Terms, Conditions, & Privacy Policy

MALVERN TRADING COMPANY PTY LTD
ACN 629 343 004
TRADING AS JUMPSTART
TERMS FOR PROVISION OF SERVICE

Last Updated: 5 February 2019

This Agreement is between you and the MALVERN TRADING COMPANY PTY LTD ACN 629 343 004 (‘Malvern or we or ‘us’) concerning your use of (including any access to) the Application (together with any materials, information and services available in connection with such application, and any successor application(s), the App).  This App, together with the embedded software installed in Malvern’s products for the purpose of portable phone charging rental service using the App (such embedded software, the Product Software), are referred to collectively in this Agreement as the Service’.  This Agreement incorporates any additional terms and conditions with respect to the Service that are made available by us through the Service, or otherwise made available to you by us, in accordance with the terms of this Agreement.

BY CLICKING OR TAPPING “ACCEPT,” “OK” OR “AGREE” (OR A SIMILAR TERM) IN CONNECTION WITH THIS AGREEMENT, OR BY USING THE SERVICE, YOU agree to be bound by the terms of this agreement.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SERVICE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU CONFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to ‘you’ and ‘your’ in this Agreement will refer to both the individual using the Service and to any such Organization.

  1. Your Obligations. By accepting the terms of this Agreement, you agree that you will:
    • Return our equipment clean and in good repair and conditions subject only to fair wear and tear;
    • Use our equipment only for its intended use and in accordance with the instructions in the App;
    • Cease to use the equipment immediately if you become aware of any defect in the equipment or if the equipment becomes unserviceable;
    • Ensure that the equipment is safely secured while in your possession;
    • Not tamper with the equipment or make any alterations to the equipment;
    • Pay all charges relating to the use of the equipment in accordance with Malvern’s terms and conditions.
  1. Charges. You must pay the charges for the use of the Service.  Charges will continue for up to 24 hours if the equipment is not returned or is not serviceable when it is returned, other than as a result of a defect in the equipment.
  2. Authority to Debit Cards. You must pay for all charges with a credit, debit or charge card (‘Card’).  You authorise Malvern to reserve credit or obtain authorisation on the Card for the amount of the charges due.  You authorise Malvern to charge the Card with any amount that you owe Malvern under this agreement up to 90 days after the Service has been provided by Malvern.
  3. Our Right to Make Changes. We may change this Agreement from time to time, such as to reflect changes in the Services, relevant laws and regulatory requirements, by notifying you of such changes by any reasonable means and by making available a revised Agreement through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we make available the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your clicking or tapping “Accept,” “OK” or “Agree” (or a similar term) in connection with this Agreement, or your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability:
    1. modify or discontinue all or part of the Service (including access to the Service via any third-party links) for valid reasons (e.g., to reflect changes in relevant laws and regulatory requirements, to protect security or to implement reasonable technical adjustments and improvements);
    2. charge, modify or waive any fees required to use the Service where reasonably necessary; or
    3. offer opportunities to some or all Service users. We will seek to notify you by any reasonable means of:
      1. any modifications to the Service that will have a material adverse effect on the use of the Service, taken as a whole; and
      2. any material increase in the fees charged by us to use the Service.

      We reserve the right to introduce new features or functionality for which the payment of fees may be required and shall notify you of such fees by reasonable means. Such fees will not apply to you unless you accept such new features or functionality.

  1. Information Submitted Through the Service. Your submission of information through the Service is governed by Malvern’s Privacy Policy, (the Privacy Policy).  You confirm that any information you provide in connection with the Service is accurate and complete, and that you will maintain and update such information as needed.  You also acknowledge and agree that we will have no liability associated with or arising from your failure to provide accurate registration information.
  2. Your Further Obligations. In connection with the Service, you must not:
    • Post, transmit or otherwise make available through or in connection with the Service any materials that are or may be:
      1. threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others;
      2. defamatory, libelous or fraudulent;
      3. obscene, indecent, pornographic or otherwise objectionable; or
      4. protected by copyright, trade mark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
    • Post, transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
    • Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful.
    • Harvest or collect information about users of the Service.
    • Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks.
    • Restrict or inhibit any other person from using the Service.
    • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorised under this Agreement, without Malvern’s express prior written consent.
    • Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.
    • Remove any copyright, trade mark or other proprietary rights notice from the Service.
    • Incorporate any portion of the Service into any product or service, without Malvern’s express prior written consent.
    • Systematically download and store Service content.
    • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Service content, or reproduce or circumvent the navigational structure or presentation of the Service, without Malvern’s express prior written consent.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Service.

