PRIVACY POLICY

At Zapala, we take privacy very seriously. We have developed this Privacy Policy to ensure we communicate with you, in the clearest way possible, the manner in which we collect, use, store and disclose personal information. We encourage you to read this Privacy Policy carefully. It will help you make informed decisions about sharing your personal information with us.

The defined terms which are not defined in this Privacy Policy have the same meaning as in the Zapala Website Terms of Use. By accessing our Websites and using our Services, you consent to the terms of this Policy and agree to be bound by it.

About Zapala

Each Zapala Group member maintains Zapala Sites and provides services which may result in that member of the Zapala Group collecting your personal information (the “Services”).

The provision of the Services may involve the collection, use, disclosure and/or storage of data about a company or individual. That data can include personal information. “Personal information” is information about an individual which is capable of identifying that individual, and may include information such as the individual’s name, email address, telephone number, volume of consignment, shipping details and financial information.

How and when Zapala collects your personal information

Zapala may collect personal information directly from you when you:

  • create an account on a Zapala Site or register to use a Service,
  • use a Service,
  • contact the Zapala support team; or
  • visit a Zapala website.

You can always choose not to provide your personal information to Zapala, but it may mean that we are unable to provide you with all or part of a Service.

Zapala may receive personal information from you about others

Through your use of the Service, Zapala may also collect information from you about someone else (such as a client or service provider). If you provide Zapala with personal information about someone else, you must ensure that you are authorised to disclose that information to Zapala and that, without Zapala taking any further steps required by applicable data protection or privacy laws, Zapala may collect, use and disclose such information for the purposes described in this Privacy Policy.

This means that you must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Privacy Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, Zapala’s identity, and how to contact Zapala.

Where requested to do so by Zapala, you must also assist Zapala with any requests by the individual to access or update the personal information you have collected from them and disclosed to Zapala.

Zapala collects, holds, and uses your personal information for limited purposes

Zapala collects your personal information so that we can provide you with the Services and any related services you may request. In doing so, Zapala may use the personal information we have collected from you to provide the Services and for purposes related to the Services including:

  • verifying your identity,
  • administering the Service,
  • notifying you of new Services or changes to existing Services,
  • carrying out marketing or training relating to a Service,
  • assisting with the resolution of technical support issues or other issues relating to the Services,
  • complying with laws and regulations in applicable jurisdictions;
  • communicating with you about the Services and about Zapala Group generally; and
  • any other purposes reasonably connected to any of the foregoing.

By using a Service, you consent to your personal information being collected, held and used in this way. Zapala will seek your consent in respect of any use not expressly set out in this Privacy Policy.

Zapala can aggregate your non-personally identifiable data

By using a Service, you agree that Zapala can access, aggregate and use non-personally identifiable data Zapala has collected from you and can manually de-identify personal information to create a non-personally identifiable dataset. This data will in no way identify you or any other individual.

Zapala may use this aggregated non-personally identifiable data to:

assist us to better understand how our customers are using the Services;

provide our customers with further information regarding the uses and benefits of the Services;

  • enhance business productivity, including by creating useful business insights from that aggregated data and allowing you to benchmark your business’ performance against that aggregated data; and
  • otherwise to improve the Services.

Zapala holds your personal information on servers located in Australia

All data, including personal and non-personal information, that is entered into the Service by you, or automatically imported on your instruction, is transferred to Zapala’s servers as a function of transmission across the Internet. By using the Service, you consent to your personal information being transferred to our servers as set out in this Policy.

Currently our servers are located in Australia (AU), primarily by Amazon Web Services (AWS). Your personal information will be routed through, and stored on, those servers as part of the Service. If the location of our servers changes in the future, we will update this Policy. You should review our Policy regularly to keep informed of any updates.

