Last updated July 31, 2018

TERMS OF USE

Welcome, and thanks for using Communic8.

Please read this document carefully. It governs Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our website platform (including any desktop and mobile versions of it, and any of Our associated smartphone applications) and the services that We make available through Our platform.

To assist You, We have prepared summaries of Our Terms of Use. Our summaries are written above each clause immediately below. The summaries are not a substitute for reading the operative provisions of Our Terms of Use (the part that comes after each summary). The operative provisions of Our Terms of Use are legally binding. Our summaries are not legally binding, and do not limit the scope or operation of the operative provisions.

These Terms of Use define the terms and conditions under which You are allowed to use the Service in accordance with the Terms of Use, and how We will treat Your account while You access the Platform, whether or not You are a Member of the Platform.

Please carefully read the following policies and statements as they further define the terms and conditions under which You are allowed to use the Platform. If You don't agree with these terms and conditions, you must immediately discontinue Your use of the Platform:


Summary 1

By using Our platform, You agree to Our Terms of Use. Your use of Our Platform is also subject to Our Cookie Policy and Our Privacy Policy, which covers how We collect, use, share, and store Your personal information.

We may change Our Terms of Use at any time.

Operative Provision 1

1.  Acceptance and modification of these Terms of Use

1.1.  You may only access, browse and use our website platform (including any desktop and mobile versions of it, and any of Our associated smartphone applications) and the services that We make available through Our platform if You accept these Terms of Use. By accessing, browsing and/or using Our platform, You will be deemed to have confirmed that you have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use (including the Cookie Statement and Privacy Policy).

1.2.  We may modify and/or replace these Terms of Use from time to time without notice (except where You are a Member of Our Platform – in which case We will notify You of the update using the email address that You enter into Your Platform Account and upon subsequent logins after the date of change to these Terms of Use).

1.3.  We will always upload the latest version of these Terms of Use to this webpage.

1.4.  If You do not wish to accept these Terms of Use, You must not and cannot use the Platform or any part of it.


Summary 2

Capitalised terms in these Terms of Use are defined in this clause.

Operative Provision 2

2.  Definitions and Interpretation

2.1.  Definitions

In these Terms of Use:

Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday – Friday excluding public holidays in QLD.
Business Hours means 9:00am – 5:00pm on Business Days.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).
Platform means the Communic8 website platform owned and/or provided by Us, the homepage URL of which is https://www.communic8.com (including any sub-domain Member specific instances of our platform, i.e., https://member.communic8.com) and also includes the Platform Services and any content, images, text and other information appearing on any page or screen of the website platform and any source code and object code in the platform, and also refers to any desktop and mobile versions of the website platform and any of Our associated smartphone applications.
Platform Account means Your account on the Platform that is setup when You register on the Platform or subscribe to the Platform Services.
Platform Services means as set out in the Platform Services Description.
Platform Services Description means as set out at https://www.communic8.com/platform-services-description
Privacy Policy means Our Privacy Policy located at https://www.communic8.com/legal/privacy-policy.
Member means as set out in clause 5.1.
Member Data means as set out in clause 7.1.
Contact means a Members’ contact on the Platform. For example, when a Member uploads their distribution list on the Platform, integrates their instance of the Platform with another website or third-party service which provides a contact’s Personal Information, or uploads contact information directly in the Platform.
Visitor means a unregistered user accessing our websites.
Terms of Use means the terms and conditions set out on this webpage as amended by Us from time to time.
We, Our and Us means Communic8 Group Pty Ltd [ABN 26 139 494 054] of Level 3/155 Queen St, Brisbane City Qld 4000.
You means you, the person who accesses the Platform for any reason, whether or not You are a Member or a Member’s Contact of the Platform.

2.2.  Interpretation

In these Terms of Use:

(a)  Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.
(b)  A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party's legal representative prepared the provision.
(c)  Currency refers to Australian dollars.
(d)  A reference to a statute or regulation includes amendments thereto.
(e)  A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.
(f)   A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
(g)  A reference to time is to time in QLD (Queensland, Australia).
(h)  A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(i)  The words "includes", "including" and similar expressions are not words of limitation.


Summary 3

You can't use most of the functionality provided by the platform until You register.

Operative Provision 3

3.  Access and use of the Platform by nonmembers

3.1.  Nonmembers of the Platform may not use the Platform Services.


Summary 4

Your registration on Our platform is subject to Our approval. You and Your company are both responsible for Your or their breach of Our Terms of Use and for the security of Your login credentials.

Operative Provision 4

4.  Registration

4.1.  We reserve the right to accept or reject any person's registration on the Platform in Our absolute discretion.

4.2.  If You submit an application to register on the Platform, You:

(a)  will be deemed to have irrevocably warranted that during the application process You provided truthful and accurate information only;
(b)  will be deemed to have irrevocably warranted that You applied for registered on the Platform on behalf of and with the authority and consent of any business entity that you entered into the Platform Account registration form;
(c)  will be deemed to have irrevocably agreed to be jointly and severally liable for any breach of these Terms of Use by that business entity.

4.3.  You must ensure that You provide a valid email address at the time of registration.

4.4.  We reserve the right to send an email to You with a hyperlink which requires You to verify that You are the owner or operator of the email address entered by You during registration and to cancel/not approve Your registration on the Platform if Your rights to the email address are not so verified, or where You do not satisfy any of Our other eligibility criteria.

4.5.  If any of Your contact details or other information which You provide during the application process change, You must promptly update those details in Your Platform Account with Your up-to-date details and information.

4.6.  You must not provide Your Platform Account name or the password for Your Platform Account to any person. You agree and acknowledge that You shall be solely responsible for the confidentiality of Your username and password and any use of Your Platform Account (including unauthorised use).

4.7.  You must immediately notify Us if You become aware of any unauthorised use of Your Platform Account.

4.8.  If You think anyone is violating any of these Terms of Use, please notify Us immediately. If You think anyone has posted material that violates any protected marks or copyrights, then You can notify Us at the address provided in Our Copyright and Trademark Policy.


Summary 5

If You register on Our platform you must pay any applicable fees, including any early termination fees. If You don't pay us we can terminate your access to Our services.

Operative Provision 5

5.  Member plans and Service Charges

5.1.  Only users who have registered on the Platform and have a Platform Account ("Members") may access the Platform Services.

5.2.  You agree and acknowledge that if You become a Member You will have a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Platform Services for the purposes expressly described in the Platform Services Description.

5.3.  Each Member must pay the fees and charges set out in the Platform Services Description (or as otherwise agreed between Us and the Member in writing) for the plan selected during signup for a Platform Account, in consideration for the Member's subscription to the Platform Services ("Service Charges") at the time and in the manner set out in the Platform Services Description, plus any GST that is applicable in respect of the supply of the Platform Services to the Member. Any applicable GST is payable at the same time as the Service Charges.

5.4.  If the Platform Services Description specifies a minimum term for any subscription plan, then the subscription of a Member for the Platform Services is for that minimum term ("Minimum Term") and, unless otherwise specified in the Platform Services Description, cannot be cancelled or terminated by the Member prior to the expiry of the Minimum Term.

5.5.  A Member may only access the Platform Services solely for the purpose(s) specified in the Platform Services Description and subject to the provisions set out in the Platform Services Description and in these Terms of Use.

5.6.  You must pay all costs associated with accessing the Platform, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs, roaming charges and, if You are a Member, Service Charges.

5.7.  Without limiting Our rights and any other provision of these Terms of Use, if a Member fails to pay the Service Charges in accordance with the requirements of these Terms of Use, We may suspend and/or terminate the Member's access to the Platform Services and its Member Data hosted in the Platform Services.

5.8.  Upon a Member's cancellation or termination of the service, if the Member elects to maintain the hosting of their Platform published content, the Member must pay a monthly decommissioning fee. The decommissioning fees are set out in the Platform Services Description.


Summary 6

We don't control the payment gateway used on the platform and we are not responsible for it or its security practices.

Operative Provision 6

6.  Payment Requirements

6.1.  We utilise a third party payment gateway provided by Stripe ("Payment Gateway") to process payments made to Us via the Platform.

6.2.  If You are, or if You become a Member, each time You make a payment using the Payment Gateway You will be deemed to have acknowledged, understood and agreed:

(a)  that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway's software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
(b)  that except in respect of any Non-Excludable Guarantees, We do not warrant, guarantee or represent that unauthorised access to information and data cannot occur, and that We are not responsible for the performance or non-performance of the Payment Gateway;
(c)  that You have relied on Your own independent assessment and judgment in determining whether the Payment Gateway meets Your requirements; and
(d)  to comply with the applicable terms and conditions of, and privacy policy of, the Payment Gateway provider (collectively, the "Payment Gateway Agreement"), copies of which are available on the Payment Gateway provider website at https://stripe.com/.

6.3.  You indemnify Us in respect of all and any loss or damage We incur as a result of any breach by You of the Payment Gateway Agreement.

6.4.  We also currently accept payment of Service Charges by electronic funds transfer (EFT).  However, we plan to phase out this form of payment. Accordingly, we reserve the right to only accept payment of Service Charges via the Payment Gateway.

