Fraudsec Pty Ltd (ACN 605 003 825), a company incorporated under the laws of Australia also trading as Whispli (“we”, “us”, “our” or “Whispli”), is the owner of the Whispli online reporting solution (hereinafter the “Whispli Platform” or “Platform”).
The present right to use the Platform is granted to you by Whispli under an agreement concluded between Whispli and the Organization (hereafter the “Agreement”).
Whispli and the Whistleblower are together referred to as the “Parties”.
(iii) the conditions under which Whispli processes your personal data.
The terms and expressions identified by a capital letter have the meaning indicated below, whether they are used in the singular or plural:
- “Case Manager” means a person authorized by the Organization to manage the Whispli Platform on behalf of the Organization, in its name and in accordance with its instructions;
- “Guest” refers to the Whistleblower who has chosen to use the Platform without creating a Whispli online account;
- “Whistleblower” refers to the person using the Platform, made available to him by his employer or other organization, in order to communicate a Report to the Organization;
- “Intellectual property” means, but is not limited to, copyrights, patents, trademarks, logos and domain names, as well as any creations that may be protected and/or registered under industrial and/or intellectual property law;
- “Organization” refers to the organization, company, association or other entity, which may be your employer or another entity, which has sought the Whispli services in order to make the reporting Platform available to the Whistleblowers and to its Case Managers (or to one of the Case Managers of its associated entities);
- “Platform” or “Whispli Platform” means the Whispli reporting solution that your employer or organization has chosen to make available to you to enable you to submit Reports;
- “Report” means any information, data, document, file that you have decided to communicate within your Report made through the Platform;
- “Third Party” means any person who is not a user of the Platform, Whistleblower, Organization or Whispli;
- “Whispli” means Fraudsec Pty Ltd ACN 605 003 825, a company incorporated under the laws of Australia, also trading as Whispli, and its affiliates.
3.1. Why use Whispli?
As a Whistleblower, you may use the Platform to share information with the Organisation that has subscribed to the Whispli service and authorised you to access the Platform (and/or the Case Managers designated by the Organisation), in a secure and, at your option, in an anonymous way.
The Case Managers designated by the Organisation may also use the Platform as Whistleblowers.
As a Whistleblower, you are granted an access and right of use of the Platform free of charge.
3.2 How to submit a Report?
Subject to the parameters chosen by the Organization, the Whistleblower has the option of submitting a Report to the Organization in two ways:
By creating a Whispli online account; or
As a Guest, without creating an account.
The Organization may choose to give you access to only one of these two options.
Reporting as a Guest
If you do not create an account, you will be given a unique access code for each Report made.
This code will allow you to follow the progress of your Report and to communicate with the Organization via the Platform if you wish.
Reporting with the creation of an account
In case of creation of a “Whistleblower” account, you are invited to communicate to Whispli the following data:
- A username;
- A password, which must meet the following complexity criteria:
- between 10 and 40 characters;
- must contain at least one lowercase character, one capital letter character and one symbol.
The username and password you create must remain known only to you, and you alone are responsible for any loss of confidentiality of these login details.
You have the option to remain anonymous to the Organization concerned: the identifier you choose may be a pseudonym and you are under no obligation to communicate information revealing your identity.
In any case, the Organisation does not have access to your login and password.
You also have the option of providing Whispli with your e-mail address, which Whispli will use to send you notifications about activities related to your Whispli account and/or your Report, for example in case of a message received from the Organization in response to your Report.
Whispli does not share your e-mail address with the Organisation.
You may download the Whispli mobile application to access the platform, create your account and submit a report.
When you submit a report to the Organization via the web platform, Whispli provides you with the opportunity to scan a QR code allowing you to download the Whispli mobile application. You will then be able to follow the progress of your Report and to exchange with the Body via this application.
You must have an account as a Whistleblower to use the application.
If you have not downloaded the Whispli mobile application or if you have decided not to provide us with your email address, you will not receive notifications from us about changes in the status of your Report or about messages received from the Organization. In these circumstances, it is your responsibility to log on to the Whispli Platform to check whether any communications have been sent to you.
3.3. Deleting your account
As a user of the Platform, you acknowledge and accept the following:
Subject to the rights that you have on your data communicated to Whispli mentioned in Article 8.5 hereof, the Platform does not provide for a time period for withdrawing your Report. Once the Report has been submitted to the Organization via the Platform, you can no longer delete the content of your Report or ask us to delete it.
Thus, deleting your Whispli account will not automatically delete your Report, which may be retained by the Organization in accordance with its reporting and data retention policy. We therefore invite you to refer to the reporting policy of your Organization.
