Privacy Policy
Last Updated: September 2022
Overview and Scope
Protecting your privacy is important to us. Accordingly, we’re providing this Privacy Policy in accordance with the Australian Privacy Principles (“APPs”) described in the Privacy Act of 1988 (Cth) to explain our practices regarding the collection, use and disclosure of information that we process in the course of our business, including information we receive through our Website, email and phone.
This Privacy Policy applies only to anyone who interacts with us, including our customers, Website guests and visitors, as well as our employees, contractors and staff who we collect Personal Information from (each an “Applicable Individual”).
This Privacy Policy is incorporated by reference into our Terms of Service. So, please make sure that you have read and understood our Terms of Service to get yourself familiar with the conditions governing our Website and Services.
By submitting Personal Information to us via the Website, email or phone, and by using our Services, you understand that you are expected to read, understand and agree to this Privacy Policy. By using our Services, you consent to how we process your information. If you do not consent, your only option is to refrain from using our Services.
Definitions and Interpretations
The undefined capitalised words and words in pronouns have the following meanings when used under this Privacy Policy:
- Personal Information refers to any information we collect about any Individual – whether through the Website, email or phone – which can be used to identify that Individual (for example, a name, billing information, email address, etc.).
- Services refer to the audio and video transcription services provided by Landmark.
- Website refers to our website accessible at https://landmarktranscription.com.au/.
- user, you and your refer to an Applicable Individual – in other words, you that is reading this Privacy Policy.
About Landmark
Anywhere the words “Landmark”, “we”, “us”, or “our” are mentioned under this Privacy Policy, they are referring to Landmark Associates Pty Ltd (ABN: 54 635 713 129), with the business address Level 2, 160 Wharf Street. Spring Hill QLD 4000. We also have offices in the United States and other locations. We are responsible for any Personal Information you provide when you use our Services or interact with us. And we determine how the third parties who have access to your information handle it.
The information we collect and how we collect them
Most of the information we collect is submitted by you willingly when you interact with us. However, we obtain some of this information from third-party sources, while we collect the rest automatically using some technologies.
The information you submit to us
Depending on the relationship you have with Landmark (whether you are a contractor, employee or customer), you may willingly submit the following categories of information to us: Names, Email Address, Phone Number, Company Information, Country of Location, Service Offered, Work Experience, Schools Attended, Audio and/or Video Files, Photograph, Demographics, Home Address, Etc.
If you are an employee, we may collect the following additional information from you: health status, national origin, race, information about your emergency contact and beneficiaries of any insurance policy, as well as your date of birth, passport number, driver’s license and any other relevant government-issued ID, bank account information, language specification and other information in your resumé.
The information we collect above may be submitted by the Applicable Individual when they: (i) create an account as a customer or request to provide transcription or translation services, (ii) reach out to us for enquiries, support or any other issues through the Website, email address or phone, (iii) submit their resumé with respect to their application to provide a service or work as an employee, (iv) submit their audio and video files with respect to our Services, (v) take part in our surveys, sweepstakes or promotions, (vi) submit their billing information as a requirement for paying for our Services, (vii) provide their payout method information to receive their earnings as a contractor or employee, or (viii) provide us with content, such as reviews and feedback.
The information we collect from third-party sources
We may also collect information about you from third-party sources, including third-party services and organizations, to supplement the information provided by you. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our Services.
The information we collect automatically
When you access the Website or interact with some of our content, including our emails, we collect certain information automatically, which may also include Personal Information. This information may include, without limitation, your device properties, such as Internet Protocol (IP) Address, operating system, mobile carrier, MAC address, cookie identifier, mobile advertising identifiers, geolocation and other device identifiers that are automatically assigned to your computer or device. This information may also include anonymous analytics about the pages on the Website you visit, the date and time of visit, the amount of time you spent on the Website and the features you click.
We use certain technologies and third-party tools, such as cookies, beacons, pixels and Google Analytics to gather this category of information (learn more about these tools below).
