1. Purpose and ScopeFUJIFILM Secure Messaging Services trading as Intelli Messaging (Fujifilm SMS, we, our, us) offers products and services related to short messaging (SMS) communications.

We understand the importance of protecting the privacy of individuals and the rights of individuals in relation to their personal information. We also understand the importance of protecting personal information that we handle for our clients and their customers, as well as prospective customers, potential and existing employees and contractors with whom Fujifilm SMS interacts.

This document sets out our policies for managing your personal information and is referred to as our Privacy Policy. This document also incorporates our Credit Reporting Privacy Policy which lets you know how we use any credit-related information that we may collect. In this Privacy Policy, “you” or “your” refers to any individual about whom we collect personal information.

We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) as amended from time to time. We are committed to complying with the requirements of the Privacy Act and the Australian Privacy Principles (APPs) contained in the Privacy Act in all activities of Fujifilm SMS involving the collection, management, use, storage, disclosure and handling of personal information.

This Privacy Policy applies to all personal information collected by us, whether online or offline, including personal information collected or submitted through our websites, including https://intellisms.com.au/, through our Web Application (WebApp), as well as through emails and other correspondence with you.

If you purchase your service from one of our resellers, or if you access our services through an account held by another party who is a direct customer of Fujifilm SMS (for example your employer’s account with us), our resellers and customers have their own privacy policies regarding the collection, use, handling, disclosure and processing of personal information of their end customer or users. We encourage you to read their privacy policies if you want to learn more how your personal data is handled by them.

In signing up to use and access our WebApp, you have been asked to indicate your agreement to the terms of our Privacy Policy. We may update our Privacy Policy from time to time and if at any stage you no longer agree with our practices explained in this Privacy Policy, you may cancel your service and cease using our products and services as set out in your agreement with us.

2. What is your Personal Information?When used in this Privacy Policy, the term “personal information” and “sensitive information” have the meaning given to them in the Privacy Act.

In general terms, personal information is any information that can be used to personally identify you. This may include your name, address, telephone number, email address, credit card details, account number and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

Sensitive information includes health, genetic and biometric information and any personal information about an individual’s race or ethnicity, political opinions or association, philosophical or religious beliefs or association, trade association or union membership, sexual orientation/practices or criminal record.

3. What personal information do we collect and hold?

The kinds of personal information that we collect and hold about you will depend on the circumstances in which it is being collected, including whether we collect the information from you as a customer or prospective customer, contractor, supplier, employee or prospective employee or in some other capacity.

The personal information we may collect and hold includes your name, age or birth date, employer, current and previous addresses, phone numbers, facsimile numbers, email addresses, profession, preferences for using our website, occupation, job title, payment information (such as payment card details which are processed via third party secure payment processing services), bank account information, insurance details, customer service issues or details of your credit worthiness and credit history.

Some of our main relationships and how we deal with data in these relationships are described below.

Customers and prospective customers

If you are a customer of ours, we also collect:

details of the products or services you have purchased from us or which you have enquired about together with any additional information necessary to provide those products and services or to respond to your enquiries;
information about how you use our products and services (including the volume, time and duration of SMS messages you send or receive and information about the services and applications you use);
information you provide when you use our products or services, such as your name, email address, company name and password when you register for our WebApp;
any additional information relating to you that you provide us directly through our websites or indirectly through use of our websites or online presence, through our representative or otherwise;
information you provide us through customer surveys or visits by our representatives from time to time; and
any additional information that is provided by our customers about their customers or end users who use or interact with services that may integrate with our products and services. This information includes information we use to route messages and metadata about messages and it also includes the contents of communications that identify senders and may identify recipients.

Third party providers and business partners

When we do business with you, for example as you work for one of our third party providers, suppliers or other business partners, we maintain records which may include your personal information such as:

personal details such as your name, title, email address, postal address and other business contact details (such as your LinkedIn profile);
information about your employer or an organisation who you represent;
your professional details (such as your job title);
any additional personal information you provide to us, or authorise us to collect, as part of your interaction with Fujifilm SMS; and
other contact details regarding our interactions and transactions with you and the organisation you represent.

