Terms and Conditions

Introduction

These terms and conditions, the Service Level Agreement, Acceptable Use Policy, Moderation Policy and the Privacy Policy constitute the entire Agreement between You and The HiVE and governs Your use of Our Services. By registering for, accessing and/or otherwise using The HiVE’s services, You acknowledge that you have read, understood, and agree to be bound by these terms. If You can’t agree to our terms, then you cannot use Our Services.

If you still have questions after you’ve read these terms, please get in touch with us.

Terms and General

In these terms and conditions, capitalised words have the following meanings:

1. Acceptable Use Policy – Means Our policy governing the acceptable use of Our Services published on Our website which may be varied from time to time.

2. Agreement – Means these terms and conditions together with the Customer Registration, the Service Level Agreement, and the Privacy Policy.

3. Application – Means the computer software application, more specifically called ‘The HiVE’ and its associated products and plug-ins which is to be made available by Us to You pursuant to this Agreement.

4. Authorised User – Means a user permitted to access Your instance The HiVE under this Agreement.

5. Charges – Means the charges for Our Services as specified in the Customer Registration or as notified by Us in accordance with this Agreement.

6. The HiVE – When We say The HiVE, HiVE, We, Our or Us, we’re talking about Social Pinpoint Pty Ltd (ACN 164 471 425). Where context permits or requires, we are also talking about the Application which is known as ‘The HiVE’.

7. Content – Means any Data and information available through Our Services or contained within Our Services.

8. Customer Registration – Means the form described as such, or any other document completed upon signing up with The HiVE that outlines a description of Our Services including contract dates and agreed pricing.

9. Data – Means data owned or supplied by You to which We are provided access pursuant to the Agreement or data which may otherwise be generated, compiled, arranged or developed using The HiVE by You but excluding the Intellectual Property.

10. Force Majeure – Means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform an obligation under this Agreement. Such circumstances shall include but not be limited to acts of God, lightning strikes, any natural disaster, acts of war, terrorism, riots, civil commotion, malicious damages, sabotage, revolution and strikes.

11. Intellectual Property – Means any IP Rights in The HiVE and any associated customisations, enhancements, or modifications to The HiVE after commencement of this Agreement, whether at Your request or otherwise.

12. IP Rights – means all intellectual property rights in any jurisdiction and other rights of a similar nature, including copyright, trademarks, patents, design and design rights for all software or computer programs, trade or other proprietary rights or any rights to registration, whether created before or after the commencement of this Agreement.

13. Moderation Policy – Means Our policy for the moderation of comments published on Our website which may be varied from time to time.

14. Our Services – Consists of all services, products, and Applications that The HiVE provides now or in the future and made available by Us to You in accordance with this Agreement, including access to the Application.

15. Privacy Policy – means the privacy policy published on our website which may be varied from time to time.

16. Service Level Agreement – means the service level agreement published on our website which may be varied from time to time.

17. Security Statement Document – means the system security document published on our website which may be varied from time to time.

18. You – When we say You, You’ve or Your, we mean both you and any entity or firm you’re authorised to represent.

19. Applicable Law – This Agreement will be governed by the laws of Queensland. Notices under this Agreement may be delivered by email to Us at the addresses specified in the Customer Registration Form, and to You at the email addresses You specify to Us in Your Customer Registration Form. Notice will be deemed given upon sending the transmission if sent before 5 pm on a business day or otherwise at the commencement of the first business day following transmission. In this clause “business day” means Monday to Friday excluding public holidays in Brisbane CBD.

Access to The HiVE

20. Access – During the term of this Agreement, We will provide You with Our Services in the manner specified in the Service Level Agreement but subject to this Agreement.

21. Set Up & Maintenance – We provide The HiVE as a tool to assist You in designing, setting up and maintaining a website for end users. Unless we expressly agree in the Customer Registration to assist You with the design, set up or maintenance of the website, You are solely responsible for using The HiVE to carry out such activities.

22. No assignment – Unless otherwise agreed in writing by Us, access to Our Services are personal to You and use is not permitted by any other person or entity other than Your employees, contractors or third parties who are reasonably required to access the system for use on Your projects.

