LEGAL CONTENTS

Terms of Service

Last updated: 21 February 2023 | Archive Versions

These Intelli Messaging Terms and Conditions (“Agreement”) apply to your use of the Web Application, Gateway, our website (https://intellisms.com.au/) and Services, including the features provided in connection with our Services.

This Agreement is between FujiFilm Secure Messaging Services Pty Ltd (“Intelli Messaging”) and you or the organisation on whose behalf you are accepting or otherwise agreeing to the terms and conditions of this Agreement (“you”, “your”, “yours”, or “Customer”).

If you have a separate written agreement with Intelli Messaging for your use of the Services, this Agreement will not apply to you, unless that written agreement does not cover your use of the Web Application, Gateway, our Website and/or a particular Service, in which case, these Intelli Messaging Terms and Conditions of Use apply solely to your use of Web Application, Gateway, our Website and/or that particular Service.

This Agreement is effective as of the date you first click “I accept” (or similar button or checkbox) or use or access the Web Application, Gateway or Service, whichever is earlier (the “Effective Date”). This Agreement does not have to be signed in order to be legally binding between you and Intelli Messaging. You agree to this Agreement by clicking “I accept” (or similar button or checkbox) at the time you register for the Services or create an account.

Please review this Agreement carefully. If you do not agree to be bound by this Agreement, must not accept this Agreement, create an account, or use the Services (as defined in section 1 (Definitions) below).

1. DEFINITIONS

“Affiliate” means any entity that directly or indirectly controls or is controlled by, or is under common control with, the party specified.

“Acceptable Use Policy” means the terms relating to the use of the Services as published by Intelli Messaging on Intelli Messaging’s website or as notified to the Customer or otherwise made available to the Customer by Intelli Messaging directly from time to time.

“ACL” or “Australian Consumer Law” means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

“API” means application programming interface as specified in the Interface Specification.

“Business Day” means a day on which banks are open for general banking business in Victoria, Australia, excluding Saturdays, Sundays and public holidays.

“Carriage Service” has the same meaning as given to the corresponding term in the Telecommunications Act.

“Carrier” has the same meaning as given to the corresponding term in the Telecommunications Act and includes but is not limited to Telstra, Optus and Vodafone but also includes an entity that operates a telecommunications network outside Australia.

“Characters” means all letters, numbers, spaces, symbols and punctuation marks.

“Customer Account” means a single customer account within the Gateway.

“Customer Information” means the information, materials, logos, documents, qualifications and other intellectual property or data provided by the Customer Intelli Messaging in connection with the Services, including Data.

“Data” means Personal Information that is supplied by (or on behalf of) the Customer to Intelli Messaging in connection with the Services under this Agreement.

“Data Incident” means any actual:

breach of Intelli Messaging’s obligations relating to protection of Data under this Agreement;
unauthorised access to, or unauthorised disclosure of, any Data; or
loss of Data, including where Data is damaged or corrupted so that it becomes unusable; or
where, as determined by Intelli Messaging, the access or disclosure is likely to result in serious harm to one or more individuals and Intelli Messaging has not been able to prevent the likely risk of serious harm with remedial action.

“End Customer” means a party using the service that is a customer of the Customer.

“Fees” means the fees and charges set out, referred to or otherwise calculated at the time the Customer purchases Transaction Credits.

“Gateway” means the Intelli Messaging messaging servers and applications accessed through the defined Interface Specifications and/or Web Application as updated by Intelli Messaging in its sole discretion from to time that provides the Service.

“Interface Specifications” means the interface specifications contained in the version of the document(s) provided to or made available to the Customer by Intelli Messaging from time to time.

“Message Status Query” means a call to the API, which polls the GSM network for each and every MT Message.

“MO Message” means Mobile Originated SMS Message, or a SMS Message sent from a mobile phone via the GSM network and received back to the Customer via the Gateway.

“MT Message” means Mobile Terminated SMS Message or the initial SMS Message sent by the Customer and delivered by the Gateway to the GSM network and onto a device capable of receiving SMS Message.

“Network Operator” means any entity operating a GSM-based mobile telephony network, offering mobile telephony services to its customer base.

“New Materials” means all intellectual property developed, adapted, modified or created by Intelli Messaging in the provision of the Services.

“Personal Information” has the meaning given to ‘personal data’, ‘personal information’ or ‘personally identifiable information’ by the Privacy Legislation.

“Privacy Legislation” means all applicable state, federal, and foreign privacy, information, security and data protection laws, codes and regulation that are appliable to the provision of the Services and as they apply to the parties in the context of their roles and responsibilities under this Agreement, including but not limited to the Privacy Act 1988 (Cth), Australian Privacy Principles, and California Consumer Privacy Act, in any case as may be amended, superseded or replaced from time to time.

“Privacy Policy” means the privacy notice published by Intelli Messaging on its website, the current version of which is available at https://intellisms.com.au/privacy-policy/.

“Service” means:

(i)The SMS Messaging Services;
(ii) The SMS Marketing Services; and/or
(iii) any other products and services offered by Intelli Messaging and as agreed between the parties from time to time or used by Customer, whichever is earlier.

“SMS Messages” means short text messages sent via the Gateway to a mobile phone on a Network Operator’s GSM networks.

“SMS Messaging Services” means the delivery of an SMS Message to the relevant mobile GSM network.

“SMS Marketing Services” means the use of SMS Messages in a co-ordinated marketing campaign.

“Telecommunications Act” means Telecommunications Act 1997 (Cth).

“Transaction Credits” means credits pre-purchased by the Customer via the Web Application in order to use the Services, including sending SMS Messages, and as further contemplated in clause 9.1 of this Agreement.

“Web Application” means a self-service web application that Customers can access via Intelli Messaging’s website (https://intellisms.com.au/) to access and use the Services.

2. TERM

This Agreement will start on the Effective Date and will continue unless terminated earlier in accordance with this Agreement.

3. SERVICE

3.1 In consideration of the Fees, Intelli Messaging will provide the Services to the Customer and the End Customer via the Gateway on the terms and conditions set out in this Agreement.

3.2 After the Effective Date of Agreement, the parties may agree to expand or add additional services to the Agreement (Additional Services). The parties may do this by documenting any such Additional Services in writing.

3.3 Intelli Messaging will provide support services as mutually agreed by the parties in writing. Customer acknowledges and agrees that such support services may be subject to additional fees and charges.

3.4 If Intelli Messaging provides a time within which the Services are to be provided, Intelli Messaging will use reasonable endeavours to provide the Services by such time, but the Customer agrees that:

a) such time is an estimate only, and creates no obligation on Intelli Messaging to provide the Services by that time; and

b) Intelli Messaging’s performance of the Services is subject to the Customer providing Intelli Messaging in a timely manner with any Customer Information that Intelli Messaging requires in order to provide the Services to the Customer.

