Please read these terms and conditions carefully. They govern Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our Website, including any desktop and mobile versions of it.
Note the Platform does not cover, and these terms do not apply to, any hardware devices or third party applications which integrate into the Platform.
Operative Provisions
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Acceptance and modification of these Terms
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You may only access, browse and use Our Website (including any desktop and mobile versions of it) if You accept these Terms. By accepting these Terms, either by clicking a box indicating your acceptance, or by accessing and browsing Our Website You agree to be legally bound by, and accept, these Terms and any information linked to these Terms (including Our Privacy Policy). These Terms are part of our “Agreement” as it relates to the Platform.
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We may modify these Terms and any other information linked to these Terms (including Our Privacy Policy) from time to time without notice.
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We will always upload the latest version of these Terms to this webpage.
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If You do not wish to accept these Terms, You must not and cannot use the Website or any part of it.
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Definitions and Interpretation
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Definitions
In these Terms:Affiliate means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with such party.
Agreement means the agreement between the parties formed under clause 1.1 and includes any schedules or annexures to these Terms, as well as any additional or varied terms agreed between You and Us in writing.
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday – Friday excluding public holidays in NSW.
Control of an entity meaning means having more than 50% ownership or the right to direct management of an entity.
Data means all works and materials (including without limitation text, graphics, datasets, images, audio material, video material, audio-visual material, scripts, software and files).
Force Majeure Event means war, strike, lockout, natural disaster, flood, earthquake, epidemic or pandemic, act of God, riot, national or regional emergency, government action or restrictions or other circumstances beyond Our reasonable control, whether or not foreseeable, which renders performance of this Agreement impossible.
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Indemnified Parties means Us, our Affiliates and their directors, employees, contractors, agents, workers and personnel.
Loss or Claim means any damage, loss, liability, cost or expense (including all reasonable professional costs on a full indemnity basis) incurred by a party or a claim, action, proceeding or demand made against a party, however arising and whether present or future, fixed or unascertained, actual or contingent.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Platform means the Website and the “Asseti” Platform owned and/or provided by Us, and also includes any content, images, text and other information appearing on any page or screen of the Platform and any source code and object code in the Platform, and also refers to any desktop and mobile versions of the Platform and any of Our associated smartphone applications.
Privacy Policy means Our Privacy Policy located at https://asseti.co/privacy-policy.
Terms means the terms and conditions set out on this webpage as amended by Us from time to time.
We, Our and Us means Asseti Operations Pty Ltd (ACN 647 696 473) of Suite 3, Level 3, 2-12 Foveaux St, Surry Hills NSW 2010
Website means the “Asseti” website owned and/or provided by Us, the homepage URL of which is https://asseti.co, any subdomain of that address, and also includes any content, images, text and other information appearing on any page or screen of the website and any source code and object code in that website, and also refers to any desktop and mobile versions of the website.
You means you, the person who accesses the Website for any reason.
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Interpretation
In these Terms:-
Headings and underlinings are for convenience only and do not affect the construction of these Terms.
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A provision of these Terms will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party's legal representative prepared the provision.
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Currency refers to Australian dollars, unless otherwise stated.
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A reference to a statute or regulation includes amendments thereto.
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A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms.
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A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
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A reference to time is to time in NSW.
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A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
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The words "includes", "including" and similar expressions are not words of limitation.
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Availability of Website
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We do not guarantee that the Website or Customer Data or access thereto will be uninterrupted or error-free. We may need to take down the Website from time to time.
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You agree and acknowledge that the accessibility and use of the Website is highly dependent on the proper function of the internet and any other computer and telecommunications networks and infrastructure on which the Website operates, interfaces with or connects to and that We are not responsible for any non-performance of the Website associated with any of those matters.
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You release and indemnify Us in respect of any loss and damage that We may incur and/or claims and/or complaints You or your customers may have against Us in respect of any interruption, error or unavailability of the Website or any Customer Data.
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Website usage Restrictions
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You may not make any use of the Website except as permitted by these Terms and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Website. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access the Website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Website or any content You obtain via the Website (other than Customer Data). In addition, You must not, nor may You permit any person to:
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copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Website and/or any content in the Website (except any of Customer Data) (except as expressly permitted by the Copyright Act 1968 (Cth));
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do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
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use the Website in any way that infringes Our rights or the rights of any third party;
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use the Website to create any product or service that competes with the Website; or
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take any steps to circumvent any technological protection measure or security measures in the Website.
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You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person.
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You must not use the Website or any part of the Website in breach of these Terms.
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Acceptable Use Policy
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You agree that the following uses are strictly prohibited by these terms:
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using the Website to violate all or any legal rights of any person or company or other entity in any jurisdiction;
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using the Website in relation to crimes such as theft and fraud;
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using the Website in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated" software or otherwise;
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introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, email bombs);
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using the Website to make fraudulent offers of goods or services;
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using the Website to carry out security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorised to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
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using the Website to execute any form of network monitoring which will intercept data not intended for You;
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using the Website to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers;
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using the Website to interfere with or deny service to anyone;
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using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person's use of the Website , or to replicate or attempt to replace the user experience of the Website;
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sending unsolicited email messages through or to users of the Website in breach of the Spam Act 2003 (Cth);
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using the Website to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages; and
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use of the Website in breach of any person's privacy (such as by way of identity theft or "phishing").
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Intellectual Property Rights
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You agree and acknowledge that these Terms do not transfer or assign any Intellectual Property Rights to You.
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As between You and Us, We own all Intellectual Property Rights in the Platform (which includes the Website), including any modifications and enhancements and the outputs created, invented, or devised by any AI system related to the Platform. Such rights shall vest in Us on creation. You shall have no rights in or to the same other than the right to use it in accordance with the terms of this Agreement.
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You have no rights in the Website or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms.
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You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Platform or requests for new Platform features (each, an "Improvement Suggestion") becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Website or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Website, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.
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You must not take any step to invalidate or prejudice Our (or Our licensors') Intellectual Property Rights in the Platform or otherwise. Without limiting the foregoing provisions, You must not register any security interest or purchase money security interest on the Personal Property Securities Register, or otherwise encumber or charge Your rights in respect of Customer Data or with respect to the rights granted to You by these Terms to use the Website.
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The services and data provided on the Website includes materials and information sourced from third party providers, as detailed in clause 14.8.
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Responsibility for other Users
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We do not accept responsibility for the conduct of any users of the Website.
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If You believe that another user of the Website has breached these Terms, please contact Us.
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Any dispute You have with another user of the Website is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of the Website and in respect of any Data or content uploaded by or on behalf of any user into the Website.
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Indemnity
- You acknowledge and agree that You are solely responsible for and You indemnify Us and other Indemnified Parties against any Loss or Claim arising from or relating to:
- Your use of the Website;
- any Third Party Services;
- Your internal or external goods, services, advertising, sales and marketing practices;
- a breach of these Terms or the Agreement by You; or
- a negligent act or omission by You.