6.5.  All Service Charges must be paid within 14 days of invoice.


Summary 7

You own the data that you upload into Our platform. You have to get permission, where relevant, from the owner of the data before uploading it. We are not responsible if anything happens to that data.

Operative Provision 7

7.  Responsibility for and ownership of Member Data

7.1.  If You are a Member, We agree that as between You and Us, You own all data that You upload into the Platform Services ("Member Data").

7.2.  You agree and acknowledge that:

(a)  the Platform Services and/or Your Member Data may be hosted by Us or Our suppliers on hardware or infrastructure located in or outside Australia unless otherwise specifically arranged outside of this agreement; and
(b)  We may not own or operate the infrastructure upon which the Platform Services and/or the Member Data is hosted.

7.3.  If You are a Member, You warrant, agree and represent that:

(a)  You will only upload, input and transfer Member Data into and/or via the Platform Services or disclose Member Data to Us, which You are fully entitled and authorised to upload, input, transfer and disclose; and
(b)  Your Member Data and Our collection, use, storage and/or disclosure thereof in the course of providing the Platform Services, will not breach any applicable law or right of any person.

7.4.  If You are a Member, You license us on an irrevocable, non-exclusive, royalty-free, worldwide basis to use and publish your Member Data on the Platform as required by Us to provide the Platform Services.

7.5.  Each Member is solely responsible for the accuracy, legality and quality of all its Member Data and for obtaining any permissions, licenses, rights and authorisations necessary for Us to use, host, transmit, store and disclose the Member Data in connection with the provision of the Platform Services.

7.6.  If You are a Member, You acknowledge that Your access to Your Member Data that is hosted by the Platform Services is subject to Your compliance with these Terms of Use, including payment of any applicable Service Charges.

7.7.  Except in respect of any Non-Excludable Guarantee, You agree that We are not responsible for any loss, corruption or hacking of any Member Data.

7.8.  You indemnify Us in respect of any loss and damage We or any of Our suppliers incur in respect of any claim that any of Your Member Data is lost, unavailable or corrupted or the transmission, storage, disclosure, or access to any of Your Member Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.


Summary 8

Our platform might go offline from time to time.

Operative Provision 8

8.     Availability of Platform Services

8.1.  Subject to clauses 8.2, 8.3 and 8.4, while You are a Member of the Platform, We agree to use Our best endeavours to procure hosting of the Platform Services and the Member Data and to ensure that the Platform Services are available.

8.2.  The availability of the Platform Services to You will be subject, in addition to any other provisions set out in these Terms of Use, to any bandwidth limitations, database size limitations, throughput limitations and other technical and non-technical limitations or restrictions set out in the Platform Services Description, and any planned and unplanned maintenance of the Platform and/or Our hosting providers.

8.3.  You agree and acknowledge that the accessibility and use of the Platform, the Platform Services and the Member Data hosted by the Platform Services is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Platform and/or Platform Services and/or Member Data operate, interface with or connect to, and that We are not responsible for any non-performance of the Platform associated with any of those matters.

8.4.  Except in respect of any Non-Excludable Guarantee, We do not guarantee that the Platform, Platform Services or Member Data or access thereto will be uninterrupted or error-free and You release and indemnify Us in respect of any loss and damage that We may incur and/or claims and/or complaints You or your customers may have against Us in respect of any interruption, error or unavailability of the Platform, Platform Services or any Member Data.


Summary 9

We own the platform and all IP in the platform. You cannot infringe Our IP rights.

Operative Provision 9

9.  Usage Restrictions

9.1.  You may not make any use of the Platform except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Platform. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Platform or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the Platform or any content You obtain via the Platform (other than Your Member Data). In addition, You must not, nor may You permit any person to:

(a)  copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Platform and/or any content in the Platform (except any of Your Member Data) (except as expressly permitted by the Copyright Act 1968 (Cth));
(b)  do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
(c)  use the Platform in any way that infringes Our rights or the rights of any third party;
(d)  use the Platform to create any product or service that competes with the Platform; or
(e)  take any steps to circumvent any technological protection measure or security measures in the Platform.

9.2.  You must not use the Platform or any part of the Platform in any way which is in breach of any statute, regulation, law or legal right of any person.

9.3.  You must not use the Platform or any part of the Platform in breach of these Terms of Use or in breach of the Acceptable Use Policy (https://www.communic8.com/legal/acceptable-use-policy).


Summary 10

You cannot use the platform for any illegal purpose or to violate any person's legal rights.

We restrict certain types of businesses from using Our platform.

Operative Provision 10

10.  Acceptable Use Policy

10.1.  You agree that:

(a)  using the Platform to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms of Use;
(b)  using the Platform in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use;
(c)  using the Platform in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated" software or otherwise, is strictly prohibited by these Terms of Use;
(d)  introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by these Terms of Use;
(e)  revealing Your account password to others or allowing use of Your Platform Account by others is strictly prohibited by these Terms of Use;
(f)   using another person's name, username or password or otherwise attempting to gain access to the Platform Account of any other person is strictly prohibited by these Terms of Use;
(g)  using the Platform to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;
(h)  using the Platform to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
(i)  using the Platform to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited by these Terms of Use;
(j)  using the Platform to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited by these Terms of Use;
(k)  using the Platform to interfere with or deny service to anyone is strictly prohibited by these Terms of Use;
(l)  using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person's use of the Platform is strictly prohibited by these Terms of Use;
(m)  sending unsolicited email, SMS, or any communication messages through or to users of the Platform in breach of the Spam Act 2003 is strictly prohibited by these Terms of Use;
(n)  using purchased, rented, or third-party contact lists or email addresses for sending communications on the Platform is strictly prohibited by these Terms of Use;
(o)  using the Platform to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms of Use; and
(p)  use of the Platform in breach of any person's privacy (such as by way of identity theft or "phishing") is strictly prohibited by these Terms of Use.

10.2.  We do not allow accounts whose primary purpose is promoting or inciting harm toward others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate Your account if You send communications or messages or otherwise distribute any content that We determine, in Our sole discretion, contains either of the following:

(a)  “A Thread of Physical Harm”. This means any statement, photograph, advertisement, or other material that in Our sole judgement could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
(b)  “Hateful Content”. This means any statement, image, photograph, advertisement, or other material that in Our sole judgement could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote the discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

10.3.  We also may suspend or terminate Your account if We determine, in Our sole discretion, that You are either:

(a)  an organisation that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenants include statements or principals that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm; or
(b)  a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organisation as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
(c)  a person or organisation that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

10.4.  We also may suspend or terminate Your account if We determine, in Our sole discretion, that Your business' primary purpose is:

(a)  Cryptocurrency sales, marketing, transactions, exchange, storage or the production of virtual currencies and any kinds of digital assets related to Initial Coin Offering (ICOs)
(b)  Gambling services, products or schemes
(c)  Multi-level or affiliate marketing
(d)  Pharmaceutical product offers and discounts
(e)  Online dating or escort services
(f)  Lead generation opportunities
(g)  Work from home opportunities or make money online offers
(h)  Get out of debt opportunities, urgent cash offers and credit repair
(i)  Pay lending offers
(j)  List rental services and list brokers
(k)  Selling social media “Likes” or followers


Summary 11

We own the platform and all IP in the platform. We also own all improvement suggestions that you make regarding the platform.

Operative Provision 11

11.  Intellectual Property Rights

11.1.  You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.

11.2.  As between You and Us, except in respect of Your Member Data, We own all Intellectual Property Rights in the Platform.

11.3.  You have no rights in the Platform or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use.

11.4.  You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Platform or requests for new Platform features (each, an "Improvement Suggestion") becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Platform or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Platform, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.

11.5.  You must not take any step to invalidate or prejudice Our (or Our licensors') Intellectual Property Rights in the Platform or otherwise. Without limiting the foregoing provisions, You must not register any security interest or purchase money security interest on the Personal Property Securities Register, or otherwise encumber or charge Your rights in respect of Your Member Data or with respect to the rights granted to You by these Terms of Use to use the Platform.


Summary 12

We cannot be held responsible for the conduct of Our users.

Operative Provision 12

12.  Responsibility for other users

12.1.  We do not accept responsibility for the conduct of any users of Our Platform.

12.2.  If You believe that another user of Our Platform has breached these Terms of Use please contact Us.

12.3.  We are not a party to any transaction for the supply of goods or services advertised by any user of the Platform. Before entering into any transaction with any other user of the Platform, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.

12.4.  Any dispute You have with another user of Our Platform is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Platform and in respect of any content uploaded by or on behalf of any user into the Platform.

12.5.  We check content entered into or uploaded into the Platform from time to time, but We do not review or moderate all content. If We become aware of content that breaches our Acceptable Use Policy (see clause 10) We will remove the content and send an email to the person who uploaded or entered it explaining why it was removed. If You become aware of any content that You think breaches the Acceptable Use Policy set out in clause 10 above, please contact Us.


Summary 13

We are not responsible for any claims made by third parties.

