Avie
SSLE PTY LTD
ABN 66 610 346 391
TERMS OF SERVICE
INTRODUCTION
The Company provides the “Avie” booking management digital platform. Use of Avie is subject to these Terms of Service.
DEFINITIONS
The following terms are used regularly throughout these Terms of Service and have a particular meaning:
(a) ABN means Australia Business Number.
(b) Account means a registered account within Avie and includes both Business and Customer accounts.
(c) Avie means the “Avie” booking platform accessible from the Site and/or Mobile Application Marketplace.
(d) Authorised User means any registered user of Avie authorised to access an Account.
(e) Booking means a Customer’s booking for Services completed via Avie.
(f) Booking Notification means a message sent to the User’s contact details as provided within an Account notifying them with respect to updates on a Booking, including a new, rescheduled or cancelled Booking.
(g) Business means a registered user of Avie that creates a Business Profile to allow for Bookings.
(h) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
(i) Business Profile means a Business’ work profile used to advertise the Services, as updated from time-to-time.
(j) Calendar means the calendar schedule within a Business Profile showing availability for Bookings.
(k) Company means SSLE Pty Ltd ABN 66 610 346 391
(l) Confidential Information means any written or verbal information that:
i Any information deemed as confidential under these Terms of Service;
ii A party informs the other party that it considers it confidential and/or proprietary;
iii A party would reasonably consider to be confidential in the circumstances; and
iv Is personal information within the meaning of the Privacy Act and GDPR.
but does not include information that a party can establish:
v Was in the public domain at the time it was given to that party;
vi Became part of the public domain, without that party’s involvement in any way, after being given to the party;
vii Was in party’s possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
viii Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
(m) Corporations Act means the Corporations Act 2001 (Cth).
(n) Customer means a registered user of Avie that creates a Customer Profile.
(o) Customer Profile means a Customer’s personal profile used to make Bookings, as updated from time-to-time.
(p) Dashboard means the dashboard within a Business Profile or Customer Profile (as the case may be) showing a summary of relevant information for any Bookings.
(q) Fee means a fee charged by the Company to the Business with respect to Bookings, as advertised on the Site and/or within Avie from time-to-time and in default shall be 5% of the total Payment for a Booking
(r) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(s) Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
(t) Mobile Application Marketplace means an online marketplace for access to Avie and other applications for mobile devices, such as the App Store and Google Play.
(u) Payment means a payment of fees to a Business by the Customer as remuneration for Services in accordance with agreed Rates.
(v) Payment Platform means a third-party service provider engaged by the Company to manage Payments.
(w) Personal Information has the same meaning as in the Privacy Act.
(x) Privacy Act means the Privacy Act 1988 (Cth).
(y) Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at the Site.
(z) Rate means a Business’ rates for Services as advertised in the Business Profile and/or Calendar.
(aa) Services means the services provided by the Business and available for Bookings.
(bb) Site means https://www.avieapp.com/ and any other URL where the Company makes Avie available from time-to-time.
(cc) Terms of Service means the terms and conditions of using Avie, as updated from time-to-time, which can be found at the Site.
(dd) User means any Business, Customer or Authorised User.
(ee) User Content means images, information, documents or other data that is uploaded or input into Avie by the User or that forms part of the User’s Intellectual Property.
1 AGREEMENT
1.1 These Terms of Service govern the use of Avie by any User and limits the liability of the Company to any User. These Terms of Service have specific terms of use (in addition to the General Conditions) that apply to:
(a) Customers (Clause 3 ); and
(b) Businesses (Clause 4 ).
1.2 In addition to any other express or implied consents, by using Avie the User accepts and agrees to the terms of:
(a) These Terms of Service; and
(b) The Privacy Policy.
1.3 The licence granted under these Terms of Service shall be ongoing until terminated in accordance with these Terms of Service.
1.4 The User agrees that it is responsible for the conduct of any Authorised User of its Account, who each must enter into and comply with these Terms of Service.
1.5 Avie is a platform connecting Businesses and Customers for the purposes of providing professional services and the User acknowledges that it is independent to the Company and will not hold itself out as an employee, contractor or agent of the Company.
2 USING AVIE
2.1 General
(a) To access Avie, the User must have set up their Account (either as a Business or Customer, as the case may be).
