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 for billing and customer relationship management purposes (including name; phone contact details; address information; email; username; 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.
9.1 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
10.2 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.
11.2 Dispute within Australia
(a) Compulsory Mediation
(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.
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
(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.
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
11.5 Governing Law
You agree for Saasyan to delegate, assign, novate and/or subcontract any obligations pursuant to this Agreement to any person without your consent.
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.
12.3 This policy was last modified on 01/11/2016
Telephone: +61 2 8001 6632