Definitions All defined terms in this Agreement have the meaning assigned to them by the Definitions set out herein:
ACN means Australian Company Number, as defined by the Corporations Act 2001 (Cth).
ABN means Australian Business Number, as defined by A New Tax System (Australian Business Number) Act 1999 (Cth).
Client means an entity or person acting in their own capacity or on behalf of and with the authority of an account holder of the White Peak Digital website, requesting Services. If a Client is requesting Services on behalf of their business, employer, or other organisation, then the Client is taken to have been duly authorised to act on behalf of their employer or that entity, and this Agreement will be binding on that person or entity as well.
Contractor means any person or entity proposing to complete the Services upon instruction of the Client.
Confidential Information means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, User information (including Personal Information), and pricing details.
Cookies means small files which are stored on a user’s computer. They are designed to hold data (including Personal Information) specific to a particular User and website and can be accessed either by the web server or the User’s computer.
White Peak Digital means White Peak Digital Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of White Peak Digital.
Parties means any Contractor or End User.
Personal Information means information that could be used to identify a person, including but not limited to name, address, date of birth, occupation, driver’s licence details, electronic contact details (such as email, Facebook or LinkedIn details), and other contact information (where applicable), and Cookies. For the avoidance of doubt, an ABN or ACN is not Personal Information, but may be Confidential Information.
Profile Information means some Personal Information which will be provided by a User in setting up an account on the White Peak Digital Website, but will not include Confidential Information, or information, including but not limited to, the User’s date of birth, driver’s licence details, alternative contact details, financial account details, etc.
Services means the work completed by a Contractor at the request of a Client including but not limited to a project, assignment, job, task, work, or requirement for some other kind of service, and includes any Variations.
User means any user of the White Peak Digital Website, which may include the Contractor, Client, or any other person.
Variations means any variations to the Services agreed to between the Parties, in accordance with the Service Agreement.
Website means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical user interface.
- All emails, documents, images or other recorded information held or used by White Peak Digital is Personal Information, and therefore Confidential Information as defined in this Agreement.
- White Peak Digital primarily stores information in Queensland-based servers. If you reside or are located outside of Queensland, Australia, White Peak Digital may send and store your Personal Information in Australia in order to provide and operate our Website and facilitate providing Services to Users.
- White Peak Digital acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Privacy Act”) including Part IIIC of the Privacy Act, Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB). and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”).
- If White Peak Digital becomes aware of any data breaches and/or disclosure of Personal Information held by White Peak Digital that results or may result in serious harm to a User, White Peak Digital will notifying the User in accordance with the Privacy Act and/or the EU Data Privacy Laws.
- Releases of Personal Information by White Peak Digital will only be made accordance with the Act and the EU Data Privacy Laws (where relevant), and White Peak Digital will not release Personal Information without the User’s written consent, unless required to do so by law.
- White Peak Digital uses the following Cookies.
- Persistent Cookies: these Cookies do not have an expiration date and may be saved on a User’s computer hard drive, and can be accessed by the Website if the User closes and then later reopens the Website.
- Session Cookies: these Cookies are stored in internet memory only, and are not saved onto a User’s computer hard drive, and will be lost after the computer browser closes.
- IP address, browser, email User type and other similar details;
- tracking website usage and traffic; and
- reports made available to White Peak Digital when White Peak Digital sends an email to Users, so White Peak Digital may collect and review that information.
- White Peak Digital will collect Cookies from all users of the White Peak Digital Website. A User may disable the collection of Cookies through their internet browser, but in doing so may be prevented from accessing the site’s functionality.
- Notwithstanding any of the above clauses, privacy limitations will extend to White Peak Digital in respect of Cookies, where transactions for purchases/orders transpire directly from White Peak Digital’s website.
- White Peak Digital will contact Users directly with the Personal Information the User has provided in order to:
- send updates on services, news and special offers, as well as information about affiliated service providers, if the User has opted-into receiving marketing communications;
- send administrative and account-related messages, even if the User has opted out of receiving marketing communications; and
- to establish and set up a User’s account, verify or re-issue a password, log User’s activity, enable User’s communications with other Users, provide customer support and contact Users from time to time.
- White Peak Digital may also collect other information from 3rd parties, such as data aggregators and public databases, which may be used to supplement the information provided by Users, in accordance with applicable laws. This may include but is not limited to:
- checking ACN/ABN numbers;
- undertaking fraud searches;
- carrying out risk assessment efforts;
- monitoring content integrity;
- conducting security investigations;
- verifying or authenticating information provided by Users; and
- enforcing the White Peak Digital Terms and Conditions of Service; and
- comply with applicable laws.
- White Peak Digital disclaims any liability and does not guarantee that information Users send from a computer or other device over the Internet will be protected by encryption or any encoding software. White Peak Digital does not warrant as to the security or privacy of User’s Personal Information communicated in this way, including payment and account details. Users transmit personal information to White Peak Digital at their own risk and are entirely responsible for maintaining the security of their passwords and/or account information.
- Users shall have the right to request (by email) from White Peak Digital (subject to White Peak Digital’s legal rights to retain or refuse to provide that information, or because the request is unreasonable):
- a copy of the Personal Information about the User retained by White Peak Digital; and the right to request that White Peak Digital correct any incorrect Personal Information;
- that White Peak Digital does not disclose any Personal Information about the User for the purpose of direct marketing; and
- a correction to any incorrect information held by White Peak Digital in relation to that User,
- White Peak Digital will destroy Personal Information upon request (by email), or if it is no longer required, unless it is required in order to fulfil the obligations of this Agreement, or is required to be maintained and/or stored in accordance with the law.
- White Peak Digital retains copies of information in their system to prevent information being accidentally or maliciously destroyed; White Peak Digital makes no assurance that residual information of this kind will be deleted immediately if it is removed from the Website.
- The User can make a privacy complaint by contacting White Peak Digital (by email). White Peak Digital will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the User is not satisfied with the resolution provided, the User can make a complaint to the Information Commissioner at www.oaic.gov.au.
Last updated 1 July 2023