1 PRIVACY POLICY FOR SAASYAN PTY LTD

1.1 Saasyan Pty Ltd (“Saasyan”) is committed to keeping your information safe and secure in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles contained therein. By engaging Saasyan’s services or using Saasyan’s Software (the “Software”), you are giving consent to Saasyan to use your Personal Information in the manner set out in this Privacy Policy.

2 COLLECTION OF PERSONAL INFORMATION

2.1 Saasyan may collect and use the following kinds of information:

(a) Information about your use of the website or Software (including browser type; version and language; operating system; pages viewed while browsing the website or Software; page access times; and referring website or Software address); and
(b) Information about your personal details (including name; phone contact details; address information; email; username; password; and payment information).

2.2 Saasyan may collect your personal details in a variety of ways, including but not limited to

(a) when you register for the services;
(b) when you interact with Saasyan electronically or in person;
(c) when you access the Software; and
(d) when Saasyan provides products and/or services to you.

3 USE AND DISCLOSURE OF PERSONAL INFORMATION

3.1 Saasyan may collect may use your personal information to:

(a) enable your access to the website or Software;
(b) track usage and measure traffic statistics of the website or Software;
(c) supply to you the services that you purchase as a customer;
(d) contact you regarding your use of the services;
(e) contact you in relation to comments, complaints, enquiries or a dispute resolution;
(f) collect payments from you;
(g) communicate with third party providers or associate parties with respect to the provision of the Services; and
(h) send you marketing communications.

3.2 Saasyan will not disclose personal information about you unless is it related to the primary purpose of providing services to you or a third party for which you have consented to by engaging Saasyan’s services or by using Saasyan’s Software. However, Saasyan may disclose your Personal Information to its business partners who assist in providing services to you as a customer.

3.3 Saasyan in its sole discretion, may disclose your Personal Information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

3.4 Saasyan is not liable for how a third party uses your Personal Information if the Personal Information has been disclosed in accordance with this policy.

4 SECURITY OF YOUR PERSONAL INFORMATION

4.1 It is important that you advise Saasyan of changes to your personal information that you have provided to Saasyan as it is essential that your personal information is accurate, complete, and up-to-date in order for Saasyan to provide services to you.

4.2 Saasyan uses reasonable technical precautions and has implemented business processes to protect your personal information from misuse, loss, unauthorised access, modification and disclosure. However, Saasyan is not liable for any unauthorised access to, or dissemination of, this information.

4.3 Saasyan may disclose your personal information to third parties if you have purchased relevant services as a customer.

4.4 Saasyan may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

4.5 Saasyan will take all reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes of providing our services to you and where Saasyan is not required to retain that information by law.

5 ACCESS TO YOUR PERSONAL INFORMATION

5.1 You are responsible to ensure that the information you provide to Saasyan is accurate, complete and up-to-date.

6 IDENTIFIERS AND ANONYMITY

6.1 You acknowledge that Saasyan retains, collects and maintains your Personal Information for statistical analysis purposes (whether for commercial or non-commercial purposes). You agree that Saasyan may share, distribute and/or transfer the Personal Information which you have provided to Saasyan to third parties, only after that Personal Information has been de-identified. This includes but is not limited to:

(a) survey question and response data; and
(b) gender, location, title and other Respondent demographic data.

7 TRANS-BORDER DATA FLOWS

7.1 Saasyan will only transfer personal information to someone who is in a foreign country if:

(a) Saasyan reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or
(b) the individual consents to the transfer; or
(c) the transfer is necessary for the performance of a contract between you and Saasyan, or for the implementation of pre-contractual measures taken in response to your request; or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in your interest between Saasyan and a third party; or
(e) all of the following apply:

(i) the transfer is for your benefit;
(ii) it is impracticable to obtain your consent to that transfer; and
(iii) if it were practicable to obtain such consent, you would be likely to give it; or

(f) Saasyan has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.

8 SENSITIVE INFORMATION

8.1 Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

8.2 Sensitive information will be used by Saasyan only:

(a) for the primary purpose for which it was obtained;
(b) for a secondary purpose that is directly related to the primary purpose;
(c) with your consent; or
(d) where required or authorised by law.

9 OPENNESS

9.1 By request, you may contact Saasyan and ask to know what sort of personal information is held about you, for what purposes, and how it is collected, held, used and disclosed.

10 COMPLAINTS ABOUT PRIVACY

10.1 As a valuable customer, if you have any complaints in relation to this Privacy Policy or privacy practice, please contact Saasyan at info@saasyan.com.au.

