Privacy policy
Spacecubed Ventures PRIVACY POLICY Introduction This policy outlines in general terms how Startup Elevation AS trading as Spacecubed, Riff, Flux, Spacecubed (“us”, “we” or “our”) collects, stores, uses and discloses your personal information. By using our website and / or purchasing our goods and / or services you accept this policy.We may amend this policy as our business requirements or the law changes. Any changes to this policy will be updated on our website.
- Personal Information We Collect The types of personal information that we collect about you will depend on our relationship with you, the circumstances of collection and the type of goods and / or services you request from us. The personal information may include:
- a) your name, gender, date of birth;
- b) your contact details including, but not limited to, your email address, postal / delivery address and telephone / mobile number;
- c) payment details (such as credit / debit card number and expiry date) provided in connection with the purchase of our goods and / or services; and
- d) information relating to your use of our website.
- How We Collect Personal Information 2.1. We may collect personal information about you when you purchase our goods and / or services, register to receive our newsletters or other communications, enter into one of our competitions, visit our website or otherwise interact with us. 2.2. We also use a range of social media channels such as Bisner, Facebook and Twitter (“Social Media”) to distribute news, announcements, promotions and to address community enquiries. If you submit or post comments, images, tweets, recordings or other personal content for public display on Social Media, that information may be available for anyone in the world to read, view or comment on. We encourage you to read the separate Social Media privacy policies which relates to their use. We are not responsible to you for the information handling practices of Social Media.
- How We Use Your Personal Information 3.1. We may use your personal information for the following purposes:
- a) to provide, and administer our provision of, goods and / or services, including verifying your identity; contacting you about your orders, freight and other arrangements; processing payments; training our staff; testing our systems; and managing your interaction with our suppliers;
- b) to provide and operate our competitions, promotions and events;
- c) to distribute our newsletters and other communications either ourselves or with the assistance of third party service providers;
- d) to conduct marketing activities for our goods and services, or goods and services of third parties, and to conduct market and other research to improve our supply of goods, services and our marketing activities;
- e) to maintain records and comply with our legal obligations; and
- f) for any other use that you authorise in writing. 3.2. The provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of our website and we may be unable to provide you with goods and / or services.
- Disclosure of Personal Information 4.1. We may disclose your personal information to suppliers and third parties that perform services for us in connection with our website and in connection with the sale and provision of our goods and / or services, including third parties who:
- a) provide information technology services such as data storage, website hosting, software and system development, maintenance and support, and information processing, analysis and reporting including, but not limited to, the operators of Nexudus;
- b) assist us in providing delivery of goods and / or services to you;
- c) assist us in processing credit / debit card payments;
- d) provide marketing services; and
- e) provide services in the course of investigating a complaint or a security incident. 4.2. We may also disclose your personal information:
- a) to comply with our legal obligations;
- b) to comply with judicial proceedings or a court order;
- c) to assist in locating a missing person;
- d) to establish, exercise or defend a legal or equitable claim; or
- e) for the purposes of a confidential alternative dispute resolution.
- How We Use Cookies 5.1. Cookies are small pieces of data stored on the web browser on your computer. Our website may store cookies on your web browser. 5.2. The main reasons we store cookies are to:
- a) improve your website browsing experience;
- b) gather statistics on website usage; and
- c) enable us to present customised and appropriate messages to you. 5.3. You can set up most web browsers so you are notified when a cookie is received, so you can then either accept or reject it. You can also check the cookies stored by your web browser and remove any that you do not want. 5.4. If you disable the use of cookies on your web browser or remove or reject specific cookies from our website or linked sites, then you may not be able to gain access to all the content and facilities of our website or linked sites.
- How We Hold And Keep Your Personal Information Secure 6.1. We hold your personal information in a combination of hard copy and electronic files. We may use third party information system providers who may store or have access to your personal information. 6.2. We may combine personal information we receive about you with other information we hold about you. This includes information received from third parties.
- Disclosure of Personal Information Overseas In the course of providing our goods and / or services, we may disclose your personal information to third parties located overseas who assist us. In particular, we may disclose your personal information to data processors, delivery agents and providers of information technology services. The countries in which these third parties are located include Germany, United Kingdom and the Philippines.
- Access to and Correction of Personal Information About You 8.1. If you would like to request access to, or correction of, the personal information we hold about you, please contact us using the contact details in the section of our website titled “Contact”. 8.2. We will provide you with access to the information we hold about you, including for the purpose of correcting or updating that information, unless there is an exception which applies under the Australian Privacy Principles. 8.3. Your request to provide access to this information will be dealt with within a reasonable time. 8.4. If we refuse to provide you with access to, or correct, the information, we will, to the extent required by law, notify you of our reasons for the refusal and how you may complain about the refusal.
- Opting Out of Promotion and Marketing If you do not want to receive communications about our latest goods and / or services, you can opt out by contacting us using the contact details in the section of our website titled “Contact”.
- Terms and Conditions Use of our website, goods and / or services is subject to our terms and conditions available on our website and this policy should be read in conjunction with the terms and conditions. In the event of a conflict or disagreement between this policy and the terms and conditions, the terms and conditions will prevail.
- Privacy Complaints and Further Information If you have a concern about your privacy or you have any query on how your personal information is collected or used please contact us using the contact details in the section of our website titled “Contact”. We will respond to your query or complaint within a reasonable time. If you are not satisfied with our response, you may also contact the Office of the Australian Information Commissioner.
Spacecubed Ventures TERMS AND CONDITIONS Please read these Terms and Conditions carefully.
By accessing the Website You agree to be bound by these Terms and Conditions. These Terms and Conditions also constitute the terms of the Membership Agreement between You and Spacecubed Ventures if You apply to be, and are accepted by Spacecubed Ventures as, a Spacecubed Ventures Member.
- DEFINITIONS In these Terms and Conditions, unless a contrary intention applies:
- “Acceptance” has the meaning given in clause 6.3;
- “Account” has the meaning given in clause 4.b);
- “Application” has the meaning given in clause 4.c);
- “Bank Account” has the meaning given in clause 6.5;
- “Booking” has the meaning given in clause 10.2;
- “Business Day” means a day that is not a Saturday, Sunday or public holiday in Western Australia;
- “Card” means a payment card which provides the cardholder electronic access to his or her bank account(s) at a financial institution and includes a debit card and a credit card;
- “Nexudus” means the Nexudus web-based management software, designed by Upstream-Agile GmbH, used to manage co-working spaces;
- “Community Manager” means Mr Brodie McCulloch or such other person appointed by Spacecubed Ventures from time to time;
- “Confidential Information” has the meaning given in clauses 13.1 and 13.2;
- “Coworking Space” means those parts of the Premises made available by Spacecubed Ventures for use by Spacecubed Ventures Members for Permitted Activities;
- “FLUX” means the premises occupied by Spacecubed Ventures and located at Ground Floor, Level 1, Level 6, Level 7 and Basement 191 St Georges Terrace, Perth WA 6000;
- “Good Practice Policy” means Spacecubed Ventures’ membership good practice policy, available on the Website, which applies to all Spacecubed Ventures Members;
- “GST” means any goods and services tax under the GST Act or a tax of a like or analogous nature that is imposed, assessed or levied in relation to any supply made of goods, services or any other thing under these Terms and Conditions or via the Website;
- “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended and any associated legislation and regulations;
- “Intellectual Property Rights” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered;
- “Liability” means all liabilities (whether actual, contingent or prospective), loss, damages, costs and expenses of whatever description;
- “Linked Sites” has the meaning given in clause 19;
- “Meeting Rooms” has the meaning given in clause 10.1;
- “Meeting Room Fee” has the meaning given in clause 10.3;
- “Membership Agreement” has the meaning given in clause 6.4;
- “Membership Fee” means the fee specified on the Website which is payable by You to Spacecubed Ventures for Your Spacecubed Ventures Membership for the Membership Type applicable to You;
- “Membership Renewal Notice” means a notice from Spacecubed Ventures asking You to renew Your Spacecubed Ventures Membership;
- “Office” means an office space allocated at the Premises, at Spacecubed Ventures’ discretion, for Your exclusive use.