Operative Provision 13

13.  Responsibility for third party claims

13.1.  You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:

(a)  Your use of the Platform; and/or
(b)  Your goods and/or services and/or your advertising and/or sales and/or marketing practices.


Summary 14

Apple and Google are not responsible for any smartphone apps that You use in connection with the Platform.

Operative Provision 14

14.  App-Specific Provisions

14.1.  The provisions of this clause 14 apply only to Your use of any Platform smartphone application that You download from the Apple App Store or Google Play (each, an App).

14.2.  You agree that this Terms of Use is an agreement between You and Us and not between You and Apple, or You and Google. As between Us and Apple Inc., and as between Us and Google Inc., We are solely responsible for any product warranties pertaining to the App, whether express or implied by law, to the extent not otherwise effectively disclaimed under these Terms of Use.

14.3.  In the event of any failure of the App to conform to any applicable warranty and where the warranty relates to Your use of a version of the App downloaded through the Apple App Store You may notify Apple, and Apple will refund the purchase price for the App to You (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be Our sole responsibility.

14.4.  You and We each acknowledge that, subject to clause 14.5, as between You and Us, We, and not Apple or Google, are responsible for addressing any of Your claims relating to the App or Your possession and/or operation of the App, including, but not limited to: (i) product liability claims made in respect of the App; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation in respect of the App.

14.5.  Notwithstanding the provisions of clause 14.2, 14.3 and 14.4, and for the avoidance of doubt, You agree:

(a)  to release and indemnify Us from any claims that You or any other person might otherwise have (including any claims arising under consumer protection or similar legislation in respect of the App and any other claims, losses, liabilities, damages or expenses) which relate to Your acts or omissions;
(b)  You, and not Us, will be solely responsible for any of the matters referred to in clauses 14.2, 14.3 and 14.4to the extent they are caused or contributed to by You.

14.6.  We and You each acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance or support services with respect to the App.

14.7.  You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

14.8.  We and You each acknowledge and agree that Apple and Google, and Apple's and Google's respective subsidiaries, are third party beneficiaries of these Terms of Use, and that Apple and Google will each have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against You as a third-party beneficiary of these Terms of Use.


Summary 15

We are not responsible for third party sites.

Operative Provision 15

15.     Hyperlinks

15.1.  We do not represent, recommend or endorse any websites to which We have linked from the Platform via hyperlink or otherwise.


Summary 16

Our liability is limited in many ways.

Operative Provision 16

16.  Liability

16.1.  Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Platform is accurate, correct, up-to-date or error free.

16.2.  The information on the Platform is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Platform.

16.3.  To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.

16.4.  Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), We will not have any liability to You for any loss or damage howsoever incurred in relation to Your use of or inability to use the Platform, or with respect to any of the circumstances addressed in clause 13.1.

16.5.  Any goods and services supplied by Us through the Platform (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Member of the Platform to any person) may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a 'consumer' of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended.   

16.6.  If the goods or services supplied by Us to You through the Platform (which for the avoidance of doubt, includes the Platform Services supplied by Us, but does not include goods or services supplied by any user or Member of the Platform to any person) are supplied to You in Your capacity as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, where it is fair and reasonable to do so, at Our option, to one or more of the following:

(a)  if the breach relates to goods:

(i)  the replacement of the goods or the supply of equivalent goods;

(ii)  the repair of such goods;

(iii)  the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)  the payment of the cost of having the goods repaired; and

(b)  if the breach relates to services:

(i)  the supplying of the services again; or

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

16.7.  Any warranty against defects provided by Us to You in Your capacity as a 'consumer' under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.

16.8.  Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.

16.9.  To the extent that Our liability is not otherwise excluded by these Terms of Use, subject to any Non-Excludable Guarantees, Our liability to You is limited to the aggregate sum of the Service Charges paid by You to Us.


Summary 17

You and We can terminate your access to the platform under certain conditions. We will give you a refund in certain circumstances.

Operative Provision 17

17.1  Termination

17.1.  If you are not a Member, We may terminate these Terms of Use and Your access to the Platform or any part of it at any time without notice.

17.2.  If You are a Member, We may terminate these Terms of Use and Your access to the Platform by notice to You if:

(a)  You breach any material term of these Terms of Use; or
(b)  where reasonably necessary to protect Our legitimate commercial interests.

17.3.  We may take down the Platform or any part of it or take the Platform or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.

17.4.  Termination of these Terms of Use and access to the Platform does not affect any accrued rights of either party.


Summary 18

Notices between You and Us are deemed to be delivered at different times, depending on how and when they are sent.

Operative Provision 18

18.     Notices

18.1.  Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use Your contact details for your Platform Account.

18.2.  You may contact Us or send a notice to Us using Our contact details that are specified on Our website at https://www.communic8.com/about.

18.3.  Any notice issued by hand shall be deemed delivered upon delivery.

18.4.  Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.

18.5.  Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.

18.6.  We may send You email or other electronic messages concerning Your Platform Account and the Platform from time to time.  


Summary 19

We can reference You as a customer of our Platform.

Operative Provision 19

19.     Customer Reference

19.1.  You agree (i) that We may identify You as a recipient of services and use Your logo in sales presentations, marketing materials and press releases, and (ii) to develop a brief customer profile for use by Us on Our website for promotional purposes.


Summary 20.1

We reserve our rights.

Operative Provision 20.1

20.     General

20.1.  Other rights: All rights not expressly granted to Us in these Terms of Use are expressly reserved by Us.


Summary 20.2

We can change these Terms of Use at any time. If You are unhappy about the changes, You can terminate Your subscription.

Operative Provision 20.2

20.2.  Amendment: These Terms of Use may be amended by Us at any time. If you are a Member, We will notify You of the amendments by providing notice in writing or via email (Amendment Notice) and if You do not agree to the amendments You can cancel Your subscription to the Platform Services if the amendment is detrimental to You by providing written notice to Us within 7 days of your receipt of the Amendment Notice.  If You provide Us with that notice, We will refund to You any part of any Service Charges paid by You for access to the Platform Services that You have paid to Us in advance in respect of a period of time that has not expired as at the date of cancellation.


Summary 20.3

You cannot transfer Your rights under these Terms of Use unless We approve the transfer. We can transfer Our right and obligations at any time.

Operative Provision 20.3

20.3.  Assignment: You may not assign, transfer, license or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, licence or novate Our rights or obligations under these Terms of Use at any time, subject to Our Privacy Policy.


Summary 20.4

If part of these Terms of Use are not legally binding, the rest still are.

Operative Provision 20.4

20.4.  Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.


Summary 20.5

We are not partners, employers or employee or any other special commercial relationship.

Operative Provision 20.5

20.5.  Relationship: You and Us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.


Summary 20.6

Our liability is only limited to the extent permitted by law.

Operative Provision 20.6

20.6.  Australian Consumer Law: The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but We do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, We do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.


Summary 20.7

These Terms of Use set out Our entire agreement.

Operative Provision 20.7

20.7.  Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.


Summary 20.8

These Terms of Use will be subject to the law of Queensland, Australia.

Operative Provision 20.8

20.8.  Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in Queensland, Australia. You and Us irrevocably submit to the non-exclusive jurisdiction of the courts situated in Queensland, Australia.

 

Last updated July 31, 2018

SERVICE LEVEL AGREEMENT

This Communic8 Service Level Agreement (“SLA”) between Communic8 Group Pty Ltd, Inc. (“Communic8”, “us” or “we”) and users of the Communic8 Platform Services (“you”, “your”) governs the use of the Communic8 Platform under the provisions of the Communic8 Terms of Use (the “Terms”).

Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.

1. Communic8 Service Commitment: 99.95% Uptime

Communic8 will use commercially reasonable efforts to make your Communic8 Platform Services running in your dedicated environment available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.

2. Definitions

“Maintenance” means scheduled Unavailability of the Communic8 Platform Services, as announced by us prior to the Communic8 Platform Services becoming Unavailable.

“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Communic8 Platform Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.

“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.

“Unavailable” and “Unavailability” mean, your dedicated Communic8 Platform Services instance is not running or not reachable due to Communic8’s fault.

3. Service Commitments and Service Credits

Service Credits are calculated as a percentage of the total charges due for your Communic8 Platform Account fees during the monthly cycle in which the Unavailability occurred, in accordance with the schedule below:

  • For Monthly Uptime Percentage less than 99.95% but equal to or greater than 95.1%, you will be eligible for a Service Credit of 10% of your monthly Platform fees

  • For Monthly Uptime Percentage less than 95.1% but equal to or greater than 90%, you will be eligible for a Service Credit of 20% of your monthly Platform fees

  • For Monthly Uptime Percentage less than 90%, you will be eligible for a Service Credit of 100% of your monthly Platform fees

  • We will apply any Service Credits only against future payments for the Platform Services otherwise due from you. Service Credits will not entitle you to any refund or other payment from Communic8. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account.

