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Legal Notifications
Last Updated: 23 September 2021
People Diagnostix respects your privacy and are committed to protecting your personal data. Our Privacy Policy explains how People Diagnostix collects and handles your personal information, and applies to our platform, app and website. The Privacy Policy is intended to meet our duties of transparency under the “General Data Protection Regulation” or “GDPR”.
Our privacy policy includes:
- 1. Introduction and how to contact us
2. Privacy, Personal Information, Personal Data and Employee Records
3. Purpose
4. Scope and Applicability
5. About this Privacy Policy
6. Consent
7. Privacy Principles Governing the Handling of Personal Information
8. Complaints, Enquiries and Access to Information Requests
9. How to make a Complaint, Equiries and Access to Information Requests
10. Skill, Diligence, Care
11. Breach
12. Governing Law
13. Company Information
14. Representative for data subjects in the EU and UK
We will post any modifications or changes to this Privacy Policy on this page.
1. Introduction and how to contact us
People Diagnostix Pty Limited (People Diagnostix) is a privately held entity that provides FlourishDx (FDx) and Flourishing at School (FAS), a cloud and smartphone based software solution for workplaces and schools wanting to understand and promote positive employee and student mental health.
People Diagnostix applies the science of work design and positive psychology to assess psychosocial hazards, and leading indicators of employee and student mental health. FDx and FAS software and related products include an expansive resource library for self-development and risk mitigation.
Under the Australian Privacy Act (Cth) 1988 (Privacy Act) 'health service' includes any activity that involves assessing, maintaining, improving or managing a person's physical or psychological health, as such, People Diagnostix (We, Us, Our) is subject to the Privacy Act, and because People Diagnostix provides services and solutions internationally, We must also comply with privacy-related laws in other countries.
Data protection law in certain jurisdictions differentiates between the “Controller” and “Processor” of information. For the purposes of the GDPR, People Diagnostix is the Controller of your Personal Data. People Diagnostix is a company registered in Western Australia and our Australian Business Number is 60 646 347 220. Our head office and address is Unit 14, 16 Brodie Hall Drive, Bentley Western Australia 6102 Australia.
How to contact us
You can contact us by emailing: privacy@flourishdx.com
Our Data Protection Officer
The GDPR requires us to appoint a “Data Protection Officer”, this is a person who is responsible for overseeing and advising us in relation to our compliance with the GDPR, including compliance with the practices described in this Privacy Policy. If you want to contact our Data Protection Officer directly, you can email: privacy@flourishdx.com
2. Privacy, Personal Information, Personal Data and Employee Records
This Privacy Policy and Collection Statement (Policy) concerns information or an opinion about an identified individual or an individual that is reasonably identifiable (You). For the purpose of this Policy ‘privacy’, ‘personal information’ and ‘personal data’ (PI) have the same meaning. The PI either identifies, or it has the potential to identify an individual.
People Diagnostix processes identifying PI and also special categories of PI involving physical or mental health and other conditions (Sensitive PI).
We make no distinction between employee records and other sources of PI. Neither do we discriminate between different formats of PI (electronic records, paper records, voice files etc.), nor whether the information or opinions are true or not. All PI that We process and hold (where We have possession or control of a record), or use and disclose (where the information is outside of Our possession or control) is treated with the same respect, security and high standards.
3. Purpose
The purpose of this Policy is to inform You about the personal information that We ‘process’ (hold, collect, record, organise, structure, store, adapt, alter, retrieve, consult, use, disclose, transmit, disseminate or make available, align, combine, restrict, erase, destroy and profile) about You, how We handle it, and inform You about Your choices.
4. Scope and Applicability
This scope of this Policy extends to all personal information that We process in the course of providing the FDx and/or FAS services, in complying with law and managing risk.
In providing the service, this Policy extends to Our business activities which include our client relationships, internal operations (management, employees, temporary staff, contractors) and external operations (third parties such as business partners and service providers).
The scope of this Policy extends to our external client-facing activities such as Our online presence at www.peoplediagnostix.com.au, www.flourishdx.com, www.flourishingatschool.com and to the personal information that is collected through Our Websites and the use of email for general communications and marketing purposes.
This Policy does not extend to third party websites or to social media accessed via links on Our Website or email communications. Use of third-party links and social media will be governed by the privacy policies and terms of use of the relevant service providers.
5. About this Privacy Policy
This Policy is written in simple language so that it is easy to understand. If something is not clear, We invite You to contact Us so that We can provide assistance. Our contact details are provided in section 13 below. They will also be provided every time that We make contact with, an individual.
This Policy outlines the current personal information handling practices of People Diagnostix. We will update this Policy when Our information handling practices change and We will publish updates on Our Website and through Our email distribution lists.
While We publish Our Privacy Policy on Our Website so that it is easily accessible, We also make copies available on request in paper format. In most circumstances We do not charge a fee for providing a copy of the Policy. If however, a request is made for a copy in some other format (foreign language requirements or those linked to disabilities such as sight or hearing impairment), special arrangements may need to be made and a charge may apply.
6. Consent
In all cases where consent is required, whether it be express consent (verbal, in writing, click-wrap tick box) or implied consent (browse-wrap without a tick-box and other behaviour which indicates consent through continued use), it must be voluntary, current, specific and based upon adequate information about the circumstances and choices available to You as an individual. Naturally, You must have the capacity to understand, to give (for example be 16 years or older) and communicate consent. If you are unable to provide consent you must not access our Services until a parent or guardian is able to consent on your behalf. Individuals who are not sure about giving consent are encouraged to contact Us. See section 13 for contact details.
7. Privacy Principles Governing the Handling of Personal Information
People Diagnostix is committed to making every reasonable effort to manage personal information in an open and transparent way and in compliance with the Privacy Act and any other privacy-related laws in other countries which relate to the services provided by People Diagnostix.
7.1 Open and Transparent Management of Personal Information
To support this commitment, We have implemented practices, procedures and systems to align Our handling of personal information with principles that have been derived from Australian privacy law, relevant international law, international standards and best practice.
These practices, procedures and systems are intended to regulate Our internal and external business operations through the use of administrative, technical and physical controls. The legal notices published on Our Website are examples of Our administrative controls. Technical and physical controls are generally not made publicly available for security reasons (security through obscurity).
This Policy, together with Our Website Terms of Use and Email Legal notice, sets out how We provide for open and transparent management of personal information, to give individuals the ability to make informed choices about People Diagnostix services and communications with Us.
7.2 Anonymity and Pseudonymity
As an individual, You can choose to remain anonymous (You cannot be identified and We do not collect personal information), or You can choose to use a pseudonym (You can use a name, term or description that is different from Your own) when dealing with Us.
Circumstances where We give individuals the option to remain anonymous or to use a pseudonym include, for example, where individuals prefer not to be identified, to be left alone, to avoid direct marketing, to keep their whereabouts and choices from others, and to express views in the public arena without being identified.