3.5 The terms set out in this Agreement apply to all Services provided by Intelli Messaging to the Customer by agreement between Intelli Messaging or, failing agreement, under section 479 of the Telecommunications Act.

4. ACCESS TO THE SERVICE

4.1 In order to access and use the Services, Customer is required to register for an account via the relevant link on the website. To register for an account, you must provide Intelli Messaging with certain information about you as requested on the relevant account registration page. You confirm that all of the information you provide to Intelli Messaging as part of your registration for an account is complete, true and accurate. Intelli Messaging has the sole discretion to grant an account upon review of your completed registration.

4.2 Customer is solely responsible for ensuring the confidentiality and security of its Customer Account. Customer must keep its login credentials strictly confidential and must not share its login credentials with any unauthorised person. Customer is responsible for all actions taken using its account or password, whether with or without its authorisation, and Customer agrees to immediately notify Intelli Messaging of any unauthorised access or use of its account which it becomes aware of.

4.3 Customer may provide access and use of the Services to its End Customers, in which case Customer must promptly notify Intelli Messaging in writing and Intelli Messaging will establish an account and issue login credentials or provide instructions for the End Customer to establish an account themselves, to enable such access and use. Customer must ensure that all such access and use by the End Customer is subject to and in compliance with this Agreement and Customer will at all times remain liable for its End Customer’s compliance with this Agreement.

5. SENDING SMS MESSAGES

5.1 The Customer may use the Gateway to send SMS Messages to the Customer’s defined message recipient provided the Customer has sufficient Transaction Credits. SMS Messages that contain more than 160 bytes of data as defined by the GSM 03.38 Character set will be sent as multipart SMS Messages where the message from the customer is split into multiple SMS Messages which are recombined by the receiving handset.

5.2 Customer may send up to a maximum of five (5) SMS Messages per second per Customer Account via the Gateway (“Maximum Message Rate”). For the purposes of calculating the Message Rate, this number includes all calls to the Gateway to send MT Messages, retrieve MO Messages and query MT Message Status.

5.3 Where the Customer wishes to exceed the Maximum Message Rate per Customer Account, the Customer must get prior approval from Intelli Messaging writing and such variation to the Maximum Message Rate may be subject to additional fees. The Customer acknowledges that its failure to adhere to this requirement could have a material impact on Intelli Messaging and may result in loss by Intelli Messaging and/or other customers of Intelli Messaging.

6. DELIVERY OF SMS MESSAGES

6.1 Delivery
Subject to clause 9 (Transaction Credits, Fees and Payment) and 18 (Force Majeure), Intelli Messaging will use its reasonable commercial efforts to deliver the SMS Message sent by the Customer or End Customers (as the case maybe) from the Gateway to the mobile GSM network.

6.2 Out of scope
Intelli Messaging is not responsible for delivery of the SMS Message from the mobile GSM network to the nominated mobile phone. This is the responsibility of the relevant mobile GSM network recipient.

7. CUSTOMER RESPONSIBILITIES

7.1 Customer

The Customer shall:
a) use the Services only in accordance with this Agreement, the Acceptable Use Policy and applicable laws;
b) be solely responsible for all use of the Services under any Customer Account;
c) be solely responsible for all acts, omissions, activities and use by End Customers (whether or not authorised by this Agreement);
d) be liable to pay the relevant fees for use of the Service by the End Customer;
e) ensure that the use of the Service by End Customers is in accordance with the terms of this Agreement, the Acceptable Use Policy and applicable laws;
f) manage the Customer Accounts within the Gateway;
g) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and promptly notify Intelli Messaging of any unauthorized access or use; and
h) provide support for the Service to the End Customers.

7.2 Service Suspension
Intelli Messaging may suspend access to the Service for a particular period or may terminate the Agreement immediately upon giving notice the Customer if the Customer or End Customer uses the Service (or Intelli Messaging reasonably believes that the Customer or End Customer has or is using the Service):
a) unlawfully or in a manner that is suspected to be in breach of any applicable law; or
b) in contravention of a relevant industry or government code; or
c) in a manner that contravenes the Spam Act 2003 (Cth), any applicable Privacy Legislation or laws; or
d) in a manner that contravenes the terms and conditions set out in this Agreement and any applicable company policy of Intelli Messaging, including terms relating to the Customer’s use of the Service or any Acceptable Use Policy, as published by Intelli Messaging from time to time; or
e) in a manner where the Service may cause death, personal injury, damage and/or loss to property; or
f) in a manner where there is a threat or risk to the security of the Service or integrity of the network, including problems with the network, or Intelli Messaging needs to suspend the Services to conduct operational and maintenance work on the Network.
Intelli Messaging may also suspend any one Customer Account if the Maximum Messaging Rate for the Customer Account is exceeded or where there is a Force Majeure event.

7.3 Liability for use
The Customer agrees that it is liable for:
a) the destination, content and timing of SMS messages that are sent using the Service by itself and its customers; and
b) any Customer Information that it provides or is provided on its behalf to Intelli Messaging.

7.4 Use of Message Services
The Customer warrants that it and its End Customers will not use the Services or permit the Services to be used to transmit Inappropriate Content. For purposes of this Agreement, “Inappropriate Content” means any Customer Information, Data or otherwise content that:
a) is unsolicited, including without limitation, “junk mail,” “bulk e-mail”, spam or other unsolicited advertising material and/or breaches any applicable Privacy Legislation or laws;
b) causes the introduction of “inappropriate applications”, “inappropriate URLs”, “viruses,” “worms,” “Trojan horses,” “e-mail bombs,” “cancelbots” or other similar destructive computer programming routines into the Gateway, GSM network or subscriber’s handsets or device;
c) that violates any law or legal, regulatory, governmental or Network Operator conditions or codes of practice;
d) is illegal, obscene, offensive, pornographic, threatening, defamatory, discriminatory, misleading or inaccurate or is hateful or encourages hatred or violence against individuals or groups;
e) infringes the intellectual property rights (including but not limited to copyright) of any person or entity or otherwise knowingly breaches the rights of any person or entity; or
f) in any way damages or interferes with Intelli Messaging’s services to other customers, our providers or any facilities or exposes Intelli Messaging or its group related entities to liability.

