Your privacy is very important to us. We are committed to ensuring that when you use our services or engage with us, you know what personal information or data (Personal Data) we collect about you and how we use your Personal Data. This data privacy notice (Privacy Notice) is a statement that describes how we will use your Personal Data. Please take the time to read and understand our Privacy Notice.
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 Personal Data. This Privacy Notice supplements the other notices and is not intended to override them.
Data protection and privacy laws in certain jurisdictions, like the European Economic Area (EEA) and in the UK, differentiate between “controllers” and “processors” of personal information. A controller determines the purposes and means of the processing of Personal Data. A processor processes personal information on behalf of a controller based on the controller’s instructions. We are mainly a processor of Personal Data but in some instances act as a controller as well. This privacy notices explains how we process Personal Data as a controller.
This Privacy Notice also explains how we process Personal Data as a personal information handling business operator subject to the Act on the Protection of Personal Information (Act No.57 of 2003, as amended) of Japan and its relevant implementation regulations and guidelines (APPI).
1 WHO WE ARE AND TO WHOM DOES THIS NOTICE APPLY
Dubber is a global group which provides call recording and audio asset management in the cloud, headquartered in Australia with offices also in the United States of America and the United Kingdom.
In this Privacy Notice, you or your means an individual who is the subject of Personal Data we handle, subject to the local data protection laws, or process as a data controller, which would: (i) typically be the representatives, and end users of our corporate customers (which could be either communication operators or other corporate customers) that interact with us and manage and use our call recording and transcription facilities or our other corporate services; and (ii) the data subjects of a small number of recordings and audios we spot check for support, quality and product development purposes only – we do not otherwise control stored audios or recordings.
If you are a European Union (EU) data subject the General Data Protection Regulation 2016/679 (the EU GDPR) applies. If you are in the UK, the Data Protection Act 2018 applies along with the GDPR as amended and adopted by UK law by virtue of section 3 of the European Union (Withdrawal) Act 2018 (the UK GDPR). The EU GDPR and the UK GDPR are collectively referred in this notice to as the GDPR and, in this context, Dubber, we, our or us refers to Dubber Limited, reg. no 10093254 of 49 Greek Street, London W1D 4EG, UK, otherwise each of those terms refers to Dubber Pty Ltd ACN 150 843 164 of Level 5, 2 Russell Street, Melbourne Vic. 3000, Australia.
If you are an EU or a UK data subject, the controller of your Personal Data is Dubber Limited.
Dubber Limited has appointed a EU Representative in order to comply with Art. 3(2) and Article 27 of the EU GDPR and their details are: RSM SPAIN | Address: c/ d’Entença, 325, 335, 08029 Barcelona (Spain) | Email: email@example.com | Website: www.rsm.es.
APPI applies in those cases where a personal information handling business operator who, in relation to supplying services to persons in Japan, has collected personal information and/or personal data relating to the person who is the data subject, handles the personal information. In this context, Dubber, we, our or us refers to Dubber Pty Ltd ACN 150 843 164 of Level 5, 2 Russell Street, Melbourne Vic. 3000, Australia and, if you are a data subject to which APPI applies, the Personal Information Handling Business Operator of your Personal Data is that entity.
For any other data subjects, Dubber Pty Ltd is the controller and the applicable data protection laws will apply to the processing of their Personal Data.
This Privacy Notice (together with our Terms of Service, which you can find at https://www.dubber.net/terms and any other documents referred to in it) sets out the basis on which any Personal Data we collect from you, or that you provide to us, will be processed by us. This Privacy Notice also sets out how you can instruct us if you prefer to limit the use of that Personal Data, as well as the procedures that we have in place to safeguard your privacy.
2 INFORMATION WE MAY COLLECT (OR RECEIVE) ABOUT YOU
Dubber may collect your Personal Data when:
(a) you contact us, whether through our Websites or otherwise (for example, by e-mail, post, or phone) as we may keep a record of that correspondence;
(b) you fill in and submit information on either or both of our Websites;
(c) you use and interact with either or both of our Websites including your IP address, browser type and version, time zone setting, browser plug-in types and versions, operating system, platform, mobile carrier, and your ISP. We may collect information about you using cookies, web beacons and measurement software. This may collect details of your visits to our Websites (including, but not limited to, traffic data, location data, weblogs, purchase history and other communication data).
(d) you use your customer account to access or use our platform technology and other features, and functionality, including our solutions and applications.
We may collect, use, store and transfer different categories of Personal Data about you which we have grouped together as follows:
(a) App Data if you use our app to make recordings we will keep your device ID to be able to send you push notifications;
(b) Identity Data includes first name, last name, username;
(c) Contact Data includes billing address, delivery address, email address and telephone numbers;
(d) Financial Data includes bank account and payment card details;
(e) Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us;
(f) Customer support Data includes records of the communications you exchange with our customer support services or with other representatives of Dubber (including calls);
(g) Audio Data spot checks of recordings of conversations that you capture and upload using the services we provide for quality testing and product improvement, including segments of raw or partially processed audio and audio, that may have been transcribed to text either manually or by using artificial intelligence (or AI) functionality;
(h) Technical Data includes internet protocol (IP) address, your login data, 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 this website;
(i) Profile Data includes your username and password, purchases or orders made by you;
(j) Usage Data includes information about how you use our website, products and services; and
(k) Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We will only collect information from third parties where:
(a) you have consented to its collection;
(b) collection of the information is necessary to enable provision of our products and services;
(c) collection is reasonably necessary to enable us to carry out our business; or
(d) in other circumstances where we are legally permitted to do so.
3 HOW WE USE PERSONAL DATA
We may process your Personal Data for one or more lawful bases of processing (Lawful Basis) depending on the specific purpose for which we are using your data (see below).
