These website terms of use (Terms) apply to your use of, and access to, this website (the Site).

In these Terms we, us or our means Firmus Technologies Pty Ltd (ABN 28 655 498 105) and its related bodies corporate (as that term is defined in Section 50 of the Corporations Act 2001), the operators of the Site.

Information and availability
While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.

Intellectual Property rights
Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).

We authorise you to access and use the Site solely for your own personal, non-commercial use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.
You must not use the Site, or any of the Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity and you must not use the Site, including the Content, in any way that competes with our business.
Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:

1. copy or use, in whole or in part, any of Our Intellectual Property;
2. reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or
3. breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.

Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:

4. you do not assert that you are the owner of the Content or Our Intellectual Property;
5. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
6. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
7. you comply with all other terms of these Terms.

Conduct we don’t accept
You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:

1. anything that would constitute a breach of an individual’s privacy or any other legal rights;
2. using the Site to defame, harass, threaten, menace or offend any person;
3. using the Site for unlawful purposes;
4. interfering with any user of the Site;
5. tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
6. using the Site to send unsolicited electronic messages;
7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
8. facilitating or assisting a third party to do any of the above acts.

Third party sites
The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

Our liability is limited
You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content.

Privacy
We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Site) sets out how we will collect and handle your personal information.

What happens if we discontinue the Site
We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.

Which laws govern these Terms
These Terms are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

Changes to these Terms
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.

For any questions and notices, please contact us at:
Firmus Technologies Pty Ltd
Email: support@firmus.co
Last update: June 2023

We understand that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us when providing our website Services to you. In this Privacy Policy we, us or our means Firmus Technologies Pty Ltd (ABN 28 655 498 105) and its related bodies corporate (as that term is defined in Section 50 of the Corporations Act 2001).

Types of information
Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
Sensitive information: is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

The information we collect
Personal information: The types of personal information we may collect about you include:

• your name, age, date of birth and/or image;
• your contact details, including email address, mailing address, street address and/or telephone number;
• your credit card or payment details (through our third party payment processor);
• information you provide to us through customer surveys and other forms of feedback;
• details of products and services we have provided to you and/or that you have enquired about, and our response to you;
• your browser session and geo-location data, device and network information;
• information about your access and use of our Services, including through the use of Internet cookies, your communications with our online Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider; and
• additional personal information that you provide to us, directly or indirectly, through your use of our Services, associated applications and platforms and/or accounts from which you permit us to collect information and/or provided by you or a third party.

We do not actively request sensitive information about you. If at any time we need to collect sensitive information about you, unless otherwise permitted by law, we will first obtain your consent and we will only use it as required or authorised by law.
How we collect personal information

We collect personal information in a variety of ways, including:

• Directly: We collect personal information which you directly provide to us.
• Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website, in emails, over the telephone and in your online enquiries.

Collection and use of personal information
Personal information: We may collect, hold, use and disclose personal information for the following purposes:

• to enable you to access and use our Services and any associated applications and platforms, including to provide you with a login;
• to contact and communicate with you about our Services and any associated applications and platforms;
• for internal record keeping, administrative, invoicing and billing purposes and to comply with our legal obligations and resolve any disputes that we may have;
• for analytics, market research and business development, including to operate and improve our Services, associated applications and platforms;
• for advertising and marketing, including to send you promotional information about our products and services and information that we consider may be of interest to you;
• if you have applied for employment with us; to consider your employment application; and
• if otherwise required or authorised by law.

Disclosure of personal information to third parties
We may disclose personal information to:

• third party service providers for the purpose of enabling them to provide their services, to us, including (without limitation) IT service providers, data storage, web-hosting and server providers, maintenance or problem-solving providers, marketing, advertising or other service providers, professional advisors and payment systems operators;
• our employees, contractors, related entities, agents or business partners;
• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
• courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; and
• any other third parties as required or permitted by law, such as where we receive a subpoena.

Overseas disclosure: Where we disclose your personal information to third parties listed above, these third parties may store, transfer or access personal information outside of Australia.

Your rights and controlling your personal information
Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. You also have the right to contact the relevant privacy authority.

Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

Cookies
We may use cookies on our online Services from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information but will recognise you when you return to our online Services and allow third parties to cause our advertisements to appear on your social media and online media feeds as part of our marketing activities. If and when you choose to provide our online Services with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our online Services.
Links to other websites

Our Services may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact our Privacy Officer at:
Firmus Technologies Pty Ltd ABN 28 655 498 105
Email: support@firmus.co
Last update: June 2023