Prospective employees

We collect personal information when recruiting personnel, such as your name, title, date of birth, gender, contact details, qualifications and work history (including references and other information included in a CV or cover letter as part of the application process).

Before offering you a position, we may collect other information necessary, to conduct background checks to determine your suitability for certain positions.

If we do collect and/or hold sensitive information, we will only do so if you have given your consent and it is reasonably necessary for such purposes.

4. How do we collect personal information?

We collect information about you when you provide it to us, when you use our products or services and when other parties provide it to us (with your consent), as further described below.

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:

from your access and use of our websites or websites hosted by us and/or the WebApp, including when you sign up for an account with us and through web forms where you type in information;
during conversations or other communications between you and our representatives;
through your use of telephone, mobile and electronic communication with us or our customers;
if you visit our premises, through surveillance cameras and/or fingerprint scanners located at our sites; or
when you or your organisation submit a document or data containing personal information (for example, emails, contact forms, order forms, application forms, credit applications, assets and liabilities statements, proof of identification, direct debit requests, agreements, statements of work, surveys, promotional forms, competition forms etc).

We collect information automatically when you use the Service, including browsing our website or taking certain actions within the WebApp. For more information about the types of data we collect in these circumstances and how we do so please see the section titled “Cookies and Tracking Technologies” below.

We may also collect personal information from third parties including:

from publicly available sources, such as LinkedIn and other professional websites;
from our customers; or
from our related entities and third party companies such as our resellers and aggregators (who may be required to provide us information about you for conducting identity checks) and credit reporting bodies, law enforcement agencies and other government entities.

Some of the personal information we hold or deal with is not collected by us. As we are a communications service provider and provide SMS related services to our clients, some of the data and personal information provided to us by our reseller partners and aggregator partners has not been directly collected by us from the individual concerned. It is impracticable for us to collect information directly from you when we are acting as the “agent” or service provider of our client as our client has already collected the relevant information from you (or another third party).

In respect of personal information which is provided to us by our clients, we do seek client assurances that all such personal information has been collected lawfully and in compliance with the Act and any other applicable privacy and data protection laws. We will not be responsible for, and accept no liability in respect of, any failure by a client to do so.

5. Purposes for which we collect, hold, use and disclose your personal information

We collect personal information about you so that we can perform our business activities and functions and to provide the best possible quality of customer service.

The purposes for which we collect, hold, use and disclose your personal information depends on the nature of your interaction us with, and may be for the following purposes:

to provide products and services to you and/or your organisation and to send communications requested by you or your organisation;
to answer enquiries and provide information or advice and marketing material about existing and new products or services;
to conduct our business of communication services and related functions including providing personal information to our related bodies corporate, clients, contractors, service providers or other third parties;
to detect, prevent, or investigate security incidents, fraud or abuse or misuse of our websites, platform and services;
for the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes of Fujifilm SMS, its related bodies corporate, contractors or service providers;
consider job applicants for current and future employment (including for contractors);
to obtain products or services from you;
to update our records and keep your contact details up to date;
to assess the provision of, and provide credit to you;
to process and respond to any complaint made by you or by others; and
to comply with any law, rule, regulation, industry code, industry standard, binding declaration or determination, decision or direction of a regulator, or in co-operation with appropriate law enforcement agencies in Australia or relevant government authority of another country (or political sub-division of a country).

We may also use your personal information for the other purposes related to those described above which would be reasonably expected by you. When acting on behalf of the client, we use personal information as directed by the client.

We do not disclose personal information we obtain when acting on behalf of one client, to any other client, unless directed by the first client.

Fujifilm SMS sometimes handles personal information relying on exemptions under the Privacy Act, for example in relation to: (i) employee records; (ii) related bodies corporate; (iii) provision of services to State or Territory authorities; and (iv) operations outside Australia relating to personal information of non-Australians. Any permitted handling of personal information under such exemptions will take priority over this Privacy Policy to the extent of any inconsistency.