By providing your personal information to Zapala, you consent to Zapala storing your personal information on servers hosted outside of Australia. While your personal information will be stored on servers located in Australia, it will remain within Zapala’s effective control at all times. The server host’s role is limited to providing a hosting and storage service to Zapala, and we’ve taken steps to ensure that our server hosts do not have access to, and use the necessary level of protection for, your personal information.

Zapala takes steps to protect your personal information

Zapala is committed to protecting the security of your personal information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. Your personal information is stored on secure servers that have SSL Certificates issued by leading certificate authority Trustwave, and all data transferred between you and the Services is encrypted.

However, the Internet is not in itself a secure environment and we cannot give an absolute assurance that your information will be secure at all times. Transmission of personal information over the Internet is at your own risk and you should only enter, or instruct the entering of, personal information into the Service within a secure environment.

We will advise you at the first reasonable opportunity upon discovering or being advised of a security breach where your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.

If you are an account holder it is your responsibility to keep your password to the Services safe. You should notify us as soon as possible if you become aware of any misuse of your password, and immediately change your password within the Service or via the “Forgotten Password” process.

Zapala only discloses your personal information in limited circumstances

Zapala will only disclose the personal information you have provided to us to entities outside the Zapala Group if it is necessary and appropriate to facilitate the purpose for which your personal information was collected pursuant to this Policy, including the provision of the Services. You expressly consent to the disclosure of your personal information to members of the Zapala and their related bodies corporate. Zapala may provide your personal information to third party service providers who assist Zapala in providing the Services or to other third parties for related purposes such as credit reporting and transaction processing services and you expressly consent to the transfer of your personal information for such purposes, in each case on a worldwide basis.

Zapala will not otherwise disclose your personal information to a third party unless you have provided your express consent. However, you should be aware that Zapala may be required to disclose your personal information without your consent in order to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify you if we are required by law to disclose your personal information.

The third parties who host our servers do not control and are not permitted to access or use your personal information except for the limited purpose of storing the information. This means that, for the purposes of Australian privacy legislation and Australian users of the Service, Zapala does not currently “disclose” personal information to third parties located overseas.

Notwithstanding the paragraphs above, while Zapala will take all reasonable steps to protect your personal information, you acknowledge that any overseas recipient of your personal information may not be bound by Australian privacy laws and that your consent to Zapala’s disclosure of your personal information to an overseas recipient pursuant to this Privacy Policy means that Zapala will not be bound to take such steps as are reasonable to ensure that the overseas recipient does not breach Australian privacy laws.

You may request access to your personal information

It is your responsibility to ensure that the personal information you provide to us is accurate, complete and up-to-date. You may request access to the information we hold about you, or request that we update,  correct or delete any personal information we hold about you, by setting out your request in writing and sending it to us at support@zapalago.com. Upon receipt of your request, we may seek information from you to confirm you are the person to whom the personal information relates prior to processing your request.

Zapala will process your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet your request, we will let you know why. For example, it may be necessary for us to deny your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process your request in the manner you have requested.

You may also delete your customer's information. Our Services and related documentation give you the ability to delete certain information about you or your customer from within the Service. For example, you can remove content that contains information about you using the keyword search and editing tools associated with that content and you can remove certain profile information within your profile settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.

We’ll only keep your personal information for as long as we require it for the purposes of providing you with the Service. However, we may also be required to keep some of your personal information for specified periods of time, for example, under certain laws relating to corporations, money laundering, and financial reporting legislation.

Zapala uses cookies

In providing the Services, Zapala utilises “cookies”. A cookie is a small text file that is stored on your computer for record-keeping purposes. A cookie does not identify you personally or contain any other information about you, but it does identify your computer.

We and some of our affiliates and third-party service providers may use a combination of “persistent cookies” (cookies that remain on your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when you close your browser) on the Zapala Sites to, for example, track overall site usage, and track and report on your use and interaction with ad impressions and ad services.

You can set your browser to notify you when you receive a cookie so that you will have an opportunity to either accept or reject it in each instance. However, you should note that refusing cookies may have a negative impact on the functionality and usability of the Services.

