Compono Standard Terms

Effective as of April 2022

RECITALS

A. Compono operates the Shortlyster Licensed Software and Platform which is an intelligent hiring and applicant tracking system.

B. Compono has agreed to grant to the Client a licence to use the Shortlyster Licensed Software and Platform and provide the Support Services for the Term, in accordance with the terms and conditions set out in this document and the Order Form.

C. This document sets out the Standard Terms which are to be read together with the Order Form. Collectively the Order Form and these Standard Terms are called the ‘Agreement’.

D. If there is an inconsistency between the Order Form and the Standard Terms, the terms in the Order Form will prevail over these Standard Terms.

This site is owned by Compono Pty Ltd (Compono). Compono is concerned about privacy issues and wants you to be familiar with how we collect, use, maintain and disclose information collected from users (each a User) from the Compono website (Site), mobile apps and web apps (Apps). This privacy policy applies to apps, site and all products and services (Services) offered by Compono

The parties agree as follows:

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this Agreement, unless the context otherwise requires:

Agreement means this document together with any Schedules and the Order Form, as may be later amended or by the parties in writing; 

Business Day means a day which is not a Saturday, Sunday or public holiday in Brisbane, Queensland; 

Client Data means data that is entered into the Licensed Software or Platform by or on behalf of the Client, including Personal Information provided by the Client through its use of the Licensed Software; 

Confidential Information means any non-public and non-trivial information, in whatever form or medium, disclosed by a Party to the other Party whether before or after the date of this Agreement in connection with or related to a Party’s products, Trade Secrets or intellectual property rights and includes information that would be regarded as confidential by a reasonable businessperson, relating to:
     
a)     the business, affairs, customers, clients, suppliers, plans, intentions, or market opportunities of the disclosing party (or of any member of the group of companies to which the disclosing party belongs);
     
b)     the operations, processes, product information, know-how, designs or software of the disclosing party and the design, specification and content of the Licensed Software; and      
     
c)     any information developed by the Parties in the course of carrying out this Agreement. 

Effective Date means the date on which the Order Form is executed or such other date as notified by Compono to the Client; 

Fees
means all Fees payable by the Client as specified in Schedule 1 and the Order Form or as agreed in writing between the Parties; 

Force Majeure means an event which includes any act of God, strike, lockout, act of public enemy, war, blockade, public riot, earthquake, lightning, fire, storm, flood, computer virus and any other similar cause or event which is not reasonably within the control of the Parties. 

GST means tax levied under the A New Tax System (Goods and Services Tax) Act1999 (Cth) and legislation of a State or Territory that is enacted to replace or supplement that Act; 

Initial Term means the period of time commencing on the Effective Date and continuing for the time periodspecified in the Order Form. 

Intellectual Property Rights
means rights to all Intellectual Property; 

Intellectual Property means all intellectual property rights of whatever nature including all rights conferred under statute, common law or equity, whether registerable or not and whether registered or not, including all copyrights, all rights in relation to computer software, source codes or documentation thereof, inventions, patent rights, trade mark rights (including any goodwill associated with those trademark rights), design rights, circuit layouts, trade secrets and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields recognised anywhere in the world together with any documentation relating to those rights . Licence Fee means the fees relating to the licenses for the Licensed Software grantedat clause 3 and as set out in the Order Form; Licensed Software means the Shortlyster online recruitment software including any modifications orupdates thereof. Order Form means the Order Form that is to be signed by the Client and readtogether with the Standard Terms; Personal Information means any information relating to a data subject as defined in the Privacy Act1988 (Cth) (“Privacy Act”) as amended from time to time. Personnel means employees, officers, agents or independent contractors of aParty. Platform means the platform which hosts the Shortlyster online recruitmentsoftware; Privacy Policy means a statement setting out how Componowill collect, use, manage and disclose Personal Information, which can be foundon www.compono.com. Compono IntellectualProperty means all Intellectual Property Rightsin the Licensed Software and Platform (including any modifications or additionsthereto) and any other rights to Intellectual Property otherwise created orowned by Compono; Compono ServiceProviders means Compono’s related entities,affiliates, partners, independent contractors, third party platforms andservice providers with whom Compono has commercial relations and to whomPersonal Information may be transferred. Full details of Compono ServiceProviders are set out in the Privacy Policy. Software Solution means the software solutionprovided by Compono for the Client in accordance with the SOW. SOW means the Statement of Work setting outthe detailed requirements of the Software Solution which is entered into at oraround the time of this Agreement. Standard Terms means Compono’s standard software licence and service terms, as set outin this document; Support Services means the support services in relationto the Licensed Software and Platform as set out in Schedule 2; Term has the meaning provided in clause 2; Trade Secrets means intangible and tangible assets possessed by a Party including, butnot limited to, trade connections, customer supply lists, R & Dinformation, information about business strategies, methods of doing business,costing and price information, source code for computer software, manufacturingtechnology, negative information of technical processes and prototypes and anyother information which can be used for economic advantage in the operation ofa competitive business or any other enterprise. User means an individualauthorised by the Client to use the Licensed Software and Platform, who isprovided with a unique username and password for such purpose.

2.2 Web browser cookies

Our Apps and Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

2.3

You may also see ads for our Site on third party websites, including on social media. These ads may be tailored to you using cookies (which track your web activity, so enable us to serve ads to customers who have visited our Site). Where you see an ad on social media, this may be because we have engaged the social network to show ads to our customers, or users who match the demographic profile of our customers. If you no longer want to see tailored ads you can change your cookie and privacy settings on your browser and these third party websites.