4. Sole Remedy

Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Platform Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

5. Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by emailing support@communic8.com. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

  • the words “SLA Credit Request” in the subject line;

  • the dates and times of each Unavailability incident that you are claiming; and

  • logs that document the errors and corroborate your claimed outage

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

6. SLA Exclusions

The Service Commitment does not apply to any Unavailability:

  1. That results from a suspension or termination of your Platform Account based on you violating our Acceptable Use Policy;

  2. Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Communic8 network;

  3. That results from any actions or inactions of you or any third party;

  4. That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);

  5. That results from failures of our Platform Services not attributable to Unavailability; or

  6. That results from any Maintenance.

If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

Last updated July 31, 2018

COOKIE STATEMENT

Communic8.com is owned and operated by Communic8 Group Pty Ltd (“Communic8”, “Us”, “We”, or “Our”).  While cookies are not strictly necessary for the provision of Our website platform and service, We do ask You to consent to Our use of cookies when You first visit Our public website and first register for Our paid service.

This Cookie Statement explains Our use of cookies on the Communic8 Platform and public Communic8 website, such as https://www.communic8.com and any Member specific sub-domains of the Communic8.com domain (for example, https://member.communic8.com), and all  or any website or mobile application owned, operated or controlled by Us (each and collectively, “Service”, “Platform”, “Mobile Application”,  “Websites” or “Website”), and when Our Members’ Contacts visit websites operated by Our Members or open or interact with Our emails, SMS text messages, mobile notifications, social media posts and mobile application messaging delivered through the Platform.­

This Cookie Statement explains what this technology is and why We use cookies, including Your rights to control Your use of them. This Cookie Statement is part of Our Terms of Use (https://communic8.com/legal/terms-of-use) and is incorporated within Our Terms of Use. Any terms which are capitalized and not defined in this Cookie Statement have their meanings defined in those terms in Our Privacy Policy (https://communic8.com/legal/privacy-policy). In this Cookie Statement, “You” and “Your” are all references to the user of Our platform, you, in the context of being a Member, Contact or Visitor (as defined in our Terms of Use).

Cookies do not typically contain any Personal Information that can identify the You, but information We store about You on our Platform may be linked back to Your cookie information. See Our Privacy Policy (https://communic8.com/legal/privacy-policy) for more information regarding how We process Your Personal Information.

 

WHAT ARE COOKIES?

Cookies are small data files containing an identifier (a string of letters and/or numbers) that is passed from the web server to the user’s web browser when visiting a website and the cookie remains valid until its expiration date; unless the user deletes (“clears”) the cookie or cookies from their browser. The cookie holds information about the user’s visit to the website and is sent back to the web server when the user’s browser visits the website. Cookies typically are used by online service providers to make their websites or services work or work more efficiently with the objective of improving the user’s experience. Furthermore, cookies are sometimes used for reporting information about the user’s visit to the website.

Cookies that are set by Us within Our Platform are called “first-party cookies”. Cookies set by parties other than those set within Our Platform are called “third-party cookies”. Third-party cookies enable third-party features or functionality to be provided on or through the website you are using (such as added functionality, usability improvements and analytics). The third parties that set these third-party cookies can recognise Your computer both when it visits the website or service in question.

 

WHY DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We use cookies for several reasons that fall into the following categories:

  • Technical: these cookies are essential to the operation of Our Platform. Without these cookies, certain features and functionality of the Platform will not function properly, such as authentication or granting You access to more secure areas of the Platform. User authentication is one example of a technical requirement for the use of cookies in order to know that You are successfully logged in and have authorisation to use various functionality within Our Platform. Without this type of cookie set in the Your browser, You would be required to re-authenticate constantly while interacting within the Platform.
  • Functional: these types of cookies allow Us to tailor Your interactions within Our Platform so We can provide You with a better user experience.  For example, We use cookies to remember previous selections or choices You make so that when You later return to the same functionality You don’t have to make those choices again.
  • Tracking: using cookies and various tracking technologies, We enable Our Members to view and report on their Contacts use of our services. These analytics enable Our Members to see the behaviours and usage of Our Service by their Contacts. This type of data is usually viewed in an aggregated format to provide general behaviours of the Platform users.

 

COOKIES SERVED THROUGH OUR WEBSITES AND THIRD-PARTY SERVICES

The specific types of cookies served through Our Platform by Us and other third-party services and the corresponding purposes that these cookies perform are described in more detail below. Third-party cookies are those set in your browser by other third-party services We use to provide additional functionality across Our Platform. For example, Google Analytics is incorporated across Our Platform to provide additional reporting and analytics about Our Member Contacts. Google sets cookies to distinguish Our Platform Members and their preferences.

You can block or remove these cookies by changing Your browser settings, as described under the section titled “Managing Cookies” in this statement.

 

COOKIE DETAILS

 

Name: pitchbubble.sid

Description: Used to maintain authentication once the Member or Contact is logged in to Our Platform.

Category: Technical

Third-party: No


Name: selectedTheme

Description: Used to customise the design of Our Platform.

Category: Technical

Third-party: No


Name: _gid, _ga, _gat

Description: Used by Google to store Member and Contact preferences and distinguish them while using Our Platform.

Category: Tracking

Third-party: Yes (Google)


Name: commonHelperServiceMemory

Description: Used to remember Member and Contact interface preferences in Our Platform.

Category: Functional

Third-party: No


Name: _pk_ref, _pk_cvar, _pk_id, _pk_ses

Description: Used to maintain authentication once the Member or Contact is logged in to Our Platform.

Category: Tracking

Third-party: Yes (Matomo)


Name: (Randomly-named cookie)

Description: Used to remember if a Member’s Contact has previously submitted feedback while using Our Platform.

Category: Functional

Third-party: No


OTHER TRACKING TECHNOLOGIES

When You use the Platform, We may collect certain information automatically about Your device and Your use of the Services. This may include Your IP address, browser type, date, and time associated with each open and click and other information regarding Your computer system, activity and connection. We also collect information regarding the performance of the Platform, including metrics related to communication deliverability, such as emails and other electronic communications You send through the Platform. This information allows Us to improve the operation of the Platform. For example, We use web beacons in Member emails to Contacts delivered using Our Platform through third-party services. Web beacons are tiny graphic files that contain unique identifiers that enable Us and our Members to recognize when their Contacts have opened an email or clicked certain links. These web beacons track certain behaviour such as whether the email sent through the Platform was delivered, opened, clicked on, and whether it bounced or was treated as spam. This critical function allows Us to measure the performance of Our Member’s email messages to their Contacts, and to provide analytics information and enhance the effectiveness of Our Platform.

 

MANAGING COOKIES

You have the right to decide to accept or reject cookies. Most browsers allow You to refuse to accept cookies and to delete or “clear” those cookies. While the methods for doing so vary based on browser and version, You can review current information from the links below or visit Your browser’s help menu for more information. Blocking all cookies will negatively impact, or in some cases, disable features of many websites including Our Platform:

 

HOW OFTEN WILL WE UPDATE THIS COOKIE STATEMENT?

Our Cookie Statement will be updated from time to time in order to reflect changes in the cookies We use on Our Platform, or for operational or regulatory reasons. We encourage You to re-visit this statement to stay informed about changes to Our Cookie Statement and related technologies.

See the date at the bottom of this Cookie Statement which indicates when it was last updated.

 

WHERE CAN I GET MORE INFORMATION?

If you have any questions about Our use of cookies or other technologies, please email Us at:

Attn: Privacy Representative
privacy@communic8group.com

 

Last updated July 31, 2018

PRIVACY POLICY

 

This Privacy Policy describes how Communic8 Group Pty Ltd manages personal information of our registered customers (“Members”, “Member”) and the Members’ contacts (“Contacts”, “Contact”) and visitors to our websites and Platform (“Visitors”, “Visitor”). In this Privacy Policy, "we", "our" and "us" are all references to Communic8 Group Pty Ltd ABN 26 139 494 054 of Level 3/155 Queen St, Brisbane City QLD 4000 Australia. In this Privacy Policy, “you” and “your” are all references to the user of our platform in the context of being a Member, Contact or Visitor.

 

OUR LEGAL OBLIGATIONS

We are committed to respecting your privacy and complying with our privacy obligations in accordance with all applicable data protection laws, including the Australian Privacy Principles contained in Schedule 1 to the Privacy Act 1988 (Cth) (the "Privacy Act"). We also comply with the EU General Data Protection Regulation ("GDPR") in relation to all personal data that we process ("GDPR Data").

 

ABOUT THIS PRIVACY POLICY

This Privacy Policy sets out our policy on the collection, use and disclosure of your personal data on the Platform, and how you can exercise your privacy rights. Our Platform Services are intended for use by our Members, and as a result, for much of the personal information we collect and process about Contacts through the Platform Services, we act as a processor on behalf of our Members. Communic8 Group Pty Ltd is not responsible for the privacy or security practices of our Members, which may differ from those set forth in this Privacy Policy. 

Communic8 is a communications engagement platform targeting enterprise communication, sales and marketing, and organisational change management (collectively, our "Platform Services"). In accordance with our statutory obligations under the Privacy Act, this Privacy Policy also describes:

  • The period for which we store personal data;

  • Your rights to access and rectify or to request erasure of personal data;

  • Your right to withdraw consent to the processing of personal data;

  • The right to lodge a complaint with the Office of the Australian Information Commissioner (or in the case of the GDPR, the relevant supervisory authority);

  • Why we collect and process personal data, the categories of personal data that we process, and who we disclose it to;

  • Details of the security measures that we take to help protect your personal data;

  • Other information about how we collect, use, disclose and process personal data.