7.5 Customer warranties
The Customer warrants, represents and agrees that:
a) the Customer’s use of the Services shall comply with clause 7.4 (Use of Message Services) of this Agreement and it shall not incorporate or cause the transmission of any Inappropriate Content;
b) it has the legal capacity to enter into this Agreement. If you are entering this Agreement on behalf of your employer or another entity: (i) you have full legal authority to bind your employer or such entity to this Agreement; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent;
c) it has not relied on any representations or warranties made by Intelli Messaging in relation to the Services (including as to whether the Services are or will be fit or suitable for any particular purposes);
d) it will not distribute or sub-licence the Interface Specification to any person other than in accordance with this Agreement;
e) it will not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Interface Specification;
f) if applicable, it holds a valid ABN which has been advised to Intelli Messaging; and
g) if applicable, it is registered for GST purposes.

7.6 Customer obligations – SMS Marketing Services
Without limiting clause 7.5 (Customer Warranties), in relation to SMS Marketing Services provided Intelli Messaging, the Customer also warrants, represents and agrees that:
a) it has the authority to provide all Customer Information that it provides to Intelli Messaging, including all necessary individual consents and that such consents have been collected in accordance Privacy Legislation; and
b) it has not done anything, and will not do anything, that will cause Intelli Messaging or its related bodies corporate or their personnel to contravene the Privacy Act 1988 (Cth), the Do Not Call Register Act 2006 (Cth), the Spam Act 2003 (Cth) or any other requirement under legislation, industry code or government code or other applicable Privacy Legislation or laws.
c) it is solely responsible for all acts or omissions that occur under the Customer Account, and the content of any SMS Messages transmitted through the Service. The Customer acknowledge and agrees that any SMS Messages sent using the Customer’s Account are deemed to have been sent and/or authorised by the Customer.

8. CUSTOMER DATA
8.1 In transmitting the Customer’s or End Customers’ SMS Messages from the Gateway to the mobile GSM network, the Customer acknowledges and agrees that Intelli Messaging has no obligation to monitor any SMS Message or the content of any SMS Message. Nonetheless, Intelli Messaging may either review or disclose the content of such SMS Messages transmitted as reasonably necessary to:
a) comply with applicable laws and legal process;
b) enforce the terms and conditions of this Agreement;
c) diagnose or maintain the quality of the Service;
d) respond to claims that the content of the SMS Message violates the rights of third parties; or
e) protect the rights, property or personal safety of Intelli Messaging, its users, or the public.

8.2 Intelli Messaging will use reasonable endeavours to protect the privacy and security of the Service. The Customer acknowledges that the Service is not a secure service and the Customer should not use the Service for transmission of confidential or commercially sensitive information.

8.3 This Agreement supplements and incorporates the Privacy Policy.

8.4 If the Customer is subject to the European Union General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR) and any successor legislation , the Customer can request to enter into a Data Processing Addendum (“DPA”) with Intelli Messaging and the DPA must be mutually agreed in writing and signed by the parties.

8.5 This Agreement supplements and incorporates the Privacy Policy and, to the extent the Services are provided in the United States or Canada, the Customer must comply with applicable terms of US and Canadian anti spam laws, including but not limited to the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (CAN-SPAM Act) and Canada’s anti spam legislation including Electronic Commerce Protection Regulations SOR/2012-36.

8.6 Data Breach Incidents: To the extent the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988 and/or similar requirements under the relevant Privacy Legislation applies to Intelli Messaging:

a) if Intelli Messaging becomes aware of a Data Incident, Intelli Messaging will:
(I) notify Customer of the Data Incident by telephone and email;
(II) retain system logs and other information that may be relevant to the Data Incident, or to assessing the cause or impact of the Data Incident;
(III) provide all information Intelli Messaging deems relevant to the Data Incident reasonably requested by Customer for the purpose of investigating the Data Incident; and
(IV) immediately take all action reasonably necessary to:

mitigate the impact of the Data Incident (including to restore or recover any lost data); and
prevent any repeat of the Data Incident in the future.

b) If Intelli Messaging suspects that a Data Incident has occurred, it will, immediately notify the customer and then within 30 days, prepare an assessment to determine whether there are reasonable grounds to believe that a Data Incident has occurred.

c) Where Customer suspects that a Data Incident has occurred, Intelli Messaging will, within 30 days of receiving notice from Customer of its suspicion, prepare an assessment to determine whether there are reasonable grounds to believe that a Data Incident has occurred, the costs of such assessment must be paid by Customer if no Data Breach has occurred.

d) If Intelli Messaging believes a Data Incident has occurred it will provide notice to the Customer. The parties will work together to determine if the Data Breach constitutes an Eligible Data Breach.

e) To the extent that any Data Incident notified by the Intelli Messaging to the Customer under this clause 8.6 constitutes an Eligible Data Breach in Intelli Messaging’s opinion, The Customer shall be solely responsible for notifying the affected individuals and the Australian Information Commissioner in accordance with the requirements of the Notifiable Data Breach scheme as set out in the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth). However, this clause and this Agreement does not prevent or restrict Intelli Messaging from taking steps with the intent to comply with any applicable obligations it may have under the relevant law.

f) The Customer is liable for and agrees to indemnify Intelli Messaging for any third party charges or fines directly or indirectly incurred by the Intelli Messaging arising from a failure on the part of the Customer to comply with the requirements of the Notifiable Data Breach scheme.

8.7 This clause 8 is subject to the Privacy Policy and the DPA.

8.8 The Customer agrees that in obtaining the Services it must comply with all applicable policies of Intelli Messaging, including the Acceptable Use Policy, as published on Intelli Messaging’ website or as notified to the Customer or otherwise made available to the Customer by Intelli Messaging directly.

9. TRANSACTION CREDITS, FEES AND PAYMENT

9.1 Transaction Credits
a) Transaction Credits are pre-purchased by the Customer on the Web Application. Transaction Credits are added to the Customer’s Account within one Business Day of payment. The Customer may distribute their credits to their End Customer Accounts via the Web Application.
b) All Transaction Credits are saved in the applicable Customer Account or End Customer Account and automatically debited upon sending SMS Messages.
c) Customer Accounts or End Customer Accounts (as the case maybe) with a Transaction Credit balance of zero or less are blocked from sending SMS messages. The Customer may only distribute Transaction Credits up to the balance of Transaction Credits in their Customer Account. The process of assigning credits from the Customer Account to the End Customer Account reduces the Transaction Credits in the Customer’s Account and adds to the End Customer’s Account Transaction Credit balance.
d) Transaction Credits are not refundable, whether or not used.

9.2 Currency of Fees
All Fees are in currency selected by the Customer as part of your registration for an account and will be presented to you at the time of purchase of Transaction Credits.