2.4

Compono is committed to managing personal information in an open and transparent way and handles personal information in accordance with local privacy laws

3. HOW WE PROTECT YOUR INFORMATION

3.1

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Apps and Site.

3.2

Sensitive and private data exchange between the Apps and Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users.

4. STORAGE, DEACTIVATION AND RETENTION

You may delete your profile at any time. If you do not delete your profile, we will keep your personal information for the purposes set out above. If your profile is inactive and we have your email address, we may periodically remind you that your profile is still on line so you can consider whether you wish to delete it.

5. HOW YOU CAN ACCESS, CHANGE, OR DELETE YOUR PERSONAL INFORMATION

If you would like to revoke your consent, review, correct, update, or delete the personal information that you have provided via the Site, please contact us via email on privacy@compono.com with the subject line "Update my information". We will comply with your request within such timeframe required by applicable law or otherwise as soon as reasonably practicable. You may also be able to log on to the Site and access, correct or delete your personal information.

6. COMPLIANCE WITH CHILDREN’S ONLINE PRIVACY PROTECTION ACT

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

7. SHARING YOUR PERSONAL INFORMATION

7.1

7.1 We do not sell, trade, or rent Users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers.

We may also share Users’ personal information with third parties in the following circumstances:

  • With our suppliers and service providers working for us, e.g. hosting service providers.

  • With our professional and legal advisors.

  • With law enforcement or other governmental authorities, e.g. to report a fraud or in response to a lawful request.

  • In the event that we sell any business assets, the personal data of our customers may be disclosed to a potential buyer. In this event, we will make reasonable attempts to ensure the buyer will be bound by the terms of this Privacy Policy.

Otherwise where we have your consent or are otherwise legally permitted to do so.

8. YOUR ACCEPTANCE OF THESE TERMS

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Apps and Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

9. CHANGES TO THIS PRIVACY POLICY

Compono has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Apps or Site, revise the updated date at the bottom of this page and send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

10. YOUR RIGHTS

10.1

Subject to the relevant applicable law, you may have certain rights in respect of your personal information, including rights to access, correct and request the erasure of your personal data, and to receive a copy of information you have provided to us in electronic form.

10.2

We will comply with any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there are a number of limitations to these rights, and there may be circumstances where we are not able to comply with your request. To make any requests regarding your personal information, or if you have any questions or concerns regarding your personal information, you should contact us using the details below. You are also entitled to contact your local supervisory authority for data protection.

11. CONTACTING US

If you have any questions, comments, requests, or concerns related to this Privacy Policy or the information practices of this site, or if you would like to opt out of future communications, please contact us as follows:

Privacy Officer
Compono Pty Ltd
Suite 2, Level 3, 189 Kent Street
Sydney, NSW, 2000,
Australia
1300 716 004
privacy@compono.com

12. PRINCIPLES

12.1 Notice

We will provide you with notice of our data collection and processing practices in our privacy policy, including describing what personal information we collect, how we use that information, the categories of third parties with whom we may share such information (and the purposes for which we do so), the individual’s right to access such information, the choices and means through which the individual may limit the use and disclosure of personal information, and other disclosures consistent with the notice principle.

12.2 Choice

If we wish to (i) disclose your personal information to a third party (other than to a service provider who is acting on our instructions) or (ii) use it for a purpose materially different from the purposes for which it was originally collected, as set out in our Privacy Policy, we will:

  1. Offer you the opportunity to opt-out of such disclosure or use; or

  2. In the case of sensitive personal information, not disclose or use your personal information in this way unless we have your affirmative consent.

12.3 Onward transfers (transfers to third parties)

We may transfer personal information to certain third parties, as described in our Privacy Policy. Where we transfer personal information to a third party, we will take reasonable and appropriate steps to ensure that the third party processes personal information for limited and specified purposes.

12.4 Data security

We take reasonable and appropriate measures to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have implemented appropriate physical, electronic and managerial procedures to help safeguard and secure personal information from loss, misuse, unauthorized access or disclosure, alteration or destruction.

12.5 Data Integrity

Purpose Limitation and Access. We will process personal information in a manner that is compatible with and relevant to the purpose for which it was collected or authorized by individuals. Candidates will have access to Compono’s recruitment platform to allow candidates to update their personal information so that their personal information is current and valid.

12.6 Lawful Requests

We may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

12.7 Contact Compono and Recourse

If you are concerned about how the personal information which you provided to us has been used, please address your inquiry or complaint first to us at the address listed above. We will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of personal information in accordance with the Principles. Please note guidance from the Office of the Australian Information Commissioner (”OAIC”) requires that any complaint must first be made to the respondent organization. The law also allows 30 days for the respondent organization to reply before a complainant may make a complaint to the OAIC.

You can obtain further general information about your privacy rights and privacy law from the OAIC by:

  • calling their Privacy Hotline on 1300 363 992

  • visiting their web site at http://www.oaic.gov.au

  • writing to:
    The Australian Information Commissioner
    GPO Box 5218
    Sydney NSW 2001

13. PURPOSE FOR WHICH WE WILL USE YOUR PERSONAL INFORMATION

We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Please note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your information. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.