You can opt-out of any email communications

Zapala sends billing information, product information, Service updates and Service notifications to you via email. Our emails will contain clear and obvious instructions describing how you can choose to be removed from any mailing list not essential to the Service. Zapala will remove you at your request.

You are responsible for transfer of your data to third-party applications

A Service may allow you to transfer data, including your personal information, electronically to and from third-party applications. Zapala has no control over, and takes no responsibility for, the privacy practices or content of these applications. You are responsible for checking the privacy policy of any such applications so that you can be informed of how they will handle personal information.

Zapala has a privacy complaints process

If you wish to complain about how we have handled your personal information, please provide our Privacy Officer with full details of your complaint and any supporting documentation:

  • by email at support@zapalago.com; or
  • by letter to The Privacy Officer, Zapala Go Pty Ltd, Level 13, 8/327 Pitt St, Sydney NSW 2000, Australia.

Our Privacy Officer will endeavour to:

  • provide an initial response to your query or complaint within 10 business days; and
  • investigate and attempt to resolve your query or complaint within 30 business days or such longer period as is necessary and notified to you by our Privacy Officer.

This policy may be updated from time to time

Zapala reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. Zapala will make every effort to communicate any significant changes to you via email or notification via a Service.

Your continued use of the Service will be deemed acceptance of any amended Policy.

LAST UPDATED ON MAY 25th 2018

TERMS OF USE

The Zapala Corp consists of Zapala Corporation Pty Ltd, Zapala Go Pty Ltd, Zapala People Pty Ltd, Zapala Events Pty Ltd. and their related bodies corporate and subsidiaries from time to time (“Zapala”).

The Zapala Corp network of websites includes the websites located at www.zapalacorp.comwww.zapalago.comwww.zapalapeople.com, www.lideaustralia.com and other websites owned or controlled by Zapala from time to time (collectively the “Zapala Sites”).

Acceptance of these Terms and Conditions

You may only access and use the Zapala Sites if you agree with and comply with these Terms and Conditions and the Zapala Privacy Policy (together the “Terms and Conditions”).

Please read these Terms and Conditions carefully before using any Zapala Site

Your use of the Zapala Sites constitutes your agreement to the Terms and Conditions regardless of whether you have registered for an account on a Zapala Site.

Zapala reserves the right to amend, update, change or delete portions of the Terms and Conditions at any time without prior notice and you should review the Terms and Conditions from time to time to ensure you are familiar with your obligations.

If you choose not to be bound by these Terms and Conditions, or any amendment to the Terms and Conditions at any time, you must stop using the Zapala Sites immediately. Your continued use of the Zapala Sites following our posting of any amendment to these Terms and Conditions will be deemed acceptance of that amendment.

Additional Terms and Conditions

Additional terms and conditions, including the Terms of Sale, may apply to the purchase of goods and services available via the Zapala Sites. Unless otherwise provided in those terms and conditions, those terms and conditions are incorporated into these Terms and Conditions. If there is any conflict between these Terms and Conditions and the terms applicable to a specific portion of a Zapala Site or for any good or service offered through a Zapala Site, the latter terms will apply with respect to your use of that part of the Zapala Site or the relevant service.

Technical Requirements

You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Zapala Sites.

Use of the Zapala Sites

When using the Zapala Sites, you are permitted to view, print and download material for personal, non-commercial use only. You may not distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the data or content on a Zapala Site, or make any commercial use of a Zapala Site, without the prior written permission of Zapala.

To access some parts of the Zapala Sites or to procure certain goods or services via a Zapala Site you may need to create an account.

Account holders must:

(a) provide accurate and complete information when creating an account;

(b) update details where necessary to maintain accurate and complete information;

(c) keep all login and password details confidential; and

(d) immediately notify Zapala if the account holder becomes aware of any unauthorised access to or use of a Zapala Site in breach of these Terms.