(b) The User must ensure that all information entered into Avie is complete, accurate and up-to-date at all times. Users can update their information at any time within their Account.
(c) The Company may permit or deny the User an Account in its absolute discretion (although the User may generally obtain an Account by completing registration and accepting these Terms of Service).
(d) The User agrees that all use of Avie is subject to these Terms of Service and must immediately cease to use Avie if the User can no longer agree or adhere to these Terms of Service.
(e) The Company may suspend an Account or restrict the access of any User that breaches these Terms of Service.
2.2 Features
(a) Avie allows a Customer to:
i View the Dashboard;
ii Create and manage a Customer Profile;
iii Browse and search Business Profiles;
iv Make and manage Bookings;
v Make Payments;
vi Receive communications; and
vii Such other features as the Company may make available from time-to-time.
(b) Avie allows a Business to:
i View the Dashboard;
ii Create and manage a Business Profile;
iii Set up and sync Calendars;
iv View Customer Profiles;
v Manage Bookings;
vi Accept Payments;
vii Permit Authorised Users;
viii Receive communications; and
ix Such other features as the Company may make available from time-to-time.
2.3 Conduct. The User acknowledges and agrees that:
(a) The Company accepts no responsibility for the conduct of any User;
(b) The Company accepts no responsibility for any interaction between Users as a result of using Avie, and in particular with respect to provision of the Services;
(c) The Company makes no warranty or representation as to the accuracy of any information provided by any User; and
(d) The Company makes no warranty as to the character or credentials of any User.
2.4 Lodging a Complaint
(a) The User may lodge a complaint to the Company with respect to another User’s conduct via email at support@avieapp.com, and in particular where the Services of a Business are misleading, false and/or of poor quality.
(b) The Company may suspend or delete the Account of any User that the Company, upon review, determines is in breach of these Terms of Service.
(c) The Company will advise the User of a suspended or deleted Account of the decision to do so but is under no obligation to identify a complainant.
(d) The Company’s decision whether or not to suspend or remove a User account is at its absolute discretion. The Company’s decision shall be final and not subject to review.
3 CUSTOMER TERMS
3.1 The Customer agrees and accepts that:
(a) The Customer must ensure that all information in their Customer Profile is true, accurate and complete, including all contact information;
(b) The Company does not vet or assess any Business and the Customer is solely responsible for determining the appropriateness of any Business prior to making a Booking and/or engaging a Business for Services, and must exercise their own due diligence before relying on a Business Profile;
(c) The Company makes no representation or guarantee that a Business Profile and other information made available to the Customer via Avie are complete, accurate and up-to-date;
(d) The Company accepts no responsibility or obligation with the respect to the Services provided of any Business;
(e) The Company may send the Customer notifications and alerts in relation to their use of Avie;
(f) The Business may contact the Customer by the contact details provided in relation to any Bookings; and
(g) Where the Company has reasonable grounds to believe that the Customer is in breach of these Terms of Service (for example, by including false and inaccurate information in their Customer Profile), the Company may in its complete discretion deactivate their Customer Profile until such time as the issue is appropriately resolved.
4 BUSINESS TERMS
4.1 The Business agrees and accepts that:
(a) The Business must ensure that all information in their Business Profile are true, accurate and complete, including the organisation’s details, Services and Rates;
(b) By creating a Business Profile, the User warrants to the Company that they are authorised by the relevant business to do so and, where requested, may be required to provide the Company with evidence to verify whether they are so authorised;
(c) The Business is solely responsible for ensuring that it has all necessary qualifications, accreditations, licences or other credentials necessary to provide the advertised Services;
(d) The Business must ensure that their Calendar is up-to-date and accurate with respect to availability and duration of Services;
(e) Where applicable, the Business is solely responsible for any additional conditions they set for Bookings (such as cancellation policy);
(f) The Company makes no representation or guarantee that the Business will be successful in obtaining Bookings via Avie;
(g) The Company makes no representation or guarantee that Customer Profiles and other information made available to the Business via Avie are complete, accurate and up-to-date;
(h) The Company may refuse to grant access to a User to create a Business Profile, or remove a Business Account if:
i The Company determines that the Business is not appropriately qualified to offer Bookings; or
ii The Company determines that the quality of Services offered by the Business are of low quality and/or not fit for purpose.