We may disclose your personal information to:

our employees, related bodies corporate and/or their service providers, clients, contractors or service providers for the purposes of operation of our websites or our businesses, fulfilling requests by you, and to otherwise providing products and services to you and our clients including, without limitation, web hosting providers, IT systems administrators, payment processors, other communication service providers for proper routing and connectivity of messages, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants. Please be aware that some of our interconnecting partners are licensed carriers in jurisdictions outside of Australia who may be required to disclose and provide access to information and communications stored on or traversing their networks for law enforcement processes in accordance with relevant laws in that jurisdiction outside of Australia;
suppliers, clients and other third parties with whom we have commercial relationships, for business, marketing, credit reporting and related purposes;
any organisation for any authorised purpose with your express consent;
other third parties for the purposes of investigating complaints or suspicious use patterns in order protect you or another party against fraud, crime or other misconduct;
service providers to us and government or industry organisations who manage central numbering databases or marketing campaign registries as required by law, regulation or under an industry agreement or code;
law enforcement and national security agencies, and other government and regulatory authorities as required or permitted by law.

6. Cookies and Tracking Technologies

We use common information gathering tools such as cookies, web beacons, pixels and other similar tracking technologies to automatically collect information when you navigate our website, use our WebApp or services to improve and customise our websites and services, and your experience, including to present you with advertising relevant to your interests.

When you access our websites or our WebApp, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your device and to allow you to access and use the services or WebApp without re-entering your username or password. Cookies may store your user preferences to our websites or WebApp. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services.

If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users’ movements, and gather broad demographic information. We collect IP address when you make requests to our APIs or when you use our WebApp. We use this information to understand how you are using our platform, who those customers are (to ensure security and prevent misuse), what country they are logging in from (for analytics and quality purposes).

We also use web beacon to gather data about your use of our websites and how you interact with emails we have sent to you. Web beacons are clear electronic images that can recognise certain types of data on your computer, like when you view a particular website tied to the web beacon, and a description of a website tied to the web beacon. Additionally, we may put web beacons in marketing emails that notify us when you click on a link in the email that directs you to a Fujifilm SMS website. We use web beacons to operate and improve our websites and email communications to you.

7. What happens if we can’t collect your personal information?

If you do not provide us with the personal information described above, some or all of the following may happen:

We may not be able to provide the requested products or services to you, either to the same standard or at all, or we may not be able to supply services to our clients which will enable our clients to do the same; or
We may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions, or we may not be able to supply services to our clients which will enable our clients to do the same; or
We may be unable to tailor the content of our websites to your preferences, or we may not be able to supply services to our clients which will enable our clients to do the same; or
If you are a client of ours, we may not be able to provide you with the products and services you require; or
If you are a contractor to us, you may not be able to provide your products or services to us.

8. Direct Marketing

We may send you direct marketing communications and information about our products and services that we, or our clients, consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). At any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list (or where we are using a mailing list provided by our client, we will pass your request on to our client).

We do not provide your personal information to other organisations for the purposes of direct marketing. However, where we are engaged by our clients to act on their behalf in collecting, holding or processing personal information, then we will pass that personal information on to our client, to our client’s other agents or to third party suppliers as directed by the client or to fulfil our obligations to our client.

9. Accessing and correcting personal information

You may request access to any personal information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by directing you to self-service features in our WebApp).

If we hold personal information on behalf of a third party (for example, on behalf of a client that is using our communication products and services) then we may direct you to contact that third party for the purposes of accessing and correcting your information.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.

10. Disclosure of Personal Information outside Australia

We may disclose personal information to our related bodies corporate and third party suppliers and service providers located overseas for some of the purposes listed above.

We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the applicable privacy obligations relating to your personal information.

