Privacy Policy

There are many different ways you can use our services – to share information, to communicate with other people, or to create new content.

When you share information with us, for example by creating an account with us, we can make those services even better – to help you connect with people or to make sharing with others quicker and easier. As you use our services, we want to be clear how we’re using your information and the ways in which you can protect your privacy.

Where our processing of your information is covered by the General Data Protection Regulation 2016/679 (“GDPR”), or the California Consumer Privacy Act (“CCPA”) the sections of this Privacy Policy in Appendix 1 – Your Rights – apply to you.

Our Privacy Policy explains:

What information we collect and why we collect it.
How we use that information.
The choices we offer, including how to access and update information.

We’ve tried to keep it as simple as possible, but if you’re not familiar with terms like cookies, IP addresses and browsers, then read about these key terms first. Your privacy matters to us; whether you are new to Mitti or a long-time customer, please do take the time to get to know our practices – and if you have any questions, contact us.

Transparency and choice

People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used and control who you share information with. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this website or the products and/or services offered on or through it.

You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled. For example, you may not be able to login to Mitti or utilise other services.

Information we collect

We collect information to provide better services to all of our users – from figuring out basic stuff like which language you speak, to more complex things like what content of ours matters most to you.

We collect information in the following ways:

Information you give us. We collect information about you and your company as you register for an account with us, create or modify your profile, use, access, or interact with our services or our websites (including but not limited to when you upload, download, collaborate on or share content, including photos and videos). Such content includes any personal information or other sensitive information that you choose to include. For example, many of our services require you to sign up for an account with us. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card. We may present your name, email address or image to other users in your organisation, or otherwise associated with your account in order to assist in sharing or recommendations.
Information we get from your use of our services. We may collect information about the services that you use and how you use them, like when you visit a website that uses our services or you view and interact with our content. This information includes:
- Device information
  – We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your account.
- Log information
  – When you use our services or view content provided by us, we may automatically collect and store certain information in server logs. This may include:
  - details of how you used our service, such as your search queries;
  - telephony log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls;
  - Internet Protocol (IP) address;
  - device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL; and
  - cookies that may uniquely identify your browser or your account.
Contact information
– When you choose to use the Mitti services to invite members of your contact list to view an action or a template, or be part of your organisation, we may collect, sync and store certain contact information such as names, phone numbers and email addresses. This information may be sent to our servers for the purposes of providing those members of your contact list with an invitation to participate in the Mitti services as directed by you.
Location information
– When you use a location-enabled Mitti service, we may collect and process information about your actual location, like GPS signals sent by a mobile device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers. GPS location from mobile devices is collected only with your permission.
Unique application numbers –
Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.
Local storage
– We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
Cookies and anonymous identifiers
– We use various technologies to collect and store information when you visit our services, and this may include sending one or more cookies or anonymous identifiers to your device. We also use cookies and anonymous identifiers when you interact with services we offer to our partners, such as advertising services or Mitti features that may appear on other sites.
Information we get from third parties. We may collect information about you from third parties, including partners who develop integrations with our products, provide referrals to purchase our products or resell our products and third parties who provide consulting, implementation, training and other services related to our products. Some third parties also provide advertising and marketing to promote our services and may may share your information with us when you interact with ads or other materials on their websites that identify Mitti. We may receive your information from these third parties, such as billing information, contact information, company details, engagement with advertisements, what Mitti products you have purchased or are interested in and how you use our services.
Information we get from affiliates. We may receive information from affiliates in our corporate group.

How we use information we collect

We may use the information we collect, including your personal information and transaction information, from all of our services in any one or more of the locations that Mitti has operations or otherwise conducts business (these locations currently being Australia, the United States, the United Kingdom, Europe and the Philippines) for the following purposes:

for internal and service-related purposes, such as to provide, maintain, protect, improve, and personalise our services, to develop new ones and to protect the rights, property, or safety of Mitti and our users;
to prevent or address service, security, technical issues or at your request in connection with customer support matters;
to communicate with you in order to provide you with information we think may be useful or relevant to you;
to promote our services and related services;
to analyse information in order to offer aggregated anonymised data products to third parties;
to facilitate the sharing of aggregated and anonymised information with third parties, including transaction data. An example of anonymised information would be the number of times a template is used or location data, which may be used by those third parties to inform judgements about the organisation using the software, but not about any individuals whose data is processed using the software;
to enforce the Privacy Policy and our terms and conditions for use of our services and websites;
to monitor and analyse trends, usage, and activities in connection with our services and for marketing or advertising purposes or to offer you tailored content;
to investigate and prevent fraudulent transactions, unauthorised access to or use of our services, and other illegal or unusual activities;
to use the name you provide for your Mitti profile across all of the services we offer that require a Mitti account. In addition, we may replace past names associated with your Mitti account so that you are represented consistently across all our services. If other users already have your email, or other information that identifies you, we may show them your publicly visible Mitti profile information, such as your name and photo;
when you contact us, to keep a record of your communication to help solve any issues you might be facing. We may use your email address to inform you about our services, such as letting you know about upcoming changes or improvements;
from cookies and other technologies, to improve your user experience and the overall quality of our services;
to combine information from one service, including personal information, into other Mitti services – for example to make it easier to share things with people you know;
to administer accounts and keep track of billing and payments;
as required by law; and
as otherwise stated in this Privacy Policy or as expressly permitted in writing by you.

To use the information we collect, we may require our systems to access, screen capture, store, video and/or scan your information. Where appropriate or required by data protection laws, we will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.

Retention of personal data

We will retain your personal information for the time necessary to provide the services we perform for you, or to achieve other purposes outlined in this Privacy Policy, and you can always request that we stop processing or delete your personal information.

We’re required to keep some of your information for certain periods of time under law. When we no longer require your information, we’ll ensure that your information is destroyed or de-identified.

We may need to retain certain personal information after we cease providing you with products or services to enforce our terms, for fraud prevention, to identify, issue or resolve legal claims and/or for proper record keeping.

Disclosure of personal information outside Australia

Mitti processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.

We may disclose personal information outside of Australia to third parties for the purposes outlined in this Privacy Policy.

By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia. Where we disclose your personal information to third parties, we will take reasonable steps to ensure that any overseas recipient will deal with such information in a way that is consistent with the Australian Privacy Principles.

Information you share

Many of our services let you share information with others. Remember that when you share information publicly, it may be indexable by search engines. Our services provide you with different options on sharing and removing your content.

Information we share

We do not share personal information with third parties unless one of the following circumstances apply:

With your consent

We will share personal information with companies, organizations or individuals outside of Mitti when we have your consent to do so.

With account administrators

If your account is managed for you by an organisation administrator then your organisation’s administrator and resellers who provide user support to your organization will have access to your information (including your email and other data). Your account administrator may be able to:

view statistics regarding your account;
change your account password;
suspend or terminate your account access;
access or retain information stored as part of your account;
receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request; and
restrict your ability to delete or edit information.

Please refer to your account administrator’s and reseller’s privacy policy for more information.

With third party service providers and partners

We may disclose personal information to:

third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage or management, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, customer lifecycle management providers, data analytics or reporting providers, finance systems, cyber security providers, project management or collaboration providers, testing, research and alert tools, email service providers and payment systems operators;
our existing or potential agents, channel partners or business partners including partners that develop integrations with our products, provide referrals to purchase our products or resell our products and those that provide consulting, implementation, training and other services related to our products;
affiliates in our corporate group; and
third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you.
To address fraud, security or technical issues

We will share your personal information with trusted third parties where necessary to detect, prevent or otherwise address fraud, security or technical issues.

For legal reasons

We may disclose your information if required by applicable law, regulation or as part of any actual or prospective legal process (including if reasonably necessary to enforce applicable terms and conditions or in order to establish, exercise or defend our legal rights). If we receive a request from a regulatory body or law enforcement agency, and if permitted under GDPR, the CCPA and other laws, we may disclose certain information to such bodies or agencies.

Merger or acquisition

If we merge with or are acquired by another business, we may share your personal information with the new owners of the business and their advisors. We will continue to ensure the confidentiality of any personal information and give affected users notice (for example, via a message to the email address associated with your account) before personal information is transferred or becomes subject to a different privacy policy.

We may share aggregated, non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services. This could also include government bodies, industry groups, insurers and educational/training facilities.

