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Effective as of April 2022
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.
The parties agree as follows:
1. DEFINITIONS AND INTERPRETATION
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;
2.2 Web browser cookies
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.
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
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.
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 email@example.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 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.
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.
10. YOUR RIGHTS
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.
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
Compono Pty Ltd
Suite 2, Level 3, 189 Kent Street
Sydney, NSW, 2000,
1300 716 004
Offer you the opportunity to opt-out of such disclosure or use; or
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)
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
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.