23. Intellectual Property – You acknowledge and agree that any Intellectual Property is retained by Us and shall not be available in any form for use by any third parties. Nothing in this Agreement is to be taken to be a transfer or assignment of the Intellectual Property or any of Our IP rights to You.

24. Authorised Users – You agree that the Agreement permits You to access and use The HiVE in accordance with the number of Authorised Users set out in the Customer Registration, or the number of users applicable to the HiVE subscription tier You are paying for. Subject to You agreeing to any relevant increase in Charges, You may request an increase in the number of Authorised Users by submitting a request in writing to Us.

Duration of Agreement

25. Contract Period – The contract period shall commence 7 days after You completeand signYour Customer Registration, and continues for the term indicated in the Customer Registration (Contract Period).

26. Automatic Renewal – Prior to the end of the Contract Period, We will issue an invoice for the Subsequent Period. Unless We receive a response from You indicating termination of the Agreement, the Agreement will be automatically renewed for a further term of the same duration as the original Contract Period (Subsequent Term).

27. Survival – Any terms which are capable of having effect after the expiration of this Agreement shall remain in full force and effect following the expiration of this Agreement.

Privacy and Data Use

28. Privacy – The HiVE uses Your data to provide services to You. Our privacy policy is an important part of this Agreement and how we deal with personal data.

29. Data Use – Subject to any lien arising because of unpaid Charges and to any further encumbrances arising outside our control, we acknowledge that Your Data remains the property of You. While we do not own Your Data, You grant Us a licence to use, copy, transmit, store analyse and back up all Data You submit to Us through Our Services, including personal data of yourself and others, to:

Enable You to use Our Services;
Allow Us to improve, develop and protect Our Services; create new services;
Communicate with You about this Agreement or Our Services;

And send information We think may be of interest to You.

30. Delivery of Your Data where lawfully required – If required by any applicable law or legally binding order of any court, government, semi- government authority or administrative or judicial body or the applicable rules of any securities exchange, We may disclose Your Data or related data, documentation or records or confidential information.

31. Anonymous statistical data – When You use Our Services, We may create anonymous statistical data from Your Data and usage of Our Services, including through aggregation. Once anonymised, We may use it for Our own purposes, such as to provide and improve Our Services, to develop new services or product offerings, to identify business trends, and for other uses We communicate to You.

32. Marketing & Promotion

Your Brand - Unless instructed by You in writing upon signing, You hereby irrevocably acknowledge and agree that We may use Your logo or organisation name on our marketing collateral in any form or medium, (including but not limited to our website, sales proposals, information sheets, social media posts, and public displays) to indicate or represent that You are a current client of Our business. For the purpose of this clause, You give Us a non-exclusive, worldwide, fee-free licence to use the IP Rights in Your logo or organisation name whilst You use any of Our Services for the limited purposes set out in this clause unless revoked by written notice by You to Us in accordance with this Agreement.

Our Brand – We incorporate our corporate, service and product logos, marks and other branding elements into the footer (or an alternative location agreed with you) of each website which you publish or otherwise make publicly available using The HiVE, and this may not be removed, unless otherwise agreed in writing by us.

33. General Data Protection Regulation (GDPR) – Because We do not collect or determine the use of any personal data contained in Your Data, The HiVE is not acting in the capacity of data controller in terms of the European Union’s General Data Protection Regulation (Regulation (EU) 2016/679, “GDPR”) and does not have the associated responsibilities under the GDPR. The HiVE should be considered only as a processor on behalf of You and Your users as to any Data containing personal data that is subject to the requirements of the GDPR. Except as provided in the privacy policy, The HiVE does not independently cause Your Data stored in connection with Our Services to be transferred or otherwise made available to third parties, except to third party sub-contractors who may process such data on behalf of The HiVE in connection with the provision of Our Services to You.

You and Your users are the data controllers under the regulations, meaning that You and Your users control the manner in which any personal data is collected and used as well as the determination of the purposes and means of the processing of such personal data.

The HiVE is not responsible for the content of the personal data contained in Your Data or other information stored on Our servers (or its sub-contractors’ servers) at the discretion of the You and Your users, nor is The HiVE responsible for the manner in which You collect, handle disclosure, distribute or otherwise process such information.

34. Data Processing Agreement – If You need a signed Data Processing Addendum in addition to this Agreement and Privacy Policy, please contact us.