9.3 Payment of Fees
By purchasing Transaction Credits on the Web Application, Customer authorises Intelli Messaging to use a third party to process payments and consents to the disclosure of your payment information to such third party for the Fee specified at the time of the purchase. Unless otherwise agreed by Intelli Messaging, all payments due under this Agreement to Intelli Messaging will be made by credit card.

10. CONFIDENTIAL INFORMATION

10.1 For the purposes of this clause 10 “Information” shall mean technical, financial and commercial information and data relating to a Party’s or its affiliate’s respective businesses, finances, planning, facilities, products, techniques and processes and shall include, but is not limited to, discoveries, ideas, concepts, know-how, techniques, designs, specifications, drawings, blueprints, tracings, diagrams, models, samples, flow charts, data, computer programs, disks, diskettes, tapes, marketing plans, customer names and other technical, financial or commercial information and intellectual properties, whether in tangible or in intangible form.

10.2 Each Party (“Receiving Party”) shall not disclose to third parties nor use for any purpose other than for the proper fulfilment of the purpose of this Agreement any Information received from the other Party (“Disclosing Party”) in whatever form under or in connection with this Agreement without the prior written permission of the Disclosing Party.

10.3 The above-mentioned limitations shall not apply to Information which:
a) was in the possession of the Receiving Party prior to disclosure hereunder as proven by the written records of the Receiving Party; or
b) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or
c) was disclosed by a third party without breach of any obligation of confidentiality owed to the Disclosing Party; or
d) was independently developed by personnel of the Receiving Party.

10.4 Each Party shall limit the access to the Information to those of its personnel for whom such access is necessary for the proper performance of this Agreement and obtain written undertakings of confidentiality from them.

10.5 Without prejudice to the generality of the aforesaid, each Party agrees to protect the confidentiality of the Information at least with the same degree of care as it exercises in respect of its own confidential information and business secrets.

10.6 The obligations set forth in this Clause 10 survive termination of this Agreement.

10.7 This clause 10 does not prevent:
a) the Receiving Party from disclosing Information of the Disclosing Party if required pursuant to applicable law, regulation, subpoena or court order, provided the Receiving Party, to the extent permitted by law, gives prompt notice to the Disclosing party of such disclosure request and use reasonable efforts to minimise such disclosure; or
b) Intelli Messaging from disclosing the existence of this Agreement to third parties for the purposes of marketing to customers and potential customers.

11. WARRANTIES
11.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer the Customer with rights, warranties, guarantees and remedies relating to the provision of the Services by Intelli Messaging to the Customer which cannot be excluded, restricted or modified (“Consumer Law Rights”).

11.2 If the ACL applies to the Customer as a consumer, nothing in this Agreement excludes the Customer’s Consumer Law Rights as a consumer under the ACL. The Customer agrees that Intelli Messaging’s liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and this Agreement.

11.3 Subject to the Customer’s Consumer Law Rights, Intelli Messaging excludes all express and implied warranties, and all material, work and services (including the Services) are provided to the Customer without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

12. LIMITATION OF LIABILITY
12.1 Under no circumstances will Intelli Messaging be liable to the Customer for any direct, indirect, incidental, lost profits or consequential damages (including but not limited to damages for loss of goodwill, anticipated savings, or use, lost content or data, or other intangible losses) whether under contract, tort, equity, statute or otherwise however occasioned (including due to negligence) arising out of or otherwise in connection with this Agreement.

12.2 Despite anything to the contrary and to the maximum extent permitted by law, Intelli Messaging’s aggregate liability arising from or in connection with this Agreement will be limited to Intelli Messaging resupplying the Services to the Customer or, in any event not exceed the amount of the Fees paid by the Customer in the 12 months preceding the act, omission or event to which the liability relates.

12.3 The liability of Intelli Messaging under this Agreement shall be reduced proportionately to the extent of the Customer’s act or omission or any failure by it to comply with its obligations under this Agreement causes or contributes to the loss or damage suffered.

12.4 The Customer agrees to indemnify and hold harmless Intelli Messaging, its subsidiaries, affiliates, officers, agents and employees from and against any action, claim, loss, damage, cost, expense (including reasonable legal fees on an indemnity basis) or other liability arising out of or otherwise in connection with:

a) the provision of the Services to an End Customer and/or use of the Services in breach of this Agreement;
b) the Customer’s breach of the Spam Act 2003 (Cth) or similar international legislation;
c) the Customer’s breach of the Privacy Legislation and other applicable laws;
d) the Customer’s breach of clause 7 (Customer Responsibilities), including any Inappropriate Content;
e) the Customer’s breach of clause 10 (Confidential Information); and
f) the Customer’s breach of clause 13 (Proprietary Rights).

13. PROPRIETARY RIGHTS
13.1 The Customer acknowledges and agrees that:

a) Intelli Messaging or its licensors owns all rights, including intellectual property rights, title and interest in and to the technology used to provide the Service, including the Interface Specifications; and

b) Intelli Messaging or its licensors owns and reserves all rights, including intellectual property rights, title and interest in and to the New Materials; and

c) as between the parties, such intellectual property rights will at all times vest, or remain vested, in Intelli Messaging or its licensors. Nothing in this Agreement constitutes a transfer or assignment of such intellectual property rights. To the extent that ownership of such intellectual property rights does not automatically vest in Intelli Messaging, the Customer agrees to do all acts necessary or desirable to assure Intelli Messaging or its licensors title to such rights.

13.2 Intelli Messaging grants the Customer a non-exclusive, non-transferable, revocable licence to use the Interface Specification on the terms and conditions set out in this Agreement. The Customer may use the Interface Specification for the sole purpose of interfacing with and using the Service.

13.3 In relation to the Customer Information:

a) as between the parties, the Customer or its licensors owns all rights, title and interest in and to the Customer information and Data subject to Intelli Messaging’s right to handle, use, store, transmit and otherwise process Customer Information and Data in accordance with this Agreement;

b) Customer grants Intelli Messaging and its group related entities the right to handle, use, store, transmit and otherwise process Customer Information and Data as necessary to provide the Services in a manner consistent with this Agreement; and

c) the Customer represents and warrants that:

(I) it has obtained all necessary rights, releases and permissions to provide or have Customer Information provided to Intelli Messaging and to grant the rights granted to Intelli Messaging in this Agreement; and

(II) the Customer Information (and its transfer to and/or use, collection, storage or disclosure by Intelli Messaging as contemplated by this Agreement) does not and will not violate any laws (including those relating to export control and electronic communications) or the rights of any third party, including any intellectual property rights, rights of privacy, or rights of publicity.

14. ASSIGNMENT

The Customer will not assign, sub-licence or otherwise transfer its rights or obligations under this Agreement or any right granted under it without the prior written consent of Intelli Messaging.