5 INVOICES, FEES, PAYMENTS & REFUNDS
5.1 Payments and Fees
(a) The Customer must make Payment in order to confirm a Booking.
(b) All Payments are managed by the Payment Platform. The Company is not responsible for the receipt or distribution of Payments.
(c) Payments must be made directly to, and in the manner specified within, the Payment Platform. All Payments will be held in the Payment Platform’s trust account until the relevant Services are provided to the Customer.
(d) Once both Payment is completed by the Customer and the Services provided by the Business with respect to a Booking, the Payment Platform will release Payment to the Business.
(e) The Business acknowledges and accepts that the Company will take a Fee from the Payment as consideration for facilitating the transaction via Avie, which shall be deducted from the Payment at the time funds are released by the Payment Platform in accordance with (d) above.
5.2 Invoices
(a) Where a Payment includes GST, the Company will provide:
i The Customer with a Tax Invoice for Payments; and
ii The Business with a recipient created Tax Invoice for Fees.
5.3 Currency
All Fees are payable in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars).
For Users in Australia, GST is applicable to any Fees charged by the Company and Payments charged by the Business. Unless expressed otherwise, all Fees and Payments shall be deemed inclusive of GST.
5.5 Refunds
(a) If a Customer believes it is entitled to a refund for a Booking, the Customer acknowledges that it must seek such a refund directly from the relevant Business.
(b) Despite a Business’ cancellation and/or refund policy (if any), the Company may at its absolute discretion provide a refund or credit of some or all of the Payment for a Booking where, by no fault of the Customer, the Booking does not take place.
(c) Notwithstanding (b) above, no other refunds are provided except where required under law.
5.6 Variations
(a) The Company reserves the right to introduce or change any Fees from time-to-time by giving the User written notice. Any new or changed Fees will apply at the next transaction after the User has been given such notice.
(b) If a User does not accept a change to any Fees, then it can simply terminate its Account and stop using Avie.
6 USER CONTENT
6.1 The User acknowledges and agrees that:
(a) Avie may enable the User to create User Content, but that by doing so the User shall not acquire an interest to any Intellectual Property owned by the Company which may exist in Avie;
(b) User Content is the sole responsibility of the individual that provided the User Content to Avie;
(c) The User indemnifies the Company for any User Content that is illegal, offensive, indecent or objectionable that the User makes available using Avie;
(d) The Company may suspend accessibility to User Content via Avie that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion;
(e) To the extent permitted by law, under no circumstances will the Company be liable in any way for User Content;
(f) The User warrants that it has all necessary Intellectual Property Rights to use User Content and shall indemnify the Company for any infringement the User commits of third-party Intellectual Property Rights by using User Content on Avie; and
(g) In order to provide the services afforded by Avie, where the User Content includes the User’s brand, logo or other intellectual property, it grants the Company a worldwide, revocable license to use the User Content within Avie for the duration of these Terms of Service.
7 PERSONAL INFORMATION
7.1 The User acknowledges and accepts:
(a) The Company collects Personal Information of Users as part of creating a Customer Profile and/or Business Profile (as the case may be);
(b) A Customer Profile and/or Business Profile, including any Personal Information therein, will be accessible by Users when using Avie, and the User may use such information to contact the User directly with respect to Services and/or Bookings;
(c) Any Personal Information of a User that is accessible via Avie shall be for the sole purpose of making a Booking and/or using the Services and must not be used to harass, abuse, threaten and/or offend a User;
(d) Under no circumstances will the Company be responsible to the User for another User’s use of Personal Information; and
(e) All information input into Avie by a User is provided with that User’s consent.
8 GENERAL CONDITIONS
8.1 Licence
(a) By accepting the terms and conditions of these Terms of Service, the User is granted a limited, non-exclusive and revocable licence to access and use Avie for the duration of these Terms of Service, in accordance with these Terms of Service.
(b) The Company may issue the licence to the User on the further terms or limitations as it sees fit.
(c) The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of these Terms of Service by the User.
8.2 Modification of Terms
(a) The terms of these Terms of Service may be updated by the Company from time-to-time.
