Privacy Policy

1. Introduction

Call Whenever Pty Ltd (ABN 49 697 478 587, ACN 697 478 587) (“Call Whenever”, “we”, “us”) operates a platform that answers inbound telephone calls for real estate agencies using AI voice assistants, and turns those calls into structured records in a dashboard (the “Service”).

This policy explains how we handle personal information, and applies to two different groups of people:

• Customers — the agencies that subscribe to the Service, and the individual staff members who hold accounts.
• Callers — the members of the public who telephone a number answered by the Service, and who never signed up for anything.

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). By using the Service, or by continuing a call answered by the Service, you accept the practices described here.

2. Definitions

• Personal Information has the meaning given in the Privacy Act: information or an opinion about an identified individual, or an individual who is reasonably identifiable.
• Sensitive Information is the subset of Personal Information given special protection under the Privacy Act.
• Call Data means everything generated by a call answered through the Service: the audio recording, the transcript, the caller’s telephone number, details the caller provides, the summary and structured records we produce from the call, and the caller profile built up across calls.
• Usage Data means technical information generated automatically when the Service is used, such as log data, device and browser information, IP address and timestamps.
• Customer and Caller have the meanings given in section 1.

Our two roles

For account and billing information about our Customers, we decide how that information is handled, and we are responsible for it as an APP entity.

For Call Data, our role is different. The Customer chooses to answer its telephone number with the Service and configures what its assistant asks. We hold and process Call Data to provide the Service to that Customer. As between the Customer and us, the Customer is the entity collecting the Caller’s information, and the Customer is responsible for telling Callers what is being collected and why, for obtaining any consent required, and for maintaining its own privacy policy. If you are a Caller and you want to know why an agency collected your information, or you want it corrected or deleted, contact the agency you called in the first instance, or contact us directly — see section 9.

3. Information Collection and Use

Account information

When a Customer signs up we collect the account holder’s name, email address, telephone number, business name, role and authentication details, together with the configuration they choose for their assistant. Authentication is handled by our identity provider; we do not store account passwords.

Call Data

When a Caller telephones a number answered by the Service, we collect and hold:

• an audio recording of the call;
• a transcript of the call;
• the Caller’s telephone number and, where the Caller provides them, their name and contact details;
• the substance of the enquiry, including any property the Caller asks about, whether they are buying, selling, renting or leasing, and any maintenance or management issue they raise;
• a written summary of the call and structured records derived from it; and
• a caller profile, which accumulates the above across repeat calls so that an agency can recognise a returning caller.

Every call answered through the Service is recorded. Recording is automatic and is not something a Customer switches on or off. If you do not want to be recorded, do not continue the call — see section 10.

Sensitive Information

We do not seek Sensitive Information, and we ask Customers not to configure their assistants to elicit it. We recognise that some calls may result in a Caller volunteering sensitive information. Where that happens, the information forms part of the Call Data held for the Customer, and the Customer is responsible for having the Caller’s consent to collect it. Please do not provide Sensitive Information on a call unless it is necessary.

Billing information

Subscription payments are processed by a third-party payments provider. We receive confirmation of payment, the subscription status, and limited card metadata such as the brand and last four digits. We do not collect or store full payment card numbers.

Usage Data and cookies

We collect Usage Data when the dashboard and this website are used. We use cookies and similar technologies for authentication, session management, security and basic analytics. Most browsers allow cookies to be refused, but parts of the dashboard will not function without the cookies required to keep you signed in.

How we collect it

We collect information directly from Customers when they sign up and configure the Service; directly from Callers during a call; automatically as the Service is used; from our Customers about their staff; and from property listing data feeds a Customer connects, so that the assistant can answer questions about that Customer’s own listings.

4. Use of Data

We use Personal Information to:

• answer calls, respond to Callers and carry out the Customer’s instructions;
• transcribe, summarise and structure calls, and make them available in the Customer’s dashboard;
• notify the Customer’s staff of calls and enquiries by email;
• build and maintain caller profiles so an agency can recognise a returning caller;
• create, administer and support accounts, and respond to enquiries;
• bill for the Service and manage subscriptions;
• maintain the security, integrity and performance of the Service, and detect and prevent fraud and misuse; and
• comply with our legal obligations.

Artificial intelligence

The Service uses third-party artificial intelligence providers to convert speech to text, to generate the assistant’s replies, and to synthesise the voice the Caller hears. Call Data is sent to those providers so that they can perform those functions.

Call Whenever does not use Call Data to train or improve AI models. However, our AI providers may retain and use call content to train AI models under their own terms.

AI-generated output can be inaccurate or incomplete. Summaries, transcripts and caller details produced by the Service should be treated as a starting point and verified before they are relied on.

5. Retention of Data

We retain Personal Information only for as long as is necessary for the purposes set out in this policy, and to comply with our legal obligations, resolve disputes and enforce our agreements. Call recordings are deleted automatically once they reach the end of their retention period. Where we no longer need Personal Information for any purpose for which it may be used or disclosed, and we are not required by law to retain it, we take reasonable steps to destroy it or de-identify it.

