GreenX7 - Privacy Policy

Privacy Policy - GreenX7

In this document, unless the contrary intention appears:

Agents

includes all Our directors, officers, members, investors, managers, employees and agents.

Business Day

means any day that banks are open for general banking in the capital city of the Governing Jurisdiction.

Confidential Information

means:

(a) all information of or used by the party, relating to their transactions, operations and affairs;

(b) all other information treated by the party as confidential, including Confidential Information and information regarding the production of Intellectual Property;

(c) all notes, data, reports and other records (whether or not in tangible form) based on, incorporating or derived from information referred to in paragraph (a) or (b); and

(d) all copies (whether or not in tangible form) of the information, notes, reports and records referred to in paragraphs (a), (b) or (c),

that is not Public Knowledge (otherwise than as a result of a breach of a confidentiality obligation of a party).

Equipment

means the equipment which is used to access the Products including but not limited to computers, smart phones and tablets.

Governmental Agency

means any government or any governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity.

Governing Jurisdiction

means New South Wales, Australia.

Indemnify

means indemnify from and against all loss, costs, damages and expenses incurred by the party being indemnified or for which the party being indemnified may be or become liable, as a direct or indirect result of the matter for which the indemnity is given, including:

(a) all loss, costs, damages and expenses resulting from the enforcement or attempted enforcement, preservation or attempted preservation of the rights of the party being indemnified; and

(b) legal costs and expenses on a full indemnity basis.

Intellectual Property

means any intellectual industrial or commercial property, including:

(a) any patent, trade mark, service mark or design;

(b) any copyright;

(d) any business, trade or commercial name or designation, brand name, logo, symbol, source indication or origin appellation;

(e) any Confidential Information;

(f) any other industrial, commercial, agricultural or extractive right derived from intellectual knowledge or activity of any industrial, scientific, literary or artistic nature or description, whether relating to any manufactured or natural product or otherwise;

(g) any legal action relating to any previous item;

(h) any licence or other right to use or grant the user, or to become the registered proprietor or user of, any previous item; and

(i) any agreement of title, letters patent, deed of grant or other agreement or agreement relating to any previous item,

(j) whether registered or unregistered or recorded or unrecorded, stored or incorporated in any medium of any nature or description.

LPR

has the same meaning as ‘legal personal representative’ in Tax Law.

Member

means a registered user of the Products.

Personal Information

includes the meaning given to that term under Privacy Law.

Policy

means this document as amended from time to time.

Power

means any right, authority, discretion or remedy conferred on a person by this document or any applicable law.

Privacy Law

means the Privacy Act 1988 (Cth).

Products

means the content, products or services [as updated from time-to-time at Our sole discretion] and made available by Us through various delivery methods.

Public Knowledge

means any information which is in the public domain prior to the date of this document.

Tax Law

means as relevant, the Income Tax Assessment Act 1936 (Cth) and the Income Tax Assessment Act 1997 (Cth).

Us, We, Our, GreenX7

means GreenX7 Pty Ltd ACN 617 009 355, a proprietary company established in Australia, and includes successors and assigns.

You

means the user of the Products.

1 BEFORE PROCEEDING

1.1 Read the terms

(a) You must carefully read the terms of this Policy before ordering any Products [through any medium including but not limited to, our website, an app or app Store [including third party providers of the Products].

(b) By ordering or otherwise using the Products, You accept and agree to the terms of this Policy.

1.2 Contact

(a) If You have any questions or concerns about the Policy or the privacy of Your Personal Information, please contact us on the below contact details:

GreenX7 - PO BOX 1257 Kingscliff, NSW, Australia 2487 - info@greenx7.com

1.3 Minors

(a) If you are not 18 years of age [or the age of majority in Your country of residence], You must have the consent and supervision of a parent or legal guardian to use the Products.

2 COLLECTION OF INFORMATION

2.1 Personal Information

(a) We may collect and process Personal Information about You. While ‘Personal Information’ is a broad term, it can include, for example Your name, e-mail address, phone, information about Your usage of the Products and information collected by tracking technologies that may:

identify You as an individual; and
allow online or offline contact with You as an individual.

(b) Where You choose to link the Products with a social media account, ‘Personal Information’ may also include profile information from that social media platform.

(c) Personal Information also includes information about Your Equipment, such as type, operating system and information relating to system performance.

(d) Where You use the Products in the context of a community sharing arrangement, business information such as Your company name, and company email address to the extent that You provide such information may also be ‘Personal Information’. Please see more information below regarding community sharing.

2.2 Confidentiality and Security

(a) We follow accepted standards to protect Your Personal Information provided to us.