Examples of circumstances where We Will need to know the identity of the person that We are dealing with relate to the provision of the People Diagnostix services, where identification is required or authorised by law, where a refund is requested, for dispute resolution, where access to information is requested for correction and where cost becomes excessive or impractical without knowing the identity of an individual We are dealing with.
7.3 Collection of Solicited Personal information
Information we generally collect
We are committed to collecting personal information by lawful and fair means and wherever possible only collecting it directly from the individual concerned.
We collect personal information from individuals where the information is reasonably necessary for one or more of the People Diagnostix functions, activities and legal obligations relating to the FDx and/or FAS services that We provide.
In providing People Diagnostix services to individuals We collect “Sensitive PI”. This Sensitive PI is provided by the individual themselves, or, by an organisation, partner or other stakeholders such as a university. Where We collect Sensitive PI, We always ask for prior consent in “writing”, where writing includes electronic forms of writing including, but not limited to email and ticking a box in an online form.
Broadly, we collect and process PI and Sensitive PI such as name, age, email address, location (city and country), sex and other demographic data that is applicable to the workplace or school context.
FDx and FAS contain surveys that collect different levels of information. This includes employees’ perceptions of their work experiences, related outcomes and general wellbeing. Our FDx and FAS services offer surveys that clients can customise to their organisation’s context. The aim of these (and possible future) online survey(s) is to provide a periodic assessment of well-being and social/environmental determinants of wellbeing.
For internal human resourcing, We also collect sensitive personal information, such as religious beliefs, trade union memberships and health information when it is required for employment reasons, or by law. We may solicit or request personal information from a third party such as an employment agency or referees in the context of employment.
In most instances, even for non-sensitive PI where We collect personal information, We only do so after a direct request to, and with the consent of the individual to whom the information relates.
In exceptional circumstances and for human resourcing, or when authorised or required by law, We may collect personal information from some source other than the individual themselves.
Where We provide People Diagnostix services to an organisation, such as a workplace We do solicit personal information from the organisation about an individual, but We still require the consent of each individual before their personal information is shared with Us. Our service agreement with workplace clients requires that Your consent is provided to the workplace and then to Us.
Information specific to account Administrators
Single sign-ons: If you choose to register or login using a third-party account (such as Azure Active Directory), the authentication of your login details are handled by that third party and we only collect the information you expressly agree to share with us at the time you give permission to link your FlourishDx account with the third party account. By using an Azure Active Directory Single Sign-On account (or other supported SSO), you are allowing us to access your Azure Active Directory (or other supported SSO) account information.
Human Resources Information System data: If the Customer uses a third-party human resource information system to import information into Services, we will also receive information from that third party (for example, your name, email address and demographic data).
Billing details: If you use a credit card for billing, our credit card processor may collect information such as the cardholder’s name, billing address, email address, credit card number, expiry date and credit card security code.
7.4 Dealing with Unsolicited Personal information
Personal information is sometimes provided to Us in circumstances where We have not requested it. In these circumstances, where the information is unsolicited, We will examine whether it could have been collected under in circumstance under section 7.3 above. We will then apply Our minds and decide whether this unsolicited information should be retained, de-identified or destroyed. Having made that decision, We will implement the decision within a reasonable time.
7.5 Notification of the Collection of Personal Information
This Policy, other legal notices published on Our website and Our internal practices, procedures and systems (administrative controls) are Our way to ensure that individuals know about the personal information that People Diagnostix collects.
We are committed to making all reasonable efforts to inform individuals about the personal information We collect before We collect it, for example by making this Policy and Our other Legal Notices publicly available. We will also inform individuals about collection at the time We collect personal information, for example when workplaces engage Us to provide People Diagnostix services, through website activity and other forms of communication such as email.
In exceptional circumstances where this does not happen, for example, when We receive unsolicited personal information from a third party which We decide to retain, We will inform individuals as soon as reasonably possible after the collection of personal information.
Through this Policy and other legal notices published on Our Website, We seek to ensure that individuals are informed about the reasons for the collection, and that they know how to contact the accountable office bearers at People Diagnostix. See section 15 below for details.
7.6 Use or Disclosure of Personal Information
Where We hold personal information about an individual that was collected for a particular purpose (the primary purpose) We will not use or disclose the information for another purpose (a secondary purpose) unless required or authorised by law, the individual has consented, or the individual would reasonably expect Us to use or disclose it for a related purpose. An example of a related purpose in these circumstances might be disclosure to a next-of-kin or health care provider in the case of an employee.
In some circumstances, for example, where We believe that the People Diagnostix service may be improved through new technologies such as data science (analytics), or where We see a benefit to individuals, We may use personal information that has been provided to Us by the individual themselves or received from third parties for a purpose that is different from the purpose for which it was given to Us in the first place. Where We do this, We will use and/or disclose the personal information in a de-identified format.
Broadly speaking, We use (process, handle and manage) personal information internally for 2 reasons:
- To provide People Diagnostix services: Examples include: Name, address (physical, postal, email and Internet Protocol address), telephone numbers and, cookies; and
- For internal human resourcing: Examples include: Name, address (physical, postal, email and Internet Protocol), health information, medical service provider and counselor details, next-of-kin, spouse or partner, banking details, tax, photo identity, trade union membership, religious beliefs, gender, cultural and ethnic identity, qualifications, training and the like.
We do not collect biometric forms of personal information such fingerprints.
We also use and retain personal information records which are required to be retained for legal, business and evidential reasons. Sometimes these come from external sources and third parties.
Broadly speaking We disclose personal information (release it outside of Our possession or control) for the same primary reasons listed above, providing the service, for human resourcing and where there is a legal obligation to do so.
7.7 Direct Communications
When We provide a service to individuals and to workplaces, We ask for consent to communicate directly with the individuals concerned in order to provide the service.
Whenever We do, We allow individuals to opt-out of receiving direct communications. When individuals request Us to stop communicating with them, We will comply with that request. However, we will still need to send certain account-related emails, such as purchase details or requests for password resets to fulfil Our service provision obligations.
We would also like to send you information about our Services that we think may be relevant to you. If you have agreed to receive marketing, you may always opt-out at a later date.
If an individual requests information about how We came to have their personal information, We will respond, and provide the source of an individual’s personal information wherever possible. We will respond to these requests within a reasonable time (thirty (30) business days).
We do not disclose, sell or share personal information with third parties for direct marketing purposes unless the individual opts into receiving such information from third parties.
7.8 Cookies and tracking technologies
Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. When you visit our websites or use our Services, We may collect information from you automatically through cookies or similar technology.
For further information, visit allaboutcookies.org.
We and our marketing partners or service providers, use technologies such as cookies, to analyse trends, administer our Website, track users’ movements around the Website, and to gather demographic information about our user base. We may receive data based on the use of these technologies by these companies on an individual and aggregated basis. We may share some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our Website.
We use cookies to remember users’ settings and preferences, such as language you prefer and location you are in and for session management to understand how people use our website and Services so that we can make it more intuitive to the User. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Services, however the Services may not function as intended and/or have reduced function.