- You acknowledge and agree that You are solely responsible for and You indemnify Us and other Indemnified Parties against any Loss or Claim arising from or relating to:
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Hyperlinks
- We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.
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Liability and warranties under the ACL
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Except in respect of any Non-Excludable Guarantees, We do not guarantee that the information on the Website is accurate, correct, up-to-date or error-free.
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The information on the Website is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Website.
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To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by You, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
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Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), We will not have any liability to You for any loss or damage howsoever incurred in relation to Your use of or inability to use the Website, or with respect to any of the circumstances addressed in clause 8.1.
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Any goods and services supplied by Us through the Platform (which for the avoidance of doubt, does not include goods or services supplied by any user of the Platform to any person) may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a 'consumer' of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended. Where You are a 'consumer' for the purposes of the Australian Consumer Law, We are required to provide and shall be deemed to have provided the following mandatory statement to You: "Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
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If the goods or services supplied by Us to You through the Platform (which for the avoidance of doubt, does not include goods or services supplied by any user of the Platform to any person) are supplied to You in Your capacity as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, where it is fair and reasonable to do so, at Our option, to one or more of the following:
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if the breach relates to goods:
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the replacement of the goods or the supply of equivalent goods;
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the repair of such goods;
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the payment of the cost of replacing the goods or of acquiring equivalent goods; or
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the payment of the cost of having the goods repaired; and
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if the breach relates to services:
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the supplying of the services again; or
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the payment of the cost of having the services supplied again.
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Any warranty against defects provided by Us to You in Your capacity as a 'consumer' under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
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Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms are excluded, to the extent possible by law.
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To the extent that Our liability is not otherwise excluded by these Terms, subject to any Non-Excludable Guarantees, Our liability to You is limited to $1000.
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Termination
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We may terminate these Terms and Your access to the Website or any part of it at any time without notice.
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We may take down the Website or any part of it or take the Website or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.
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Termination of these Terms and access to the Website does not affect any accrued rights of either party.
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Subcontracting
- Subject to any express restrictions elsewhere in these Terms and Conditions, We may subcontract any of Our obligations under this Agreement.
- We shall remain responsible to You for the performance of any subcontracted obligations.
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Notices
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Any notice issued to You from Us or to Us from You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use any of Your contact details that You provide to Us.
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You may contact Us or send a notice to Us using Our contact details that are specified on Our website at https://www.asseti.co/contact-support.
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Any notice issued by hand shall be deemed delivered upon delivery.
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Any notice issued by post shall be deemed delivered three (3) Business Days after posting if posted domestically, or ten (10) Business Days after posting if posted internationally.
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Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.
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We may send You email or other electronic messages concerning the Website from time to time.
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General
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Other rights: All rights not expressly granted to Us in these Terms are expressly reserved by Us.
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Amendment: These Terms may be amended by Us at any time.
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Assignment: You may not assign, transfer, license or novate Your rights or obligations under these Terms without Our prior written consent. We may assign, transfer, licence or novate Our rights or obligations under these Terms at any time, subject to Our Privacy Policy.
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Severability: If any part of these Terms is deemed invalid by a court of competent jurisdiction, the remainder of these Terms shall remain enforceable.
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Relationship: You and Us are independent contracting entities and these Terms do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.
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Australian Consumer Law: The exclusions and limitations of liability set out in these Terms shall apply to the fullest extent permissible at law, but We do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, We do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.
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Force Majeure: Without limiting this Agreement, neither party will be liable for any delay in performance or breach of this Agreement that arises as a result of a Force Majeure Event.
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Acknowledged Third Party Providers. We acknowledge the contributions of the following third party providers:
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Nearmap Australia Pty Ltd.
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Entire Agreement: Our Agreement, including these Terms, and any information linked to from these Terms constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.
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Jurisdiction: These Terms will be interpreted in accordance with the laws in force in NSW, Australia. You and Us irrevocably submit to the non-exclusive jurisdiction of the courts situated in NSW, Australia.
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Asseti Operations Pty Ltd (ACN 647 696 473) ("We", "Us", “Our” or the "Company") is committed to privacy protection. We understand the importance of keeping personal information private and secure. This privacy policy ("Privacy Policy") describes generally how We collect, manage and use personal information and safeguard the privacy of personal information.
This Privacy Policy forms part of, and is subject to the provisions of, Our Terms of Use. This Privacy Policy governs your use of the Platform and/or Services (as those terms are defined in the Terms of Use).
This Privacy Policy replaces and supersedes the last version of this Privacy Policy for all users.
The Australian Privacy Principles
We will treat all personal information in accordance with any and all obligations that are binding upon Us under the Privacy Act 1988 (Cth) (“Privacy Act”) and the “Australian Privacy Principles” set out in the Privacy Act.
What is "personal information"?
“Personal Information” is information about you which:
- can be used to identify, contact or locate you;
- can be combined with other information that is linked to you; or
- is defined as “personal information” by applicable laws or regulations relating to the collection, use, storage or disclosure of information about you.
We collect the content, communications and other information you provide when you use Our Platform and/or Services, including when you register on the Platform, create or share content on the Platform and communicate with others. This can include information in or about the content that you provide (e.g. metadata), such as the location of a photo or the date a file was created. Personal information that We collect from you may also include your ‘personal details’ including:
- personal details including name, mailing or street address, email address, telephone number and other contact details, age or date of birth, your employment information;
- your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
- details of the Services We have provided to you or that you have enquired about, including any additional information necessary to deliver those Services and respond to your enquiries;
- credit card information;
- any additional information relating to you that you provide to Us directly through Our Platform or app or indirectly through your use of Our Platform or app or online presence or through other websites or accounts from which you permit us to collect information;
- Geolocation information regarding your business or projects; and
- Any other information that you share with Us.
Why do we collect your personal information and how do we use your personal information?
We collect and use your personal information to operate Our Platform and to deliver Our Services. This includes:
- responding to your enquiries and requests, and providing you with Our Services in response to such requests;
- providing, maintaining, protecting, and improving Our Platform, technology, products and services;
- monitoring the effectiveness of our services;
- anything you authorise or consent to Us doing;
- notifying you in regard to changes or developments to Our Platform and Services;
- administering, developing, and improving our Platform and Services;
- marketing our Platform and Services, sending you messages and follow-up reminders;
- responding to any complaints you have made regarding Our Platform or Services;
- data analytics; or
- taking any action We are obliged to take in accordance with relevant laws and regulations.
How we may collect your personal information
We only collect personal information that is necessary for Us to operate Our Platform, conduct Our business and deliver Our Services. We will generally collect personal information:
- from you directly when you provide your details to Us. This might be via a face-to-face discussion, email or telephone conversation;
- when you communicate or interact with Us via Our Platform registration form, online chatbot feature via Our Platform, or social media channels;
- from third parties where the Privacy Act or other law allows it.
How can you access and correct your personal information?
- Access: You may request details of personal information that We hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may refuse to provide you with information that We hold about you, in certain circumstances set out in the Privacy Act. If We refuse to give you access, We will provide you with reasons for Our refusal.