- “Party” means Spacecubed Ventures and / or You as the context requires;
- “Permitted Activities” means activities permitted at the Premises as set out in the Good Practice Policy;
- “Personal Information” means information or an opinion about an individual as defined in section 6 of the Privacy Act 1988 (Cth) which is collected, used, disclosed, stored or handled by Spacecubed Ventures;
- “Premises” means Riff and FLUX together or such other location that Spacecubed Ventures may relocate to or occupy in the future;
- “Privacy Policy” means Spacecubed Ventures’s privacy policy available on the Website;
- “Resident Desk” means a desk space allocated at the Premises, at Spacecubed’s discretion, for Your exclusive use;
- “Riff” means the premises occupied by Spacecubed Ventures and located at ground floor and Level 4, 45 St Georges Terrace, Perth WA 6000;
- “Spacecubed Ventures” means Spacecubed Ventures Pty Ltd ABN 18 620 753 077 trading as Spacecubed Ventures, Riff, FLUX, Spacecubed;
- “Spacecubed Ventures Community” means the community run by Spacecubed Ventures comprising all Spacecubed Ventures Members, the Premises and the facilities at the Premises;
- “Spacecubed Ventures Member” means You or any other person holding a Spacecubed Ventures Membership;
- “Spacecubed Ventures Membership” means either a Standard Community Membership, a Student Community Membership, a Connect Membership, a Coworking Membership, a Resident Desk Membership, an Office Membership, a Night Owl Membership, a Virtual Office Membership or an Organisation Membership as selected by You with the benefits listed under that heading in the Schedule (which benefits are subject to change at Spacecubed Ventures’ discretion);
- “Spacecubed Ventures Property” means everything in the Premises which is owned by or otherwise controlled by Spacecubed Ventures;
- “Terms and Conditions” means these terms and conditions including any schedule or annexure and all materials referred to or linked to in these terms and conditions including, but not limited to, the Privacy Policy and the Good Practice Policy;
- “Username” has the meaning given in clause 5.1;
- “Website” means the internet site owned by Spacecubed Ventures and operating under the URL www.spacecubed.com; www.fluxperth.com, www.riffperth.com, www.pluseight.com;
- “Spacecubed Online Community Platform” means the online community known as “Yammer” and “Bisner”, or any other online community chosen by Spacecubed Ventures and communicated to You as available, for Spacecubed Ventures Members to ask questions, provide feedback, post ideas and source new collaborators;
- “You” and “Your” are a reference to you the customer (or the company or organisation you represent); and
- “Your Property” means any plant, equipment, documents, possessions or other property that You bring onto the Premises.
- CAPACITY You represent and warrant that:
- 2.1.1 You are at least 18 years of age;
- 2.1.2 You have the legal capacity to enter into legally binding contracts under applicable law; and
- 2.1.3 if the Spacecubed Ventures Member is a company, You are properly authorised to bind the company to the Membership Agreement.
- VARIATION
- 3.1. Spacecubed Ventures reserves the right to vary these Terms and Conditions by publishing them on the Website:
- 3.1.1.1 without giving You notice; and
- 3.1.1.2 without giving You any explanation or justification for such variation.
- 3.2. Your continued use of the Website and of the privileges of Your Spacecubed Ventures Membership will be deemed to be Your acceptance of any variation to these Terms and Conditions.
- BECOMING A SPACECUBED VENTURES MEMBER In order to become a Spacecubed Ventures Member, You must:
- 4.1.1. meet the eligibility requirements set out in these Terms and Conditions;
- 4.1.2. create an account with Spacecubed Ventures by following the instructions on the Website (“Account”);
- 4.1.3. complete and submit the online application form available on the Website or a membership agreement form sent to You upon request by Spacecubed Ventures (“Application”); and
- 4.1.4. have Your Application accepted by Spacecubed Ventures in accordance with clause 6.3.
- CREATING AN ACCOUNT
- 5.1. To create an Account, You must follow the instructions on the Website. Your username will be the email address You provide when creating an Account (“Username”). You can only have one Account per email address. Your Username must not be one that in Spacecubed Ventures’ opinion is inappropriate or offensive and must not infringe upon the rights of any third party. Spacecubed Ventures can require You to immediately change Your Username if it thinks it is inappropriate for use in relation to the Website.
- 5.2. If You choose to use an email address supplied to You by an employer, then You are solely responsible for ensuring that You comply with the rules, policies or protocols that apply to the use of that email address.
- 5.3. Your Account is non-transferable. You must keep Your Account details safe and must not disclose them to any third party. The Account may be used only by the individual who created it and not by anyone else (unless you first get Spacecubed Ventures’ consent). Spacecubed Ventures reserves the right to terminate Your Account if Spacecubed Ventures has reason to believe that Your Account details are being used by anyone other than You.
- 5.4. You shall be liable for all activities that are undertaken using Your Account together with the associated password and shall compensate Spacecubed Ventures for any and all Liability Spacecubed Ventures may suffer as a result of any failure by You to keep Your Username and password strictly secure at all times.
- YOUR APPLICATION
- 6.1. An Application by You is an offer by You to become a Spacecubed Ventures Member.
- 6.2. Spacecubed Ventures reserves the right to accept or reject Your Application for any reason.
- 6.3. If Spacecubed Ventures accepts Your Application it will notify You by email to confirm acceptance (“Acceptance”).
- 6.4. A membership agreement between You and Spacecubed Ventures will be formed on these Terms and Conditions (“Membership Agreement”) when Spacecubed Ventures emails You notice of its Acceptance pursuant to clause 6.3.
- 6.5. If Spacecubed Ventures rejects Your Application, it will notify You by email to confirm rejection. If payment of the Membership Fee (or part thereof) has been made, then the full amount paid will be refunded to the account from which Your payment was made (“Bank Account”).
- 6.6. To be eligible for Student Community Membership, You must be enrolled at a university or qualifying technical and further education institution, (in Spacecubed Ventures’ sole discretion). Spacecubed Ventures reserves the right to require You to provide proof of enrolment.
- COMMUNITY MEMBERSHIP FEE
- 7.1. By submitting an Application, You agree to pay the Membership Fee relevant to Your membership type in accordance with the payment method nominated by You at the time of making Your Application.
- 7.2. Community Membership Fees are not refundable.
- 7.3. Payment of Membership Fee will entitle you membership of Spacecubed Ventures Community for the period for which You have paid, i.e. either monthly, quarterly or annually.
- RENEWAL OF YOUR SPACECUBED VENTURES COMMUNITY MEMBERSHIP
- 8.1. Spacecubed Ventures will provide You with a Membership Renewal Notice at least thirty (30) days before the expiry of Your Annual Spacecubed Ventures Community Membership which will:
- a) set out the Community Membership Fee payable by You (which Spacecubed Ventures may change each year at its discretion);
- b) set out the due date for payment of Your Community Membership Fee (“Due Date”);
- c) set out the payment methods available; and
- d) provide You with the ability to notify Spacecubed Ventures prior to the Due Date if You do not wish to renew Your Spacecubed Ventures Community Membership.
- 8.2. Unless You notify Spacecubed Ventures otherwise, Your Spacecubed Ventures Community Membership will be automatically renewed on the Due Date for one further year and the Community Membership Fee applicable for that year will be payable by You.
- 8.3. If Your Card or Bank Account details provided to Spacecubed Ventures for the purposes of making payments by You are no longer current, you must immediately notify Spacecubed Ventures of the new details and promptly do all things and provide any signed documentation necessary to enable Spacecubed Ventures to process Your payments.
- 8.4. If You notify Spacecubed Ventures prior to the Due Date that you do not wish to renew Your Spacecubed Ventures Community Membership, your membership will cease and the further Community Membership Fee will not be payable.
- 8.5. If Spacecubed Ventures does not receive the Community Membership Fee by the Due Date, Your Spacecubed Ventures Community Membership will lapse.
- MEMBERSHIP BENEFITS
- 9.1. Being a Spacecubed Ventures Member will entitle You to those benefits set out in the Schedule as are relevant for the type of Membership you have elected on those conditions specified, if any.
- MEETING ROOMS
- 10.1. Spacecubed Ventures has meeting rooms (“Meeting Rooms”) located at Riff and FLUX which, subject to Booking and availability, are available for hire by You.
- 10.2. Bookings of Meeting Rooms must be made using the online booking request form available on the Website (“Booking”).
- 10.3. By placing a Booking, You agree to pay the fee notified to You at the time of placing the Booking (“Meeting Room Fee”).
- 10.4. Spacecubed Ventures reserves the right to accept or reject Your Booking for any reason at any time.
- 10.5. If You use a Meeting Room without having made a Booking You may be asked to pack up and vacate the Meeting Room immediately (which you must do), even if not booked by another person.
- 10.6. You must notify Spacecubed Ventures immediately if You need to cancel a Booking. If the Meeting Room has been booked via Spacecubed Ventures’ events team then at least 15 days’ notice is required. A cancellation fee of 30% of the Meeting Room Fee will apply. If less than 15 days’ notice is given, the Meeting Room Fee will be forfeited in full.
- 10.7. If You book a Meeting Room via the online facility then at least 24 hours’ notice is required, in which case no Meeting Room Fee will be payable. If less than 24 hours’ notice is provided then the Meeting Room Fee will be forfeited in full.
- 10.8. Any Booking clashes will be resolved by the Community Manager with every attempt made to accommodate You in an alternate Meeting Room or on an alternate day. If this is not possible, Spacecubed Ventures reserves its right to cancel the Booking and refund the Meeting Room Fee to Your Bank Account.
- 10.9. The capacity of each Meeting Room is specified on the Website and you must not exceed this capacity for any reason.
- 10.10. You agree to maintain each Meeting Room in a clean and safe manner.
- 10.11. A projector or television monitor can be made available by Spacecubed Ventures in Meeting Rooms on request provided the request is made at the time of Booking. This will be included in the Meeting Room Fee. Meeting Rooms come with white boards and markers as well as access to the self-serve tea and coffee facilities in the relevant kitchen area.
- LOCKERS Spacecubed Ventures may, for an additional fee, provide You with a locker at the Premises to store Your Property. The lockers are not security lockers, so You must keep valuable items with You at all times. Spacecubed Ventures does not accept responsibility for any loss or theft of or damage to Your Property stored in the lockers.
