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MY DOORMAN – PRIVACY POLICY
We understand that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our services, our website and mobile application (Services). In this Privacy Policy we, us or our means My Doorman Pty Ltd ABN 15 635 437 133.
Personal information
Personal information: The types of personal information we may collect about you include:
your name;
images of you;
your contact details, including email address, mailing address, street address and/or telephone number;
your credit card or payment details;
your preferences and/or opinions;
information you provide to us through customer surveys;
details of products and services we have provided to you and/or that you have enquired about, and our response to you;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
information about your access and use of our Services, including through the use of Internet cookies, your communications with our online Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our Services, associated applications , associated social media platforms and/or accounts from which you permit us to collect information; and; and
any other personal information requested by us and/or provided by you or a third party.
We may collect these types of personal information directly from you or from third parties.
Collection and use of personal information
We may collect, hold, use and disclose personal information for the following purposes:
to enable you to access and use our Services, our associated applications and associated social media platforms;
to contact and communicate with you;
for internal record keeping, administrative purposes, invoicing and billing purposes;
for analytics, market research and business development, including to operate and improve our , associated applications and associated social media platforms Services, associated applications and associated social media platforms;
offer additional benefits to you;
for advertising and marketing, including to send you promotional information about our products and services and information that we consider may be of interest to you;
to comply with our legal obligations and resolve any disputes that we may have; and
if you have applied for employment with us; to consider your employment application.
Disclosure of personal information to third parties
We may disclose personal information to:
third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
our employees, contractors and/or related entities;
our existing or potential agents or business partners;
sponsors or promoters of any promotions or competition we run;
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located or that store data outside of Australia; and
third parties to collect and process data, such as Google Analytics This may include parties located or that store data outside of Australia.
By providing us with personal information, 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. You acknowledge that some overseas third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.
How we treat personal information that is also sensitive information
Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information or biometric information.
We do not currently collect sensitive information. If we do collect sensitive information, provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected.
Sensitive information may also be used or disclosed if required or authorised by law.
Your rights and controlling your personal information
Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our Services.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. You also have the right to contact the relevant authority in the country in which you are based.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Cookies and web beacons
We may use cookies on our online Services from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online Services with personal information, this information may be linked to the data stored in the cookie.
We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our online Services. They include, for example, cookies that enable you to log into secure areas of our online Services, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. These are cookies that allow us to recognise and count the number of visitors to our online Services and to see how visitors move around our online Services when they are using them. This helps us to improve the way our online Services work, for example, by ensuring that users find what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our online Services. These cookies enable us to personalise our content for you and remember your preferences (for example, your choice of language or region).
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our online Services.
We may use web beacons on our online Services from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.
Links to other websites
Our Services may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.
For any questions or notices, please contact our Privacy Officer at:
My Doorman Pty Ltd ABN 15 635 437 133
Email: admin@mydoorman.com.au
Last update: 11/11/2019
My Doorman Pty Ltd – End User licence Agreement (this EULA)
1 Acceptance of these terms and conditions
1.1 My Doorman Pty Ltd ABN: 15 635 437 133 (us, we or our) license the cloud-based SaaS services, including all instructions in hard copy or electronic form and any update, modification or release of any part of the SaaS services (Software) which is accessible at [URL Insert] (Site).
1.2 This EULA applies to:
(a) the primary account (Primary Account) holder of the Software (Account Holder);
(b) you, where you are invited by the Account Holder to create a user account as an end user (User Account) in accordance with the terms of your Account Holder’s chosen subscription package (Subscription); and
(c) any other person or entity using or accessing the Software,
(jointly and severally known as you and your).
1.3 If applicable, the terms of this EULA are deemed incorporated into our agreement with you, for the supply of the Software by reference. You accept this EULA by clicking a box indicating acceptance via the Site or by using or accessing the Software.
1.4 This EULA will commence on the date on which you accept this EULA and will continue until the date this EULA is terminated in accordance with clause 10 (the Term).
1.5 By accepting this EULA, creating a User Account or Primary Account and/or accessing and/or using the Software, you warrant to us that you have the legal capacity to enter into a legally binding agreement or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Software and they have agreed to this EULA on your behalf.
