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Privacy Policy

Who we are

At Hyperspike we recognise the importance of privacy protection. Our policy for dealing with any personal information that you might disclose to us is explained below.

As part of the normal operation of our services, we collect, use and, in some cases, disclose information about you to third parties. This PRIVACY POLICY governs the information we collect about you and your use of information we provide to you.

By accepting this PRIVACY POLICY and the TERMS OF USE, you expressly consent to our use and disclosure of your personal information in the manner prescribed in this PRIVACY POLICY. This PRIVACY POLICY is incorporated into and subject to the terms of the Hyperspike Pty Ltd’s (hyperspike.com) Master Agreement.

The privacy practices of this notice apply to the Hosting and IT services provided by Hyperspike Pty Ltd. In Australia, it is the requirement of the Privacy Act 1988 (Cth), (as amended by the private sector provisions which came into effect on 21 December 2001).

Questions regarding this statement should be directed to the Hyperspike Pty Ltd (www.hyperspike.com) by either sending an email to the Privacy Officer on:
[email protected] or call: 1300 497 377 (within Australia).

Also, you may wish to refer to the Office of the Federal Privacy Commissioner, which may be contacted at the following site: http://www.privacy.gov.au for more information on the Privacy Act.

What personal data we collect and why we collect it

Our primary purpose in collecting personal information is to facilitate the delivery of our Products and Services. We only collect personal information about you that we consider necessary for this purpose and to achieve this goal.

To fully use our services, you may need to register, where you will be required to provide us with your contact information and other personal information.

If you choose to post messages or use the client portal, we will collect and store such information that you disclose to us and which is necessary for us to achieve our primary goal described above.

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the site, we may collect such information into a file specific to you.

Please contact our Privacy Officer to ask for access to your information or if you have a complaint concerning your information privacy or if you would like more information about our approach to privacy. Privacy Officer – email: [email protected] or call: 1300 497 377 (within Australia).

How we use your data

We may collect personal information such as your name, age, gender and location. When you are online, we collect information regarding the pages within our network, which you visit, and what you click on. As a general rule we do not collect sensitive information. However, if we do, it will usually be for the purposes of providing our goods or services and if the law requires us to, we will seek your consent to collect it.

We use your information to provide our services to you, to fulfil administrative functions associated with these services, for example to create staff login accounts, enter into contracts with you (eg for licensing) or third parties and for marketing and client relationship purposes.

We may share your information with other companies, which are related to the Hyperspike Pty Ltd (hyperspike.com) within Australia. We or they may also use your personally identifiable information to assist us in improving our products and services and any of us might be in touch to let you know about goods, services, or promotions, which may interest you.

Disclosure of your information

Although the Hyperspike Pty Ltd (hyperspike.com) uses industry standard practices to protect your personal information, due to technical limitations, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this PRIVACY POLICY. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your privacy, we cannot and do not guarantee, and you should not expect, that your personal information or private communications will always remain private.

As a matter of policy, we do not sell or rent any personal information about you to any third party. However, the following describes some of the ways that your personal information may be disclosed, and by agreeing to the MASTER AGREEMENT and PRIVACY POLICY you expressly agree that your personal information may be disclosed by the Hyperspike Pty Ltd (hyperspike.com) in the following ways:

Confidential Information

All information disclosed by either party (“Disclosing Party”) to the other party (“Receiving Party”), if disclosed in writing, labelled as proprietary or confidential, or if disclosed orally, reduced to writing within thirty (30) days and labelled as proprietary or confidential (“Confidential Information”) shall remain the sole property of Disclosing Party.

Except for the specific rights granted by this Agreement, Receiving Party shall not use any Confidential Information of Disclosing Party for its own account.  Receiving Party shall use the highest commercially reasonable degree of care to protect Disclosing Party’s Confidential Information.

Receiving Party shall not disclose Confidential Information to any third party without the express written consent of Disclosing Party (except solely for Receiving Party’s internal business needs, and to employees or consultants who are bound by a written agreement with Receiving Party to maintain the confidentiality of such Confidential Information in a manner consistent with this Agreement).

Confidential Information shall exclude information (i) available to the public other than by a breach of this Agreement; (ii) rightfully received from a third party not in breach of an obligation of confidentiality; (iii) independently developed by Receiving Party without access to Confidential Information; (iv) known to Receiving Party at the time of disclosure; or (v) produced in compliance with applicable law or a court order, provided Disclosing Party is given reasonable notice of such law or order and an opportunity to attempt to preclude or limit such production.

Subject to the above, Receiving Party agrees to cease using any and all materials embodying Confidential Information, and to promptly return to Disclosing Party and/or destroy such materials upon request.

Use of Aggregate Data

We may collect certain non-personal information to optimise our goods and services including our web pages for your computer (e.g., the identity of your Internet browser, the type of operating system you use, your IP address and the domain name of your Internet service provider). We may use such non-personal information for internal purposes, including but not limited to improving the performance of your computers.

Hyperspike Pty Ltd (hyperspike.com) may use personally identifiable information in aggregate form to improve our goods and services including our web sites and make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by the Hyperspike Pty Ltd (hyperspike.com) or provided to others as a summary report for marketing, advertising or research purposes.

Legal Requests

Hyperspike Pty Ltd (hyperspike.com) may lawfully disclose your personal information for law enforcement or regulatory purposes. Hyperspike Pty Ltd’s (hyperspike.com) cooperates with law enforcement inquires and other third parties to enforce laws, intellectual property and other rights. We can (and you authorise us to) disclose any information about you to law enforcement or other governmental officials as we, in our sole discretion, believe necessary, appropriate or as otherwise permitted under the Privacy Act 1988 (Cth), in connection with an investigation of activity that is illegal or may expose us to legal liability.

Use of Email Tools

You may not use any email service or other email forwarding services that we offer to send spam or otherwise send content that would violate our TERMS OF USE or PRIVACY POLICY.

If you send an email using an email service to an email address that is not registered in our service, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses. We do not permanently store the email messages or the email addresses.

Control of Your Password

You are responsible for all actions taken with your Client Portal ID (username) and password. Therefore we do not recommend that you disclose your Hyperspike Pty Ltd’s (hyperspike.com) password to any third parties. If you choose to share your Client Portal ID (username) and password or your information with third parties, you agree that you are responsible for all actions taken with your Client Portal ID and password. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately contact us directly and/or change your password.

Accessing, Reviewing and Changing Your Personal/Company Information

Following the issue of your Client Portal ID, you can review and change the information you submitted including:

  • User details
  • Password
  • Client information & data

You must promptly update your personal information if it changes.

You can cancel your Client Portal ID and contact information from hyperspike.com at any time. To do this, simply click contact us directly.

We will retain in our files your Client Portal ID information in some circumstances, such as to assist with any investigations, and enforce our TERMS OF USE, and to comply with legal requirements. Further, such prior information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your personal information will be completely removed from our databases in response to the Client Portal ID cancellation. However, such information will be deactivated and will only be available to select Hyperspike Pty Ltd (hyperspike.com) personnel.

Security

Your Information is stored on The Hyperspike Pty Ltd’s (hyperspike.com)’s server located in Australia. Hyperspike Pty Ltd (hyperspike.com) strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure.

Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

Notice

We may change this PRIVACY POLICY from time to time based on your comments and our need to accurately reflect our data collection and disclosure practices. All changes to this policy are effective after we provide you with at least thirty (30) days’ notice of the changes by posting the changes and/or sending email to Client Portal ID’s. We provide you with thirty (30) days notice to allow you the opportunity to notify Hyperspike Pty Ltd (hyperspike.com) if you do not agree to such changes.