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BRAVATRAK

TERMS AND CONDITIONS OF SERVICE

PLEASE READ THESE BRAVATRAK TERMS AND CONDITIONS OF SERVICE CAREFULLY.

These BravaTrak Terms and Conditions of Service set out the terms and conditions upon which Brava Limited makes available the BravaTrak service.

These BravaTrak Terms and Conditions of Service prevail over any additional or inconsistent terms and conditions that may be specified by any user or organisation, and no variation to these BravaTrak Terms and Conditions of Service will be binding on Brava Limited, unless specifically accepted by Brava Limited in writing.

By clicking “I accept and have read the BravaTrak Terms and Conditions of Service” during the user registration process, you will be deemed to have accepted these BravaTrak Terms and Conditions of Service.

If you do not accept these BravaTrak Terms and Conditions of Service, you must not use or access the BravaTrak service.

  1. DEFINITIONS

    1.1                For the purposes of these Conditions, the following terms have the following meanings:

    Conditions means these BravaTrak Terms and Conditions of Service;

    Content means the information and content available via the Service;

    Intellectual Property Rights means all industrial and intellectual property rights (including applications for such rights) whether conferred by statute, at common law or in equity, including, but not limited to all copyrights and similar rights that may subsist in works or other subject matter, rights in relation to inventions (including all patents and patent applications), rights in relation to trade secrets and confidential information, rights in relation to designs (whether or not registrable), rights in relation to registered and unregistered trade marks and business names, rights in relation to circuit layouts, and other rights as defined by Article 2 of the Convention of July 1967 establishing the World Intellectual Property Organisation as may exist anywhere in the world;

    Service means the BravaTrak subscription service provided by us (as may be modified, enhanced, developed or improved from time to time) and accessible via www.bravatrakapp.com or such other website as we may determine from time to time;

    Subscriber means an organisation or business that you are accessing or using the Service on behalf of, being either:

    (a)         a BravaTrak distributor or reseller that we have permitted to access to Service; or

    (b)         a person, company or other organisation that has a BravaTrak subscription with us or one of our resellers or distributors;

    Subscriber Content means any data, reports or other information uploaded to the Service or generated via the Service, that is specific to the Subscriber;

    We or our or us means Brava Limited; and

    You or your means a person who registers with us as a licensed user of the Service as authorised by the Subscriber.

  2. LICENCE TO USE THE SERVICE

    2.1                We grant to you a licence to access and use the Service solely for the internal business purposes of the Subscriber. This licence is non-exclusive, non-transferable and non-sublicensable.

    2.2                The Subscriber’s subscription may include limits on the number of users who may register to use and access the Service. We may also impose restrictions on what particular types of users may do, and what information they may access, when they use the Service.

  3. ACCESSING THE SERVICE

    3.1                You are responsible for keeping your registration login information, including your user account name and password issued to you, secret and secure. You must not permit any other person to use your login information. You must immediately notify us of any unauthorised use of your login information, and in such event we may take such actions as we deem reasonably necessary in order to maintain or enhance the security of the Service, including by temporarily suspending the Subscriber’s subscription or your access to the Service or resetting any or all user passwords.

    3.2                You are responsible for making sure that your user registration details are kept up to date and are accurate. We are not responsible for any loss, damage, cost or expense arising as a result of any failure by you to keep your user registration details up to date, or as a result of any inaccurate information provided by you.

    3.3                We reserve the right to cancel or suspend your access to or use of the Service at any time and for any reason (but subject to any agreement in place between the Subscriber and us or the applicable reseller or distributor).

    3.4                To use the Service, you will need compatible devices and operating systems, and internet access. It is the responsibility of you or the relevant Subscriber to ensure that the software, hardware and systems being used by you are able to operate with the Service, and meet any minimum specifications that may be notified by us to the Subscriber from time to time.

    3.5                We may also allow you to participate in user forums or social media platforms relating to the Service. Any such participation will be restricted to active Service subscribers and their licensed users and other personnel authorised by us, and will be subject to such terms and conditions as we determine at our sole discretion.