2 Licence to use
In consideration for your compliance with this EULA and if applicable, subject to the terms of your Subscription, we grant you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable licence to access, display and use the Software for business purposes for the Term and only on as many computers, devices and in such configurations as is expressly permitted by us (Licence).
3 Restrictions
3.1 You must not access or use the Software except as permitted by the Licence and you must not and must not permit any other person to:
(a) use the Software in any way which is in breach of any applicable Laws or which infringes any person’s rights, including Intellectual Property rights;
(b) use the Software to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
(c) use the Software in any way that damages, interferes with or interrupts the supply of the Software;
(d) introduce malicious programs into our hardware and software or Systems, including viruses, malware, worms, trojan horses and e-mail bombs;
(e) use the Software to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
(f) use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Software; or
(g) use the Software to circumvent user authentication or security of any of your networks, accounts or hosts or those of any other third party.
4 Third Parties
4.1 You acknowledge and agree that:
(a) the provision of the Software may be contingent on, or impacted by, third parties, other customers’ use of our services, suppliers, other subcontractors (Third Party Inputs); and
(b) despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no Liability, for any default or breach of this EULA or law, if such default or breach was caused or contributed to by any Third Party Inputs.
4.2 You acknowledge that the Software includes certain optional functionality that may interface or interoperate with third party software, hardware or services. To the extent that you choose to use such functionality, you are responsible for: (i) the purchase of; (ii) the ancillary requirements related to; and (iii) the licensing obligations related to the applicable third party software, hardware and services. It is your responsibility to ensure the requirements are met in order for you to benefit from the specific functionality made available to you.
5 Support services
5.1 During the Term, where you lodge a support ticket with us, we will provide you with technical support services in accordance with the specifications of the Account Holder’s Subscription.
5.2 You agree, where we provide any support services to you, to assist us in investigating and ascertaining the cause of the fault and provide us with access to all necessary information relevant to the fault (including what you have done in relation to the fault).
6 Your warranties
6.1 You warrant and agree that:
(a) you have reviewed this EULA available on the Site, (with your parent or legal guardian if you are under 18 years of age);
(b) you have all hardware, software and services which are necessary to access and use the Software;
(c) you will use the Software in accordance with this EULA;
(d) all information and documentation that you provide to us in connection with this EULA is true, correct and complete and you acknowledge and agree that we will rely on such information and documentation in order to provide the Software;
(e) you are responsible for obtaining any consents, licences, authorities and permissions from other parties necessary for the Software to be provided in accordance with this EULA, at your cost, and for providing us with the necessary consents, licences, authorities and permissions; and
(f) if applicable, you will maintain the confidentiality and security of any of your Primary Account and/or User Account details and passwords.
7 Intellectual Property rights
7.1 All Intellectual Property in the Software and that Intellectual Property developed, adapted, modified or created by us or our officers, employees, contractors, sub-contractors or agents including in connection with this EULA and the Software and any machine learning algorithms output from the Software is and will remain owned exclusively by us or our third party service providers.
7.2 You must not, without our prior written consent:
(a) copy or use, in whole or in part, any of our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our Intellectual Property to any third party;
(c) reverse assemble, reverse engineer, reverse compile or enhance the Software;
(d) breach any Intellectual Property rights connected with the Software, including altering or modifying any of our Intellectual Property;
(e) cause any of our Intellectual Property to be framed or embedded in another website;
(f) create derivative works from any of our Intellectual Property;
(g) resell, assign, transfer, distribute or make available the Software to third parties;
(h) “frame”, “mirror” or serve any of the Software on any web server or other computer server over the Internet or any other network; or
(i) alter, remove or tamper with any trademarks, any patent or copyright notices, any confidentiality legend or notice, any numbers or any other means of identification used on or in relation to the Software.
