Last updated: 16 September 2021
In the course of carrying out our activities, Blakthumb Pty Limited (ACN 636 256 785) (we, us or our), and our subsidiaries and related bodies corporate, will collect, store, use and disclose personal information. We are committed to the protection of your personal information and to compliance with applicable privacy laws.
Personal information and/or personal data (the terms commonly used in applicable privacy laws), is information or an opinion about an identified or reasonably identifiable individual, whether or not the information or opinion is true and whether or not the information is recorded in a material form.
We may collect and hold personal information about individuals for the provision of our products and services (including our website, mobile applications and other online platforms and services) andpurposes connected to those products and services.
Consistent with the provision of our products and services, the types of personal information we may collect, and hold includes:
(a) Identity and contact details – including individuals’ name, address (including business address), telephone number and email address;
(b) Profile data – profile information, usernames, passwords and preference data, and related information;
(c) Payment details – information associated with the purchase of any goods and/or services from us, including payment and card details (please note payment transactions are processed by an authorised third party and are encrypted by the acquiring bank so we will not retain any payment card details); and
(d) Other information – text of communications gathered in the course of our interaction with you, including where you comment within our platforms and/or otherwise interact on live-chat, social media and emails, and other information from your interactions with us online, including cookie information, security tokens, IP address, URL’s, search histories and other associated information.
Relevant to each of the European Union and United Kingdom’s General Data Protection Regulation(together, the GDPR), the basis for our processing of your personal information under the GDPR is with your consent and to enable us to perform the contract with you related to the services you have asked us to provide. If you don’t provide us with personal information, we are unlikely to be able to provide you with our products and services.
We may collect personal information directly from you in the course of providing our products and services, from our website, mobile applications and other online platforms, and/or directly from you, including using cookies (data files placed on your device or computer), log files and security tokens.
In some cases, we may collect information about you indirectly, such as from third party providers of our products and services, providers of data analytics services and providers of third party websites, apps and social media platforms.
Personal information is held securely, is subject to various security protections and is held only for as long as the information remains relevant to the purpose for which it was collected.
Purposes for which we hold, use and disclose personal information
We will not use or disclose personal information for any secondary purpose, unless that secondary purpose is related to the primary purpose for which we have collected that information, and you would reasonably expect the disclosure in the circumstances, or unless you consent to that use or disclosure.
The purposes for which we collect, hold, use and disclose information may include:
(a) conducting our business, which includes providing our products and services to you;
(b) to communicate information about our products and services or third party products or services that may be of interest to you;
(c) (where you have consented, if such consent is required by law) to provide you with information or advertising relating to our products or services (including targeted advertisements) or marketing communications we believe may be of interest to you;
(d) to improve and optimise our platforms (including our website and mobile applications) and services;
(e) for our internal administrative, research, planning, marketing and product development purposes; and
(f) to comply with legal obligations.
We may also disclose personal information to third party technology and marketing partners, including but not limited to Amazon Web Services and Google (including Google Analytics) and other technology and marketing service providers.
(a) Cookies: being data files that are placed on your device or computer and often include an anonymous unique identifier.
(b) Logfiles: these track actions occurring on our website and platform.
(c) Web beacons, tags, and pixels: these are electronic files used to record information about how you browse our website and platform.
As we and our third party partners adopt additional technologies, we may also gather additional information through other methods.
Necessary Cookies: These cookies allow us to operate our website and platform. They enable you to move around the website and platform and use their respective features.
Functional Cookies: These cookies let us operate the website and platform according to your preferences. They enable the website and platform to remember choices you make (such as language, or the region you are in). Without these cookies, certain features of our website and platform won’t work, and you may find that our website and platform are less convenient and reliable.
Analytics Cookies: We use these cookies to analyse how our website and platform are accessed, used or performing. These cookies collect information about how visitors use our services, for instance which pages visitors go to most often, and if they get error messages from webpages. We use this information to maintain, operate, and continually improve the website.
Targeted Advertising Cookies: We use these cookies to serve you with advertisements that may be relevant to you and your interests. They are usually placed by advertising networks, such as Facebook, LinkedIn and Twitter, with our permission.
Although most browsers and devices accept cookies by default, their settings usually allow you to clear or decline cookies. If you disable cookies, however, some of the features of our Services may not function properly.
You can change your settings through your web browser to:
(a) notify you when a cookie is being set or updated; and
(b) to block or disallow cookies.
Please refer to the ‘help’ or ‘settings’ sections on your applicable web browser for more information.
Use your mobile device settings to control how data about your use of mobile applications is used for purposes of showing ads that are targeted to your interests on your mobile device.
Blocking cookies on one device (e.g. your computer) will not affect your consent choices different devices (e.g. your mobile device).
In addition to managing your cookie settings for your browser or mobile, you can opt-out of tracking directly with the businesses that operate the tracking technologies. For example, to opt-out of analytic tracking by Google Analytics, you may visit https://tools.google.com/dlpage/gaoptout. This paragraph is not an exhaustive list of our partners that operate tracking technologies, please contact us below if you have any questions about other partners.