- Correction: If you believe that any information We hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact Us by email at privacy@asseti.co. We rely in part upon customers advising Us when their personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.
When we may disclose your personal information
For the purposes set out above, the We may disclose your personal information to other members of of our corporate group and third parties outside the Company. Your personal information may be disclosed to these third parties who are contracted to carry out specialised functions, which will only be in relation to Our business operations, functions and activities, and performance of services. We take reasonable steps to ensure that these third parties are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
In addition, We may disclose your personal information to:
- your authorised representatives or legal advisers (when requested by you to do so);
- Our professional advisers, including Our accountants, auditors and lawyers or the professional advisers of members of our corporate group;
- government and regulatory authorities and other organisations, as required or authorised by law;
- organisations who manage Our business strategies, including those involved in a transfer/sale of all or part of Our assets or business (including accounts and trade receivables) and those involved in managing Our business risk and funding functions;
- Our employees, contractors and personnel and related bodies corporate;
- third party suppliers and service providers (including providers for the operation of Our Platforms and/or Our business or in connection with providing Our products and services to you);
- as necessary to detect, prevent, or otherwise address fraud, security or technical issues; and
- the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.
We may process and disclose personal information outside of the country of origin of that personal information. We may also store data, including personal information, in various countries such as Australia, the United States of America, the United Kingdom, countries within the EU, India, the Philippines.
When you provide your personal information to Us, you consent to the disclosure of your information outside of Australia and acknowledge that We are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy Law. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.
IP addresses
The Platform may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. We collect and manage IP addresses as part of the service of providing internet session management and for security purposes. We may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving this Platform.
Cookies
This Platform uses "cookies" to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this Platform: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the "Cookies" folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this Platform. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. We extend the same privacy protection to your personal information, whether gathered via cookies or from other sources.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this Platform.
Why we use cookies
This Platform uses cookies in order to:
- remember your preferences for using this Platform;
- show relevant notifications to you (eg, notifications that are relevant only to users who have, or have not, subscribed to newsletters or email or other subscription services); and
- remember details of data that you choose to submit to Us (eg, through online contact forms).
Many of these cookies are removed or cleared when you logout but some may remain so that your preferences are remembered for future sessions.
GDPR
While do not operate in the EU, we subscribe to the privacy principles set out in the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) and we endeavour to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects both in and outside of the EU that we may obtain.
GDPR rights
The requirements of the GDPR are broadly similar to those set out in the Privacy Act and include the following rights:
- you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;
- you may also have a right to:
- have that information rectified or deleted;
- restrict our processing of that information;
- stop unauthorised transfers of your personal information to a third party;
- in some circumstances, have that information transferred to another organisation;
- lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
- where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.
If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:
- such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other clients subject to appropriate confidentiality protections; and
- even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
- to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and
- in exercising and defending our legal rights and meeting our legal and regulatory obligations.
Storage and processing by third parties
Data that we collect about you may be stored or otherwise processed by third party services with data centres based in various locations internationally, such as Google Analytics, Microsoft Azure, Amazon Web Services, Apple, etc and online relationship management tools. We consider that the collection and such processing of this information is necessary to pursue our legitimate interests in a way that might reasonably be expected (eg, to analyse how our clients use Our Services, develop Our Services and grow Our business) and which does not materially impact your rights, freedom or interests.
We require that all third parties that act as “data processors” for Us provide sufficient guarantees and implement appropriate technical and organisational measures to secure your data, only process personal data for specified purposes and have committed themselves to confidentiality.
Duration of retention of your data
We will only keep your data for as long as is necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements. At the end of any retention period, your data will either be deleted completely or anonymised (for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning). In some circumstances, you can ask Us to delete your data.
Storage and security of your personal information
We are committed to maintaining the confidentiality of the information that you provide Us and We will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In Our business, personal information may be stored both electronically (on Our computer systems, CRM system and within Our Platform hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of Our electronic information. Likewise, We take all reasonable measures to ensure the security of hard-copy information.
Re-marketing
We may use the Google AdWords, Linkedin and/or Facebook re-marketing services to advertise on third party websites to previous visitors to this Platform based upon their activity on this Platform. This allows Us to tailor Our marketing to better suit your needs and to only display advertisements that are relevant to you. Such advertising may be displayed on a Google search results page or a website in the Google Display Network or inside Facebook or Linkedin. Google , Linkedin and Facebook may use cookies and/or pixel tags to achieve this. Any data so collected by them will be used in accordance with their own respective privacy policies. None of your personal Google, Facebook and/or Facebook information is reported to us.
You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.
Changes to this Privacy Policy
From time to time, it may be necessary for Us to revise this Privacy Policy. Any changes will be in accordance with any applicable requirements under the Privacy Act and the Australian Privacy Principles. We may notify you about changes to this Privacy Policy by posting an updated version on the Platform.
If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).
Contacting us about privacy and breach
If you would like more information about the way We manage personal information that We hold about you, or are concerned that We may have breached any privacy rules, or would like to update your personal information, please contact Us by email at privacy@asseti.co.
Please read these terms and conditions carefully. They govern Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our Platform, including any desktop and mobile versions of it, and any of Our associated smartphone applications, APIs and all of the services that We make available through Our Platform or otherwise provide directly to You.
Note the Platform does not cover, and these terms do not apply to, any hardware devices or third party applications which integrate into the Platform.
Operative Provisions
- Acceptance and modification of these Terms
- You may only access, browse and use Our Platform (including any desktop and mobile versions of it, and any of Our associated web and smartphone applications) and the Services that We make available through Our Platform if You accept these Terms. By accepting these Terms, either by clicking a box indicating your acceptance, or by accessing and browsing Our Platform You agree to be legally bound by, and accept, these Terms and any information linked to these Terms (including Our Privacy Policy). These Terms are part of our “Agreement” as it relates to the Platform and the Services.
- If You are accepting these Terms on behalf of a company or other legal entity (whether as authorised employee, agent or attorney), You represent that You have the authority to bind such entity and its Affiliates to these Terms and any Agreement, in which case the terms “You” or “Your” shall refer to such entity and its Affiliates.
- If You register for a Free Trial, You acknowledge and agree that You are bound by these Terms. Notwithstanding anything else in these Terms, under such circumstances Our Services are provided on ‘as-is’ basis without any representation or warranty of any kind.
- We may modify these Terms from time to time by reasonable advance notice to You (including by resubmitting revised terms to you for acceptance or notifying You of the update using the email address that You enter into Your Platform Account).
- We will always upload the latest version of these Terms to this webpage.
- If You do not wish to accept these Terms, You must not and cannot use the Platform, APIs or the Services or any part of them.
- Definitions and Interpretation
- Definitions
In these Terms:
- Definitions
Affiliate means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with such party.
Agreement means the agreement between the parties formed under clause 1.1 and includes any schedules or annexures to these Terms, the Proposal (if applicable), as well as any additional or varied terms agreed between You and Us in writing.