(b) Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using Avie.
8.3 Software-as-a-Service
(a) The User agrees and accepts that Avie is:
i Hosted on servers managed by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
ii Managed and supported exclusively by the Company from the servers managed by the Company and that no ‘back-end’ access to Avie is available to the User unless expressly agreed in writing.
(b) As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter Avie.
8.4 Support
(a) The Company provides online support for the User within Avie.
(b) The User should notify the Company of any difficulties or problems they may experience with Avie as soon as practicable.
(c) The Company shall endeavour to respond to all support requests within 2 Business Days.
8.5 Use & Availability
(a) The User agrees that it shall only use Avie for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
(b) The User is solely responsible for the security of its username and password for access to Avie. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Avie account.
(c) The User agrees that the Company shall provide access to Avie to the best of its abilities, however:
i Access to Avie may be prevented by issues outside of its control; and
ii It accepts no responsibility for ongoing access to Avie.
8.6 Privacy
(a) The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for Personal Information that it collects about the User.
(b) The Privacy Policy does not apply to how the User handles Personal Information. If necessary under the Privacy Act, it is the User’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
(c) Avie may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.
8.7 Data
(a) Security. The Company takes the security of Avie and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
(b) Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
(c) Storage. The Company stores data on servers based in Australia, operated by Amazon Web Services according to accepted industry standards.
(d) Backup. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.
8.8 Intellectual Property
(a) Trade marks. The Company has moral and registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
(b) Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Avie.
(c) Avie Platform. The User agrees and accepts that Avie is the Intellectual Property of the Company and the User further warrants that by using Avie the User will not:
i Copy Avie or the services that it provides for the User’s own commercial purposes; and
ii Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Avie or any documentation associated with it.
(d) Content. All content (excluding User Content) submitted to the Company, whether via Avie or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Avie.
8.9 Third Party Dependencies
The User agrees and acknowledges that Avie has third party dependencies which may affect its availability, including (without limitation) internet service providers and hosting services, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.
8.10 Confidentiality
(a) The Company agrees to keep all User Content in the strictest confidence, and to the extent User Content is accessed and/or received by the Company it shall be deemed as Confidential Information for the purposes of these Terms of Service.
(b) Each party acknowledges and agrees that:
i The Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);
ii It owes an obligation of confidence to the Discloser concerning the Confidential Information;
iii It must not disclose the Confidential Information to a third party except as permitted in these Terms of Service;
iv All Intellectual Property rights remain vested in the Discloser, but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party; and
v Any breach or threatened breach by the receiving party of an obligation under these Terms of Service may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently, the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.
(c) A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:
i Any actual, suspected, likely or threatened breach by it of any obligations it has in relation to the Confidential Information.
ii Any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or
iii Any actual, suspected, likely or threatened theft, loss, damage, or unauthorized access, use or disclosure of or to any Confidential Information.
(d) The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:
i Any actual, suspected, likely or threatened breach of a term of these Terms of Service; or
ii Any theft, loss, damage or unauthorized access, use or disclosure of or to any Confidential Information that is or was in its possession or control.
8.11 Liability & Indemnity
(a) The User agrees that it uses Avie at its own risk.
(b) The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
(c) The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with Avie, including any breach by the User of these Terms of Service.
(d) In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Avie, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.
(e) Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
i The re-supply of services or payment of the cost of re-supply of services; or
ii The replacement or repair of goods or payment of the cost of replacement or repair.
8.12 No Warranty
(a) The Company makes no warranty or representation as to:
i The reputation or credentials of any Business, or any person within a Business; or
ii The quality, safety or fitness for purpose of the Services provided subject to a Booking.
(b) The Company takes no responsibility for any harm or loss suffered by a User as a result of (without limitation):
i Anything that transpires during a Booking;
ii Failure for a Booking to occur;
iii Loss or damage caused by a Customer at a Booking;
iv Loss or damage to property, or harm to the person of a Customer caused by a Business.
(c) If a Customer suffers loss or harm as a result of Services booked from a Business via Avie, the Customer agrees that the Customer shall have no recourse against the Company.
8.13 Termination
(a) Either party may terminate this Agreement by giving the other party written notice, which will be deemed to be given when the User’s Account is cancelled.
