Privacy Policy - Standard

Welcome to 91��! We value the trust you place in us when providing us with your Personal Information, and we aim to protect your information to the highest of standards as we provide our products and services to you. This Privacy Policy is current as of 23 February 2023. View the archived versions here.

If you have any questions about the latest changes to this policy, please see the FAQs page on our Help Centre.

FAQs:

It is important for users of the Swag app to know that ‘Swag’ is a brand created by 91��, and this Privacy Policy also applies to the Personal Information you provide to us when using the Swag app.

2. Scope

At 91��, we are committed to safeguarding the privacy of our customers and end-users (“you” or “your”) who visit our websites, use or request our Services (including any financial services products and any other apps or services we may offer), or engage with us in any way including participating in any of our events or promotions.

This Privacy Policy applies to all Personal Information that we collect, use, or disclose when providing the websites, platforms, apps, products, and services owned or operated by us, including in relation to the following:

91�� HR and Payroll Platform (91�� Platform)
Swag app
Applicant Tracking System (ATS) (also known as the Career Pillar in the Swag app)
HeroForce EoR
Hero Passport

(together, known as the “Services”)

By providing Personal Information to us, or using our Services, you consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Policy and any collection notices provided to you from time to time.

3. Privacy Policy Amendment

We may change our Privacy Policy from time to time by publishing changes to it on our website. These changes will apply to your use of our Services from the date of publication. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

If the changes to our Privacy Policy is significant and you have an account with us, we will let you know through your account or by email.

See archived versions

4. Who are we?

In this policy, “91��”, “we”, “us” or “our” means 91�� Pty Ltd. If you want to know more about who we are, please see our list of 91�� affiliates here.

5. What is Personal Information?

The term “Personal Information” means any information, opinion, or data that we collect about an individual where that individual is identified or where that individual is reasonably identifiable. It also includes “personal data”, or similar terms as defined in any applicable privacy or data protection laws.

“Personal Information” is information or opinions about you which:

can be used to identify, contact, or locate you; or
can be combined with other information that is linked to you.

If you can’t be identified (for example, when Personal Information has been aggregated and anonymised) then this notice doesn’t apply.

A subset of Personal Information is “Sensitive Information”. Sensitive information includes information or an opinion about a person’s race, gender diversity, sexual orientation, disability, ethnic origin, political opinions, membership of a political association, membership of a professional or trade association, heath, religious or philosophical beliefs, and criminal history.

6. What Personal Information do we collect?

The types of Personal Information we may collect, and hold will vary depending on your dealings with us through your use of our Services.

We may collect, use, or disclose Sensitive Information with your consent when providing our Services to you. We may also process your ‘Sensitive Information’ held in the documents uploaded to our platforms or apps by or on behalf of you.

By providing Personal Information including Sensitive Information to us or consenting to a third party providing such information to us, you consent to our collection and use of that information as set out in this Privacy Policy.

a) Personal Information we collect when you use our Services

We may collect Personal Information from you as a customer or end-user of our Services. Personal Information we collect when you use these Services may include, but is not limited to, the following:

individual information including name, date of birth, age, gender, sex, marital status, and profile photo;
business information including company or business name, and other information regarding your business and/or employees that can be used to identify an individual;
contact information including residential and/or postal address, email address, telephone number, and social media handles;
current and past employment related information including occupation or job title, information relating to your current employer, information relating to your former employer and role, key dates relating to your current role and/or past roles, superannuation information, salary and/or pension details including documents such as payslips and payment summaries, timesheets, performance reviews and workplace engagement information, citizenship and visa status for work eligibility purposes, emergency contact information, and tax information;
job application related information including CV, cover letter, profile photo, work preferences, salary expectations, education history, work history, qualifications, languages, references (if you are applying for a role with 91�� or our affiliates, please refer to our Applicant Privacy Policy);
recruitment related information including job vacancy details, profile photo, company details relevant to the job posting such as work location and contact emails, and the name and contact details of any personnel involved in the recruitment process;
billing information including payment details such as banking, or debit/credit card details; and
Sensitive Information including health or disability information, biometric information, immigration information, criminal history and background checks, and any diversity related information such as racial and/or ethnic origin.

