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Please read the documents below carefully and if you have any further questions please email firstname.lastname@example.org or call/txt +61 424 261 976
The following are the terms and conditions for use of the various services provided by Working Software Group Pty Ltd, ACN 604 335 186, 233 The Scenic Rd, Killcare Heights NSW 2257, Australia (referred to as "Working Software"), including BenkoBoard personal Trello integration for Gmail, and BenkoDesk shared Trello integration for Gmail (collectively referred to as the "Service").
Please read these terms and conditions carefully. This Service is provided only to individuals who are have valid Gmail and Trello accounts.By completing the registration process, you are stating that you agree to be bound by all of these terms and conditions of the service (referred to as these "Terms"). You are not authorised to use the Service unless you accept these Terms without modification.
You are responsible for any and all activities that occur in relation to the Service under your account (including the content of transmissions from your account, or any content uploaded or published through your account), except to the extent that a third party accesses your account as a result of Working Software's negligence.
You must notify Workin Software immediately if you become aware of any unauthorised use of your account or any other breach of security. If a third party accesses your account without your authorisation, we will endeavour to block the unauthorised access and to restore your control of the account.
As a condition of your use of the Service, you warrant to Working Software that you will not use the Service for any purpose that is unlawful or prohibited by these Terms.
You must not re-sell the Service unless you have been given explicit prior permission to be a reseller by Working Software.
You agree to abide by all applicable local, state, national and international laws and regulations. By way of example, and not as a limitation, you agree not to:
Working Software has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, Working Software reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
The links included within the Service may let you leave the Service web sites ("Linked Sites"). The Linked Sites are not under the control of Working Software and Working Software is not responsible for the contents of any linked site or any link contained in a Linked Site, or any changes or updates to such sites. Working Software is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Working Software of the site or any association with their operators.
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Working Software may make improvements and/or changes to the Service at any time.
Working Software does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. Working Software does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
You specifically agree that Working Software shall not be responsible for or liable for:
Working Software make no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose. The Service is provided "as is" without warranty of any kind. Working Software hereby disclaim all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
You agree to indemnify and hold Working Software, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
Working Software may terminate your access to any part or all of the Service and any related service(s) effective immediately if you fail to comply with these Terms, or where required to by law.
Working Software may also terminate or suspend your account for non-payment, which is defined as failure to make a renewal after your paid subscription period expires.
Upon termination of the Service, your right to use the Service immediately ceases.
Working Software shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
Working Software may choose to make a refund of prepaid fees for the Services at its sole discretion, however Working Software shall have no obligation to refund any portion of any fees in the event that you wish to discontinue use of all or part of the Service, or in the event that your access is terminated by Working Software as a result of you failing to comply with these Terms.
Working Software will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, Working Software, or Working Software's advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.
Working Software reserves the right to change these Terms or its policies regarding the use of the Service at any time and to notify you by posting an updated version of these Terms on this web site. You are responsible for regularly reviewing these Terms to check for updates. Continued use of the Service after any such changes shall constitute your consent to such changes.
These Terms are governed by the laws of the State of New South Wales, and Australia, without regard to the conflict or choice of law rules thereof. The courts sitting in the State of New South Wales, Australia shall have exclusive jurisdiction over any dispute arising hereunder. Use of the Service is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Working Software as a result of this agreement or use of the Service.
Working Software's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Working Software's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Working Software with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Working Software with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Working Software with respect to the Service.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You and Working Software agree that any cause of action arising out of or related to these Terms and/or the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Headings in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
Except where explicitly indicated otherwise, prices shown on this site exclude any sales tax that might be applicable in your jurisdiction. You must pay Working Software any additional sales taxes not previously levied upon request.
Working Software reserves the right to assign its rights and responsibilities under this agreement to any third party.
You acknowledge that if you permit third parties to access your private content through the Service, those third parties may share such data outside of the Service. You acknowledge that Working Software is not responsible for such sharing.
Working Software does not endorse the content or views expressed in content hosted by our customers. Claiming endorsement by Working Software is a violation of these Terms.
You must not re-sell the Service unless you have been given explicit prior permission to be a reseller by Working Software.