- YOUR OBLIGATIONS
- 12.1. When accessing the Website or the Premises or otherwise using Your Spacecubed Ventures Membership You must not:
- a) violate any applicable laws or regulations;
- b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including the right of privacy) of others;
- c) attempt to undermine the security or integrity of Spacecubed Ventures’s computing systems or networks or, where the Website is hosted by a third party, that third party's computing systems or networks;
- d) use, or misuse, the Website in any way which may impair the functionality of the Website or impair the ability of any other user to use the Website;
- e) attempt to gain unauthorised access to any materials, other than those to which You have been given express permission to access, or to the computer system on which the Website is hosted;
- f) transmit, or input into the Website, any:
- i. files that may damage any other person's computing devices or software; ii. content that may be offensive; or iii. material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use);
- g) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate the Website;
- h) install any cabling, IT or telecom connections at the Premises without the consent of Spacecubed Ventures (which Spacecubed Ventures may refuse at its absolute discretion);
- i) alter any part of the setup of the Premises;
- j) hold yourself out as a representative of Spacecubed Ventures or attempt to assume any obligations on behalf of Spacecubed Ventures;
- k) disclose, commercialise or otherwise use any Confidential Information provided to You in the course of your Spacecubed Ventures Community Membership, other than for purposes authorised by the provider of the information; or
- l) leave any valuable possessions unattended in the Premises.
- 12.2. You agree that:
- a) the Premises are to be used solely by You for Permitted Activities;
- b) You will immediately report any injuries on Premises to the Community Manager and provide written record;
- c) You will respect the Premises and take good care of Spacecubed Ventures Property at all times;
- d) You will comply with the Good Practice Policy and any reasonable requests or directions by Spacecubed Ventures at all times;
- e) it is Your sole responsibility to determine that your Spacecubed Ventures Membership meets the needs of Your business and is suitable for the purposes for which it is used;
- f) Your access to the Website and the Premises and Your use of the Spacecubed Ventures Membership is at Your risk entirely;
- g) Spacecubed Ventures may prohibit or halt any activity in the Premises which in its opinion is objectionable, dangerous, unlawful, infringes the Intellectual Property Rights of Spacecubed Ventures or a third party or which is potentially detrimental to Spacecubed Ventures’s reputation;
- h) the whole of the Premises remains in Spacecubed Ventures’s possession and control at all times;
- i) these Terms and Conditions create no tenancy interest, leasehold estate or other real property interest in Your favour with respect to the Premises or any part of them;
- j) You are responsible for rectifying any damage to the Premises, or Spacecubed Ventures Property, (fair wear and tear excepted) caused by You;
- k) Spacecubed Ventures is entitled to charge You additional costs for printing and photocopying;
- l) You are required to participate in an annual survey, hosted by Spacecubed Ventures, which aims to measure Spacecubed Ventures economic, environmental and social impact;
- m) it is Your responsibility to ensure that there is at all times sufficient clear credit available in Your Bank Account or on Your Card to meet the payments detailed in these Terms and Conditions; and
- n) if You fail to make payment in accordance with these Terms and Conditions, You will be liable for any reasonable costs incurred by Spacecubed Ventures in recovering the debt (including any legal fees, bank fees, collection agency charges or any other reasonable costs) and Spacecubed will charge you an additional 7.5% interest on any unpaid invoices of 30 days or more, every 30 days until the debt is settled.
- 12.3. Spacecubed Ventures does not make any representations as to the security of Spacecubed Ventures’s network or internet connections. You must adopt the security measures (e.g. encryption) You believe to be appropriate to Your circumstances.
- CONFIDENTIALITY
- 13.1. You acknowledge and agree that during Your use of the Website, the Premises and Your Spacecubed Ventures Membership You may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by Spacecubed Ventures, any employee, affiliate, or agent of Spacecubed Ventures, a Spacecubed Ventures Member or a third party that is non-public, confidential or proprietary in nature.
- 13.2. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records, any analyses, compilations, studies or other documents or otherwise derived in any manner from the Confidential Information and any information that You are obligated to keep confidential or know or have reason to know should be treated as confidential.
- 13.3. Your use of the Website, Premises and Your Spacecubed Ventures Membership obligates You to:
- a) maintain all Confidential Information in strict confidence;
- b) not disclose Confidential Information to any third parties; and
- c) not use Confidential Information in any way directly or indirectly detrimental to Spacecubed Ventures, other Spacecubed Ventures Members or any third party.
- 13.4. All Intellectual Property Rights remain the property of the owner. You acknowledge and agree that these Terms and Conditions and your Spacecubed Ventures Membership does not grant you any Intellectual Property Rights, by licence or otherwise.
- INTELLECTUAL PROPERTY
- 14.1. All Intellectual Property Rights with respect to the Website and any associated documentation and text are the sole property of Spacecubed Ventures (or third party intellectual property licensors to Spacecubed Ventures including, but not limited to, the operators of Nexudus and Bisner) and may not be used or reproduced in full or in part without Spacecubed Ventures’ prior written notice.
- 14.2. Unless permitted by these Terms and Conditions, You may not use the Website, or the material contained on it or linked to it (“the Material”), for any purpose. This includes:
- a) the reproduction of the Material in any material form;
- b) the distribution of the Material in any material form;
- c) re-transmission of the Material by any medium of communication;
- d) uploading and / or reposting the Material to any other site on the internet; or
- e) “framing” the Material with other material on any other internet site.
- 14.3. You may not modify, copy or otherwise commercialise:
- a) the layout of the Website; or
- b) any computer software or code contained in the Website.
- GST
- 15.1. The Parties agree that any and all amounts and other consideration referred to in these Terms and Conditions and on the Website are exclusive of any GST (unless specified otherwise).
- 15.2. If any GST is imposed on any supply made pursuant to these Terms and Conditions, then the recipient of the taxable supply must pay to the supplier the GST amount in addition to any consideration due for the supply.
- 15.3. The GST imposed on the supply is calculated by multiplying the amount or value of the consideration for the supply by the GST tax rate prevailing as at the date the supply is made.
- 15.4. If the recipient of the supply is required to pay an additional amount for GST pursuant to this clause, then the recipient will pay the increased amount in the same manner and at the same time as payment of the consideration due under these Terms and Conditions.
- LIMITATION OF LIABILITY
- 16.1. To the maximum extent permitted by law, Spacecubed Ventures excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss, including consequential loss, or damage resulting, directly or indirectly, from any use of, or reliance on, the Website, the Premises and Your Spacecubed Ventures Membership.
- 16.2. If You suffer loss or damage as a result of Spacecubed Ventures’ negligence, breach of contract or other act or omission that cannot at law be avoided pursuant to clause 16.1, any claim by You against Spacecubed Ventures arising will be limited in respect of any one incident, or series of connected incidents, to one thousand Australian dollars ($1,000).
- 16.3. Spacecubed Ventures cannot guarantee uninterrupted, timely, secure, error free or virus free access to the Website or, to Spacecubed Ventures’ network or the internet, whether from its Premises or otherwise, and its operation may be interfered with by numerous factors outside of Spacecubed Ventures’ control.
- INDEMNITY You agree to release, indemnify and keep indemnified Spacecubed Ventures from and against all Liabilities suffered or incurred by Spacecubed Ventures to the extent arising out of or in connection with Your:
- a) failure to comply with these Terms and Conditions;
- b) use of the Website, the Premises and Your Spacecubed Ventures Membership; and
- c) infringement of any Intellectual Property Rights, privacy or other rights of a third party (including but not limited to other Spacecubed Ventures Members, service providers to Spacecubed Ventures and licensors to Spacecubed Ventures).
- INSURANCE Spacecubed does not maintain any insurance to cover any loss or damage to Your property, Yourself or Your staff. You are solely responsible to obtain and maintain the following insurances for the term of Your Spacecubed Ventures Membership and for Your use of the Premises:
- a) public liability insurance;
- b) workers compensation insurance; and
- c) insurance to protect Your Property.
- LINKS TO OTHER WEBSITES OR SERVICES The Website may include links to other websites maintained by third parties which are not under the control of Spacecubed Ventures (“Linked Sites”). Spacecubed Ventures makes available Linked Sites to You solely as a convenience, and the inclusion on the Website of links to Linked Sites does not imply endorsement by Spacecubed Ventures of the Linked Sites. Linked Sites are not under the control of Spacecubed Ventures and Spacecubed Ventures is not responsible for the material contained on any Linked Site or the consequences of accessing such sites. You access Linked Sites at Your own risk and by accessing them You leave the Website.
- PRIVACY Privacy is very important to Spacecubed Ventures. Spacecubed Ventures will use Your Personal Information only as described in the Privacy Policy. For a complete description of how Spacecubed Ventures will use and protect Your Personal Information, see the Privacy Policy. If You object to Your Personal Information being transferred or used in this way please do not use the Website or Your Spacecubed Ventures Membership.