  1. Registration; User Names and Passwords. You may need to register to use all or part of the Service.  We may reject, or require that you change, any user name, password or other information that you provide to us in registering, in each case for any valid reason.  Your user name and password are for your personal use only and you should keep your user name and password confidential.  Malvern is not responsible for any use or misuse of your user name or password caused by your failure to keep your user name or password confidential. In each case, you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account of which you become aware.
  2. Submissions. Certain Service functionality may provide users with the ability to make available certain data, information or materials (each, a Submission) through or in connection with the Service, including in connection with use of the App, the Product Software and/or Malvern’s products.  Except as set forth in the Privacy Policy, Malvern has no control over and is not responsible for Submissions, any use or misuse (including any distribution) by any third party of Submissions or for any of your interactions with any other Service users.  IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICE, EXCEPT AS SET FORTH IN THE PRIVACY POLICY, YOU DO SO AT YOUR OWN RISK.
  3. Our Right to Use Submissions. For purposes of clarity, you retain ownership of your Submissions.  For each Submission that you make available through or in connection with the Service (each,Your Submission), you grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) licence, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store and otherwise use, analyse and exploit Your Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).In addition, if you provide to us any ideas, proposals, suggestions or other materials (‘Feedback’), whether related to the Service or otherwise, such Feedback will be deemed Your Submission.  You agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Malvern under any obligation in respect of such Feedback.You confirm that:
    1. You have all rights necessary to grant the licences granted in this section;
    2. Your Submissions are complete and accurate; and
    3. Your Submissions and your provision thereof to us (whether through and in connection with the Service or otherwise) and are not fraudulent or otherwise in breach of any applicable law or any right of any third party.

    You further irrevocably waive (and consent to us performing any acts or omissions in relation to Your Submissions and associated materials that may be inconsistent with) any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Your Submissions that you may have under any applicable law.

  4. Monitoring of Submissions and Use of the Service. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Service, or analyse your access to or use of the Service.  We may disclose information regarding your access to and use of the Service, and the circumstances surrounding the transmission of Submissions, and personal information regarding any users who made Submissions available, in each case in accordance with any requirement under applicable law, or any request by any law enforcement authority, court or other governmental authority, or otherwise in accordance with the Privacy Policy.
  5. Your Rights to Use the App and Product Software. The App and the Product Software are licenced (not sold) to end users. Subject to your compliance with this Agreement and for the duration of this Agreement, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a device that you own or control, and to use the Product Software in connection with a Malvern product that you own or control, in each case for your personal, non-commercial use.  If you fail to comply with any of the terms or conditions of this Agreement relating to your use of the App or the Product Software, you must immediately cease using the App and the Product Software and delete the App from your device.
  6. Malvern’s Proprietary Rights. We and our suppliers own the Service, which is protected by proprietary rights and laws.  Our trade names, trade marks and service marks include “JUMPSTART” and any associated logos.  All trade names, trade marks, service marks and logos on the Service not owned by us are the property of their respective owners.  You may not use our trade names, trade marks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.  Nothing contained on the Service should be construed as granting any right to use any trade names, trade marks, service marks or logos without the express prior written consent of the owner.
  7. Third Party Materials. Links. Certain Service functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (‘Third Party Materials’), or allow for the routing or transmission of such Third Party Materials, including via links.  By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights in such Third Party Materials.  Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Malvern with respect to any Third Party Materials.  We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Service at any time.  In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
  8. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, Promotions) made available through the Service may be governed by rules that are separate from these Terms of Service.  If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.  If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will take precedence.
  9. DISCLAIMER OF WARRANTIES.EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS, THE SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS.EXCEPT IN RESPECT OF GUARANTEES AND WARRANTIES WHICH THE AUSTRALIAN CONSUMER LAW PROVIDES CANNOT BE EXCLUDED OR MODIFIED, MALVERN DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE AUSTRALIAN CONSUMER LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MALVERN MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE SECURE, THAT ANY USER NAME, PASSWORD OR OTHER SECURITY MEASURE THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICE WILL PREVENT UNAUTHORIZED ACCESS TO YOUR SERVICE ACCOUNT OR RELATED INFORMATION, OR THAT YOUR SERVICE ACCOUNT OR RELATED INFORMATION WILL NOT BE ACCESSED OR MISUSED BY ANY THIRD PARTY.ALL DISCLAIMERS OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH MALVERN AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”).