35. System Security – Refer to Our Security Statement Document for more information relating to Your data and security.

Maintenance, Downtime, and Data Loss

36. Service Acknowledgements – As with all computers and internet driven software applications, there may be times that Our chosen server is not operational or has been shut down for maintenance. There may also be software errors or other interruptions in use affecting Our chosen server or Our Services. Despite taking all reasonable security measures, Our chosen server may be vulnerable to hackers, viruses, and unauthorised access and We do not guarantee the integrity of data, and that as a result of any of these events there may be interruption of Your business.

37. Breach of Security – Subject to the clauses under the ‘Liability’ section below, You are responsible for any breach of security at Your premises or to Your computer system, which results in any loss or damage to Us and We are equally responsible for any breach at Our premises or to Our computer system, which results in any loss or damage to You.

38. Malfunction – We do not warrant that Our Services are or will be completely error free.

39. Failure of Our Services – We shall not be responsible for any failure of Our Services, if such failure is caused by factors beyond Our reasonable control including, but not limited to, a Force Majeure event, telecommunications failure or fault, defective network or Internet connections, poor reception, defective equipment utilised by or incorrect operation by You of Your own access facilities, or the loss of service from the service provider hosting the Application.

40. Modifications – We may exercise our discretion as to the configuration of Our Services, release new updates, modifications, and enhancements to Our Services, and in some cases discontinue features without prior notification to You. Where this occurs, we will Endeavor to notify You where practicable.

User Conduct

41. Your Acknowledgement – All Content is the sole responsibility of the person who made the Content available, and You are solely liable and responsible for Your Content. You shall not:

Undermine the security or integrity of Our computing systems or networks.

Use Our Services in any way that might impair functionality or interfere with other people’s use.
Access any system without Our permission.
Introduce or upload anything that: (a) infringes any IP Rights or other proprietary rights of any party; (b) violates any applicable law or is illegal; or (c) violates any third-party’s right, including right to privacy.
Introduce or upload anything that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to or that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Impersonate any person or entity, including without limitation a The HiVE representative or another user of The HiVE, or falsely state or otherwise misrepresent Your affiliation with a person or entity.

Create a false identity for the purpose of misleading others as to Your identity or the originator of a message.
Interfere with or disrupt Our website or servers or networks connected to Our website, or disobey any requirements, procedures, policies or regulations of networks connected to Our website.
Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer, or extract the source code of any part of Our Services.

If you become aware that any Authorised User has breached this Agreement or our Acceptable Use Policy, you must promptly notify us. On becoming aware of such a breach, whether from your notice or otherwise, we may immediately suspend that Authorised User’s access without notice, or request that you suspend their access and you agree to immediately implement such suspension.

42. Your Access – You are responsible for providing Your own internal facilities and equipment necessary to access the Application. We accept no responsibility for any deficiency in Your access facilities.

Pricing

43. You must pay charges – You shall pay Our Charges at the rate and in the manner specified in the Customer Registration. You agree to pay Our Charges when requested and that where any of Our Charges are payable in advance of a future period, then those Charges are payable in consideration of Us making available Our Services and any of our other goods and services to You for the period to which that Charge relates and but for valid termination for a Force Majeure event, are not refundable in any instance. For the avoidance of doubt, this clause applies if this Agreement is terminated before the end of the Contract Period (or Subsequent Term) so that Charges for the full Contract Period (or Subsequent Term) remain payable.

44. Upgrades - In the event that You exceed the limits of Your current subscription outlined in Your Customer Registration at any time during the Contract Period, You will automatically be upgraded to a new subscription tier. You must pay a pro-rata amount equal to the difference between the Charges outlined in Your Customer Registration and the price of Your new subscription tier. The pro-rata amount will be based on the number of days left in the relevant Contract Period and pricing available upon request from Your customer success manager.

45. Price Increases - We may increase Our pricing annually on the anniversary of the commencement of Your Agreement. You will be notified by Us of any increased Charges at least thirty (30) days before the increase takes effect. If the increase in Charges is by 5.0% or less, You agree to pay the increased Charges and there is nothing more You need to do. If the increase in Charges is greater than 5.0%, and You do not agree to pay the increased Charges, You may notify Us within 30 days and request that We terminate this Agreement at the end of Your Contract Period (or Subsequent Term).

