Privacy and Data Protection Policy

1. AGREEMENT

Practivo Pty Ltd (ABN 30 636 407 639) (“Appointiv”, “we”, “us”, “our”) provides its website at https://appointiv.com and/or any other domain names owned by Appointiv (“Website”) to you (“you, “your”, “User”) subject to this Privacy Policy and Terms and Conditions (“Agreement”). By your continued use of the Website, you are deemed to agree to and accept the terms of this Agreement. If you do not agree to the terms of this Agreement you should not continue to use this site.

2. PRIVACY POLICY

Appointiv is committed to protecting your privacy. We comply with the Privacy and Personal Information Protection Act 1998 (NSW) (including the Information Privacy Principles (IPPs)) (PPIPA), the General Data Protection Regulation (GDPR), and all other relevant Australian, American, and European legislation.

Consent:

When you use our Website and submit private information to us, you will be asked to explicitly consent to the collection and processing of your personal data. Consent is obtained through a checkbox that refers to this privacy policy. By checking the box, you provide your affirmative and unambiguous consent for the processing of your personal data.

Data Controller and Processor:

Appointiv acts as both a data controller and processor. As a data controller, we determine the purposes and means of processing your personal data. As a data processor, we may also process personal data on behalf of other data controllers in accordance with their instructions and in compliance with the law.

Rights of Data Subjects:

As a data subject, you have certain rights under GDPR. You have the right to access your personal data, rectify inaccurate data, and erase your data when certain conditions apply. To exercise these rights, please contact us at support@appointiv.com. Please note that restrictions may apply depending on the specific circumstances, and some rights, such as data portability and the right to object to processing, may not be available.

Data Protection Officer:

Appointiv has a designated Data Protection Officer (DPO) to monitor compliance with our data protection obligations. If you have any questions about this policy or our data practices, please contact our DPO via support@appointiv.com.

Data Breaches:

In the event of a data breach that risks the rights and freedoms of individuals, Appointiv is committed to notifying the relevant supervisory authority without undue delay and, when possible, within 72 hours after becoming aware of it, in accordance with the General Data Protection Regulation (GDPR). If the data breach is likely to result in a high risk to your rights and freedoms, Appointiv will also inform you of the data breach without undue delay.

Transfers of Data:

Appointiv may transfer your personal data outside of the EU, including through transit in the United States. Rest assured that any personal data in transit is fully encrypted and is not stored in the US. App-specific private data is exclusively stored in our clients' Salesforce organizations. Data captured via our website and marketing is considered separately and is stored in our Salesforce instance, which is based in North America. Appointiv ensures all data transfers are conducted in accordance with GDPR and all other relevant legislation to ensure your data is protected.

Retention of Data:

Appointiv retains personal data used for our own marketing and customer usage indefinitely in our Salesforce instance. Please note that the Appointiv application does not store any personal data. Instead, the personal data associated with the use of Appointiv is stored by our customers in their respective Salesforce instances in accordance with their individual data-handling policies.

Data Collection from Children:

Appointiv does not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 16, please contact us at support@appointiv.com.

Use of Essential Third-Party Services:

In our commitment to ensuring a secure and spam-free experience for our users, Appointiv incorporates essential third-party technologies that cannot be opted out of, due to their critical role in our service provision. On our online booking form, for example, we utilize the Google reCAPTCHA service, a security measure designed to prevent spam and abuse by distinguishing between human users and automated systems. Google reCAPTCHA analyzes hardware and software information, such as device and application data, which it collects and processes for the enhancement and maintenance of the reCAPTCHA service, as well as to bolster overall security. This data collection serves no purpose in personalized advertising and is handled in accordance with Google's Privacy Policy and Terms of Service. Engaging with our services, including reCAPTCHA, signifies your acknowledgment and agreement to these terms as governed by Google's policies.

3. USE OF THE WEBSITE

This Website is for your personal, non-commercial use only. You are strictly prohibited from the following:

a) downloading, copying, altering, modifying, distributing, adapting, modifying, and/or re-transmitting any or all of the content on the Website without our written consent;
b) using the Website or content therein for any commercial use.

4. INTELLECTUAL PROPERTY

We either own or have a valid licence to use all intellectual property included on this Website, including, but not limited to registered and unregistered trademarks, graphics, logos, text, images, audio, video clips, software, data compilations, button icons and digital downloads.

Nothing contained herein grants you any licence or any right to use, in any way, any of the intellectual property included on the Website without our prior written consent.

5. TERMINATION

We reserve the right, in our sole discretion and without cause, to restrict or terminate your access to the Website, without prior notice to you and without incurring any liability.

6. DISCLAIMERS

Third-Party Websites:

The Website may contain links to third-party websites. We do not monitor such websites, are not responsible for the material and content included on them, and are not responsible for any potential damage arising out of or in connection with your use of such links. Any User access to third-party websites is at their own risk.

Use of the Website and Technical Issues:

Despite our best efforts, we make no warranties that our website is free from infection by computer viruses or other contamination.

Under no circumstances shall we be liable for any loss or damage, including personal injury or death, resulting from use of our Website or from the conduct of any other Users on the Website. The Website is provided “as is” and “as available” and we expressly disclaim any warranty of fitness for any particular purpose or non-infringement.

Territory:

Our Website is controlled, hosted and offered from its facilities in Australia. We make no representations as to the availability or appropriateness of the Website for use from other territories. Any access from other territories is at the User’s own risk and the User is responsible for compliance with any local laws.

7. LIMITATION OF LIABILITY

EXCEPT FOR ANY LIABILITY THAT BY LAW CANNOT BE EXCLUDED, UNDER NO CIRCUMSTANCES WILL APPOINTIV, ITS DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE, COST (INCLUDING, BUT NOT LIMITED TO LEGAL COSTS) WHATSOEVER RESULTING FROM ANY USE OR ACCESS OR INABILITY TO USE OR ACCESS THE WEBSITE.

YOU INDEMNIFY AND AGREE TO KEEP HARMLESS APPOINTIV AND ITS DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS IN RESPECT OF ANY CLAIM, PROCEEDINGS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO LEGAL EXPENSES) ARISING OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR ANY NEGLIGENT ACT OR OMISSION IN PERFORMING YOUR OBLIGATIONS UNDER THIS AGREEMENT OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY.

8. MISCELLANEOUS

This Agreement is governed by the laws of New South Wales, Australia and the parties agree to submit to the jurisdiction of the courts of New South Wales.
If any part of this Agreement is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Agreement shall remain in force.
Our failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
This Agreement may not be assigned or transferred by you without our prior written consent.
This Agreement constitutes the entire agreement between you and us concerning your use of the Website and supersedes all previous agreements.
We reserve the right to modify this Agreement at any time, effective upon posting of an updated version on the Website. Continued use of the Website after any such changes will constitute your consent to such changes.