    While we will seek to undertake reasonable steps to maintain the timeliness, integrity and security of the Service, we cannot guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted.  The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement.  Additionally, third parties may make unauthorized alterations to the Service.  If you become aware of any such alteration, please contact us at [email protected] with a description of such alteration and its location on the Service.

  10. LIMITATION OF LIABILITY.NOTHING IN THIS AGREEMENT RESTRICTS, EXCLUDES OR MODIFIES OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW.IN RESPECT OF ANY WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW, TO THE EXTENT PERMITTED BY THE AUSTRALIAN CONSUMER LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF THE RELEVANT PORTION OF THE SERVICE.MALVERN WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND.WITHOUT LIMITING THE FOREGOING, MALVERN WILL NOT BE LIABLE FOR INDIRECT LOSSES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY THIRD PARTY MATERIALS OR PRODUCTS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED VIA THE SERVICE OR ANY PRODUCTS OR THIRD PARTY MATERIALS.THE COMPANY PARTIES DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY MALVERN’S NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

    THE AGGREGATE LIABILITY OF MALVERN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO MALVERN TO USE THE SERVICE.

    ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH MALVERN AND THE OTHER COMPANY PARTIES.

  11. Third Party Claims. If we are sued by a third party as a result of your breach of this Agreement or your infringement of any third-party right (including any intellectual property or data privacy right), you will be responsible for all liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) incurred by the Company Parties.
  12. Termination. This Agreement is effective until terminated.  Malvern may terminate or suspend your right to use the Service and/or terminate this Agreement if you do not comply with the terms contained in this Agreement.  Where reasonable under the circumstances, we will provide you with at least twenty-four (24) hours’ prior notice of any suspension or termination of your right to use the Service, provided that if we reasonably believe that you have materially breached this Agreement, we can immediately suspend or terminate your right to use the Service. You can stop using the Service at any time.Following the effective time of any such termination or suspension, your right to use the Service will immediately cease, and Malvern may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.  The Preamble and Sections 2–8 and 10–23 shall survive any expiration or termination of this Agreement.
  13. Information or Complaints. If you have a question or complaint regarding the Service, please send an e-mail to [email protected].  Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
  14. Other Important Terms. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Malvern. Except as set forth in Sections 13, 14 and 23, nobody else has any rights under this Agreement (except someone you pass your guarantee on to).  This Agreement is between you and us.  Except as set forth in Sections 13, 14 and 23, no other person shall have any rights to enforce any of the terms of this Agreement.  If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.  You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.  We may assign, transfer or sublicence any or all of our rights or obligations under this Agreement without restriction.  No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in this Agreement is for convenience only, and in no way defines or explains any section or provision.  All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified.  Any use of the term “including” or variations of such terms in this Agreement shall be construed as if followed by the phrase “without limitation”.  This Agreement, including any terms and conditions incorporated in this Agreement, is the entire agreement between you and Malvern relating to the subject matter of this Agreement, and in the absence of fraud, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Malvern relating to such subject matter.  Notices to you (including notices of changes to this Agreement) may be made through the Service or by e-mail (including in each case via links), or by regular mail.  Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Neither party will be responsible for any failure to fulfill any obligation due to any cause beyond its control.
  15. Governing Law and Jurisdiction. This Agreement is governed by the laws of South Australia.  The parties submit to the jurisdiction of the Courts of South Australia and any proceeding brought in the Federal Court of Australia must be instituted in its Adelaide Registry.