46. Importance of timely payments – In order to continue accessing Our Services, You need to make timely payments based on the pricing plan You selected. If we do not receive timely payments, we may suspend access to Our Services until the payment is made.

47. Exclusion of Taxes – The Charges are exclusive of taxes, duties and charges imposed or levied in connection with Your access to Our Services. Without limiting the foregoing, You shall be liable for any new taxes, duties or Charges during the term in respect of the Access to Our Services.

Termination

48. Termination by a party – Without limiting the generality of any other clause in this Agreement, a party may terminate this Agreement immediately by notice in writing if:

the other party (“defaulting party”) is in breach of any term of this Agreement and such breach is not remedied within thirty (30) days of the other party notifying the defaulting party of that breach;
a party becomes, threatens, or resolves to become or are in jeopardy of becoming subject to any form of insolvency administration; any party, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;

any party ceases or threatens to cease conducting its business;
We are delayed or fail to perform a substantial part of our obligations under this Agreement for a period of sixty (60) days or more due to an event of Force Majeure.

49. Payments upon termination – In the event this Agreement is terminated prior to the end the Contract Period (or Subsequent Term) due to a breach of this Agreement by You, Charges for the remaining Contract Period must be paid by You within 14 days of the date of termination. It is agreed that the outstanding Charges are either a fee for service and in consideration of Us making Our Services available for the Contract Period or Subsequent Term (as the case may be) and/or is not a penalty and is a genuine pre-estimate of the loss we will suffer from early termination, bearing in mind Our Services are a SaaS service.

50. Refunds – If You cancel Our Services provided to You, or your access to Our Services is cancelled or suspended by Us in accordance with these terms, You understand that you are not entitled to a refund of any prepaid amount since such Charges are made in consideration of making Our Services available for the Contract Period (or Subsequent Period). If this Agreement is validly terminated due to Force Majeure event or a breach of this Agreement by Us (but not otherwise), We will refund, on a pro rata basis, moneys previously paid by You pursuant to this Agreement for Our Services not provided by Us to You.

51. Retention of Your data – Once this Agreement is terminated by You or Us, it is retained for a period of time in accordance with Our disengagement plan, available upon request.

Indemnity

52. Mutual Indemnity – Each party shall at all times indemnify and hold harmless the other party, its officers, employees and agents (“those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:

a breach by the indemnifying party of its obligations under this Agreement.
any wilful, unlawful, or negligent act or omission of the indemnifying party.

Liability

53. No Reliance – You agree that You have not relied on any representations or warranties made by Us which have not otherwise been expressly stated in this Agreement.

54. No liability for your breaches of laws – We are under no obligation to You under this Agreement or otherwise if and to the extent Your access to Our Services constitutes a breach of any relevant law or regulation by You.

55. Limitation of Liability – Notwithstanding any other clause of this Agreement, the total liability of Us to You arising out of breach of our obligations under this Agreement (whether for breach of contract or warranty, under an indemnity, pursuant to any liquidated or other damages clause, for tort including negligence, for strict liability or on any other legal basis) is limited to:

an amount equal to one year’s Charges under this document;
minus any amount which You recover from another third party as a result of an action by You against that third party, and notwithstanding any other provision of this Agreement, neither party will be liable to the other under this Agreement in contract, tort or otherwise:
to the extent that any loss is caused or contributed to by the negligence or default by the other party or their personnel;
for any indirect consequential loss related to or connected with this Agreement.

For the avoidance of doubt, this clause does not exclude or limit Your liability for the payment of Charges under this Agreement.

56. Terms Implied by Law – Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement. However, Our liability for any breach of such condition or warranty shall be limited, at Our option, to one or more of the following:

(A) the supplying of the services again; or

(B) the payment of the cost of having the services supplied again.

Sub-Contracts

57. Our Right – We may sub-contract for the performance of this Agreement without Your prior consent, provided that We remain responsible for our obligations to You under this Agreement.

Changes to the Terms and Conditions

58. We may change these terms and conditions from time to time. Material changes will be published on our website.

Version 2.0 - Effective from September 2021

This Privacy Policy describes how Social Pinpoint Pty Ltd (“Social Pinpoint”, “we”, “us” or “our”) (ABN: 12 148 958 927) collects, protects, discloses, stores and uses your personal information through its provision of online software applications and other digital products (the “Software”) and services (together, the “Services”).