10.2 A complaint should identify whether it is about:

(a) the collection of Personal Information;
(b) the use of Personal Information;
(c) the disclosure of Personal Information;
(d) the security or storage of Personal Information;
(e) the accuracy of Personal Information;
(f) a refusal to give access to or provide information about their Personal Information; or
(g) a refusal to change or delete Personal Information.

10.3 Saasyan values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, Saasyan will respond quickly to advise you of the outcome following its enquiring into the same. You will also be invited to respond to its outcome. If a response is received, Saasyan will assess it and advise if it has changed its view or outcome. If you are unsatisfied with the final outcome, Saasyan will advise further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.

11 MISCELLANEOUS

11.1 Waivers

In limited circumstances, Saasyan may allow you to waive application of this Privacy Policy. A waiver of this Privacy Policy must be in writing and signed by Saasyan. Saasyan anticipates that the waiver of this Privacy Policy would only be in exceptional circumstances, and Saasyan encourages that you consider the circumstances leading to the waiver request prior to submitting such a request.

11.2 Dispute within Australia

(a) Compulsory Mediation

Where a dispute arises out of or relates to this Privacy Policy in Australia, unless the parties has complied with clause 11.2, either party may not commence any Tribunal or Court proceedings in relation to the dispute (except where urgent interlocutory relief is sought).

(b) Notice

A party to this Privacy Policy claiming a dispute (“Dispute”) has arisen under this Privacy Policy, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c) Resolution

On receipt of that notice (“Notice”) by that other party, the parties to this Privacy Policy (“Parties”) must:

(i) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Sydney, Australia.

(d) Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation

If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

11.3 Dispute outside Australia

(a) Compulsory Mediation and Arbitration

Where a dispute arises out of or relates to this Privacy Policy outside of Australia, unless the parties has complied with clause 11.3, either party may not commence any arbitration or Court proceedings in relation to the dispute (except where urgent interlocutory relief is sought).

(b) Notice

A party to this Privacy Policy claiming a dispute (“Dispute”) has arisen under this Privacy Policy, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c) Mediation

On receipt of that notice (“Notice”) by that other party, the parties to this Privacy Policy (“Parties”) must:

(i) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
(ii) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, each Party agrees that the Dispute must be referred for mediation in accordance with the laws of New South Wales in Australia.
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
(iv) The mediation will be held in Sydney, Australia.

(d) Arbitration

In the event that the Dispute is not resolved at the conclusion of the mediation, both parties are prohibited from instituting legal proceedings concerning the subject matter of the Dispute and the Dispute, controversy or claim arising out of, relating to or in connection with this Privacy Policy, including any question regarding its existence, validity or termination, will be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one (1). This clause may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.

(e) Confidential

All communications made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

11.4 Venue and Jurisdiction

In the event of any dispute arising out of or in relation to this Privacy Policy, you agree that the exclusive venue for resolving any dispute shall be in accordance with clause 11.3 above.

11.5 Governing Law

This Privacy Policy is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this Privacy Policy and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This Privacy Policy shall be binding to the benefit of the parties hereto and their successors and assigns.

11.6 Assignment

You agree for Saasyan to delegate, assign, novate and/or subcontract any obligations pursuant to this Agreement to any person without your consent.

11.7 Severance

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

11.8 Entire Agreement and Modifications

Both you and Saasyan confirm and acknowledge that:

(a) This Agreement shall constitute the entire agreement between you and Saasyan and shall supersede and override all previous communications, either oral or written, between the parties;
(b) No agreement or understanding varying or extending this Agreement shall be binding upon any party unless arising out of the specific provisions of this Agreement; and
(c) If for whatever reason there is inconsistency between this Agreement and any other agreement, this Agreement shall prevail.
(d) Unless it is otherwise intended, references to the singular includes the plural and vice versa.

12 UPDATES TO THIS PRIVACY POLICY

12.1 This privacy policy is available online via www.saasyan.com.au by clicking the “Privacy Policy” link located at the bottom of the website. Saasyan reserves the right to modify or amend this Privacy Policy at any time and for any reason, without notification.

12.2 Saasyan updates this Privacy Policy from time to time by posting a new version on its website. You shall be taken to agree to the Privacy Policy from the time the new policy is posted on the website.

12.3 This policy was last modified on 01/11/2016

13 CONTACT

13.1 Please contact Saasyan if you have any questions regarding this Privacy Policy.

Telephone: +61 2 8001 6632
Email: info@saasyan.com.au