  4. PROHIBITIONS ON USE

    4.1                You must not do any of the following things:

    (a)         use the Service for the transmission of illegal or offensive material, or in any fraudulent or unlawful manner;

    (b)         use the Service for the transmission of material that contains software viruses or any other disabling or damaging programs;

    (c)         use the Service in any way that would violate any Intellectual Property Rights of any third party;

    (d)         damage, disable, interfere with or harm the Service, or any network or system underlying or connected to the Service, in any way whatsoever;

    (e)         modify, adapt, translate, reverse engineer or decompile any part of the Service, or any software comprising or underlying the Service, or in any manner attempt to derive the source code of any such software;

    (f)           use any robot, spider, site search/retrieval application, or other device or technological process to retrieve or index any portion of the Service, except as expressly authorised by us in writing; or

    (g)         encourage, assist or direct any other person to do any of the things set out in paragraphs (a) to (f) above.

    If you do any of these things, you will be responsible to us for any losses, damages, costs or expenses incurred or suffered by us as a result.

  5. OUR RIGHTS IN THE SERVICE AND CONTENT

    5.1                You acknowledge that:

    (a)         the Service is of significant commercial value to us and our licensors;

    (b)         legal and beneficial ownership of:

    (i)           the Service;

    (ii)          the Content; and

    (iii)         all Intellectual Property Rights in or to the Service or the Content (BravaTrak IP),

    will vest with us or our third-party licensor; 

    (c)         you may not use, copy or distribute any of the Content, except to the extent required for the internal business purposes of the Subscriber, but without limiting the other restrictions and prohibitions under these Conditions. Any use, copying or distribution of any Content outside the period of the Subscriber’s subscription to the Service is prohibited; and 

    (d)         except as expressly stated in these Conditions, no right or licence is granted to you in relation to the Service or any Content.

    5.2                You may not do any of the following:

    (a)         download, print or copy any of the Content from the Service except to the extent we have included links to that Content on the Service specifically for the purpose of enabling users to print or download that Content. You may only use any Content downloaded or printed by you for so long as you remain a licensed user of the Service;

    (b)         compile or extract the Content for the purpose of making such information available to others (whether as a directory or otherwise) with a view to a profit or for a fee or other consideration; or

    (c)         use any proprietary trade mark of us or our licensors in a manner that is reasonably considered by us or our licensors to be a misuse or appropriation of that trade mark.

    5.3                Nothing in clauses 5.1 or 5.2 will:

    (a)         give us any rights or interests in any Subscriber Content, other than to the extent necessary to provide the Service, and any such rights or interests will remain with the Subscriber; or

    (b)         limit the Subscriber’s right to use, copy or otherwise exploit its Subscriber Content in any way that it may see fit.

  6. SERVICE AVAILABILITY

    6.1                We will use reasonable endeavours to keep the Service operational 24 hours a day, seven days a week. However, no warranty or representation is given that the Service will be uninterrupted or error-free.

    6.2                Any bugs, errors, defects or unexplained outages within the Service that you become aware of should be reported to the person within the Subscriber organisation who is responsible for administering the Subscriber’s subscription to the Service, and that person may report the issue by email to our dedicated helpdesk. No warranty or representation is given by us that any bugs, errors, defects or unexplained outages within the Service will be responded to or resolved within any particular time period, or that any resolution to a particular issue will be possible or practical from a technical or business administrative perspective.

    6.3                You acknowledge that:

    (a)         the operation and availability of the systems and networks used by you to access the Service, such as computer systems and the Internet, may be unpredictable and prevent use of or access to the Service; and

    (b)         there may be occasions where some or all of the Service is unavailable, for example to permit maintenance, or due to unexpected or uncontrollable outages. We will use reasonable endeavours to notify users in advance of any significant planned service outages.

    6.4                You must not use the Service for any purpose that requires uninterrupted availability of the Service and where interruption of the Service may cause death, personal injury, physical injury or property damage.

  7. DATA SECURITY PRIVACY

    7.1                We will exercise reasonable efforts to ensure the security of your communications when you use or access the Service. However, for reasons beyond our control, we cannot promise or guarantee that such communications will be completely secure.

