legal + privacy
website terms
TERMS OF USE
This Terms of Use Agreement [“Agreement”] is entered into by and between you and electro: consulting [ABN 18 834 943 629]( “we”, “us”, “our”). electro: consulting sells consulting services [“Services”].
“You” means any person who accesses or views this website, https://electroconsulting.au (“Site”), or purchases Services from us. Access to, use of and/or browsing of the Site is provided subject to these terms and conditions. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.
This Agreement contains warranty disclaimers and other provisions that limit our liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing the Site constitutes acceptance of these terms and conditions. If you do not agree to be bound by these terms and conditions, please exit the Site immediately and do not use, access and/or browse the Site.
By entering the Site, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures and disclaimers are fair and reasonable and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and us. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.
INFORMATION DISCLAIMER
Any information provided by us under this Site, including blog posts, the spark hub mag, and electro: consulting social media, including employee accounts, are of a general nature only.
Third-party opinions or information expressed in this Site are not necessarily the opinions of electro: consulting. Any opinions expressed on this Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.
Information on this Site may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. We are under no obligation to update any information on the Site, however, may update the Information at any time without notice in our sole and absolute discretion. We reserve the right to make alterations or deletions to the information at any time without notice.
POSTING GUIDELINES
This Site and our social media accounts (including employee Linkedin accounts) are open to the public. Therefore, if commenting on the content of the Site or social media please consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information on the Site or social media in the form of user-generated comments or otherwise, or by giving us written permission to post your images on our website and/or social media, you grant to us the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy that information or images.
You are responsible for the content you post. You may not impersonate any other person through the Site or on social media. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
THIRD-PARTY LINKS AND ADVERTISEMENTS DISCLAIMER
The Site may, from time to time, contain links to third party websites or social media accounts. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation of the services, information, content and/or data on such third-party web sites or as an indication of any affiliation, sponsorship or endorsement of such third-party web sites. We are not responsible for the content of linked third-party websites or social media accounts and do not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on such third-party websites or social media accounts. If you decide to access linked third-party websites or social media accounts, you do so at your own risk and we accept no liability in relation to the third-party websites or social media accounts, or of any breaches of law by those other websites, or social media accounts. Your use of third-party websites and social media accounts is subject to the terms of use for such sites.
The inclusion of third-party advertisements does not constitute an endorsement, guarantee, warranty or recommendation of, and we make no representations and/or warranties about any of those products or services.
DISCLAIMER OF ALL WARRANTIES
Subject to law, the information made available on this Site is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, we make no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the information, that the information may be relied upon for any reason or that the information will be uninterrupted or error-free or that any defects can or will be corrected.
Under no circumstances, as a result of your use of this Site, will we be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, we shall have absolutely no liability in connection with the Site for:
1. Damages as a result of lost profits, loss of goodwill, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. Any loss or injury caused, in whole or in part, by our actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the information;
3. Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the information; or
4. Any decision made or action taken or not taken in reliance upon the Information.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
1.Unless otherwise indicated, we own or have the rights to use:
– all copyright in this Site and its contents, including photographs;
– all intellectual property;
– any trade names or trademarks associated with the Products.
2. You must not in any way copy, reproduce, replicate or imitate any of the Products without our prior written consent.
3. You must not in any way reproduce, publish, communicate or adapt any part of this Site, including any of these terms and conditions, without our prior written consent.
4. We reserve all rights in relation to all intellectual property.
INDEMNIFICATION
You agree to indemnify and hold us harmless from any claim or demand, including legal fees, made by any third party as a result of:
– any content posted or made available by you on this Site,
– any violation of law that occurs by you through the Site, and/or
– anything you do using the Site and/or the information on this Site.
INVALIDITY
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of Australia and the State of Queensland without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Queensland and the Commonwealth of Australia. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the information contained therein, shall, subject to law, be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
ENTIRE AGREEMENT
You hereby acknowledge that this Agreement represents the entire understanding between you and us concerning your use of the Site and the information contained therein.
MODIFICATION
We may, in our sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.