API means the Asseti application programming interface made available to You by Us including, without limitation, through https://asseti.co as may be updated from time to time.
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday – Friday excluding public holidays in NSW.
Business Hours means 9:00am – 5:00pm on Business Days.
Control of an entity meaning means having more than 50% ownership or the right to direct management of an entity.
Customer Data means as set out in clause 8.1.
Data means all works and materials (including without limitation text, graphics, datasets, images, audio material, video material, audio-visual material, scripts, software and files).
Derived Data means any Data (wholly or in part) that is adapted, derived, aggregated or generated independently by Us (for example insights determined through our machine learning algorithms or professional experience), or other AI features which are enhanced by Us or manipulated to such a degree that it (a) cannot be identified as originating or deriving directly from the Customer Data or the Services, and cannot be reverse-engineered such that it can be so identified; and (b) is not capable of use substantially as a substitute for the Services Data or the Services. For the avoidance of doubt Derived Data does not include Customer Data.
Fees means the applicable subscription fees payable by You.
Force Majeure Event means war, strike, lockout, natural disaster, flood, earthquake, epidemic or pandemic, act of God, riot, national or regional emergency, government action or restrictions or other circumstances beyond Our reasonable control, whether or not foreseeable, which renders performance of this Agreement impossible.
Free Trial means a free trial of the Platform or Services offered by Us from time to time.
Free Trial User means anyone using the Platform or Services as part of a free trial offered by Us.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (“GST Act”).
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Indemnified Parties means Us, our Affiliates and their directors, employees, contractors, agents, workers and personnel.
Invoice Request means as set out in clause 7.1
Loss or Claim means any damage, loss, liability, cost or expense (including all reasonable professional costs on a full indemnity basis) incurred by a party or a claim, action, proceeding or demand made against a party, however arising and whether present or future, fixed or unascertained, actual or contingent.
Minimum Term means as set out in clause 5.4.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.
Payment Gateway means as set out in clause 6.1.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).
Platform means the "Asseti" platform owned and/or provided by Us, the homepage URL of which is https://asseti.co, any subdomain of that address, and also includes the Platform Services and any content, images, text and other information appearing on any page or screen of the Platform and any source code and object code in the Platform, and also refers to any desktop and mobile versions of the website and Platform and any of Our associated smartphone applications.
Platform Account means Your account on the Platform that is setup when You register on the Platform or subscribe to the Platform Services.
Platform Services means the services made available via the Platform from time to time.
Platform Services Description means as set out at https://asseti.com.au/product and/or as set out in a Proposal (if applicable).
Privacy Policy means Our Privacy Policy located at https://asseti.co/privacy-policy.
Proposal means any proposal, quotation, or document provided by Us for You to execute that sets out the Services offered to You, and its associated commercial details.
Registered User means as set out in clause 5.1.
Service(s) means any Platform Services, or other services provided by Us to You as agreed in writing between You and Us.
Services Data means Data or Intellectual Property Rights generated by Us while providing the Services.
Tax Invoice has the same meaning as in the GST Act.
Terms means the terms and conditions set out on this webpage as amended by Us from time to time.
Third Party Services means any hosted, cloud or software-based services provided by any third party that are or may be integrated with the Platform or available through the Platform from time to time in circumstances where the You must, in order to activate the integration, have an account with the relevant service provider or obtain activation or access credentials from the relevant service provider.
We, Our and Us means Asseti Operations Pty Ltd (ACN 647 696 473) of Suite 3, Level 3, 2-12 Foveaux St, Surry Hills NSW 2010
You means you, the person who signed the Proposal, or otherwise utilises or receives the Services or accesses the Platform for any reason, whether or not You are a Registered User of the Platform and whether or not You do so on your own behalf or on behalf of a of a company or other legal entity (whether as authorised employee, agent or attorney).
- Interpretation
In these Terms:
- Headings and underlinings are for convenience only and do not affect the construction of these Terms.
- A provision of these Terms will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party's legal representative prepared the provision.
- Currency refers to Australian dollars, unless otherwise stated.
- A reference to a statute or regulation includes amendments thereto.
- A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms.
- A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
- A reference to time is to time in NSW.
- A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
- The words "includes", "including" and similar expressions are not words of limitation.
- Platform Registration
- We reserve the right to accept or reject any person's registration on the Platform in Our absolute discretion.
- Free Trial Users must register on the Platform prior to use.
- If You submit an application to register on the Platform, You:
- will be deemed to have irrevocably warranted that during the application process You provided truthful and accurate information only;
- will be deemed to have irrevocably warranted that You applied for registered on the Platform on behalf of and with the authority and consent of any business entity that you entered into the Platform Account registration form;
- will be deemed to have irrevocably agreed to be jointly and severally liable for any breach of these Terms by that business entity.
- You must ensure that You provide a valid email address at the time of registration.
- We reserve the right to send an email to You with a hyperlink which requires You to verify that You are the owner or operator of the email address entered by You during registration and to cancel/not approve Your registration on the Platform if Your rights to the email address are not so verified, or where You do not satisfy any of Our other eligibility criteria.
- If any of Your contact details or other information which You provide during the application process change, You must promptly update those details in Your Platform Account with Your up-to-date details and information.
- You must not provide Your Platform Account name or the password for Your Platform Account or your API key or any other form of identification which allows you to access the Platform, to any person. You agree and acknowledge that You shall be solely responsible for the confidentiality of Your username and password and any use of Your Platform Account (including unauthorised use).
- You must immediately notify Us if You become aware of any unauthorised use of Your Platform Account.
- You may cancel Your registration on the Platform at any time. You will not be entitled to any refund if You cancel Your account in accordance with this clause 9.
- Integrations with Third Party Services
- The Platform may be integrated with certain Third Party Services and We may integrate the Platform with additional Third Party Services at any time.
- We engage Amazon Web Service, Inc. to enable delivery of the Platform Services. By entering into this Agreement, You agree to comply with the AWS Customer Agreement (http://aws.amazon.com/agreement/) as it applies to You.
- Use of Our Platform is also subject to Your compliance of the following:
- Privacy Policy (http://aws.amazon.com/privacy/);
- Acceptable Use Policy (http://aws.amazon.com/aup/);
- Terms of Use (http://aws.amazon.com/terms/); and
- Service Terms (http://aws.amazon.com/serviceterms/).
- Registered User plans and Fees
- If You are accepting these Terms on behalf of a company or other legal entity, You may, upon payment of any applicable Fees, include and register nominated individuals (“Registered Users”) to Your Platform Account who may then access the Platform through Your Platform Account. We may also initiate registration of an account on behalf of You and any of Your users. Once registered through Your Platform Account, each individual user becomes a Registered User for the purposes of these Terms and each individual user accepts and is bound by the provisions of these Terms, in addition to the company or other legal entity You represent. Only Registered Users may access and use the Platform Services. Notwithstanding anything to the contrary in these Terms, You agree that You are solely responsible the actions of any Registered Users accessing the Platform through Your Platform Account. We take no responsibility for unauthorised uses of Your account. You may not assign or otherwise transfer Your account to any other entity, without Our prior written consent.