- TERMINATION
- 21.1. Spacecubed Ventures may terminate the Membership Agreement (and Your access to the Premises and Your Spacecubed Ventures Membership), if:
- a) You breach the Membership Agreement and the breach is unable to be remedied; or
- b) You breach the Membership Agreement and, if the breach can be remedied, You fail to rectify any remediable breach within seven (7) days of Spacecubed Ventures notifying You of the breach and requesting rectification; or
- c) You become insolvent, bankrupt, go into liquidation or become unable to pay Your debts as they fall due; or
- d) Your conduct, or that of someone who attends the Premises with Your permission or at Your invitation, is incompatible with the Good Practice Policy; or
- e) Spacecubed Ventures, acting reasonably, is no longer able to provide You with access to the Premises.
- 21.2. If the Membership Agreement is terminated by Spacecubed Ventures pursuant to sub clause 21.1(e), Spacecubed Ventures shall refund You a prorated amount of Your Membership Fee.
- 21.3. If the Membership Agreement is terminated pursuant to clause 21.1, or if Your Spacecubed Ventures Membership expires, You are required to immediately:
- a) remove Your Property from the Premises;
- b) vacate the Premises in a respectful manner;
- c) leave Your area of the Premises in a clean state; and
- d) return to Spacecubed Ventures any keys (including access / swipe cards) to the Premises.
- 21.4. If You leave Your Property in the Premises following termination or expiry of Your Spacecubed Ventures Membership, Spacecubed Ventures may dispose of it at Your cost (and charge you accordingly) in any way Spacecubed Ventures chooses without liability or responsibility to You.
- HELP AND ASSISTANCE
- 22.1. If You require technical help with the Website, please first check the support provided by Spacecubed Ventures on the Website then, if necessary, email us at [email protected]
- 22.2. Whilst Spacecubed Ventures intends that the Website be available 24 hours a day, seven days a week, the Website may occasionally be unavailable for maintenance or other development activity. If the Website is likely to be unavailable for significant periods of time, Spacecubed Ventures will use reasonable endeavours to publish such interruption details on the Website in advance.
- 22.3. Please contact Spacecubed Ventures on [email protected] if You suspect any abuse or misuse of the Website or the Premises so that Spacecubed Ventures is able to notify the relevant authorities.
- ASSIGNMENT
- 24.1. You cannot transfer or assign Your Spacecubed Ventures Membership without Spacecubed Ventures’s prior written consent.
- 24.2. Spacecubed Ventures may assign or transfer the benefit of the Terms and Conditions or any Membership Agreement at any time subject to Spacecubed Ventures giving You four (4) weeks prior notice in writing.
- ENTIRE AGREEMENT This Membership Agreement supersedes and extinguishes all prior agreements.
- WAIVER The failure to exercise, or delay in exercising, any power or right by a Party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the Party to be bound by the waiver.
- GOVERNING LAW AND JURISDICTION This Membership Agreement is governed by the laws of Western Australia, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of this Membership Agreement.
- SEVERABILITY If any part of this Membership Agreement are found to be void, unlawful, or unenforceable then that part will be deemed to be severed without affecting the validity and enforceability of the remaining provisions.
- NOTICES
- 28.1. You acknowledge and agree that any notice given pursuant to these Terms and Conditions by either Party to the other must be in writing by email and will be deemed to have been given on transmission.
- 28.2. Notices to Spacecubed Ventures must be sent to [email protected] or to any other email address notified by email to You by Spacecubed Ventures for the purpose of sending notices. Notices to You will be sent to the email address which You provided when submitting Your Application. SCHEDULE Spacecubed Ventures Community Membership Note the following benefits are subject to change at Spacecubed Ventures’ discretion from time to time. Spacecubed Ventures Community Membership (discount applies for students)
Spacecubed Ventures Community Membership or Spacecubed Ventures Student Community membership allows You at Riff or FLUX depending on the selected home space.
- a) access to the Coworking Space for up to eight (8) hours per month;
- b) access to the online community;
- c) discounted (or free) access to Spacecubed Ventures hosted events, talks and training;
- d) unlimited access to high-speed wireless internet;
- e) access to printer, scanner and the kitchen area;
- f) discounted access to the Meeting Rooms;
- g) access to mentoring from experienced businesspersons, venture capitalists and philanthropists;
- h) Access to the members benefits as specified on the website; and
- i) If You use the Community Membership for a greater time than You are entitled (as per agreement) you will be charged by Spacecubed Ventures at a rate of $35.00 (plus GST) per day. Space Coworking Packages Part-Time
- a) All the benefits specified in the community membership;
- b) Use of the Coworking Space located at Riff or FLUX for up to two (2) days per week (16 hours) unless otherwise specified in agreement;
- c) The ability to use Riff or FLUX as Your business address depending on your selected home space;
- d) Use of the Meeting Rooms for up to two (2) hours per month unless otherwise specified in agreement;
- e) Access to showers, changing rooms and bike storage located at Riff or access to gym, showers, changing rooms and bike storage at FLUX;
- f) Access to Riff and FLUX from 8.00am to 5.00pm;
- g) If You use the Coworking Space for a greater time than You are entitled (as per agreement) you will be charged by Spacecubed Ventures at a rate of $35.00 (plus GST) per day; and
- h) You may cancel a Space Coworking Package with one (1) billing month prior notice in writing by completing this form or email [email protected] Full-Time Coworking / Coworking Lite / Coworking Pro
- a) Use of the Coworking Space located at Riff or FLUX for up to five (5) days per week (Coworking Lite) or 24/7 (Full-Time Coworking / Coworking Pro);
- b) The ability to use Riff or FLUX as your business address depending on your selected home space;
- c) Use of the Meeting Rooms for up to five (5) hours per month unless otherwise specified in agreement;
- d) Access to showers, changing rooms and bike storage located at Riff or access to gym, showers, changing rooms and bike storage at FLUX;
- e) Access to Riff and FLUX from 8.00am to 5.00pm;
- f) 24/7 access to Riff or FLUX may be available for an additional fee;
- g) If You use the Coworking Space for a greater time than You are entitled (as per agreement) you will be charged by Spacecubed Ventures at a rate of $35.00 (plus GST) per day; and
- h) You may cancel a Space Coworking Package with one (1) billing month prior notice in writing by completing this form or email [email protected] Resident Desks
- a) Subject to availability, You may sign up for a Resident Desk at Riff or FLUX. If You require further information about signing up for a Resident Desk You should contact the Community Manager;
- b) You may sign up for a rolling monthly package. Discounts applies if you sign for six (6) or twelve (12) months’. At the end of the contract, if the contract is not renewed discounts will be voided and the rolling monthly package will apply;
- c) Use of a Resident Desk after which period Your right to use the Resident Desk will, subject to the desk remaining available for Your exclusive use, run from one month to the next until You cancel the arrangement by one (1) billing month’s prior notice in writing by completing this form or email [email protected] if you are on a rolling monthly package or at the end of your contract;
- d) Resident Desk Fees are payable monthly via direct debit from Your Bank Account or Card;
- e) 24/7 access to Riff or FLUX is available for an additional fee;
- f) The ability to use Riff or FLUX as your business address depending on your selected home space;
- g) Use of the Meeting Rooms for up to eight (8) hours per month unless otherwise specified in agreement; and
- h) Access to showers, changing rooms and bike storage located at Riff or access to gym, showers, changing rooms and bike storage at FLUX. Offices
- a) Subject to availability, You may sign up for an office at Riff or FLUX. If You require further information about signing up for a office You should contact the Community Manager;
- b) You may sign up for a minimum six (6) or twelve (12) months’ subject to agreement terms after which period Your right to use the office will, subject to the office remaining available for Your exclusive use, run from one month to the next until You cancel the arrangement by one (1) billing month’s prior notice in writing by completing this form or email [email protected] or a new agreement is signed to cover an extended period of time. Additional notice in writing is greatly appreciated;
- c) At the end of the contract, if the contract is not renewed any discounts will be voided and the rolling monthly package will apply;
- d) Office Fees are payable monthly via direct debit from Your Bank Account or Card; and
- e) Office entitlements i.e. meeting room allocation, swipe card and printer credit will be outlined in agreement and varies depending on the amount of persons the office has been agreed to accommodate. Virtual office
- a) Paid use of Spacecubed Ventures’s PO Box located at Suite 401, Shop 6, 50 St Georges Terrace, Western Australia 6000 or co/- FLUX, Level 1, 191 St Georges Tce, Perth WA 6000 on a rolling monthly or annual agreement; and
- b) This does not entitle any use of the space, however member rates of $35 + GST per day for coworking apply. Connect membership
- a) Allows connect members a free preview of the online community platform only. If further information required on any member details a paid community membership will be required;
- b) 25% off day rate of $40 + GST available for connect members to drop into FLUX or Riff on a “fair use” policy only;
- c) 5% off meeting room only price, this discount is not applicable off catering requirements;
- d) Attendance of up to 4 community events only per calendar year at Riff or FLUX. Prior notice of registration of 2 business days is required to attend these events; and
- e) Preview of the Spacecubed app for connect members only. Full app access will require ongoing paid community access either on a rolling or annual agreement. WEB Business Hub TERMS AND CONDITIONS Please read these Terms and Conditions carefully. By accessing the Website You agree to be bound by these Terms and Conditions. These Terms and Conditions also constitute the terms of the Membership Agreement between You and the WEB Business Hub if You apply to be, and are accepted by the WEB Business Hub as, a WEB Business Hub Member.