Deletion is carried out by us. Customers cannot delete Call Data themselves, so a request to delete — whether it comes from a Customer or from a Caller — has to reach us before anything is removed. See section 9 for how to make one.

6. Transfer of Data

The Service is hosted in Australia, in the Sydney region of our cloud infrastructure provider. However, some of the providers we rely on to deliver the Service are located overseas.

We are likely to disclose data to overseas recipients located in the United States. Before disclosing Personal Information overseas we take steps that are reasonable in the circumstances to ensure the recipient does not breach the APPs in relation to that information. You should be aware that overseas recipients may not be subject to the Privacy Act, that the privacy laws of those countries may differ from Australia’s, and that you may not be able to seek redress under the Privacy Act against an overseas recipient directly. Where section 16C of the Privacy Act applies, we remain accountable for the acts of the overseas recipient.

By using the Service you consent to this transfer.

7. Disclosure of Data

We disclose Personal Information:

• to the Customer whose number was called — Call Data is made available to the agency and its authorised staff, which is the purpose of the Service;
• to the service providers described in section 12, so they can perform functions on our behalf;
• to our professional advisers, including lawyers, accountants and insurers;
• to a purchaser or prospective purchaser in connection with a sale or restructure of our business, subject to appropriate confidentiality protections;
• where we are required or authorised by law to do so, including in response to a subpoena, court order or valid request from a law enforcement or regulatory body; and
• where you have consented to the disclosure.

We do not sell Personal Information, and we do not disclose it to third parties for their own marketing purposes.

8. Security of Data

We take reasonable steps to protect Personal Information from misuse, interference and loss, and from unauthorised access, modification or disclosure. Those steps include hosting data in Australia with a major cloud infrastructure provider, encrypting data in transit and at rest, requiring authenticated access to the dashboard, restricting access to production data to the personnel who need it, and separating each Customer’s data by tenant.

9. Your rights under the Australian Privacy Principles

Access and correction

You may request access to the Personal Information we hold about you, and ask us to correct it if it is inaccurate, out of date, incomplete, irrelevant or misleading. We will respond within a reasonable period, ordinarily within 30 days. We may need to verify your identity first. There is no charge for making a request; we may charge a reasonable fee for giving access where the request requires substantial work. If we refuse a request we will tell you why in writing, and how to complain about that refusal.

If you are a Caller

Call Data is held for the agency you telephoned, and that agency is the entity that collected it. Please contact that agency first, so that it knows about your request and can decide on it.

Deletion has to be carried out by us. The agency cannot delete call recordings, transcripts or caller records itself, so a deletion request will be passed to us to action. You can also write to us directly at leo@callwhenever.ai — if you do, we will ordinarily consult the agency the record belongs to before we delete it, unless the law requires us to act without doing so.

Complaints

If you believe we have breached the APPs, contact us at leo@callwhenever.ai with the details. We will acknowledge your complaint promptly, investigate it, and respond in writing — ordinarily within 30 days — telling you what we found and what we propose to do.

10. Call recording

Every call answered through the Service is recorded. Recording is automatic; it is not a setting a Customer turns on or off, and it cannot be disabled for an individual call. Recordings are stored securely, made available to the Customer in its dashboard, and deleted automatically at the end of their retention period.

Laws about recording telephone conversations differ between Australian States and Territories, and some require the consent of every party to the conversation. The Customer is responsible for ensuring that recording its calls is lawful, and for notifying Callers that calls are recorded. Our assistants are configured to tell Callers that they are speaking to an AI assistant and that the call is recorded.

If you are a Caller and you do not want to be recorded, end the call and contact the agency another way — because recording cannot be switched off, ending the call is the only way to stop it. You can ask for a recording that has already been made to be deleted: see section 9, and note that deletion is carried out by us rather than by the agency.

11. Notifiable data breaches

If we become aware of a data breach involving Personal Information we hold, we will assess it promptly and take steps to contain it. Where the breach is likely to result in serious harm to any individual involved, we will notify the affected individuals and the OAIC as required by the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act, and we will notify any affected Customer so that it can meet its own obligations.

12. Service Providers

We engage third parties to perform functions on our behalf. They may access Personal Information only to perform those functions, and are required to protect it. We use providers in the following categories:

An up-to-date list of the specific providers we use is available on request from leo@callwhenever.ai.

13. Links to other sites

The Service may contain links to sites we do not operate. We are not responsible for the content or privacy practices of those sites, and we encourage you to read their privacy policies.

14. Children’s privacy

The Service is provided to businesses and is not directed at children. We do not knowingly collect Personal Information from a child under 16 through an account. If you believe a child has provided us with Personal Information, contact us and we will take reasonable steps to delete it.

15. Changes to this Privacy Policy

We may update this policy from time to time. The current version is always published on this page with its effective date. Where a change is material we will notify Customers by email or through the dashboard before it takes effect. Continued use of the Service after a change takes effect means you accept the updated policy.

16. Contact us

For any question about this policy, to exercise your rights, or to make a privacy complaint, contact us at leo@callwhenever.ai.

Call Whenever Pty Ltd
ABN 49 697 478 587  ·  ACN 697 478 587