Australia and New Zealand Notice

1. Who this notice is for

This notice is for people in Australia and New Zealand, the only countries where FairTalk is offered: account holders, people recorded or mentioned in a conversation, people invited by email and people on our waitlist. FairTalk is for adults only (18 or over).

FairTalk Pty Ltd, based in Western Australia, runs FairTalk. This notice adds to our Privacy Policy and Terms of Service, which apply in full, and in the same way, in Australia and New Zealand. For any question, email contact@fairtalk.com.au.

2. How we handle personal information

We handle personal information in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and in line with New Zealand’s Privacy Act 2020 and its information privacy principles. We do so whatever our size. The Privacy Policy has the detail. In summary:

• What we collect: account and sign-in details, a session’s audio (which we never store), its transcript and AI analysis, topic titles, resolutions, and records of consent and activity. Conversations often include sensitive information, such as health or family matters. A display name need not be your real name, but an account needs an email address.
• Use: we use what is said to produce that session’s analysis, resolutions and private coaching, and never for marketing. We do not sell personal information, share it for advertising or use conversations to train AI models.
• AI: the analysis, suggested resolutions and private coaching are written by AI from an automated transcript, and nobody at FairTalk reviews them in normal operation. They can contain transcription or interpretation errors, so use your own judgement, and email us if one seems wrong or harmful. The AI works from words only. We do not analyse tone of voice, create voiceprints or identify people by voice.
• Who receives it: a linked person (someone with an account who has accepted a link with you) can open the shared analysis of your joint sessions, but never your private coaching. These are the rules our app applies. The providers in section 3 get what they need to do their part. We also disclose information where the law requires.
• Keeping and deleting: we never store the audio. We delete the transcript when the analysis is saved, or after about a week if none is made. The analysis stays until the conversation is deleted or your account is erased, except that a conversation you shared with a linked person stays available to that person after you delete your account, with your name shown as ‘Deleted user’ (the analysis can still mention you). To delete a conversation, use the delete option on it where it is offered, or email us. For one shared with a linked person, either of you can email us, and we delete it within 30 days and tell the other person. Providers keep their own copies for a time under their own terms, and the Privacy Policy says how long. Erased data can stay in backups for up to 14 days.
• Access and correction: email contact@fairtalk.com.au, at no cost, to ask what we hold about you, or for a copy or correction. We may need to check who you are. We answer within 30 days (20 working days in New Zealand), and tell you in writing why if we cannot do what you ask. The copy we send is a file of what an account holder can open in the app, but not everything we hold. We do not rewrite an AI analysis. If we do not make a correction, you can ask us to attach your statement of what you wanted corrected.

Using FairTalk is voluntary, but it cannot produce an analysis without a recording.

3. Sending information overseas

We send personal information to providers in the countries below. The Trust Centre names each one.

Country	What is processed there
United States	Transcription of the audio, AI analysis of the transcript text, our emails, payments, and Google sign-in and fonts
Australia	Our application servers and our database, which hold what we store about you: analyses, private coaching, resolutions, account details, sign-in records, waitlist email addresses, and transcripts until they are deleted (Amazon Web Services, Sydney)
Other countries	Some providers use staff and suppliers elsewhere, including Singapore and India. Our AI providers may process what we send them wherever they or their infrastructure providers operate. Netlify, a United States company, hosts our website

• Privacy law in some of these countries may not give you the same protections as Australian or New Zealand law. We stay accountable to you for how providers working on our behalf handle your information. Information about people in New Zealand leaves New Zealand whenever they use the app.
• Most providers work under data processing terms that form part of their agreements with us. We do not yet have a signed data processing agreement with Deepgram, our transcription provider. Each recording we send it carries an instruction that it is not to be used to train its models.
• Stripe, our payment provider, and Google also use what they receive for their own purposes, under their own privacy policies. The app loads its fonts from Google Fonts, so your browser sends Google your IP address and browser details when a page loads.

4. Recording a conversation lawfully

Wherever you are, FairTalk may only be used when everyone in the conversation knows it is being recorded and has agreed. Everyone recorded must be an adult. The law differs from place to place, so we set this one rule for all of them:

• In Western Australia (where FairTalk is based), New South Wales, South Australia, Tasmania and the Australian Capital Territory, the law generally requires everyone in a private conversation to agree, and recording without that agreement can be a criminal offence even if you are part of it. The Western Australian law is the Surveillance Devices Act 1998 (WA).
• Elsewhere in Australia the law on recording a conversation you are part of is different, but passing a recording, or a written record or report of it, to someone outside the conversation without agreement can still be restricted.
• In New Zealand, recording a conversation you are part of is generally not a crime, but privacy law still expects fair and open collection of personal information.
• Across Australia, a person who is recorded, or whose private information is passed on, without agreeing may also be able to bring a civil claim for a serious invasion of privacy.