If you are given permission to operate as a reseller of the Service, you acknowledge that:
If you acquire the Service as a customer of a reseller, you acknowledge that:
Working Software Pty Ltd ("we", "our" or "us") based at 233 The Scenic Rd, Killcare Heights, NSW 2257, Australia, ABN 19 604 335 186 is responsible for your personal information (Personal Information) and we take our data protection and privacy responsibilities seriously.
For the purposes of this document, the terms "personal information" and "Personal Information" refer to information collected either from non-restricted Google API scopes (for example the https://www.googleapis.com/auth/userinfo.email or https://www.googleapis.com/auth/userinfo.profile scopes) or collected directly through online forms on websites owned and operated by Working Software Group Pty Ltd, through the usage of websites, web or mobile applications owned and operated by Working Software Group Pty Ltd (including but not limited to IP addresses, browser information or usage statistics), via any form of electronic messaging to accounts owned and operated by Working Software Group Pty Ltd (including but not limited to SMS, direct internet messaging apps such as WhatsApp or Facebook Messenger or email) or through conversations either on the phone or in person during which information is collected, or through any other form of data collection such as paper based forms that do not include information fetched through the Gmail API or the Google Drive API using restricted scopes. Restricted Gmail API and Google Drive API scopes are as follows:
For descriptions of each scope, please refer to the Gmail API or Google Drive API respectively. Note that BenkoBoard/BenkoDesk do not request access to all of the above scopes. The scopes requested may change from time to time and authorisation to use each scope will be granted expressly through the OAuth2 authentication process.
Unless otherwise stated in this document, our use of data collected from Gmail API and/or Google Drive API restricted scopes ("restricted scope data") complies with Google's Limited Use Requirements. Specifically, this means that any restricted scope data:
Important information about Working Software:
Working Software is an Australian company, Working Software Pty Ltd ("Working Software"). We also operate under the brand/marketing names: The Procedure People https://www.theprocedurepeople.com, Magic Mobile http://www.magicmobile.com.au, BenkoBoard http://www.benkoboard.com, BenkoDesk http://www.benkodesk.com and Trellinator http://www.trellinator.com as part of our services portfolio.
Our website has our contact information: https://www.theprocedurepeople.com/.
You should be aware that your information may be held in databases which can be accessed by other Working Software companies and their partners or service providers worldwide. We employ people through different Working Software companies and partners, depending on where they live and those Working Software companies and partners provide service, at the same level of quality and with the same policies throughout the world. We provide more information on our worldwide service locations and partners in this policy.
In this section you can find out more about:
We collect information about you if you register to use our services, create an account with us, visit our platform or one of our websites, or use one of our services. We also collect information about you where you are an individual representative of one of our business partners or providers with whom we engage in offering and providing our services.
If you register to use, or use, one of our websites or services including BenkoDesk http://www.benkodesk.com or BenkoBoard http://www.benkoboard.com, personal information that may be collected directly from you includes name, email address, Google account ID, your own domain name, IP address, browser user-agent and billing details (credit card, or PayPal account). We also collect some of this information if you are using our services on a trial basis.
We may also collect personal information such as IP address, device information and log information by using cookies. Please see Cookies for more information on this.
We also store information from your address book on our servers until you delete them.
We also temporarily collect but do not permanently store the email content you create, upload, or receive from others when using our services. We use this information to deliver our services, like publishing Gmail content to Trello and vice versa.
Each time you connect to our service, we log your IP address, your client identifier (browser or device information).
We use this information to:
We routinely analyse information to help improve the way we run our business, to provide a better service and to enhance the accuracy of our products and services. We use usage information for data analytics, particularly to understand how our services are used, but this information is not personal information as it is. We anonymise data fields before allowing information to be available for analysis.
In this section you can find out more about how we share personal information:
We may share your personal information in the manner and for the purposes described below:
Your use of Working Software products and services is subject to your organisation's policies, if any. You should direct your privacy inquiries, including any requests to exercise your data protection rights, to your organisation's account administrator.
In this section you can find out more about:
We may use your name and email address to send direct marketing communications to you and let you know more about our services or related services that we believe will be of interest to you. We may contact you by email, or through other communication channels that we think you may find helpful. In all cases, we will respect your preferences for how you would like us to manage marketing activity with you.