15. WAIVER

No failure to exercise and no delay in exercising any right, power or remedy under this agreement will operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other or further exorcise of that or any other right, power or remedy.

16. AMENDMENT

Intelli Messaging may update this Agreement from time to time. Intelli Messaging will provide you with written notice of any material updates at least thirty (30) days prior to the date the updated version of this Agreement is effective, unless such material updates result from changes in laws, regulations or requirements from telecommunication providers. Following such notice, your continued use of the Services on or after the date the updated version of this Agreement is effective and binding constitutes your acceptance of the updated version of this Agreement. The update version of this Agreement supersedes all prior versions. If you do not agree to the updated version of this agreement, you must stop using the Services immediately.

17. TERMINATION

17.1 Either party may terminate this Agreement immediately by giving notice in writing of termination if the defaulting Party breaches any provision of this Agreement and does not remedy the breach(es) within 30 days’ of receiving the non-breaching party’s written request to do so.

17.2 Either party may terminate this Agreement for convenience by providing the other party with not less than 30 days’ notice in writing.

17.3 In the event that the Customer terminates this Agreement pursuant to clause 17.2, Intelli Messaging is entitled to any unamortised set-up costs incurred by Intelli Messaging in providing the Services to the Customer under this Agreement (if any).

17.4 Without limiting Customer’s rights under the Australian Consumer Law, any Transaction Credits available at the time of termination are not refundable and are not transferrable.

17.5 Upon expiration or termination of this Agreement:

a) Customer will:

(I) cease use of the Services to the extent permitted under the Agreement and must cease using any other Intelli Messaging materials or resources provided under this Agreement and destroy any and all copies of such Services, materials or resources;

(II) immediately pay Intelli Messaging any outstanding unpaid amounts; and

b) each party will return or destroy (at the other party’s option) any Information of the other party in its possession or control, provided that each party may maintain reasonable copies to the extent required by applicable law or for archiving purposes in accordance with its record retention policies.

18. FORCE MAJEURE

18.1 Except in relation to the Customer’s obligation to pay the Fees, neither party shall be in default by reason of any failure in performance of this Agreement in accordance with its terms, if such failure arises out of causes beyond the control and without the fault or negligence of such party.

18.2 Such causes may include, but are not restricted to, acts of God or of a public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, power or telecommunications failures and freight embargoes but in every case the failure to perform must be beyond the control and without fault or negligence by the party failing to perform.

18.3 The party seeking to rely on this clause 18, must promptly notify the other party upon becoming aware of such an event and must take all reasonable steps to minimise the adverse effects of the force majeure event by which it is affected and which is the subject of a notification under this clause 18.3.

19. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the parties as to the subject matter of it and supersedes all previous agreements, communications and representations in respect of it.

20. CARRIER TERMS AND CONDITIONS
20.1 Solely to the extent that such terms and conditions are not expressly inconsistent with this Agreement, the terms and conditions of any carrier for any service used in transmitting any messages sent by Customer using Intelli Messaging are hereby incorporated in full as if same were set out in full in this Agreement.

20.2 Using a Service may depend on the Customer having goods or services supplied by third parties. For instance, in order to use an email-to-SMS Service, you must have an internet connection. The Customer is solely responsible for the costs of all third party goods and services it acquires.

20.3 The Customer warrants that it is not a “Carrier” or a “Carriage Service Provider”.

21. NO AGENCY OR PARTNERSHIP

21.1 The parties are independent contractors. This Agreement does not constitute any party the agent of another or imply that the parties intend constituting a partnership joint venture or other form of association in which any party may be liable for the acts or omissions of another. No party has authority to pledge the credit of another.

21.2 The parties acknowledge and agree that, unless any of their personnel are expressly authorised in writing by the other party, the other party’s personnel do not have any authority to enter into or make any binding contract, arrangement or understanding between them or any other person whether in relation to the supply or sale of, nature, function, performance or availability of Services or any other matter whatsoever.

22. SEVERANCE

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. Such occurrence will not invalidate the remaining provisions of this agreement nor affect the validity or enforceability of that provision in any other jurisdiction.

23. NO MERGER

The rights and obligations of the parties which are capable of having effect after the expiration of this Agreement will remain in full force and effect following expiration of this Agreement.

24. DISPUTE RESOLUTION

24.1 Both parties will attempt in good faith to resolve any disputes that arise out of or relate to this Agreement promptly by negotiations between senior executives of the parties who have authority to settle this dispute.
24.2 If the dispute cannot be settled between the parties, the parties may seek to settle the dispute by mediation administered by the Australian Commercial Disputes Centre before having recourse to litigation.
24.3 Except where clearly prevented by the area in dispute, both parties agree to continue performing their respective obligations under this Agreement (including the payment of all fees) while the dispute is being solved unless and until such obligations are terminated or expire in accordance with the provisions of this Agreement.
24.4 Nothing in this Agreement prevents either party at any time seeking injunctive or other equitable relief in order to protect its rights.

25. FURTHER ASSURANCES
Each party shall take all steps, execute all documents and do everything reasonably required by any other party to give effect to any of the transactions contemplated by this Agreement.

26. TAXES

The Customer shall be liable to meet any applicable goods and services tax, consumption tax or value added tax whether currently in force or introduced or increased after the date of this Agreement (and including any costs arising from the retrospective application of any such tax) and any other taxes, duties, fees and charges arising out of the performance of this Agreement. The Customer shall not be entitled to deduct the amount of any such taxes, duties, fees and charges from payments due to Intelli Messaging under this Agreement.

27. GOVERNING LAW
This Agreement is governed by the laws of New South Wales, Australia. The parties hereby irrevocably submit to the exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales, Australia.

28. GENERAL

28.1 The Customer agrees to notify Intelli Messaging should the Customer have concerns relating to Intelli Messaging’s performance of the Services and the parties will comply with the dispute resolution mechanism set out in clause 24 (Dispute Resolution).

28.2 In this Agreement, unless the context otherwise requires:

a) words like including and for example are not words of limitation;
b) a reference to this Agreement or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;
c) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;
d) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;
e) no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
f) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;
g) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally; and
h) a reference to $ or dollars refers to the currency of Australia from time to time.

28.3 In the event of any conflict or inconsistency among the following document, the order of precedence will be:
a) DPA;
b) the terms set forth in the body of this Agreement;
c) Acceptable Use Policy; and
d) any other terms incorporated by reference herein or any other schedule, exhibits or documents attached or referred to in this Agreement.