Please see our Cookie Policy for more information on what cookies and tracking technologies we use in our Services.
7.9 Cross-border Disclosure of Personal Information
People Diagnostix operates from offices in Western Australia, Melbourne and Singapore and may add additional locations as the business grows. These operations include all aspects of internal operations that support the service that We provide as well as the provision of ‘live’ services (where personal information travels over telecommunications lines) and the storage of static personal information in data warehouses and on information systems.
People Diagnostix clients are located in Australia, the European Union (EU), Singapore, United States of America (USA), Canada, and the United Kingdom (UK). Over time we will extend the services to other jurisdictions with the result that personal information flow (is exported and imported) between these countries. Upon request, we can arrange for your data to be stored in the sovereign region of your choice, note this may incur an additional charge. There may be times when your Personal Information may be transferred, disclosed, or processed in another country. For example, if you contact our support team, any information you provide us in the support request (including personal information such as your name and email address) will be processed and hosted in Australia due to the location of our support team.
Because information systems enable Our FDx service, Personal information collected or used by Us may be located or disclosed in transit and in a static format in countries outside Australia, in the countries mentioned above, or elsewhere. Wherever reasonably possible, we meet international best practice standards and employ recognised mechanisms such as contractual clauses and other agreements.
We employ ‘Cloud’ technology services, and these too meet international best practice standards and employ recognised mechanisms such as contractual clauses.
People Diagnostix relies on various third-party service providers such as telecommunications providers, and Internet Service Providers. These are based in Australia, the EU, UK and USA.
Our operations include all aspects of internal and external business that support Our services such as (where personal information travels over telecommunications lines) and the storage of static personal information in data warehouses and on information systems.
7.10 Quality of Personal Information
We are committed to taking such steps as are reasonable in the circumstances to ensure that the personal information We collect, hold, use and disclose (process) is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.
To do this, We ask individuals to assist Us. We provide various technical means, including email notifications and user registration access where individuals can access, verify and update personal information records that We hold. We ask individuals to participate by ensuring their information is accurate, up-to-date, complete and relevant. Individuals are also encouraged to use the access and correction facilities that We provide. See sections 7.12 and 7.13 below.
7.11 Security of Personal Information
We are committed to taking reasonable steps to protect personal information that We hold from misuse, (wrong or improper use) interference (access even where the content is not necessarily modified) and loss (accidental, inadvertent, misplaced personal information).
We are also committed to securing personal information from unauthorised access (by someone that is not permitted access the information), modification (alteration by someone that is not permitted to do so, or who acts beyond the scope of their authority to modify personal information) and unauthorised disclosure (where personal information is released from Our effective control without authority).
To comply with law and manage risk, Our practices, procedures and systems aim to protect the confidentiality, integrity and availability of Our information systems and information, especially the personal information that We collect, hold, use and disclose.
Where there is no legal obligation to retain records and evidence, and in circumstances where We no longer need personal information to provide People Diagnostix services or for any purpose for which the information may be used or disclosed under Australian law, We take reasonable steps to destroy the information or to ensure that the information is de-identified.
Our information security and privacy practices include circumstances where Our data handling practices are outsourced to third parties. Because of this We endeavour wherever possible to bind third party service providers through appropriate legal agreements. We also endeavour to monitor their privacy and security practices where possible
We are ISO 27001 certified.
7.12 Access to Personal Information
Where We hold, or have the right and power to deal with personal information (for example, where it is stored by one of Our third party service providers), We will, on request by an individual, normally give that individual access to their information.
We do this so that individuals know what information We hold on them and because it assists Us to ensure that the personal information that We hold is up-to-date, complete and relevant.
In considering a request for access to personal information by an individual, We will require identification. We reserve the right not necessarily to give access to an individual to their personal information in circumstances, for example, where provided for in law, in instances of commercial sensitivity and where a third party may be negatively affected.
We will respond to an individual’s request for access to their information within a reasonable time (thirty (30) business days), and We will consider reasonable requests for access to be given in a particular format, for example, through user registration login, by facsimile, email and postal services. As a matter of courtesy, We will provide reasons for the refusal if access is refused.
No charge will apply when an access to information request is received. We do however reserve Our rights to charge a fee where We incur costs, for example, for photocopying, postage and costs associated with using an intermediary if one is required.
7.13 Correction of Personal Information
Where We hold personal information, We will take reasonable steps to correct it to ensure that, having regard to the purpose for which We hold it, it is accurate, up-to-date, complete, relevant and not misleading.
You, as an individual may request that We correct personal information that We hold about You in circumstances where You believe that the information is inaccurate, out of date, incomplete, irrelevant or misleading.
In considering a request for the correction of personal information that We hold, We will require identification of the requesting individual. We reserve the right not necessarily to effect the changes sought, but undertake to consider reasonable requests and to associate a statement to the record reflecting Our refusal to correct the failed request for correction if We consider refusal the appropriate action.
We will respond to a request to change information within a reasonable time (sixty (60) business days) although changes sought may take longer, for example, because We may need to contact and notify other organisations and individuals about the request.
No charge applies for making a request, correcting personal information or associating a statement for refusal to change a record.
As a matter of courtesy, We will provide reasons for the refusal if correction is refused, and also a reminder of the complaint process available to individuals that feel aggrieved by the refusal.
7.14 Additional Data Protection Rights
In addition to 7.12 and 7.13 we would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
Right to erasure: You have the right to request that We erase your personal data, under certain conditions
Right to restrict processing: You have the right to request that We restrict the processing of your personal data, under certain conditions
Right to object to processing: You have the right to object to Our processing of your personal data, under certain conditions
Right to data portability: You have the right to request that We transfer the data that we have collected to another organisation, or directly to you, under certain conditions
In considering a request to exercise data protection rights by an individual, We will require identification. We reserve the right to refuse an individual’s request in circumstances, for example, where provided for in law, in instances of commercial sensitivity and where a third party may be negatively affected. As a matter of courtesy, We will provide reasons for any such refusal.
We will respond to an individual’s request regarding their data protection rights within a reasonable time (sixty (60) business days).
7.15 Retention Period
Our Company will keep your Personal Information for up to one (1) year after the cessation of any Services provided that includes the processing of PI. Once this time period has expired, we will delete or de-identify your data.
In some circumstances, for example, where We believe that the People Diagnostix service may be improved through new technologies and techniques such as predictive analytics, or where We see a benefit to individuals, We may use personal information that has been provided to Us by the individual themselves or received from third parties for a purpose that is different from the purpose for which it was given to Us in the first place. Where We do this, We will use and/or disclose the personal information in a de-identified format and retain this data for an indefinite period
8. Complaints, Enquiries and Access to Information Requests
In most circumstances, the Australian Information Commissioner will not investigate a complaint if an individual has not first raised the matter with Us. For this reason, We ask individuals to agree to submit all complaints relating to this Policy to Us first, so that We have an opportunity to resolve complaints before they proceed to any relevant authority. Individuals are asked to direct all complaints and enquiries to Us at privacy@flourishdx.com and to see sections 9 and 13 below for further details.