- You agree and acknowledge that Registered Users will have a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Platform Services for the purposes expressly described in the Platform Services Description, and subject always to these Terms.
- You must pay the Fees and charges set out in a Proposal (if applicable), Platform Services Description or as otherwise agreed between You and Us in writing for the plan selected during signup for a Platform Account, in consideration for Your subscription to the Platform Services at the time and in the manner set out in the Platform Services Description, plus any GST, applicable sales tax or other value added tax that is applicable in respect of the supply of the Platform Services. Any applicable GST is payable at the same time as the Fees.
- If the Platform Services Description specifies a minimum term for any subscription plan, then Your entry into this Agreement and subscription for the Platform Services is for that minimum term ("Minimum Term") and, unless otherwise specified in the Platform Services Description, cannot be cancelled or terminated by You prior to the expiry of the Minimum Term. Should You cease to use the services during the Minimum Term, We will continue to charge Fees for the remainder of the Minimum Term, based on past or expected usage, determined in our discretion, acting reasonably.
- A Registered User may only access the Platform Services solely for the purpose(s) specified in the Platform Services Description and subject to the provisions set out in the Platform Services Description and in these Terms.
- Free Trial Users may have limited access to the Platform or Services and such access will only be granted for the duration of the Free Trial or as otherwise determined by Us in Our sole discretion.
- You must pay all costs associated with accessing the Platform including internet access costs, web browser, computer and smartphone equipment costs, telecommunications costs, data costs and roaming charges, and, applicable Fees.
- Without limiting Our rights and any other provision of these Terms, if You fail to pay the Fees in accordance with the requirements of these Terms, We may suspend and/or terminate Your or any of Your Registered User’s access to the Platform Services.
- Upon expiry of the Minimum Term, the subscription will automatically renew for subsequent terms equal in duration to the Minimum Term, unless You provide Us or We provide You with a written notice of non-renewal at least 30 days prior to the end of the current term. Provided you have submitted a valid payment method to us, Your subscription will be automatically charged to that payment method on the renewal date.
- Payment Gateway
- We utilise a third party payment gateway provided by Stripe ("Payment Gateway") to process payments made to Us via the Platform.
- Each time You make a payment using the Payment Gateway You will be deemed to have acknowledged, understood and agreed:
- that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway's software or hardware or due to problems or malfunctions with the internet or other telecommunications networks;
- that except in respect of any Non-Excludable Guarantees, We do not warrant, guarantee or represent that unauthorised access to information and data cannot occur, and that We are not responsible for the performance or non-performance of the Payment Gateway;
- that You have relied on Your own independent assessment and judgement in determining whether the Payment Gateway meets Your requirements; and
- acknowledged, understood and agreed to comply with the applicable terms and conditions of, and privacy policy of, the Payment Gateway provider (collectively, the "Payment Gateway Agreement"), copies of which are available on the Payment Gateway provider website at au.stripe.com.
- You indemnify Us in respect of all and any loss or damage We incur as a result of any breach by You of the Payment Gateway Agreement.
- Invoice
- As an alternative to the Payment Gateway, You may request of Us to issue you with a Tax Invoice in respect of the Fees (“Invoice Request”).
- We reserve the right to accept or reject an Invoice Request in our sole discretion.
- If We reject an Invoice Request You must make payment in accordance with clause 6.
- If We issue You with a Tax Invoice, You must pay to Us the Fees plus any GST within 7 days of receipt by You of the Tax Invoice. We may decline to provide or may suspend any services until We have received payment of the Fees.
- Unless otherwise provided for in writing, You will be responsible, and We will charge You, for any authorisation, administration and/or clearance fees charged by any regulatory authority or other authorising body in relation to the Services. We reserve the right to render an interim invoice, or final invoice for any outstanding balance.
- Interest on overdue Tax Invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Our sole discretion such interest shall compound monthly at such a rate) after as well as before any judgement.
- In the event that Your payment is dishonoured for any reason You shall be liable for any dishonour fees incurred by Us.
- If You default in payment of any Tax Invoice when due, You shall indemnify Us from and against all costs and disbursements incurred by Us in pursuing the debt including legal costs on a solicitor and own client basis and Our collection agency costs.
- Responsibility for and ownership of Customer Data
- You are responsible for all Data uploaded to Your Platform Account in connection with the Platform Service, whether such data is uploaded directly by You or Registered Users or is otherwise provide to us on Your behalf in connection with those services (“Customer Data”). We agree that as between You and Us and subject to the Data licence set out in clause 4, You own all Customer Data that You upload into the Platform Services.
- You agree and acknowledge that:
- the Platform Services and/or Your Customer Data may be hosted by Us or Our suppliers on hardware or infrastructure located in or outside the country of origin of the Data; and
- We may not own or operate the infrastructure upon which the Platform Services and/or the Customer Data is hosted.
- You warrant, agree and represent that:
- You will only upload, input and transfer Customer Data into and/or via the Platform Services or disclose Customer Data to Us, which You are fully entitled and authorised to upload, input, transfer and disclose;
- Your Customer Data and Our collection, use, storage and/or disclosure thereof in the course of providing the Platform Services, will not breach any applicable law or right of any person;
- You will comply with all applicable laws when using the Platform Services, and You may only use the Platform Services for lawful purposes;
- You will comply with any policies related to the Platform notified to You from time to time; and
- You acknowledge that system or technological failure may impede or prevent access to all or any part of Platform Services from time to time and transmission of data over the internet may be subject to errors and delays (collectively, “Delays”) and We shall not be liable to You for any such Delays.
- In using the Platform to gain insights from your Customer Data, You license Us on an irrevocable, non-exclusive, royalty-free, sub-licensable, fully paid-up worldwide basis to use, collect, reproduce, distribute, adapt, translate and amend your Customer Data as required to (I) improve the Platform (consistent with the functions of the Platform and Asseti’s normal operations) including customising and improving the user experience, performance and functionality, backups, maintenance, testing, and development, (ii) integrate, sort, process, index, summarise, compile, analyse, and search that data to create Derived Data as well as to utilise the Derived Data in any manner, including for commercial purposes (iii) develop or providing AI systems as part of the Platform functionality including developing and improving its algorithms and models; and (iv) to exercise or perform Asseti’s rights, remedies, and obligations under this Agreement. This licence granted to Asseti continues after our Agreement ends.
- You grant to Us the right to sub-license the rights licensed under clause 4.
- You are solely responsible for the accuracy, legality and quality of all Customer Data and for obtaining any permissions, licenses, rights and authorisations necessary, including in respect of any personal information contained in such Customer Data, for Us to use, host, transmit, store and disclose the Customer Data in connection with the provision of the Platform Services.
- Except in respect of any Non-Excludable Guarantee, You agree that You, not Us, are solely responsible for backing up and archiving all Customer Data, including payment of any applicable Fees.
- You acknowledge that Your access to Customer Data that is hosted by the Platform Services is subject to Your compliance with these Terms.