(b) Except as set out in this Policy, we do not provide Your Personal Information to any third party without Your specific consent.

2.3 Electronic communications

(a) Where You agree to receive marketing and promotional materials, including but not limited to special offers, surveys and Product based communication emails, we will use information given to us to provide You with the communications You have requested.

(b) To unsubscribe from such materials, You will need to follow the instructions provided by us [that will generally be set out in the marketing and promotional materials].

2.4 Tracking and analytics

(a) We use generally accepted technologies [for example, cookies, beacons, tags, scripts, HTML 5 and other analytic tools] to avoid You having to provide the same information frequently and to measure how people are using the Products. For example:

to recognise previously provided passwords or other Personal Information; and
to store content information and preferences;
to better understand the functionality of our Products on Your Equipment. The information gathered for this purpose includes but is not limited to how often You engage with the Products, the events that occur within the Products, aggregated usage and performance data, and where the Applications were downloaded from.

(b) Our Agents or third party partners may use similar accepted technologies to gather information about Your activities within the Products.

(c) Where required under law, we will acquire consent from You in order to use such technologies for advertising purposes.

(d) Please note that our Products do not currently implement or respond to do-not-track signals.

2.5 Storage

(a) Secure servers located in the Governing Jurisdiction or another jurisdiction of similar technology and security levels will store Your Personal Information.

(b) To become a Member, You must provide us with Your email address and create a password through the Products.

the accuracy of Your Personal Information [and will will continue to keep it up to date;
the confidentiality and security of Your Membership details and for restricting access to Your Equipment.

(d) While we cannot guarantee the security of Your Personal Information, we will use accepted procedures and security features to try to prevent unauthorised access.

(e) Any transfer or transmission of Your Personal Information is at Your own risk.

2.6 Sharing your information with other users and third parties

(a) The Products may contain functionality to share how you use the Products with other users or third parties. Sharing of this kind may involve a disclosure of your Personal Information.

(b) If you invite another user [including by email address or similar] to connect with you through the Products [for example, using the Care & Share function], or you decide to join a group or similar [including by scanning a QR code, hyperlink or other credential] through the Products, you acknowledge and agree that in doing so you may be sharing Personal Information with other users or third parties.

(c) The Personal Information you share with other users or third parties using this functionality will include general usage information, generated on an anonymized and aggregated basis. The extent of anonymity or aggregation depends upon the number of users you connect with, or the number of users in the group (including where applicable, any sub-classifications within groups).

(d) Unless you specifically agree to do so, no other users or third parties will have access to your Personal Information on an individual (non-aggregated) basis.

2.7 Third Party sign-in

(a) Where You log into our Products using third party sign-in services, these services will:

authenticate Your identity;
provide You the option to share Your Personal Information with us; and
pre-populate our sign-up form.

2.8 Access and deletion

(a) You can request confirmation from us regarding what [if any] Personal Information we hold [either directly or through a third party or Agent]. Please contact us to request this information.

(b) You can request us to delete any of Your Personal Information we hold. Any Deletion is permanent and irrevocable so that it cannot be used to identify You individually.

3 USE OF INFORMATION

3.1 Use by us

(a) We may use information held about You [including Personal Information] in one or more of the following ways:

to communicate with You and improve systems in relation to customer services;
to enable us to maintain and follow through with obligations arising from any agreements entered into between You and us;
to notify You about changes, interruptions or cancellation to the Products;
to present the Products in the most effective manner for You and for Your Equipment;
to provide You with content and services that You will facilitate Your engagement with the Products;
where You have opted in, to participate in interactive features of the Products;
where applicable, to inform Your community [as set out in this document under ‘community sharing’] about Your registration and use of the Product;
to assist us with understanding Your broad demographics [including location] to help us identify groups of users;
to record Your interaction[s] with the Products [for example, traffic data, location data, weblogs and other communication data];
with Your consent, to provide You with promotional communications, including through third party platforms.

(b) We may also:

provide to third parties aggregate information about our users [but not in a way that identifies You individually];
contact You with information about products and services similar to those which were the subject of a previous sale to You;
ask You to complete surveys for research purposes [which You are not obliged to complete].

3.2 Disclosing Your Personal Information

(a) Your personal information may be disclosed to us or our Agent [including our successors and assigns including for example, a change in ownership].