    7.2                In the course of providing the Service we may collect, use, disclose, and hold personal information and other data about identifiable individuals, as well as other data about the Subscriber and its business affairs, employees, users, and customers.  This information will be used, disclosed and held by us in accordance with our Privacy Policy.

    7.3                You acknowledge that you have read our Privacy Policy and accept its terms and conditions.  You acknowledge that our Privacy Policy may be amended or reviewed from time to time and that your continued use of the Service after notification of such amendments or revisions will constitute acceptance of those amendments or revisions.

    7.4                If you provide us with any personal information about any third party, then you warrant to us that you have obtained all necessary consents and authorisations from that third party to enable us to collect, use, disclose and hold such personal information in accordance with our Privacy Policy.

  8. WARRANTIES AND LIABILITY

    8.1                We warrant and represent to you that:

    (a)         we are entitled to provide the Service subject to the terms of these Conditions; and

    (b)         to the best of our knowledge, the use and accessing of the Service by you will not infringe the Intellectual Property Rights of any third party, provided that no such warranty or representation is given to the extent that any such infringement arises as a result of Subscriber Content or your breach of these Conditions.

    8.2                You acknowledge that:

    (a)         we are not responsible for any loss or corruption of any data or other information contained within or created using the Service. The Subscriber is responsible for ensuring its own backup of any data accessed from the Service by its users;

    (b)         in entering into these Conditions, you do not rely on any representation, warranty, term or condition that is not expressly provided in these Conditions; and

    (c)         all conditions, warranties or other terms implied by statute or common law are excluded from these Conditions, to the fullest extent permitted by law.

    8.3                Without limiting the scope of clause 8.2 we do not give any warranty, representation or undertaking:

    (a)         about the efficacy or usefulness of the Service, or about any fitness for a particular purpose or merchantability;

    (b)         that the Service will be free from bugs, defects, errors or outages; or

    (c)         that any Content generated or accessible via the Service will be accurate or complete.

    8.4                Without limiting clauses 8.2 or 8.3, our maximum liability to you (whether in contract, tort, negligence or in any other way) arising out of any and all claims under these Conditions or relating to the Service, will not in any circumstances exceed in aggregate the total subscription fees payable by the Subscriber in connection with your use of the Service for the month in which such liability first arose.

    8.5                In no event will we be liable (whether in contract, tort, negligence or in any other way) to you for:

    (a)         loss of revenue or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or

    (b)         loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature,

    arising directly or indirectly from the Service or these Conditions, even if we had been advised of the possibility of such loss, damage, cost or expense, and even if such loss, damage, cost or expense was reasonably foreseeable by us.

    8.6                None of the exclusions or limitations set out in these Conditions is intended to limit or exclude any form of liability that cannot be so limited or excluded under applicable law.

  9. GENERAL

    9.1                We will not be liable for any failure to provide the Service due to an event of Force Majeure. For the purposes of this clause 9.1, Force Majeure includes any inability to obtain supplies or labour, industrial disputes, delays, act of God, fire, flood, storm, adverse weather conditions, or other matters beyond our reasonable control.

    9.2                These Conditions embody the entire agreement of the parties in relation to the subject matter of these Conditions and supersede all prior understandings, communications and representations between the parties, whether oral or written.  The parties acknowledge that they do not rely on any representation, agreement, term or condition that is not set out in these Conditions.

    9.3                You may not assign, transfer or sub-contract any of your rights or obligations under these Conditions, without first obtaining our written consent. 

    9.4                We reserve the right to change these Conditions at any time. In the event of a change, we will endeavour to notify the Subscriber and its users by email, or by posting a notification of the change on the site where the Service is located. Your continued use of the Service following any such notification will be regarded by us as acceptance by you of those changes. No other amendment to these Conditions will be effective unless in writing and signed by an authorised representative of us.

    9.5                These Conditions will be governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.

     

     

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BRAVA LIMITED

PRIVACY POLICY FOR BRAVATRAK

Last updated 28th May 2019

 

Brava Limited, a company based in New Zealand, together with its affiliates (collectively we, our or us in this Privacy Policy) is committed to maintaining the privacy of the information of its customers and other users of its products and services.