Account holders acknowledge that:

(a) account holders are responsible for all use of their login and password details whether authorised or not;

(b) Zapala may, at any time, cancel an account, username, login details, or password with respect to the use of a Zapala Site; and

(c) Zapala accepts no liability for any unauthorised use of an account.

From time to time, Zapala may have to collect personal information about you in order to operate a Zapala Site. Please refer to the Zapala Privacy Policy for information on how Zapala collects, stores, uses and discloses personal information.

Intellectual property in content on the Zapala Sites

All intellectual property in the Zapala Sites and in content on the Zapala Sites is property of Zapala or third party licensors. You must not sell, rent, modify, adapt, edit, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, republish, sublicense, commercialise, or otherwise transfer or deal with the content in any way except as expressly permitted under these Terms and Conditions.

You acknowledge that you have no right, title or interest in or to any aspect of any Zapala Site

Zapala does not warrant or guarantee and accepts no responsibility for the accuracy or completeness of any content for any purpose. Subject to any statutory provisions which may not be excluded by law, Zapala will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any content or its publication, including any action for copyright infringement, trade mark infringement, or defamation.

Trademarks

You must not use any Zapala trademarks without the prior written approval of Zapala.

Prohibited activity

Prohibited uses of the Zapala Sites include, but are not limited to:

(a) violating these Terms and Conditions or any policy posted on a Zapala Site;

(b) using the Zapala Sites in a manner inconsistent with applicable policies, laws, statutes, and regulations;

(c) criminal or tortious activity or the infringement of intellectual property rights;

(d) circumventing or modifying or attempting to circumvent or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any security technology or software that is part of a Zapala Site;

(e) deleting, circumventing or altering any legal notices, rights management information or technological protection measures;

(f) activity that involves the use of viruses, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or a computer network;

(g) interfering with the use of the Zapala Sites by others, including but not limited to interfering with the computer systems which support the Zapala Sites, overloading a service, engaging in a denial-of-service attack, or attempting to disable a host; or

(h) impersonating or falsely representing your association with any person or organisation.

Zapala may take action (including legal action) against any person who, in Zapala’s determination, engages in any prohibited activity on or through a Zapala Site. Zapala reserves the right to cooperate fully with any law enforcement authority in any jurisdiction and comply with the law or legal process.

Third party Websites

The Zapala Sites may contain links or references to internet sites operated by third parties. These third party sites are not under the control of Zapala and Zapala is not responsible for the content of these sites. Zapala makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from these sites. Inclusion of any linked website on a Zapala Site does not imply approval or endorsement of the linked website by Zapala. When you access such third party sites you do so at your own risk.

Termination

These Terms and Conditions are effective until terminated by Zapala and Zapala may terminate these Terms and Conditions without prior notice to you.

You can, at any time, deactivate your account on a Zapala Site by visiting the support page on the relevant Zapala Site and following the prompts to delete the account.

Limitation Of liability

Zapala does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However, Zapala does exclude all other rights, remedies, conditions, and warranties in respect of goods, services and the Zapala Sites which may be excluded under law, custom or statute.

To the maximum extent permitted by law, Zapala’s liability in respect of any goods or services purchased from or through a Zapala Site which cannot be excluded or restricted is limited to the lesser of: (i) the replacement of any good or service purchased; and (ii) a refund of the purchase price paid by you to Zapala for that good or service.

Zapala will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access any Zapala Site, even if Zapala has been advised of the possibility of such damages or losses.

Disclaimer

The Zapala Sites are provided as-is and as available. Subject to clause 11, Zapala makes no warranties of any kind, express or implied, about the Zapala Sites, or the goods and services provided through the Zapala Sites, including but not limited to any warranties:

(a) about the accuracy and reliability of the material posted on the Zapala Sites;

(b) that your access to the Zapala Sites or the material on the Zapala Sites will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.

Zapala is not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of a Zapala Site.