Any request for removal of the content of a Report should be addressed to the Organization.
4. Obligations of the Whistleblower
The content of the Reports you submit via our Platform is determined by you alone. Therefore, you agree and warrant that:
- your Report is based on reasonable grounds and that you are acting in good faith;
- all the information you share on the Whispli Platform is, to your knowledge, true and correct;
- you do not use the Whispli Platform for any purpose that is malicious to the Organization or to any other person, including for any improper or illegal purpose, including:
- making false allegations of wrongdoing or illegal activities;
- threatening persons or property.
5. Modification and suspension of the service by Whispli
As a user of the Platform, you acknowledge and accept the following:
- We may restrict access to and/or suspend the Whispli Platform and any related service for any reason, including for maintenance purposes or for any reason beyond our control, including force majeure;
- We reserve the right to improve, modify, add or delete functionalities and features of the Platform.
6. Intellectual Property
6.1 Our Intellectual Property
The names, images, logos, editorial content, the general structure of the Platform and any other distinctive sign appearing on the Whispli Platform are content protected under the Intellectual Property rights held by Whislpli.
Any reproduction, communication to the public or distribution, in whole or in part, of any kind whatsoever, of these elements without our prior authorisation is prohibited.
You further warrant that you:
(i) will not infringe any Third Party Intellectual Property right by using the Whispli Platform;
(ii) will not copy the Whispli Platform or the services it provides for your own commercial purposes; nor
(iii) copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use directly or indirectly any source code or object code, architecture, algorithms contained in the Whispli Platform or any documentation associated with it.
6.2 Whispli user license – Term
As of this date, you have a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to access and use the Whispli Platform for the duration of the Agreement between the Organization and Whispli, subject to any conditions we specify, as we deem appropriate.
Whispli acts as a mere technical intermediary between the Organisation and you and does not intervene in the processing of your Report by the Organisation. As such, Whispli shall not be held liable for any processing of your Report by the Organisation, including any follow-up measures taken by the latter in response to your Report.
7.1 Accessibility of the Platform and malfunctions
To the extent permitted by law:
(i) We make no representations or warranties as to the reliability, accuracy or comprehensiveness of any part of the Whispli Platform or related services that we may provide to you.
(ii) All of our Whispli services are provided “as is”. Therefore, we do not represent or warrant that:
– your use of the Whispli Platform will be timely, uninterrupted or error-free, or will work in combination with any other hardware, software, system or data;
– Whispli will meet your requirements or expectations;
– any non-conformities can or will be corrected.
(iii) we do not warrant that your access to the Platform will be uninterrupted or error or virus free, nor do we provide any warranty of any kind, express or implied, including warranties of quality or fitness for a particular purpose as to the availability and/or accuracy of the content of the Platform data.
7.2 Limitation of liability
To the extent permitted by law, Whispli shall not be liable for:
(i) the content of the Reports and of the follow-up interactions between the Organization and the Whistleblower;
(iii) any suspension of the Whispli Platform or any associated service we may provide or obligation we may have, for any reason whatsoever, including for maintenance purposes or for any reason beyond our control, including force majeure;
(iv) any loss, cost, damage, direct or indirect, present or future, that you may suffer and all claims and liabilities arising from your use of the Whispli Platform, and;
(v) loss of your anonymity in the event that someone (including the Organization or an employee) discovers your identity based on the content of the Report.
8. Processing of your personal data by Whispli
Within the performance of the Agreement concluded between Whispli and the Organisation, Whispli collects and processes some of your personal data. These processing activities are carried out by Whispli as a data processor, acting on behalf of and according to the instructions of the Organisation, which acts as the data controller.
8.1. What personal data is collected by Whispli?
When you use the Platform, Whispli may have access, according to the parameters selected by the Organisation and yourself, to the following data:
- in case of creation of a Whispli Whistleblower account, your login details, which may, at your option, include information allowing you to be identified;
- at your option, your e-mail address;
- your IP address;
- The chosen language;
- Your time zone;
- the personal data that you may include in your Reports.
Data included in your Report
You alone decide whether or not to include your personal data and/or the personal data of Third Parties in your Reports.
Whispli has no control over the content of the Report that you choose to submit to the Organisation and in particular over the personal data that may be included in it. Please refer to the conditions provided by the Organization for information on the conditions for processing the data contained in your Report.
8.2. For what purpose and on what legal basis?
- execution of a contract;
- legal obligation of Whispli; or
- legitimate interest of Whispli; or
- the prior collection of your consent.