Our Software is operated by an external operator (the “Operator”) who licences the Software from Social Pinpoint and may, from time to time, collect information for various reasons outlined in their Privacy Policy, Privacy Statement, or any other applicable Agreement. You should check these documents and ensure you are comfortable with how the Operator will collect and handle your personal information.

This Privacy Policy has been prepared to take into account the following privacy laws:

Australia - Privacy Act 1988 (Cth) (“Privacy Act") and the Australian Privacy Principles (“APPs"). See Appendix 1 for Privacy Act and APP specific provisions.
Canada - The Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA).
European Union - General Data Protection Regulation 2016/679 (“GDPR”). See Appendix 2 for GDPR specific provisions.
New Zealand - Privacy Act 2020.

If the Operator is a government entity or located in another jurisdiction, we may also contractually agree to comply with additional privacy laws.

What information is collected?

Personal Information

Customers:

In providing its Services, the type of personal information collected by Social Pinpoint may include (but may not be limited to) the following types of information, when this information is shared:

Your name
Email address
Phone number
The organisation you work for
Your job title
Your preferences and opinions with respect to the Services
Details of the Services requested by you and provided to you and Social Pinpoint’s response to you, including with respect to any support requests
Any feedback you provide to Social Pinpoint, including in any feedback surveys
Your IP address
Other unique ID numbers
Any other personal information requested by Social Pinpoint and/or provided to Social Pinpoint by you or by a third party.

Users of our Services:

The Operator may collect a range of personal information from you when you use our Services (whether as a staff admin user for the Operator or as a visitor to the Operator’s website), depending on their specific requirements and needs. Personal information may be collected in a range of ways including through a registration process or through various activities and interactions on the site.

The type of personal information collected will vary between Operators and may include (but may not be limited to) the following types of information, when this information is shared:

Your name
Email address
Username
Profile picture
Phone number
Your IP address
User-agent string
Other unique ID numbers
Social network account IDs
Physical address, postcode, or other locational attributes
Demographic information such as age, gender, etc.
Information about your preferences
Your recorded thoughts, ideas, opinions, etc. as expressed by you. This may include sensitive information if you provide political opinions.

You will need to check the Privacy Policy of the Operator to confirm what personal information is collected.

Where an Operator collects your personal information, this personal information may also be collected and accessed by Social Pinpoint in fulfilling our duties and responsibilities to the Operator and to internally analyse and improve our Services and Software.

Cookie Policy

Our websites use cookies to record and log data. We use both session-based and persistent cookies, dependent upon how you use or interact with our websites.

Cookies are small data files sent by us to your computer, or from your computer or mobile device to us each time you visit our website. They are unique to you or your web browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them, or until they expire.

When you use one of our websites, we may use technologies such as cookies to store information about your visit. If you have provided us with personal information, cookies may be associated with this information.

We use this information to better understand how people use our websites, to improve our products, to ensure that we give you the best experience we can, to detect fraud or abuse and to help our customers learn about which engagements and content most matter to their communities.

If you do not wish to have cookies enabled, or wish to be notified of their use, most modern browsers will allow you to adjust this in the settings. Please note that disabling the use of cookies on our software may result in restricted/impacted functionality, and you may not be able to take full advantage of the service.

We use the following categories of cookies on our sites:

Necessary cookies

These cookies are essential to enable you to browse around our websites and use its features. Without these cookies, functionality related to certain tools and accessing secure areas of the site could not be provided.

Preferences cookies

Also known as “functionality cookies,” these cookies allow a website to remember the choices you have made in the past, like what language you prefer or what your username and password is so that you can automatically log in next time.

Statistical cookies

Also known as “performance cookies,” these cookies collect information about how you use a website, like which pages you visited and which links you clicked on. The purpose of this information is to help understand how users are engaging with the website and to improve website functions.

Operators may also use cookies on our Software. Operators are responsible for notifying you of the cookies they use and how you can control which cookies are enabled.