(b) Termination of these Terms of Service is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of these Terms of Service up to the date of expiry or termination.
8.14 Dispute Resolution
(a) If any dispute arises between the parties in connection with these Terms of Service (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
i Includes or is accompanied by full and detailed particulars of the Dispute; and
ii Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
(b) Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
(c) Subject to clause (d) , a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
(d) Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
(e) Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
8.15 Electronic Communication, Amendment & Assignment
(a) The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
(b) The User can direct notices, enquiries, complaints and so forth to the Company as set out in these Terms of Service. The Company will notify the User of a change of details from time-to-time.
(c) The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
(d) A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
(e) Notices must be sent to the parties’ most recent known contact details.
(f) The User may not assign or otherwise create an interest in these Terms of Service.
(g) The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the User.
(a) Special Conditions. The parties may agree to any Special Conditions to these Terms of Service in writing.
(b) Prevalence. To the extent these Terms of Service is in conflict with, or inconsistent with any Special Conditions made under these Terms of Service, the terms of those Special Conditions shall prevail.
(c) Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.
(d) Relationship. The relationship of the parties to these Terms of Service does not form a joint venture, agency or partnership.
(e) Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
(f) Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it.
(g) Governing Law. These Terms of Service is governed by the laws of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
(h) Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.
(i) Interpretation. The following rules apply unless the context requires otherwise:
i Headings are only for convenience and do not affect interpretation.
ii The singular includes the plural and the opposite also applies.
iii If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
iv A reference to a clause refers to clauses in these Terms of Service.
v A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.
vi Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
vii A reference to a party to these Terms of Service or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
viii A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
ix A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
END TERMS OF SERVICE
PRIVACY POLICY
1 PURPOSE OF OUR POLICY
1.1 SSLE Pty Ltd ABN 66 610 346 391 (we, us or our) has adopted this Privacy Policy to ensure that we have standards in place to protect the Personal Information that we collect about individuals that is necessary and incidental to:
(a) Providing the system and services that we offer; and
(b) The normal day-to-day operations of our business.
1.2 This Privacy Policy follows the standards of both:
(a) The Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy Act); and
(b) The regulations and principles set by the European Union’s General Data Protection Regulation (GDPR) for the handling of Personal Data.
1.3 By publishing this Privacy Policy, we aim to make it easy for our customers and the public to understand what Personal Information we collect and store, why we do so, how we receive, obtain, store and/or use that information, and the rights of control an individual has with respect to their Personal Information in our possession.
2 WHO AND WHAT THIS POLICY APPLIES TO
2.1 Our Privacy Policy deals with how we handle “personal information” and “personal data” as it is defined in the Privacy Act and the GDPR respectively (Personal Information).
2.2 We handle Personal Information in our own right and also for and on behalf of our customers and users.
2.3 Our Privacy Policy does not apply to information we collect about businesses or companies, however it does apply to information about the people in those businesses or companies which we store.
2.4 The Privacy Policy applies to all forms of information, physical and digital, whether collected or stored electronically or in hardcopy.
2.5 If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person’s consent to provide such information for the purpose specified.
2.6 We consider the protection of privacy of children very important. We do not knowingly collect personal data from children under the age of 16 without obtaining parental consent. If an individual is under 16 years of age, then they should not use or access the service at any time or in any manner. If we learn that Personal Information has been collected on the service from persons under 16 years of age and without verifiable parental consent, then we will take the appropriate steps to delete such information.
3 THE INFORMATION WE COLLECT
3.1 In the course of business, it is necessary for us to collect Personal Information. This information allows us to identify who an individual is for the purposes of our business, share Personal Information when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:
(a) Personal Information. We may collect personal details such as an individual’s name, location, date of birth, nationality, family details and other information defined as “Personal Information” in the Privacy Act that allows us to identify who the individual is;
(b) Contact Information. We may collect information such as an individual’s email address, telephone & fax number, third-party usernames, residential, business and postal address and other information that allows us to contact the individual;
(c) Financial Information. We may collect financial information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services;
(d) Technical Information. We may collect the IP Addresses of users accessing our systems, the actions of users on our website and other digital information created by an individual’s use of our online systems.