b) Personal Information we may collect when providing additional products and services through our Services may further include, without limitation:

group certificates, payslips, and other income or earnings information;
proof of identity documentation, such as passports, drivers licence, Medicare number and birth certificates;
financial information, including but not limited to, home loans, credit cards, vehicle loans and personal loans;
utility bills including internet services;
health and life insurance policy statements;
information relevant to your lifestyle options including but not limited to, health and fitness information, entertainment services and mobile services;
information relevant to your financial needs and objectives;
information relevant to your assets and liabilities, income, and expenses; and
information relevant to your investment preferences and attitude or tolerance to risk.

c) Personal Information we collect from your other interactions with us

We collect Personal Information when you interact with us, such as when you use our websites, communicate with us via email, telephone, social media or chatbots, make enquiries regarding demos, attend or participate in our events, or when we collect feedback from you on the Services we provide. The Personal Information we may collect in these circumstances include your name, business name, address, email, phone number, company/employer, job function, team size, date, time, reason for contacting us, survey and research responses, social media information, and call recordings.

d) Personal Information we collect from you automatically

We automatically collect usage information when you browse our websites or use our Services to improve our Services and enhance your user experience. This information includes digital interactions data, i.e., how you use our digital properties (including our websites, third-party websites, social media sites, apps and electronic communications), metadata (collected on an anonymous basis), consumer analytic data (collected on an anonymous basis but which can be attributed to you based on other information we have about you), log file information, information about the type of device and operating system used by you, location information, computer IP addresses, and marketing and cookie preferences, including any consent you have given us.

e) Personal Information we collect from you about third parties

From time to time, you may provide us, and we may collect from you, Personal Information of or about a third party (for example, information you put into our platforms and apps as an employer on behalf of your employees). When you provide the Personal Information of a third party, it is your responsibility to ensure that the necessary consent has been acquired or other lawful basis is relied on, and that those individuals are aware of this Privacy Policy, and that they understand it and agree to accept it.

7. How is your Personal Information collected?

We only collect the Personal Information that you give us when you use our Services, and through your other interactions with us. We may also collect your Personal Information from third parties where it is necessary for the purposes of providing our Services to you.

a) Collection of Personal Information directly from you

We collect Personal Information directly from you:

when you fill out and submit registration forms, and customer feedback or survey forms.
when you use our Services, and/or interact with our websites, platforms, and apps, such as when you input your details or upload documents into your account through use of the 91�� Platform or Swag app;
by dealing with you in person or over the phone, for example when asking for contact details from you so you can sign up to a free trial, or request support;
virtually through electronic communications including emails, SMS, or video conference, or through our, platforms, apps, social media platforms, and websites, including through the use of sign-up features and chatbots; and

b) Collection of Personal Information from third parties

We may collect Personal Information about you from third parties in the process of providing our Services to you in the following ways:

if you are an individual employed through our HeroForce EoR, we may collect Personal Information from the party that has engaged us as a HeroForce EoR customer;
if you have subscribed to our ATS services, we may collect Personal Information about you from the job poster or the job applicant (depending on which role you represent), through third-party job application platforms which are integrated with the ATS service, or through in-app communications; and
we may receive Personal Information about you from your superannuation fund when verifying your membership with them and providing our Superannuation services to you.

We may also collect your Personal Information from third parties where you have provided consent, or where such Personal Information is provided under a legal basis. This includes, but is not limited to, circumstances where an employer provides information about employees through our platforms or apps. This also includes where Personal Information is collected through third-party APIs, or by third party service providers including social media sites who are permitted to disclose that information to us to support our delivery of Services or direct marketing activities.

We may also collect Personal Information about you through our Related Bodies Corporate or affiliates.