 

SUMMARY OF KEY POINTS

 

Our identity and contact details

Communic8 is owned and operated by Communic8 Group Pty Ltd ABN 26 139 494 054 of PO Box 1117, Kenmore, Qld 4069. Relevant contact details are set out at the end of this Privacy Policy.


Personal data that we process

- Subscription/registration, payment, transaction and profile data

- Data entered into and/or uploaded into the Platform Services by our Members, Contacts and Visitors when accessing the Platform Services

- Data relating to communications between us and our Members and Members’ Contacts

- Analytics data

- Cookies data


The purposes for the processing

We process personal data in order to provide our Platform Services and for other reasons set out in our Privacy Policy. We only process personal data in accordance with our legitimate interests and otherwise in accordance with applicable data protection laws. With respect to cookies, where we are required to do so by applicable law, we rely on user consent as our lawful basis for processing. See our Cookie Policy at https://www.communic8.com/legal/cookie-statement for further information about how we address our legal obligations with respect to cookies.


Who we disclose personal data to

We only disclose personal data to third parties who perform services on our behalf to the extent necessary for them to perform those services. We do not sell personal data to third parties for their own marketing purposes and we only disclose the minimum amount of personal data required. We may disclose personal data that we collect to third parties for all or any of the purposes set out in this Privacy Policy.


Security

We take our privacy obligations very seriously. Accordingly, we only process personal data in a manner that ensures appropriate security of the personal data, including by protecting the personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage using appropriate technical or organisational measures. Our Privacy Policy and Security Policy provides detailed information about the security measures that we take to protect personal data.


Transfer of data to other countries

We may transfer your personal data to our contractors and service providers who assist us with providing our products and services to you, where we consider it necessary for them to provide that assistance. For the full list of potential regions and countries where our data may be transferred to or from, see our AWS Global Infrastructure list of regions and availability zones documented at the following URL:  https://aws.amazon.com/about-aws/global-infrastructure/ We comply with the Privacy Act 1988 (Cth) and where applicable, the GDPR, when we transfer personal data overseas.


Cookies

We use cookies on Communic8 where strictly necessary to provide you with our Platform Services. If we request your consent and you consent to our use of a cookie, you may withdraw your consent to our use of those cookies at any time. See our Cookie Statement for more information about the cookies we use and how to withdraw your consent. https://communic8.com/legal/cookie-statement


Your rights

If we collect personal data about you, you have rights under the Privacy Act 1988 (Cth) (and the GDPR – where the GDPR applies) that we must and will honour in relation to your personal data. These rights are described in this Privacy Policy, the Privacy Act and the GDPR.


How long we store personal data for

Only for as long as is necessary. In relation to personal data that we collect through our online platform, we only retain this personal data for 30 days after the end of the provision of services relating to the processing. We will destroy (or de-identify the personal data where we are entitled to do so) or return it to the relevant data subject.


Automated decision making

We do not use automated-decision making in our business.


If we decide to change this Privacy Policy, we will post the updated version on this webpage so that you will always know what personal data we gather, how we might use that information, and whether we will disclose it to anyone.  If you are a Member of our Platform Services that we make available via Communic8, we will notify you of any changes to our Privacy Policy by sending an email to you using the email address that you provide to us when subscribing to Communic8 or any new email address that you specify in your account on Communic8.

 

PERSONAL DATA

In this Privacy Policy, "personal data” has the meaning given in the GDPR.

The Privacy Act defines "personal information" as information or an opinion about an identified individual, or an individual who is reasonably identifiable:

  • whether the information or opinion is true or not; and

  • whether the information or opinion is recorded in a material form or not.

Note: Section 187LA of the Telecommunications (Interception and Access) Act 1979 extends the meaning of personal information to cover information kept under Part 5‑1A of that Act.

Article 4(1) of the GDPR defines "personal data" as any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

PRINCIPLES RELATING TO THE COLLECTION OF PERSONAL DATA

Our policy is to minimise the amount of personal data we collect. Accordingly, we only collect personal data that is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

We collect personal data that you give us, whether by email, telephone, in person, via application forms or otherwise. We may also obtain personal data directly from third parties such as our resellers, related companies, installers, sales agents and any of their representatives.  In addition, we may obtain personal data from public sources, where available. However, if it is reasonable and practicable to do so, we will collect personal data about an individual only from that individual.

We will only collect personal data for specified, explicit and legitimate purposes and we will not further process personal data that we collect in a manner that is incompatible with those purposes. If you enter and/or upload into the Platform Services and/or otherwise provide us with personal data about any person other than you, please notify us so that we can ensure that the data subjects are provided with the information required by Australian Privacy Principle 5 and Article 14 of the GDPR.

We will not collect personal information (other than sensitive information) unless the information is reasonably necessary for one or more of our entity's functions or activities and we will not collect sensitive information unless you consent to the collection and the sensitive information is reasonably necessary for one or more of our functions or activities, or we collect it pursuant to subclause 3.4 of the Australian Privacy Principles. Please notify us if you are not of consenting age (16 years) or not otherwise able to provide us with consent, and if so do not provide us with any consent for the purposes of applicable privacy law.

We will not process any data that is personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation, except where permitted by the Australian Privacy Principles and the GDPR.

 

PERSONAL DATA THAT WE COLLECT AND HOW WE USE IT

Our policy is to minimise the amount of personal data we collect. Accordingly, we only collect personal data that is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

The personal data that we collect and how we use it is as follows:

  • Subscription/registration, payment, transaction and profile data: If you register or subscribe to our Platform Services, as a Member we will collect and otherwise process the following categories of personal data: names, telephone numbers, mobile numbers, email addresses, business addresses, records of products and services purchased by our subscriber and any end users using the Platform Services. We will process this personal data in order to administer our Member subscriptions, registrations and accounts on the Platform Services, for the purposes of providing our Members with access to and use of the Platform Services, to enforce our Members’ obligations to pay the fees and charges to us and to otherwise enforce compliance by our Members with our Terms of Use and the contractual obligations that they owe to us. We will also process this personal data in order to provide our Members with information and assistance about the Platform Services, and to communicate with our Members in connection with any maintenance notices (that we may issue when the Platform Services are unavailable), renewal notices and service status updates for the purposes of keeping our Members informed and up to date about the status of our Platform Services.

  • Data entered into and/or uploaded into the Platform Services by you when accessing the Platform Services: We collect and process any personal data that you upload or enter into the Platform Services either manually or via computer systems, smartphone devices and tablets, namely: names, mobile numbers, email addresses and business addresses. The Platform Services will also process any other personal information that you voluntarily enter or upload to Communic8. We will process this personal data on behalf of you in our capacity as a processor in order to provide you with the Platform Services and the functionality provided by the Platform Services in accordance with their specific instructions (unless applicable law to which we are subject requires other processing of that personal data by us, in which case we will inform you of that legal requirement, if applicable (unless that law prohibits us from doing so on important grounds of public interest). We will also process this personal data as a controller to monitor compliance with the terms and conditions of our Terms of Use, to maintain backups of our databases and to detect unauthorised use and faults with the Platform Services (such as, by examining log files and error messages). The personal data will also be used to provide you with professional services (including technical support and training services) if and where required pursuant to our Terms of Use.

  • Data relating to communications between us and you: When you contact us, we will collect and process personal data including your name, your IP address and any other personal data that you provide to us during the communications. For example, you may contact us to ask questions about our Platform Services, seek technical support or advice and to express interest in subscribing to the Platform Services or for the purposes of upgrading or modifying your account on our platform. We will process this personal data in order to provide you with information and assistance about the Platform Services, and to communicate with you in connection with any breach, expiry, termination or suspension of the Platform Services.

  • Analytics data: We collect and process personal data known as analytics data for statistical and analytical purposes, designed to measure and monitor how our Platform Services are being used and to highlight any areas for improvement, optimisation and enhancement of the Platform Services, including your location, IP addresses, cookie data, information about devices accessing the Platform Services (IP address, the type of device used to access the Platform Services and the operating system), the amount of time you spent on our cloud platform and in which parts of the platform, and the path you navigated through the platform. We will process this personal data in order to monitor and detect unauthorised use of the Platform Services and to establish how the Platform Services are used and to highlight areas for potential improvement of the Platform Services. We often aggregate this data with other data. However, where the data is classified as personal information (or in the case of GDPR Data, personal data) we treat it in accordance with this Privacy Policy.