(e) Statistical Information. We may collect information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes; and
(f) Information an individual sends us. We may collect any personal correspondence that an individual sends us, or that is sent to us by others about the individual’s activities.
3.2 We may collect other Personal Information about an individual, which we will maintain in accordance with this Privacy Policy.
3.3 We may also collect non-Personal Information about an individual such as information regarding their computer, network and browser. Where non-Personal Information is collected the Australian Privacy Principles and the GDPR do not apply.
4 HOW INFORMATION IS COLLECTED
4.1 Most information will be collected in association with an individual’s use of our digital booking management platform (Avie), an enquiry about Avie or generally dealing with us. However, we may also receive Personal Information from sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners. In particular, information is likely to be collected as follows:
(a) Registrations. When an individual registers for a service, connection or other process whereby they enter Personal Information details in order to receive or access something, including account setup;
(b) Supply. When an individual supplies us with goods or services;
(c) Contact. When an individual contacts us in any way;
(d) Access. When an individual accesses us physically we may require them to provide us with details for us to permit them such access. When an individual accesses us through the internet we may collect information using cookies (if relevant – an individual can adjust their browser’s setting to accept or reject cookies) or analytical services; and/or
(e) Pixel Tags. Pixel tags enable us to send email messages in a format customers can read and they tell us whether mail has been opened.
4.2 As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected.
4.3 Where we obtain Personal Information without an individual’s knowledge (such as by accidental acquisition from a client), we will either delete/destroy the information, or inform the individual that we hold such information, in accordance with the Australian Privacy Principles and the GDPR.
5 WHEN PERSONAL INFORMATION IS USED & DISCLOSED
5.1 In general, the primary principle is that we will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.
5.2 We will only process Personal Information when we can identify a lawful basis to do so. It is always our responsibility to ensure that we can demonstrate which lawful basis applies to the particular processing purpose.
5.3 The most common lawful bases relied upon are:
(a) Consent: we will only rely upon express, clear and informed consent. Any consent provided may specify and/or restrict the purpose, and can be withdrawn at any time without penalty. We will keep a record of when and how we got consent from an individual.
(b) Legitimate interests: we will only rely upon an identifiable legitimate interest where we can demonstrate that the processing of Personal Information is necessary to achieve it by balancing it against the individual’s interests, rights and freedoms. We will keep a record of our legitimate interests assessments.
5.4 We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
5.5 If it is necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Australian Privacy Principles and the GDPR in the course of our business, we will inform you that we intend to do so, or have done so, as soon as practical.
5.6 We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances, unless the prior written consent of the individual is obtained.
5.7 Information is used to enable us to operate our business, especially as it relates to an individual. This may include:
(a) The provision of goods and services between an individual and us;
(b) Verifying an individual’s identity;
(c) Communicating with an individual about:
i Their relationship with us;
ii Our goods and services;
iii Our own marketing and promotions to customers and prospects;
iv Competitions, surveys and questionnaires;
(d) Investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or
(e) As required or permitted by any law (including the Privacy Act).
5.8 The individual shall have the right to object at any time to the processing of their Personal Information for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing. If we receive such a request, we will stop the processing of Personal Information for direct marketing purposes immediately without charge or penalty.
5.9 There are some circumstances in which we must disclose an individual’s information:
(a) Where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;
(b) As required by any law (including the Privacy Act); and/or
(c) In order to sell our business (in that we may need to transfer Personal Information to a new owner).
5.10 We will not disclose an individual’s Personal Information to any entity outside of Australia that is in a jurisdiction that does not have a similar regime to the Australian Privacy Principles or an implemented and enforceable privacy policy similar to this Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of Australia will not be made until that entity has agreed in writing with us to safeguard Personal Information as we do.
5.11 We may utilise third-party service providers to communicate with an individual and to store contact details about an individual, and in particular Amazon Web Services from Amazon Web Services, Inc. These service providers may be located outside of Australia.
6 OPTING “IN” OR “OUT”
6.1 An individual may opt to not have us collect and/or process their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:
(a) Opt In. Where relevant, the individual will have the right to choose to have information collected and/or receive information from us (for clarity, consent must involve an unambiguous positive action to opt in); or
(b) Opt Out. Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.