For example, in accordance with this Privacy Notice Dubber may use your Personal Data in order to:
(a) provide the services you request from us (Lawful Basis: to comply with our legal obligations and performance of our contract with you)
(b) verify your identity or conduct appropriate checks for credit worthiness or fraud (Lawful Basis: to comply with our legal obligations and necessary for our legitimate interests)
(c) understand your needs in order to provide you with the products and services you require (Lawful Basis: performance of our contract with you)
(d) administer, and manage our services, including billing and debt collection (Lawful Basis: to comply with our legal obligations and necessary for our legitimate interests);
(e) distribute information, newsletters, publications and other communication via various mediums to keep you informed (Lawful Basis: your consent, performance of our contract with you and necessary for our legitimate interests);
(f) conduct research and development activities for training purposes or to improve existing, and create, new products and services, including transcription and artificial intelligence (AI) products and services that may rely on supervised machine learning (Lawful Basis: your consent, performance of our contract with you and necessary for our legitimate interests);
(g) manage and conduct our business including assessing insurance requirements or conducting audits, quality assurance programs and training personnel (Lawful Basis: performance of our contract with you and necessary for our legitimate interests);
(h) effectively communicate with third parties (Lawful Basis: your consent, performance of our contract with you and necessary for our legitimate interests); and
(i) as required or authorised by law (Lawful Basis: to comply with our legal obligations).
4 WHEN MAY WE DISCLOSE THE PERSONAL DATA?
(a) our employees;
(b) our third-party consultants, contractors, suppliers or other service providers who may access your personal information when providing services to us or to you, including but not limited to IT experts who design and host our Websites and our Apps;
(c) auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes;
(d) analytics and search engine providers that assist us in the improvement and optimisation of our Websites;
(e) our successors in title, our prospective sellers or buyers of our business or to our Affiliates when we have a merger or re-organisation;
(f) government bodies and law enforcement agencies and in response to other legal and regulatory requests;
(g) any third-party where such disclosure is required in order to enforce or apply our Websites’ terms or other relevant agreements;
(h) protect the rights, property, integrity or security of our company, our customers, or others (including, without limitation, you). This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and
(i) where your details are provided to any other party in accordance with the express purpose, we will require them to be kept safe and secure and used only for the intended purpose.
5 INTERNATIONAL TRANSFERS
For EU and UK data subjects, we may implement one of the following safeguards, namely:
(a) only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the European Commission or by the UK (as applicable); and
(b) use specific contracts approved by the European Commission or by the UK as applicable, which give Personal Data the same protection it has in the EU or the UK respectively.
6 WHAT HAPPENS IF YOU DON’T PROVIDE THE REQUESTED PERSONAL DATA?
7 SECURITY OF PERSONAL DATA
Please be aware that communications over the Internet, such as emails/webmails, are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered. This is the nature of the World Wide Web/Internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
We will use reasonable endeavours to implement appropriate policies, rules and technical measures to protect the Personal Data that we have under our control (having regard to the type and amount of that data) from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss.
We will ensure that your information will not be disclosed to government institutions or authorities except if required by law (e.g. when requested by regulatory bodies or law enforcement organisations in accordance with applicable legislation).
Certain services may include social networking, chat room or forum features. When using these features please ensure that you do not submit any Personal Data that you do not want to be seen, collected or used by other users.
9 YOUR RIGHTS
EU and UK data subjects and data subjects to which APPI applies also have the following rights in accordance with GDPR and APPI respectively:
(a) Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
(b) Request correction of the Personal Data that we hold about you. 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 information you provide to Us.
(c) 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. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you.
(d) 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 do not override your rights and freedoms.
(e) Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (i) if you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) 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 (iv) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
(f) Request the transfer of your Personal Data to you or to a third party (commonly known as a “data portability”). We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that 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.
(g) Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case.
When we receive a request for notification of the purpose of use, disclosure, correction, suspension of use, deletion, etc. of the Personal Data in our possession in accordance with APPI, we will promptly respond to the request. If you have any questions about this Privacy Notice or wish to exercise your rights, please contact us at the contact in Section 11.
What we may require from you to exercise the rights above.
We may need to request specific information from you to help us confirm your identity. We may also contact you to ask for further information in relation to your request.
Time limit to respond to EU, UK and APPI data subject requests.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex, or you have made several requests. In this case, we will notify you and keep you updated.
No fee usually required to deal with EU, UK and APPI data subject requests.
All communication and all actions taken by Dubber regarding your rights described above are provided free of charge. Dubber reserves the right, in the case of clearly unfounded or unreasonable requests, to either take out a reasonable fee calculated from actual costs covering the administrative costs of providing the information or taking the requested action or refusing to fulfil the requested action.
10 HOW LONG DO WE KEEP PERSONAL DATA?
To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your Personal Data.
In some circumstances we may anonymise and make it impossibleto restore your Personal Data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
11 RESOLVING CONCERNS
You can raise your concerns by contacting Dubber by email at firstname.lastname@example.org or by contacting us in writing at one of the following addresses:
Our worldwide headquarters
Level 5, 2 Russell Street
Melbourne Vic. 3000
Our UK and EU offices
8 Devonshire Square
Spitalfields, London EC2M 4PL
Our US offices
Level 12, Suite 1200, 2828 N Harwood St,
Dallas, TX 75201
United States of America
Australian residents can lodge a complaint with the Office of the Australian Information Commissioner (www.oaic.gov.au) regarding Dubber’s information handling practices or a breach of the Privacy Notice.
EU and UK data subjects have additional rights to make a complaint to a competent data protection authority or commence proceedings in a court of competent jurisdiction in accordance with applicable data protection laws, including with the Information Commissioner’s Office of the United Kingdom (https://ico.org.uk).