Why we collect the categories of information above
We collect different pieces of information from Applicable Individuals depending on the relationship they have with us. Therefore, how we use the information we collect depends on if you are a customer, employee or contractor (or service provider):
- To customers:Â We collect Personal Information to provide you with our Services, including creating a personalised account, receiving your audio or video files, communicating with you in between (including sending an invoice), receiving your payment and acknowledging it and delivering a completed file.
- To employees and contractors:Â We collect Personal Information to review your applications, collect relevant information about your skills and experience, verify and determine if you are fit, communicate with you in between and process your earnings and payouts.
- To all Applicable Individuals generally:Â We collect certain information automatically to enable us to gather analytics about Website visitors, users and guests, which enables us to personalise our Services (for example, geolocation information helps us to refer visitors to the Website applicable to their region), improve the Website and our content, tailor our adverts to the right group and enforce our Terms of Service, as well as comply with applicable laws.
Additional information about your privacy
- Your content:Â You may submit certain content to us, including via the Website, email or phone. This may include, without limitation, comments, feedback, ideas or opinions. You understand that we may publicly upload your content along with any Personal Information and use it for marketing purposes. However, we will not release your name or otherwise publicise the fact that you submitted content to us unless: (i) you grant us permission to do so; (ii) we first send notice to you that the content you submit to a particular part of our Services will be published or otherwise used with your name on it; or (iii) we are required to do so by law.
- Your permissions: We may obtain certain information strictly by your permission. For example, when you grant us permission to access your device gallery, we will use it to upload any file (including resumé, audio and video files) that is relevant to your use of the Website.
- Social media platforms:Â The Website may include publicly accessible blogs, community forums, or private messaging features. The Website and content from us may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using our Website and Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.
- Third-party payment processing: When you purchase our Services, we process your payments through a third-party application and other third-party payment processors, including Stripe. The third-party application may collect certain financial information from you to process a payment on behalf of Landmark, including your name, email address, home address and other billing information.
How we use certain Technologies to gather information
We and some of the third-party service providers embed cookies, beacons, pixels and other technologies (collectively, “Technologies”) on the Website and some of the content we display through our emails and adverts on other websites. We use these Technologies to gather the information we collect automatically, including device identifiers and usage analytics. We also use these Technologies to enable some functions, tailor our ads and perform our Services.
Cookies
“Cookies” are small text files that are placed on your device browser (“device” refers to any machine you use in interacting with us) by a web server when you access the Website. Cookies specifically help us to identify your device when you come back to the Website, secure some of the pages on the Website, ensure features are working perfectly, give us information about your interactions and monitor violations of our Terms of Service.
We use both “session” and “persistent” cookies, which may expire when you close your device browser or for longer periods, respectively. This means that session cookies are deleted once you close your device browser, while persistent cookies have defined expiry dates.
Cookies may be set directly by Landmark (first-party cookies) or by our third-party service providers to enable them to perform their services on our behalf (third-party cookies). Note that this Privacy Policy covers only our use of cookies and does not include the use of cookies by such third parties.
Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of our Website.
Pixels
“Pixels” or “web beacons” (also known as web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on the Website and our content for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our Services, to monitor how many visitors view our content and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, pixels and web beacons are typically embedded invisibly on web pages (or in an e-mail).
Widgets
“Social media widgets” such as the Facebook “Like” button and LinkedIn (that might include widgets such as the “share” button or other interactive mini programs) may be on the Website. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the third parties providing them.
Google APIs
We may use certain Google APIs, such as Google Analytics, Google Analytics Demographics and Interest Reporting, to collect information about guests and visitors’ behaviours on the Website. We then use the information collected to analyse our content, personalise our ads and improve our Services. This information gathered through these third-party tools is anonymous and does not directly identify any Applicable Individual.
If you do not want Google Analytics to gather usage and analytics information about your access to the Website, you can opt out by downloading the Google Analytics Opt Out extension here. For more information about Google Analytics and how Google handles it, please click here.
