Last updated: 22nd March 2021
1. Definitions and interpretation
Confidential Information includes any information marked as confidential and any information received or developed by the Parties during the Term of this Agreement, which is not publicly available and relates to information, processes, equipment and techniques used by the Parties in the course of Customer’s business including all information, data, specifications, documentation, source or object code, designs, construction, workings, functions, features and performance notes, techniques, concepts not reduced to material form, agreements with third parties, schematics and proposals and intentions, technical data and marketing information such as customer lists, financial information and business plans;
Cookies are very small files that a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer
Customer is a reference to the organisation or individual we are providing our Services and who is in some cases required to pay for the Services provided;
Materials means any materials, goods, parts or items we need to buy in order to perform the Services;
Fee(s) means the fee outlined on the Order, or Fees due to the Supplier;
GST Law means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Order is defined by the Services provision by the Customer on an official order form provided by the Supplier;
Parties is a reference to both the Supplier and Customer;
Partner is a reference to any other business or individual the Supplier has a business relationship;
Premises means the place where we will provide the Services;
Personal or Corporate Information is the information we hold which is identifiable as being about you or your organisation. This includes information such as your name, email address, identification number, or any other type of information regarding an individual or organisation;
Personnel means any person(s) that the Supplier designates to perform the Services on the Supplier’s behalf;
Period means the agreed period the services are being provided, this is outlined and agreed in the Order;
Services means the services we will provided; this includes services provided both online and in-person. The precise Services we will be provided to you and will be stated in an Order form or in other electronic forms and agreed to;
Supplier is reference to ADAPT Ventures Pty. Ltd. and all related entities, including but not limited to “ADAPT Research and Advisory”;
Term refers to any individual Term within this or other Supplier policy or agreement
2. Definition of Services
2.1 Service Delivery
This Agreement includes any and all Services delivered by the Supplier, including but not limited to:
2.2.1 Events is defined as any physical in-person or digital public or invitation-only event hosted by the Supplier, along with any software platforms used for delivery;
2.2.2 Meetings is defined as any introduction, pre-arranged in-person meeting or referrals.
2.2.3 News is defined as trends, intelligence and commentary;
2.2.4 Reports is defined as monthly Australian & NZ Data, analysis and surveys or any customer reports;
2.2.5 Interviews is defined as community use case and opinions;
2.2.6 Keynotes include distillation of EDGE events to written summaries and entire EDGE event keynote recordings;
2.2.7 Research includes vendor capability analysis, top ten and deep-dive analysis, core competency reports and other similar research.
2.2.8 Resources include research slides, templates and tools;
2.2.9 Analyst Briefings is defined as standard or bespoke research, analysis and presentations delivered either in-person, over telephone, video conference or recorded;
2.2.10 Community Platforms is defined as a digital membership-based platform for peer-to-peer networking; and
2.2.11 Recordings includes recordings of any Event delivery in person or electronically
3. We respect your privacy
3.1 The Supplier respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
3.2 We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).
4. Collection of Information
4.1 The Supplier will, from time to time, request, store and share Personal or Corporate Information or Confidential Information submitted to our website, provided to us directly or given to us in other forms.
4.2 You may provide basic information such as your name, phone number, address, and email address to enable us to send information, provide updates and process your product or service Order.
4.3 We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
4.4 The Supplier collects personal information from the Customer electronically, in person, via our website and through general business activities. The Supplier also may receive personal information from third parties.
4.5 In instances where we have sourced data from third parties, agreements include to source data from public and privately available sources, company websites, legal filings, opt-in data sharing and information regarding individuals who have already voluntarily provided information about themselves publicly over the internet.
4.6 We may also collect any other information you provide while interacting with us.
5. Use of Personal and Corporate Information
5.1 The Supplier’s primary aim is to use data to create a better experience for our Customers and potential Customers where interacting with the Supplier in person, over the phone or electronically.
5.2 Where the Supplier uses collected data in the development, marketing and delivery of Products and Services, every reasonable effort is made to complete the following:
5.2.1 remove any identifying information from all data;
5.2.2 refrain from using individual data; and
5.2.3 use only summary data for the purpose of analysis, benchmarking, industry trends and other similar uses.
5.3 The Supplier will use Personal or Corporate Information only for business purposes that include but is not limited to:
5.3.1 provide you with products and services during the usual course of our business activities;
5.3.2 administer our business activities;
5.3.3 manage, research and develop our products and services;
5.3.4 delivery of specific Services as outlined in the related Terms & Conditions;
5.3.5 general marketing activities, excluding any confidential corporate information collected;
5.3.6 analyst research;
18.104.22.168 where the Supplier uses 3rd party analysts, the Supplier will make effort to remove identifying information that would link you to the survey
5.3.7 improve Customer interactions facilitated through the Supplier’s products and services;
5.3.8 provide you with information about our products and services;
5.3.9 communicate with Customers; and
5.3.10 investigate any complaints.
5.4 It is the right of the Customer right to withhold personal information.
5.5 If the Customer chooses to withhold Personal and Confidential Information, it may not be possible for us to provide the Customer with our Services.