Privacy Policy

Malvern is bound by the Australian Privacy Principles under the Privacy Act 1988 (Cth) (‘Privacy Act’).  Malvern takes these obligations seriously and has adopted policies and procedures to ensure that all personal information is dealt with in accordance with the Privacy Act.

The Malvern Privacy Policy explains the approach adopted by Malvern in relation to the collection and handling of personal information.

Malvern recognises that your privacy is important and we take it seriously.  This Privacy Policy describes the collection, use and disclosure of your information when you access or use:

  1. our websites (and any dashboards or portals that we make available to our customers, users and others) (collectively, the ‘Sites’),
  2. software (such as apps and reference tools) that we make available (the ‘Software’) which may be installed on your phone, tablet, wireless device, computer or server (‘Device’), and/or
  3. the Malvern Cloud.

The Sites, Software, Malvern Cloud and any services we provide in connection with one or more of the foregoing are collectively referred to as the ‘Services’.

This Privacy Policy also applies to information that may be transmitted to us by our customers through software provided by them or other third parties (‘Third Party Software’), through Activated Products (described below) or through other means.  This Privacy Policy does not apply to how third parties collect, use, disclose or retain information.

This Privacy Policy sets out how we may collect, use, transfer, retain, secure and disclose your personal data that you provide to us pursuant to your use of the Malvern, as well as other terms relating to data location.  It also describes your choices regarding use, access and correction of your personal data.  By accessing the Malvern Services, you consent to the collection, use, transfer, retention and disclosure of such personal data in accordance with the terms of this Privacy Policy and agree to accept and be bound by the terms herein.

1. Information We Collect

1.1 Personal Information

We collect both personal information and non-personal information.  Personal information identifies you or another person as an individual and includes such items as your name, address, phone number and email address.

We collect personal information through your use and interaction with our Services, such as you when you transmit communications through the Software, Sites or Third Party Software, when you register for an account with us, when you post messages and content through the Software, Sites or Third Party Software, when you send us an email or other communication, or when you transmit to us personal information through the Malvern Cloud or through other means.  Also, personal information may be collected automatically through the Software, Third Party Software and directly to the Malvern Cloud.  Please be aware that certain Software installed on your Device may access other files on your Device, such as your contacts, photographs, audio and video clips and your contact information.  If you activate your machine through Third Party Software, personal information may be transmitted to us.  Please be aware that the collection, use, disclosure, retention and other practices of any third party who collects your information is subject to the privacy policy of such third party, which we do not control. If you are a customer of Malvern, we collect personal information (about you and your end users) that you transmit to us.

1.2 Non-Personal Information

1.2.1 Non-personal information does not personally identify you or another person as an individual and includes such items as aggregated information, demographic information and any other information that does not reveal your or another individual’s specific identity. We and our third party service providers may collect non-personal information from you, your Activated Product, the Software, Third Party Software, and other means.

1.2.2 Non-personal information includes the following:

  1. the unique device ID number of your Device (‘UDID’), address of your Activated Product and the IP address of your Device;
  2. the wireless connection information of your Activated Product;
  3. OS type and version, browser type and version, push notice identifier, and mobile network information of your Device;
  4. traffic data, location data, logs, communication data, and data about the resources you use through the Software, Sites or Third Party Software;
  5. real-time location information about your Device;
  6. information that has been aggregated in a manner such that it does not personally identify you or any other individual; and
  7. metadata and other information associated with other files stored on your Device, such as photographs, audio and video clips, personal contacts and address book information.

1.2.3 Sensitive Information:

  1. Sensitive information is information about your origin, beliefs, membership, sexual preferences or health. In ordinary circumstances, Malvern does not collect sensitive information.
  2. Malvern will not collect sensitive information from you without your consent. If we collect sensitive information from you, we will disclose to you the reason for seeking it.

1.3 Cookies and Other Technologies

When you visit the Sites, we may send one or more ‘cookies’, which are small data files, to your Device to uniquely identify your browser and let us help you log in faster and enhance your navigation through the Sites.  If you use Third Party Software, the provider thereof may send one or more cookies to your Device.  Cookies help us measure, for example, the total number of visitors to our Sites, the number of visitors to each page of our Sites, how our users use and interact with the Services, and the domain names of our visitors’ Internet service providers.  You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent.  If you do not want cookies to be installed on your Device, there is a simple procedure in most browsers that allows you to decline the use of cookies.  Please be aware that some features of the Sites and Services will not function properly if the ability of your Device to accept cookies is disabled.

