WHITESKY LABS PRIVACY POLICY

1   RELATIONSHIP TO AGREEMENTS

To the extent that it is incorporated by reference into any agreement between you and WhiteSky Labs, the terms of this policy form part of that agreement (WhiteSky Labs Agreement), eg a WhiteSky Labs subscriber agreement.

2   DEFINED TERMS

1. Unless expressly to the contrary in this policy, terms defined in the WhiteSky Labs Agreement have the same meaning in this policy.
2. This clause 2 defines certain terms used in this policy and further terms are defined elsewhere in this policy.
3. ‘collect’ includes to hold or store following collection.
4. ‘Customer’ means a person or entity to whom you supply goods or services.
5. ‘disclose’ may include to transfer.
6. ‘Health Information’ is Personal Information about a Customer that is collected in relation to a health service (if any) that you supply to the Customer, including information about the Customer’s health and the health services supplied or to be supplied to the Customer.
7. ‘Personal Information’ is information that we collect about you, Customers or other persons related to Customers, being information from which your or their identity is apparent, or can reasonably be ascertained.
8. ‘use’ may include to disclose or transfer.
9. ‘we’ means WhiteSky Labs Pty Ltd.
10. ‘you’ means the individual who has entered into the relevant WhiteSky Labs Agreement or, if the person who has entered into the WhiteSky Labs Agreement is an entity (eg a company) and not an individual, then in this policy ‘you’ means any individual connected with the entity who supplies Personal Information to us in the course of the entity’s performance of the WhiteSky Labs Agreement.

3   COLLECTION OF PERSONAL INFORMATION

3.1   Collection

1. We collect Personal Information:

• when you provide it to us in the course of performing the WhiteSky Labs Agreement, such as when completing information fields when becoming a subscriber (including trial subscriptions) under a WhiteSky Labs subscriber agreement; and
• in relation to your IP address or cookies, in the course of using a subscription service under a WhiteSky Labs subscriber agreement.

2. In relation to each Customer in respect of whom you collect, and we thereby indirectly collect, Health Information, you must obtain, and you continuously warrant that you have obtained, that Customer’s consent to the collection of the Health Information.

3.2   Reasons for collection

1. We collect only such Personal Information as we need to collect in order to supply our services.
2. Specifically, we collect Personal Information in order to:

• identify you as a party to the WhiteSky Labs Agreement;
• enter into contractual relations with you, such as under a subscriber agreement;
• supply our services to you;
• enable you to use any deliverables;
• assist us to improve our services; and
• comply with our obligations under law, such as anti-money laundering law.

3. If you do not enable us to collect this Personal Information, then in some cases you will not be able to enter into the WhiteSky Labs Agreement and we will not be able to supply services to you.

3.3   Collecting entity

The entity collecting Personal Information is WhiteSky Labs Pty Ltd (ACN 141 042 382) of Suite 309, 19a Boundary Street, Rushcutters Bay NSW Australia 2011.

4   USE OF PERSONAL INFORMATION

1. We use Personal Information to supply our services to you and to send you communications about these matters, such as administrative notices. Our services themselves may involve your use of Personal Information to send communications to Customers.
2. By entering into the WhiteSky Labs Agreement (including on a trial subscription under a subscriber agreement), you also consented to our using Personal Information to market our services to you, such as displaying targeted banners, adding you to our mailing list and notifying you of promotional offers. You may withdraw this consent at any time at no cost and without affecting your rights under the WhiteSky Labs Agreement. All our direct marketing communications will include an unsubscribe or other opt-out mechanism.
3. We may also use Personal Information for compiling general information from which an individual’s identity would not be apparent or reasonably ascertainable (‘General Information’). General Information may include aggregated statistical information about your and Customer attributes, interests and activities. We may use General Information to, among other things, better understand our clients’ needs and improve our services.
4. We may use Personal Information for the following reasons (‘Legal Reasons’):

• it is necessary to lessen or prevent a serious and imminent threat to an individual's life, health or safety, or a serious threat to public health or safety;
• it is necessary to our investigating you or a Customer or reporting you or a Customer to relevant third parties (including authorities) if we have reason to suspect you or the Customer may be engaged in unlawful activity;
• it is reasonably necessary in the prevention, detection, investigation or prosecution of certain unlawful activity, including criminal activity;
• it relates to the preparation or conduct of proceedings before a court or the implementation of a court order; or
• it is required or authorised by or under law.