Who else may access your information
Apart from Landmark and any of its authorised staff and employees tasked with the role of providing support services to customers, we do not disclose Personal Information to any other persons. However, information about Applicable Individuals, including contractors, customers and employees may be accessed by third parties under the following circumstances:
Information shared with our third-party service providers
We may engage third-party service providers to work with us, including administering and providing the Services. These third-party service providers may help us with services such as mass email sending, server hosting, payment processing, marketing, cloud data storage and security services. And they may require Personal Information to carry out their services (for example, our email sender may access our email address list to help us send out emails to Applicable Individuals). However, third-party service providers have access to Personal Information only to perform services on our behalf. Landmark has executed appropriate contracts with these parties that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
Information shared within the Landmark group of companies
As highlighted earlier, we have offices and subsidiaries in other locations outside of Australia. We may share Personal Information within these companies from time to time. This may be for internal and accounting purposes.
Information shared with business partners
We may share Personal Information with our business partners and affiliates for internal business purposes or to provide you with a product or service that you have requested. We may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear along with Landmark. We require our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Landmark provided them.
Information about customers shared with contractors and employees
When a customer submits files to us to be translated or transcribed, they may be worked on by our contractors who provide services for Landmark. In that case, the Personal Information in the file will be available to the contractor. Likewise, when customers contact us, any employee tasked with support services will have access to the customer’s information.
Information shared in connection with business transactions
Information that we collect from Applicable Individuals, including Personal Information, is considered to be a business asset. As a result, if we go out of business or become bankrupt, or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, some or all of our assets, including Personal Information, may be disclosed or transferred to a third-party acquirer in connection with the transaction.
Information disclosed for our protection and others
We cooperate with government and law enforcement officials and/or private parties to enforce and comply with the law. We may access, preserve and disclose Personal Information to the government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims or legal processes and comply with law enforcement or national security requests (including subpoenas, warrants or court orders); (ii) to protect your, our, or other’s property, rights and safety and the rights, property and safety of a third party or the public in general; (iii) to prevent or stop any activity we consider illegal, unethical or legally actionable activity; (iv) to respond to your requests; (v) to collect amounts owed to us; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorised activity on the Website. In such cases, server log information containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorised activities.
Analytics information shared with marketing partners
We engage in interest-based advertising, whereby our Services are advertised to you when you visit third-party advertising partner platforms – such as Microsoft, Facebook and Google – based on the analytics information we have gathered about you. We share such information with these partners, and they combine it with those they collected about you from other websites and market our Services to you. The information collected and shared for this purpose is anonymous and does not identify you specifically.
Your rights, choices and opt-out
You have the right to opt out of certain uses and disclosures of Personal Information. Where you have consented to Landmark’s processing of Personal Information, you may withdraw that consent at any time and opt out of further processing by contacting us at landmarksupport@landmarktranscription.com.au. However, even if you opt out, we may still collect and use non-Personal Information regarding your activities on our Website and/or information from the advertisements on third-party websites for non-interest-based advertising purposes, such as to determine the effectiveness of the advertisements. Other rights include:
Opting out of marketing messages
In line with the provisions of the Spam Act 2003 (Cth), we may periodically send customers and contractors e-mails that directly promote our Services. When you receive such promotional communications from us, you will have the opportunity to “opt out” (either through your account or by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain communications regarding our Services, and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Service or this Privacy Policy or information about billing.
We maintain “do-not-call” and “do-not-mail” lists as mandated by the Do Not Call Register Act of 2006. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 30 days after receipt.
If you don’t want Landmark to use your information for these purposes, you can opt out by contacting us at landmarksupport@landmarktranscription.com.au.
Opting out of employee information processing
With respect to any information collected from employees, you can opt out of our processing of such information by requesting to terminate your employment. You may start by reaching out to the management at landmarksupport@landmarktranscription.com.au.
Accessing, modifying and deleting your information
All Applicable Individuals have the right to request access to Personal Information we hold, including requesting to see how we process it, requesting to have any inaccurate information modified and requesting that we delete Personal Information from our database.
Although Landmark makes good faith efforts to provide Applicable Individuals with access to their Personal Information, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Applicable Individual’s privacy in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to Personal Information.
Customers and contractors who have an account with us can access and modify the Personal Information associated with their accounts through their account settings. Alternatively, all Applicable Individuals, including employees can contact us at landmarksupport@landmarktranscription.com.au to modify their information. If any Applicable Individual wishes to exercise their right to delete Personal Information, please contact us at landmarksupport@landmarktranscription.com.au with your request. Please include your full name, email address associated with your account (where applicable) and detailed description of your request. Such requests will be processed in line with applicable laws.