We may also use web beacons to track usage patterns of users of the Services. Additionally, we may use HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting and make the Services better for our users.

1.4 IP Address and UDID

Your IP address is a number that is automatically assigned to your Device by your Internet service provider, your UDID (or similar ID) is the unique identification number associated with your Device.  Your IP address and UDID are identified and logged automatically in our server log files whenever you visit the Sites, use the Software or Third Party Software to connect to the Malvern Cloud, along with the time(s) of such visit(s), the page(s) on the Sites that were visited, the features within the Software and Malvern Cloud that were accessed and used. Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites.  Please note that we treat IP addresses, UDIDs, server log files and related information as non-personal information, except where we are required to do otherwise under applicable law.

1.5 Tracking

We honor do-not-track signals or similar technologies that our systems detect and identify.  We do not track, plant cookies, or use advertising when such do-not-track (DNT) browser mechanism is in place on your Device.

2. How We Use Your Information

2.1 Personal Information

We may use your personal information in the following ways:

2.1.1 To create an account when you register with us.

2.1.2 To fulfill your requests, respond to your inquiries, provide services, or complete transactions you have requested.

2.1.3 To fulfill your requests, respond to your inquiries, provide services, or complete transactions you have requested

2.1.4 To inform you about services that we believe may be of interest to you.  If we do so, each communication we send you will contain instructions permitting you to opt-out of receiving future communications of that nature.

2.1.5  To send you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information.  Because this information may be important, you may not opt-out of receiving such communications.

2.1.6 To resolve problems or issues with the Services or other users.

2.1.7  For our internal business purposes, such as data analysis, audits, developing new products or services, enhancing and improving the Services and identifying usage trends.

2.1.8 As we believe to be necessary or appropriate:

(a) in any manner permitted under applicable law, including laws outside your country of residence;

(b) to comply with legal process;

(c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence;

(d) to enforce our terms and conditions;

(e) to protect our operations, business and systems;

(f) to protect our rights, privacy, safety or property, and/or that of other users, including you; and

(g) to allow us to pursue available remedies or limit the damages that we may sustain.

2.2  Non-Personal Information

Because non-personal information does not identify you in any way, we may use and share with third parties non-personal information for any purpose, including our own internal business purposes.  If non-personal information is combined with any of your personal information, then such combined information will be treated by us as personal information for so long as such information is combined.

3. How We Share Your Information

3.1 Personal Information

We do not sell your personal information for marketing purposes.  We limit disclosure of your personal information as listed below. We may disclose your personal information:

3.1.1 To our third party service providers who perform certain business-related functions for us, such as website hosting, cloud storage, data analysis, payment and credit card processing, infrastructure provision, IT services, customer service, e-mail delivery services, and other similar services to enable them to provide services to us.

3.1.2 To our customers and other business affiliates who provide you, directly or indirectly, with your Activated Product, Third Party Software, and/or networks and systems through which you access and use the Sites, Software and/or Malvern Cloud and/or through which you transmit information to us.

3.1.3 To an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

3.1.4 As we believe to be necessary or appropriate:

(a) in any manner permitted under applicable law, including laws outside your country of residence;

(b) to comply with legal process;

(c)  to respond to requests from public and government authorities, including public and government authorities outside your country of residence;

(d) to enforce our terms and conditions;

(e) to protect our operations, business and systems;

(f) to protect our rights, privacy, safety or property, and/or that of other users, including you; and

(g) to allow us to pursue available remedies or limit the damages that we may sustain.

3.1.5 Except for the third parties described above, to third parties only with your consent. Please note that we do not control any third parties’ use or disclosure of your information.

3.2 Non-Personal Information

3.2.1 Because non-personal information does not identify you in any way, we may share non-personal information with any third party for any purpose.