WAIVER
Our failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
NO COMMERCIAL USE
This Site is for personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software or services contained within this Site. You may not use this site or any of its content to further any commercial purpose, including any advertising or advertising revenue generation activity on your site.
PRIVACY POLICY
Please refer to our full privacy policy for information on how we utilise, store and manage your personal and confidential information.
privacy policy
1.0 Purpose
electro: consulting (“we, us, our”) (ABN 18 834 943 629) are committed to protecting the privacy of our customers according to the Australian Privacy Principles (the APP) and the General Data Protection Regulation (GDPR) (EU) 2016/679.
We aim to take reasonable steps in implementing practices, procedures and systems appropriate to our business activities that ensures our compliance with the APP and GDPR and enables us to deal with related complaints and enquiries. This policy statement outlines our commitment, including the way we collect, store and use your personal or sensitive information and who to contact should you wish to:
• access or correct your personal or sensitive information or;
• enquire or submit a complaint about your privacy.
This Privacy Policy does not apply to personal information collected by electro: consulting that is exempt under the Privacy Act, for example employee records.
2.0 Background
electro: consulting delivers consulting services to businesses and professionals. The nature of the services provided means that we may collect personal information about our clients, including:
• contact details such as your full name, address, email address and phone numbers.
• payment information such as credit card details.
• personal or sensitive information about our clients that is relevant to our work – examples of which can be found below.
Any information collected is done so only when it is required to provide services to clients.
This privacy statement is available on our website (www.electroconsulting.au) and you can request a printed copy at any time, free of charge, by contacting our Privacy Officer as outlined in Clause 11.0.
2.1 What is personal or sensitive information?
Personal or sensitive information is any information or opinion about an identified or reasonably identifiable person and includes your information, whether;
• true or not;
• materially recorded or not
Examples of personal information we collect includes assessment results, reports, photographs, employee record information, performance issues, payroll information or other financial records, personal address or phone number.
Examples of sensitive information includes, but is not limited to, ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a personal or trade association or union, sexual preferences or practices, criminal record, health or genetic information.
2.2 If you do not provide your consent for us to collect, use or store your personal or sensitive information it may reduce our capacity to provide appropriate products services to you, as required. If you have objections to the Privacy Policy, you should advise us prior to agreeing to receive any services by contacting our Privacy Officer as per Clause 11.0.
3.0 Your rights in relation to personal or sensitive information.
We respect your rights in relation to your personal or sensitive information. To the extent required by law, we will comply with any request made by you to:
• know how we are using your personal or sensitive information
• know what personal or sensitive information is being held about you
• correct inaccurate personal or sensitive information held by us about you
• erase personal or sensitive information about you (subject to any requirement for us to keep records under other laws, such as taxation legislation)
• restrict the use of your personal or sensitive information (understanding that this may affect our ability to provide products or services to you)
• obtain a digital copy of your personal or sensitive information
You may direct any request to our Privacy Officer, whose contact details are listed below.
4.0 Sharing of your personal or sensitive information
4.1 Your personal or sensitive information may be accessible by other authorised third parties, on a need to know basis, for the purpose of ensuring we can provide services to you as agreed and carry on our business as required. This includes but is not limited to meeting compliance obligations and operational activities, ensuring trauma informed processes are implemented, considering key personal or sensitive information in the design and delivery of our work, designing strategies or processes, giving advice, and other legal requirements.
4.2 We may occasionally hire other companies or contractors to provide services on our behalf or be required to disclose personal or sensitive information as compelled by law. For example, if we hire a consultant as a contractor to help us deliver a client retainer or complete a piece of adhoc work or an external bookkeeping company to help us with billing and invoice management.
Other companies or contractors will be permitted to obtain only the personal information they need to deliver the required service.
5.0 Use of your personal information
5.1 electro: consulting may use your personal or sensitive information for the purpose of undertaking our business activities, including, but not limited to:
• to respond to your enquiries.
• to provide you with our services.
• for accounting, billing and other internal administrative purposes.
• to invite you to events, functions or training and provide you with updates and publications.
• to add you to our mailing list where you have subscribed to our newsletter.
• to refer you to other appropriate external service providers.