7.3 As between you and us:
(a) all Data is and remains your property or the property of the Account Holder (as applicable);
(b) you grant us a limited licence to copy, transmit, store and back-up or otherwise access the Data during the Term solely to:
(i) supply the Software to you (including to enable you to access and use the Software);
(ii) diagnose problems with the Software;
(iii) enhance and otherwise modify the Software;
(iv) develop other services, provided we de-identify the Data; and
(v) as reasonably required to perform our obligations under this EULA.
7.4 You must, at all times, ensure the integrity of any Data you input and that your use of the Data is compliant with all Laws. You represent and warrant that you have obtained all necessary rights, releases and permissions to provide all your Data to us and to grant the rights granted to us in this EULA.
7.5 We assume no responsibility or Liability for the Data. You are solely responsible for the Data and the consequences of using, disclosing, storing or transmitting it.
7.6 We have no obligation to monitor any content uploaded to the Software. Nonetheless, if we deem such action necessary for any reason, we may (without limiting our other rights) remove your Data from the Software. We have no liability to you for removing your Data from the Software.
8 ACL
8.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
8.2 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled:
(a) to cancel this EULA with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the services rectified in a reasonable time and, if this is not done, to cancel this EULA and obtain a refund for the unused portion of this EULA.
8.3 If the ACL applies to you as a consumer, nothing in this EULA excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this EULA.
8.4 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.
9 Our Liability
9.1 Despite anything to the contrary, to the maximum extent permitted by law:
(a) our maximum aggregate Liability arising from or in connection with this EULA (including the Software or the subject matter of this EULA) will be limited to, and must not exceed in the aggregate for all claims $10; and
(b) we will not be liable to you for any Consequential Loss,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
9.2 Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you waive and release us from and against, all Liability (whether under statute, contract, negligence or other tort, indemnity, or otherwise) arising from or in connection with any:
(a) loss of, or damage to, any property or any injury to or loss to any person;
(b) failure or delay in providing the Software;
(c) breach of this EULA or any Laws; or
(d) unavailability, outage or interruption of the Computing Environment,
where caused or contributed to by any:
(i) Force Majeure Event;
(ii) fault, defect, error or omission in your Computing Environment or Data; or
(iii) your act or omission,
and, in any event, any error, omission or lack of suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Software.
9.3 To the maximum extent permitted by law, you indemnify and continue to indemnify us against all Liability we suffer or incur arising from or as a consequence of a breach of clause 7 (Intellectual Property), your use of the Software contrary to this EULA, including from any claim relating to the Data.
9.4 You acknowledge and agree that:
(a) you are responsible for your use of the Software;
(b) you use the Software and any associated programs and files at your own risk;
(c) we do not warrant that the Software is error-free or will be uninterrupted;
(d) any information, recommendations, guidance or reports generated by the Software (Content) is general in nature and that the Content does not take into account your specific needs or circumstances. It is not advice, it does not constitute an express or implied warranty and you must not rely on it. We do not assume any liability for the accuracy, completeness, usefulness of any Content, or your reliance on any Content;
(e) the technical processing and transmission of the Software, including your Data, may be transferred unencrypted and involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices;
(f) we may use third party service providers to host the Software. If the providers of third party applications or services cease to make their services or programs available on reasonable terms, we may cease providing any affected features;
(g) the Software may use third party products, facilities or services. We do not make any warranty or representation in respect of the third party products, facilities or services;
(h) we do not guarantee that any file or program available for download and/or execution from or via the Software is free from viruses or other conditions which could damage or interfere with Data, hardware or software with which it might be used;
(i) we are not responsible for the integrity or existence of any Data on the Computing Environment, network or any device controlled by you;
(j) from time to time, we may make certain services and/or features available to you for use which are still in their beta stage. These beta stage services have not been fully tested and are provided on an ‘as is’ basis; and, to the fullest extent permitted by Law, we make no representations, warranties or guarantees in relation to such beta stage services; and
(k) we may pursue any available equitable or other remedy against you if you breach any provision of this EULA.
10 Termination of your User Account and this EULA
10.1 You may only terminate your User Account and/or this EULA via your User Account management dashboard or via email to us. You are solely responsible for properly terminating your User Account and/or this EULA.
