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Privacy Policy

Nehos Communications

Introduction

Nehos Communications Pty Ltd (“Seller”) is committed to protecting the privacy of its customers. This Privacy Policy outlines how we collect, use, disclose, and manage your personal information in accordance with the Privacy Act 1988 (Cth) (“the Act”), including the Privacy Amendment (Notifiable Data Breaches) Act 2017, the Australian Privacy Principles, and, where applicable, the EU General Data Protection Regulation (GDPR) and other relevant international privacy laws.

1. Definition of Personal Information

All emails, documents, images, or other recorded information held or used by the Seller are “Personal Information” as defined in the Act, and therefore considered Confidential Information. The Seller acknowledges its obligation in relation to the handling, use, disclosure, and processing of Personal Information pursuant to:

• The Privacy Act 1988 (Cth), including Part III C of the Act (the Privacy Amendment (Notifiable Data Breaches) Act 2017 or “NDB” scheme); and

• Any statutory requirements, where relevant in a European Economic Area (“EEA”), under EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”).

2. Data Breach Response Plan

The Seller acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information held by the Seller that may result in serious harm to the Customer, the Seller will notify the Customer in accordance with the Act and/or GDPR as applicable. The Seller’s data breach response plan includes steps to:

1. Contain the breach;

2. Assess the risks;

3. Remediate any harm caused; and

4. Notify affected parties and authorities (e.g., Office of the Australian Information Commissioner or relevant EU supervisory authority) where required by law.

3. Use and Disclosure of Personal Information

Any release of such Personal Information must be in accordance with the Act and, where relevant, the GDPR, and must be approved by the Customer via written consent, unless subject to an operation of law. The Seller may use or disclose personal information for:

1. Primary Purpose: The specific reason it was collected (e.g., providing products or services).

2. Related Secondary Purposes: Improving our services, marketing, or as otherwise permitted or required by law.

3. Lawful or Authorized Disclosures: Where required or authorized by law, such as responding to court orders, subpoenas, or regulatory authorities.

4. Direct Marketing Opt-Out Mechanism

The Seller may use Personal Information to offer or market additional products or services that may be of interest to the Customer. If at any time the Customer wishes to opt out of receiving direct marketing communications, the Customer may do so by:

1. Following the unsubscribe instructions included in the relevant marketing email; or

2. Contacting the Seller at insert contact email to request removal from any direct marketing lists.

The Seller will process all opt-out requests as soon as practicable, in accordance with applicable laws.

5. Cookies and Tracking Technologies

Notwithstanding the clause above, privacy limitations will extend to the Seller in respect of Cookies where transactions for purchases/orders transpire directly from the Seller’s website. The Seller agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable). Such technology allows the collection of Personal Information such as the Customer’s:

• IP address

• Browser type

• Email client type and other similar details

• Tracking website usage and traffic

Reports may be available to the Seller when the Seller sends an email to the Customer, so the Seller may collect and review that information (collectively, “Personal Information”).

To enable/disable the collection of Personal Information by way of Cookies, the Customer shall have the right to enable/disable Cookies first by selecting the option to enable/disable, provided on the website prior to proceeding with a purchase/order via the Seller’s website.e Seller’s website.

6. AI Solutions and Data

6.1 Data for AI Development

We may collect, process, or store personal information (including voice recordings, user inputs, or other data) for the purpose of developing, training, or deploying AI solutions. Where applicable, we will only process personal information necessary for these AI services, in accordance with this Privacy Policy, the Privacy Act 1988 (Cth), and, where relevant, the GDPR.

6.2 Customer Responsibilities

If you (the Customer) provide personal data for AI training or development, you warrant that you have all necessary rights and consents to share such data with us. You also acknowledge that we may need to disclose your data to third-party service providers or cloud platforms (e.g., GPU hosting, ML platform providers) strictly for the purpose of providing our AI services.

6.3 Security Measures

We employ technical and administrative safeguards to protect personal information used in AI, including encryption, secure data storage, and access controls. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security of your data.

6.4 Cross-border Transfers

Where AI data is processed using third-party or overseas platforms, we will take reasonable steps to ensure recipients comply with privacy standards equivalent to the Australian Privacy Principles or relevant GDPR requirements, if applicable. If local laws do not provide an equivalent level of protection, we will use contractual safeguards (e.g., standard contractual clauses) or other measures to ensure an adequate level of data protection.

7. Retention Periods

7.1 AI Data & Call Recordings

Audio Recordings: Any voice or audio recordings collected by the Seller (e.g., for Voice AI) will typically be retained for two (2) weeks from the date of recording, unless otherwise required by law or contract.

Other AI-Related Data: Unless a shorter or longer period is mandated by law or contractual obligation, the Seller may retain anonymized or aggregated AI training data for an extended period to improve or develop AI models. If personal information remains identifiable, we aim to delete or anonymize it once it is no longer needed for the specific AI project, or unless we are required by law to keep it longer.

7.2 General Retention

Apart from AI data, we retain personal information for as long as it is necessary to fulfill the purposes for which it was collected, or as required by law. If there is no ongoing legitimate business or legal need to retain the data, the Seller will either delete, anonymize, or securely store the information until deletion is feasible.