We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Opting out of interest-based advertising
Where we market to you on third-party marketing partners’ platforms, you may opt out from the applicable platforms using the opt out option provided by the platform provider. Also, some of these third-party marketing partners belong to self-regulatory industries, including the Network Advertising Agency (NAI) and Digital Advertising Alliance (DAA). These self-regulatory industries also provide websites from which you may opt out of receiving targeted ads from our third-party marketing and advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy at www.networkadvertising.org/managing/opt_out.asp and www.aboutads.info/choices.
How long we retain information about you
Landmark retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfil the purpose(s) for which it was collected – to provide our Services, resolve disputes, establish legal defences, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. Upon the termination of your relationship with us – whether you are an employee, contractor or consumer – we will delete your information from our database. However, this does not apply to information we are required to retain for a certain period under applicable law. It also does not apply when you have an obligation to fulfil (for example, we may retain your information if you are yet to pay for our Services as a consumer).
The cross-border transfer of your information
We maintain, store and process Personal Information from our servers in Australia. However, we have other servers in locations outside of Australia, including the United States. In addition, we share Personal Information with some of our third-party service providers in locations outside of Australia. This means that Personal Information may be transferred to, and maintained on, computers located outside of your state where the privacy laws may not be as protective as the APPs of the Privacy Act 1988. However, since we have a duty to protect your privacy, we only hire third-party service providers with adequate policies, and we take great care when sharing Personal Information outside of Australia.
The security of your information
We take reasonable administrative, physical and electronic measures designed to protect the information that we collect about you from unauthorized access, use or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. We only collect information that we need to provide you with our Services or employ you (as the case may be). And we only share information with the third parties described under this Privacy Policy on a need-to-know basis.
Please be aware, however, that no method of transmitting information over the internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information. We do not accept liability for unintentional disclosure.
By using the Website and providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Website. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Website or sending an e-mail to you. You may have a legal right to receive this notice in writing.
For more about our security and confidentiality practices, please review our Security and Confidentiality document.
Links to Third-Party Services
Our Website may contain links, content and adverts that lead to websites and services that are owned or operated by third parties, such as Salesforce and Typeform (each, a “Third-Party Service”). Any information that you provide on or to a Third-Party Service or that is collected by a Third-Party Service is provided directly to the owner or operator of the Third-Party Service and is subject to that owner’s or operator’s privacy policy. Landmark is not responsible for the content, privacy or security practices and policies of any Third-Party Service. To protect your information, we recommend that you carefully review the privacy policies of all Third-Party Services that you access.
Our policy regarding children
Due to the nature of our Services, the Website and our Services are not designed to appeal to minors (children). We do not knowingly attempt to solicit or receive any information from children. If users identify themselves as under 13 years of age, Landmark will block such users from providing Personal Information. If you are a child and wish to provide us with Personal Information to use our Services, you must do so if at least a parent or legal guardian supervises it.
Revisions to this Policy
Any information we collect via the Website, phone or email is covered by this Privacy Policy in effect at the time we collect such information. We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of those changes by posting them on the Website and/or your email address, and we’ll update the “Effective Date” above to indicate when those changes will become effective. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use our Services after we post the updated Privacy Policy on the Website. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using our Services. Additionally, before we use Personal Information for any new purpose you do not originally authorise, we will endeavour to provide information regarding the new purpose and give you the opportunity to opt out. Where consent of the Applicable Individual for the processing of Personal Information is otherwise required by law or contract, Landmark will endeavour to comply with the law or contract.
Questions about this Privacy Policy
If you have any questions or concerns regarding how we handle or process your information, Get in Touch with us or contact us by phone at 02 7202 0557 or email at landmarksupport@landmarktranscription.com.au.
Questions Regarding this Privacy Policy or the Site
If you have any questions or concerns, please contact us at 02 7202 0557 or by email at: landmarksupport@landmarktranscription.com.au
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