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Privacy Policy

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1. Protecting your privacy
Last updated June 2019.

Privacy Policy

1. Protecting your privacy

Aotomot Pty Ltd (ACN 631 174 779) and its Related Entities (We, Us) are committed to protecting your privacy. This document provides you with information on how we collect, use, store and disclose your personal information.

We will adhere to the provisions of the Australian Privacy Principles (APPs) which are contained within the Privacy Act, in relation to how we collect, use, disclose and protect your Personal Information.

Where applicable, we also adhere to the requirements of the EU General Data Protection Regulation (GDPR).

This policy aims to provide you with information to understand how We collect, use, store and disclose your Personal Information in accordance with the APPs and the GDPR. This policy applies where we are a ‘data controller’ in relation to your Personal Information. That is, where we are in control of the purposes and methods of processing your Personal Information.

Our legal basis for the collection, storage, use and disclosure of your Personal Information arises from your consent to this policy, the protection of our legitimate interests, including the delivery and improvement of our Services.

2. Definitions

In this policy

  • Cookie means a small piece of data stored on your device used to access our Website.
  •  Personal Information has the meaning given under the Privacy Act.
  •  Privacy Act means the Privacy Act 1988 (Cth).
  • Related Entities has the same meaning as under the Corporations Act 2001 (Cth) and includes our franchisees.
  • Sensitive Information has the same meaning as under the Privacy Act.
  • Services means the offers and services provided by us or the companies and individuals who work with us.
  • Website means https://moversapp.wpengine.com and any of our related product websites, sub-domains or applications that we manage, these also includes other
    forms of social media where you post comments or we interact with you.

The meaning of any general language is not restricted by any accompanying example and the words ‘includes’, ‘including’, ‘such as’, ‘for example’ or similar words are not words of limitation.

3. What Personal Information do we collect and why do we need it?

To provide you with our Services or if you apply for a job with us, including by using the links on our Website, we need to collect Personal Information. If we do not collect the Personal Information or if any of the Personal Information you provide is incomplete or inaccurate, we may not be able to provide the Services or process a job application or the employment process may be compromised.

Depending on the nature of the Services we provide to you, the personal information we collect may include:

  • your name, email address, telephone numbers as well as residential and/or mailing address;
  • any information you provide if you apply for a job with us, including your qualifications;
  • date of birth;
  • Sensitive Information, for example, if you advise us of any medical conditions such as allergies;
  • credit card details; and
  • any other Personal Information relevant to the Services we provide to you.

4. How do we collect the Personal Information?

We aim to collect Personal Information directly from you. We may also collect Personal Information:

  • through our Website and by other electronic communication channels (e.g. when you send us an email or post an entry on our Facebook page);
  • from third parties;
  • from publicly available sources of information;
  • when we are required to do so by law;
  • when you log onto or connect to our Website and our server automatically records information your browser sends (e.g. your IP address, how and when you
    travel through our Website, the pages and documents accessed, information about your usage, e.g. by way of cookies and other information provided by
    downloading information from our website). However, unless your name is part of your email address or you specifically provide it, our server does not
    automatically collect this information. You can also adjust the settings on your computer to decline any cookies if you wish;
  • over the phone, if you tell us information about you;
  • from a third party engaged by you (such as a web developer);
  • if you use any of our online forums;
  • when you enter a competition or promotion with us, participate in a survey or register to receive information from us or register to receive information on any
    of our Services.
  • If at any time you supply Personal Information to us about any other person (e.g. another member of your household or you post a photo on our Website), you
    represent and we accept that information on the basis that you are authorised to do so and that the relevant person has consented to the disclosure to us.

This privacy statement only covers the collection of Personal Information by our sites only and does not cover the collection of Personal Information from other third parties you access via a hyperlink or otherwise on our sites, whether or not affiliated with us.

5. How do we use your Personal Information?

We use the Personal Information we collect for operational purposes and to:

  • provide our products and services, including filling orders and payment of invoices;
  • comply with our licensing and other legal obligations;
  • respond to medical emergencies;
  • process your inquiries and improve our Services, including to assist our staff training and development initiatives;
  • advise you of additional services or information which may be of interest to you;
  • provide your contact details to companies and individuals who have agreed to provide you with the offers described on our Website (you may opt out of receiving this information at any time);
  • to communicate with you;
  • for security purposes; and
  • develop our products and services.

Any communication with us (regardless of mode) is recorded and stored to assist with the operational purposes set-out above.

If at any time you no longer wish to receive any additional marketing material from us or do not want your information disclosed for direct marketing purposes, contact us using the details in section 10 and we will remove your details from our marketing database.