Information security

We have put in place robust measures regarding the security of the information we collect and store about you (including through the use of network and database security measures) and will use our reasonable endeavours to protect your personal data from unauthorised access or unauthorised alteration, disclosure or destruction. In particular:

We encrypt many of our services using Secure Sockets Layer (SSL) or Transport Layer Security (TLS).
We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorised access to systems.
We restrict access to personal information to our employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
We have multiple authentication and access control measures to ensure data is only accessed by authorised personnel.
We enforce strong encryption of all data at rest through the use of the Advanced Encryption Standard (AES-256).

The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our servers via third party networks; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Application

Our Privacy Policy applies to all of the services offered by Mitti and its affiliates, including services offered on other sites, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include Mitti services, or other sites linked from our services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services.

Enforcement

We regularly review our compliance with our Privacy Policy. We also adhere to several self regulatory frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

Restrict

You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access

You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information. In certain circumstances, as set out in the Privacy Act 1988 (Cth), we may refuse to provide you with personal information that we hold about you.

Correction

If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints

If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

Other websites

Please note that clicking on links and banner advertisements on our websites can result in your browser accessing a third party website, where data privacy practices are different to that of Mitti.

We are not responsible for, and have no control over, information that is submitted to or collected by these third parties and you should consult their privacy policies.

Children’s information

Our services are not designed to appeal to minors. We do not knowingly attempt to solicit or receive any information from anyone under the age of 13. If we discover that a child under 13 has provided us with personal information, we will immediately delete this from our servers. If you learn that a child under 13 has provided us with personal information, please contact us.

Changes

We may revise this Privacy Policy from time to time and will post the most current version on our website. If a revision meaningfully reduces your rights or involves a material change to our processing of your personal information, we will notify you.

Contact

If you have any enquiries or if you would like to contact us about our processing of your personal information, please contact us by any of the methods below. When you contact us, we will ask you to verify your identity.

Contact name: Privacy Officer

Email: privacy@mitti.io

Telephone: +61 1300 984 245

Post: The Privacy Officer c/o Boardroom
Level 12, 225 George Street
Sydney NSW 2000
Australia

Appendix 1 – Your Rights

(a) GDPR

For the purpose of this Privacy Policy the controller of personal data is Mitti and our contact details are set out in the Contact section above.

The legal basis for processing your information

Under GDPR, the main grounds that we rely upon in order to process personal data collected via our websites and services are the following:

Necessary for entering into, or performing, a contract
– in order to perform obligations that we undertake in providing a service to you, or in order to take steps at your request to enter into a contract with us, it will be necessary for us to process your personal data;
Necessary for compliance with a legal obligation
– we are subject to certain legal requirements which may require us to process your personal data. We may also be obliged by law to disclose your personal data to a regulatory body or law enforcement agency;
Necessary for the purposes of legitimate interests
– either we, or a third party, will need to process your personal data for the purposes of our (or a third party’s) legitimate interests, provided we have established that those interests are not overridden by your rights and freedoms, including your right to have your personal data protected. Our legitimate interests include responding to requests and enquiries from you or a third party, optimising our website, applications and customer experience, informing you about our products and services and ensuring that our operations are conducted in an appropriate and efficient manner; and
Consent
– in some circumstances, we may ask for your consent to process your personal data in a particular way.

Third party service providers

As mentioned above, we will share your personal information with trusted third parties where we have retained them to provide services that you or our clients have requested, and to perform maintenance or respond to technical incidents affecting our services. A list of sub-processors currently engaged by Mitti is available at https://mitti.com/legal/privacy-sub-processors/.

Where we disclose personal information to third parties, we require minimum standards of confidentiality and data protection from such third parties.

Processing outside of the European Economic Area (“EEA”)

To the extent that any personal information is provided to third parties outside the EEA, or who will access the information from outside the EEA, we will ensure that approved safeguards are in place to ensure that we comply with GDPR, such as the standard contractual clauses approved by the European Commission.

Mitti processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live, including outside the EEA. We use datacentres operated by our third-party cloud hosting provider, Amazon Web Services (“AWS”) to store user data and data uploaded to our products.

Retention of personal data

Your rights in respect of information we hold about you

You have certain rights in relation to personal information we hold about you. Details of these rights and how to exercise them are set out below. We will require evidence of your identity before we are able to act on your request.

Right of access

You have the right at any time to ask us for a copy of the personal information about you that we hold. Where we have good reason, and if the GDPR permits, we can refuse your request for a copy of your personal information, or certain elements of the request. If we refuse your request or any element of it, we will provide you with our reasons for doing so.