  • Cookies: We use cookies on Communic8. However, we will not use cookies without your express consent, unless the cookies are strictly required in order for us to provide the Platform Services. Cookies are pieces of information that a web site transfers to a computer's hard disk for record-keeping purposes. This helps us tailor and improve the information we present to you, promoting higher end user satisfaction when you visit our site. The use of cookies is common in the Internet industry, and many major web sites use them to provide useful features to their end users. A cookie may be used to tell when your computer or device has contacted Communic8. Cookies may also be used to personalise your experience with us. Where we request your consent for a cookie we will explain to you what the cookie is proposed to be used for, what information it collects, and give you an opportunity to withdraw your consent to the placement of the cookie on your machine or device if you do consent. You may configure your web browser on your computer or device to reject or block cookies if you wish. If we request your consent to a cookie and you consent to our use of the cookie, you may withdraw your consent to our use of the cookie on your computer or device at any time by contacting us. For more detailed information about our use of cookies on Communic8, read our Cookie Statement found here: http://www.communic8.com/legal/cookie-statement

 

AUTOMATED DECISION MAKING

We do not use automated-decision making in our business.

 

WHO WE SHARE PERSONAL DATA WITH

We only disclose personal data to third parties who perform services on our behalf to the extent necessary for them to perform those services. We do not sell personal data to third parties for their own marketing purposes and we only disclose the minimum amount of personal data required. We may disclose personal data that we collect to third parties for all or any of the following purposes:

  • To provide you with the Platform Services – in which case we disclose your personal data to our upstream hosting suppliers who host Communic8 and the personal data that you enter into and/or upload in to the Platform Services. Our hosting suppliers host that personal data on their computer servers;

  • So that we can obtain assistance with the provision of the Platform Services – in which case we may disclose your personal data to members of our corporate group who we may subcontract the provision of all or part of the Platform Services to;

  • Handling claims and complaints – in which case we may disclose your personal data to our lawyers and insurers;

  • In order to identify you - when we are contacted with questions or concerns regarding the products and services we provide;

  • In order to configure a new service for you;

  • In order to record billing details in which case we provide your bank account and credit card details to our bank and merchant facility providers;

  • In order to interface with third party platforms – where you configure your account on Communic8 or use the Platform Services to do so – in which case we will disclose personal data that you upload or enter into Communic8 as necessary for that interfacing to occur;

  • For professional advice - when providing information to our legal, accounting or financial advisors/representatives or debt collectors for debt collection purposes or when we need to obtain their advice, or where we require their representation in relation to a legal dispute;

  • If we sell the whole or part of our business of Communic8 or merge with another entity – in which case, we will provide to the purchaser or other entity the personal data that is the subject of the sale or merger;

  • Where required by law.

 

We may also provide your personal data to our lawyers, insurers and professional advisors and any court or administrative body, for one or more of the following purposes:

  • To obtain professional advice;

  • To obtain or maintain insurance;

  • The prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;

  • To protect or enforce our rights or defend claims;

  • Enforcement of our claims against you or third parties;

  • The enforcement of laws relating to the confiscation of the proceeds of crime;

  • The protection of the public revenue;

  • The prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;

  • The preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of the court or tribunal.

  • Where disclosure is required to protect the safety or vital interests of employees, end users or property.

 

THIRD PARTY PLATFORMS

Communic8 may include links to, or interface with third party websites and platforms. Our linking to those websites and platforms does not mean that we endorse or recommend them. Where you use Communic8 or the Platform Services to provide personal data to a third party website or platform, you do so at your own risk. We do not warrant or represent that any third party website or platform operator complies with applicable data protection laws. You should consider the privacy policies of any relevant third party websites and platforms prior to sending your personal data to them.

You may interact with social media platforms via social media widgets and tools such as the Facebook Like button and the Facebook pixel that may be installed on Communic8. These widgets and tools may collect your IP address and other personal data. Your interaction with such widgets and tools, and any single sign-on services such as Open ID is governed by the privacy policies of the relevant social media operators and single sign-on service providers – please read them so that you are aware of how they process your personal data.

 

SECURITY

We take our privacy obligations very seriously. Accordingly, we only process personal data in a manner that ensures appropriate security of the personal data, including by protecting the personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage using appropriate technical or organisational measures.

The technical and organisational measures that we have implemented are as follows:   

  • We maintain physical security measures in our buildings and offices such as door and window locks and visitor access management, cabinet locks, surveillance systems and alarms.

  • We require all of our employees and contractors to comply with privacy and confidentiality terms and conditions in their employment contracts and subcontractor agreements.

  • We carry out security audits of our systems which seek to find and eliminate any potential security risks in our electronic and physical infrastructure as soon as possible.

  • We have a Data Breach Response Plan in place

  • We have data backup, archiving and disaster recovery processes in place

  • We have processes in place to ensure integrity and resilience of systems, servers and personal data

 

IF YOU REFUSE TO PROVIDE US WITH PERSONAL DATA

You can only browse limited pages of Communic8 without registering as a Member of Communic8, such as the pages that generally describe the services that we make available through Communic8, and our Contact Us page. However, when you become a Member of Communic8, we need to collect personal data from you in order to identify you and setup an account for you on Communic8. We will also collect personal data from you when you use the Platform Services when you enter the personal data into Communic8, when you contact us for technical support and assistance with your account, when gathering analytics data about your use of Communic8 and for the other purposes set out above in the Privacy Policy. You have the option of not identifying yourself or using a pseudonym when contacting us to enquire about our Platform Services, but not if you wish to actually access our Platform Services or use any of our other services. It is not practical for us to provide you with the Platform Services if you refuse to provide us with personal data.

 

SPAM EMAIL

We do not send "junk" or unsolicited e-mail in contravention of the Spam Act 2003 (Cth). We will, however, use e-mail in some cases to respond to inquiries, confirm purchases, or contact you. These transaction-based e-mails are automatically generated. Anytime you receive e-mail that you do not want from us you can request that we not send further e-mail by contacting us via email at: support@communic8.com Upon receipt of any such request, we will remove you from our database to ensure that you cease to receive automated emails from us.

If, as a Member’s Contact, you no longer want to be contacted by one of our Members through our Platform Services, please unsubscribe directly from that Member’s email opt-out or contact the Member directly to update or delete your data. If you contact us directly, we may remove or update your information within a reasonable time and after providing notice to the Member of your request.

 

CONTRACTORS AND OFFSHORE PROVIDERS

Subject to the following section "GDPR offshore transfers", and provided that we comply with the provisions of the Australian Privacy Principle 8 (Cross-border disclosure of personal information), we may transfer your personal data to our contractors and service providers who assist us with providing our products and services to you, where we consider it necessary for them to provide that assistance. For the full list of potential regions and countries where our data may be transferred to or from, see our AWS Global Infrastructure list of regions and availability zones documented at the following URL:  https://aws.amazon.com/about-aws/global-infrastructure/ Note: Some multimedia files, including images, documents and videos are stored on our third-party multimedia content distribution service provider (Cloudinary) servers, which may be located at different geographic regions. Please contact support@communic8.com for further information on the Communic8 servers.

 

We will only engage new third parties to process GDPR Data entered into and/or uploaded into the Platform Services by you for us to process as a processor on your behalf ("subprocessors") if you have authorised us to do so pursuant to a specific or general written authorisation and otherwise in compliance with the requirements of the GDPR.

 

GDPR OFFSHORE TRANSFERS

We will not transfer GDPR Data about you to any country or organisation outside of the European Union, except:

  • as reasonably necessary for us to provide or procure the provision of the Platform Services; or

  • as instructed by you.

Unless otherwise agreed in writing by you, any transfer by us of personal data that you upload and/or enter into the Platform Services for us to process on your behalf (which is the subject of the GDPR) outside the European Union will not be carried out unless we have taken such measures as are necessary to ensure the transfer complies with all applicable data protection laws. This may include (without limitation) transferring pursuant to the standard contractual clauses approved by the European Commission (including those clauses annexed to Commission decision of 5 February 2010 (2010/87/EU) as amended or superseded), or transferring to a country or organisation in a country outside the European Union that the European Commission has determined provides adequate protection for your personal data.

 

RETENTION AND DE-IDENTIFICATION OF PERSONAL DATA

We will not keep your personal data in a form which permits identification of you for longer than is necessary for the purposes for which the personal data is processed. We will only process personal data that you enter into Communic8, and only thereafter for the purposes of deleting or returning that personal data to you (except where we also need to retain the data in order to comply with our legal obligations, or to retain the data to protect your or any other person's vital interests). We will, following your cessation of use of the Platform Services, at your option delete or return to you all of the personal data uploaded and/or entered into the Platform Services by you. Where you require that personal data to be returned, it will be returned to you after the end of the provision of services relating to the processing ("Processing Conclusion Date"), and we will thereafter delete all then remaining existing copies of that personal data in our possession or control as soon as reasonably practicable thereafter, but in any event not more than 30 days after the Processing Conclusion Date, unless applicable law requires us to retain the personal data in which case we will notify you of that requirement and only use such retained data for the purposes of complying with those applicable laws.

Where the personal data is not GDPR Data and is personal information for the purposes of the Privacy Act, within the 30 day period following the Processing Conclusion Date instead of destroying the personal information we will take such steps as are reasonable in the circumstances to de-identify the personal information that we hold about you where we no longer need it for any purpose for which it may be used in accordance with this Privacy Policy if the information is not contained in a Commonwealth record and we are not required by Australian law (or a court or tribunal order) to retain it.

