Website, Data Systems and Access Terms & Conditions
Website, Data Systems and Access Terms and Co
Use of the website
- use the website in breach of any applicable laws or regulations;
- download material from the website unless they have obtained the consent of the person to which the material relates to the collection, storage and disclosure of Personal Information (as defined in the Privacy Act 1988(Cth)) in accordance with the Privacy Act 1988(Cth) of that person.
- use the website (or material obtained from the website):
- to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
- to impersonate any person or entity;
- to solicit money, passwords or personal information from any person;
- to harm, abuse, harass, stalk, threaten or otherwise offend others; or
- for any unlawful purposes;
- interfere with, disrupt, or create an undue burden on Alcolizer;
- use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of Alcolizer or the website;
- use the website with the assistance of any automated scripting tool or software;
- frame or mirror any part of the website without Alcolizer’s prior written authorisation;
- use code or other devices containing any reference to the website to direct other persons to any other web page;
- except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or cause any other person to do so;
- delete any attributions or legal or proprietary notices on the website.
User’s Warranties and Acknowledgments
- The user and Customer warrant, acknowledge and agree that:
- they have obtained the consent of the person to which the material or data on the website to the collection, storage and disclosure under the website of the Personal Information (as defined in the Privacy Act 1988 (Cth)) in accordance with the Privacy Act 1988 (Cth);
- they will keep secure, confidential and private all material and data of a person obtained from the website and only use such material and data for analysing test results for the Customer and shall strictly not be used for any other purpose nor disclosed to any other party;
- they will not share their username or password or grant access to any third party to the website;
- Alcolizer may monitor the user’s or Customer’s use and access of the website and if it considers unreasonable access or abnormal activity is occurring, including whether there is excess downloading or multiple accesses from different locations, the user’s and the Customer’s access may be suspended or cancelled at the sole discretion of Alcolizer;
- all material and information on the website is provided in good faith and is believed to be accurate and current as at the date of publication. However, Alcolizer provides no warranty or guarantee that any material or information on the website or linked websites will be accurate or complete;
- all data, information, material, results, drug and alcohol tests and intellectual property rights, including but not limited to copyright in material downloaded from the website remains the ownership of Alcolizer;
- Alcolizer may analyse the user’s or the Customer’s data, information, material results, drug and alcohol tests, including but not limited for the purpose of conducting industry, location and customer benchmarking;
- they shall accept the full costs of any repair, correction, maintenance of any of its computer software and hardware which may be necessary as a consequence of them accessing the website;
- they are responsible for implementing and maintaining security, data and privacy protection measures on their own software, hardware, components and systems used to access the website;
- The user and Customer acknowledge that Alcolizer is not responsible or liable in any way whatsoever for:
- any financial loss occurring from the use of the website or from any information or advice which is provided to the user or any Customer via email or any other form of contact;
- any virus, spam, contamination, damage or loss as a direct or indirect consequence from the use of the website or email, Facebook, YouTube, Twitter, LinkedIn, or any other social media contact with Alcolizer;
- any difficulty they have in viewing videos or other information on the website;
- any disruption to their ability to access the website, where that inability is due to problems beyond Alcolizer’s control or planned maintenance;
- the accuracy or reliability of any material or data from the website or the content provided on or within third party websites, whether or not that third party website was recommended by Alcolizer;
- any information or material, services, advice provided or supplied by any third party website or link thereto, including personal data or payments or refunds. The user and Customer accept and takes full responsibility for any personal loss or damages arising from any linked or third party website accessed by them;
- their personal information being accessed, lost, misused or becoming insecure as a result of Alcolizer’s or any third party’s cloud storage, computer system or database being breached, hacked or compromised in any way whatsoever;
- any data loss, corruption, disruption, shutdown or downtime to the Customer’s or the user’s ability to access the website;
- their actions, including if they misread or misunderstood information, erroneously or otherwise act on information or fail to comply with the Terms; and
- defamatory, offensive or illegal conduct of any user or Customer whether caused through the negligence of Alcolizer, its employees or independent contractors, or through any other cause.
No Warranties and Limitation of Liability
- Notwithstanding anything contained herein the user and Customer acknowledge that no representation, warranty or condition, express or implied, is given by Alcolizer and its employees, agents or servants about the website or that the website complies with the rules, regulations, laws and legislation of the place where the user or the Customer is located and Alcolizer and its employees, agents or servants will not be liable under any circumstance for any claims, losses or damages of any kind whatsoever (including but not limited to any indirect, special or consequential damage or injury to any person, corporation or other entity) by reason of or arising out of the website or the website not complying with such rules, regulations, laws and legislation or by reason of or arising out of any inaccuracy, error or omission in the website and any other information provided by or to Alcolizer.