Should you wish to report a complaint that you feel that People Diagnostix has not addressed your concern in a satisfactory manner, you may contact the Australian Information Commissioner.
9. How to make a Complaint, Enquiries and Access to Information Requests
Individuals wanting to lodge a complaint can make general enquiries, request access to their information and complain to Us in writing. This includes email communications but excludes text and social media.
We will respond to complaints within a reasonable time (thirty (30) business days). As in the case of requests to change information, a longer response time may be needed, for example, because We may need to contact and notify other organisations and individuals affected by the complaint. In this case We will endeavour to respond within sixty (60) business days.
Should you wish to report a complaint that you feel that People Diagnostix has not addressed your concern in a satisfactory manner, you may contact the Australian Information Commissioner.
10. Skill, Diligence, Care
People Diagnostix will exercise reasonable skill, diligence and care as may reasonably be expected from a similar service provider.
11. Breach
If, and when, People Diagnostix suspects, or becomes aware of a breach of its network or information systems resulting in unauthorised access to, or unauthorised disclosure of personal information likely to result in serious harm to any individuals to whom the information relates; or where information is lost in circumstances that may lead to unauthorised access to, or unauthorised disclosure of personal information, People Diagnostix will:
- Take remedial action;
- notify the individuals concerned, and notify the Office of the Australian Information Commissioner (Commissioner): and
- Work with the individuals concerned and the Commissioner to protect everyone and everything concerned.
If You suspect or become aware of a breach or an impending breach, please contact us as a matter of urgency on privacy@flourishdx.com
12. Governing Law
The principles outlined in this Privacy Policy and Collection Statement shall be governed by and interpreted in accordance with the laws of Western Australia.
13. Company Information
| Name | People Diagnostix Pty Ltd |
| Physical address and the address for receipt of legal service of documents | 4/14 Brodie-Hall Dr, Bentley, Western Australia, 6102 |
| Phone numbers | +61 (0) 1300 739 426 |
| Website address | www.peoplediagnostix.com.au |
| Email address | privacy@flourishdx.com |
| ABN | 60 646 347 220 |
14. Representative for data subjects in the EU and UK
We value your privacy and your rights as a data subject and have therefore appointed Prighter Group with its local partners as our privacy representative and your point of contact.
Prighter gives you an easy way to exercise your privacy-related rights (e.g. requests to access or erase personal data). If you want to contact us via our representative Prighter or make use of your data subject rights, please visit the following website. https://prighter.com/q/15482170900
Last Updated: 21 September 2021
1. Introduction
People Diagnostix Pty Limited (People Diagnostix) is a privately held entity which provides FlourishDx (FDx) and Flourishing at School (FAS), a cloud and smartphone based software solution for workplaces, universities and schools wanting to understand and promote positive mental health. Based in Western Australia, People Diagnostix provides services and solutions internationally.
People Diagnostix (Our) FDx and FAS products are provided primarily for educational purposes, to teach users (You) evidence-based approaches to stay mentally healthy and optimise wellbeing. Email is an integral part of Our product functionality and an important means of communicating with clients, service providers and third parties. Please also see Our Email Legal Notice and Privacy Policy and Collection Statement published at www.peoplediagnostix.com.au, www.flourishdx.com and www.flourishingatschool.com which are related notices.
This Terms of Use Agreement (Agreement) is a legal Agreement between You as a user of FlourishDx and/or Flourishing at School and Us, the registered owners of these products. If You do not agree to these terms, You must not use FlourishDx or Flourishing at School. Continued use means that You agree.
2. Commencement, Availability, Termination
This Agreement commences when You first visit the Website and/or download the App and continues until changed or terminated by Us. We reserve Our rights to change or discontinue any aspect of the App and/or Website including the Terms of Use. It is Your responsibility to ensure that You read and understand the Terms of Use which are made available by Us only in English.
3. Intellectual Property
The App and Website includes intellectual property such as domain name, copyright, trademark, and design, protected under Australian law and international agreements. We own or are licensed to use this intellectual property. We grant You a limited license to make a temporary electronic copy of all or part of the Website, download the App to your smartphone, and to print limited hard copy versions for Your personal use providing that all material is properly attributed. You may not commercially exploit, modify, claim ownership of, link to or incorporate Our App or Website content elsewhere without Our prior written consent.
4. Website Information and Records
We are committed to complying with legal, business and evidential requirements for information and records. We make reasonable efforts to ensure that the information You provide to Us through the App, Website and related email functionality is secure and processed in accordance with Our Privacy Policy. It is Your responsibility to keep records and backups of Your information.
5. Acceptable Use of App, Website and Email Functionality
You agree to the acceptable use of Our App and Website and the email functionality connected with the FDx and FAS products. You undertake not to use these services in an unlawful way or in any way that interferes with Our or other visitors’ use and enjoyment of, or access to these services. You agree that You are personally liable for the consequences of the improper use of these services and failure to comply with relevant law. If You are aware of unacceptable use by a third party, please contact Us at privacy@flourishdx.com and tell Us about it.
7. Communication
You agree that We may approach You or send You information including, information about Our services. You will always have the choice to inform Us in writing that You do not want Us to communicate with You and/or to opt-out of these communications.
8. Damages Arising from Email from People Diagnostix
Information technologies including telecommunication systems and networks expose People Diagnostix to dynamic security and business risk. People Diagnostix manages this risk in accordance with Australia law and through its policies, procedures and guidelines to prevent unauthorised access to or abuse of its systems and networks. While People Diagnostix is committed a reasonable standard care and diligence, People Diagnostix cannot and will not be liable for damages arising from the use of its Website which are beyond its control.
9. Complaints and Alternative Dispute Resolution
You agree to submit all complaints relating to this Agreement to Us first, so that We have an opportunity to resolve Your complaint before You proceed to any relevant authority. Please direct all complaints to privacy@flourishdx.com Subject to the above, You agree to confidential arbitration prior to proceeding to court or other forum. You expressly acknowledge that the arbitration proceeding agreed to prevent You from entering a class action lawsuit against Us in relation to any dispute arising from this Agreement. Nothing in this Agreement prevents either Us or You from approaching a court of competent jurisdiction for an interdict or for relief on an urgent basis.
10. Enforceability
You Agree that any electronic record, message, copy, printout or extract of these, signed by one of Our personnel will be absolute proof of the contents of the record, message, copy, printout or extract. No failure or delay by Us or You to exercise a right in this Agreement shall prevent Us or You from exercising Our rights in future. If a term of this Agreement is invalid, unenforceable or illegal, the remaining terms shall continue in full force and effect unless the invalidity, unenforceability or illegality goes to the root of this Agreement.
