Terms and Conditions & Privacy Policy

PRIVACY POLICY

Our Privacy Policy

Personal information collected by Colourworks Australia Pty Limited (‘Colourworks’) is managed in accordance with this Privacy Policy.

WHY we collect personal Information?

We need to collect and use personal information to run our business – to do things like:

• fulfil orders for goods and services.
• operate our online services.
• provide commercial credit and finance
• provide training, product, and service information.
• manage customer and other business relationships.
• deal with inquiries and feedback.
• improve our products and services.
• conduct events, promotions, competitions, and research.
• promote and market our company, products and services.
• understand our customers and community and tailor our products, services, marketing, offers, invitations, and communications to suit their needs; and
• recruit staff and manage contractors.

WHAT kinds of personal information do we collect?

We collect personal information about our consumer customers, business contacts, job applicants, and others. Depending on the circumstances, we may collect their names and contact details, and information about their:

• transactions with us,
• use of our products and services.
• subscription preferences.
• interests and skill levels.
• participation in events, promotions and competitions that we offer
• job applications; and
• other interactions and communications with us.

WHAT kinds of personal information do we collect? (continued)

We may collect financial, credit-related and identity verification information about people to provide them or related entities with commercial credit or finance, lend equipment, operate product trade in programs, or to comply with legislation like anti-money laundering laws and counter-terrorism laws.

We collect information about how people use our digital properties (including websites, social media sites, apps and electronic communications) and third-party websites (digital interactions). Also, if people share an image with us, we may collect the metadata (such as camera details and geolocation data) attached to that image (image metadata). Usually, the digital interactions data and image metadata we collect is anonymous. However, where a person signs up for one of our services, we may link their digital interactions data and image metadata (past and future) to them. We may also attribute and add to such data-anonymised data from third party sources, such as consumer analytic data from data aggregators. In that case we will treat all such data as personal information.

We provide opportunities for people to share additional information with us if they wish, such as product wish lists, imaging interests, experience level, preferences, product reviews, and social network profiles.

HOW we approach Direct Marketing

We like being direct and we don’t like imposing.

We will only send direct marketing communications to people if we have their consent, or the law otherwise permits. We may use any personal information we have collected about a person to tailor those communications to reflect their needs.

We will always provide a simple way to opt out of any direct marketing from us.

WHO do we usually disclose personal information?

We need to share some personal information we hold with other businesses to enable them to help us with services like data storage, business processes, deliveries and so on. We only disclose what is necessary for them to do their job, and they are contractually obliged to keep your details safe.

HOW do we protect personal information?

We know how important it is to keep personal information secure, so we have a range of processes in place, including:

• using secure servers and other appropriate measures to protect electronic data;
• measures to control internal access, physical access restrictions, network structures, passwords and access tracking.
• secure third-party online payment methods
• And when information isn’t needed anymore, we’ll make sure it gets destroyed, deleted or de-identified.

HOW can I get in touch about my personal information?

If we hold personal information about you, you have rights to access it and/or ask us to correct it if it’s wrong. All you need to do is contact our Privacy Officer.

Please also contact our Privacy Officer if you have any concerns or complaints about how we’ve handled your personal information. They will investigate and respond in writing as quickly as possible. If you’re not satisfied after that, it’s your right under the privacy legislation to lodge a complaint

Here’s how you can reach our Privacy Officer:

Colourworks Australia Pty Limited

Unit 1, 7 Pambalong Drive

Mayfield West NSW 2304

1300 351 594

privacy@colourworks.com.au

Personal information collected by Colourworks Australia Pty Limited and its wholly owned subsidiaries is managed in accordance with this Privacy Policy.

This policy may be updated from time to time.

Colourworks Australia Pty Limited Last updated: October 24, 2022

Download Colourworks Privacy Policy

1. AGREEMENT

Colourworks ("Colourworks", "we", "us", "our") provides its website at https://www.colourworks.com.au/ and/or any other domain names owned by Colourworks ("Website") to you ("you, "your", "User") subject to this Privacy Policy and Terms and Conditions ("Agreement").

By your continued use of the Website you are deemed to agree to and accept the terms of this Agreement.

If you do not agree to the terms of this Agreement you should not continue to use this site.

2. PRIVACY POLICY

Colourworks is committed to protecting your privacy. We comply with the National Privacy Principles and all other relevant Australian legislation.

Colourworks may collect anonymous information about your usage of the Website such as your IP Address and the pages you visit. We may also collect any personal information you choose to provide to us via the "Contact Us" page. We may send HTML-based emails to you from time to time and track whether you choose to open these emails. This information is collected primarily to improve your visit to the Website and to optimize your viewing experience.

We may use any email addresses provided by you to us via the "Contact Us" page or by any other means to send updates and news regarding Colourworks or the Website. You may choose not to receive communications of this type by "opting out" at the bottom of any such email communication.