8. Handling of Sensitive Information

Where the Seller collects or processes Sensitive Information as defined in the Privacy Act 1988 (e.g., health/medical information, biometric data beyond normal call recording, or other sensitive categories under the GDPR), the Seller will only do so with the explicit consent of the individual (where required), or if it is otherwise lawfully permitted or required (e.g., to comply with legal obligations). The Seller applies heightened security and confidentiality measures to protect all Sensitive Information in its control.

9. Children’s Data

The Seller’s services are not directed to individuals under the age of 18, nor does the Seller intentionally collect personal information from children. If the Seller becomes aware that it has inadvertently collected personal information from a child under 18 without verifiable parental consent, the Seller will promptly take steps to delete that information unless there is a legal obligation to retain it.

10. Credit Information

The Customer agrees for the Seller to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g., name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Customer in relation to credit provided by the Seller.

10.1 Use of Credit Information

The Customer agrees that the Seller may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:

• To assess an application by the Customer

• To notify other credit providers of a default by the Customer

• To exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers

• To assess the creditworthiness of the Customer, including the Customer’s repayment history in the preceding two (2) years

The Customer consents to the Seller being given a consumer credit report to collect overdue payments on commercial credit. The Customer agrees that personal credit information provided may be used and retained by the Seller for the following purposes (and for other agreed purposes or as required by law):

• The provision of Products

• Analyzing, verifying, and/or checking the Customer’s credit, payment and/or status in relation to the provision of Products

• Processing of any payment instructions, direct debit facilities, and/or credit facilities requested by the Customer

• Enabling the collection of amounts outstanding in relation to the Products

10.2 Disclosure to Credit Reporting Bodies

The Seller may give information about the Customer to a CRB for the following purposes:

• To obtain a consumer credit report

• To allow the CRB to create or maintain a credit information file about the Customer, including credit history

The information given to the CRB may include:

• Personal Information as outlined above

• Name of the credit provider and that the Seller is a current credit provider to the Customer

• Whether the credit provider is a licensee

• Type of consumer credit

• Details concerning the Customer’s application for credit or commercial credit (e.g., date of commencement/termination of the credit account and the amount requested)

• Advice of consumer credit defaults, overdue accounts, loan repayments, or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced, or alternatively, that the Customer no longer has any overdue accounts and the Seller has been paid or otherwise discharged and all details surrounding that discharge (e.g., dates of payments)

• Information that, in the opinion of the Seller, the Customer has committed a serious credit infringement

• Advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150)

11. Access and Correction of Personal Information

The Customer has the right to request (by e-mail) from the Seller:

1. A copy of the Personal Information about the Customer retained by the Seller and the right to request that the Seller correct any incorrect Personal Information;

2. That the Seller does not disclose any Personal Information about the Customer for the purpose of direct marketing (see also Section 4).

Under the GDPR (if applicable), individuals may also have additional rights such as the right to erasure (right to be forgotten), right to data portability, and right to object to certain processing activities. To exercise these rights, please contact the Seller via the methods specified in this Policy.

12. Security of Personal Information

The Seller takes reasonable steps to protect the personal information it holds from misuse, interference, and loss, as well as from unauthorized access, modification, or disclosure. These steps include the use of secure servers, encryption, and other technical and administrative security measures. However, no internet transmission or electronic storage method is entirely secure, and we cannot guarantee absolute data security.

13. Overseas Disclosure

The Seller may disclose personal information to overseas recipients in order to provide its services (e.g., cloud hosting, AI processing). In such cases, the Seller will take reasonable steps to ensure that any overseas recipient complies with the Australian Privacy Principles or is bound by similar privacy laws or contractual obligations that provide an adequate level of data protection. Where local laws in the overseas jurisdiction do not meet Australian standards, the Seller will implement additional safeguards (e.g., standard contractual clauses under GDPR) to ensure lawful data transfer.

14. Destruction of Personal Information

The Seller will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required, unless:

• It is required to fulfill obligations under this Contract;

• There is a legal obligation to maintain/store such information; or

• Retention is otherwise permitted by law.

Once it is deemed no longer needed, the Seller will securely destroy or anonymize personal information in accordance with its internal data retention and destruction procedures.

15. Complaints Handling

If the Customer has a privacy complaint, they can contact the Seller via email at insert email address. The Seller will:

1. Respond to that complaint within seven (7) days of receipt;

2. Take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt.

If the Customer is unsatisfied with the resolution, they can make a complaint to the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au. If the Customer is located in the EU or EEA, they may lodge a complaint with the relevant supervisory authority under the GDPR.

16. Contact Us

If you have any questions or concerns regarding this Privacy Policy, our data practices, or if you wish to exercise any of your legal rights, please contact us at:

Phone : 1300726889
Email : accounts@nehos.net

We will make every effort to address your concerns promptly and in accordance with applicable laws.

Nehos Communications Pty Ltd reserves the right to update or modify this Privacy Policy at any time. If we make material changes, we will notify customers or post a revised version on our website.

Last Updated: 5th February 2025