- Except in respect of any Non-Excludable Guarantee, You agree that We are not responsible for any loss, corruption or hacking of any Customer Data.
- You indemnify Us in respect of any loss and damage We or any of Our suppliers incur in respect of any claim that any of Your Customer Data is lost, unavailable or corrupted or the transmission, storage, disclosure, or access to any Customer Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.
- Availability of Platform Services
- Subject to clauses 2, 9.4, 9.5 and 9.6, while You are subscribed to receive Platform Services, We agree to use Our best endeavours to procure hosting of the Platform Services and the Customer Data and to ensure that the Platform Services are available.
- If You fail to pay any of the Fees in accordance with the requirements of these Terms, or if there are any outstanding balances on Your account that are not resolved within 7 days of Us notifying You, We reserve the right to suspend Your access to the Platform Services immediately and without notice. Access will remain suspended until all outstanding payments are fully settled. During this suspension period, You may not be able to access any of Your Customer Data or utilise the Platform Services.
- The availability of the Platform Services to You will be subject, in addition to any other provisions set out in these Terms, to any bandwidth limitations, database size limitations, throughput limitations and other technical and non-technical limitations or restrictions set out in the Platform Services Description, and any planned and unplanned maintenance of the Platform and/or Our hosting providers.
- You agree and acknowledge that the accessibility and use of the Platform, the Platform Services and the Customer Data hosted by the Platform Services is highly dependent on the proper function of the internet and any other computer and telecommunications networks and infrastructure upon which the Platform and/or Platform Services and/or Customer Data operate, interface with or connect to, and that We are not responsible for any non-performance of the Platform associated with any of those matters.
- You acknowledge and agree that there may be a delay between Your acceptance of a Proposal and the activation or availability of services or data on Our Platform.
- Except in respect of any Non-Excludable Guarantee, We do not guarantee that the Platform, Platform Services or Customer Data or access thereto will be uninterrupted or error-free and You release and indemnify Us in respect of any loss and damage that We may incur and/or claims and/or complaints You or your customers may have against Us in respect of any interruption, error or unavailability of the Platform, Platform Services or any Customer Data.
- Usage Restrictions
- You may not make any use of the Platform except as permitted by these Terms and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Platform. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Platform or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Platform or any content You obtain via the Platform (other than Customer Data). In addition, You must not, nor may You permit any person to:
- copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Platform and/or any content in the Platform (except any of Customer Data) (except as expressly permitted by the Copyright Act 1968 (Cth));
- do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
- use the Platform in any way that infringes Our rights or the rights of any third party;
- use the Platform to create any product or service that competes with the Platform;
- take any steps to circumvent any technological protection measure or security measures in the Platform; or
- share Your API key with any third party (except with our prior written agreement).
- You must not use the Platform or any part of the Platform in any way which is in breach of any statute, regulation, law or legal right of any person.
- You must not use the Platform or any part of the Platform in breach of these Terms.
- You may not make any use of the Platform except as permitted by these Terms and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Platform. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Platform or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Platform or any content You obtain via the Platform (other than Customer Data). In addition, You must not, nor may You permit any person to:
- Acceptable Use Policy
- You agree that the following uses are strictly prohibited by these terms:
- using the Platform to violate all or any legal rights of any person or company or other entity in any jurisdiction;
- using the Platform in relation to crimes such as theft and fraud;
- using the Platform in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated" software or otherwise;
- introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, email bombs);
- revealing Your account password to others or allowing use of Your Platform Account by others;
- using another person's name, username or password or otherwise attempting to gain access to the Platform Account of any other person;
- using the Platform to make fraudulent offers of goods or services;
- using the Platform to carry out security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorised to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
- using the Platform to execute any form of network monitoring which will intercept data not intended for You;
- using the Platform to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers;
- using the Platform to interfere with or deny service to anyone;
- using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person's use of the Platform, or to replicate or attempt to replace the user experience of Our Platform;
- sending unsolicited email messages through or to users of the Platform in breach of the Spam Act 2003 (Cth);
- using the Platform to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages; and
- use of the Platform in breach of any person's privacy (such as by way of identity theft or "phishing").
- You agree that the following uses are strictly prohibited by these terms:
- Intellectual Property Rights
- You agree and acknowledge that these Terms do not transfer or assign any Intellectual Property Rights to You.
- As between You and Us, We own all Intellectual Property Rights in the Platform, APIs, Derived Data and the Services Data, including any modifications and enhancements and the outputs created, invented, or devised by any AI system related to the Platform. Such rights shall vest in Us on creation. You shall have no rights in or to the same other than the right to use it in accordance with the terms of this Agreement.
- As between You and Us, You own all Intellectual Property Rights in Customer Data only.
- Upon payment of the Fees (if applicable), We will grant You a royalty-free, non-exclusive and non-transferable licence to:
- use the Services Data for Your internal purposes. For the avoidance of doubt, “internal purposes” includes internal commercial purposes such as Your decision making purposes;
- access the API solely for the purposes of (i) internally developing applications that will communicate and interoperate with Our Platform for the purpose of displaying and utilising Customer Data received from the API within Your application; and (ii) making API calls in compliance with reasonable API limits which we may set from time to time.
but the licence granted under this clause 12.4 does not allow You to sell, publish, make publicly available or otherwise distribute the Services Data in any form without Our prior written consent, which may be withheld in our sole discretion or granted subject to certain conditions.
- For the avoidance of doubt and notwithstanding anything to the contrary in these Terms, We expressly do not grant any permissions or licences to any Data or Our API to as contemplated in clause 4 or as otherwise set out in these Terms to any Free Trial Users.
- You have no rights in the Platform or Derived Data or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms.
- You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Platform or requests for new Platform features (each, an "Improvement Suggestion") becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Platform or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Platform, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.
- You must not take any step to invalidate or prejudice Our (or Our licensors') Intellectual Property Rights in the Platform or otherwise. Without limiting the foregoing provisions, You must not register any security interest or purchase money security interest on the Personal Property Securities Register, or otherwise encumber or charge Your rights in respect of Customer Data or with respect to the rights granted to You by these Terms to use the Platform.
- The services and data provided on Our Platform includes materials and information sourced from third party providers, as detailed in clause 8.
- Responsibility for other Users
- We do not accept responsibility for the conduct of any users of Our Platform.
- If You believe that another user of Our Platform has breached these Terms, please contact Us.
- Any dispute You have with another user of Our Platform is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Platform and in respect of any Data or content uploaded by or on behalf of any user into the Platform.
- Indemnity
- You acknowledge and agree that You are solely responsible for and You indemnify Us and other Indemnified Parties against any Loss or Claim arising from or relating to:
- Your use of the Free Trial;
- Your use of the Platform and/or the Service;
- any Third Party Services;
- Your internal or external goods, services, advertising, sales and marketing practices that may otherwise incorporate Your Customer Data or Services Data or any other information relating to the Services;
- a breach of these Terms or the Agreement by You; or
- a negligent act or omission by You.