We may use cookies to store information about your visits to the Website, which allows us to improve your viewing experience. Cookies are stored on your machine but do not identify you or give us any information other than what you choose to provide us with. We do not link any information we store in cookies to any personally identifiable information that you may send to us via the "Contact Us" page. You may be able to configure your browser and/or firewall to reject these cookies, however your use of the Website may be hampered if you choose to do so.

We may provide links to other websites on our Website. We are not responsible for the privacy policy and/or practices of those third party websites and do not endorse the content or opinions expressed therein. You should be sure to read the privacy policy of any third party website you choose to access.

We use reasonable measures to ensure that any information collected by us is kept private however we cannot guarantee the security of such information despite such efforts.

Other than as provided in this Agreement, we will not disclose any personal information to any Third Parties without your consent unless we are required to do so by law or to enforce the terms of this Agreement or in the event of the sale of Colourworks to any third party.

3. USE OF THE WEBSITE

This Website is for your personal, non-commercial use only. You are strictly prohibited from the following:

• downloading, copying, altering, modifying, distributing, adapting, modifying and/or re-transmitting any or all of the content on the Website without our written consent;
• using the Website or content therein for any commercial use

4. INTELLECTUAL PROPERTY

We either own or have a valid licence to use all intellectual property included on this Website, including, but not limited to registered and unregistered trade marks, graphics, logos, text, images, audio, video clips, software, data compilations, button icons and digital downloads.

Nothing contained herein grants you any licence or any right to use, in any way, any of the intellectual property included on the Website without our prior written consent.

5. TERMINATION

We reserve the right, in our sole discretion and without cause, to restrict or terminate your access to the Website, without prior notice to you and without incurring any liability.

6. DISCLAIMERS

Third Party Websites

The Website may contain links to third party websites. We do not monitor such websites, are not responsible for the material and content included on them and are not responsible for any potential damage arising out of or in connection with your use of such links. Any User access to third party websites at their own risk.

Use of the Website and Technical Issues

Despite our best efforts, we make no warranties that our website is free from infection by computer viruses or other contamination.

Under no circumstances shall we be liable for any loss or damage, including personal injury or death, resulting from use of our Website or from the conduct of any other Users on the Website. The Website is provided "as is" and "as available" and we expressly disclaim any warranty of fitness for any particular purpose or non-infringement.

Territory

Our Website is controlled, hosted and offered from its facilities in Australia. We make no representations as to the availability or appropriateness of the Website for use from other territories. Any access from other territories is at the User’s own risk and the User is responsible for compliance with any local laws.

Limitation of Liability

EXCEPT FOR ANY LIABILITY THAT BY LAW CANNOT BE EXCLUDED, UNDER NO CIRCUMSTANCES WILL Colourworks, ITS DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, COST (INCLUDING, BUT NOT LIMITED TO LEGAL COSTS) WHATSOEVER RESULTING FROM ANY USE OR ACCESS OR INABILITY TO USE OR ACCESS THE WEBSITE.

YOU INDEMNIFY AND AGREE TO KEEP HARMLESS Colourworks AND ITS DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS IN RESPECT OF ANY CLAIM, PROCEEDINGS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO LEGAL EXPENSES) ARISING OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR ANY NEGLIGENT ACT OR OMMISSION IN PERFORMING YOUR OBLIGATIONS UNDER THIS AGREEMENT OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY.

7. GENERAL

• This Agreement is governed in accordance with the laws of NSW, Australia and you agree to submit to the non-exclusive jurisdiction of the state of NSW, Australia.
• Any failure of ours to exercise or enforce any right or provision in this Agreement does not constitute a waiver of that right or provisions.
• This Agreement constitutes the entire agreement between the User and Colourworks in relation to any use of the Website.
• The terms of this Agreement may not be assigned by you but may be assigned by Colourworks without restriction.
• If any part of this Agreement is found to be invalid or of no force or effect under any applicable laws, the Agreement shall be interpreted as though such part had not been inserted and the rest of the Agreement shall retain its full force and effect.
• Colourworks reserves its right to amend the terms of this Agreement from time to time. Your continued use of the Website following such amendments constitutes your acceptance of such revised terms.