8.3. Is your data likely to be transferred to Third Parties?
Only the data that you have agreed to communicate to the Organisation will be transferred by Whispli to the latter.
These service providers are subject to a strict confidentiality commitment.
The location of the data hosting complies with the requirements provided under personal data regulations, depending on the country where you are located.
In the event that the processing of your personal data by Whispli is covered by Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (the “GDPR”), Whispli will ensure that your data is stored within the European Union.
8.4. Retention periods of your data
Whispli retains your data for the time necessary to fulfil the purpose for which the data was collected, i.e:
- In case of creation of a “Whistleblower” account on the Platform, we keep your login data (login and password) for as long as you decide to keep your account open, in order to allow you to submit Reports and to interact with the Organization.
You may choose to delete your account at any time, by addressing your request by email to the following addresses:
- [email protected], if you are located outside the European Union; or
- [email protected], if you are located in the European Union.
- If you choose to provide us with your email address, such data will be retained by Whispli for as long as you choose to maintain your online Whistleblower account.
- We do not store information about your language and time zone.
- In any case, Whispli keeps your IP address for a period of 7 days after sending your Report, for computer security reasons (e.g. to avoid computer attacks).
These retention periods of your personal data may be extended in order to take into account:
- legal obligations ;
- statute of limitations under applicable law;
- litigation; and/or
- guidelines established by the relevant data protection authorities.
Whispli’s data is backed up daily and stored in an intermediate archive in our systems for a period of 30 days. Thus, any deletion of your data by Whispli within the time limits specified in this section will be definitively taken into account within 30 days.
8.5. Your rights on your personal data
You are entitled to a number of rights in relation to your personal data, including:
- right to access your information – You may ask us for a copy of the information we hold about you;
- right to rectification of your data;
- right to have your personal data deleted – You have the right to ask us to delete personal data about you in the event that (i) you consider that we no longer need the information for the purposes for which it was collected or (ii) the use of your personal data is contrary to law;
- right to restrict our use of some of your personal data – You may ask us to restrict the way we use your personal data, within the limits of our legal obligations or to what is necessary for the processing of your Report by Whispli and/or the Organization;
- right to portability of your data – In some circumstances, you have the right to receive data in an electronic form and/or to ask us to transfer this information to a Third Party if it is technically possible (please note that this right is only applicable to the data you have provided to us and which processing is based on your prior consent or the fulfilment of our contractual obligations);
- where the processing of your data by Whispli is based on your prior consent, you have the right to withdraw your consent at any time.
Any questions or requests to exercise your rights regarding the processing of your personal data related to your Report and its contents should be addressed to the Organization, which acts as the data controller.
Should you have any questions regarding the processing of your personal data by Whispli in relation to the operation of the Platform, in particular your online “Whistleblower” account, or if you wish to remain anonymous to the Organization, we invite you to contact our Data Protection Officer (DPO) at
- If you are outside the European Union, to [email protected] or to the following address at [email protected], or at the following address
Data Protection Officer
Fraudsec Pty Ltd, Suite 102, 53 Walker Street, North Sydney, NSW, 2060 Australia
- If you are in the European Union, to [email protected] or to the following address
10 rue de la Paix, 75002 Paris, France
In accordance with our role as data processor of your personal data on behalf of the Organization, with your consent, we may escalate some of your requests to the Organization if they relate to your Report.
If you do not receive a satisfactory response from us within the regulatory timeframe, you may file a complaint with the relevant data protection authority. If you are located in Europe, we invite you to consult the list of competent authorities in your country.
9. Use of your data by the Organization
The Organization may have its own policy governing the processing of your personal information and use of the Whispli Platform. If such a policy exists and has been communicated to you by the Organization, it is your responsibility to familiarize yourself with its content and to comply with it before submitting a Report and throughout the investigation process follwing such Report.
Any Report shared with the Organization through the Platform may be retained by the Organization for the purpose of investigating a Report and deciding of follow-up measures in light of that Report.
Once processed by the Organization, the Report may be archived or deleted by the Organization in accordance with its data retention policy and applicable regulations.
The Organization may rely on Third Parties for the purpose of filtering and analyzing the information contained in the Reports, interacting with the Whistleblowers or performing any other action agreed upon between the Organization and such Third Party.
In accordance with Article 8.5 hereof, any request to exercise your rights with respect to your data contained in a Report should be addressed to the Organization, as the data controller.
10. Applicable Law and Dispute Resolution
Last updated on November 18, 2022