11. Limitation of Liability, Indemnity, No Warranty
You agree that the App and Website is provided on an “as is” and “as available” basis and that Your use of this App and Website is at Your sole discretion and risk. You agree that We will not be liable for any direct, indirect or consequential damages suffered by You arising from Your visit to the App, Website, this Agreement or otherwise. We will take reasonable care to ensure the accuracy of information and the availability of the App and Website, but make no representations, warranties or guarantees in any way because it is provided for general information purposes only and at Our discretion alone. To the fullest extent permissible in law, You hereby unconditionally and unreservedly indemnify and hold Us, Our directors, employees, consultants, agents, licensors and service providers, harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising.
12. Links to External Third Party Websites and Social Media
For Your convenience, We provide links to external third party websites and various social media resources. You agree that this does not mean that We endorse these and that You are entirely responsible for Your use and access to all other websites and media. The terms and conditions pertaining to the external third party Websites and media themselves will prevail where relevant.
13. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of Western Australia.
14. Skill, Diligence, Care
We will exercise reasonable skill, diligence and care as may reasonably be expected from a similar website provider.
15. Company Information
| Name | People Diagnostix Pty Ltd |
| Physical address and the address for receipt of legal service of documents | 4/14 Brodie-Hall Dr, Bentley, Western Australia, 6102 |
| Phone numbers | +61 (0) 1300 739 426 |
| Website address | www.peoplediagnostix.com.au |
| Email address | privacy@flourishdx.com |
| ABN | 60 646 347 220 |
Last Updated: 21 September 2021
1. Introduction
People Diagnostix Pty Limited (People Diagnostix, Us, We, Our) is a privately held entity which provides cloud-based software solutions for workplaces, universities and schools wanting to understand and promote positive mental health. Based in Western Australia, People Diagnostix provides services and solutions internationally.
2. Purpose and Relationship to Privacy Policy and Collection Statement
Our Privacy Policy and Collection Statement sets out how We ‘process’ (hold, collect, record, organise, structure, store, adapt, alter, retrieve, consult, use, disclose, transmit, disseminate or make available, align, combine, restrict, erase, destroy and profile) information about You.
This Cookie Policy sets out how we process personal information in relation to information communication technologies such as, cookies, tracking and advertising, all of which are necessary to the provision and the quality of People Diagnostix Service.
3. Cookies
Cookies are text files (state information) supplied by a web server to a browser, in response for a requested resource, for the browser to store temporarily and return to the server on any subsequent visits. Cookies are sent by People Diagnostix to a user’s computer or mobile device, and they are unique to a user’s account or browser.
People Diagnostix and our partners, affiliates and service providers use cookies and other tracking technologies to ensure users have the best possible experience. We use two kinds of cookies; (i) session-based cookies, which last only while a user’s browser is open, and which are automatically deleted when a browser is closed, and (ii) persistent cookies, which last until a user or a browser deletes them, or until they expire.
4. Web Beacons, Advertising Technologies (Tracking Objects)
A web beacon is a tiny image (object file), are also called a; tracking bug, bug, tag, page tag, tracking pixel, pixel tag, 1x1 gif, single pixel gif, clear gif, and sometimes, JavaScript tag.
Unlike cookies, which can be accepted or declined by a browser user, a web beacon arrives as a Graphic Interchange Format (GIF) or other file object. Web beacons for tracking are placed on a user’s computer to track the user’s activity on different web and mobile sites, creating a detailed profile of the user’s behaviour. JavaScript, a core technology of web content production is used to make webpages interactive and provide online programs and services.
A web beacon is invisible to a user, and placed on web and mobile pages, and in email messages, in such a way to enable People Diagnostix to track a user’s use of web servers and collect information, which allows Us to monitor user behaviour including content accessed. Web beacons or other file objects allow Us to use, access and manipulate (read and write) a user ‘s accessible files.
Web beacons can gather the following information and can be used for analytics (processing):
- The IP address of the device that fetched the web beacon;
- The URL of the page that the web beacon is located on;
- The URL of the web beacon;
- The time the web beacon was viewed;
- The type of browser that fetched the web beacon; and
- A previously set cookie value.
When a recipient user opens an email message that includes a web beacon, the email address of the user is validated when the beacon returns information to People Diagnostix confirming that the message has been opened.
The technologies used in providing the People Diagnostix service and products all process personal information.
5. How People Diagnostix Use Cookies and Tracking Objects
Some cookies are associated with a user account and personal information in order to remember that the user is logged in and to record where the user logged in. Some cookies are not tied to a user account, but are unique, and allow People Diagnostix to carry out analytics, specific services and customisation. Cookies are used to recognise a user, to remember the user’s preferences, and to give the user a personalised experience that is consistent with the user’s settings and preferences.
Other uses of these technologies include:
- Authentication – When a user signs in to People Diagnostix services, cookies help Us show the user the right information and personalise the user’s experience.
- Security - People Diagnostix uses cookies to enable and support security features and detect malicious activity.
- Services - Cookies inform Us about language and communication. They enable users to fill in online forms, and provide users with features, insights, and customised content.
- Performance and analytics - Cookies help Us learn how well Our Sites and Services perform. We also use cookies to understand, improve, and research products, features, and services, including to create logs and record when you access our sites and services from different devices, such as your school or home computer, or your mobile device;
- Marketing – We may use cookies to help Us deliver marketing campaigns and track the performance of the campaign. Our partners may use cookies to provide Us with information about user interactions with their services, but use of those third-party cookies is subject to the service provider’s policies. Cookies help provide Us with aggregated auditing, research, and reporting, and inform Us when content has been shown to a user.
- Back-end Systems - While advertising and tracking technologies include digital banner advertisements, they also include the back-end systems that help direct advertising to a target audience.
The technologies used in supporting and advertising the People Diagnostix service and products all process personal information.
6. Use Without Cookies and Tracking Objects
If a user limits the ability of websites and applications to set cookies, and other related tracking technologies, the user is likely to detract from the overall user experience. As a result the site will not be personalised, the user may lose the ability to access the services, and/or the user will be prevented from saving customised settings, like login information.
7. How to Opt-out
Users can opt-out of cookies being set, can remove cookies that have been set, and opt-out of interest-based advertising (targeting). To do this, users will need to visit the web browser help pages of their browser manufacturer. Some examples include:
Most browsers give users the ability to manage cookies. In some browsers users can set up rules to manage cookies on a site-by-site basis. This means that a user can disallow cookies from all sites except those that the user wants and trusts, giving the user a greater degree of control over their privacy.
A user can opt-out of third party cookies from Google Analytics on its website. A user can change device settings to control whether online interest-based advertising can be seen on their smart phones and other mobile devices. A user can register, check or remove their Australian telephone, mobile and fax numbers to opt out of receiving most unsolicited telemarketing calls and faxes via the Do Not Call Register located at https://www.donotcall.gov.au/.
Web beacons can be detected if a user looks at the source version of the page to find a tag that loads from a different web server than the rest of the page. It may be necessary for a user to use a third party browser-based add-in solution that run on browsers. These can be identified online.
