Fulcrum means Fulcrum Procurement Pty Ltd (ABN 98 640 240 320) of 21 Edmund Street, Clifton Hill, 3068, Australia (Fulcrum or we).
This Privacy Policy (Policy) details how we treat your personal information whenever you deal with Fulcrum or use Fulcrum’s Marketplace or when you access a Fulcrum website (collectively the FulcrumServices).
Definitions
Fulcrum’s Marketplace means the collection of services provided by Fulcrum to facilitate the purchase of goods and services by approved buyer members from approved supplier members through tender programs; on-line auction platform; and such other services Fulcrum offers to facilitate the placement of orders and payment for orders.
What does Fulcrum collect?
Fulcrum collects certain personal information about visitors and users of the Fulcrum Services.
Fulcrum usually collects the following types of personal information: username, login details, gender, birthdate, job title, your payment gateway login credentials and payment transaction information, IP addresses, internet usage information, MAC address, your location when you access Fulcrum Services, contact details, images, tax information, support queries, content you upload to the Fulcrum Marketplace or that you direct Fulcrum to make available on Fulcrum’s services (such as problem solving tips), your actions on Fulcrum Services (including any selections or inputs into items) and web and email analytics data. Fulcrum will also collect personal information from job applications (such as, your CV, the application form itself, cover letter and interview notes).
How Fulcrum collects personal information
Fulcrum collects personal information directly, when you provide it to Fulcrum, automatically as you navigate through the Fulcrum Services, or through other people when you use Fulcrum Services through a third party.
Fulcrum collects your personal information when you provide it to Fulcrum for the purpose of registering to use the Marketplace or when you use a Fulcrum Service, subscribe to Fulcrum a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send Fulcrum a communication.
When you permit your staff to use Fulcrum Services, you disclose their personal information to Fulcrum to the extent necessary to permit them to use Fulcrum Services. You confirm that you have your staff’s express and voluntary consent prior to disclosing their personal information to Fulcrum.
Personal information we collect about you from others
Although we generally collect personal information directly from you, on occasion, we also collect certain types of personal information about you from other sources. In particular:
financial and/or transaction details from payment gateway providers that you choose to process your payment transaction; and
other third-party sources/and or partners whereby we receive additional information about you (to the extent permitted by applicable law), such as demographic data, and combine it with information we have about you.
How we use personal information
We use your personal information:
to enable you to access Fulcrum Services;
where your personal information is necessary for purposes which are in our, or third parties’, legitimate interests such as:
operating, maintaining, improving and promoting the Fulcrum Services;
processing any financial transactions Fulcrum facilitates for you;
providing you with support or professional services;
updating you about anything that is relevant to you regarding the Fulcrum Services including updates and planned or emergency outages;
monitoring activity on the Fulcrum Services to minimise the risk of fraudulent activity and to ensure that you and your staff comply with Fulcrum’s terms and conditions;
managing Fulcrum’s legal and operational affairs (including, managing risks relating to content and fraud matters);
training Fulcrum staff in relation to customer service issues; and
processing your job application to Fulcrum.
when you give Fulcrum consent:
to market products and services to you; and
customising the Fulcrum Services such as through cookies or similar technologies – in order to provide a more personalised experience.
When we are required to use your personal information by law, for purposes which are required by law.
For the purpose of responding to requests by government, a court of law, or law enforcement authorities conducting an investigation.
When we disclose your personal information
We will disclose personal information to the following recipients:
subcontractors and service providers who assist Fulcrum with the ways we use personal information (as set out above), in particular: website hosting providers; technical and customer support services [which are located in Australia, sales, marketing and analytics services which are located in Australia; security and fraud prevention services which are located in Australia; your payment gateway provider; and identification verification services located in the Australia, Fulcrums’ subcontractors and services providers may also transfer and access such information from other countries in which they have operations.
our legal and commercial professional advisers Australia;
regulators and government authorities in connection with Fulcrum’s compliance procedures and obligations;
a purchaser or prospective purchaser of all or part of Fulcrum’s assets or Fulcrum’s business, and their professional advisers, in connection with the purchase;
a third party to respond to requests relating to a criminal investigation or alleged or suspected illegal activity;
a third party, in order to enforce or defend Fulcrum’s rights, or to address financial or reputational risks;
a rights holder in relation to an allegation of intellectual property infringement or any other infringement; and
other recipients where we are authorised or required by law, or requests by government, a court of law, or law enforcement authorities, to do so.
Where we transfer and/or store your personal information
We are based in Australia so your data will be processed in servers located in Australia.
Security of your personal information
We store personal information on secure servers that are managed by Fulcrum and Fulcrum’s service providers that are located in Australia, and occasionally hard copy files that are kept in a secure location in Australia. Personal information that we store or transmit is protected by industry standard security and access controls.
Your access to your personal information held by Fulcrum
You can access some of the personal information that we collect about you by logging in to your account.
You can request Fulcrum correct any errors in that data Fulcrum holds about you.
You can request to access personal information we hold about you. Fulcrum reserves the right to charge you a $11.00 to contribute to Fulcrum’s time and administrative costs in complying with your request for access. Fulcrum may request you to verify your identify before Fulcrum provides you with access to your personal information.
