LEGAL
Privacy Policy
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Purpose, scope and users
This Privacy Policy explains how FM Clarity Pty Ltd (ACN 609 274 375) (“FMClarity”) collects, uses, discloses and protects personal information.
This policy applies only to information we collect through our Services, in email, text and other electronic communications sent through or in connection with our Services. It does not cover third parties, such as contractors you engage through the Services; contact them about their practices.
We receive and store any business-related or identifying information submitted during your use of our Service. This information may include business contact details (such as names, email addresses, and phone numbers of employees or contractors) or other information necessary to carry out business activities.
While FMClarity is a B2B service, some collected data may qualify as personal information under Australian law, and we apply the necessary safeguards to protect it. We also receive and store certain automated information about your usage and devices, which helps us evaluate and improve our Service.
We keep personal information only as long as needed for the purpose collected, to meet legal, contractual, tax and audit obligations, or to resolve disputes. Retention periods vary by category of information and applicable legal requirements. When information is no longer required, we securely delete or anonymise it in accordance with FMClarity's information-handling and customer offboarding processes. We protect information with encryption, access controls and regular security audits to prevent unauthorised access, disclosure, alteration or destruction.
FMClarity manages privacy compliance through its ISMS, which includes privacy and security training for all staff under the Security Awareness & Training Policy and:
Maintaining the Register of Requirements so that legal, regulatory and contractual privacy obligations are identified and met.
Privacy Impact Assessments (PIAs) before new or significantly changed processing and before personal information is disclosed outside the jurisdiction where it was collected.
A Data Subject Request (DSR) log recording each access, correction, deletion and complaint request and its response dates.
Where FMClarity controls the information, it reports breaches posing a real risk of significant harm to the Office of the Privacy Commissioner of Canada and affected individuals (Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5). It reports confidentiality incidents posing a risk of serious harm to the Commission d'accès à l'information and affected individuals (Act respecting the protection of personal information in the private sector, CQLR c P-39.1).
1.1. Data Privacy Officer and Responsibilities
The CEO appoints IT Operations as FMClarity's Data Privacy Officer and Québec person in charge of the protection of personal information; if the role is vacant, the Head of Engineering acts in it. The Data Privacy Officer must monitor privacy compliance, handle requests from individuals and privacy regulators, maintain the Data Subject Request (DSR) log and approve Privacy Impact Assessments (PIAs); the CEO approves PIAs for changes IT Operations owns. Contact details are in Section 6.
What we collect
We collect the categories of information listed below. The business and commercial purposes for which we collect this information, and the categories of third parties to whom we disclose it, are described in Section 4 ('How we use and share the information we collect').
2.1. Identity
Information that can identify you includes your full name, email address, postal code, password and other information you may provide with your account, such as your mobile phone number and website. Where the Services permit a user to upload a profile picture, the image may be visible to authorised users within the relevant customer environment as required for operation of the Services. You may optionally provide information through supported third-party sign-in services, such as Microsoft Entra ID and Google, where enabled for the relevant customer environment. In such cases, we receive and store information made available through the relevant sign-in service in accordance with your account configuration and permissions. Your preferences and settings may include information such as time zone and language. It also includes content you add, such as work orders, documents, photographs and comments.
2.2. Messages
If you exchange messages with others through the Services, we may store them in order to process and deliver them, allow you to manage them, and investigate possible violations of our Terms of Service and wrongdoing in connection with the Services. If you send information from the Services to your mobile device via SMS text message, we may log your phone number, phone carrier, and the date and time that the message was processed. FMClarity sends commercial electronic messages only with consent, identifies itself as the sender and includes a working unsubscribe facility, as required by the Spam Act 2003 (Cth) and Canada's Anti-Spam Legislation (S.C. 2010, c. 23). Unsubscribe requests are actioned within 5 business days.
You may opt out of marketing at any time (APP 7).
2.3. Contractor Ratings and Feedback
The Services may allow authorised users to provide ratings, feedback, comments, photographs or other information relating to contractors, suppliers, work orders or services performed. This information is collected and used for facilities-management, service-quality, operational and reporting purposes and may be visible to authorised users within the relevant customer environment.
2.4. Automatic Information
We automatically collect some information about your computer when you visit this website, including traffic data, logs and other communication data, and information about your computer, connection and mobile device, including your IP address, web browser software and operating system.
2.5. Location
When you use one of our location-enabled services, we may collect and process information about your mobile device's GPS location to customise the Services with location-based information and features. Some of these services require your personal data for the feature to work, and we may associate location data with your device ID and other information we hold about you. Location information is collected only where permitted by the relevant device permissions, customer configuration and functionality being used. We keep this data for no longer than is reasonably necessary for providing services to you.
2.6. Cookies
We use essential cookies to operate the Services and analytics cookies to improve them. Where Québec law applies, analytics cookies stay off unless you opt in. You can manage cookies through your browser settings.
Third-party services linked from the Services may set their own cookies under their own privacy policies.
Legal Compliance
FM Clarity Pty Ltd is an APP entity bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Our Services are intended for business use only and are not directed to individuals under the age of 18. We do not knowingly collect personal information from anyone under 18. If we become aware that we have inadvertently collected such information, we will take steps to delete it promptly. FMClarity does not use computer programs to make decisions that could significantly affect an individual's rights or interests.