8. Complaints and Enquiries
Users agree to submit all complaints relating to this Cookie Policy to Us first, so that We have an opportunity to resolve complaints before users proceed to any relevant authority. Users should please direct all complaints and enquiries to Us at privacy@flourishdx.com
| Name | People Diagnostix Pty Ltd |
| Physical address and the address for receipt of legal service of | 4/14 Brodie-Hall Dr, Bentley, Western Australia, 6102 |
| Phone numbers | +61 (0) 1300 739 426 |
| Website address | www.peoplediagnostix.com.au |
| Email address | privacy@flourishdx.com |
| ABN | 60 646 347 220 |
End User Licence Agreement
This Software Licence Agreement (the \"Agreement\") is a legal document that binds registered End Users to certain obligations contained herein. You understand and agree that the software application services described below are provided to End Users under this Agreement by People Diagnostix Pty Ltd, (referred to hereunder as \"People Diagnostix\", \"We,\" or \"Us\"), an Australian company with offices located at Unit 14, 16 Brodie-Hall Drive Bentley Western Australia.
PLEASE READ THIS AGREEMENT CAREFULLY. IT IS AN EXPRESS CONDITION THAT ALL USERS WHO ACCESS THE SERVICES AND USE THE SOFTWARE ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY CLICKING ON THE “I AGREE” BOX BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, CLICK THE “I DO NOT AGREE” BOX, EXIT IMMEDIATELY AND DO NOT USE THE SERVICES.
People Diagnostix provides the FlourishDx for assessment and educational purposes. End User desires to license the software solution from People Diagnostix, and People Diagnostix desires to grant a licence to the software solution pursuant to the terms and conditions hereof.
In consideration of the agreements contained below, the Parties hereby agree as follows:
1. Definitions
In this Agreement, including the recitals, unless the context otherwise requires:
Additional Seats means additional Seats purchased by the Subscriber after the Effective Date of this Agreement;
Address For Service means, in respect of a Party, that Party’s Address for Service or as varied by prior notice;
Administrator means the Administrator nominated by the Subscriber during the Service sign up process (who shall be an End User) or the End User nominated by the Subscriber from time to time to replace the Administrator;
Administrator Account means an End User Account which allows the Administrator to perform the Administrative Functions;
Administrative Functions includes the creation of End User Accounts, access to de-identified and aggregate data arising from End Users’ use of the Services, and delegation of these functions to other End User Accounts at the discretion of the Administrator;
Agreement means this agreement;
Effective Date means the date that this Agreement is entered into;
End User means an employee or representative of the Subscriber who is allocated a Seat in accordance with this Agreement and who is authorised by the Subscriber and People Diagnostix to use the Services;
End User Account means an account that is transferrable within a Subscriber that permits an End User to use the Services;
Initial Seats means the number of Seats purchased pursuant to this Agreement as of the Effective Date;
Legal Notices means the Legal Notices available at www.flourishdx.com;
Parties means the parties to this Agreement;
Seat Payment means the Seat Price multiplied by the number of Seats purchased pursuant to this Agreement;
Seat Price means the price payable per Seat;
Seats means the number of End User Accounts that the Subscriber is entitled to create during the Subscription Term;
Services means access to and use of the Software;
Sign and Signature shall include signs made by hand on paper and electronic signatures.
Software means FlourishDx, being People Diagnostix’s cloud-based software;
Subscriberthe organisation that engages the End User that is authorised to use the Services (also referred to as “You”);
Subscription End Date for monthly subscriptions this means the date that is exactly thirty(30) days after the Subscription Start Date.For annual subscriptions this means the date that is exactly twelve(12) months after the Subscription Start Date;
Subscription Start Date means the date of payment for service;
Subscription Term means the period commencing on the Subscription Start Date and expiring on the Subscription End Date.
Writing and Written for the purposes of this Agreement shall include writing on paper and email (including email provided through the functionality on the People Diagnostix’s web and mobile sites), but shall not include text messages or other electronic forms of writing.
2. Licence
2.1 People Diagnostix grants to the Subscriber, and the Subscriber accepts from People Diagnostix, a limited, non-exclusive, non-transferrable right to use the Services during the Subscription Term and only for the Permitted Use.
2.2 The Services shall not be used by any person that is not an End User.
2.3 The Subscriber must ensure that its End Users use the Services in accordance with the terms and conditions of this Agreement.
2.4 The use of the Services by the Subscriber or any End User pursuant to this Agreement shall be subject to the Legal Notices.
3. Seats
3.1 Subject to receipt of all amounts payable set out at clause 5, People Diagnostix shall ensure that:
3.1.1 On the Subscription Start Date: (a) Services commence; (b) the Initial Seats and any Additional Seats purchased prior to the Subscription Start Date are made available to the Subscriber; and (c) one of those Seats is allocated to the Administrator who is granted access to the Administrator Account;
3.1.2 Any Additional Seats purchased after the Subscription Start Date are made available to the Subscriber upon receipt of payment of the Seat Payment.
3.2 All Seats purchased pursuant to this Agreement expire on the Subscription End Date.
4. Administrator and End Users
4.1 The Administrator is authorised to perform the Administrative Functions on behalf of the Subscriber.
4.2 All access to the Services granted to End Users under this Agreement shall be subject to the Legal Notices provided at www.flourishdx.com.
4.3 The Subscriber shall ensure that all End Users comply with the terms of the Legal Notices and the Subscriber shall be liable for any breach of the Legal Notices.
4.4 The Subscriber must ensure that:
4.4.1 it obtains any necessary consent from its End Users to access and use the Services; and
4.4.2 its End Users are aware of and comply with the terms and conditions of this Agreement.
5. Seat Payments
5.1 The Subscriber shall pay to People Diagnostix the Seat Payment in respect of the Initial Seats:
5.1.1 For monthly subscribers and annual subscribers with less than 100 seats payment is due immediately via credit card.Access to the Services will not be granted until payment is received
5.1.2 For annual subscribers with more than 100 seats; People Diagnostix will issue an invoice that is due within 14 days of the Effective Date or on the Subscription Start Date, whichever is the earlier.
5.2 The Seat Price and all other amounts are exclusive of value added taxes such as VAT or GST unless otherwise indicated.
5.3 The Seat Price for a Seat is fixed, regardless of whether the Seat is purchased or allocated to an End User after the Subscription Start Date or not allocated to an End User at all.
5.4 The Subscriber shall provide a valid credit card; electronic funds transfer or other acceptable method of payment to People Diagnostix and shall take all necessary steps to authorise payment of all amounts payable pursuant to this clause 5.
5.5 A Subscriber’s account will be cancelled without notice, at the sole distraction of PDx if the Seat Payment is overdue.
5.6 Upon purchase of Additional Seats, Subscriber shall pay People Diagnostix the Seat Payment for all Additional Seats at the time of purchase.
5.6.1 Where the number of Additional Seats exceed the number of Initial Seats: where this occurs part way through a billing cycle, the Subscriber’s new Subscription Start Date is the date of upgrade, and the Subscriber will receive a pro-rated credit for any existing Seats purchased based on the number of days of overlap in the Subscription Term.