Acceptable Use Policy

Last updated: 21 February 2023

At FUJIFILM Secure Messaging Services Pty Ltd t/a Intelli Messaging (FUJIFILM SMS, our, us or we) one of our goals is to help your business grow by getting the most out of our services. To do this, we need to keep our products and services running smoothly. For this to happen we need you to not misuse or abuse our products and services.

This Acceptable Use Policy (AUP) describes the rules that apply to any party (you, your, Customer) using any product, service or websites (Services), whether we provide it directly or use another party to provide it to you. This AUP supplements, and is incorporated into, FUJIFILM SMS’ End User Agreement or such other agreement governing the use of the Services between you and us (Agreement).

The prohibited conduct in this AUP is not exhaustive.

All capitalised terms not defined in this AUP have the meaning set out in the Agreement.

1. Lawful Use
You must only use our Services for lawful purposes. You must not use our Services to engage in or encourage, promote, facilitate or instruct other to engage in any activity that is illegal or otherwise breaches any applicable law or cause us to do so. This includes:

using the Services in violation of any data, privacy, consumer protection and export controls laws; and
sending any content that contains or transmits any virus, worms, malware, spyware, adware or such other malicious file or program.

2. Service Integrity
You must not, whether intentionally or unintentionally, compromise the integrity of the Services or otherwise take action that damages or is likely to damage our business, brand or reputation. This includes:

reverse engineering, copying, dissembling or decompiling the Services;
interfering with or adversely impacting any aspect of the Services or any third-party networks that are linked to the Services, including attempts to disrupt, disable or overload the Service;
scanning or testing the vulnerability of any systems or networks that hosts our Services;
tampering with, hacking, circumventing any security or authentication measures, or attempting to gain unauthorised access to the Services, systems, networks or data; and
spoofing or denial of service attack on the Service.

3. Inappropriate Content
You are solely responsible for any Customer Information and Data made available by you through the Services. We are not liable for your Customer Information and Data.

Without limiting your obligations under the Agreement, you must not use the Services to transmit, store, display, distribute or otherwise make available content that would result in an infringement of any third party rights, including their intellectual property or proprietary rights, is defamatory, discriminatory, threatening, libellous, harassing, harmful, abusive, hateful, deceptive, misleading, fraudulent, obscene, harmful to minors or otherwise objectionable, including content that constitutes misinformation, child sexual abuse material, spam or unsolicited communications.

4. Restricted industries

Certain laws prohibit us from providing our Services to particular industries. To protect our customers and in compliance with these laws applicable to our business, we reserve the right to discontinue your use of our Services if you are in one of these industries. Some industries include:

Adult services, including escort and dating services
Alcoholic beverages
Casinos
Cryptocurrency
Gambling product or services
Financial services
Firearms
Multilevel marketing
Pharmaceuticals
Politics / political propaganda
Tobacco

5. Responsibility for end user

You are responsible for any violations of this AUP by anyone using the Services with your permission or using your account on an unauthorised basis. If you are a Customer, you are responsible for your End Customers’ compliance with this AUP.

6. Monitoring and Enforcement

You agree to immediate report any violation of this AUP to FUJIFILM SMS and provide cooperation, as requested by us, to investigate and/or remedy that violation.

We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate. Without affecting any other remedies available to us, FUJIFILM SMS may permanently or temporarily terminate or suspend your account or access to the Services without notice or liability if we (in our sole discretion) determine that you have violated this AUP.

We also reserve the right to remove Customer Information that is inconsistent with the principles of this AUP.

7. Updates

We may update this AUP from time to time upon reasonable notice, which may be provided via your account, email or by posting an updated version at https://www.intellisms.com.au/legal/. The updated version of the AUP will supersede all prior versions and will be effective upon the date indicated at the top of this AUP.

Privacy Policy

Last updated: 1st September 2023 | Archive Versions

1 Purpose and Scope
2 What is your Personal Information?
3 What personal information do we collect and hold?
4 How do we collect personal information?
5 Purposes for which we collect, hold, use and disclose your personal information
6 Cookies and Tracking Technologies
7 What happens if we can’t collect your personal information?
8 Direct Marketing
9 Accessing and correcting personal information
10 Disclosure of Personal Information outside Australia
11 Security
12 Credit Reporting Privacy Policy
13 Links
14 Complaints
15 Contact Us
16 Updates

1. Purpose and Scope
FUJIFILM Secure Messaging Services trading as Intelli Messaging (Fujifilm SMS, we, our, us) offers products and services related to short messaging (SMS) communications.

We understand the importance of protecting the privacy of individuals and the rights of individuals in relation to their personal information. We also understand the importance of protecting personal information that we handle for our clients and their customers, as well as prospective customers, potential and existing employees and contractors with whom Fujifilm SMS interacts.

This document sets out our policies for managing your personal information and is referred to as our Privacy Policy. This document also incorporates our Credit Reporting Privacy Policy which lets you know how we use any credit-related information that we may collect. In this Privacy Policy, "you" or “your” refers to any individual about whom we collect personal information.

We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) as amended from time to time. We are committed to complying with the requirements of the Privacy Act and the Australian Privacy Principles (APPs) contained in the Privacy Act in all activities of Fujifilm SMS involving the collection, management, use, storage, disclosure and handling of personal information.

This Privacy Policy applies to all personal information collected by us, whether online or offline, including personal information collected or submitted through our websites, including https://intellisms.com.au/, through our Web Application (WebApp), as well as through emails and other correspondence with you.

If you purchase your service from one of our resellers, or if you access our services through an account held by another party who is a direct customer of Fujifilm SMS (for example your employer's account with us), our resellers and customers have their own privacy policies regarding the collection, use, handling, disclosure and processing of personal information of their end customer or users. We encourage you to read their privacy policies if you want to learn more how your personal data is handled by them.

In signing up to use and access our WebApp, you have been asked to indicate your agreement to the terms of our Privacy Policy. We may update our Privacy Policy from time to time and if at any stage you no longer agree with our practices explained in this Privacy Policy, you may cancel your service and cease using our products and services as set out in your agreement with us.

2. What is your Personal Information?
When used in this Privacy Policy, the term “personal information” and “sensitive information” have the meaning given to them in the Privacy Act.

In general terms, personal information is any information that can be used to personally identify you. This may include your name, address, telephone number, email address, credit card details, account number and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

Sensitive information includes health, genetic and biometric information and any personal information about an individual’s race or ethnicity, political opinions or association, philosophical or religious beliefs or association, trade association or union membership, sexual orientation/practices or criminal record.

3. What personal information do we collect and hold?

The kinds of personal information that we collect and hold about you will depend on the circumstances in which it is being collected, including whether we collect the information from you as a customer or prospective customer, contractor, supplier, employee or prospective employee or in some other capacity.