6. Disclosing personal information

We may be required to disclose your Personal Information by law, by court order or to investigate suspected fraud or other unlawful activity.

We may also disclose your Personal Information to third parties in certain circumstances including:

  • if you agree to the disclosure;
  • when we use it for the purpose for which it was collected, e.g. to provide you with Services;
  • in circumstances where you would reasonably be expected to consent to information of that kind being passed to a third party;
  • where disclosure is required or permitted by law;
  • where it is required to be disclosed for audit purposes;
  • to our Related Entities;
  • if disclosure will prevent or lessen a serious or imminent threat to someone’s life or health; or
  • where it is reasonably necessary for the enforcement of the criminal law, a law imposing a pecuniary penalty or for the protection of public revenue.

When we disclose your Personal Information to our third party service providers, we will attempt to ensure that those service providers have reasonable data security policies and practices in place.

7. Jurisdiction and Cross-Border Transfers

Due to the nature of the Services provided, your Personal Information may be stored and processed in any country where we have operations or where we engage service providers, and we may transfer your Personal Information to countries outside of your country of residence.

These countries may have different privacy and data protection rules to those of Australia and/or your country. However, we will endeavour to ensure that any such transfers comply with applicable laws and that your Personal Information remains protected.

In some circumstances, courts, law enforcement agencies, regulatory agencies or other official authorities in those countries may be entitled to access your Personal Information.

8. Considerations when you send information to us

While we do all we reasonably can to protect your Personal Information from misuse, loss, unauthorised access, modification or disclosure, including investing in security software, no data transfer over the Internet is 100% secure.

The open nature of the Internet is such that information exchanged via the Internet may be accessed and used by people other than those for whom the data is intended. If you send us any information, including (without limitation) Personal Information, it is sent at your own risk.

If you provide Personal Information to us electronically, there are steps you can take to help maintain the information’s privacy. These include:

  • always closing your browser when you have finished your session;
  • NEVER providing Personal Information by using a public computer; and
  • NEVER disclosing your user name and password to another person.

You are responsible for all actions taken using your username, email or password. If at any time you believe your username or password has been compromised, you should immediately contact us and also change your password.

You should also contact us immediately if you believe:

  • someone has gained access to your Personal Information;
  • we have breached our privacy obligations or your privacy rights in any way; or
  • you would like to discuss any issues about our Privacy Policy.

9. How your information is stored

We endeavour to keep our information systems and files secured from unauthorised access. Those who work with us, including our third party service providers are aware of the importance we place on protecting your privacy and their role in helping us to do so.

Our procedures to securely store Personal Information include electronic and physical security measures, staff training and use of password protection software.

When the Personal Information that we collect is no longer required, we will remove or de-identify the Personal Information as soon as reasonably possible. We may, however, retain Personal Information for as long as is necessary to comply with any applicable law, for the prevention of fraud, for insurance and governance purposes, in our IT back-up, for the collection of any monies owed and to resolve disputes. There may also be residual Personal Information that will remain within our databases and other records, which will not be removed.

10. How you can update, correct, or delete your Personal Information

You may request access to your Personal Information or correct any inaccurate or out of date information by clicking contacting our Privacy Officer using the details below. For security purposes, before we provide you with personal information, we will ask you to provide evidence of your identity.
You may request the source of any information we collect from a third party. We will provide this at no cost, unless under the Privacy Act or other law there is a reason for this information being withheld.

If there is a reason under the Privacy Act or other law for us not to provide you with information, we will give you a written notice of refusal setting out the reasons for the refusal except to the extent it would be unreasonable to do so and the mechanisms available to you to complain about the refusal.

11. Changes to our Privacy Policy

This document sets out our current Privacy Policy.

Our Privacy Policy will be updated from time to time. You should review our Privacy Policy each time you visit our Website or provide us with Personal Information.
If you would like further information on our Privacy Policy or if you have any concerns over the protection of the information you have given to us or that we have collected from others, please contact us by contacting our Privacy Officer at:

Post:
Level 12, 22 Market Street, Sydney NSW 2000

Email:
contactus@aotomot.com

More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Australian Information Commissioner by:

Website:
www.oaic.gov.au

Post:
GPO Box 5218 Sydney NSW 2001

Email:
enquiries@oaic.gov.au

Terms and Conditions

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Welcome to AOTOMOT, an online platform and products service of AOTOMOT PTY LTD [ACN 631 174 779] (Aotomot, We or Us). This page explains the terms which govern your use of our online and mobile services, website as well as any software provided by us, including our application programming interface (collectively, the Services). These terms apply to all visitors, users, members, clients, and contributors who access the Services. If you do not understand any of the below terms, please contact us before using the Services. You may not access or use any of the Services unless you agree to abide by all of the terms and conditions set out below or if you are below 18 years of age. 1. Our Customer
  • 1.1 If you purchase a subscription or otherwise access the Services, or allow other users to access the Services through your subscription, you are our customer.
  • 1.2. Where you are accessing, using or purchasing the Services on behalf of an entity, be it a corporation or a statutory body or otherwise (Corporate Customer), you represent that you have the requisite authority to access and use the Services.
  • 1.3. Further to clause 1.2 above, where you are accessing, using or purchasing the Services on behalf of Corporate Customer, that entity is our customer. As our customer, the Corporate Customer can exercise its rights pursuant to these terms and can modify or re-assign roles in relation to the Services. If the Corporate Customer elects to replace you as the representative with authority in relation to the Services, we will provide you with notice following such election and you agree to take any actions reasonably requested by the Corporate Customer to facilitate the transfer of authority to a new representative.
  • 1.4. You agree to and acknowledge your understanding of these terms.
2. Your Right to Use the Services
  • 2.1. We grant you a non-exclusive, limited, non-transferable licence to use the Services in accordance with the terms and conditions set out in these terms.
  • 2.2. The services are provided to you through an online platform. Individuals authorised by you to access the Services (Authorised Users) may submit content or information to the Services (Customer Data). If the Customer Data belongs to a Corporate Customer, the Corporate Customer may exclusively provide us with instructions on what to do with it.
  • 2.3. You may request we limit your Authorised Users’ access to the Services, such that each individual Authorised User is only able to access certain aspects or modules of the Services.
  • 2.4. We will not however, to the full extent permitted by law, review your and your Authorised Users’ conduct and have no obligation to do so. We are not responsible for any Customer Data or the way you and/or your Authorised Users choose to use the Services to store or process any Customer Data.
  • 2.5. You must not add any Customer Data to the Services: a. unless you hold all necessary rights, licences and consents to do so; b. that would cause you or us to breach any law, regulation, rule, code or other legal obligation; c. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; d. that would bring us, or the Services into disrepute; or e. that infringes the intellectual property or other rights of any person.
  • 2.6. You must inform all of your Authorised Users of your policies and procedures relevant to their use of the Services and of any settings that may impact the processing of Customer Data, and ensure that the transfer and processing of Customer Data under these terms is at all times lawful.
  • 2.7. You are solely responsible for providing customer service and troubleshooting services to your Authorised Users, and any other end users, in connection to any goods and services you provide, including but not limited to issues relating to your use of the Services.
  • 2.8. The Services may include the use of our application programming interface (API) in which case the grant of a licence is limited to: a. Use of the package of API materials provided by us solely as necessary to make an application owned and operated by you interoperable with the Services on your website or inside your mobile applications (Client Application);
  • 2.9. You acknowledge and agree that: a. we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services at any time in our sole discretion; and b. the Services will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes or due to third party downtime).
  • 2.10 Where we are required to perform maintenance, troubleshoot or otherwise assist you with any issues associated with the Services, you authorise and permit us to access your login to provide you with the requested technical assistance. You agree and warrant that where required, you have also obtained the authorisation and consent of your client for us to access your login to provide you with technical assistance.
3. Licence of Your Content to Us
  • 3.1. By posting, publishing, uploading or distributing any Customer Data or data, information, links or other content for use with the Services (Your Content), you grant (or warrant that the owner of such content has expressly granted) us a perpetual, worldwide, royalty-free, irrevocable and non-exclusive licence, with the right to sublicense, use, modify, reproduce, publish, adapt, display and distribute Your Content in connection with your use of the Services.
4. Intellectual Property Rights
  • 4.1. Nothing in these Terms constitutes a transfer of any intellectual property rights by us. You acknowledge and agree that, as between you and us, we own all intellectual property rights subsisting in the Services.
  • 4.2. You may choose, or we may invite you to submit comments or ideas about the Services, including without limitation, beta services and features (Ideas). You agree that your submission of any Ideas is gratuitous and unsolicited and does not create any obligation for us and that we are free to use the Ideas without any additional compensation to you and/or to disclose the Ideas on a non-confidential basis to others.
  • 4.3. Further to clause 4.2 above, you acknowledge that by accepting your Ideas, we do not waive any rights to use similar or related ideas previously known to us or developed by your employees and/or subcontractors, or obtained from sources other than you.
  • 4.4. We may make certain logos or marks (the Marks) available for use by you and others to identify Aotomot as the Services’ provider. We may limit or revoke your right to use the Marks at any time.