In the course of our business dealings with you we may collect, use, disclose, and hold information about identified or identifiable persons (Personal Information), as well as other business or technical data. 

This Privacy Policy describes how we collect, use, store and distribute Personal Information and other data, and describes the purposes for which we may use, disclose or hold such Personal Information and other data.

Information that we collect from you

During the course of your relationship with us, or your use of our BravaTrak (Service), we may collect the following information:

  1. We will collect personal details from you during the course of your establishing and maintaining an account or user profile with us via the Service, such as your name, user name, passwords, address, email address and phone numbers, and employment details.
  2. We may also collect details of your subscribing organisation, including organisation structure details, employee details, email and contact addresses, and SMTP email server details.
  3. We will collect data that is inputted or uploaded by users into the Service, or that is inputted, uploaded or provided to us by our distributors or resellers in connection with the Service.
  4. We will collect data related to the use of the Service, including details of the pages visited, the reports generated and the data accessed.
  5. We may collect other Personal Information and data during the course or as a result of your relationship with us, including where necessary to enable us to provide products and services to you or to respond to requests for further information. 

We may also obtain information about you or your subscribing organisation from our resellers or distributors during the course of that reseller or distributor establishing or maintaining a subscription from the organisation you are accessing or using the Service on behalf of. This may include details of your name, email address and phone number, and employment details.

How we use Personal Information and other data

We will use, disclose and hold Personal Information and data collected by us for the following purposes:

  1. to enable us to operate the Service (where applicable) for the benefit of you or the applicable organisation subscriber;
  2. to establish and maintain any user account you hold with us;
  3. to enable us or our resellers or distributors to establish and maintain any subscriber account your subscribing organisation may hold;
  4. to respond to your queries or requests for additional information or support;
  5. to provide any after-sales service required by you;
  6. to maintain our records;
  7. to provide technical support and administration services in relation to the Service;
  8. to keep you informed about products, services, events, promotions or any other marketing activities, but only to the extent permissible under applicable laws, and subject to any other restrictions contained in this Privacy Policy;
  9. to the extent necessary to enable our resellers and distributors to provide additional support and services to you or your organisation subscriber in relation to the Service;
  10. for product development or research purposes; and
  11. to evaluate customer satisfaction and the performance of marketing activities.

Other users of the Service within your organisation subscriber may also have access to your Personal Information and data, as necessary to enable them to operate and use the Service for the benefit of that organisation. Their levels of access will depend on their licensed user status within the organisation's subscription.

If your subscribing organisation's subscription has been established by a reseller or distributor, then that reseller or distributor will also have access to your Personal Information and data inputted into the Service or provided by your subscribing organisation, as necessary to administer and maintain that subscription and to assist us in providing the Service.

Lawful basis for processing Personal Information

We will always make sure that we have a lawful basis for the processing of your Personal Information.

In particular, we may need to process your Personal Information to pursue our legitimate business interests. This includes to enable us to operate the Service, and our other apps or websites on which we may make available products, services or information from time to time (Apps and Websites), for the benefit of users and subscribers. In claiming legitimate business interests to process your Personal Information, we will balance those legitimate business interests against your own interests – which may in some cases override our legitimate business interests.

In addition to our legitimate business interests:

  1. we obtain the consent of Service users and subscribers to the collection, use and processing of Personal Information, where possible. We do this by requiring anyone who registers as a licensed user to confirm their acceptance of the terms of this Privacy Policy; and
  2. In some circumstances, we will have a legal obligation to process certain Personal Information.

Cookies

Our Service and the Apps and Websites may use cookies.  “Cookies” are small text files that are placed on computers, devices or browsers used to access websites, apps or other internet content.  We may use cookies to remember information about your personal preferences and user settings for the Service or those Apps and Websites, to analyse Service or App and Website traffic and trends, and to generally understand the behaviours and interests of people who use the Service or our Apps and Websites.

Our cookies will only use information about your personal preferences and user settings so that the Service or our Apps and Websites will remember your details next time you visit.  We may use, disclose or sell other data collected by us from cookies for other purposes, but only on an aggregated basis and in a way that ensures that no individual or organisation is able to be identified from such information. 