We may also use and disclose your personal or sensitive information to inform you of products and/or services that may be of interest to you. In the event you do not wish to receive such communications, you may, at any time, request not to receive direct marketing communications from us or use any opt-out mechanism provided and we will comply with that request.
We will never sell your data. If you are under the age of 16, you will need to provide confirmation of your parent or guardian’s consent before we can process any Personal Information.
5.2 For each visit to our website (www.electroconsulting.au), we expressively collect the following non-personally identifiable information, including but not limited to, browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this Site.
5.3 electro: consulting may use your personal or sensitive information for the purposes of direct marketing, in a manner that you have consented to and on topics you have indicated you are interested in (by, for example, filling out a form, providing personal information or clicking to subscribe to such information). We may contact you for the purposes of direct marketing in a number of ways, including telephone, post, email or via social media (eg. Linkedin, Facebook, Instagram). We will not provide your personal information to other third parties for the purposes of direct marketing without your consent. You can update your preferences for direct marketing at any time by contacting us at shevonne@electroconsulting.au
You can opt out of direct marketing at any time by:
• unsubscribing via the link at the bottom of our marketing emails or;
• unliking or unfollowing any of our social media pages
If you need help to unsubscribe, please contact us via ideas@electroconsulting.au
6.0 Methods of collection
electro: consulting may collect personal information in a number of ways, including, but not limited to:
• Written form (eg. Email, post, letter, fax, filling out a form, submitting an enquiry via our website or leaving a comment on social media posts or sending a message through social media, leaving your business card at an event we are hosting).
• Verbally.
• In-person.
• From a third party.
• From publicly available records.
7.0 Storing your personal or sensitive information
7.1 electro: consulting may store your personal information via electronic means (files, databases, documents, emails, social media accounts, website), paper files (stored in drawers and cabinets – locked where necessary). Paper files may also be held offsite in secure archive or storage facilities. Once we do receive your transmission, we will make our best efforts to ensure its security on our systems. We store client information for a period of 7 years unless you request that we erase your personal information (subject to any requirement for us to keep records under other laws, such as taxation legislation
7.2 We also require our employees and data processors to respect the confidentiality of any personal information held by us.
7.3 No data transmission over the internet can be guaranteed to be 100 percent secure. As a result, while we strive to protect user’s personal information, we cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk.
8.0 Use of Cookies
8.1 As is very common for companies, we use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. We use cookies to improve the experience of people using our website.
8.2 Cookies may collect and store your personal information. This Privacy Policy applies to personal information collected via cookies. You may adjust your internet browser to disable cookies. If Cookies are disabled, we may not be able to provide you with the full range of our services.
8.3 You also may encounter Cookies used by third parties and placed on certain pages of the Website that we do not control and have not authorised (such as web pages created by another user). We are not responsible nor liable for the use of such Cookies.
8.4 The Website may also include links to third party websites (including links created by users or members) and applications and advertising delivered to the Website by third parties (Linked Sites). Organisations who operate Linked Sites may collect personal information, including through the use of Cookies.
Examples of third-party websites we use include, but are not limited to, Quickbooks, Microsoft, Paypal, Linkedin and other social media platforms. We are not responsible nor liable for Linked Sites and recommend that you read the privacy policies of such Linked Sites before disclosing your personal information.
9.0 Changes to this Privacy Policy
electro: consulting reserves the right to make amendments to this Privacy Policy at any time. As a result, please remember to refer back to this Privacy Policy regularly to review any amendments.
10.0 Accessing your personal or sensitive information
You have a right to access your personal or sensitive information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing.
To obtain access to your Personal Information:
• you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected.
• you will need to be reasonably specific about the information you require; and
• We may charge you a reasonable administration fee, which reflects the cost to us for providing access in accordance with your request.
11.0 Contacting us
If you have any questions about this Privacy Policy, would like further information, wish to submit a request to access or a complaint, please contact us by email: ideas@electroconsulting.au and put “Privacy Policy” in the subject line. If you wish to contact us via post, please email us for the appropriate postal address.
12.0 Acceptance
You accept that your use of this Website and our Services includes your acceptance of this Privacy Policy in addition to any of our other applicable terms and conditions.