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1.1 In these Terms of Use, unless the context otherwise requires: “Agreement” means the agreement comprised of the front page Schedule and the Terms of Use; “business day” means any day (other than a Saturday, Sunday or public holiday) on which registered banks are open for normal banking business in Auckland, New Zealand; “Clo”, “we”, “our” and us” means Plinqx Pty Ltd (a company incorporated in Australia under ABN 74 669 691 132); “Licensee”, “you” and “your” means the person/entity specified as the Licensee on the front page of this Agreement; “Privacy Policy” means our privacy policy (as the same may be updated from time to time) as available for viewing on the Website; “Services” means the products, services, applications, tools and other resources of Plinqx which are the subject of this Agreement and which operate as “plug-ins” to the CRM software owned by salesforce.com; “Terms of Use” means these General Terms, the Service Specific Terms, the Privacy Policy, and any other guidelines, rules or operating policies that we may establish and notify to you in writing from time to time; “User Content” means any message and/or materials (including text, graphics, news articles, charts, photographs, images, and presentations) that you or your customers create, provide, share, store, send or distribute using the Services; and “Website” means the internet site identified by the domain name www.txtinit.com.
1.2 In the event of any inconsistency between the terms specified on the front page Schedule of this Agreement, the General Terms and/or the Service Specific Terms: (a) The front page Schedule shall prevail over the General Terms and the Service Specific Terms; and (b) The Service Specific Terms shall prevail over the General Terms, to the extent of the inconsistency.
1.3 This Agreement sets out the terms on which you may use the Services and the Website, and are an agreement between you and Plinqx. 1.4 We may, in our sole discretion, modify these Terms of Use upon notice to you at any time through a service announcement (eg posting on the Website) or by sending an email to your primary email address as notified to us. If we make significant changes to these Terms of Use or the Services that affect your rights, we will provide at least 30 days’ advance notice of the changes. You may terminate your use of the Services by providing us notice by email within 30 days of the date of the notification of the changes if the changes to the Terms of Use or the Services substantially affect your rights in connection with the use of the Services. In the event of such termination, you will be entitled to a pro rata refund of any unused portion of any prepaid fees for the Services. It is your obligation to ensure you have read, understood and agree to the most recent Terms of Use available on the Website. Your continued use of the Services or the Website after the effective date of any changes to these Terms of Use will constitute your acceptance of the modification(s) to the Terms of Use. 1.5 This Agreement applies to all visitors, registered users, subscribers, and others who access the Services or the Website through the account established in your name.
2.What information do we collect?
The kind of personal information that we collect from you will depend on how you use the website and the Plinqx product. Information which we collect and hold about you may include:
2.1 Subscriptions/Contracts
Only collected during contract of use phase
Salesforce Instance Data
Plinqx collects the following data related to the company or customer owning the Salesforce instance:
a) Salesforce Instance Identifier
b) Salesforce Instance Contact
Additional Data Collected
In addition to Salesforce Instance Data, we collect the following information:
a) Billing Address
b) Company Name
c) Email Address
d) First Name – of the billing contact
e) Last Name – of the billing contact
f) Usage Data
2.2 Website form Submissions
Please see section 3 – Website below for additional information
Newsletter and Product Updates
The following information is provided at the discretion of the website user.
a) First Name
b) Last Name
c) Email Address
Additional Data Collected
a) Usage Data
3. How we collect your personal information
Subscriptions/Contracts
a) We may collect personal information from you whenever you enter such information onto contracts.
Website
a)e may collect personalinformation from you whenever you input such information into the
c) We also collect cookies from your computer which enable us to tell when you use the websihelp customise your website experiencehowever, it is not possible to identify you personally from our useof cookies
4. Purpose of collection
Subscriptions/Contracts
We use the collected information solely for the purpose of providing and improving our product.
Specifically:
a) Salesforce Instance Identifier: Used to identify and connect with the specific Salesforce instance owned by the customer.
b) Salesforce Instance Contact: Used for communication regarding usage agreements, product updates, and support.
c) Billing Information: Used for processing payments and generating invoices.
d) Billing Contact: Used for billing related communication regarding payments and contract renewals.
e) Usage Data: Utilised to enhance the user experience and tailor our services to your needs.
f) We customarily disclose personal information only to our service providers who assist us in managing our subscriptions and contracts. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
Website
a) The purpose for which we collect personal information is to provide you with the best service experience possible on the website.
b) We customarily disclose personal information only to our service providers who assist us in operating the website. Your personal information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
c) By using our website, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such informationrect from you, and if it material of a typewhich you would receive fromus. We do not use sensitive personal information in direct marketing activity.Our directmarketing material will include a simple means by which you canrequest not to receive further communications of this nature.
5. Access and correction
Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.
6. Complaint procedure
If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by our legal team and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
7. Overseas transfer
Your personal information will not be disclosed to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your personal information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.
8. GDPR
In some circumstances, the European Union General Data Protection Regulation (GDPR) provides additional protection to individuals located in Europe. The fact that you may be located in Europe does not, however, on its own entitle you to protection under the GDPR. Our website does not specifically target customers located in the European Union and we do not monitor the behaviour of individuals in the European Union, and accordingly the GDPR does not apply.
9. How to contact us about privacy
If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us through: legal@plinqx.com