10.2 If you are an Account Holder, you may only terminate this EULA but providing us with written notice of termination.
10.3 Your Account Holder may terminate your User Account, your access and this EULA at any time in their sole discretion.
10.4 If your Account Holder’s Subscription is suspended or terminated we will also suspend your User Account, your access or terminate your User Account and this EULA (as applicable).
10.5 If we believe you are misusing or otherwise in breach of this EULA, the Software we may immediately terminate your Primary Account and/or User Account and/or this EULA with notice to you.
11 General
11.1 We reserve the right at any time and from time to time to change or remove features of the Software.
11.2 If we are delayed from performing our obligations due to such a circumstance for a period of at least two months, we may terminate the Primary Account, your User Account and/or this EULA with notice to you.
11.3 Neither Party may commence court proceedings relating to any dispute arising from, or in connection with, this EULA without first meeting with a senior representative of the other Party to seek (in good faith) to resolve that dispute (unless that Party is seeking urgent interlocutory relief or the dispute relates to compliance with this provision).
11.4 Any notice required or permitted to be given by either Party to the other under these conditions will be in writing addressed to us at the contact details below and to you on the contact details included in your User Account or Primary Account. A Party may change its notice details by written notice to the other Parties. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 4 business days in the case of post, or at the time of transmission in the case of transmission.
11.5 Any failure or delay by a Party in exercising a power or right (either wholly or partly) in relation to this EULA does not operate as a waiver or prevent a Party from exercising that power or right or any other power or right. A waiver must be in writing.
11.6 If a provision of this EULA are held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this EULA without affecting the validity or enforceability of the remainder of that provision or the other provisions.
11.7 We may assign, transfer, novate or otherwise deal with all or any of our rights or obligations under this EULA without your prior written consent. You may not assign, transfer or otherwise deal with all or any of your rights or obligations under this EULA without our prior written consent. Any purported dealing in breach of this clause by you is of no force or effect.
11.8 We may vary this EULA with notice to you via email or via a notification within your Primary Account and/or User Account.
11.9 This EULA is governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any rights to object to proceedings being brought in those courts. The Software may be accessed in Australia and overseas. We make no representation that the Software comply with the laws (including Intellectual Property laws), other than the General Data Protection Regulation 2016/679 where applicable, of any country outside of Australia. If you access the Software from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Software.
11.10 Clauses 2, 6, 7, 8, 10 and 11 will survive termination or expiry of this EULA.
12 Definitions
The following words will mean:
ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.
Business Day means a day which is not a Saturday, Sunday or bank or public holiday in New South Wales.
Computing Environment means your computing environment including all hardware, software, information technology and telecommunications services and Systems;
Consequential Loss includes any indirect, incidental or consequential loss, loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any remote, abnormal or unforeseeable loss, loss of use and/or loss or corruption of data or any loss or damage relating to business interruption, or otherwise, suffered or incurred by a person, arising out of or in connection with this EULA (whether involving a third party or a Party to this EULA or otherwise);
Data means the information, documents and other data inputted by you, into the Software or stored by the Software or, subject to clause 7, generated by the Software as a result of your use of the Software;
Force Majeure Event means an event which is beyond a Party’s reasonable control including a fire, storm, flood, earthquake, explosion, accident, act of the public enemy, terrorist act, war, rebellion, insurrection, sabotage, epidemic, quarantine restriction, transportation embargo, and strike by employees of a third person;
Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, customer names or internet domain names. Intellectual Property includes the Software;
Laws means acts, ordinances, regulations, rules, code and by-laws of the Commonwealth or any state or territory and includes the Privacy Act 1988 (Cth), General Data Protection Regulation (EU) 2016/679 and the Spam Act 2003 (Cth);
Liability means any loss, liability, cost, payment, damages, debt or expense (including reasonable legal fees);
Party means a party to this EULA; and
System means all hardware, software, networks and other IT systems used by a Party from time to time, including a network.
Subscription is defined clause 1.2(b).
My Doorman Pty Ltd ABN: 15 635 437 133
123 Ebley Street, Bondi Junction, NSW 2117
Email: [Client Contact Email Address]
Last update: Tuesday 30 July 2019