Right of correction or completion

If personal information we hold about you is not accurate, out of date or incomplete, you have a right to have the data rectified, updated or completed. You can let us know by contacting us at privacy@mitti.io .

Right of erasure

In certain circumstances, you have the right to request that personal information we hold about you is erased e.g. if the information is no longer necessary for the purposes for which it was collected or processed or our processing of the information is based on your consent and there are no other legal grounds on which we may process the information.

Right to object to or restrict processing

In certain circumstances, you have the right to object to our processing of your personal information by contacting us at privacy@mitti.io . For example, if we are processing your information on the basis of our legitimate interests and there are no compelling legitimate grounds for our processing which override your rights and interests. You also have the right to object to use of your personal information for direct marketing purposes.

You may also have the right to restrict our use of your personal information, such as in circumstances where you have challenged the accuracy of the information and during the period where we are verifying its accuracy.

Right of data portability

In certain instances, you have a right to receive any personal information that we hold about you in a structured, commonly used and machine-readable format. You can ask us to transmit that information to you or directly to a third party organisation.

The above right exists only in respect of personal information that:

you have provided to us previously; and
is processed by us using automated means.

While we are happy for such requests to be made, we are not able to guarantee technical compatibility with a third party organisation’s systems. We are also unable to comply with requests that relate to personal information of others without their consent.

You can exercise any of the above rights by contacting us using any of the methods in the Contact section above.

Most of the above rights are subject to limitations and exceptions. We will provide reasons if we are unable to comply with any request for the exercise of your rights.

To the extent that we are processing your personal information based on your consent, you have the right to withdraw your consent at any time. You can do this by contacting us using the details in the Contact section above.

Automated decision-making

Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. It is specifically regulated under GDPR where such decisions are taken which have legal or other significant effects on individuals. It is permitted in the following circumstances:

Where it is necessary to enter into or perform our contract with you and appropriate measures are in place to safeguard your rights.
In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.

You will not be subject to decisions that will have a significant impact on you based solely on automated processing, unless we have a lawful basis for doing so, we have notified you and given you a right to challenge the decision or to require that the decision be taken by a person.

Complaints

If you are unhappy about our use of your personal information, you can contact us using the details in the Contact section below. You are also entitled to lodge a complaint with the UK Information Commissioner’s Office using any of the below contact methods:

Telephone: 0303 123 11113

Website: https://ico.org.uk/concerns/

Post: Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF

If you live or work outside the UK or you have a complaint concerning our activities outside the UK, you may prefer to lodge a complaint with a different supervisory authority. A list of relevant authorities in the EEA and the European Free Trade Area can be accessed here.

(b) CCPA

The CCPA grants California residents certain additional rights regarding the personal information that Mitti may collect, disclose or sell. For purposes of this section, “Personal Information” means anything that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular California consumer or household. We do not collect, use or sell Personal Information of children age 16 or under.

Individuals with disabilities may access this policy in an alternative format by sending an email to: privacy@mitti.io .

Your disclosure rights

As provided in this Privacy Policy:

Over the past 12 months, Mitti has collected personal information from you as provided in the “Information we collect” section above.
Mitti may share your information with third parties as provided in the “Information we share” section above.
Mitti does not sell (as such term is defined in the CCPA) the personal information that we may collect from you.

Requests

The CCPA also provides California residents with the right to request additional details about the personal information we collect (including how we use and disclose this information and whether it is sold) and, if necessary, the right to delete your personal information.

California residents may make a request pursuant to your rights under the CCPA by contacting us at privacy@mitti.io . To ensure that the request is coming from you and to protect the security of your Personal Information, we will verify your request using 2 out of the following 4 data points to verify your identify: (1) email address; (2) telephone number; (3) description of the product or service you purchased or inquired about, and (4) the security code from your credit card. If you are requesting to delete sensitive information, you must provide us with us with 3 out of the following 4 data points described above to verify your identity. Government identification may be required.

We also commit to not discriminate against any California consumers because you exercise any of your rights. To read more about the CCPA please visit California Legislative Information.

Non-discrimination

You have the right to receive our products and services on equal terms regardless of whether or not you exercise your rights under the CCPA.

To read more about the CCPA please visit California Legislative Information.