 

YOUR RIGHTS UNDER THE GDPR

Subject to the provisions and exceptions set out in the Privacy Act and GDPR, under the Privacy Act and/or GDPR, you have a number of rights, including:

  • the right to request from us access to and rectification or erasure of your personal data or restriction of processing concerning your personal data;

  • the right to object to the processing of your data;

  • the right to data portability;

  • the right to withdraw consent (where you have consented to the processing of your personal data for one or more specific purposes);

  • the right to lodge a complaint with the Office of the Australian Information Commissioner or any supervisory authority;

  • the right to not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or it similarly significantly affects you.

Please contact us if you wish to opt out of any communications that we send you or if you wish to exercise any of your rights under the GDPR. We will handle all such requests in accordance with our legal obligations.  If you withdraw your consent for processing, object to the processing of your personal data or request us to erase your personal data and as a result it is not possible or practical for us to continue providing you with the Platform Services, we may terminate your subscription and/or access to Communic8 and charge you any applicable cancellation/termination fees in accordance with our Terms of Use.

 

HOW TO ACCESS AND CORRECT PERSONAL DATA HELD BY US

Please contact us if you wish to access your personal data that we hold about you, using the details set out at the end of this Privacy Policy. We will handle your request for access to your personal data in accordance with our statutory obligations.   To ensure that we only obtain, collect, use and disclose accurate, complete and up to date personal data, we invite you to contact us and inform us if any of your personal details we hold change or if any of the personal data held by us is otherwise incorrect or erroneous. We will provide you (or if you wish, another controller) with a copy of the personal data we hold about you in a structured, commonly used and machine-readable format.  We can provide access, modification and deletion of the personal data that you have uploaded or entered into Communic8 by contacting us.

 

NOTIFIABLE DATA BREACHES

Since 22 February 2018, data breaches that are likely to result in serious harm must be reported to affected individuals and the Office of the Australian Information Commissioner, except where limited exceptions apply. For the purposes of the GDPR, certain types of data breaches must also be reported to affected individuals if the breach is likely to result in a high risk of adversely affecting individuals' rights and freedoms. In addition, the GDPR requires organisations to report certain types of data breaches to the relevant supervisory authority. We have prepared a response plan for addressing data breaches that may occur and have allocated responsibility for managing breaches to a relevant individual or team. We will notify you of any data breach that may affect you where we are required to do so in accordance with our legal obligations.

 

OUR CONTACT DETAILS

Communic8 is owned and operated by Communic8 Group Pty Ltd ABN 26 139 494 054 of Level 3/155 Queen St, Brisbane City QLD 4000 Australia. If you wish to contact us for any reason regarding our privacy practices or the personal data that we hold about you, please contact us at the following address:

Attn: Privacy Representative
Level 3/155 Queen St
Brisbane City, QLD 4000
Australia
privacy@communic8group.com

We will use our best endeavours to resolve any privacy complaint within 30 business days following receipt of your complaint. This may include working with you on a collaborative basis to resolve the complaint or us proposing options for resolution.

If you are not satisfied with the outcome of a complaint you make refer the complaint to the Office of the Australian Information Commissioner (OAIC) who can be contacted using the following details:

Call: 1300 363 992
Email: enquiries@oaic.gov.au
Address: GPO Box 5218, Sydney NSW 2001

In relation to GDPR Data, you may lodge a complaint with any relevant supervisory authority.

 

Last updated July 31, 2018

ACCEPTABLE USE POLICY

Users must act appropriately in all respects when using Communic8. Therefore, users must not send or access or make available communications or content that contains abusive or objectionable language, that defame or libel others, or that infringe on the privacy rights or rights of others. Users must not view, download, copy, send, post or access information that is illegal or obscene. Users must not use Communic8 in any way prohibited by this Acceptable Use Policy or which would otherwise cause Communic8 Group Pty Ltd loss and/or damage. We may also suspend or terminate user accounts according to our Terms of Use where we see behaviour, activity, content, or other factors that poses a threat to our platform.

Without limiting the above provisions of this policy, in the course of you using Communic8, the following is prohibited:

  • using Communic8 to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited;

  • using Communic8 in breach of the Privacy Act 1988 (Cth), the EU General Data Protection Law (GDPR) or any other applicable data protection laws is strictly prohibited;

  • using Communic8 to send any form of pornography/sexually explicit content is strictly prohibited;

  • using Communic8 in relation to crimes such as theft and fraud is strictly prohibited;

  • using Communic8 in breach of any laws, including but not limited to, laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated" software or otherwise, is strictly prohibited;

  • unauthorised copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music or video and the installation of any copyrighted software for which you do not have an active licence is strictly prohibited;

  • exporting software, technical information, encryption software or technology, in violation of domestic export control laws, is strictly prohibited;

  • introduction of malicious programs into our network, computer or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited;

  • revealing your account password to others or allowing use of Communic8 by others is strictly prohibited;

  • using Communic8 to actively engage in procuring or transmitting material that is in violation of sexual harassment or workplace relations laws is strictly prohibited;

  • using Communic8 to make fraudulent offers of goods or services is strictly prohibited;

  • using Communic8 to carry out security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;

  • using Communic8 to execute any form of network monitoring which will intercept data not intended for you is strictly prohibited;

  • using Communic8 to circumvent user authentication or security of any of our hosts, networks or accounts or those of our customers or suppliers is strictly prohibited;

  • using Communic8 to interfere with or denying service to anyone is strictly prohibited;

  • using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any persons' use of Communic8 is strictly prohibited;

  • sending unsolicited email messages through or to users of Communic8 in breach of the Spam Act 2003 (Cth) is strictly prohibited;

  • using Communic8 to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited;

  • using Communic8 to send email to any email address, with the intent to spam or harass is strictly prohibited;

  • using Communic8 to create or forward "chain letters", "Ponzi" or other "pyramid" schemes of any type is strictly prohibited;

  • use of Communic8 in breach of any person's privacy (such as by way of identity theft or "phishing") is strictly prohibited;

  • uploading, publishing or providing any tax file numbers, social security numbers, driver’s license or state identification number or other government related identifier, financial account numbers (i.e., credit card, checking account, savings account, etc.), medical, employment, criminal records, or insurance numbers, passport numbers, or other highly sensitive personally identifiable information (collectively, “Sensitive PII”) to Communic8 or use Communic8 to collect, transfer, or store any Sensitive PII is strictly prohibited; and

  • hosting images or content on Communic8 servers or through Communic8’s Services for any purpose other than for the sending of communications is strictly prohibited.

Communic8 maintains a high deliverability rate for all communications sent from the platform; which all of our customers benefit from. This is partly due to our reputation and adherence to following best practices when constructing and sending communications. In line with this approach, we do have to limit certain industries from using our platform for their communication needs due to the likelihood of abuse complaints, which can severely impact our delivery rates for everyone using the platform. We do not allow businesses that offer the following types of services, products, or content from using our platform:

  • Cryptocurrency sales, marketing, transactions, exchange, storage or the production of virtual currencies and any kinds of digital assets related to Initial Coin Offering (ICOs)

  • Gambling services, products or schemes

  • Multi-level or affiliate marketing

  • Pharmaceutical product offers and discounts

  • Online dating or escort services

  • Lead generation opportunities

  • Work from home opportunities or make money online offers

  • Get out of debt opportunities, urgent cash offers and credit repair

  • Pay lending offers

  • List rental services and list brokers

  • Selling social media “Likes” or followers

Last updated July 31, 2018

COPYRIGHT & TRADEMARK POLICY

At Communic8, we take copyright and trademark infringement seriously and we do our upmost to offer a platform which contains no content that violates those rights. We respect the intellectual property rights of others and fully expect that our Members do the same. Our Terms of Use and Acceptable Use Policy requires that content used by our Members be accurate, lawful and not in violation of the rights of third parties.

To promote these objectives, if you believe that one our members is unfairly using your intellectual property through our services, we want to know about it. Please send a notice of the alleged infringement to our organisation and our designated agent will further investigate. Here is the contact information for this agent:

Attn: Copyright and Trademark Agent
Level 3/155 Queen St
Brisbane City, Qld 4000
Australia
support@communic8.com

Please note that whether or not we remove a Member’s access to our Platform or remove the offending content, we make a good faith attempt to notify the alleged offending Member of the complainant’s request and we may also provide your contact information. We will take reasonable steps to notify the Member that Communic8 has received notice of an alleged violation of intellectual property rights or other content violation. It will be at our discretion to remove the offending content or terminate the Member account which infringed or repeatedly infringed the rights of others or otherwise post inappropriate or unlawful content.

Furthermore, please note that any notice or counter-notice you submit must be truthful and will be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may want to consider seeking legal counsel before submitting your notice or counter-notice.

Before sending us a notice, you may want to contact the person or organization who posted or used the content you believe infringes your rights. You may be able to resolve the issue directly without having to contact Communic8.

