Cookies Policy

COOKIES POLICY

1. INTRODUCTION

1. This document sets out the Cookies Policy of ENCUBED SOLUTIONS PTY LTD ABN 52 669 530 205 (referred to in this cookies policy as ‘we’, ‘us’, or ‘our’).
2. This Cookies Policy applies when you use our website accessible at https://encubedsolutions.com.au (“Website”) and describes the types of cookies we use on our Website, how we use them, and how you can control them.
3. We may update this Cookies Policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current Cookies Policy.

2. TYPES OF COOKIES WE USE

A cookie is a small file that’s stored on your computer or device when you visit a website that uses cookies. We may use several different cookies on our Website, for the purposes of website functionality, performance, advertising, and social media or content cookies. Cookies enhance your experience on our Website, as it allows us to recognise you, remember your details and preferences (for example, your log-in details), and provide us with information on when you’ve visited and how you’ve interacted with our Website. The below table sets out the type of cookies we may collect on our Website.

3. HOW LONG WILL COOKIES REMAIN ON MY DEVICE?

The amount of time that a cookie remains on your computer or device depends on the type of cookie – cookies are either “persistent” or “session” cookies. Persistent cookies last until they expire or are deleted, so they may remain on your device for as little as 10 minutes to several years. Session cookies last until you stop browsing, so just for the relevant session.

4. HOW DO THIRD PARTIES USE COOKIES ON THE WEBSITE?

We may use third party analytics cookies to collect information about your interaction with our Website. We also may use Google Analytics and other third-party analytics providers to help process data. To find out more, see How Google uses data when you use our partners’ sites or apps.

5. HOW DO I CONTROL COOKIES?

1. Usually, you can control and manage cookies through your browser. You can control whether or not your browser accepts cookies, how to filter and manage cookies, and how to delete cookies at the end of a session.
2. If you remove or block cookies, this may negatively impact your experience of our Website and you may not be able to access all parts of our Website.
3. Many third party advertising services allow you to opt out of their tracking systems, by giving you the opportunity to opt out by way of a pop-up before downloading cookies to your device.

6. CONTACT US

For further information about our Cookies Policy or practices, please contact us using the details set out below:

Name: Liam Elliott Email: [email protected]

Our Cookies Policy was last updated on 31 May 2024.

Privacy Policy

PRIVACY POLICY

1. INTRODUCTION

This document sets out the privacy policy of ENCUBED SOLUTIONS PTY LTD ABN 52 669 530 205 (referred to in this privacy policy as ‘we’, ‘us’, or ‘our’). The Privacy Act 1988 (Cth) (Privacy Act) requires entities bound by the Australian Privacy Principles to have a privacy policy. We take our privacy obligations seriously and we’ve created this privacy policy to explain how we store, maintain, use and disclose personal information. By providing personal information (including sensitive information) to us, you consent to our storage, maintenance, use and disclosing of personal information in accordance with this privacy policy. We may change this privacy policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy.

2. TYPES OF PERSONAL INFORMATION WE COLLECT

The personal information we collect may include the following:

1. name;
2. mailing or street address;
3. email address;
4. social media information;
5. telephone number and other contact details;
6. age;
7. date of birth;
8. credit card or other payment information;
9. sensitive information as set out below;
10. information about your business or personal circumstances;
11. information in connection with client surveys, questionnaires and promotions;
12. your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
13. information about third parties; and
14. any other information provided by you to us via our website or our online presence, or otherwise required by us or provided by you.

3. HOW PERSONAL INFORMATION IS COLLECTED

We will collect your personal information in a lawful and fair way. We will only collect your personal information where you have consented to it, or otherwise in accordance with the law.

How we collect information from you

We may collect personal information where you:

1. contact us through our website;
2. receive goods or services from us;
3. submit any of our online inquiry forms;
4. communicate with us via email, telephone, SMS, social applications (such as LinkedIn or Facebook) or otherwise;
5. interact with our website, social applications, services, content and advertising; and
6. invest in our business or enquire as to a potential purchase in our business.

How we collect information from third parties

Where possible, we collect your personal information directly from you. However, there may be occasions when we collect personal information (including sensitive information) about you from someone else.

How you provide information for someone else

If you are providing personal and/or sensitive information on behalf of someone else, you must have the consent of that person to provide their personal and/or sensitive information to us to be collected, used, and disclosed in accordance with this privacy policy. If you are providing personal and/or sensitive information on behalf of someone under the age of 18 (Minor), you must be that Minor’s parent or legal guardian and you must provide consent for the Minor’s personal and/or sensitive information to be collected, used and disclosed in accordance with this privacy policy.

How we collect information from cookies

We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser. We may use Google Analytics to collect and process data, including when you use third party websites or apps. To find out more see How Google uses data when you use our partners’ sites or apps.

4. USE OF YOUR PERSONAL INFORMATION

We collect and use personal information for the following primary purposes:

1. to provide goods, services or information to you;
2. for record keeping and administrative purposes;
3. to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing goods or services to you;
4. to improve and optimise our service offering and customer experience;
5. to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
6. to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
7. to consider an application of employment from you.

We may also use your personal information for:

1. secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use;
2. such purposes where we reasonably believe that use of your personal information is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain your consent;
3. any other purpose for which we receive consent from you; or
4. any other purpose which is permitted or required under applicable privacy laws.

5. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We respect your privacy, and we will take reasonable steps to keep your personal information confidential and protected. We may disclose your personal information to:

1. our professional advisors such as lawyers, accountants and auditors;
2. our related entities; or
3. any third parties you have consented personal information to be disclosed to.