- DEFINITIONS In these Terms and Conditions, unless a contrary intention applies: “Acceptance” has the meaning given in clause 6.3; “Account” has the meaning given in clause 4.b); “Application” has the meaning given in clause 4.c); “Bank Account” has the meaning given in clause 6.5; “Booking” has the meaning given in clause 10.2; “Business Day” means a day that is not a Saturday, Sunday or public holiday in Western Australia; “Card” means a payment card which provides the cardholder electronic access to his or her bank account(s) at a financial institution and includes a debit card and a credit card; “Nexudus” means the Nexudus web-based management software, designed by Upstream-Agile GmbH, used to manage co-working spaces; “Community Manager” means Ms Kira Smith or such other person appointed by the WEB Business Hub from time to time; “Confidential Information” has the meaning given in clauses 13.1 and 13.2; “Coworking Space” means those parts of the Premises made available by the WEB Business Hub for use by WEB Business Hub Members for Permitted Activities; “Good Practice Policy” means the WEB Business Hub’s membership good practice policy, available on the Website, which applies to all WEB Business Hub Members; “GST” means any goods and services tax under the GST Act or a tax of a like or analogous nature that is imposed, assessed or levied in relation to any supply made of goods, services or any other thing under these Terms and Conditions or via the Website; “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended and any associated legislation and regulations; “Intellectual Property Rights” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered; “Liability” means all liabilities (whether actual, contingent or prospective), loss, damages, costs and expenses of whatever description; “Linked Sites” has the meaning given in clause 19; “Meeting Rooms” has the meaning given in clause 10.1; “Meeting Room Fee” has the meaning given in clause 10.3; “Membership Agreement” has the meaning given in clause 6.4; “Membership Fee” means the fee specified on the Website which is payable by You to the WEB Business Hub for Your WEB Business Hub Membership for the Membership Type applicable to You; “Membership Renewal Notice” means a notice from the WEB Business Hub asking You to renew Your WEB Business Hub Membership; “Office” means an office space allocated at the Premises, at the WEB Business Hub’s discretion, for Your exclusive use. “Party” means the WEB Business Hub and / or You as the context requires; “Permitted Activities” means activities permitted at the Premises as set out in the Good Practice Policy; “Personal Information” means information or an opinion about an individual as defined in section 6 of the Privacy Act 1988 (Cth) which is collected, used, disclosed, stored or handled by the WEB Business Hub; “Premises” means the WEB Business Hub, as the context requires or such other location that the WEB Business Hub may relocate to or occupy in the future; “Privacy Policy” means the WEB Business Hub’s privacy policy available on the Website; “Resident Desk” means a desk space allocated at the Premises, at the WEB Business Hub’s discretion, for Your exclusive use; “Terms and Conditions” means these terms and conditions including any schedule or annexure and all materials referred to or linked to in these terms and conditions including, but not limited to, the Privacy Policy and the Good Practice Policy; “Username” has the meaning given in clause 5.1; “WEB Business Hub” Port Hedland Chamber of Commerce ABN 82 164 550 359 trading as WEB Business Hub; “WEB Business Hub Community” means the community run by the WEB Business Hub comprising all the WEB Business Hub Members, the Premises and the facilities at the Premises; “WEB Business Hub Online Community Platform” means the online community known as “Yammer” and “Bisner”, or any other online community chosen by the WEB Business Hub and communicated to You as available, for WEB Business Hub Members to ask questions, provide feedback, post ideas and source new collaborators; “WEB Business Hub Member” means You or any other person holding a WEB Business Hub Membership; “WEB Business Hub Membership” means either a Standard Community Membership, a Student Community Membership, a Connect Membership, a Coworking Membership, a Resident Desk Membership, an Office Membership, a Night Owl Membership, a Virtual Office Membership or an Organisation Membership as selected by You with the benefits listed under that heading in the Schedule (which benefits are subject to change at the WEB Business Hub’s discretion) ; “WEB Business Hub Property” means everything in the Premises which is owned by or otherwise controlled by the WEB Business Hub; “Website” means the internet site owned by the WEB Business Hub and operating under the URL www.webbusinesshub.com.au “You” and “Your” are a reference to you the customer (or the company or organisation you represent); and “Your Property” means any plant, equipment, documents, possessions or other property that You bring onto the Premises.
- CAPACITY You represent and warrant that: 2.1.1. You are at least 18 years of age; 2.1.2. You have the legal capacity to enter into legally binding contracts under applicable law; and 2.1.3. if the WEB Business Hub Member is a company, You are properly authorised to bind the company to the Membership Agreement.
- VARIATION 3.1. The WEB Business Hub reserves the right to vary these Terms and Conditions by publishing them on the Website: 3.1.1.1.without giving You notice; and 3.1.1.2.without giving You any explanation or justification for such variation. 3.2. Your continued use of the Website and of the privileges of Your WEB Business Hub Membership will be deemed to be Your acceptance of any variation to these Terms and Conditions.
- BECOMING A WEB BUSINESS HUB MEMBER In order to become a WEB Business Hub Member, You must: 4.1.1. meet the eligibility requirements set out in these Terms and Conditions; 4.1.2. create an account with the WEB Business Hub by following the instructions on the Website (“Account”); 4.1.3. complete and submit the online application form available on the Website or a membership agreement form sent to You upon request by the WEB Business Hub (“Application”); and 4.1.4. have Your Application accepted by the WEB Business Hub in accordance with clause 6.3.
- CREATING AN ACCOUNT 5.1. To create an Account, You must follow the instructions on the Website. Your username will be the email address You provide when creating an Account (“Username”). You can only have one Account per email address. Your Username must not be one that in the WEB Business Hub’s opinion is inappropriate or offensive and must not infringe upon the rights of any third party. The WEB Business Hub can require You to immediately change Your Username if it thinks it is inappropriate for use in relation to the Website. 5.2. If You choose to use an email address supplied to You by an employer, then You are solely responsible for ensuring that You comply with the rules, policies or protocols that apply to the use of that email address. 5.3. Your Account is non-transferable. You must keep Your Account details safe and must not disclose them to any third party. The Account may be used only by the individual who created it and not by anyone else (unless you first get the WEB Business Hub’s consent). The WEB Business Hub reserves the right to terminate Your Account if the WEB Business Hub has reason to believe that Your Account details are being used by anyone other than You. 5.4. You shall be liable for all activities that are undertaken using Your Account together with the associated password and shall compensate the WEB Business Hub for any and all Liability the WEB Business Hub may suffer as a result of any failure by You to keep Your Username and password strictly secure at all times.
- YOUR APPLICATION 6.1. An Application by You is an offer by You to become a WEB Business Hub Member. 6.2. The WEB Business Hub reserves the right to accept or reject Your Application for any reason. 6.3. If the WEB Business Hub accepts Your Application it will notify You by email to confirm acceptance (“Acceptance”). 6.4. A membership agreement between You and the WEB Business Hub will be formed on these Terms and Conditions (“Membership Agreement”) when the WEB Business Hub emails You notice of its Acceptance pursuant to clause 6.3. 6.5. If the WEB Business Hub rejects Your Application, it will notify You by email to confirm rejection. If payment of the Membership Fee (or part thereof) has been made, then the full amount paid will be refunded to the account from which Your payment was made (“Bank Account”). 6.6. To be eligible for Student Community Membership, You must be enrolled at a university or qualifying technical and further education institution, in the WEB Business Hub’s sole discretion). The WEB Business Hub reserves the right to require You to provide proof of enrolment.
- MEMBERSHIP FEE 7.1. By submitting an Application, You agree to pay the Membership Fee relevant to Your membership type in accordance with the payment method nominated by You at the time of making Your Application. 7.2. Membership Fees are not refundable. 7.3. Payment of Membership Fee will entitle you membership of the WEB Business Hub Community for the period for which You have paid, i.e. either monthly, quarterly or annually.
- RENEWAL OF YOUR WEB BUSINESS HUB COMMUNITY MEMBERSHIP 8.1. The WEB Business Hub will provide You with a Membership Renewal Notice at least thirty (30) days before the expiry of Your Annual WEB Business Hub Community Membership which will: a) set out the Membership Fee payable by You (which the WEB Business Hub may vary each year in its discretion); b) set out the due date for payment of Your Membership Fee (“Due Date”); c) set out the payment methods available; and d) provide You with the ability to notify the WEB Business Hub prior to the Due Date if You do not wish to renew Your WEB Business Hub Community Membership. 8.2. Unless You notify the WEB Business Hub otherwise, Your WEB Business Hub Community Membership will be automatically renewed on the Due Date for one further year and the Community Membership Fee applicable for that year will be payable by You in the manner and frequency previously nominated by You. 8.3. If Your Card or Bank Account details provided to the WEB Business Hub for the purposes of making payments by You are no longer current, you must immediately notify the WEB Business Hub of the new details and promptly do all things and provide any signed documentation necessary to enable the WEB Business Hub to process Your payments. 8.4. If You notify the WEB Business Hub prior to the Due Date that you do not wish to renew Your WEB Business Hub Community Membership, your membership will cease and the further Membership Fee will not be payable. 8.5. If the WEB Business Hub does not receive the Membership Fee by the Due Date, Your WEB Business Hub Community Membership will lapse.