This is a general description, not legal advice, and which law applies can depend on where each person is. Do not give an analysis, a screenshot or a data download to anyone outside the conversation unless the other person agrees.

In the app, a linked person approves the request on their own device before recording can start. A person who is not on FairTalk confirms their own agreement on the same screen as the account holder, so we rely on the account holder to make sure it is real. Only record with someone who is free to say no, and never pressure anyone. Either person can stop the recording at any time.

Conversations and analyses have no legal privilege or counsellor confidentiality and could be required by a court or by law.

5. If you were recorded or mentioned and have no account

• Recorded with an account holder: only that person can open the whole analysis, including the coaching written for you. We store that you confirmed your agreement and when, but not your name. The analysis can include your name if it was said, a summary of your point of view and things you said.
• Mentioned in a conversation: we do not contact you, because we usually cannot identify or reach people who are mentioned. What was said about you can appear in the analysis.

Email contact@fairtalk.com.au to ask what we hold about you, or to have it corrected or deleted, saying who recorded the conversation and roughly when. We keep no record of who a recorded person is apart from anything said in the conversation, so we may need to check who you are, and we may not be able to find a session or confirm that it includes you. We will tell you if that happens. We answer in the times set out in section 2.

If you were recorded without agreeing, you can ask us to remove the conversation. If we find it and are satisfied you did not agree, we delete it, and we may suspend or close the account that recorded it. The Acceptable Use Policy explains what we delete and what we keep.

6. Your consumer rights

• In Australia, our service comes with guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that nothing in our Terms of Service takes away. They include that it will be provided with due care and skill, be reasonably fit for a purpose you made known to us, and be supplied within a reasonable time. For a major failure, you can cancel and get a refund for the unused part, or compensation for its reduced value. The Terms set out your other remedies.
• In New Zealand, the Consumer Guarantees Act 1993 (NZ) gives consumers guarantees that we cannot contract out of, including that the service will be carried out with reasonable care and skill. Nothing in our Terms limits your rights under that Act or the Fair Trading Act 1986 (NZ), and the choice of Western Australian law and courts in our Terms does not take those rights away.

7. Subscriptions

The Terms of Service set out the subscription, automatic renewal, price changes, cancelling and refunds. The price is shown on the secure checkout page before you confirm payment, in Australian dollars, including GST where it applies. If you are in New Zealand, your bank or card provider may add a currency conversion fee.

8. Emails and unsubscribing

We send account emails, session requests to a linked person that say who is asking, invitations, reminders about resolutions when that feature is on, subscription notices and launch emails to people on our waitlist. We send no marketing email to app users without consent, and no email contains a conversation, transcript, analysis or private coaching.

Every reminder email has an unsubscribe link that stops the reminders. Session requests and invitations have none. Session requests stop if you unlink from that person. An invitation is sent only because an account holder asked us to email a person they named, says who asked, and is limited in number. To have an invitation address deleted or to leave the waitlist, email contact@fairtalk.com.au. We act on these requests within 5 business days.

9. Data breaches

If a data breach is likely to cause serious harm, we will tell the people affected and the privacy regulator for their country (section 10) as soon as practicable, saying what happened, what information was involved and what you can do. We make this commitment whatever our size. We usually cannot identify a recorded person who has no account, so if you think your information has been exposed, email contact@fairtalk.com.au.

10. How to complain

• Email contact@fairtalk.com.au, saying what happened and what you would like us to do. You do not need an account. We reply in writing within 30 days.
• If you are not satisfied, or would rather not come to us first, you may complain to the privacy regulator in your country. Each regulator decides whether and how it deals with a complaint.
• For a problem with the service, a charge or a refund, you can also go to the consumer protection agency, or a court or tribunal, where you live.

Country	Privacy regulator	Website
Australia	Office of the Australian Information Commissioner	oaic.gov.au
New Zealand	Office of the Privacy Commissioner	privacy.org.nz

For a barrier to using FairTalk, see our Accessibility Statement.

11. Getting help in a crisis

FairTalk is not for situations involving violence, fear or coercion. It is not an emergency or crisis service: it does not check conversations for signs of danger, and nobody is alerted or sent to help. If you feel unsafe or pressured to take part, do not record, or stop the session.

Kind of help	Australia	New Zealand
Immediate danger	Call 000	Call 111
Someone to talk to	Lifeline on 13 11 14	Call 1737
Family or relationship violence	1800RESPECT on 1800 737 732	Call 111 if you are in danger, or 1737 for support