If an eligible data breach occurs, FMClarity will ensure the Office of the Australian Information Commissioner (OAIC) and affected individuals are notified under Part IIIC of the Privacy Act 1988 (Cth).
How we use and share the information we collect
We use and share information for the following purposes.
4.1. To provide and maintain our service
We use the information we collect to provide, evaluate, improve and personalise our service to you. We, for example, use this information to prefill work orders, display relevant contractors, provide you with support, communicate with you, and comply with our legal obligations. We do not disclose any of your personal information, except as described below, or when we believe in good faith that the law requires it, or to protect the rights or property of FMClarity.
4.2. To evaluate and improve our service
We may anonymise and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools. We use this information to evaluate the quality and appropriateness of our service and to personalise your experience. Where we de-identify or aggregate information, we maintain it in de-identified form, do not attempt to re-identify it, and require recipients to maintain it in de-identified form where appropriate.
4.3. To facilitate third-party communication
When you create or execute a work order through our Services, your information is provided to us and to the contractors with whom you choose to deal. In order to facilitate your work order, we provide relevant information to that contractor in a similar manner as if you had engaged directly with the contractor. If you provide a mobile phone number, contractors or FMClarity may send you text messages regarding your work order's status. Information you choose to share with a contractor in connection with a work order may be used by the contractor for its own legitimate purposes.
As part of our vendor management process, FMClarity conducts due diligence on third parties and sub-processors who may handle personal information on our behalf. Each sub-processor is bound by a data processing agreement, or the provider's standard data processing terms where these cannot be negotiated, recorded in the Supplier Register.
4.4. Data Hosting, Transfers, and Location
We host primary production Client Data and encrypted backups as follows:
For Australian Clients: All primary production Client Data and encrypted backups are hosted exclusively within Australia (e.g., AWS Sydney and Melbourne regions).
For Canadian Clients: All primary production Client Data and encrypted backups are hosted exclusively within Canada (e.g., AWS Canada regions).
FMClarity may engage third-party sub-processors located outside the country in which the relevant customer or user is located. These recipients are mainly located in the United States. FMClarity staff in Australia may access Canadian Client Data to provide support. FMClarity takes reasonable steps, including contractual safeguards, to ensure overseas recipients handle personal information consistently with the APPs. Where practicable, information about relevant sub-processors and their processing locations will be made available to customers through applicable contractual, supplier or privacy documentation.
4.5. Other Disclosures
FMClarity may disclose personal information to professional advisers, auditors, insurers and other professional service providers where reasonably necessary for legitimate business, compliance, legal or risk-management purposes and subject to appropriate confidentiality obligations. If FMClarity is involved in a merger, acquisition, financing, corporate restructure, sale of assets or business, or insolvency process, personal information may be disclosed or transferred as part of that transaction. Where required by applicable law, FMClarity will provide appropriate notice or obtain consent before personal information becomes subject to materially different privacy practices.
Your Privacy Rights
Depending on your jurisdiction, you may have specific rights regarding your personal information.
5.1. Rights for Australian Residents
Under the Australian Privacy Principles, you may request access to the personal information FMClarity holds about you and request correction where that information is inaccurate, out of date, incomplete, irrelevant or misleading. FMClarity will respond to access and correction requests within a reasonable period and generally aims to provide a substantive response within 30 days. Where FMClarity refuses an access or correction request in circumstances permitted by the Privacy Act 1988, we will provide written reasons where required and information about how you may make a complaint.
5.2. Rights for Canadian and Québec Residents
Subject to applicable law, Canadian residents may request access to and correction of their personal information and may withdraw consent to processing where processing is based on consent, subject to applicable legal and contractual restrictions. Where Québec privacy law applies, individuals may also have rights to request that dissemination of certain personal information cease, request de-indexing where permitted by law, and request eligible computerised personal information provided to FMClarity in a structured and commonly used technological format. FMClarity responds within 30 days of receipt, or tells you within that period if a legally permitted extension is needed.
How to Contact Us
To exercise any of the rights described above, challenge our compliance, or if you have questions about this Privacy Policy, please contact our Data Privacy Officer (Québec: person in charge of the protection of personal information):
By Email: privacy@fmclarity.com
By Mail: Suite 1.01, 8 Adolph Street, Cremorne, Victoria, 3121, Australia
We will respond to your request in accordance with applicable law.
6.1. Complaints
If you believe FMClarity has breached its privacy obligations, please contact our Data Privacy Officer using the details above. We will acknowledge your complaint within 5 business days and aim to respond within 30 days. If you are not satisfied with our response, you may be entitled to escalate your complaint to the relevant privacy regulator, including:
Office of the Australian Information Commissioner (OAIC) — Australia
Office of the Privacy Commissioner of Canada (OPC) — Canada
Commission d'accès à l'information du Québec (CAI) — Québec, where applicable
Residents of other jurisdictions may also have the right to complain to the applicable privacy or data protection authority.
Changes to this Policy
FMClarity reviews this policy at least annually and when our Services or legal obligations change. Where we make material changes, we will update the version and date in the Document History and, where appropriate, notify affected users or customers by email, through the Services, or through another appropriate communication channel before the changes take effect.
