Projex SAAS Pty Ltd ABN 88 659 849 386 trading as "RunProjex" ("we", "us" or the "Company") is committed to privacy protection. At https://RunProjex.com/ ("this site"), we understand the importance of keeping personal information private and secure. This privacy policy ("Privacy Policy") describes generally how we manage personal information and safeguard privacy. If you would like more information, please don't hesitate to contact us. This Privacy Policy forms part of, and is subject to the provisions of, our Website Terms of Use (RunProjex.com/au/terms).

The Australian Privacy Principles

1. We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.

What is "personal information"?

1. Personal information held by the Company may include your:

name and date of birth;

residential and business postal addresses, telephone/mobile/fax numbers and email addresses;

bank account and/or credit card details for agreed billing purposes;

any information that you provided to us by you during your account creation process or added to your user profile;

preferences and password for using this site and your computer and connection information; and

any information that you otherwise share with us.

Information provided to Stripe

2. All purchases that are made through this site are processed securely and externally by Stripe. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).

How we may collect your personal information

1. At this site, we only collect personal information that is necessary for us to conduct our business as an estimating and workflow management software solution that helps businesses manage painting projects accurately and consistently.

Information that you provide to us

2. We may collect personal information that you provide to us about yourself when you:

use this site, including (without limitation) when you:

create a user account;

add information to your user profile;

purchase any products and/or services through this site;

add reviews, forum or chat room messages or comments in any elements of this site that permit user-generated content;

register for access to premium content or request certain premium features; or

complete an online contact form to contact us or any third party supplier;

provide information to us by telephone or through marketing or competition application forms; or

send us an email or other communication.

IP addresses

3. This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Company collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Company may also collect and use web log, computer and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.

Cookies

1. This site uses "cookies" to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the "Cookies" folder on your computer and remains in that folder after you close your browser, and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.

2. You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.

Why we use cookies

3. This site uses cookies in order to:

remember your preferences for using this site;

manage the signup process when you create an account with us;

recognise you as logged in while you remain so. This avoids your having to log in again every time you visit a new page;

facilitate e-commerce transactions, to ensure that your order is remembered between pages during the checkout process;

show relevant notifications to you (eg, notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and

remember details of data that you choose to submit to us (eg, through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc).

4. Many of these cookies are removed or cleared when you log out but some may remain so that your preferences are remembered for future sessions.

Third party cookies

5. In some cases, third parties may place cookies through this site. For example:

Google Analytics, one of the most widespread and trusted website analytics solutions, may use cookies de-identified data about how long users spend on this site and the pages that they visit;

Google AdSense, one of the most widespread and trusted website advertising solutions, may use cookies to serve more relevant advertisements across the web and limit the number of times that a particular advertisement is shown to you; and

third party social media applications (eg, Facebook, Twitter, LinkedIn, Pinterest, YouTube, Instagram, etc) may use cookies in order to facilitate various social media buttons and/or plugins in this site.

How we may use your personal information

1. Your personal information may be used in order to:

verify your identity;

assist you to place orders through this site;

process any purchases of products and/or services that you may make through this site, including charging, billing and collecting debts;

make changes to your account;

respond to any queries or feedback that you may have;

conduct appropriate checks for credit-worthiness and for fraud;

prevent and detect any misuse of, or fraudulent activities involving, this site;

conduct research and development in respect of our products and/or services;

gain an understanding of your information and communication needs or obtain your feedback or views about our products and/or services in order for us to improve them; and/or

maintain and develop our business systems and infrastructure, including testing and upgrading of these systems,

and for any other purpose reasonably considered necessary or desirable by the Company in relation to the operation of our business.

2. From time to time we may email our customers with news, information and offers relating to our own products/services or those of selected partners. Your personal information may also be collected so that the Company can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.

When we may disclose your personal information

1. In order to deliver the products/services you require or for the purposes set out above, the Company may disclose your personal information to organisations outside the Company. Your personal information may be disclosed to these organisations only in relation to this site, and the Company takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:

customer enquiries;

mailing systems;

billing and debt-recovery functions;

information technology services;

marketing, telemarketing and sales services;

market research; and

website usage analysis.

2. In addition, we may disclose your personal information to:

your authorised representatives or legal advisers (when requested by you to do so);

credit-reporting and fraud-checking agencies;

credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);

our professional advisers, including our accountants, auditors and lawyers;

government and regulatory authorities and other organisations, as required or authorised by law;

organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and

the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.

Contacting us about privacy

1. If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email to support@RunProjex.com or by post.

Access to your personal information

2. In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email using the email address provided above or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.

3. In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:

be unlawful (eg, where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);

have an unreasonable impact on another person’s privacy; or

prejudice an investigation of unlawful activity.

4. We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.

Correcting your personal information

5. We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.

Storage and security of your personal information

1. We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.

Third party websites

1. You may click-through to third party websites from this site, in which case we recommend that you refer to the privacy statement of the websites you visit. This Privacy Policy applies to this site only and the Company assumes no responsibility for the content of any third party websites.