If someone has entered your Personal Information onto our platforms or apps on your behalf, you’ll need to contact that user for any questions you have about your Personal Information (including when you want to access, correct, or amend, the information, or request that the user delete your Personal Information).

8. How we use your Personal Information

a) How your Personal Information is used in the general provision of our Services

The primary purpose for which we collect Personal Information about you is to enable us to perform our business activities and provide our Services to you. We collect, hold, use, and disclose your Personal Information for the following purposes:

to provide our Services to you, including the 91�� Platform, Swag app, ATS services, HeroForce EoR, and Hero Passport;
to manage and enhance our Services, to personalise and customise your experience with our Services, and to provide you with any necessary support to receive our Services;
to provide you with information about our existing and new products and services (including for direct marketing purposes as described below);
to verify your identity and enable us to monitor suspicious or fraudulent activity;
to investigate any complaints made by you, or made about you;
to investigate any suspected breach of any of our terms and conditions or unlawful activity engaged in by you;
for any other purpose we reveal to you at the time of collection; and
to meet our obligations and exercise our rights under applicable laws.

We may use Personal Information for the purpose of allowing third parties to provide additional products and services to you where you made such a request or have given us consent to do so.

If you do not provide us with the Personal Information described in this policy:

we may not be able to provide you with information about our Services that you requested;
we may not be able to provide you with a subscription and access to our Services that you requested; and
we may not be unable to tailor the content of our Services to your preferences and your experience of our Services may not meet your desired needs.

b) How your Personal Information is used in providing Superannuation services

Where we have a relationship with your superannuation fund, we make the services of superannuation funds accessible to you the 91�� Platform and the Swag app (Superannuation services). We make no representations or warranties in relation to the privacy practices of any superannuation fund. Superannuation fund websites are responsible for informing you about their own privacy practices and policies. Our Superannuation services will include providing you with a link to connect with, and access, the services of your superannuation fund.

Where you have subscribed to our Superannuation services, we may collect, hold, use, and disclose your Personal Information to allow our partner superannuation funds to check your membership with them. If your membership with a partner superannuation fund is verified, then we will only continue to use your Personal Information to provide you with access to the services of your chosen superannuation fund and provide other related products and services to you.

You can opt out of receiving access to these Superannuation services at any time by unsubscribing from the service through the 91�� Platform or the Swag app.

9. How can we share your Personal Information

a) Sharing of Personal Information when providing our Services

We may share your Personal information with our affiliates and with other third parties from time to time for the purposes and means described in this Privacy Policy. In delivering our Services, we may disclose your Personal Information to:

our employees, Related Bodies Corporate (see list of affiliates page), contractors for the purposes of the delivery and operation of our Services, and fulfilling requests by you;
our Related Bodies Corporate for the purposes of the delivery of their services to you where you have subscribed to their services, or where they integrate with us to provide our Services;
our existing or potential agents, business partners, contractors, event partners, joint venture entities or partners to enable us to perform our business activities and provide our products and services to you;
relevant authorities and institutions including the tax authorities, payroll providers, banks, financial institutions and superannuation providers in connection with the provision of our Services or if required by law;
relevant third parties in connection with or contemplation of (including as part of due diligence process) any merger, acquisition, reorganisation, financing, sale of assets or insolvency event involving us or our affiliates;
your employer, if you use our Services in connection with your employment;
third parties by sharing aggregated data or data that has been stripped of personally identifying characteristics; and
the police, any relevant authority or enforcement body, your internet service provider or network administrator, if required by law or we consider it necessary for the protection of our systems or for the prevention or detection of illegal activity.

b) Sharing of Personal Information specific to our Applicant Tracking System (ATS)

To provide our ATS services, we facilitate the connection between job posters and job applicants to assist in the recruitment process and help businesses attract talent. In providing this service, we share your Personal Information with job posters where you are an applicant under this service, or to applicants where you are a job poster under this service.