We may also disclose personal information to third party contractors as required for us to provide our goods and services to you, such as cloud-service providers, IT professionals, marketing agencies and debt collection agencies.

We take care to work with such third parties who we believe maintain an acceptable standard of data security and require them not to use your personal information for any purpose except for those activities we have asked them to perform on our behalf.

We will not otherwise disclose your personal information unless:

1. you have consented to us disclosing your personal information for particular circumstances;
2. as needed in an emergency or in investigation suspected criminal activity;
3. we are required to disclose under a subpoena, court order or other mandatory reporting requirements;
4. we reasonably believe that disclosure of your information is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain your consent;
5. it is reasonably necessary for the establishment, exercise or defence of a legal claim; or
6. it is otherwise authorised or required by law.

6. STORAGE OF YOUR PERSONAL INFORMATION

All personal information we collect is stored on servers located in Australia and, for the most part, we do not disclose or transfer personal information overseas. However, the cloud service providers we engage to provide us Australian-based servers may operate overseas disaster recovery sites or have personnel overseas who may access the personal information we hold to assist us in managing our servers. We also may use Google Analytics to track web traffic information which is operated by Google which stores information across multiple countries. When you communicate with us through a social media service such as Facebook or Twitter, the social media provider and its partners may collect and hold your personal information overseas.

7. SENSITIVE INFORMATION

Collection of sensitive information

We may collect sensitive information about you during the course of providing you our goods and services. We will only collect this sensitive information where you consent to such collection and directly provide us with this information.

Types of sensitive information we collect

The sensitive information we collect includes any sensitive information provided by you or a third party to us via our website or platforms, or otherwise provided by you or a third party to us.

How we use your sensitive information

Your sensitive information will only be used for the purpose of:

1. providing you with our goods and services;
2. complying with our legal obligations, resolving disputes or enforcing our agreements with you;
3. sending you messages, reminders, notices, updates, security alerts, and other information requested by you; or
4. any other purpose which is permitted or required under applicable privacy laws.

How we disclose your sensitive information

Your sensitive information will only be disclosed to third parties where permitted or required under applicable privacy laws.

How you can withdraw consent

If you wish to withdraw your consent to our collection, use or disclosure of your sensitive information, please contact us using the contact details set out below. We will deal with all such requests within a reasonable timeframe.

8. MARKETING

We may at times send you marketing communications which will be done in accordance with the Spam Act 2003 (Cth) (Spam Act). If we do, we may use email, SMS, social media, phone or mail to send you direct marketing communications. Where consent is needed, we will ask you for your consent before sending you marketing communications, except where you:

1. have explicitly opted-in to receiving email marketing from us in the past; or
2. were given the option to opt-out of email marketing when you initially signed up for one of our platforms and you did not do so. You can, at any time, opt out of receiving marketing materials from us by using the opt-out facility provided (e.g., an unsubscribe link on emails we send you) or by contacting us via the details provided at the end of this privacy policy. We will implement such a request as soon as possible, however, cannot guarantee that such a response will be immediate.

9. SECURITY

We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.

10. LINKS

Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.

11. REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION

If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe. If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.

12. COMPLAINTS

If you wish to complain about how we handle your personal information held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable timeframe.

13. CONTACT US

For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

Name: Liam Elliott Email: [email protected]

Our Privacy Policy was last updated on 31 May 2024.

Website Terms and Conditions

ENCUBED SOLUTIONS

WEBSITE TERMS AND CONDITIONS

1. INTRODUCTION

1. These terms and conditions (Terms) apply when you use this website, https://encubedsolutions.com.au (Website).
2. You agree to be bound by these Terms which form a binding contractual agreement between you and us, ENCUBED SOLUTIONS PTY LTD ABN 52 669 530 205 (our, we or us).
3. If you don’t agree to these Terms, you must refrain from using the Website.
4. We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

2. ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

3 YOUR OBLIGATIONS

You must not:

1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
2. use the Website for any purpose other than the purposes of browsing, selecting or purchasing goods;
3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
5. use the Website with the assistance of any automated scripting tool or software;
6. act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
   1. gaining unauthorised access to Website accounts or data;
   2. scanning, probing or testing the Website for security vulnerabilities;
   3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
   4. instigate or participate in a denial-of-service attack against the Website.

4. INFORMATION ON THE WEBSITE

While we will use our best endeavours to ensure the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

1. the Website may have errors or defects;
2. the Website may not be accessible at times;
3. messages sent through the Website may not be delivered promptly, or delivered at all;
4. information you receive or supply through the Website may not be secure or confidential; or
5. any information provided through the Website may not be accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

5. INTELLECTUAL PROPERTY

1. We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.

6. LINKS TO OTHER WEBSITES

1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

7. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

8. REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

9. PRIVACY

You agree to be bound by our Privacy Policy, which can be found https://encubedsolutions.com.au/legal/privacy-policy

10. LIABILITY

We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we each exclude each other from any liability that may arise due to your use of our Website and/or the information or materials contained on it.

11. GENERAL

11.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

11.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

11.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

11.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

11.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

11.6 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

11.7 INTERPRETATION

1. (singular and plural) words in the singular includes the plural (and vice versa);
2. (gender) words indicating a gender includes the corresponding words of any other gender;
3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
9. (includes) the word “includes” and similar words in any form is not a word of limitation;
10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
11. (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.