Indemnity and Release
- The user and Customer hereby indemnify and hold harmless and shall continue to indemnify and hold harmless Alcolizer against all liabilities, actions, demands, claims, suits, causes of action, proceedings, costs and expenses (including legal costs on a full indemnity basis) suffered or incurred by Alcolizer by reason of, arising out of or referable to the use of the website, the release of any material or data from the website to any party or any breach or non-performance by the user or Customer of any provision of the Terms and on the part of the user or Customer to be observed and/or performed.
- The user and Customer hereby release and hold harmless Alcolizer and its employees, agents or servants from and against any and all liabilities, actions, claims, suits, causes of action and demands whatsoever that they may now or in the future have against Alcolizer and its employees, agents or servants arising out of or in connection with their use of the website or relying on any material or data on the website and this release may be pleaded as an absolute bar to any such claim against Alcolizer and its employees, agents or servants.
- Alcolizer may terminate access to the website at any time without giving any explanation or justification for the termination of access and Alcolizer has no liability for any costs, loses or damages of any kind arising as a consequence of terminating access to the website.
- If any part of the Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.
- The Terms will be governed by and interpreted in accordance with the laws of Western Australia, without giving effect to any principles of conflict of laws. You agree to the jurisdiction of the courts of Western Australia to determine any dispute arising out of the Terms.
- Alcolizer complies with the Australian Privacy Principles in relation to the collection and disclosure of information regarding users and is committed to respecting the privacy and security of information received from users of its website and services.
- agree to comply with this privacy statement; and
- consent to Alcolizer’s collection, storage, use and disclosure of personal information (including any sensitive information provided) in accordance with this privacy statement.
- Telephone numbers;
- Email addresses;
- Information disclosed by the customer to Alcolizer;
- Details of drug and alcohol test results uploaded by the customer; and
- Information disclosed in emails or online contact with the customers.
- when visiting its website or using AlcoCONNECT;
- when entering into an agreement with Alcolizer and/or another third party;
- when the customer requests Alcolizer forward information about them to a third party;
- from test results received from the use of Alcolizer’s products;
- a customer corresponds, or communicates with Alcolizer over the telephone or in any other manner including by letter, facsimile or email.
- aggregated information generated by its systems (or third party systems) to track its website’s and AlcoCONNECT’s traffic but that does not identify the customer personally including:
- information to track data such as the total number of visits to the website or AlcoCONNECT and the number of visits to specific areas of the website or AlcoCONNECT;
- the domain names of the website or AlcoCONNECT visitors’ internet service providers; and
- ‘cookies’ and ‘applets’ in its website systems or AlcoCONNECT. Cookies are a small element of data that a website can send to the Customer’s or the user’s browser, which may then be stored on the hard drive (session ID cookies will terminate once users simply close the browser, persistent cookies may however be stored on the user’s hard drive for an extended period of time). Cookies allow Alcolizer, among other things, to monitor traffic patterns, store the Customer and user preferences and settings and analyse how services are performing. The Customer and the users should be aware that most web browsers are set to accept cookies by default, but allow settings to be adjusted to remove or block cookies. Please note however that rejecting or removing cookies could affect the availability and functionality of the website or services.
- personal information about the customer such as name, address, telephone and facsimile number, email address, website usage and in some cases, billing details and general financial and credit information and drug and alcohol tests of persons within the organisation of the Customers.
- The type of information that Alcolizer collects about the customer and its workers (including users) are dependent on how the customer uses the services offered on the website and AlcoCONNECT.
- Generally, Alcolizer does not collect ‘sensitive information’ about its customers. Sensitive information includes (but is not limited to) information about race or ethnic origin, religion and sexual preferences. Alcolizer will only collect sensitive information in the event that it is necessary for the purpose of providing the customer with a product or service. In such circumstances, Alcolizer will only collect sensitive information with a customer’s consent unless it is required by law to collect such information.