We may disclose your personal information to entities located outside of Australia, including the following:

our related bodies corporate located in Hong Kong, Taiwan, Philippines, Singapore, Japan, Thailand, Malaysia, South Korea and New Zealand and their suppliers located in Japan, Philippines, Netherland, Ireland and Australia;
our data hosting and other IT service providers or suppliers, located in New Zealand, India and the United States of America; and
other communications service providers for proper routing and connectivity of communications as requested by our client;
such other foreign countries that we or our clients disclose to you at the time of collecting your personal information.

11. Security

We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure using a combination of technical measures, security controls and interna processes. We may hold your information in either electronic or hardcopy form.

Personal information is destroyed or de-identified when no longer needed.

As our websites are linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information communicated online.

We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

12. Credit Reporting Privacy Policy

This Credit Reporting Privacy Policy describes our practices in connection with information we collect and hold about individuals when providing commercial credit, in particular:

information we collect and hold about individuals who are directors and/or officers of a company, when providing commercial credit to that company;
information we collect and hold about individuals who provide a personal guarantee to us in relation to commercial credit we provide to a company; and
information we collect and hold about individuals who are obtaining that credit for their own business purposes as sole traders or partners in a partnership.

In this Credit Reporting Privacy Policy, “credit-related personal information” means one or more of “credit information”, “credit eligibility information”, “credit reporting information” or “regulated information”, as those terms are defined in the Privacy Act.

When you apply for or obtain or guarantee credit from us, the credit-related personal information that we collect from you includes information that identifies you, such as your name, postal address, email address and date of birth and your driver’s licence number.

We may exchange credit-related personal information about you with credit reporting bodies (CRBs) for the purposes of assessing commercial credit applications from you or companies of which you are a director, and also to assess whether to accept a guarantee from you.

We use the information we collect from and about you for account management and administrative purposes directly related to the provision or management of the commercial credit we provide to you or to companies of which you are a director.

We may also report defaults in payment terms or guarantee commitments in relation to commercial credit to CRBs. We may also disclose your credit-related personal information to any guarantor of your obligations to us.

We may also use the information we collect from and about you to:

collect overdue payments;
assign debts; and
create assessments and ratings of your credit worthiness.

We may disclose your credit-related personal information to our related bodies corporate and third party suppliers and service providers located outside Australia, for the purposes set out in this Credit Reporting Privacy Policy. Further details about such overseas disclosures are set out in section 10 of this Privacy Policy.

For information about the following topics in relation to our handling of credit-related personal information please refer to the applicable section of our Privacy Policy (of which this Credit Reporting Privacy Policy comprises a part):

Access and Correction – see section 9;
Disclosure outside Australia – see section 10; and
Security – see section 11; and
Complaints – see section 14;

13. Links

Our websites may contain links to other websites operated by third parties. The privacy and data security practices of such third parties and their sites and/or services are governed by the privacy notices of those third parties, and not this privacy policy. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website.

14. Complaints

If you have any questions about this Privacy Policy, any concerns or a complaint regarding the treatment of your personal information or a possible breach of privacy, please contact our Privacy Officer using the details set out below and provide details so that we can investigate your concern or complaint.

We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your request or complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

If you are not satisfied with our response to your request or complaint, or you consider that Fujifilm SMS may have breached the APP or the Act, a complaint may be made to the Office of the Australian Information Commissioner by using the contact details on the website www.oaic.gov.au.

15. Contact Us

Please contact our Privacy Officer at:

Privacy Officer Fujifilm Secure Messaging Services Pty Ltd Suite 26.01, Level 26, 175 Liverpool St Sydney NSW 2000 Telephone: 02 9612 8000 Email: im.privacy.ka@fujifilm.com

16. Updates

Fujifilm SMS may amend this Privacy Policy from time to time, with or without notice to you. Any updated versions of this Privacy Policy will be posted on our website and we recommend that you visit our website to keep up to date with any changes. Any personal information we hold will be governed by the most current version of the Fujifilm SMS Privacy Policy.

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Privacy Policy (Archive – 6th November 2024)