You may be able to change the settings on the device that you use to access the Service or the Apps and Websites in order to reject or limit the use of cookies, but this may reduce the functionality of the Service or the Apps and Websites.

Please note that users based in the European Union will be asked to accept the use of cookies before these can be enabled on their devices.

Statistical data that we collect

During your use of the Service or our Apps and Websites we may collect statistical data about such use, such as the date, time and length of your use, the pages of the Service or our Apps and Websites that you visit, and information about the device you are using to access the Service or our Apps and Websites. This information may be collected by software operating on the Service or our Apps and Websites, or by third party service providers on our behalf. 

We may use and disclose such statistical data for the following purposes:

  1. to measure the effectiveness of any services or features provided via the Service and our Apps and Websites;
  2. to better direct users to services that might interest them;
  3. to identify user behaviour and user trends on the Service and our Apps and Websites;
  4. to maintain and optimise the technical performance, operation and security of any products or services (including the Service and our Apps and Websites) provided by us; and
  5. to assist in resource planning.

We may disclose or sell such statistical data to others for any purpose, but only on an aggregated basis and in a way that ensures that no individual or organisation is able to be identified from such data. 

User and subject data

We may also use, sell or disclose any of the data about subscribers, users of the Service and other persons that we collect for any purpose other than those purposes expressly permitted under this Privacy Policy. This may include data relating to the Coaching Assessment or Coaching Rhythm features of the Service, or selected parts of checklists uploaded by users to the Service. For example, we may publish this data, or analyses of this data, to demonstrate best practice or to illustrate departures from best practice.

Any such data will only be disclosed on an aggregated basis and in a way that ensures that no individual or organisation is able to be identified from such data.    

Marketing

We may use Personal Information and other data collected by us or via the Service or our Apps and Websites to send or email to you marketing or promotional information about our services or products, or the services or products of other companies (Direct Marketing Information), but only if you have expressly given us permission to do so.   

If you have given us permission to send to you Direct Marketing Information, and you later decide that you do not want us to send you any further Direct Marketing Information, you can contact us at any time to request that we stop sending you such information.  You can either contact our Data Protection Officer (see the details at the end of this Privacy Policy) or use the “Unsubscribe” facility at the bottom of any Direct Marketing Information email or communication that we send you.

We will not sell your Personal Information or other data to direct marketers unless you have expressly given us permission to do so.

Business acquisition

We may transfer your Personal Information and other data to another entity in connection with a sale of our business or assets, or a merger or consolidation or restructuring of our business or company, or any other transaction in which a third party acquires ownership of any rights in the Service and our Apps and Websites.

We may also transfer your Personal Information and other data to a replacement reseller or distributor, where the subscribing organisation's then current reseller or distributor is no longer going to be administering or maintaining the subscribing organisation's subscription to the Service.

If we transfer any of your Personal Information and other data in such circumstances, we will ensure that such Personal Information and other data remain protected and that the recipient of that Personal Information and other data agrees to be bound by privacy practices and obligations that are consistent with our own under this Policy.

Disclosure of information to third-parties

We will not use your Personal Information and other data, or disclose your Personal Information and other data to third parties, except:

  1. to the extent reasonably necessary to achieve any of the purposes described in this Privacy Policy; or
  2. where we reasonably believe that such use or disclosure is required or expressly permitted under any applicable law.

Holding Personal Information

We will not hold your Personal Information and other data for longer than is reasonably required for the purposes for which we may lawfully use that Personal Information or data.

In particular, we will hold your Personal Data for so long as you continue to use the Service and our Apps and Websites, and for a reasonable period after this.

Following that period we will delete your Personal Information, or mask or anonymise your Personal Information so that it can no longer be used to identify you.

Security

We will use all reasonable endeavours to effect and maintain adequate security measures to safeguard your Personal Information and other data we hold from loss or unauthorised access, use, modification or disclosure. 

Transfer of Information

We may transfer the information described in this Privacy Policy to or from other countries where necessary to enable us to operate the Service and our Apps and Websites, and to supply any products or services ordered by you.