5.6 We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
5.7 The Supplier may contact Customers, Suppliers, Partners or Contractors where the customers has given consent.
5.8 Consent is attained through the following circumstances:
5.8.1 where you have given the Supplier direct consent, via telephone, email, in writing or when prompted within an event, survey or other collection form;
5.8.2 where information was supplied directly to Supplier Personnel in person or electronically;
5.8.3 where the Supplier has stated that your consent is required as part of the Terms and conditions of a service or product offering;
5.8.4 where a direct relationship has been established, via your attendance of a Supplier hosted event; and
5.8.5 where a colleague provides your email address as a means of referral.
5.9 Where you have had a direct and documented interaction with another of the Supplier’s Customers or Partners through Services provided by the Supplier, the Supplier may share Personal or Corporate Information in relation to the Services provided.
5.10 The Supplier will not share your information with other Customers or Partners if a request for us not to is received in writing. Please submit the request via firstname.lastname@example.org.
6. Additional Disclosure of information
6.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
6.2 We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
6.3 We may share your personal information to help us operate, provide, improve, understand, customize, support, and market our Services. These third parties provide us with services including for customer support, data storage and website hosting, ticketing and payments processing, legal advice and compliance, and marketing and data analysis. These third parties are contractually required to use it only to provide their service to us, and prohibited from using it for their own purposes.
6.4 We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of the Supplier.
6.5 If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any Personal or Corporate Information and non-Personal or Corporate Information contained in those databases. This information may be disclosed to a potential purchaser under an Agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
7. General Data Protection Regulation (GDPR) for the European Union (EU)
7.1 The Supplier will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
7.2 We process your Personal or Corporate Information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.
7.3 We must establish a lawful basis for processing your Personal or Corporate Information. The legal basis for which we collect your Personal or Corporate Information depends on the data that we collect and how we use it.
7.4 We will only collect your Personal or Corporate Information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
7.5 We will also process your Personal or Corporate Information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
7.6 We process your Personal or Corporate Information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
7.7 We do not collect or process any Personal or Corporate Information from you that is considered “Sensitive Personal or Corporate Information” under the GDPR, such as Personal or Corporate Information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.
7.8 You must not provide us with your Personal or Corporate Information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the Personal or Corporate Information of children.
8. Your rights under the GDPR
8.1 If you are an individual residing in the EU, you have certain rights as to how your Personal or Corporate Information is obtained and used. The Supplier complies with your rights under the GDPR as to how your Personal or Corporate Information is used and controlled if you are an individual residing in the EU
8.2 Except as otherwise provided in the GDPR, you have the following rights:
8.2.1 to be informed how your Personal or Corporate Information is being used;
8.2.2 access your Personal or Corporate Information;
8.2.3 to correct your Personal or Corporate Information if it is inaccurate or incomplete;
8.2.4 to delete your Personal or Corporate Information (also known as “the right to be forgotten”) as long as it doesn’t conflict with legal requirements;
8.2.5 to restrict processing of your Personal or Corporate Information;
8.2.6 to retain and reuse your Personal or Corporate Information for your own purposes;
8.2.7 to object to your Personal or Corporate Information being used; and
8.2.8 to object against automated decision making and profiling.
9. Hosting and International Data Transfers
9.1 Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia.
9.2 We and our other group companies have offices and/or facilities in Australia. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from The Supplier’s Data Protection Officer.
9.3 The hosting facilities for our website are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from The Supplier’s Data Protection Officer.
9.4 Our Suppliers and Contractors are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from The Supplier’s Data Protection Officer.
9.5 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others
10. Data Protection
10.1 The Supplier will maintain suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
10.2 Should the Supplier become aware that their physical, electronic and managerial procedures be found in breach of this Policy, the Party in breach will take all steps to:
10.2.1 Notify the effected Parties of the breach in writing within 48 hours; and
10.2.2 Take steps to restore compliance within 72 hours to all affected data;
11. Questions or Complaints About Privacy
11.1 If you have any complaints about our privacy practices, please feel free to send in details of your complaints to email@example.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
13.1 When you come to our website (www.adapt.com.au), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
13.2.1 Most web browsers automatically accept cookies, but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website.
13.2.3 For information regarding data collected by website cookies, please see the Supplier’s Cookies Policy.
13.3 Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only.
13.3.1 Links to third party websites do not constitute sponsorship or endorsement or approval of these websites.
13.3.2 The Supplier is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each website that collects personal identifiable information
13.4 The Supplier will take reasonable steps to protect your Personal or Corporate Information from misuse and loss and from unauthorised access, modification or disclosure.
14. Mobile Applications
14.1 When you use our applications, we may collect certain information such as mobile unique device ID, the IP address of your mobile device, mobile operating system, the type of mobile internet browsers you use, and information about the way you use the Application. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
14.3 Our mobile application may from time to time have links to other applications or websites not owned or controlled by us.
14.3.1 These links are meant for your convenience only. Links to third-party applications and websites do not constitute sponsorship or endorsement or approval of these third parties.
14.3.2 Please be aware that the Supplier is not responsible for the privacy practices of other such applications or websites.
14.3.3 We encourage our users to be aware, when they leave our application or website, to read the privacy statements of each application or website that collects personal identifiable information.
15. Access to your Personal or Corporate Information
15.1 Should you wish to access, update, or correct any Personal or Corporate Information held by the Supplier, please notify the Supplier in writing to fulfil your request.
15.2 In rare cases, the Supplier may charge an administrative fee for providing a copy of your Personal or Corporate Information.
15.3 In order to protect your Personal or Corporate Information, the Supplier may require identification before releasing the requested information.
16.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
17. Contact Details
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