To protect your privacy rights and to ensure you have control over how we manage marketing with you:
We do not profile you to customise services for you, provide personalised content or show you personalised advertisements based on your individual interests, preferences, or related activities.
In this section you can find out more about:
Your personal information may be disclosed, transferred to or processed outside of your country of residence. This includes (but is not limited to) Australia, the United States of America, The Phillipines and Romania, where it will be subject to the laws of the country to which it is transferred. These jurisdictions may not have an equivalent level of data protection laws as those in your country.
For EU/UK individuals - if you are an individual based in or a resident of the European Union or the United Kingdom, your personal information may be processed outside of the European Union, in countries such as the United States of America, Australia, The Phillipines and/or Romania, that are subject to different standards of data protection.
We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognised as providing an adequate level of legal protection or where we can be satisfied that alternative arrangement are in place to protect your privacy rights. To this end:
You have a right to email email@example.com for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal information when this is transferred as mentioned above.
We store most of your personal information electronically. We implement and maintain appropriate technical and organisational security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, misuse or interference or the unauthorised disclosure, access or modification to such information appropriate to the nature of the information concerned.
The security of your information is paramount and a critical consideration for Working Software in the provision of its services to you.
We work hard to protect you and Working Software from unauthorised access, alteration, disclosure, or destruction of information we hold. Measures we take include:
In some circumstances we may store your personal information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax, accounting requirements. Where we log information related to your IP address, we retain this information for approximately 90 days.
Where you request that we delete your account from our system, we will immediately lock the account and archive the information, then delete it from our severs within approximately 7 days from the date of your request. This archive window allows you to recover your information in the event of an accident or malicious deletion request.
However, in specific limited circumstances we may store your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings.
A cookie is a text file containing small amounts of information which is downloaded to/stored on your computer (or other internet enabled devices, such as a smartphone or tablet) when you visit a website.
Cookies may collect personal information about you. Cookies help us remember information about your visit to our website, like your username, country, language and other settings. Cookies allow us to understand who has seen which webpages, to determine how frequently particular pages are visited and to determine the most popular areas of our website. They can also help us to operate our website more efficiently and make your next visit easier.
You have a number of rights in relation to your personal information.
You may access or request correction of the personal information that we hold about you by emailing firstname.lastname@example.org. There are some circumstances in which we are not required to give you access to your personal information.
There is no charge for requesting access to your personal information but we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material).
We will respond to your requests to access or correct personal information in a reasonable time and will take all reasonable steps to ensure that the personal information we hold about you remains accurate, up-to-date and complete.
You can access and control your Personal Information that Working Software has obtained with tools Working Software provides to you, described below, or by contacting Working Software.
You can also object to or restrict Working Software's use of your personal information. For example, you can object at any time to our use of your personal information:
You may have these rights under applicable laws, including the EU General Data Protection Regulation (GDPR), but we offer them regardless of your location.
If your organisation, such as your employer or service provider, provides you access to and is administering your use of Working Software products, contact your organisation to learn more about how to access and control your Personal Information.
We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
Email email@example.com, phone or TXT +61 424 261 976
Working Software Pty Ltd
233 The Scenic Rd
You have a right to lodge a complaint with your local data protection supervisory authority (i.e. your place of habitual residence, place or work or place of alleged infringement).
If you are located in Australia, you can contact the Office of the Australian Information Commissioner at https://www.oaic.gov.au/.
We would however ask that you please attempt to resolve any issues with us before raising with your local supervisory authority.
|Personal Information||Any information capable of identifying a natural person, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their his or her physical, physiological, mental, economic, cultural or social identity. Information is considered personal when it enables anyone to link information to a specific person, even if the person or entity holding that data cannot make that link.|
|Processing and "process"||Any operation or set of operations that is performed upon Personal Data, whether or not by automatic means, including, but not limited to collection, recording, organisation, storage, access, adaptation, alteration, retrieval, consultation, use, disclosure, dissemination, making available, alignment, combination, blocking, deleting, erasure, or destruction.|
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All rights reserved. Any rights not expressly granted herein are reserved.