Links

This Privacy Policy does not apply to third party websites or digital services which may be linked to content published by either Social Pinpoint or the Operator. We recommend you read the privacy statement of the relevant service when you access these third party sites.

How do we use your information?

Customers:

Social Pinpoint may use information it collects (personal or otherwise) in order to:

provide our Services to you
allow you to access our Software
send you updates and information where you have consented or would reasonably expect to receive them
respond to your enquiries
to request your feedback
maintain our licenced Software
for internal record keeping, administrative, invoicing and billing purposes
detect and rectify fraud or other behavior that violates any terms of use
comply with our contractual or legal obligations and resolve any disputes that we may have
conduct de-identified research, analytics and business development
improve our Services, Software and our website
if otherwise required or authorised by law

Users of our Services:

Social Pinpoint may access and use the information collected by the Operator (personal or otherwise) in order to:

allow you to access our Software
respond to your enquiries
maintain our licenced Software
detect and rectify fraud or other behaviour that violates any terms of use
respond to service requests from the Operator
comply with our contractual or legal obligations and resolve any disputes that we may have
monitor sites to ensure adequate safety and security
conduct de-identified research, analytics and business development
improve our Software and services
if otherwise required or authorised by law

How do we protect your information?

Social Pinpoint takes the privacy of your information very seriously, and we use industry standard practices to keep your data safe and secure.

How do we disclose your personal information?

Customers:

In providing the Services, our Software and our website Social Pinpoint may disclose your personal information to:

our third party helpdesk management provider for customer support tickets
our third party email management system to send email updates and notifications
our employees, contractors and/or related entities
our existing or potential agents or business partners
anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred
credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights
any other third parties as required or permitted by law, such as where we receive a subpoena

Users of our Services:

In providing the Services and our website, Social Pinpoint may disclose your personal information to:

our third party email management system to send email updates and notifications
our third party authentication and authorisation provider for our Software, if enabled
other third party service providers for the management of security, fraud detection, internal logs, basemaps and geocoding services, content moderators, graphic providers, web mapping tools and software which allows for the functionality of a browser
Social media sites when you choose to share content or authenticate your user account through them
any other third parties as required or permitted by law, such as where we receive a subpoena

Contact us

To contact us about our Privacy Policy, compliance with any applicable privacy laws, or to modify or delete your personal data, please email our Privacy Officer at: info@socialpinpoint.com

The Privacy Officer will review all messages received and respond to each message upon due consideration. We may require further information to respond to your message, or may refer you to the Operator when appropriate.

Changes to this Policy

We reserve the right to modify this policy from time to time, at our sole discretion. If we make a material change to the Privacy Policy we will notify you and the modified policy shall be effective once we notify you of the change. If we do not make any material amendments then we will post the modified policy on our website and it shall be effective once posted. We recommend that you regularly check our website to make sure you are aware of our most up-to-date policy.

Appendix 1 – The Privacy Act and the APPs

The Privacy Act and the APPs set out the core requirements for the protection of personal information in Australia. Please read the Privacy Policy above and this Appendix carefully and contact us at the details at the end of the Privacy Policy if you have any questions

How do I access, change or delete my personal information?

In some cases you may be able to access and correct your personal information by logging into your account (if the Software provides this functionality), where you can update your personal details.

You may also request a copy of, changes to, or deletion of, the personal information we hold, and we will act on this request within a reasonable period of time unless we are legally permitted to refuse to do so, in which case we will provide you with details of our refusal in writing.

Before acting on your request we may be contractually required to provide notification to or seek the consent of the Operator.

Social Pinpoint will endeavour to respond to your request or inquiry within 30 days.

How do I make a complaint?

If you wish to make a complaint, please contact us using the details in the contact section above and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response you also have the right to contact the Office of the Australian Information Commissioner.

Will my personal information be transferred overseas?

Where we disclose your personal information to third parties in our Privacy Policy, these third parties may store, transfer or access personal information outside of Australia, including but not limited to the United States of America and the Philippines.

We will only disclose your personal information to countries with laws which protect your personal information in a way which is substantially similar to the Australian Privacy Principles or we will take such steps as are reasonable in the circumstances to ensure the third party protects your personal information in accordance with the Australian Privacy Principles.