- inform the customer of drug and alcohol tests and other products, services or offerings available from Alcolizer or its affiliates, including related entities and business associates, including any marketing material
- analyse data, information, material, results, drug and alcohol tests, including but not limited for the purpose of conducting industry, location and customer benchmarking;
- deliver targeted advertising by showing the Customer and users advertisements that are based on the type of content the Customer and the user access or read using internet based advertising. For example, as the Customer or the users browse the Website, one of the cookies placed on their devices will be an advertising cookie so Alcolizer can better understand what sort of pages or content the Customer and the users are interested in. The information collected about the Customer and the users’ devices enable us to group the Customer and user with other devices that have shown similar interests. Alcolizer can then display advertising to categories of the Customer and the users that is based on common interests;
- assist marketing and promotional activities by using analytics and advertising services. For example, for the purpose of customising and continually optimising the website, Alcolizer may use the following services:
- (conduct surveys or research about the Customer’s and the user’s opinion of current services and products or of potential new services and products that may be offered;
- carry out billing and subscription administration;
- communicate, interact and build its relationship with the Customer and the user, including better understanding their needs and interests, and ensuring a quality experience for them. For example, Alcolizer may use the following:
- monitor, develop or optimise the performance of its services;
- protect and enhance the safety and security of its services and the Customer or the users;
- provide information and technical support;
- conduct, manage, develop and protect its business;
- enforce its Terms;
- comply with laws and regulations in applicable jurisdictions;
- verify the Customer’s or the user’s identities and prevent fraud or other unauthorised or illegal activity;
- enable third parties to provide services to it;
- contact the Customer or the user regarding a product offered by an external business partner which may be of interest to the Customer or the user; and
- provide to likely or actual buyers of the whole or part of Alcolizer’s business or for internal restructuring purposes.
- Alcolizer may disclose the customer’s and their worker’s (including users) personal information to third parties for the purposes of analysing the drug and alcohol test results for the customer.
- Alcolizer may disclose the customer’s and their worker’s (including users) personal information to its training providers in order to facilitate the customer’s and their worker’s (including users) enrolment in a selected course.
- Alcolizer may also disclose the customer’s and their worker’s (including users) personal information to third party contractors who perform services for it including the management and maintenance of its information systems.
- Where the customer’s and their worker’s (including users) personal information is passed on to third party contractors, Alcolizer takes reasonable steps to ensure that these individuals and/or organisations are bound by confidentiality and privacy obligations in relation to the protection of the customer’s and their worker’s (including users) personal information. However, by using the website or services, or otherwise interacting with Alcolizer, the Customer and the users:
- acknowledge that, for information transmitted to Google (through use of Google Analytics, AdWords, cookies or similar technology), to the social media plug-ins described above, and to other third party service providers, those third parties may not be required to protect the information in a way that, overall, provides comparable safeguards to those in the Privacy Act 1988; and
- authorise the disclosure of its personal information to those third parties, or collection of its personal information by those third parties.
- Other than as outlined above, Alcolizer will not disclose the customer’s and their worker’s (including users) personal information without their consent unless disclosure is necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.
- Countries that have been identified as being subject to privacy laws that, overall, provide comparable safeguards to those under privacy laws in Australia; or
- A foreign person or entity where Alcolizer have transfer mechanisms in place to protect the Customer’s or the user’s personal information; or
- A recipient that has agreed to data protection and privacy commitments that, overall, provide comparable safeguards to those under privacy laws in Australia.
- Upon a customer’s request, Alcolizer will provide them with access to their personal information unless there is an exception which applies under the Australian Privacy Principles. If Alcolizer denies such access, the customer will be told why.
- Alcolizer may recover any reasonable costs incurred in providing the customer with access to the requested information. To request access to personal information, please contact Alcolizer using one of the contact options provided on the website or in AlcoCONNECT.
- A customer can access their profile within AlcoCONNECT at any time.
- Alcolizer takes reasonable steps to protect the security of the customer’s or their worker’s (including users) personal information in accordance with this Privacy Statement. Unfortunately, no data transmission over the internet can be guaranteed to be totally secure. Whilst Alcolizer strives to protect such information, it cannot ensure or provide any warranties in respect of the security of any information the customer provides to it or obtains from the website or Alcolizer. Accordingly, use of the website and AlcoCONNECT is at the customer’s own risk. Once any personal information comes into Alcolizer’s possession, it will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.
- Alcolizer will, if required by the National Data Breaches Scheme, notify the customer and the Australian Information Commission of any eligible data breach and comply with all requirements of the National Data Breaches Scheme.
- From time to time, Alcolizer may make changes to this Privacy Statement. Accordingly, the customer should periodically review this statement to remain informed about how Alcolizer collects and protects personal information.