c) Sharing of Personal Information specific to our HeroForce EoR

To provide our HeroForce EoR, we act as the employer of record for employees who offer their skills and services to our customer. To provide this service and facilitate the relationship between our customer and the employee, we may share Personal Information of each party with the other. This means that if you are a customer under this service, we may share your Personal Information with the employee, and if you are an employee under this service, we may share your Personal Information with the customer.

d) Sharing your Personal Information with third parties

We may disclose your Personal Information to specific third-party service providers who facilitate the delivery of our Services and operation of our business activities. We disclose your Personal Information to such third parties as doing so may be necessary to adequately provide our Services to you, or to assist us in analysing how our Services are used and ensure they are provided to you at the highest quality. These third parties are given access to your Personal Information only to perform these tasks on our behalf or for our benefit and are required not to disclose or use it for any other purpose.

We share your Personal Information with our payments partner, Hay Ltd (Hay), so that you can apply for non-cash payment products that they issue. If we, or Hay, share your information with third party organisations (including those based in the US and UK) for the purpose of providing risk assessments and transaction monitoring (PEP and sanctions checking), it will only be related to the provision of the product provided by us via the Swag app that contains the spend account and Swag debit card (Swag Spend). We also share your Personal Information with third parties to verify your identity for the purposes of providing you with Swag Spend.

e) Sharing of Personal Information with Superannuation funds (when providing our Superannuation services)

10. Overseas disclosure of Personal Information

We may disclose your Personal Information to recipients located outside Australia, including our affiliates located in New Zealand, Singapore, United Kingdom, Malaysia, the Philippines, and Vietnam, and third-party service providers located globally, where it is deemed reasonably necessary for us to make such disclosure. Where we disclose Personal Information to overseas parties, we will ensure that the overseas recipient complies with the APP guidelines when dealing with the Personal Information, and we put safeguards in place to ensure your Personal Information remains protected.

When we disclose Personal Information overseas, we take measures to ensure your information is treated in accordance with at least the standards that apply in the country whose privacy or data protection laws apply to that Personal Information (other than when compelled to make disclosure under local laws).

For individuals in the European Union or UK, this means that your data may be transferred outside of the EU/UK. For further information on our transfer mechanisms please see our EU/UK Privacy Policy and Data Processing Agreement.

11. Do we use your Personal Information for Direct Marketing?

We may use Personal Information for direct marketing reasons by providing you news or information about our Services that you either request from us, or we believe may interest you. These communications may be sent in various forms, including mail, social media, SMS, or email.

Where you have subscribed to our Superannuation services, we may use your Personal information to directly market the products and services of your superannuation fund which we believe may be of interest to you.

You can opt out of receiving our direct marketing communications at any time by using any of our unsubscribe or opt-out mechanisms provided within our method of communication to you, or by contacting privacy@employmenthero.com.

We may still send you important notices relating to your account, operational activities, and technical updates when providing our Services even after you have opted out of receiving marketing communications.

12. Storage & Security of Personal Information

Personal information held by us will be stored and managed by our third-party suppliers who store data on secure data centres. Further details on our third-party storage provider’s location and security can be .

While we take all reasonable steps to ensure the security of our system, we cannot provide any guarantee regarding security of the Personal Information and other data transmitted to the Services and we will not be held responsible for events arising from unauthorised access of your Personal Information.

You can also play an important role in keeping your Personal Information secure, by maintaining the confidentiality of any password and accounts used on the Services. Please notify us immediately if there is any unauthorised use of your account by any other internet user, or any other breach of security relating to your account via email at privacy@employmenthero.com.

13. GDPR Compliance

Our processing of your Personal Information may at times be covered by the General Data Protection Regulation of the European Union (EU GDPR) and/or the General Data Protection Regulation of the United Kingdom (UK GDPR). Where our processing of Personal Information is covered by the EU GDPR and/or the UK GDPR, please refer to the following privacy policy: EU/UK Privacy Policy.