Re-marketing

2. We may use the Google AdWords and/or Facebook re-marketing services to advertise on third party websites to previous visitors to this site based upon their activity on this site. This allows us to tailor our marketing to better suit your needs and to only display advertisements that are relevant to you. Such advertising may be displayed on a Google search results page or a website in the Google Display Network or inside Facebook. Google and Facebook may use cookies and/or pixel tags to achieve this. Any data so collected by Google and/or Facebook will be used in accordance with their own respective privacy policies. None of your personal Google and/or Facebook information is reported to us.

3. You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt out of targeted advertising.

GDPR

1. The Company welcomes the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) as an important step forward in streamlining data protection globally. Although we do not operate an establishment within the EU and do not target any offering of services towards customers/clients in the EU specifically, we intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.

GDPR rights

2. The requirements of the GDPR are broadly similar to those set out in the Privacy Act and include the following rights:

you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;

you may also have a right to:

have that information rectified or deleted;

restrict our processing of that information;

stop unauthorised transfers of your personal information to a third party;

in some circumstances, have that information transferred to another organisation; and

lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and

where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.

3. If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:

such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other customers/clients subject to appropriate confidentiality protections; and

even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:

to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and

in exercising and defending our legal rights and meeting our legal and regulatory obligations.

Storage and processing by third parties

4. Data that we collect about you may be stored or otherwise processed by third party services with data centres based outside the EU, such as Google Analytics, Microsoft Azure, Amazon Web Services, Apple, etc and online relationship management tools. We consider that the collection and such processing of this information is necessary to pursue our legitimate interests in a way that might reasonably be expected (eg, to analyse how our customers/clients use our services, develop our services and grow our business) and which does not materially impact your rights, freedom or interests.

5. The Company requires that all third parties that act as “data processors” for us provide sufficient guarantees and implement appropriate technical and organisational measures to secure your data, only process personal data for specified purposes and have committed themselves to confidentiality.

Duration of retention of your data

6. We will only keep your data for as long as is necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements. At the end of any retention period, your data will either be deleted completely or anonymised (for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning). In some circumstances, you can ask us to delete your data.

Keeping your information up-to-date

7. To ensure that your personal information is accurate and up to date, please promptly advise us of any changes to your information by contacting our data protection officer by email at support@RunProjex.com by post.

Changes to this Privacy Policy

1. From time to time, it may be necessary for us to revise this Privacy Policy. Any changes will be in accordance with any applicable requirements under the Privacy Act and the Australian Privacy Principles. We may notify you about changes to this Privacy Policy by posting an updated version on this site.

* * * *

If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).

RunProjex Software Licence Terms

These Software Licence Terms forms part of, and is subject to the provisions of, our Website Terms of Use (RunProjex.com/au/terms).

Definitions and interpretation

In the terms and conditions on this page:

“Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, improvements, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application, in all parts of the world;

“Licence Fee” means the monthly fee payable by you to the Company for the use of our Software for the Permitted Purpose as determined by the subscription you elect per our Pricing Page;

“Permitted Purpose” means the estimating and management of painting projects;

“Pricing Page” means the pricing page as found on our website RunProjex.com/au/pricing/

“Software” means the software found on our website https://www.RunProjex.com/au/ and delivered to you by us or used or accessed by you pursuant to these terms, including but not limited to:

1. supply of the RunProjex management software;

2. all instructions, manuals, guidance, documents and content comprised therein;

3. software customisation;

4. single sign-on; and

5. any other software services agreed in writing by us time to time.

“User Data” means all of the data that you upload into the Software, including all text and other data that you enter into any of the online document creation forms comprised in the Software;

“User Documents” means all of content and documents generated by the Software and delivered or made available to you by us through your use of the Software;

• a reference to these licence terms includes a reference to our Website Terms, Privacy - Policy, and these Software Licence Terms; and

• words and phrases that are defined in the Usage Terms have the same meanings when used on this page.

• The rules of interpretation that apply to the Usage Terms also apply to the terms and conditions on this page.

Software Use

1. YOU MUST USE THE SOFTWARE AND ALL USER DOCUMENTS SOLELY AND EXCLUSIVELY FOR THE PERMITTED PURPOSE. 

2. Without limitation to the other requirements of our Usage Terms, you must not:

use the Software or any User Documents for any purpose or in any manner other than for the Permitted Purpose in accordance with our Usage Terms;

use the Software or any User Documents in any way that could damage the reputation of the Company or the goodwill or Intellectual Property Rights of the Company associated with the Software and/or the User Documents;

permit any third party to use the Software or any User Documents without our prior written consent;

assign, sub-licence or otherwise deal in any other way with any of your rights under our Usage Terms without our prior written consent;

disclose your password(s) to any third party;

copy, reproduce, translate, adapt, vary or modify the Software or any User Documents or create any derivative works based upon the Software or any Documents, other than pursuant to the license granted to you under the heading “License” on this page below;

disassemble, decompile or reverse engineer the Software or attempt to do so;

modify or remove any copyright or proprietary notices pertaining to the Software or the User Documents; or

use the Software to provide services to third parties;

attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or User Documents in any form or media or by any means;

engage in conduct that, in the opinion of the Company at its sole and absolute discretion, indicates an intention to misuse and/or misappropriate the Software and/or any content of any User Documents; or

overload the Software, upload excessive data, or excessively use the cloud storage, subject to clause 5 below.