5.6.2 Where the number of Additional Seats is equal to or is less than the number of Initial Seats: where this occurs part way through a billing cycle, all Seats for the Subscriber will be aligned to the existing Subscription End Date at the time the Additional Seats are purchased.
5.7 Any additional payment terms between the Subscriber and People Diagnostix including in relation to the purchase of Additional Seats shall be agreed to in Writing, including but not limited to an invoice, billing agreement, or other Written document.
6. Renewal
6.1 The Services will automatically renew for terms equal in length to Subscriber’s immediately preceding term unless one party notifies the other party of its intention to decline renewal at least one(1) day before the end of the initial or the then-current renewal term.
7. Termination
7.1 Upon termination of this Agreement for any reason whatsoever, all rights, Licences, Seats, End User Accounts and subscriptions granted to the Subscriber shall immediately terminate. The Subscriber shall cease using the Services and shall prohibit End Users from using the Services.
8. Intellectual Property Rights
8.1 The Subscriber acknowledges and agrees that all right, title, and interest in and to the Services and the Software, together with its codes, sequences, derivative works, organisation, structure, interfaces, documentation, data, trade names, trademarks, or other related materials(People Diagnostix IP), is and at all times shall remain, the sole and exclusive property of People Diagnostix.People Diagnostix IP contains trade secrets and proprietary information owned by People Diagnostix and protected by Australian law and international agreements.Except for the right to use the Service, as expressly provided for herein, this Agreement does not grant to the Subscriber any rights to or in copyright, patents, trade secrets, trade names, service names or marks, trademarks (whether registered or not), databases, or any rights or licenses with respect to the Services or the Software.
8.2 The Subscriber shall not attempt, or directly or indirectly allow any End User, Administrator or third party to attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, reverse engineer, disassemble, reverse compile, download, transmit or distribute all or any portion of the Services and/or Software in any form or media or by any means.
8.3 The provisions of this clause 8 shall survive termination of this Agreement.
9. Accessibility
9.1 People Diagnostix shall use commercially reasonable efforts to make the Service available on a twenty-four hours per day, seven days per week(24x7) basis during the Term of this Agreement, except for:
9.1.1 Scheduled system back-up or other on-going maintenance as required and scheduled in advance by People Diagnostix; or
9.1.2 For any unseen cause beyond People Diagnostix’s reasonable control, including but not limited to internet service provider or communication network failures, or Force Majeure events as provided in clause 19.
10. Performance
10.1 People Diagnostix will monitor performance indicators on the systems and network infrastructure (its own and that of third-party service providers) in order to assess the overall performance of its Services and will take reasonable steps to address systems and network infrastructure as required to maintain satisfactory performance of the Services.
11. Maintenance and Support
11.1 People Diagnostix shall maintain the Software and the Services and provide patches and fixes where necessary at no extra cost.
11.2 The maintenance provision in clause 11.1 shall not include major software releases, new versions of the Software, additional functionality, or custom programming, which People Diagnostix, at its sole discretion, may provide at an additional cost and as otherwise agreed between the Subscriber and People Diagnostix.
12. Default and Breach
12.1 The Subscriber will be in default of this Agreement if it fails to make any payment when due.
12.2 In addition to clause 12.1 above, either Party will be in default of this Agreement if the Party is in material breach of this Agreement and fails to cure such breach within fourteen(14) days following receipt of Written notice thereof from the other Party.
12.3 If a Party is in default, then the non-breaching Party may terminate this Agreement or seek any other remedies available at law or in equity, except as otherwise provided in for this Agreement.
12.4 In the event one Party breaches or attempts to breach any of the provisions of this Agreement, the other Party shall have the right, in addition to such other remedies that may be available, to injunctive relief enjoining such breach or attempt to breach.
12.5 For the avoidance of doubt, a breach by an End User or Administrator shall constitute a breach by the Subscriber.
13. Refunds
13.1 Given the nature of digital content, we do not offer a refund or credit on a purchase unless required under Australian consumer law or other consumer protection laws.
14. Changes by Us to Your Services
14.1 PEOPLE DIAGNOSTIX MAY CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME AFTER GIVING SUBSCRIBERS THIRTY(30) DAYS’ WRITTEN NOTICE.AFTER RECEIVING NOTICE A SUBSCRIBER MAY CANCEL THEIR SUBSCRIPTION OR AGREE TO THE CHANGE.IF A SUBSCRIBER AGREES, THEY NEED TAKE NO ACTION.IF HOWEVER, A SUBSCRIBER DOES NOT AGREE, THE SUBSCRIBER MUST NOTIFY PEOPLE DIAGNOSTIX WITHIN THIRTY(30) DAYS OF THE DATE OF RECEIVING THE NOTICE OF CHANGE AND TERMINATE THIS AGREEMENT.IF A SUBSCRIBER FAILS TO TERMINATE THE SERVICES IN THESE CIRCUMSTANCES, THEY WILL BE DEEMED TO HAVE AGREED TO THE CHANGE WHICH WILL BECOME PART OF THE AGREEMENT BETWEEN THE SUBSCRIBER AND PEOPLE DIAGNOSTIX.
15. Confidentiality
15.1 In addition to and in no way limiting the requirements relating to People Diagnostix IP in clause 8 above, each Party shall use reasonable efforts (but in no case less than the efforts used to protect its own proprietary information) to protect all proprietary, confidential and/or non-public information pertaining to or in any way connected to the Software, the Service, the other Party’s financial, professional, other business affairs, and this Agreement (Confidential Information).
15.2 Neither Party shall disclose or publicise the Confidential Information without the prior Written Consent of the other Party.
15.3 Each Party shall use reasonable efforts (but in no case less than the efforts used to protect its own proprietary information) not to disclose and not to use the Confidential Information for its own benefit or for the benefit of any other person or third party in any manner inconsistent with this Agreement.
15.4 The terms of confidentiality and non-disclosure in this Agreement shall terminate five(5) years from the date of termination of this Agreement.
15.5 The restrictions on disclosure shall not apply to information which was (i) generally available to the public at the time of disclosure, or later available to the public other than through the fault of the receiving Party, (ii) already known to the receiving Party prior to disclosure pursuant to this Agreement, (iii) obtained at any time lawfully from a third party under circumstances permitting its use or disclosure to others, or (iv) required by law or court order to be disclosed.
16. Privacy, Personal Information and Data Privacy
16.1 YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE INFORMATION PROVIDED TO PEOPLE DIAGNOSTIX BY THE YOU THE SUBSCRIBER (INCLUDING END USERS AND ADMINISTRATORS), THROUGH THE SOFTWARE AND SERVICES AND/OR THIRD PARTIES, IS NECESSARY FOR THE PROVISION OF THE SERVICES.