14. Cookies and statistical analysis

The Services we provide use cookies and similar technologies on our platform, app and websites. Cookies are small text files containing a string of alphanumeric characters which are sent to your computer that uniquely identifies your browser and lets us enhance your experience when using our Services. Cookies also convey information to us about how you use our Services.

The information that may be recorded includes information regarding your:

server address;
domain name;
date and time of visit;
previous websites visited;
use of our sites; and
browser type.

You can also read our Cookie Policy to further understand how cookies and similar technologies may be used to collect and use your Personal Information.

15. Third-Party Links

The Services may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third-party website. Third-party websites are responsible for informing you about their own privacy practices and policies.

16. Google API policies

Our use of information received from Google APIs will adhere to the , including the Limited Use requirements.

17. Access to, and correction or deletion of your Personal Information

We will endeavour at all times to maintain an accurate record of your Personal information. To assist us in keeping our records up to date, you should ensure all Personal Information provided to us is accurate and up to date, and to notify us of changes where appropriate.

You have the right to access the Personal Information which we hold about you and for corrections to be made to this information. If you wish to verify or correct any of the details you have submitted to us, you may do so by contacting us via email at privacy@employmenthero.com. There are some circumstances in which we are not required to give you access to your Personal Information.

Contact us via email at privacy@employmenthero.com to request deletion of your user account and/or data. As soon as practicable after your request, we will take reasonable steps to delete your information from our systems and will provide your request to any relevant sub-processors. These steps will not include deleting any information stored in our system backups.

If you are an employee whose Personal Information has been uploaded to our platforms or apps by your employer, you may need to ask your employer to delete the Personal Information on your behalf. Your employer will then request us to delete it from our systems.

Our security procedures mean that we may request proof of identity before we reveal Personal Information. This proof of identity will take the form of your e-mail address and password submitted upon registration. You must therefore keep this information safe as you will be responsible for any action which we take in response to a request from someone using your email and password.

18. Retention

The length of time we keep your Personal Information depends on what it is and whether we have an ongoing business need to retain it (for example, to provide you with a service you’ve requested or to comply with applicable legal, tax or accounting requirements).

We’ll retain your Personal Information for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it, in accordance with our data retention policy and practices. Following that period, we’ll make sure it’s deleted or anonymised.

19. Enforcement and complaints

We regularly review our compliance with this Privacy Policy as well as under applicable privacy laws. If you have a complaint regarding this Privacy Policy or any breach of applicable privacy laws, please contact us via email at privacy@employmenthero.com. Once we receive a complaint, we will commence an investigation as soon as practicable. We may contact you during the process to seek any further clarification if necessary. We will also contact you to inform you of the outcome of the investigation and if appropriate to confirm how we will comply with our obligations under the Privacy laws in relation to a notifiable data breach.

We will aim to ensure that all questions and concerns are resolved in a timely and appropriate manner. If you are not satisfied with the outcome of your complaint, or require further information on privacy, you are entitled to contact your local data protection supervisory authority.

The supervisory authority that applies to customers and users in different countries in which we operate are set out below.

Country	Supervisory Authority	Website
Australia	Office of the Australian Information Commissioner
New Zealand	Office of the Privacy Commissioner
United Kingdom	Information Commissioner’s Office (see our EU/UK Privacy Policy for how we handle EU/UK Personal Data)
Singapore	Personal Data Protection Commission
Philippines	National Privacy Commission
Malaysia	Personal Data Protection Department	Email: aduan@pdp.gov.my or complaints portal:
Vietnam	Ministry of Information and Communications

20. Contact us

Any questions or concerns that you have regarding our Privacy Policy or a breach of any applicable privacy or data protection laws should be directed to privacy@employmenthero.com.

For European Union or UK data protection purposes, our representative is Bird & Bird GDPR Representative Services Ireland who can be contacted by email at: eurepresentative.employmenthero@twobirds.com.

21. Our other Privacy Policies

EU/UK Privacy Policy

Applicant Privacy Policy

Data Processing Agreement

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