- MEMBERSHIP BENEFITS 9.1. Being a WEB Business Hub Member will entitle You to those benefits set out in the Schedule as are relevant for the type of Membership you have elected on those conditions specified, if any.
- MEETING ROOMS 10.1. The WEB Business Hub has meeting rooms (“Meeting Rooms”) located at the WEB Business Hub which, subject to Booking and availability, are available for hire by You. 10.2. Bookings of Meeting Rooms must be made using the online booking request form available on the Website (“Booking”). 10.3. By placing a Booking, You agree to pay the fee notified to You at the time of placing the Booking (“Meeting Room Fee”). 10.4. The WEB Business Hub reserves the right to accept or reject Your Booking for any reason at any time. 10.5. If You use a Meeting Room without having made a Booking You may be asked to pack up and vacate the Meeting Room immediately (which you must do), even if not booked by another person. 10.6. You must notify the WEB Business Hub immediately if You need to cancel a Booking. If the Meeting Room has been booked via the WEB Business Hub’s events team then at least 15 days’ notice is required. A cancellation fee of 30% of the Meeting Room Fee will apply. If less than 15 days’ notice is given, the Meeting Room Fee will be forfeited in full. 10.7. If You book a Meeting Room via the online facility then at least 24 hours’ notice is required, in which case no Meeting Room Fee will be payable. If less than 24 hours’ notice is provided then the Meeting Room Fee will be forfeited in full. 10.8. Any Booking clashes will be resolved by the Community Manager with every attempt made to accommodate You in an alternate Meeting Room or on an alternate day. If this is not possible, the WEB Business Hub reserves its right to cancel the Booking and refund the Meeting Room Fee to Your Bank Account. 10.9. The capacity of each Meeting Room is specified on the Website and you must not exceed this capacity for any reason. 10.10. You agree to maintain each Meeting Room in a clean and safe manner. 10.11. A projector or television monitor can be made available by the WEB Business Hub in Meeting Rooms on request provided the request is made at the time of Booking. This will be included in the Meeting Room Fee. Meeting Rooms come with white boards and markers as well as access to the self-serve tea and coffee facilities in the relevant kitchen area.
- LOCKERS The WEB Business Hub may, for an additional fee, provide You with a locker at the Premises to store Your Property. The lockers are not security lockers, so You must keep valuable items with You at all times. The WEB Business Hub does not accept responsibility for any loss or theft of or damage to Your Property stored in the lockers.
- YOUR OBLIGATIONS 12.1. When accessing the Website or the Premises or otherwise using Your WEB Business Hub Membership You must not: a) violate any applicable laws or regulations; b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (including the right of privacy) of others; c) attempt to undermine the security or integrity of the WEB Business Hub’s computing systems or networks or, where the Website is hosted by a third party, that third party's computing systems or networks; d) use, or misuse, the Website in any way which may impair the functionality of the Website or impair the ability of any other user to use the Website; e) attempt to gain unauthorised access to any materials, other than those to which You have been given express permission to access, or to the computer system on which the Website is hosted; f) transmit, or input into the Website, any: i. files that may damage any other person's computing devices or software; ii. content that may be offensive; or iii. material or data in violation of any law (including data or other material protected by copyright or trade secrets which You do not have the right to use); g) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to operate the Website; h) install any cabling, IT or telecom connections at the Premises without the consent of the WEB Business Hub (which the WEB Business Hub may refuse at its absolute discretion); i) alter any part of the setup of the Premises; j) hold yourself out as a representative of the WEB Business Hub or attempt to assume any obligations on behalf of the WEB Business Hub; k) disclose, commercialise or otherwise use any Confidential Information provided to You in the course of your the WEB Business Hub Community Membership, other than for purposes authorised by the provider of the information; or l) leave any valuable possessions unattended in the Premises. 12.2. You agree that: m) the Premises are to be used solely by You for Permitted Activities; n) You will immediately report any injuries on the Premises to the Community Manager and provide written record; o) You will respect the Premises and take good care of the WEB Business Hub Property at all times; p) You will comply with the Good Practice Policy and any reasonable requests or directions the WEB Business Hub at all times; q) it is Your sole responsibility to determine that your WEB Business Hub Membership meets the needs of Your business and is suitable for the purposes for which it is used; r) Your access to the Website and the Premises and Your use of the WEB Business Hub Membership is at Your risk entirely; s) The WEB Business Hub may prohibit or halt any activity in the Premises which in its opinion is objectionable, dangerous, unlawful, infringes the Intellectual Property Rights of the WEB Business Hub or a third party or which is potentially detrimental to the WEB Business Hub’s reputation; t) the whole of the Premises remains in the WEB Business Hub’s possession and control at all times; u) these Terms and Conditions create no tenancy interest, leasehold estate or other real property interest in Your favour with respect to the Premises or any part of them; v) You are responsible for rectifying any damage to the Premises, or the WEB Business Hub’s Property, (fair wear and tear excepted) caused by You; w) The WEB Business Hub is entitled to charge You additional costs for printing and photocopying; x) You are required to participate in an annual survey, hosted by the WEB Business Hub, which aims to measure the WEB Business Hub economic, environmental and social impact; y) it is Your responsibility to ensure that there is at all times sufficient clear credit available in Your Bank Account or on Your Card to meet the payments detailed in these Terms and Conditions; and z) if You fail to make payment in accordance with these Terms and Conditions, You will be liable for any reasonable costs incurred by the WEB Business Hub in recovering the debt (including any legal fees, bank fees, collection agency charges or any other reasonable costs). 12.3. The WEB Business Hub does not make any representations as to the security of the WEB Business Hub’s network or internet connections. You must adopt the security measures (e.g. encryption) You believe to be appropriate to Your circumstances.
- CONFIDENTIALITY 13.1. You acknowledge and agree that during Your use of the Website, the Premises and Your WEB Business Hub Membership You may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by the WEB Business Hub, any employee, affiliate, or agent of the WEB Business Hub, a WEB Business Hub Member or a third party that is non-public, confidential or proprietary in nature. 13.2. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records, any analyses, compilations, studies or other documents or otherwise derived in any manner from the Confidential Information and any information that You are obligated to keep confidential or know or have reason to know should be treated as confidential. 13.3. Your use of the Website, Premises and Your WEB Business Hub Membership obligates You to: aa) maintain all Confidential Information in strict confidence; bb) not disclose Confidential Information to any third parties; and cc) not use Confidential Information in any way directly or indirectly detrimental to the WEB Business Hub, other WEB Business Hub Members or any third party. 13.4. All Intellectual Property Rights remain the property of the owner. You acknowledge and agree that these Terms and Conditions and your WEB Business Hub Membership does not grant you any Intellectual Property Rights, by licence or otherwise.
- INTELLECTUAL PROPERTY 14.1. All Intellectual Property Rights with respect to the Website and any associated documentation and text are the sole property of the WEB Business Hub (or third party intellectual property licensors to the WEB Business Hub including, but not limited to, the operators of Nexudus and Bisner) and may not be used or reproduced in full or in part without the WEB Business Hub’s prior written notice. 14.2. Unless permitted by these Terms and Conditions, You may not use the Website, or the material contained on it or linked to it (“the Material”), for any purpose. This includes: a) the reproduction of the Material in any material form; b) the distribution of the Material in any material form; c) re-transmission of the Material by any medium of communication; d) uploading and / or reposting the Material to any other site on the internet; or e) “framing” the Material with other material on any other internet site. 14.3. You may not modify, copy or otherwise commercialise: a) the layout of the Website; or b) any computer software or code contained in the Website.
- GST 15.1. The Parties agree that any and all amounts and other consideration referred to in these Terms and Conditions and on the Website are exclusive of any GST (unless specified otherwise). 15.2. If any GST is imposed on any supply made pursuant to these Terms and Conditions, then the recipient of the taxable supply must pay to the supplier the GST amount in addition to any consideration due for the supply. 15.3. The GST imposed on the supply is calculated by multiplying the amount or value of the consideration for the supply by the GST tax rate prevailing as at the date the supply is made. 15.4. If the recipient of the supply is required to pay an additional amount for GST pursuant to this clause, then the recipient will pay the increased amount in the same manner and at the same time as payment of the consideration due under these Terms and Conditions.
- LIMITATION OF LIABILITY /16.1. To the maximum extent permitted by law, the WEB Business Hub excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss, including consequential loss, or damage resulting, directly or indirectly, from any use of, or reliance on, the Website, the Premises and Your WEB Business Hub Membership. 16.2. If You suffer loss or damage as a result of the WEB Business Hub’s negligence, breach of contract or other act or omission that cannot at law be avoided pursuant to clause 16.1, any claim by You against the WEB Business Hub arising will be limited in respect of any one incident, or series of connected incidents, to one thousand Australian dollars ($1,000). 16.3. The WEB Business Hub cannot guarantee uninterrupted, timely, secure, error free or virus free access to the Website or, to the WEB Business Hub’s network or the internet, whether from its Premises or otherwise, and its operation may be interfered with by numerous factors outside of the WEB Business Hub’s control.