5   DISCLOSURE & TRANSFER OVERSEAS

5.1   Disclosure by us

1. Generally speaking, we will disclose Personal Information only to sub-contractors supplying us with hosting facilities and financial institutions supplying us with payment facilities.
2. We will not disclose your Personal Information to any third party for direct marketing purposes except a related party of WhiteSky Labs.
3. We may disclose Personal Information for Legal Reasons.
4. We may disclose General Information to any person for any commercial purpose.

5.2   Disclosure by you

You may have the practical capacity to disclose Personal Information to Customers or the general public when using our services. You take full legal and practical responsibility for any such disclosure of Personal Information.

5.3   Transfer overseas

We may transfer your Personal Information to a person or organisation in a foreign country, but only if one of the following applies:

• we reasonably believe that the recipient of the information is subject to legal obligations in relation to the handling of personal information that are substantially similar to the National Privacy Principles under the AustralianPrivacy Act 1988 (‘NPPs’);
• we have taken reasonable steps to ensure that the information transferred will not be held, used or disclosed by the recipient inconsistently with the NPPs;
• you or the relevant Customer have consented to the transfer;
• the transfer is for your or the relevant Customer’s benefit, it is impracticable to obtain your or their consent and, if it were practicable to obtain your or their consent, you or they would be likely to give it;
• the transfer is necessary for the performance of a contract between you and us, or a contract between us and a third party that is in your or the relevant Customer’s interest; or
• there are Legal Reasons or similar reasons.

6   ACCESS

1. You will be able to access Personal Information by contacting us or, for subscribers under a subscriber agreement, by logging into your subscriber account.
2. Notwithstanding paragraph (a), we may not grant you access to Personal Information:

• if doing so would have an unreasonable impact on the privacy of other individuals;
• if the request for access is frivolous or vexatious; or
• for Legal Reasons or similar reasons.

3. If we deny you access to Personal Information, we will provide reasons for our decision.

7   INTEGRITY & SECURITY

7.1   Integrity

1. We will take reasonable steps to ensure that Personal Information is accurate, complete and up-to-date.
2. If you demonstrate to us that Personal Information held by us is not accurate, complete and up-to-date, we will take reasonable steps to correct the information. If you claim that such information is not accurate, complete and up-to-date and we disagree, we will create and hold a note of your claim together with the Personal Information.

7.2   Security

We will take reasonable steps to protect Personal Information from misuse, loss, unauthorised access, modification or disclosure.

8   DISPOSAL

1. We will take reasonable steps to destroy, disable access to or permanently de-identify Personal Information if we no longer need it for any purpose for which we use or disclose the information under clauses 4 and 5.
2. However, characteristics of information storage technology mean that it is not reasonably possible to delete every last remnant of information we have collected.

9   YOUR OBLIGATIONS

In the course of your dealings with all Customers about whom we hold Personal Information, you must notify the Customer in writing about (whether actively or by providing reasonable access to information), and in practice co-operate with, the following matters:

1. In the course of your use of our services, WhiteSky Labs Pty Ltd (ACN 141 042 382) of Suite 309, 19a Boundary Street, Rushcutters Bay NSW Australia 2011 will indirectly collect Personal Information about the Customer.
2. The Customer is entitled to seek access to the Personal Information about them that is held by us. The Customer may contact us directly or contact you in order that you forward the Customer’s request to us.
3. Our indirect collection of the Customer’s Personal Information is for the purpose of enabling you to use our service in order to supply your services to the Customer.
4. If the Customer does not enable us to indirectly collect Personal Information about them from you, then you will not be able to supply your services to the Customer.
5. Generally speaking, we will disclose a Customer’s Personal Information only to sub-contractors supplying us with hosting facilities, financial institutions supplying us with payment facilities and related parties of WhiteSky Labs.

10   THIS POLICY

10.1   Principles of interpretation of this policy

The principles of interpretation of the WhiteSky Labs Agreement apply to this policy insofar as they are relevant.

10.2   Variation

1. We may vary this policy at any time by amending the version of this document accessible by you on a webpage on our WhiteSky Labs website or another website through which we supply our services.
2. We will take reasonable steps to notify you of material variations made pursuant to paragraph (a).

11   CONTACT US

If you wish to contact us about privacy, please email info@whiteskylabs.com