The personal information we may collect and hold includes your name, age or birth date, employer, current and previous addresses, phone numbers, facsimile numbers, email addresses, profession, preferences for using our website, occupation, job title, payment information (such as payment card details which are processed via third party secure payment processing services), bank account information, insurance details, customer service issues or details of your credit worthiness and credit history.

Some of our main relationships and how we deal with data in these relationships are described below.

Customers and prospective customers

If you are a customer of ours, we also collect:

details of the products or services you have purchased from us or which you have enquired about together with any additional information necessary to provide those products and services or to respond to your enquiries;
information about how you use our products and services (including the volume, time and duration of SMS messages you send or receive and information about the services and applications you use);
information you provide when you use our products or services, such as your name, email address, company name and password when you register for our WebApp;
any additional information relating to you that you provide us directly through our websites or indirectly through use of our websites or online presence, through our representative or otherwise;
information you provide us through customer surveys or visits by our representatives from time to time; and
any additional information that is provided by our customers about their customers or end users who use or interact with services that may integrate with our products and services. This information includes information we use to route messages and metadata about messages and it also includes the contents of communications that identify senders and may identify recipients.

Third party providers and business partners

When we do business with you, for example as you work for one of our third party providers, suppliers or other business partners, we maintain records which may include your personal information such as:

personal details such as your name, title, email address, postal address and other business contact details (such as your LinkedIn profile);
information about your employer or an organisation who you represent;
your professional details (such as your job title);
any additional personal information you provide to us, or authorise us to collect, as part of your interaction with Fujifilm SMS; and
other contact details regarding our interactions and transactions with you and the organisation you represent.

Prospective employees

We collect personal information when recruiting personnel, such as your name, title, date of birth, gender, contact details, qualifications and work history (including references and other information included in a CV or cover letter as part of the application process).

Before offering you a position, we may collect other information necessary, to conduct background checks to determine your suitability for certain positions.

If we do collect and/or hold sensitive information, we will only do so if you have given your consent and it is reasonably necessary for such purposes.

4. How do we collect personal information?

We collect information about you when you provide it to us, when you use our products or services and when other parties provide it to us (with your consent), as further described below.

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:

from your access and use of our websites or websites hosted by us and/or the WebApp, including when you sign up for an account with us and through web forms where you type in information;
during conversations or other communications between you and our representatives;
through your use of telephone, mobile and electronic communication with us or our customers;
if you visit our premises, through surveillance cameras and/or fingerprint scanners located at our sites; or
when you or your organisation submit a document or data containing personal information (for example, emails, contact forms, order forms, application forms, credit applications, assets and liabilities statements, proof of identification, direct debit requests, agreements, statements of work, surveys, promotional forms, competition forms etc).

We collect information automatically when you use the Service, including browsing our website or taking certain actions within the WebApp. For more information about the types of data we collect in these circumstances and how we do so please see the section titled “Cookies and Tracking Technologies” below.

We may also collect personal information from third parties including:

from publicly available sources, such as LinkedIn and other professional websites;
from our customers; or
from our related entities and third party companies such as our resellers and aggregators (who may be required to provide us information about you for conducting identity checks) and credit reporting bodies, law enforcement agencies and other government entities.

Some of the personal information we hold or deal with is not collected by us. As we are a communications service provider and provide SMS related services to our clients, some of the data and personal information provided to us by our reseller partners and aggregator partners has not been directly collected by us from the individual concerned. It is impracticable for us to collect information directly from you when we are acting as the “agent” or service provider of our client as our client has already collected the relevant information from you (or another third party).

In respect of personal information which is provided to us by our clients, we do seek client assurances that all such personal information has been collected lawfully and in compliance with the Act and any other applicable privacy and data protection laws. We will not be responsible for, and accept no liability in respect of, any failure by a client to do so.

5. Purposes for which we collect, hold, use and disclose your personal information

We collect personal information about you so that we can perform our business activities and functions and to provide the best possible quality of customer service.

The purposes for which we collect, hold, use and disclose your personal information depends on the nature of your interaction us with, and may be for the following purposes:

to provide products and services to you and/or your organisation and to send communications requested by you or your organisation;
to answer enquiries and provide information or advice and marketing material about existing and new products or services;
to conduct our business of communication services and related functions including providing personal information to our related bodies corporate, clients, contractors, service providers or other third parties;
to detect, prevent, or investigate security incidents, fraud or abuse or misuse of our websites, platform and services;
for the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes of Fujifilm SMS, its related bodies corporate, contractors or service providers;
consider job applicants for current and future employment (including for contractors);
to obtain products or services from you;
to update our records and keep your contact details up to date;
to assess the provision of, and provide credit to you;
to process and respond to any complaint made by you or by others; and
to comply with any law, rule, regulation, industry code, industry standard, binding declaration or determination, decision or direction of a regulator, or in co-operation with appropriate law enforcement agencies in Australia or relevant government authority of another country (or political sub-division of a country).

We may also use your personal information for the other purposes related to those described above which would be reasonably expected by you. When acting on behalf of the client, we use personal information as directed by the client.

We do not disclose personal information we obtain when acting on behalf of one client, to any other client, unless directed by the first client.

Fujifilm SMS sometimes handles personal information relying on exemptions under the Privacy Act, for example in relation to: (i) employee records; (ii) related bodies corporate; (iii) provision of services to State or Territory authorities; and (iv) operations outside Australia relating to personal information of non-Australians. Any permitted handling of personal information under such exemptions will take priority over this Privacy Policy to the extent of any inconsistency.

We may disclose your personal information to:

our employees, related bodies corporate and/or their service providers, clients, contractors or service providers for the purposes of operation of our websites or our businesses, fulfilling requests by you, and to otherwise providing products and services to you and our clients including, without limitation, web hosting providers, IT systems administrators, payment processors, other communication service providers for proper routing and connectivity of messages, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants. Please be aware that some of our interconnecting partners are licensed carriers in jurisdictions outside of Australia who may be required to disclose and provide access to information and communications stored on or traversing their networks for law enforcement processes in accordance with relevant laws in that jurisdiction outside of Australia;
suppliers, clients and other third parties with whom we have commercial relationships, for business, marketing, credit reporting and related purposes;
any organisation for any authorised purpose with your express consent;
other third parties for the purposes of investigating complaints or suspicious use patterns in order protect you or another party against fraud, crime or other misconduct;
service providers to us and government or industry organisations who manage central numbering databases or marketing campaign registries as required by law, regulation or under an industry agreement or code;
law enforcement and national security agencies, and other government and regulatory authorities as required or permitted by law.