- INDEMNITY You agree to release, indemnify and keep indemnified the WEB Business Hub from and against all Liabilities suffered or incurred by the WEB Business Hub to the extent arising out of or in connection with Your: a) failure to comply with these Terms and Conditions; b) use of the Website, the Premises and Your WEB Business Hub Membership; and c) infringement of any Intellectual Property Rights, privacy or other rights of a third party (including but not limited to other WEB Business Hub Members, service providers to the WEB Business Hub and licensors to the WEB Business Hub).
- INSURANCE The WEB Business Hub does not maintain any insurance to cover any loss or damage to Your property, Yourself or Your staff. You are solely responsible to obtain and maintain the following insurances for the term of Your WEB Business Hub Membership and for Your use of the Premises: a) public liability insurance; b) workers compensation insurance; and c) insurance to protect Your Property.
- LINKS TO OTHER WEBSITES OR SERVICES The Website may include links to other websites maintained by third parties which are not under the control of the WEB Business Hub (“Linked Sites”). The WEB Business Hub makes available Linked Sites to You solely as a convenience, and the inclusion on the Website of links to Linked Sites does not imply endorsement by the WEB Business Hub of the Linked Sites. Linked Sites are not under the control of the WEB Business Hub and the WEB Business Hub is not responsible for the material contained on any Linked Site or the consequences of accessing such sites. You access Linked Sites at Your own risk and by accessing them You leave the Website.
- PRIVACY Privacy is very important to the WEB Business Hub. The WEB Business Hub will use Your Personal Information only as described in the Privacy Policy. For a complete description of how the WEB Business Hub will use and protect Your Personal Information, see the Privacy Policy. If You object to Your Personal Information being transferred or used in this way please do not use the Website or Your WEB Business Hub Membership.
- TERMINATION 21.1. The WEB Business Hub may terminate the Membership Agreement (and Your access to the Premises and Your WEB Business Hub Membership), if: a) You breach the Membership Agreement and the breach is unable to be remedied; or b) You breach the Membership Agreement and, if the breach can be remedied, You fail to rectify any remediable breach within seven (7) days of the WEB Business Hub notifying You of the breach and requesting rectification; or c) You become insolvent, bankrupt, go into liquidation or become unable to pay Your debts as they fall due; or d) Your conduct, or that of someone who attends the Premises with Your permission or at Your invitation, is incompatible with the Good Practice Policy; or e) The WEB Business Hub, acting reasonably, is no longer able to provide You with access to the Premises. 21.2. If the Membership Agreement is terminated by the WEB Business Hub pursuant to sub clause 22.1(e), the WEB Business Hub shall refund You a prorated amount of Your Membership Fee. 21.3. If the Membership Agreement is terminated pursuant to clause 21.1, or if Your WEB Business Hub Membership expires, You are required to immediately: a) remove Your Property from the Premises; b) vacate the Premises in a respectful manner; c) leave Your area of the Premises in a clean state; and d) return to the WEB Business Hub any keys (including access / swipe cards) to the Premises. 21.4. If You leave Your Property in the Premises following termination or expiry of Your WEB Business Hub Membership, the WEB Business Hub may dispose of it at Your cost (and charge you accordingly) in any way the WEB Business Hub chooses without liability or responsibility to You.
- HELP AND ASSISTANCE 22.1. If You require technical help with the Website, please first check the support provided by the WEB Business Hub on the Website then, if necessary, email us at [email protected] 22.2. Whilst the WEB Business Hub intends that the Website be available 24 hours a day, seven days a week, the Website may occasionally be unavailable for maintenance or other development activity. If the Website is likely to be unavailable for significant periods of time, the WEB Business Hub will use reasonable endeavours to publish such interruption details on the Website in advance. 22.3. Please contact the WEB Business Hub on [email protected] if You suspect any abuse or misuse of the Website or the Premises so that the WEB Business Hub is able to notify the relevant authorities.
- ASSIGNMENT 23.1. You cannot transfer or assign Your WEB Business Hub Membership without the WEB Business Hub’s prior written consent. 23.2. The WEB Business Hub may assign or transfer the benefit of the Terms and Conditions or any Membership Agreement at any time subject to the WEB Business Hub giving You four (4) weeks prior notice in writing.
- ENTIRE AGREEMENT This Membership Agreement supersede and extinguish all prior agreements, representations (whether oral or written) and understandings and constitute the entire agreement between You and the WEB Business Hub relating to the Website and Your WEB Business Hub Membership.
- WAIVER The failure to exercise, or delay in exercising, any power or right by a Party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the Party to be bound by the waiver.
- GOVERNING LAW AND JURISDICTION This Membership Agreement is governed by the laws of Western Australia, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of this Membership Agreement.
- SEVERABILITY If any part of this Membership Agreement are found to be void, unlawful, or unenforceable then that part will be deemed to be severed without affecting the validity and enforceability of the remaining provisions.
- NOTICES 28.1. You acknowledge and agree that any notice given pursuant to these Terms and Conditions by either Party to the other must be in writing by email and will be deemed to have been given on transmission. 28.2. Notices to the WEB Business Hub must be sent to [email protected] or to any other email address notified by email to You by the WEB Business Hub for the purpose of sending notices. Notices to You will be sent to the email address which You provided when submitting Your Application.
SCHEDULE WEB Business Hub Community Membership Note the following benefits are subject to change at the WEB Business Hub’s discretion from time to time. WEB Business Hub Community Membership (discount apply for students) WEB Business Hub Community Membership or WEB Business Hub Student Community membership allows You at the WEB Business Hub depending on the selected home space. a) access to the Coworking Space for up to eight (8) hours per month; b) access to the online community; c) discounted (or free) access to the WEB Business Hub hosted events, talks and training; d) unlimited access to high-speed wireless internet; e) access to printer, scanner and the kitchen area; f) discounted access to the Meeting Rooms; g) access to mentoring from experienced businesspersons, venture capitalists and philanthropists; h) Access to the members benefits as specified on the website; and i) If You use the Community Membership for a greater time than You are entitled (as per agreement) you will be charged by the WEB Business Hub at a rate of $35.00 (plus GST) per day. Space Coworking Packages Part-Time a) All the benefits specified in the community membership; b) Use of the Coworking Space located at the WEB Business Hub for up to two (2) days per week (16 hours) unless otherwise specified in agreement; c) The ability to use the WEB Business Hub as Your business address; d) Use of the Meeting Rooms for up to two (2) hours per month unless otherwise specified in agreement; e) Access to showers, changing rooms and bike storage located at the WEB Business Hub; f) Access to the WEB Business Hub from 8.00am to 5.00pm; g) If You use the Coworking Space for a greater time than You are entitled (as per agreement) you will be charged by the WEB Business Hub at a rate of $35.00 (plus GST) per day; and h) You may cancel a Space Coworking Package with one (1) calendar month’s prior notice in writing by completing this form or email [email protected] Full-Time Coworking / Coworking Lite / Coworking Pro a) Use of the Coworking Space located at the WEB Business Hub for up to five (5) days per week; b) The ability to use the WEB Business Hub as your business address; c) Use of the Meeting Rooms for up to eight (5) hours per month unless otherwise specified in agreement; d) Access to showers, changing rooms and bike storage located at the WEB Business Hub; e) Access to the WEB Business Hub from 8.00am to 5.00pm; f) 24/7 access to the WEB Business Hub may be available for an additional fee; g) If You use the Coworking Space for a greater time than You are entitled (as per agreement) you will be charged by the WEB Business Hub at a rate of $35.00 (plus GST) per day; and i) You may cancel a Space Coworking Package with one (1) calendar month’s prior notice in writing by completing this form or email [email protected] Resident Desks a) Subject to availability, You may sign up for a Resident Desk at the WEB Business Hub. If You require further information about signing up for a Resident Desk You should contact the Community Manager; b) You may sign up for a rolling monthly package. Discounts applies if you sign for six (6) or twelve (12) months’. At the end of the contract, if the contract is not renewed discounts will be voided and the rolling monthly package will apply; c) Use of a Resident Desk after which period Your right to use the Resident Desk will, subject to the desk remaining available for Your exclusive use, run from one month to the next until You cancel the arrangement by one (1) calendar month’s prior notice in writing by completing this form or email [email protected] if you are on a rolling monthly package or at the end of your contract; d) Resident Desk Fees are payable monthly via direct debit from Your Bank Account or Card; e) 24/7 access to the WEB Business Hub is available for an additional fee; f) The ability to use the WEB Business Hub as your business address; g) Use of the Meeting Rooms for up to eight (8) hours per month unless otherwise specified in agreement; and h) Access to showers, changing rooms and bike storage located at the WEB Business Hub. Offices a) Subject to availability, You may sign up for an office at the WEB Business Hub. If You require further information about signing up for an office You should contact the Community Manager; b) You may sign up for a minimum six (6) or twelve (12) months’ subject to agreement terms after which period Your right to use the office will, subject to the office remaining available for Your exclusive use, run from one month to the next until You cancel the arrangement by one (1) calendar month’s (30 calendar days) prior notice in writing by completing this form or email [email protected] or a new agreement is signed to cover an extended period of time. Additional notice in writing is greatly appreciated; c) At the end of the contract, if the contract is not renewed any discounts will be voided and the rolling monthly package will apply; d) Office Fees are payable monthly via direct debit from Your Bank Account or Card; and e) Office entitlements i.e. meeting room allocation, swipe card and printer credit will be outlined in agreement and varies depending on the amount of persons the office has been agreed to accommodate. Virtual office a) Paid use of the WEB Business Hub’s PO Box located at 18 Edgar Street Port Hedland Western Australia 6721 on a rolling monthly or annual agreement; and b) This does not entitle any use of the space, however member rates of $35 + GST per day for coworking apply. Connect membership a) Allows connect members a free preview of the online community platform only. If further information required on any member details a paid community membership will be required; b) 25% off day rate of $40 + GST available for connect members to drop into the WEB Business Hub on a “fair use” policy only; c) 5% off meeting room only price, this discount is not applicable off catering requirements; d) Attendance of up to 4 community events only per calendar year at the WEB Business Hub. Prior notice of registration of 2 business days is required to attend these events; and e) Preview of the WEB’s app for connect members only. Full app access will require ongoing paid community access either on a rolling or annual agreement
INTRODUCTION Welcome to Startup Elevation’s and Oslo International Hub’s (we) joint privacy policy. We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you or your organisation applies to become a member of us and when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. This privacy policy is provided in a layered format so you can click through to the specific areas set out below.