16.2 YOU THE SUBSCRIBER (INCLUDING END USERS) ACKNOWLEDGE AND AGREE FURTHER THAT:
16.3.1 YOU HAVE READ AND UNDERSTOOD THE PEOPLE DIAGNOSTIX PRIVACY POLICY; AND
16.3.2 THE SUM OF ALL THE ALL INFORMATION DERIVED FROM THE SOFTWARE AND SERVICES AND/OR THIRD PARTIES AND PERSONAL DATA, AS WELL AS THE AGGREGATED INFORMATION WHICH RESULTS FROM PROCESSING, ANAYLSING AND IMPROVING THE SERVICES IS INTENDED TO IMPROVE PSYCHOSOCIAL RISK MANAGEMENT AND EMPLOYEE MENTAL HEALTH.
16.4 YOU, THE SUBSCRIBER (INCLUDING ADMINISTRATORS AND END USERS), ACKNOWLEDGE AND AGREE THAT ALL INFORMATION AND DATA RECEIVED AND CREATED BY PEOPLE DIAGNOSTIX UNDER THIS AGREEMENT, AND AS A RESULT OF PEOPLE DIAGNOSTIX BUSINESS PROCESSING AND ANALYSIS BECOMES ABSOLUTELY THE PROPERTY OF PEOPLE DIAGNOSTIX, AND THAT SUBJECT TO APPLICABLE LAW AND THE PEOPLE DIAGNOSTIX PRIVACY POLICY, PEOPLE DIAGNOSTIX MAY HOLD AND USE THE DATA FOR THE PURPOSES OF THIS AGREEMENT, INCLUDING THE IMPROVEMENT OF THE SOFTWARE AND SERVICES.
17. Limited Warranty
17.1 People Diagnostix warrants that:
17.1.1 it has the power, authority, right, interest and title in the Services and Software and other relevant materials in order to grant the Services and Software and other rights to the Subscriber under this Agreement;
17.1.2 the Services and Software will conform to functional and performance specifications;
17.1.3 the Services and Software will be free from any viruses, trojan horses, worms, spyware or other malicious code (collectively, “Malicious Code”) except for any Malicious Code contained in End User or Administrator uploaded information or otherwise originating from the Subscriber;
17.1.4 it is able to provide the Services and the Services will be performed in a professional manner with due care, skill and diligence; and
17.1.5 it will comply at all times with the Australian Privacy Act 1988 (Cth) (as amended) (“Privacy Act”) to extent it deals with personal information or sensitive information (as defined in the Privacy Act) in the provision of the Services or otherwise in connection with this Agreement.
17.2 The benefits of the Services to Subscriber depend on its use of the Services (including its End Users’ use of the Services).
18. Limitation of Remedy and Liability
18.1 The Subscriber represents that it accepts sole and complete responsibility for:
18.1.1 Its use of the Services (including the use by its End Users);
18.1.2 Results obtained from the Services; and
18.2 TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW, IN NO EVENT SHALL PEOPLE DIAGNOSTIX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITAVE, EXEMPLRY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PEOPLE DIAGNOSTIX HAS BEEN ADVISED OF SUCH DAMAGES.
18.3 In any event, under no circumstances shall People Diagnostix be liable for any loss, costs, expenses, or damages to the Subscriber in an amount exceeding the Seat Payment actually paid to People Diagnostix by the Subscriber for the previous twelve(12) months.
19. Force Majeure
19.1 NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY FAILURE TO PERFORM OR FOR A DELAY IN PERFORMING AN OBLIGATION UNDER THIS AGREEMENT IN THE EVENT AND TO THE EXTENT THAT SUCH FAILURE OR DELAY IS CAUSED BY FORCE MAJEURE.
19.2 For the purposes of this Agreement, force majeure will mean any circumstance which:
19.2.1 is beyond the reasonable control of the party giving notice of force majeure (affected party) and for which it is not responsible; and
19.2.2 is not a circumstance which the affected party could by the exercise of the standard of care and skill which could reasonably be expected that party, have avoided.
19.3 Subject to the above force majeure includes but is not limited to flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions, computer virus, and malware resulting in Denial of Service Attacks (DoS and DDoS), ransomware or acts of God.
19.4 The affected party will give notice thereof to the other immediately upon the occurrence of any event of force majeure.
20. Notices and Demands
20.1 Any notice required or permitted to be given pursuant to this Agreement will be valid and effective only if in Writing and sent to the other party’s Address For Service.
20.2 Any notice to a party:
20.2.1 Sent by pre-paid registered post (by airmail if appropriate) will be deemed to have been received on the second business day after posting (unless the contrary is proved).
20.3 Notwithstanding anything to the contrary herein contained, a written notice of communication actually received by party will be an adequate written notice for communication to it notwithstanding that it was not sent or delivered in accordance with this Agreement.
21. Governing Law
21.1 People Diagnostix, the Subscriber (including its End Users) will observe and comply with all applicable laws.
21.2 This Agreement shall be governed by and interpreted in accordance with the laws of Western Australia.
22. Severability
22.1 If any term is void, unenforceable, or illegal, the term may be severed from the Agreement and will not affect the validity of the rest of this Agreement, providing it does not change its purpose.
23. Non-waiver
23.1 Any waiver which People Diagnostix may allow the Subscriber will not affect or substitute any of People Diagnostix’s rights against the Subscriber.
24. Assignment
24.1 No Party may delegate its duties under this Agreement or assign its rights under this Agreement, in whole or in part without the other party’s prior written consent.
25. No Partnership or Agency
25.1 Nothing in this Agreement will be construed as creating a partnership or agency relationship between the Parties and no Party will have any authority to incur any liability on behalf of the other or to pledge the credit of the other party.
26. Entire Agreement
26.1 This Agreement is the entire agreement between the Parties on the subject.
27. Interpretation
27.1 A word defined in this Agreement starts with a capital letter unless the context indicates otherwise.All headings are inserted for reference purposes only and must not affect the interpretation of this Agreement.Whenever “including” or “include”, or “excluding” or “exclude”, together with specific examples or items follow a term, they will not limit its ambit. Terms other than those defined within the Agreement will be given their plain English meaning.References to any enactment will be deemed to include references to the enactment as re-enacted, amended, or extended. A reference to a person includes an individual, body corporate and association and a reference to a party includes the party’s agents, successors and permitted assigns. Unless otherwise stated in the Agreement, when any number of days is prescribed in the Agreement the first day will be excluded and the last day included.The rule of construction that an agreement must be interpreted against the party responsible for its drafting or preparation does not apply.
| Name | People Diagnostix Pty Ltd |
| Physical address and the address for receipt of legal service of documents | Unit 14, 16 Brodie-Hall Drive, Technology Park, Bentley, Western Australia, 6102 |
| Postal address | PO Box 63, Rockingham, Western Australia, 6968 |
| Phone numbers | +61 (0) 1300 739 426 |
| Website address | www.peoplediagnostix.com.au |
| Email address | reception@peoplediagnostix.com.au |
| ABN | 60 646 347 220 |