  • 4.5. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
  • 4.6. The licence in clause 4.5 will survive any termination of these Terms.
  • 4.7. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 4.2 and 4.3.
5. Paid Services
  • 5.1. From time to time, we may choose to offer a free trial of the Services. The free trial may provide access to limited Services only (the Trial).
  • 5.2. At the end of the Trial, if you wish to continue using the Services subject, you will be required to pay the applicable fees. If the applicable fees are not paid, we may terminate your access to the Services.
  • 5.3. Certain aspects of the Services may be provided for a fee. If you elect to use paid Services, you agree to the pricing and payment as provided in connection with the Services.
  • 5.4. Certain Services may be available for purchase through a subscription model, entitling you to access the Services for a specified period of time from the date of purchase. We also offer add-on plans for certain Services which allow you to access additional services for a specified period of time.
  • 5.5. It is essential that you pay for any Paid Services you elect to purchase. Failure to pay for any Paid Services constitutes a fundamental breach of these terms.
    any Paid Services you elect to
    purchase. Failure to pay for any
    Paid Services constitutes a
    fundamental breach of these
    terms.
  • 5.6. All information that you provide in connection with a purchase or transaction in relation to the Services must be accurate, complete and current. You agree to pay all charges incurred by you as a result of your use of the Services at the prices in effect when such charges were incurred. You will pay any applicable taxes.
6. Security of Information
  • 6.1. You acknowledge that no data transmission over the internet can be guaranteed as totally secure. Whilst we have taken precautions to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
7. Third Party Links and Libraries
  • 7.1. The Services may contain links to other websites and services, and make use of third-party libraries. We are not responsible for the content or privacy practises associated with links to third parties.
  • 7.2. Our links to third parties should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
  • 7.3 The Services may incorporate and otherwise make use of third party materials, including but not limited to open source software. To the extent the Services incorporate third party materials, you will be required to observe the third party’s licensing terms.
8. Warranties
  • 8.1. The Services are provided on an “as is” and “as available” basis. Use of the Services is at your own risk. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, including but not limited to, implied warranties of fitness for a particular purpose, merchantability and/or non-infringement.
  • 8.2. We and our subsidiaries do not warrant that: a. The content of the Services is accurate, reliable and correct and free from typographical errors; b. The Services comprise solely of new and original code; c. The Services will be available at any particular time or location; d. Any defects or errors will be corrected; e. The Services are free of viruses or other harmful content. Any content downloaded or otherwise obtained through the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Services.
9. Indemnity
  • 9.1. You agree to indemnify and hold harmless us and our subsidiaries, agents and employees from and against any and all claims, damages, losses, liabilities, costs or expenses (including but not limited to legal fees) arising out of: a. Your use of and access to the Services, including any data or content transmitted or received by you; b. Your breach of these terms; c. Your breach of any third party rights, including privacy and proprietary rights; d. Your breach of any applicable law or regulation; e. Any other party’s access and use of the Services with your unique user name, password or other details.
10. Liability
  • 10.1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
  • 10.2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
  • 10.3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option: a. the supply of the services again; or b. the payment of the cost of having the services supplied again.
11. Termination
  • 11.1. We reserve the right to discontinue any product, service or platform comprising a part of the Services due to any circumstances which render us unable to continue to provide the relevant Services, in which case we will provide you with reasonable notice prior to termination of the Services.
  • 11.2. If we terminate this licence because of a breach of these terms, we will not refund any portion of your fees paid to us.
  • 11.3. Further to clause 5.5 above, failure to pay for any Paid Services is a fundamental breach of these terms and may result in immediate termination of your access to the Services and this agreement.
12. Assignment
  • 12.1. We may assign or otherwise transfer without further liability these terms and/or Services in whole or in part at any time without notice.
  • 12.2. You may not assign or otherwise transfer your rights related to the Services without our prior written consent.
  • 12.3. For the avoidance of doubt, a sale, merger, or any other change in control of you (to the extent you are a Corporate Customer) will constitute an assignment requiring our consent.
13. Privacy
  • 13.1. We care about your privacy. By accessing or using the Services provided by AOTOMOT.com, you agree to be bound by these terms and to the collection and use of your information as set out in our privacy policy [Link "privacy policy" to https://aotomot.com/privacy-policy/], whether or not you are a registered user of the Services.
  • 13.2. During the term of the Services, we may publicly identify you as a user of the Services and you may identify us publicly as the provider of the Services. If you do not want us to identify you, please contact us.
14. General
  • 14.1. We reserve the right to update or amend these terms at any time. You will be required to accept any updated or amended terms in order to continue using the Services.
  • 14.2. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
  • 14.3. If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
  • 14.4. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
  • 14.5. This Agreement is governed by the laws of New South Wales, Australia, and each party submits to the jurisdiction of the courts of New South Wales.