- IMPORTANT INFORMATION AND WHO WE ARE
- THE DATA WE COLLECT ABOUT YOU
- HOW IS YOUR PERSONAL DATA COLLECTED?
- HOW WE USE YOUR PERSONAL DATA
- DISCLOSURES OF YOUR PERSONAL DATA
- INTERNATIONAL TRANSFERS
- DATA SECURITY**
- DATA RETENTION
- YOUR LEGAL RIGHTS
- IMPORTANT INFORMATION AND WHO WE ARE 1.1 Purpose of this privacy policy 1.1.1 This privacy policy aims to give you information on how we collect and process your personal data through your use of this website, including any data you may provide through this website when you apply for or renew membership or apply for services, create an account on our website, subscribe to our newsletter or contact us. 1.1.2 This website is not intended for children and we do not knowingly collect data relating to children. 1.1.3 It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them. 1.2 Controller 1.2.1 Startup Elevation AS and Oslo International Hub AS are located at Oscars gate 27, 0352, Oslo, Norway. Startup Elevation is the facility’s manager operating various buildings and Oslo International Hub is an incubator and a welcoe center for expats and repats. 1.2.2 We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below. 1.3 Contact details** If you have any questions about this privacy policy or our privacy practices, please contact our DPO at [email protected] ** 1.4 Complaints** 1.4.1 If you feel we have been unable, or unwilling, to resolve your information rights concern, you have the right to lodge a complaint with the Data Protection Authority (DPA). The DPA is the supervisory authority responsible for data protection in the Kingdom of Norway. **1.5 Changes to the privacy policy and your duty to inform us of changes ** 1.5.1 We keep our privacy policy under regular review. 1.5.2 It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. 1.6 Third-party links This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.
- THE DATA WE COLLECT ABOUT YOU 2.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). 2.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows: 2.2.1 Identity Data includes first name, last name, username or similar identifier, title, and gender. 2.2.2 Contact Data includes organisation, organisation address, billing address, email address and telephone numbers. 2.2.3 Financial Data includes bank account and payment card details. 2.2.4 Transaction Data includes details about payments from you and other details of services you have purchased from us. 2.2.5 Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website. 2.2.6 Profile Data includes your username and password. purchases or orders made by you and your interests if indicated by you. 2.2.7 Usage Data includes information about how you use our website and services. 2.2.8 Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. 2.3 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy. 2.4 We do not collect any **Special Categories of Personal Data **about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. 2.5 If you fail to provide personal data 2.6 Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide your with membership services). In this case, we may have to cancel the contract but we will notify you if this is the case at the time.
- HOW IS YOUR PERSONAL DATA COLLECTED?
3.1 We use different methods to collect data from and about you including through:
3.1.1** Direct interactions**. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
(a) apply for membership plan with us or you apply for membership plan with us on behalf of your organisation;
(b) create an account on our website;
(c) log into the members area of our website;
(d) request Membership services;
(e) request marketing to be sent to you; or
(f) give us feedback or contact us.
(g) book a venue/ meeting room / conference room
(h) participate to one of our events/gatherings. 3.1.2 Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy [LINK] for further details. 3.1.3 Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below: Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as
- Stripe payment gateway solutions
- Google analytics
- Pro ISP web services located in Norway
- Salto KS access management systems
- HOW WE USE YOUR PERSONAL DATA 4.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: 4.1.1 Where we need to perform the contract we are about to enter into or have entered into with you or your organisation. 4.1.2 Where it is necessary for our legitimate interests which are outside the scope of our tasks as a public authority (or those of a third party) and your interests and fundamental rights do not override those interests. 4.1.3 In the exercise of official authority (i.e. in respect of our public functions and powers that are set out in law) or to perform a specific task in the public interest that is set out in law. 4.1.4 Where we need to comply with a legal obligation. 4.2 Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. 4.3 Purposes for which we will use your personal data We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at [email protected] if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest To register you or your organisation as a new member (a) Identity (b) Contact Performance of a contract with you / your organisation To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us (a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications (a) Performance of a contract with you / your organisation (b) Necessary for our legitimate interests (to recover debts due to us) (c) In the exercise of official authority or to perform a specific task in the public interest To manage our relationship with you / your organisation which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey (a) Identity (b) Contact (c) Profile (d) Marketing and Communications (a) Performance of a contract with you / your organisation (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how members use our services) (d) In the exercise of official authority or to perform a specific task in the public interest To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity (b) Contact (c) Technical (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or restructuring exercise) (b) Necessary to comply with a legal obligation (c) In the exercise of official authority or to perform a specific task in the public interest To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical (a) Necessary for our legitimate interests (to study how members use our services, to develop them, to grow our business and to inform our marketing strategy) (b) In the exercise of official authority or to perform a specific task in the public interest. To use data analytics to improve our website, services, marketing, member relationships and experiences (a) Technical (b) Usage (a) Necessary for our legitimate interests (to define types of members for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) (b) In the exercise of official authority or to perform a specific task in the public interest To make suggestions and recommendations to you about services that may be of interest to you and/or your organisation (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile (f) Marketing and Communications (a) Necessary for our legitimate interests (to develop services and grow our business) (b) In the exercise of official authority or to perform a specific task in the public interest 4.4 Marketing 4.4.1 Promotional offers from us (a) We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you. (b) You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing. 4.4.2 **Third-party marketing ** We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. 4.4.3 Opting out (a) You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. (b) Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a purchase of a service or other transaction. 4.4.4 Cookies You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see Cookies **4.4.5 Change of purpose ** (a) We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. (b) If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. (c) Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
- DISCLOSURES OF YOUR PERSONAL DATA 5.1 We may share your personal data with the parties set out below for the purposes set out in the table in section 4 above 5.2 Our partner Oslo International Hub, LL Holding and all its daughter companies, 5.3 External third parties such as 5.3.1 service providers acting as processors who provide web hosting services, data storage and back up services (currently Pro ISP, Amazon Services.). 5.3.2 our electronic payment provider which is a controller in its own right (currently stripe whose privacy notice can be found here: https://stripe.com/en-no/privacy
5.3.3 professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide legal, banking, accounting, insurance and consultancy, services. 5.4 Norwegian authorities, regulators and other authorities acting as processors or joint controllers based who require reporting of processing activities in certain circumstances. 5.5 Third parties to whom we may choose to transfer or merge parts of our current operations. If a change happens to our operations, then the new operator may use your personal data in the same way as set out in this privacy policy. 5.6 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. 6. INTERNATIONAL TRANSFERS 6.1 Some of our external third parties are based outside Norway or the EEA so their processing of your personal data will involve a transfer of data outside the UK or the EEA. Whenever we transfer your personal data out of Norway or the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: 6.1.1 We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en . 6.1.2 Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en. 6.1.3 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between Europe and the US. For further details, see European Commission: EU-US Privacy Shield at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_en. 6.2 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK or the EEA. 7. DATA SECURITY We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 8. DATA RETENTION 8.1 How long will you use my personal data for? 8.1.1 We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. 8.1.2 To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. 8.1.3 By law we have to keep basic information about our members (including Contact, Identity, Financial and Transaction Data) for six (6) years after they cease being members for tax purposes. 8.1.4 In some circumstances you can ask us to delete your data: see Your legal rights below for further information. 8.1.5 In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. 9. YOUR LEGAL RIGHTS 9.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data. 9.2 You have the right to: 9.2.1 Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. 9.2.2 Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. 9.2.3 Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. 9.2.4 Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. 9.2.5 Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) If you want us to establish the data's accuracy. (b) Where our use of the data is unlawful but you do not want us to erase it. (c) Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. (d) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. 9.2.6 Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 9.2.7 Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. 9.3 If you wish to exercise any of the rights set out above, please contact us at [email protected]. 9.4 No fee usually required You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. 9.5 What we may need from you We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. 9.6 Time limit to respond We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.