6.2 If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us using the details as set out in section 11 below.
7 THE SAFETY & SECURITY OF PERSONAL INFORMATION
7.1 We may appoint a Data Protection Officer to oversee the management of this Privacy Policy and compliance with the Australian Privacy Principles, the Privacy Act and the GDPR. This officer may have other duties within our business and also be assisted by internal and external professionals and advisors.
7.2 We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
7.3 We use SSL encryption to store and transfer Personal Information. Despite this, the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.
7.4 We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws), unless otherwise required by the Privacy Act and the GDPR. The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
7.5 If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.
7.6 We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.
7.7 Where there is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information, then:
(a) We will immediately establish the likelihood and severity of the resulting risk to wider rights and freedoms of natural persons;
(b) If we determine there is a risk from the security breach, then we will immediately notify the relevant supervisory authority and provide all relevant information on the particular breach, and by no later than 72 hours after having first become aware of the breach;
(c) If we determine there is a high risk from the security breach (a higher threshold than set for notifying supervisory authorities), we will immediately notify the affected individuals and provide all relevant information on the particular breach without undue delay.
7.8 We will document the facts relating to any security breach, its effects and the remedial action taken, and investigate the cause of the breach and how to prevent similar situations in the future.
8 HOW TO ACCESS, UPDATE AND/OR REMOVE INFORMATION
8.1 Subject to the Australian Privacy Principles and the GDPR, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information as soon as practicable, and by no later than 28 days of receiving the written request. The individual is free to retain and reuse their Personal Information for their own purposes. We may be required to transmit the Personal Information directly to another organisation if this is technically feasible.
8.2 If an individual cannot update their own information themselves, we will correct any errors in the Personal Information we hold about an individual within 28 days of receiving written notice from them about those errors, or two months where the request for rectification is complex.
8.3 It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.
8.4 Where a request to access Personal Information is manifestly unfounded, excessive and/or repetitive, we may refuse to respond or charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them. Where we refuse to respond to a request, we will explain why to the individual, informing them of their right to complain to the supervisory authority and to a judicial remedy without undue delay and at the latest within 28 days.
8.5 We may be required to delete or remove all Personal Information we have on an individual upon request in the following circumstances:
(a) Where the Personal Information is no longer necessary in relation to the purpose for which it was originally collected and/or processed;
(b) When the individual withdraws consent;
(c) When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing;
(d) The processing of the Personal Information was otherwise in breach of the GDPR;
(e) The Personal Information has to be erased in order to comply with a legal obligation; and/or
(f) The Personal Information is in relation to a child.
8.6 We may refuse to delete or remove all Personal Information we have on an individual where the Personal Information was processed for the following reasons:
(a) To exercise the right of freedom of expression and information;
(b) To comply with a legal obligation for the performance of a public interest task or exercise of official authority.
(c) For public health purposes in the public interest;
(d) Archiving purposes in the public interest, scientific research historical research or statistical purposes; or
(e) The exercise or defence of legal claims.
9 COMPLAINTS AND DISPUTES
9.1 If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details below.
9.2 If we have a dispute regarding an individual’s Personal Information, we both should first attempt to resolve the issue directly between us.
9.3 An individual shall have the right to seek a judicial remedy where he or she considers that his or her rights under the GDPR have been infringed as a result of the processing of his or her Personal Information in non-compliance with the GDPR. Any proceedings should be commenced in New South Wales, Australia, where we are established.
9.4 If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
10 CONTACTING INDIVIDUALS
10.1 From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Where such information is materially important to the individual’s interaction with us, they may not opt out of receiving these communications.
11 CONTACTING US
11.1 All correspondence with regards to privacy should be addressed to:
Data Protection Officer
SSLE Pty Ltd
support@avieapp.com
You may contact the Data Protection Offer via email in the first instance.
12 ADDITIONS TO THIS POLICY
12.1 If we decide to change this Privacy Policy, we will post the changes on our webpage at https://www.avieapp.com. Please refer back to this Privacy Policy to review any amendments.
12.2 We may do things in addition to what is stated in this Privacy Policy to comply with the Australian Privacy Principles and the GDPR, and nothing in this Privacy Policy shall deem us to have not complied with the Australian Privacy Principles and the GDPR.