- You acknowledge and agree that You are solely responsible for and You indemnify Us and other Indemnified Parties against any Loss or Claim arising from or relating to:
- App-Specific Provisions
- The provisions of this clause 15 apply only to Your use of any Platform web application that You download from the Apple App Store or Google Play (each, an app).
- You agree that these Terms are part of an agreement between You and Us and not between You and Apple, or You and Google. As between Us and Apple Inc., and as between Us and Google Inc., We are solely responsible for any product warranties pertaining to the app, whether express or implied by law, to the extent not otherwise effectively disclaimed under these Terms.
- In the event of any failure of the app to conform to any applicable warranty and where the warranty relates to Your use of a version of the app downloaded through the Apple App Store You may notify Apple, and Apple will refund the purchase price for the app to You (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any warranty will be Our sole responsibility.
- You and We each acknowledge that, subject to clause 5, as between You and Us, We, and not Apple or Google, are responsible for addressing any of Your claims relating to the app or Your possession and/or operation of the app, including, but not limited to: (i) product liability claims made in respect of the app; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App.
- Notwithstanding the provisions of clause 2, 15.3 and 15.4, and for the avoidance of doubt, You agree:
- to release and indemnify Us from any claims that You or any other person might otherwise have (including any claims arising under consumer protection or similar legislation in respect of the app and any other claims, losses, liabilities, damages or expenses) which relate to Your acts or omissions;
- You, and not Us, will be solely responsible for any of the matters referred to in clauses 2, 15.3 and 15.4 to the extent they are caused or contributed to by You.
- We and You each acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the app.
- You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- We and You each acknowledge and agree that Apple and Google, and Apple's and Google's respective subsidiaries, are third party beneficiaries of these Terms, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary of these Terms.
- Hyperlinks
- We do not represent, recommend or endorse any websites to which We have linked from the Platform via hyperlink or otherwise.
- Liability
- Except in respect of any Non-Excludable Guarantees, We do not guarantee that the information on this Platform is accurate, correct, up-to-date or error-free.
- The information on the Platform is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Platform.
- To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
- Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), We will not have any liability to You for any loss or damage howsoever incurred in relation to Your use of or inability to use the Platform, or with respect to any of the circumstances addressed in clause 1.
- Any goods and services supplied by Us through the Platform (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Registered User of the Platform to any person) may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a 'consumer' of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended. Where You are a 'consumer' for the purposes of the Australian Consumer Law, We are required to provide and shall be deemed to have provided the following mandatory statement to You: "Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
- If the goods or services supplied by Us to You through the Platform (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Registered User of the Platform to any person) are supplied to You in Your capacity as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, where it is fair and reasonable to do so, at Our option, to one or more of the following:
- if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- Any warranty against defects provided by Us to You in Your capacity as a 'consumer' under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
- Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms are excluded, to the extent possible by law.
- To the extent that Our liability is not otherwise excluded by these Terms, subject to any Non-Excludable Guarantees, Our liability to You is limited to the lesser of (a) the aggregate sum of the Fees paid by You to Us in the last 12 months of your subscription to the Platform or (b) $1000.
- Termination
- If you are not a Registered User, We may terminate these Terms and Your access to the Platform or any part of it at any time without notice.
- If You are a Free Trial User, We may terminate Your access to the Platform for any reason immediately without notice.
- If You are a Registered User, We may terminate the Agreement and Your access to the Platform by notice to You if:
- the Platform Account held by the company or other legal entity
which you access is terminated;
- You breach any material term of these Terms or the Agreement; or
- where reasonably necessary to protect Our legitimate commercial interests.
- We may take down the Platform or any part of it or take the Platform or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.
- Termination of these Terms and access to the Platform does not affect any accrued rights of either party.
- Subcontracting
- Subject to any express restrictions elsewhere in these Terms and Conditions, We may subcontract any of Our obligations under this Agreement.
- We shall remain responsible to You for the performance of any subcontracted obligations.
- Notices
- Any notice issued to You from Us or to Us from You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use Your contact details associated with Your Platform Account.
- You may contact Us or send a notice to Us using Our contact details that are specified on Our website at https://www.asseti.co/contact-support.
- Any notice issued by hand shall be deemed delivered upon delivery.
- Any notice issued by post shall be deemed delivered three (3)Business Days after posting if posted domestically, or ten (10) Business Days after posting if posted internationally.
- Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.
- We may send You email or other electronic messages concerning Your Platform Account and the Platform from time to time.
- General
- Other rights: All rights not expressly granted to Us in these Terms are expressly reserved by Us.
- Amendment: These Terms may be amended by Us at any time. We will notify You of the amendments by providing notice in writing including via email (Amendment Notice) and if You do not agree to the amendments, provide written notice to us within 7 days of your receipt of the Amendment Notice describing what section(s) of the Amendment Notice are detrimental to you. We will use our best endeavours to resolve any issues raised by You.
- Assignment: You may not assign, transfer, license or novate Your rights or obligations under these Terms without Our prior written consent. We may assign, transfer, licence or novate Our rights or obligations under these Terms at any time, subject to Our Privacy Policy.
- Severability: If any part of these Terms is deemed invalid by a court of competent jurisdiction, the remainder of these Terms shall remain enforceable.
- Relationship: You and Us are independent contracting entities and these Terms do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.
- Australian Consumer Law: The exclusions and limitations of liability set out in these Terms shall apply to the fullest extent permissible at law, but We do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, We do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.
- Force Majeure: Without limiting this Agreement, neither party will be liable for any delay in performance or breach of this Agreement that arises as a result of a Force Majeure Event.
- Acknowledged Third Party Providers. We acknowledge the contributions of the following third party providers:
- Nearmap Australia Pty Ltd.
- Entire Agreement: Our Agreement, including these Terms, and any information linked to from these Terms constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.
- Jurisdiction: These Terms will be interpreted in accordance with the laws in force in NSW, Australia. You and Us irrevocably submit to the non-exclusive jurisdiction of the courts situated in NSW, Australia.
This Privacy Policy forms part of, and is subject to the provisions of, Our Terms of Use. This Privacy Policy governs your use of the Platform and/or Services (as those terms are defined in the Terms of Use).
This Privacy Policy replaces and supersedes the last version of this Privacy Policy for all users.
The Australian Privacy Principles
We will treat all personal information in accordance with any and all obligations that are binding upon Us under the Privacy Act 1988 (Cth) (“Privacy Act”) and the “Australian Privacy Principles” set out in the Privacy Act.
What is "personal information"?
“Personal Information” is information about you which:
- can be used to identify, contact or locate you;
- can be combined with other information that is linked to you; or
- is defined as “personal information” by applicable laws or regulations relating to the collection, use, storage or disclosure of information about you.