4. Other Important Terms Regarding Our Privacy Practices

4.1 Information You Post or Share

We cannot control the actions of other users of the Service with whom you share your personal information, including any information you post or share on any public area of the Services or other area of the Services where you post or share information with third parties.  Please be aware that any information that you share or post on an area of the Services intended to be viewed and accessed by third parties may be viewed, collected and used by others.  We do not control how others will use or share any information shared or posted by you.

4.2 Third Party Services

The Services may contain links to other web sites or services not operated or controlled by Malvern (‘Third Party Services’).  This privacy practices of Third Party Services may vary from this Privacy Policy and we recommend that you contact the Third Party Services directly for information about their privacy practices.  Any links from the Services to Third Party Service do not imply that Malvern endorses or has reviewed the Third Party Services.

4.3 Protecting Your Information

We use commercially reasonable physical, administrative, and technical safeguards to preserve the integrity and security of your personal information.  Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.  Therefore, we cannot ensure or warrant the security of any information you transmit or provide to us or guarantee that your information on the Services may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, administrative and/or technical safeguards.  Additionally, we will not be responsible or liable to you for third party circumvention of our security measures.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by email to [email protected].

4.4 Opting Out of Receiving Communications From Us

You may opt out from receiving marketing-related emails or other communications from us by emailing us at [email protected].  We will comply with your opt-out request as soon as reasonably practicable.  Please note that if you opt out as described above, this will apply to marketing messages from us only.  We will not be able to remove your personal information from the database of any other party with whom you have shared such information or from third parties to whom you have previously authorized us to share such information (i.e., to which we have already provided your personal information as of the date that we implement your opt-out request).  Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.

4.5 Accessing and Changing Your Personal Information

If you would like to access, change, update or delete your personal information that you provided directly to us, you may contact us by email to [email protected] in accordance with section 4.11 below.  We provide reasonable access to view and correct your personal information, and where applicable, to delete your personal information.  In your request, please make clear what information you would like to have changed, whether you would like to have your personal information deleted from our database or otherwise let us know what limitations you would like to put on our use of your personal information.  In order to comply with your request, we will first need to authenticate your identity and thereafter, we will try to comply with your request as soon as and to the extent reasonably practicable.  Again, we cannot remove your personal information from the database of any other parties with whom you have shared such information or from third parties to whom you have previously authorized us to share such information.  We may need to retain certain information for record keeping purposes, and there may also be residual personal information that will remain within our databases and other records even after you have requested the removal of your personal information from our databases.

4.6 Disclosure to Third Parties

We do not disclose personal information to third parties for their direct marketing purposes without your consent.  If you require further information regarding our disclosure of personal information to third parties, please contact us by email to [email protected] in accordance with section 4.11 below.

4.7 Retention Period

We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy or to otherwise fulfill a legal obligation, unless a longer retention period is required or permitted by law.

4.8 Storage of Personal Information

Except to the extent prohibited by law, we may store and back-up personal information within databases located within and outside of Australia.

4.9 Jurisdictional Issues

We do not represent or warrant that the Services, or any part thereof, is appropriate or available for use in any particular jurisdiction.  Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.  By providing personal information through the Services, you consent to the transfer of personal information to other countries, which may provide a different level of data security than in your country of residence, except to the extent prohibited by law.

4.10 Anonymity and Pseudonyms

We will not be able to accommodate any request that you have for anonymity or for you to use a pseudonym.

4.11 Requests, Questions or Comments regarding our Privacy Policy

Requests, questions or comments regarding our Privacy Policy should be directed to [email protected].

4.12 Complaints

If you feel that Malvern has not treated your Personal Information in accordance with our Privacy Policy or in accordance with the Australian Privacy Principles, we invite you to contact us by directing your complaint to the General Manager at the above address.

4.13 Changes

Please note, we may change information on this Site and/or this Policy, at any time without notice.  You should regularly review this Policy for any changes.  Any changes will be effective immediately upon the posting of the revised Policy on this Site.  By continuing to use the Site, you agree to any changes, and by providing continued access to the Site we are providing you consideration for agreement to such changes.

4.14 Australian Privacy Principles

If you are interested in obtaining further information about the Australian Privacy Principles, you can visit the Australian Government website at www.commlaw.gov.au