SCHEDULE B : Data Management Policy

Therefore Online

A. Purpose of this Document

1. The purpose of this document is to inform You about the data management practices applicable to your use of the

SERVICES

1) Definitions

a) The definitions set out in the Agreement for the supply of Therefore Online applies to all capitalised Terms used and not defined in this Policy

2) Storage of Your Data

a) By subscribing to and/or using the Services, You consent to all active described in the Agreement for the supply of

Therefore Online and this policy, including but not limited to:

i) The storage and transfer of Your Customer Data for the purpose of providing the Services

ii) Activity logging (as described below)

iii) The storage of the data for a reasonable period post-termination of the services (as described below)

b) It is Your responsibility to communicate the content of this Data Management Policy to all Your Users and obtain or procure all necessary consents

3) Customer Data Security

a) Usernames and Passwords are required to access the Services. It is recommended that Authorised Users change passwords at regular intervals. Your administrator is responsible for account passwords, the creation of accounts within Your tenancy, the creation of categories and workflows and the security settings You want applicable to Your Users.

b) All Microsoft Azure ® data centres where Your Customer Data is stored are Information Security Management Systems (ISMS) ISO 27001, FedRAMP, SOC 1 and SOC 2 compliant. The data centres have 24-hour on-site security controls in place. Further details are available on request.

c) Anti-virus protection is installed on the servers where Customer Data is stored. You are responsible for providing local anti-virus protection.

d) Customer Data is transferred to and from the data centre servers via HTTPS.

4) Customer Data Back-up

a) Our Subcontractor Canon are responsible for the back of Customer Data in our provision of Back-up Services. Your Customer Data in Therefore Online is encrypted and stored in a local data centre in Sydney the replicated to a data centre in Melbourne for additional backup security. All Customer Data is redundantly back up in the data centre. Customer Data is copied on multiple disks so if one disk or even multiple disks fail Customer Data remains intact. Databases are stored in SQL AZURE with redundancy systems handled by Microsoft’s ® uptime and availability. Data will be stored in the backup data centre for up to 12 months. For clarity We will not access Your Customer Data after terminating or expiry unless You request Us to do so in writing from an Authorised Representative of Your company.

b) Once Your Customer Data is uploaded to Smart Capture it leaves Therefore Online. The Smart Capture server is hosted in an AWS data centre located in the Republic of Ireland, with the European Union. The AWS data centre iscertified as ISO 27001 compliant.

c) The standard retention period documentation sent to the Smart Capture server is 12 months. During this 12-month period Customer Data is retained to develop and refine the data extraction capability of Smart Capture. You can change the retention period of Customer Data sent to Smart Capture to a period of no less than 1 day. Changing the retention period of Customer Data will also change the retention of the learning that Smart Capture will store on Your Customer.

DATA

5) Access to Customer Data

a) Access for Users to the Services is handled with use account permissions and a tenancy name which are managed by Your Administrator.

b) You only have access to Your Customer Data in Your tenancy. You will be assigned a name and the user will connect to Your tenancy using the tenant’s name.

c) Our Subcontractor Canon staff do not ordinarily have access to Your Customer Data except to give support or provide professional services with Your consent. Canon staff will only have access to Your tenant with a user account supplied to them by You.

d) Select employees at Canon have overall administrative access to the whole of the Therefore Online system. This is a mandatory requirement for the purpose of providing maintenance, monitoring and support. The information is secured by each Authorised User’s unique certificate.

e) Unless required by law, Canon’s hosting subcontractor does not have access to Your Customer Data. Your Customer Data is secured by certificates.

f) Your Customer Data may be disclosed to the extent necessary to comply with any law, regulation or pursuant to an order of a court or other such competent authority. In such event, We will use reasonable endeavours to provide You with advanced notice to take reasonable steps to mitigate the effect of such disclosure.

6) Activity Logging

a) The Software has an activity log that records information about every change in the system.

b) Activity logging the Software is arranged in three categories:

i) Document Events, which include but not limited to changes to documents, details of the user that accessed the documents

ii) Workflow Event, which include but not limited to the identity of a user that authorised an action to occur within a workflow

iii) Administrative Event, which include but not limited to change made by an administrator to the Software

c) Access to the activity log is controlled by Your Administrator. It is Your responsibility to review the activity logs for suspicious activity.

d) Full details of what events can be logged in activity logs are given in the Administration Manual for Therefore provided as part of the Documentation.

7) Data Retention and Deletion of on Termination

a) Subject to clause 6 of the Agreement’s terms and conditions:

i) On termination of the Agreement for the supply of Therefore Online, We offer the following options for retrieving Your Customer Data:

ii) You can download Your Customer Data Yourself (within 60 days’ notice of termination period); or

iii) You can request that Our subcontractor Canon removes the Customer Data. A Data Removal Charge applies (at Current Rates). Canon will then export Your Customer Data and provide it to You. The Data Removal Charge will be a separate charge on Your final invoice.

b) If You do not notify us that You have deleted Your Customer Data or do not wish us to export it for You 60-days prior to the last day of the Term, Canon will extract Your Customer Data on the last day of the Term and provide it to You. Should Canon extract Your Customer Data a Data Removal Charge will apply and will be charged on Your final invoice.After termination or expiry of the Agreement for the supply of Therefore Online, Canon will erase all Your Customer Data.

Service Infrastructure

c) Your Customer Data , the Software and SQL database are stored in the data centre in a virtual drive.

Further Information

d) For further technical information, see the Therefore ServiceInformation provided as part of the Documentation.

Please click here to view our WHS Policy