In particular, the Service and our Apps and Websites are operated using servers and systems located in New Zealand, the United Kingdom and Australia. In particular, Personal Information is transferred to servers operated by Microsoft in the United Kingdom (in the case of United Kingdom and European users) and Australia (in the case of New Zealand and Australian users) under the Microsoft Azure cloud hosting service.

The European Commission has recognised New Zealand and the United States (limited to the Privacy Shield framework) as providing adequate protection for the personal data of European Union subjects.

We will ensure that appropriate safeguards are in place as prescribed by the European Union’s General Data Protection Regulation (GDPR), before we transfer any Personal Information of any European Union subjects to any data processor based in any country that the European Commission has not recognised as providing adequate protection for the personal data of European Union subjects. As a minimum, we will ensure that the data processor agrees to be bound by the European Commission’s Standard Contractual Clauses for the protection of personal data, or (in the case of the US) will ensure that the entity is Privacy Shield certified.

When Microsoft processes the Personal Information of European Union subjects it also ensures that appropriate safeguards are in place that are prescribed by the GDPR – i.e., by entering into the European Commission’s Standard Contractual Clauses with the entity the data is transferred to, or by ensuring that the entity is Privacy Shield certified (for transfers to US based entities). See https://www.microsoft.com/en-us/trustcenter/Privacy/GDPR for details of Microsoft's privacy and data practices.

Use of third-party websites

If you access any third-party websites via a link from any of the Service or our Apps and Websites, you will leave the Service or that App or Website. By accessing these links you are not covered by the policies relating to the Service or that App or Website. We are not responsible for the content of any third-party websites, or their use of your Personal Information or other data.

Subscriber privacy practices

We have no control over the privacy practices of the organisation subscriber that you are accessing or using the Service on behalf of. In particular, we cannot control what that organisation may do with the information you input or upload into the Service, or the information that you provide to that organisation for the purposes of their inputting or uploading that information into the Service. You should ensure that any organisation you provide Personal Information or other valuable data to has appropriate privacy practices in place that protect that Personal Information or data from misuse and unauthorised disclosure.

Your rights to access, correct and delete Personal Information

You have rights to information about your Personal Information that we collect and process. This information includes:

  1. details of the Personal Information that we collect and process, including the categories of Personal Information concerned, and purposes of any processing;
  2. the recipients or categories of recipient to whom the Personal Information have been or will be disclosed;
  3. where possible, the envisaged period for which the Personal Information will be stored, or, if not possible, the criteria used to determine that period; and
  4. where your Personal Information is not collected from you, any available information as to the source of that Personal Information.

You also have the right to request from us the rectification or erasure of your Personal Information, to request from us the restriction of processing of your Personal Information, and to object to our processing of your Personal Information.

If you want to access, correct or seek the erasure of your Personal Information or data, please contact our Data Protection Officer (see below) and he/she will tell you how to make a request and if any charges will apply. 

EU subjects may complain to a supervisory authority

European Union subjects have the right to lodge a complaint about our Personal Information processing activities with a supervisory authority in the EU Member State where they are based or where the data processing activity took place.

Our Data Protection Officer can help you to identify who your supervisory authority is.

Data Protection Officer

For any queries or further information about our Privacy Policy, or about our privacy or data practices, please contact our Data Protection Officer. This person’s contact details are as follows:

Brava Limited Data Protection Officer

Suite 106, 23 Edwin Street, Mount Eden, Auckland 1024, New Zealand

matts@bravatrak.com

+64 9 623 3662

 

Amendments to the Privacy Policy

We may amend this Privacy Policy from time to time. Any such amendments will be effective immediately, unless we state otherwise.  We will take reasonable steps to notify users of any such amendments.

Your continued use of the Service or our Apps and Websites after any such notice will constitute your acceptance of any amendments or revisions to this Privacy Policy.

You should periodically review this Privacy Policy for the latest information about our privacy practices.

Who we are

 

For the purposes of the GDPR, Brava Limited is both a controller and processor of data. Our registered office is located at Marley Loft, Level 6, 130 Broadway, Newmarket, Auckland, New Zealand