Privacy

Your privacy is important to Elara. We recognise the importance of maintaining the privacy and confidentiality of personal information. It explains how Elara handles personal information and complies with the requirements of the National Privacy Principles in the Privacy Act 1988.

1. Backround

Elara AI Pty Ltd ACN 627 124 903 (Elara AI, We, Our, Us, and other similar terms) takes all reasonable steps to implement processes and procedures for the responsible management of Personal Information and Data.

Despite not being bound to the terms of the Privacy Act 1988(Cth) we have implemented this Privacy Policy in accordance with the Australian Privacy Principles (APP) and other data protection rules to be open and transparent about how We collect, hold, and use Your Personal Information, and under what circumstances We may disclose or transfer it.

This Privacy Policy applies to all Personal Information collected by Us in the course of promoting our Software and managing Our business. It does not apply to how Personal Information and Data may be collected, stored and disseminated in our Software which we license to our Clients (You, Your, and other similar terms).

2. Definitions

In this Privacy Policy, unless the context or subject matter otherwise require:

Client means an entity that licenses the Elara Execution Server from Elara AI Pty Ltd.

Cookie means a small amount of Data generated by a website and saved by a users browser for the purpose of remembering information about the user that visited a particular website.

Data means any information which is reduced to electronic form and stored in any of our computer systems or those of our Clients.

Data Breach means any unauthorised access to, unauthorised disclosure of, or loss of, Personal Information held by Us where the access, disclosure or loss is likely to result in serious harm to any of the individuals to whom the information relates.

Data Breach Incident means any alleged loss of Data reported and assessed in accordance with Our Data Breach Response Plan.

Data Breach Response Plan (DBR Plan) means the framework that sets out the roles and responsibilities involved in assessing and Managing Date Breach Incidents and Eligible Data Breaches as described in Our Document of this name.

Elara means the business expression language, compiler and execution engine that facilitates creation of data driven business digital twins and optimized business insights.

Elara Execution Engine means an Instance of the server installation of the Elara Software required to host an Elara solution.

Elara Server means a hosting environment the requirements of which are created collaboratively with the Client for the hosting of the Elara Execution Engine per Instance.

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.

Software means the Elara Execution Engine and the Elara EDK that is licensed to the Client pursuant to the terms of a EULA.

Website means the website located at the URL

www.elara.ai used to promote Our business on the Internet.

3. Collection

3.1 Collection of Personal Information

(a) We collect Personal Information:

(i) when You interact with us online, over the phone, by email, in person or through other means of communication; and

(ii) in order to assist You with the supply of goods, the provision of services, and to provide any related assistance or for other purposes requested through such communication.

(b) The type of Personal Information We collect includes Your name, address, telephone number, email, and any additional information You provide to Us.

(c) Where You contact Us on behalf of Your employer, the information You provide often contains information about Your employment, position and employers contact details. In those circumstances certain employment information is collected.

(d) Information will only be collected directly from You unless You authorise another person to provide the information.

3.2 Device information and Cookies

(a) We do not track user interactions by associating Data with Cookies.

(b) When You visit our website at

https://elaraai.com/, We do not use Cookies to collect information about Your device, including details about Your Web browser, IP address, time zone, and some of the cookies that are installed on Your device. Additionally, as You browse, We collect information about the individual Web pages, goods, and services You view, what websites or search terms referred You, and information about how You interact with Us online.

(c) Through Our use of Google Analytics, certain information which does not allow for the You to be identified will be transmitted to and stored by Google LLC on servers in the United States of America. Google will use this information for the purpose of evaluating Your use of Our Website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.

(a) By agreeing to this Privacy Policy, You give us Your consent to use Your Personal Information as set out herein. You have a right to withdraw Your consent at any time and may do so by contacting Us via the mechanism provided below.

(b) By using our Website, You consent to the processing of data about You by Google LLC in the manner described in the Google Privacy Policy and for the purposes set out above. You can opt-out of Google Analytics measurement by refusing Google Analytics cookies.

5. Use of Personal Information

5.1 General use

(a) We use Personal Information collected as part of Our business operations which are primarily associated with the licensing of our Software. Examples of when Your information may be used include:

(i) informing You about our Software;

(ii) providing You with our Software;

(iii) administration needs in relation to providing You with goods and services, including managing Your account;

(iv) dealing with requests, enquiries or complaints and other customer care related activities; and

(v) carrying out any activity in connection with a legal, governmental or regulatory requirement imposed on Us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution.

(b) We may also use Personal Information for purposes, as would be reasonably expected by You, in connection with the activities described above. However, We will not use Your Personal Information for purposes, other than as described in this Privacy Policy or other agreement We have with You, unless You consent to that use or there are specific law enforcement, public health or safety reasons.