We collect the content, communications and other information you provide when you use Our Platform and/or Services, including when you register on the Platform, create or share content on the Platform and communicate with others. This can include information in or about the content that you provide (e.g. metadata), such as the location of a photo or the date a file was created. Personal information that We collect from you may also include your ‘personal details’ including:
- personal details including name, mailing or street address, email address, telephone number and other contact details, age or date of birth, your employment information;
- your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
- details of the Services We have provided to you or that you have enquired about, including any additional information necessary to deliver those Services and respond to your enquiries;
- credit card information;
- any additional information relating to you that you provide to Us directly through Our Platform or app or indirectly through your use of Our Platform or app or online presence or through other websites or accounts from which you permit us to collect information;
- Geolocation information regarding your business or projects; and
- Any other information that you share with Us.
Why do we collect your personal information and how do we use your personal information?
We collect and use your personal information to operate Our Platform and to deliver Our Services. This includes:
- responding to your enquiries and requests, and providing you with Our Services in response to such requests;
- providing, maintaining, protecting, and improving Our Platform, technology, products and services;
- monitoring the effectiveness of our services;
- anything you authorise or consent to Us doing;
- notifying you in regard to changes or developments to Our Platform and Services;
- administering, developing, and improving our Platform and Services;
- marketing our Platform and Services, sending you messages and follow-up reminders;
- responding to any complaints you have made regarding Our Platform or Services;
- data analytics; or
- taking any action We are obliged to take in accordance with relevant laws and regulations.
How we may collect your personal information
We only collect personal information that is necessary for Us to operate Our Platform, conduct Our business and deliver Our Services. We will generally collect personal information:
- from you directly when you provide your details to Us. This might be via a face-to-face discussion, email or telephone conversation;
- when you communicate or interact with Us via Our Platform registration form, online chatbot feature via Our Platform, or social media channels;
- from third parties where the Privacy Act or other law allows it.
How can you access and correct your personal information?
- Access: You may request details of personal information that We hold about you, in certain circumstances set out in the Privacy Act 1988 (Cth). An administrative fee may be payable for the provision of information. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may refuse to provide you with information that We hold about you, in certain circumstances set out in the Privacy Act. If We refuse to give you access, We will provide you with reasons for Our refusal.
- Correction: If you believe that any information We hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact Us by email at privacy@asseti.co. We rely in part upon customers advising Us when their personal information changes. We will respond to any request within a reasonable time. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.
When we may disclose your personal information
For the purposes set out above, the We may disclose your personal information to other members of of our corporate group and third parties outside the Company. Your personal information may be disclosed to these third parties who are contracted to carry out specialised functions, which will only be in relation to Our business operations, functions and activities, and performance of services. We take reasonable steps to ensure that these third parties are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
In addition, We may disclose your personal information to:
- your authorised representatives or legal advisers (when requested by you to do so);
- Our professional advisers, including Our accountants, auditors and lawyers or the professional advisers of members of our corporate group;
- government and regulatory authorities and other organisations, as required or authorised by law;
- organisations who manage Our business strategies, including those involved in a transfer/sale of all or part of Our assets or business (including accounts and trade receivables) and those involved in managing Our business risk and funding functions;
- Our employees, contractors and personnel and related bodies corporate;
- third party suppliers and service providers (including providers for the operation of Our Platforms and/or Our business or in connection with providing Our products and services to you);
- as necessary to detect, prevent, or otherwise address fraud, security or technical issues; and
- the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.
We may process and disclose personal information outside of the country of origin of that personal information. We may also store data, including personal information, in various countries such as Australia, the United States of America, the United Kingdom, countries within the EU, India, the Philippines.
When you provide your personal information to Us, you consent to the disclosure of your information outside of Australia and acknowledge that We are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy Law. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.
IP addresses
The Platform may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. We collect and manage IP addresses as part of the service of providing internet session management and for security purposes. We may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving this Platform.
Cookies
This Platform uses "cookies" to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this Platform: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the "Cookies" folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this Platform. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. We extend the same privacy protection to your personal information, whether gathered via cookies or from other sources.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this Platform.
Why we use cookies
This Platform uses cookies in order to:
- remember your preferences for using this Platform;
- show relevant notifications to you (eg, notifications that are relevant only to users who have, or have not, subscribed to newsletters or email or other subscription services); and
- remember details of data that you choose to submit to Us (eg, through online contact forms).
Many of these cookies are removed or cleared when you logout but some may remain so that your preferences are remembered for future sessions.
GDPR
While do not operate in the EU, we subscribe to the privacy principles set out in the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) and we endeavour to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects both in and outside of the EU that we may obtain.
GDPR rights
The requirements of the GDPR are broadly similar to those set out in the Privacy Act and include the following rights:
- you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;
- you may also have a right to:
- have that information rectified or deleted;
- restrict our processing of that information;
- stop unauthorised transfers of your personal information to a third party;
- in some circumstances, have that information transferred to another organisation;
- lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
- where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.
If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:
- such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other clients subject to appropriate confidentiality protections; and
- even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
- to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and
- in exercising and defending our legal rights and meeting our legal and regulatory obligations.
Storage and processing by third parties
Data that we collect about you may be stored or otherwise processed by third party services with data centres based in various locations internationally, such as Google Analytics, Microsoft Azure, Amazon Web Services, Apple, etc and online relationship management tools. We consider that the collection and such processing of this information is necessary to pursue our legitimate interests in a way that might reasonably be expected (eg, to analyse how our clients use Our Services, develop Our Services and grow Our business) and which does not materially impact your rights, freedom or interests.
We require that all third parties that act as “data processors” for Us provide sufficient guarantees and implement appropriate technical and organisational measures to secure your data, only process personal data for specified purposes and have committed themselves to confidentiality.
Duration of retention of your data
We will only keep your data for as long as is necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements. At the end of any retention period, your data will either be deleted completely or anonymised (for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning). In some circumstances, you can ask Us to delete your data.
Storage and security of your personal information
We are committed to maintaining the confidentiality of the information that you provide Us and We will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In Our business, personal information may be stored both electronically (on Our computer systems, CRM system and within Our Platform hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of Our electronic information. Likewise, We take all reasonable measures to ensure the security of hard-copy information.
Re-marketing
We may use the Google AdWords, Linkedin and/or Facebook re-marketing services to advertise on third party websites to previous visitors to this Platform based upon their activity on this Platform. This allows Us to tailor Our marketing to better suit your needs and to only display advertisements that are relevant to you. Such advertising may be displayed on a Google search results page or a website in the Google Display Network or inside Facebook or Linkedin. Google , Linkedin and Facebook may use cookies and/or pixel tags to achieve this. Any data so collected by them will be used in accordance with their own respective privacy policies. None of your personal Google, Facebook and/or Facebook information is reported to us.
You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.
Changes to this Privacy Policy
From time to time, it may be necessary for Us to revise this Privacy Policy. Any changes will be in accordance with any applicable requirements under the Privacy Act and the Australian Privacy Principles. We may notify you about changes to this Privacy Policy by posting an updated version on the Platform.
If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).
Contacting us about privacy and breach
If you would like more information about the way We manage personal information that We hold about you, or are concerned that We may have breached any privacy rules, or would like to update your personal information, please contact Us by email at privacy@asseti.co.