data Retention and Destruction
We will retain Personal Information for the period necessary to provide our Services or fulfill the purposes for which it was collected, or as otherwise required by our contracts or by law.
When determining how long we should keep data, we consider the length of time we will have a relationship with you and our customers to whom we provide our Services, whether there is a legal obligation that would require us to keep the information for a specified period of time, the reasons why we process your data, and the risk of harm from unauthorised use or disclosure of your Personal Information.
We may also anonymise or de-identify Personal Information for research or analytical purposes so that it is no longer associated with you. If data is anonymised or de-identified, we may use this data for as long as we have a legitimate business purpose for such use, without additional notice to you.
Where we hold and process Personal Information for a customer as part of our Services, our retention or deletion of data will be subject to that customer’s instructions, and in such cases the customer’s retention and deletion preferences may apply. If a WildJar customer cancels their account (or it is terminated for any reason), we make no guarantee that the customer’s data will be retained following termination.
Confidentiality and Security
We restrict access to information collected about our customers and our visitors at our Sites to our employees, our affiliates’ employees, or others who need to know that information to provide services to our visitors or customers or in the course of conducting our normal business operations. We maintain appropriate physical, electronic, and procedural safeguards to protect the information collected via the Sites and Services. We also advise all WildJar employees about their responsibility to protect customer data and Personal Information, and we provide them with appropriate guidelines for adhering to our Company’s business ethics standards and policies that relate to information security and privacy.
WildJar protects its databases with various physical, technical, organisational and procedural measures and we restrict unauthorised access to customer data and Personal Information. While we implement these and other security measures on our sites, please note that 100% security is not always possible. We cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that those measures will always be sufficient or effective.
Our Services and Sites are not directed at children under 16 years of age (or older where required by law), and we do not knowingly collect or receive Personal Information from them. If we learn that we have received Personal Information from a child whose age requires parental consent for processing, we will make commercially reasonable efforts to remove such data from our Services. If you believe that we have received Personal Information from a child whose age requires parental consent, you may contact us as directed in the “Contact Us” section above.
Social Media Platforms and Websites
Additionally, in the event that any one of the Sites offers a message board or any other interactive or social-type feature on a website administered directly by us, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., stories, pictures, ingredients, tips, etc.). Although we may take certain precautions to protect those who use these areas of the WildJar’s Sites, we encourage you to be wary of giving out any personal information in such public forums. The information you post can be collected and used by people you don’t know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.
• Assisting you in navigation;
• Assisting in registration to our events, login, and your ability to provide feedback;
• Analysing your use of our Services or applications, including how you interact with our customers’ websites;
• Assisting with our promotional and marketing efforts (including behavioural advertising)
• Assisting our customers with the activities above
Cookies and technologies deployed through our Services
Updates and Notice of Material Change in the Use of Your Personal Information
We may update this Privacy Notice and Cookie Notice from time-to-time in our sole discretion. It is your responsibility to review this Privacy Notice for any changes each time that you use the Sites and Services.
Last Updated: October 2021