Zapala assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of, any user communication. Zapala is not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet or on any Zapala Site. Zapala also expressly disclaims any warranty of fitness for a particular purpose.

Zapala reserves the right to modify, suspend, or terminate operation of or access to any Zapala Site, or any portion of a Zapala Site and to interrupt the operation of a Zapala Site or any portion of a Zapala Site as necessary to perform maintenance at any time, for any reason and without notice.

Indemnity

You indemnify Zapala, its related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:

(a) any breach or alleged breach by you of these Terms and Conditions;

(b) your use of any Zapala Site; and

(c) any violation of any law or the rights of any third party.

Waiver

Zapala’s failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.

Entire agreement

These Terms and Conditions constitute the entire agreement between you and Zapala regarding your use of the Zapala Sites, superseding any prior agreements between you and Zapala relating to your use of the Zapala Sites.

Severability

If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.

Rights and remedies cumulative

Zapala’s rights and remedies are cumulative and none of them limits any other remedy or right of Zapala. Your undertakings and obligations are cumulative and none of them limits any other of your undertakings or obligations.

Assignment

Zapala may assign its rights under these Terms and Conditions in whole or in part to any other person in Zapala’s absolute discretion.

Governing law

These Terms and Conditions will be governed and interpreted in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.

LAST UPDATED ON MAY 25th 2018

TERMS OF SALE

These Terms of Sale are subject to change without prior written notice at any time in Zapala’s sole discretion, and such changes shall apply to any purchases made after such changes are posted to the relevant Zapala Site. You should review these Terms of Sale prior to each purchase you make so you are aware of the specific terms applicable to such transaction. If you do not agree with these Terms of Sale, do not make any purchases via a Zapala Site.

Worldwide sales

Purchases from Zapala Sites are worldwide.

Sales to end users only

The Zapala Sites sell goods and services to end user customers only.

Account security and purchase eligibility

To make purchases via a Zapala Site you must create an account and comply with all Terms and Conditions (including these Terms of Sale). You acknowledge that you are responsible for maintaining the confidentiality of your login details and password, and you agree to accept all responsibility for all purchases made, and other liabilities incurred, in respect of your account. Zapala may refuse or cancel any orders made via a Zapala Site at any time in its absolute discretion.

Agreement to pay

You agree to pay for all goods and services you purchase through a Zapala Site, and that Zapala may charge your account for any goods and services purchased, and for any relevant additional amounts (including taxes and fees). You are responsible for the timely payment of all fees.

Cancellation policy

All sales are final. To make a purchase, you must confirm you wish to purchase the product or procure the service by clicking the “Purchase” button when displayed. The transaction is deemed complete upon clicking of the “Purchase” button (subject to successful processing of payment). You have the right to cancel your contract at any given point by sending an email to sales@zapalago.com and upon payment of outstanding fees that might apply according to your type of contract and considering our pricing is calculated on a 6 months fixed contract.

Payment methods

Zapala Sites accept the following credit cards: VISA, MASTERCARD and AMERICAN EXPRESS. By submitting an order through a Zapala Site, you authorise Zapala, or its designated payment provider, to charge the account you specify for the full purchase amount. Transactions will appear on your statement as being from ZAPALA CORP.

GST

Unless expressly stated otherwise, all prices displayed on Zapala Sites are not inclusive of Goods and Services Tax (GST).

Prices

Zapala reserves the right to change prices for goods or services offered on Zapala Sites at any time.

Product and service availability

Zapala may revise, discontinue or modify goods or services available via the Zapala Sites at any time without prior notice to customers, and goods or services may become available without notice. Zapala shall have no liability of any kind if a good or service that has been ordered is unavailable. On occasion, a good or service may become unavailable following a transaction but prior to delivery or performance. Your sole remedy in such cases is a refund of the price paid for the unavailable good or service.

LAST UPDATED ON MAY 25th 2018

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