5.2 Direct marketing

Where You have elected to be included on our mailing list or to receive other electronic communications, We may use Your contact details to send You those communications. To opt-out of receiving marketing material, You may contact Us via the details below or select the ‘unsubscribe’ link provided in that communication.

6. Accessing Your information

Upon Your request and after satisfying ourselves of Your identity, We will provide access to the Personal Information We hold about You except in certain prescribed circumstances. These include, where:

(a) We believe giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;

(b) giving You access would be unlawful;

(d) the request for access is frivolous or vexatious; or

(e) there are anticipated legal proceedings.

7. Data integrity

We take reasonable steps to ensure the Personal Information We collect, use and disclose is accurate, complete and up-to-date. You have a right to access and correct incorrect Personal Information at any time and may do so by contacting Us using the details provided below.

If You become aware Your information is no longer accurate, complete or up-to-date please contact Us.

We may disclose Personal Information to:

(a) Our employees, a related entity and Our professional advisors, such as Our lawyers and accountants;

(b) emergency services providers to assist in the prevention of harm and risk to life;

(d) Our third party contractors or service providers with whom We have a business association, including:

(i) marketing service providers;

(ii) accounting service providers; and

(iii) information technology service providers including cloud application providers.

Finally, We may also share Your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information We receive, or to otherwise protect Our rights.

We will not disclose Your Personal Information other than in accordance with this Privacy Policy without Your consent.

9. Offshore transfers

(a) The Personal Information We collect may be transferred out of Australia and to countries including the United States of America where it is processed by third party providers of cloud-based services, who assist Us to manage promotional material, email, office administration, and accounting services. Elara AI relies solely on reliable service providers such as Google and Facebook.

(b) While We do not otherwise actively disclose Your Personal Information to other overseas entities, the service providers We engage may use international data centres and disaster recovery sites. Consequently, these providers may have access to Your information.

(c) Regardless of where You reside Your right to privacy is protected in Australia pursuant to the Privacy Act 1988 (Cth) which is administered by the Office of the Australian Information Commissioner (OAIC).

10. Anonymity and use of pseudonyms

We currently do not use pseudonyms to deidentify data associated with Personal Information about You. In the future, may interact with You anonymously or through the use of pseudonyms.

11. Security

We take commercially reasonable steps to protect the Personal Information We hold from misuse, loss and unauthorised access, modification or disclosure. We do this by:

(a) maintaining and keeping our systems up to date;

(b) using secure servers protected from unauthorised access, modification, or disclosure;

(d) using Secure Sockets Layer (SSL) encryption to transfer data across public networks, such as the internet;

(e) relying on reputable service providers; and

(f) limiting the collection of Your Personal Information to that which We reasonably require.

12. Data retention

(a) If We hold Personal Information about You, and We do not need that information for any purpose, We will take reasonable steps to destroy or de-identify that information, in accordance with the APPs, unless We are prevented from doing so by law.

(b) Under Australian law, financial records, such as those relating to financial transactions, must be retained for 7 years after the transactions associated with those records are completed.

(c) We envisage Your Personal Information will be deleted or de-identified within ten (10) years, if it is no longer reasonably required for the purposes for which it was collected.

(d) You may make a request to Us in writing to remove Your Personal Information and, where permitted, We will do so in accordance with the APPs.

13. Use of de-identified data

(a) The data We collect may have analytical value to Us. We reserve the right to process the information We collect for marketing purposes. However, We will never distribute data which has not been de-identified.

(b) De-identified data will not include Personal Information such as Your name, address, phone number, email address or other information which would reasonably allow You to be identified.

14. Complaints procedure

Elara AI is a customer service-oriented business. Therefore, if You have a complaint about Our collection or use of Personal Information pertaining to You, then We would ask You to contact Us. Our Privacy Officer can be contacted via the information provided below.

If after investigating Your complaint and reporting to You our findings, You are still not satisfied, then You may contact the OAIC at the below address:

The Office of the Australian Information Commissioner GPO Box 5218 Sydney, NSW 2001 Australia Telephone: 1300 363 992 Email:

enquiries@oaic.gov.au

15. Contacting Us

For more information about our privacy practices, if You have questions, or if You would like to make a complaint, please contact Us using the details provided below:

Privacy Officer Mr Campbell Morrison Director Elara AI Pty Ltd 310 Edward Street, Brisbane, QLD 4006 Telephone: +61 458 211 584 Email:

cmorrison@elara.ai

16. Amendments

We are obligated to regularly review and update this Privacy Policy. As such We may update it from time to time in order to reflect changes to our practices or for other operational, legal, or regulatory reasons.

This notice was last updated on 12 April 2021.