Appendix 2 – The GDPR

Under the GDPR individuals located in the EU have extra rights which apply to their personal information. Personal information under the GDPR is often referred to as personal data and is defined as information relating to an identified or identifiable natural person (individual). This Appendix sets out the additional rights we give to individuals located in the EU when we sign a GDPR compliant data processing agreement with an Operator, including how we process personal information lawfully, transparently and fairly. Please read the Privacy Policy above and this Appendix carefully and contact us at the details at the end of the Privacy Policy if you have any questions.

What personal information is relevant?

This Appendix applies to the personal information set out in the Privacy Policy above where we sign a GDPR compliant data processing agreement with an Operator. This includes any sensitive information also listed in the Privacy Policy above which is known as ‘special categories of data’ under the GDPR.

Our commitment to you

Your personal information will:

be processed lawfully, fairly and in a transparent manner by us;
only be collected for the specific purposes we have identified in the ‘collection and use of personal information’ clause above and personal information will not be further processed in a manner that is incompatible with the purposes we have identified;
be collected in a way that is adequate, relevant and limited to what is necessary in relation to the purpose for which the personal information is processed;
be kept up to date, where it is possible and within our control to do so (please let us know if you would like us to rectify any of your personal information);
be kept in a form which permits us to identify you, but only for so long as necessary for the purposes for which the personal information was collected or required by an applicable controller; and
be processed securely and in a way that protects against unauthorised or unlawful processing and against accidental loss, destruction or damage.

How do we process personal information?

If the GDPR applies and we act as a controller, we must have a legal basis to process your personal information. We will process your personal information in accordance with the following legal bases:

Legitimate interests: We will process your personal information for our legitimate interests to allow you to access and use our website, to send you marketing content we think may be of interest to you, to contact you if you leave your contact details with us or if you otherwise initiate contact with us, to review and improve our Services and for our internal business purposes.
Performing a contract: We will rely on performing a contract to process your personal information where we are preparing to enter into a contract with you or we are carrying out our obligations under a contract with you, including where you have entered into a contract with us for our Services or the licensing of our Software.
Legal obligation: We will rely on a legal obligation to process your personal information where we are subject to a legal obligation, including to respond to any illegal activity and for taxation purposes.
Consent: If we need to rely on consent, we will ask for consent to process any of your personal information for that specific purpose before we process your personal information for that purpose.

Upon written request, we may provide you with a list of the third parties we use to process your personal information and the locations of those third parties.

Data retention

If the GDPR applies or we have signed a GDPR compliant data processing agreement, and we act as a processor:

We will only retain your personal information in accordance with the controller’s instructions and we will delete or return your personal information to the controller in accordance with the terms of the applicable data processing agreement.

If the GDPR applies and we act as a controller:

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see ‘access, erasure and data portability’ below for further information.

In some circumstances we may anonymise your personal information (so that it can no longer be associated with you) for analytics, research or statistical purposes in which case we may use this anonymised information indefinitely without further notice to you.

Data transfers

The countries to which we send data for the purposes listed above may not have the same data protection laws as the country in which you initially provided the information. If we transfer your personal information to third parties in other countries:

we will perform those transfers in accordance with the requirements of the GDPR (for example, by using the Standard Contractual Clauses as a safeguard); and
we will protect the transferred personal information in accordance with the Privacy Policy, as supplemented by this Appendix.

Countries to which we may transfer personal data include Australia, the Philippines and the United States of America.

Extra rights for EU individuals

Objecting to processing:

You have the right to object to processing of your personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights and freedoms, in order to proceed with the processing of your personal information.

Restricting processing:

You have the right to request that we restrict the processing of your personal information if:

you are concerned about the accuracy of your personal information
you believe your personal information has been unlawfully processed
you need us to maintain the personal information solely for the purpose of a legal claim
we are in the process of considering your objection in relation to processing on the basis of legitimate interests

Access, erasure and data portability:

You may have the right to request details of the personal information we hold about you, or to request that we erase the personal information we hold about you, or that we transfer this information to a third party.

Rectification:

If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, incomplete, misleading or out of date.

Note that if we are acting as a processor of your personal information, before acting on a rights request we will need to seek the instructions of the relevant Operator.

If the GDPR applies and we act as a controller of your personal information, we will endeavour to respond to your request or inquiry within 30 days.

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