Software License

Software

1. For the duration of your subscription (subject to clause 5 below), the Company hereby grants to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the Software solely and exclusively for the Permitted Purpose, subject to and in accordance with the terms and conditions set out in our Usage Terms. The Company reserves the right to licence the Software to other parties or otherwise deal with the Software on such terms as it may elect in its discretion.

User Documents

2. Subject to the provisions under the heading “Ownership of Intellectual Property Rights” below and your continued compliance with all of the provisions of our Usage Terms, the Company hereby grants to you a perpetual license to keep, use and reproduce all User Documents validly produced by you in accordance with our Usage Terms (and to permit the particular bona fide clients for which the relevant User Documents were first created to do the same), provided that such conduct is undertaken solely and exclusively for the Permitted Purpose.

Ownership of Intellectual Property Rights

1. You acknowledge and agree that:

our Usage Terms do not transfer or assign any Intellectual Property Rights to you;

your use of this site or any custom branded portal does not transfer or assign any Intellectual Property Rights to you;

RunProjex IP retain all Intellectual Property Rights in the Software and you have no Intellectual Property Rights in any part of the Software, including any modifications or enhancements thereof, other than the rights temporarily granted to you pursuant to the license under the heading “License” above; and

RunProjex IP owns and retains all Intellectual Property Rights in the User Documents, and you have no Intellectual Property Rights or other rights in any part of the User Documents other than:

the rights granted to you pursuant to the license under the heading “License” on this page above; and

in respect of your User Data.

You grant RunProjex IP an irrevocable, royalty free, perpetual and non-exclusive licence to use the User Data, feedback, uploads or other data that you input into the Site or the Software to improve the Software and any improvements made as a result of such use will be the intellectual property of RunProjex IP.

Licence Fee

1. Our pricing model is based on subscription pricing on a tiered scale, offering subscribers packages with different feature combinations at different price points. Subscriptions will be made available on a monthly or yearly basis, per user. Yearly payments will be discounted, providing incentive for long term subscriptions. Our tiered pricing structure will be based on five different users:

Free Version – 14 days trial;

Sole Trader

Small Business

Teams

Our Pricing Page can be seen here (RunProjex.com/au/pricing/).

2. Depending on the subscription model you elect from our Pricing Page, you must pay to us the Licence Fee monthly or yearly (whichever is applicable), in advance. Each payment of the Licence Fee shall be made with time of the essence and without right of set-off or deduction. You acknowledge and agree that we may charge interest on any late payment of the Licence Fee at 10% per annum, with the interest broken down into a daily interest charge.

3. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees, late payment fees or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used.

4. The Licence Fee is inclusive of cloud and data storage, and you will not be required to pay any additional fees for cloud storage. However, if we deem in our sole and absolute discretion that you are in excessive use of cloud or data storage, we may vary your Licence Fee by written notice. In this instance, you accept that your Licence Fee may not reflect the fees described in the Pricing Page.

5. We may review and change the Pricing Page, and your Licence Fee, from time to time however, any changes to your subscription plans will apply no earlier than 30 days following notice to you.

6. You recognise and agree that you shall not be entitled to a refund for any payment/s, or portions of payments, of any kind whatsoever provided to the Company or in respect of the licence to use the Software.

Support Services & Customisation

1. The Company may provide support services to you in relation to the use of the Software, and such support services will be at the Company’s standard hourly rates then in force, which may be amended from time to time.

2. If you request, the Company may, but is not obligated to, provide customised versions of the Software to you. The Licence Fee, for customised versions of the Software, shall be increased at the Company’s standard rates then in force, which may be amended from time to time.

Consequences of violation

1. The Company (for itself and as agent and trustee for and on behalf of RunProjex IP) reserves all of the rights of the Company and RunProjex IP in relation to any breach of our Usage Terms, including any violation of these Software Licence Terms, including the right to seek injunctive relief and the right to sue for damages.  Without limitation to those rights, if the Company finds that you have used the Software other than in accordance with our Usage Terms, the Company reserves the right to, without notice to you:

limit your subscription (which, if your subscription would otherwise entitle you to receive User Documents in MS Word format, includes limiting your access to PDF versions only); and/or

suspend or terminate your subscription.

Cyber Security

The Company may, but is not obligated to, host, archive or store any User Data or User Documents or other documentation or data you input into the Software. You are responsible for backing up all your own User Data and User Documents and the Company is not responsible in the event of corruption to the site or the Software, which may lead to the loss of User Data and/or User Documents. You acknowledge that the Software includes the functionality of exporting data in multiple formats for the purposes of backing up all your own User Data and User Documents, and the Company advises you to do so. You warrant that you have your own cyber risk insurance to prevent unauthorised use and access to the Software and acknowledge that you may not make a claim against the Company for any loss or damage suffered as a result of lost data in the Software.

Except to any extent required by law, the Company hereby provides the Software to you on an “as-is” basis and expressly excludes any warranty as to the relevance of the Software for your business, needs or intended use, or that the Software will be error-free or interrupted.