You can also close the account you have with Fulcrum for any of the Fulcrum Services at any time. To make an access or correction request, contact Fulcrum’s privacy officer using the contact details at the end of this Policy.
Marketing Choices regarding your personal information
When you subscribe to Fulcrum’s email list or otherwise have indicated that you are interested in receiving offers or information from us), Fulcrum will send you marketing communications by email about products and services that we feel may be of interest to you. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future by using the “unsubscribe” facility provided in the communication itself.
You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of the Fulcrum Services may not work properly in your case.
Fulcrum’s website cookies and web analytics
When you visit the Fulcrum’s website and platforms, Fulcrum’s website and platforms collect certain generally anonymous information and that does not reveal your identity. If you’re logged into your Fulcrum Marketplace account, some of this information could be associated with your account. The generally anonymous information we may collect include:
your IP address or proxy server IP address;
the domain name you requested;
the name of your internet service provider;
the date and time of your visit to the website;
the length of your session;
the pages which you have accessed;
the number of times you access the Fulcrum site within any month;
the file URL you look at and information relating to it;
the website which referred you to the Fulcrum Services;
the operating system which your computer uses; and
the technical capabilities of your web browser.
Occasionally, we will use third party advertising companies to serve ads based on prior visits to the Fulcrum Services. For example, if you visit the Fulcrum Services, you may later see an advertisement for Fulcrum’s products and services when you visit a different Site.
You can control or reset your cookies and similar technologies through your web browser, which will allow you to customise your cookie preferences and to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Fulcrum Services may not function properly if the ability to accept cookies is disabled.
Information you make public or give to others
If you make your personal information available to other people, such as on a public forum or on social media, Fulcrum cannot control nor is Fulcrum responsible for the way those other people use or manage that data. Before making your information publicly available or giving your information to anyone else, think carefully and check the privacy policy for that site to understand its information management practices as this privacy policy will not apply.
How long we keep your personal information
We retain your personal information for as long as is necessary to provide our services to you and others, and to comply with Fulcrum’s legal obligations. If you no longer want Fulcrum to use your personal information or to provide you with the Fulcrum Services, you can request that we erase your personal information and close your Fulcrum Marketplace account. Please note that if you request the erasure of your personal information we will retain information from deleted accounts as necessary for Fulcrum’s reasonable business interests, to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations or requests by government, a court of law, or law enforcement authorities, enforce the terms of service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.
When we need to update this policy
We will need to change this policy from time to time in order to make sure it stays up to date with the legal requirements and Fulcrum’s privacy management practices.
When we do change the policy, we’ll make sure to notify you about such changes, where required. A copy of the latest version of this policy will always be available on this page.
How you can contact us
If you have any questions about Fulcrum’s privacy practices or the way in which we have been managing your personal information, please contact Fulcrum’s privacy officer in writing 21 Edmund Street, Clifton Hill, 3068, Australia or info@fulcrumprocurement.com.au.
If your personal information has been compromised
If your personal information in our control is compromised as a result of a breach of security, Fulcrum will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose personal information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
European Economic Area users
For, European Economic Area (EEA) Fulcrum users, Fulcrum is obliged to comply with the requirements of the General Data Protection Regulation with respect to your personal information including the General Data Protection Regulation (GDPR). The GDPR governs how Fulcrum may process your information, and the rights that EEA users have in relation to it.
For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the “GDPR”), we are a ‘data controller’ of your personal information.
If you are a Fulcrum user to whom the GDPR applies, then, in addition to the rights described elsewhere in this policy, and subject to the exceptions provided for in the GDPR, you may require Fulcrum to delete the personal information Fulcrum holds about you, or that Fulcrum ceases using it, if it is no longer required, if you withdraw your consent to Fulcrum’s use of it or if you object to Fulcrum’s processing of it. You may also require that Fulcrum ceases to use your information where there is doubt over its accuracy.
If you are a Fulcrum user to whom the GDPR applies, then Fulcrum needs your personal information to provide you the Fulcrum Services and to fulfil Fulcrum’s obligations under Fulcrum’s terms and conditions. This use of your personal information is in Fulcrum’s legitimate interests. Fulcrum’s legitimate interests include providing properly functioning and improving Fulcrum Services, obtaining payment for the Fulcrum Services (if applicable), sending you marketing and enhancing our Service via research and development, data analytics, data labelling and machine learning. We do not rely on this lawful basis where our legitimate interest is overridden by your interest in protecting your data.
If you are a Fulcrum user to whom the GDPR applies, then You consent to Fulcrum or have a reasonable expectation of Fulcrum using your information in a certain way – for example, to inform you about new features or offers.
All enquires relating to the processing of personal information and Fulcrum’s compliance with the GDPR, including any requests relating to the deletion or our ceasing to use your information should be addressed to the Privacy Officer at the details set out above.
Your consent to use your personal information
Sometimes, Fulcrum requires your personal information to comply with legal or contractual obligations. In this instance, then provision of such data is mandatory if you wish to use the Fulcrum Services in the manner in which they were designed.
If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.
Both personal information and personal data have the same meaning in this Privacy Policy.