- The customer’s continued use of the Alcolizer website constitutes acceptance of the collection, use and disclosure of personal information to the extent outlined in this Privacy Statement as amended from time to time.
- For further information about the protection of a customer’s privacy, please visit the Office of the Australian Information Commissioner’s website at http://www.oaic.gov.au.
- Alcolizer welcomes ideas and feedback about all aspects of the Alcolizer website. This feedback may be used to administer and refine the services provides and may be shared with Alcolizer partners either in aggregate form or with specific identifying characteristics removed.
- If a customer has any questions regarding this Privacy Statement, practices of the Alcolizer website or their dealings with Alcolizer, you can contact us via email: email@example.com
ALCOLIZER PTY LTD (ACN 008 622 142)
This website is operated and owned by Alcolizer Pty Ltd (ACN 008 622 142) (“Alcolizer).
Access to this website is conditional upon the user and Alcolizer’s customer (“the Customer”) who has acquired Alcolizer’s products paying the relevant license fee and agreeing to the terms and conditions outlined herein as may be amended from time to time (“the Terms”).
The user further warrants and agrees that they have been approved as an authorised user by the Customer and has obtained the Customer’s agreement to the Terms.
By using the website, the user and Customer agree not to:
Alcolizer collects personal information in order to be able to provide and improve its Services, and for the other uses described below. By using Alcolizer’s services or accessing the website, or otherwise providing personal information to Alcolizer the Customers and users:
What personal information about customers and its workers (including users) are collected by Alcolizer
This Privacy Statement applies to any personal information provided to Alcolizer:
Types of information Collected
Alcolizer gathers the following types of information about customers:
How Alcolizer uses the customer’s and their worker’s (including users) personal information
Alcolizer may use the customer’s and their worker’s (including users) personal information for one or more of the following purposes:
Google Analytics. In this service, pseudonymised usage profiles are created and cookies are used to generate information about the Customer’s and user’s use of the Website such as browser type / version, operating system, referrer URL (the previously visited page), IP address for the Customer’s and user’s computers or devices, date and time. This information is transmitted to a Google server in the US and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the purposes of market research and website design. This information may also be transferred to third parties if required by law or if third parties process this data. Under no circumstances will Users’ IP addresses be merged with any other data provided by Google. The IP addresses are anonymised. The Customer’s and user’s can prevent the collection of data generated by the cookie and related to the Customer’s and user’s use of the website (including the Customer’s and user’s IP addresses) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en). For more information about privacy related to Google Analytics, see the Google Analytics information at https://support.google.com/analytics/answer/6004245?hl=en
Disclosure of personal information to third parties
International data transfers
When Alcolizer disclose, use or store data, it may be transferred to, and processed in, countries other than Australia. In those countries, there may be differences with Australia’s privacy laws. This means that the Customer’s or the user’s personal information may be transferred outside of Australia. However, where Alcolizer discloses personal information to a third party in another country, Alcolizer places or obtains safeguards to ensure the Customer’s and the user’s personal information is protected (except as expressly disclosed in this privacy statement). Where the Customer’s or the user’s personal information is transferred outside, it will (except as expressly disclosed in this privacy statement) only be transferred to:
Access to and correction of information Alcolizer holds
Keeping information up to date
Alcolizer strives to ensure that the information we hold about our customers is accurate, complete and up to date at all times. If the personal information Alcolizer holds about a customer or their worker’s (including users) is inaccurate, incomplete, or no longer up to date, or the customer wishes for their details to be removed from the website or AlcoCONNECT, please contact us at firstname.lastname@example.org so that reasonable steps can be taken to address this and/or discuss alternative options with the customer.
Storage and security of the Customer’s or their worker’s (including users) personal information
Links to other websites
The Alcolizer website contains links to other websites. Please note that these links are intended for the customer’s convenience only. Links to third party websites do not constitute endorsement, sponsorship or approval by Alcolizer of the content, policies or practices of those third party websites. If a customer has any concerns regarding their privacy when visiting a linked third party, they should ensure that they check the privacy statement/policies of those websites.
Destruction of the customer’s personal information
Alcolizer will take reasonable steps to destroy or de-identify any personal information about the customer or their worker’s (including users) once the information is no longer required for the purposes for which it was collected or as authorised or required by law.
Changes to Alcolizer’s Privacy Statement
Feedback and questions about privacy and the Alcolizer website