 

NOTICE OF COPYRIGHT INFRINGEMENT

When providing notice of copyright infringement, please provide the following details in writing to the designated agent:

  • The full name, address, telephone number, and email address of the copyright owner;
  • A description of the copyrighted work that you claim is being infringed;
  • A description specifying the location on our Platform (ideally, a URL to the published content or screenshots of the content is helpful) where the material that you claim is infringing is located - or in the case of email or other content delivery mediums, samples of the content being sent;
  • Your email address and your mailing address and/or telephone number;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, it’s agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.

 

NOTICE OF TRADEMARK INFRINGEMENT

When providing notice of trademark infringement, please provide the following details in writing to the designated agent:

  • The full name, address, telephone number, and email address of the trademark owner;
  • An identification of the trademark that you claim is being infringed, including the trademark registration number, the country/jurisdiction where the trademark is registered, an identification of the category of goods and/or services covered by your registration, and a link to the registration or copies of your certificate of registration;
  • A description of the content on our Platform or sent through our Platform that you claim infringes your trademark, including an explanation of how you believe the content is infringing;
  • An identification of where the allegedly infringing content is located on our Platform or was sent through our Platform (ideally, a URL to the published content or screenshots of the content is helpful);
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the trademark owner or authorised to act on the trademark owner’s behalf; and
  • An electronic or physical signature of the person authorised to act on behalf of the owner of the trademark interest.

 

COUNTER-NOTICE OF INFRINGEMENT

If you believe that a notice of copyright or trademark infringement has been improperly submitted against you, you may submit a Counter-Notice. Please provide a written communication to our designated agent which contains the following: 

  • Identification of the material removed or to which access has been removed;
  • A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
  • Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of Queensland, Australia; and
  • Your electronic or physical signature.

Last updated July 31, 2018

SECURITY

We take data security and privacy very seriously. As you place your trust in us we recognize that Communic8’s information security practices are important to you. For security reasons, we don’t expose too much detail around our practices here, but we have provided some general information below to give you confidence in how we secure the data you entrust to us.

CONFIDENTIALITY & PERSONNEL PRACTICES

We train our employees to understand, recognize and act in your best interest to safeguard your privacy and further protect your data. For example, our employees are trained to recognize and appropriately respond to customer data privacy requests. Furthermore, we train our employees on best security practices, for example, how to identify a data breach and what their responsibilities are if they suspect such an incident occurred.

Furthermore, all employees are required to sign an Employee Security & Confidentiality Undertaking in support of safeguarding your privacy and data.

PHYSICAL SECURITY

As a Communic8 customer, you will benefit from a data center and network architecture built to meet the requirements of the most security-sensitive organizations.

To ensure that your data remains secure, we utilise Amazon Web Services (AWS) for our infrastructure needs. AWS is an industry leader in cloud hosting solutions and provides a highly scalable and redundant computing platform with end-to-end security.

Physical access to the AWS data centers is strictly controlled and monitored using sophisticated physical controls, intrusion detection systems, environmental security measures, 24x7 on-site security staff, biometric scanning, multi-factor authentication, video surveillance and other electronic means. All physical and electronic access to the AWS data centers by Amazon employees is authorized on a strictly least privileged basis and is logged and audited routinely.

Some examples of AWS compliance reports and certifications:

  • Global: CSA, ISO 9001, 27001, 27017, 27018, PCI DSS Level 1, SOC 1, SOC 2, SOC 3

  • United States: CJIS, DoD SRG, FedRAMP, FERPA, FFIEC, FIPS, FISMA, GxP, HIPAA, ITAR, MPAA, NIST, SEC Rule 17a-4(f), VPAT / Section 508

  • Asia Pacific: FISC, IRAP, K-ISMS, MTCS Tier 3, My Number Act

  • EU: C5, Cyber Essentials Plus, ENS High, G-Cloud, IT-Grundschutz, TISAX

For a full list of Amazon AWS compliance programs and certifications visit: https://aws.amazon.com/compliance/programs/

At Communic8, our employees do not have physical access to our infrastructure in AWS. Electronic access to AWS servers is restricted to a core set of approved staff only.

DATA SECURITY & ENCRYPTION (IN TRANSIT AND AT REST)

Different client data is stored in separate databases to prevent corruption and overlap. We have multiple layers of logic that segregate user accounts from each other; all client connections to the database are encapsulated, meaning client’s cannot access other client data. Our database servers are built on our internal network which cannot be accessed directly from the external internet.

Communic8 supports the latest recommended secure cipher suites and protocols to encrypt all traffic in transit. This means that all communications between your (or your customer’s) computer and our service is encrypted using the same technology that banks and financial institutions use. While we implement best practices as new cryptographic features or weaknesses evolve, we are also careful to do this while balancing the need for compatibility for older clients.

All of your data is encrypted at rest (when stored on our servers) using the latest encryption technology and key management best practices. All client data files are located on encrypted disk volumes maintained in the highly secure data centers of AWS.

You can be confident knowing that your data is secure and managed with a best practice approach to storage, backup and retrieval.

NETWORK PROTECTION

All servers and databases are firewalled to permit the minimum traffic necessary to run our services. All application APIs are protected by firewall, and all unnecessary ports are blocked by configuration.

SECURITY FEATURES OF THE PRODUCT

In addition to our security work around data encryption, network protection and physical security in our infrastructure, our product features provide additional security safeguards such as:

  • Hashed passwords

  • All login pages incorporate brute force protection

  • Permission controlled features which authorize access at various levels of the application

  • Global and permission based roles

  • UI and backend permission checks

  • Account and campaign monitoring for signs of abuse

DISASTER RECOVERY

All client database servers support real-time data backup with full daily backups. Backup files are encrypted and securely stored with Server-Side Encryption:

  • Nightly production system database backups occur for the last 30 days

  • Recovery time for total loss, which includes both server rebuild and data, is 3 hours

  • Recovery time for full data loss is just 30 minutes

  • All backups are encrypted and inaccessible from outside the network

  • Recovery processes are documented and procedures have been tested

INCIDENT MANAGEMENT & RESPONSE

In the event of a security breach, Communic8 will promptly notify you of any unauthorized access to your customer data. Communic8 has incident management policies and procedures to handle such an event if it were to occur.

EXTERNAL SECURITY AUDITS

We contract with respected external penetration testing security firms who perform audits of the Communic8 services to verify that our security practices are sound. They are certified professionals with extensive experience and training so they can thoroughly test our services for new vulnerabilities discovered by the security research community.

We continually validate the effectiveness of our security program to understand the risks posed to our environment and ensure that the critical systems and data under our control does not suffer a major security breach.

SYSTEM AVAILABILITY

We're committed to making Communic8 a highly-available service that you can count on. Our infrastructure was engineered and tested from the ground up to be secure, fault tolerant and robust. To show you how confident we are that we can keep the lights on, we provide a generous service level agreement that backs up our claims.

PRIVACY POLICY

Your privacy is of critical importance to us. Our Privacy Policy outlines specific details about how we safeguard your information and what you can do if you have concerns or privacy related questions or requests.

Last updated July 31, 2018

PLATFORM SERVICES DESCRIPTION

The Platform Services Description is a high level description of our platform with some basic additional information you should be aware of.

PLATFORM SERVICES

The Communic8 Platform is a communication platform that enables transparent and continuous engagement across targeted recipient groups and additionally, targeted communication down to the individual recipient. Recipients are as defined in our Terms of Use definition as a Contact.

Member account users of the Communic8 Platform (Administrators) are responsible for the management of:

  • Contacts

  • Communication content

  • Communication campaigns

  • Their Administrator accounts

USAGE METRIC

Fixed monthly subscription fee:

  • Enterprise: 10 Administrator accounts

  • Custom: For additional Administrator accounts, add-ons or product variations, contact your Communic8 Reseller

Monthly active Contact fees:

  • Mobile app registered Contact per month fee

Other optional add-on services or features:

  • SMS (optional) pre-pay fees

  • Unbranded native iOS and Android app

  • White label native iOS and Android app

  • Custom client branding enabled communications

  • Template packs

  • Integration

  • Custom integration

  • Single sign-on

EXPLANATION OF USAGE METRIC

The total monthly Platform fees billed to the Member is based on the total sum of the fixed monthly subscription fee, plus any registered mobile Contact fees, plus any optional add-on services or features.

PRE-REQUISITE

To utilize the Communic8 Platform, or any Communic8 optional add-on service or feature, you must be a registered Member of the Platform.

ADDITIONAL TERMS

Minimum Term: The minimum term to be a Member of the Platform is a period of 1 fixed monthly subscription period.

Termination of service: The Member must cancel their subscription to the platform prior to the next monthly subscription period.

Fees: Subscription fees, usage fees and optional add-on costs are published in the current Communic8 Price Book.

Decommissioning fees: For Members of the Platform who would like their data to be maintained (hosted) on the Platform post termination of their service, they will incur a monthly fixed flat fee as outlined in the current Communic8 Price Book.

Data lifespan: Analytics data will have a rolling lifespan of 6 months for non-aggregated data.

Media storage: Each Member instance is limited to 5GB of media storage on the Platform. Additional media storage may be purchased at an additional cost as outlined in the Communic8 Price Book.

SMS fees: The Member is responsible for pre-paying for their expected SMS costs. See SMS pricing in the Communic8 Price Book for details and technical considerations.