6. Cookies and Tracking Technologies

We use common information gathering tools such as cookies, web beacons, pixels and other similar tracking technologies to automatically collect information when you navigate our website, use our WebApp or services to improve and customise our websites and services, and your experience, including to present you with advertising relevant to your interests.

When you access our websites or our WebApp, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your device and to allow you to access and use the services or WebApp without re-entering your username or password. Cookies may store your user preferences to our websites or WebApp. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services.

If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users’ movements, and gather broad demographic information. We collect IP address when you make requests to our APIs or when you use our WebApp. We use this information to understand how you are using our platform, who those customers are (to ensure security and prevent misuse), what country they are logging in from (for analytics and quality purposes).

We also use web beacon to gather data about your use of our websites and how you interact with emails we have sent to you. Web beacons are clear electronic images that can recognise certain types of data on your computer, like when you view a particular website tied to the web beacon, and a description of a website tied to the web beacon. Additionally, we may put web beacons in marketing emails that notify us when you click on a link in the email that directs you to a Fujifilm SMS website. We use web beacons to operate and improve our websites and email communications to you.

7. What happens if we can’t collect your personal information?

If you do not provide us with the personal information described above, some or all of the following may happen:

We may not be able to provide the requested products or services to you, either to the same standard or at all, or we may not be able to supply services to our clients which will enable our clients to do the same; or
We may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions, or we may not be able to supply services to our clients which will enable our clients to do the same; or
We may be unable to tailor the content of our websites to your preferences, or we may not be able to supply services to our clients which will enable our clients to do the same; or
If you are a client of ours, we may not be able to provide you with the products and services you require; or
If you are a contractor to us, you may not be able to provide your products or services to us.

8. Direct Marketing

We may send you direct marketing communications and information about our products and services that we, or our clients, consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). At any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list (or where we are using a mailing list provided by our client, we will pass your request on to our client).

We do not provide your personal information to other organisations for the purposes of direct marketing. However, where we are engaged by our clients to act on their behalf in collecting, holding or processing personal information, then we will pass that personal information on to our client, to our client’s other agents or to third party suppliers as directed by the client or to fulfil our obligations to our client.

9. Accessing and correcting personal information

You may request access to any personal information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by directing you to self-service features in our WebApp).

If we hold personal information on behalf of a third party (for example, on behalf of a client that is using our communication products and services) then we may direct you to contact that third party for the purposes of accessing and correcting your information.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.

10. Disclosure of Personal Information outside Australia

We may disclose personal information to our related bodies corporate and third party suppliers and service providers located overseas for some of the purposes listed above.

We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the applicable privacy obligations relating to your personal information.

We may disclose your personal information to entities located outside of Australia, including the following:

our related bodies corporate located in Hong Kong, Taiwan, Philippines, Singapore, Japan, Thailand, Malaysia, South Korea and New Zealand and their suppliers located in Japan, Philippines, Netherland, Ireland and Australia;
our data hosting and other IT service providers or suppliers, located in New Zealand, India and the United States of America; and
other communications service providers for proper routing and connectivity of communications as requested by our client;
such other foreign countries that we or our clients disclose to you at the time of collecting your personal information.

11. Security

We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure using a combination of technical measures, security controls and interna processes. We may hold your information in either electronic or hardcopy form.

Personal information is destroyed or de-identified when no longer needed.

As our websites are linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information communicated online.

We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

12. Credit Reporting Privacy Policy

This Credit Reporting Privacy Policy describes our practices in connection with information we collect and hold about individuals when providing commercial credit, in particular:

information we collect and hold about individuals who are directors and/or officers of a company, when providing commercial credit to that company;
information we collect and hold about individuals who provide a personal guarantee to us in relation to commercial credit we provide to a company; and
information we collect and hold about individuals who are obtaining that credit for their own business purposes as sole traders or partners in a partnership.

In this Credit Reporting Privacy Policy, "credit-related personal information" means one or more of "credit information", "credit eligibility information", "credit reporting information" or "regulated information", as those terms are defined in the Privacy Act.

When you apply for or obtain or guarantee credit from us, the credit-related personal information that we collect from you includes information that identifies you, such as your name, postal address, email address and date of birth and your driver’s licence number.

We may exchange credit-related personal information about you with credit reporting bodies (CRBs) for the purposes of assessing commercial credit applications from you or companies of which you are a director, and also to assess whether to accept a guarantee from you.

We use the information we collect from and about you for account management and administrative purposes directly related to the provision or management of the commercial credit we provide to you or to companies of which you are a director.

We may also report defaults in payment terms or guarantee commitments in relation to commercial credit to CRBs. We may also disclose your credit-related personal information to any guarantor of your obligations to us.

We may also use the information we collect from and about you to:

collect overdue payments;
assign debts; and
create assessments and ratings of your credit worthiness.

We may disclose your credit-related personal information to our related bodies corporate and third party suppliers and service providers located outside Australia, for the purposes set out in this Credit Reporting Privacy Policy. Further details about such overseas disclosures are set out in section 10 of this Privacy Policy.

For information about the following topics in relation to our handling of credit-related personal information please refer to the applicable section of our Privacy Policy (of which this Credit Reporting Privacy Policy comprises a part):

Access and Correction - see section 9;
Disclosure outside Australia - see section 10; and
Security - see section 11; and
Complaints - see section 14;

13. Links

Our websites may contain links to other websites operated by third parties. The privacy and data security practices of such third parties and their sites and/or services are governed by the privacy notices of those third parties, and not this privacy policy. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website.

14. Complaints

If you have any questions about this Privacy Policy, any concerns or a complaint regarding the treatment of your personal information or a possible breach of privacy, please contact our Privacy Officer using the details set out below and provide details so that we can investigate your concern or complaint.

We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your request or complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

If you are not satisfied with our response to your request or complaint, or you consider that Fujifilm SMS may have breached the APP or the Act, a complaint may be made to the Office of the Australian Information Commissioner by using the contact details on the website www.oaic.gov.au.

15. Contact Us

Please contact our Privacy Officer at:

Privacy Officer
Fujifilm Secure Messaging Services Pty Ltd
Level 5, 26 College Street
Sydney NSW 2000
Telephone: 02 9612 8000
Email: im.privacy.ka@fujifilm.com

16. Updates

Fujifilm SMS may amend this Privacy Policy from time to time, with or without notice to you. Any updated versions of this Privacy Policy will be posted on our website and we recommend that you visit our website to keep up to date with any changes. Any personal information we hold will be governed by the most current version of the Fujifilm SMS Privacy Policy.