(b) Other than those identified above, we may also disclose Your Personal Information to third parties in the following circumstances:

where You make a request from us that requires the service of a third party, we may be required to disclose Your Personal Information to that third party;
to a third party that operates a group [see heading 2.6] or that offers or provides goods or services to the Products, for the purpose of enhancing our Your experience [for example, by tracking your usage information, offering You integrated or complementary functionality and services];
our service providers require this information to provide services to us. In such circumstances, we requires each of our service providers to agree to maintain the confidentiality and security of Your Personal Information;
where we are requried to comply with any legal obligation;
to enforce or apply our agreements with You;
to protect our Intellectual Property or that of our Agents or service providers.

3.3 Withdrawing consent

(a) Your consent to the storage and processing activities associated with Your Personal Information, can be withdrawn at any time in accordance with applicable law, by contacting us.

4 THIRD PARTIES

4.1 Links

(a) Any access to other websites or services that we provide links to is at Your sole discretion and for Your information only.

(b) Our provision of links to other websites or services is not an endorsement of any of those websites or services. Such websites or services may have privacy policies different from the Policy and it is Your responsibility to review these policies before providing any Personal Information.

(c) We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

4.2 Social Media

(a) Our Products may include social media features. Such features:

may collect information such as Your Internet protocol address, which page You are visiting on or Products, and may use tracking technologies; and
are governed by their own privacy policies [which is Your responsbility to review].

4.3 Apple

(a) You may opt-in to allow the Products (to the extent the Products support) to provide data regarding Your activities to the Apple iOS “Health” application. This data will be governed in accordance with Apple’s privacy policy.

5 GENERAL

5.1 Interpretation

(a) In this document, if any provision of this document is ambiguous, it is to be interpreted broadly to widen and not restrict the provisions, and, unless the context otherwise requires:

headings and boldings are for convenience only and do not affect the interpretation of this document;
words importing the singular include the plural and vice versa;
words importing a gender include any gender and neutral gender;
other parts of speech and grammatical forms of a word or phrase defined in this document have a corresponding meaning;
an expression importing a natural person includes any company or form of corporation, trust or trustee, partnership, joint venture, association, unincorporated body, Governmental Agency or any other entity, regardless of whether it is considered a separate legal entity;
a reference to ‘month’ means a calendar month;
any reference to ‘dollars’ or ‘$’ refers to the lawful currency of the Commonwealth of Australia;
a reference to any thing (including, but not limited to, any right) includes a part of that thing but nothing in this clause implies that performance of part of an obligation constitutes performance of the obligation;
a reference to a clause, party, annexure, exhibit or schedule is a reference to a clause of, and a party, annexure, exhibit and schedule to, this document and a reference to this document includes a reference to the background and any annexure, exhibit and schedule;
a reference to a statute, regulation, proclamation, ordinance, law or by law includes all statutes, regulations, proclamations, ordinances or by laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by laws issued under that statute;
a reference to a document includes all amendments, variations or supplements to, replacements or novations of, that document;
a reference to a party to a document includes that party’s successors, LPR and permitted assigns;
a reference to an agreement other than this document includes any encumbrance, guarantee, undertaking, deed, agreement or legally enforceable arrangement or understanding whether or not in writing;
a reference to an asset includes all property of any nature, as well as a business, and all rights, revenues and benefits;
a reference to a document includes an agreement in writing, or any certificate, notice, instrument or other document of any kind; and
a reference to writing includes typing, copying, printing, facsimile, and any other manner of representing words, symbols, drawings, figures or diagrams in electronically or in a manner that is visible and tangible.

5.2 Notice

(a) A notice or other communication is deemed to be received:

for personal delivery, on the date of delivery;
for transmission by email if it can be proven that the transmission was completed before 5.00pm on a Business Day, then the date of the transmission, and alternatively, on the next Business Day. For clarity, service by email is only effective if and when required, it can be proven that it was sent in full and without error and the message was not rejected or undeliverable as evidenced by a message to that effect received by the sender;
for posted letters, on the second Business Day after posting where sent by Australia Post’s ‘express post’ service and if not, then 5 Business Days after posting;
for overnight courier, on the next Business Day after dispatch with that courier; or
in the case of facsimile transmission, at the time recorded on the transmission report from the machine from which the facsimile was sent.

5.3 Governing law and jurisdiction

(a) This document is governed by the laws of the Governing Jurisdiction.

5.4 Variation

(a) We reserve the right to vary or otherwise change the terms of this Policy at any time.

(b) Where we vary or otherwise change anything in accordance with this Policy, we will provide You with the updated information. You acknowledge we may do this by posting the updated Policy on our website, an app, an app store or any other publicly accessible location, and we are not required to specifically notify you.

(c) By continuing to use the Products after any variations or changes, You acknowledge the Policy, as updated applies to You and Your Personal Information.