For individuals located in the European Economic Area (EEA) and in the UK, you can change your cookie consent choices within our consent management functionality available here.
We will take all reasonable steps to ensure any personal data we collect, use or disclose is up to date and accurate. If you believe personal information that we hold about you is not up to date or accurate, you may ask us to correct it.
You may ask us to provide you with details of the personal information we hold about you, and copies of that information. We will respond to your request and attempt to provide you with the data within 30 days of receipt of your request.
If we provide you with copies of the information you have requested, to the extent permitted by law, we may charge you a reasonable fee to cover the administrative costs of providing you with that information.
Please direct all request for access and correction to email@example.com.
Relevant to the GDPR, some individuals also have a right, in certain circumstances, to have the information held about them erased. You can talk to us further about this at firstname.lastname@example.org. Such individuals can also request that we restrict or suspend the processing of your personal information. If you do so, note that we will then be most likely unable to provide the services to you.
The GDPR also provides that in some circumstances, individuals have a right to data portability, to withdraw their consent at any time, to object to data processing and to object to processing of data for marketing purposes.
Relevant to the GDPR, in order to provide our services to you, we may disclose the information which we process to countries outside the EEA and the UK. Regardless of the location of our processing, we will impose adequate data protection safeguards and implement appropriate measures to ensure that your personal data is protected in accordance with applicable data protection laws.
In relation to our Australian operations, we may, in the course of providing products and services, disclose personal information to overseas entities including by utilising overseas data servers to process information. Those overseas entities and their servers may be located in the United States, the UK and/or the EEA.
If you consider a breach of the Privacy Act 1988 (Cth) or GDPR has occurred, you may direct your query to our Privacy Officer using the details set out below and we will attempt to resolve your complaint.
If you do not consider our response satisfactory, you may contact the Australian Privacy Commissioner at its website www.oaic.giv.au or by telephone on 1300 363 992. For EU individuals, you can contact your relevant local data protection authority, which can be located at via the European Data Protection Supervisor and/or this link. UK individuals may contact their local supervisory authority, the Information Commissioner’s Office (see here).
Authorised User Accounts means the unique username and password issued or otherwise assigned by us to you or your Authorised Users for access to and use of Blakthumb.
Authorised User means the individual users who are authorised to use Blakthumb pursuant to the Plan you have purchased.
Australian Consumer Law means the Australian Consumer Law at Schedule 2 to the Competition and Consumer Law Act 2010 (Cth), as amended from time to time.
Billing Cycle means either the month commencing from the first day you sign up for a Plan and carries on month to month until you cancel your Plan, or where you elect an annual plan, means the year commencing from the first day you sign up for a Plan and carries on year to year until you cancel your Plan.
Blakthumb is the software platform, including all its functionalities, software (including its source code), data and products, available via blakthumb.com.
Consequential Loss means any Loss that does not arise naturally in the ordinary course of things from the event or circumstance giving rise to the Loss.
Fees means the applicable fees for your Plan as specified at www.blakthumb.com/pricing.
GST has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, plant varieties, source code, business and domain names, confidential information, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registered, registrable or patentable.
Loss means any judgment, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, or otherwise.
Payment Method means payment method you elect to use when purchasing your Plan.
Plan means the subscription tier you have purchased to access and use Blakthumb.
Pre-Existing IP means any Intellectual Property Rights in any materials existing at the date of this Agreement, including Intellectual Property Rights in software, hardware or documentation and materials used inour or your business including enhancements or modifications thereto.
Services means us providing you with access to use Platform pursuant to this Agreement.
Taxable Supply has the meaning given to that term in A New Tax System (Goods and Services Tax)Act 1999 (Cth).
Term means the length of time you have subscribed to your Plan, and will automatically renew at the end of each term, unless you cancel pursuant to your rights under clause 7.
Terms means these terms as amended from time to time and available Blakthumb at blakthumb.com/policies/terms.
We/us/our means Blakthumb Pty Ltd ACN 636 256 785
You means our customer who is a user of Blakthumb and pays the applicable Fee. Where you are a corporation, a reference to you includes your employees and contractors.
Your Content means all any content, including text, data, logos, documents, imagery, videos or other files entered, uploaded or created by you or your Authorised Users while using Blakthumb.
1.1 In this Agreement unless the context otherwise requires:
(a) clause and subclause headings are for reference purposes only;
(b) the singular includes the plural and vice versa;
(c) where a word or phrase is defined its other grammatical forms have a corresponding meaning;
(d) references to statutes include all statutes amending, consolidating or replacing such statutes;
(e) $ means United States dollars;
(f) any reference to a party to this document includes its successors and permitted assigns; and
(g) the use of the word "includes" or "including" is not to be taken as limiting the meaning of the words preceding it.
2.2 This Agreement will be ongoing, until or unless the Customer cancels or terminates in accordance with these agreed Terms.
3.1 Subject to the Terms, we grant to you a non-transferrable, non-exclusive, non-sublicensable license to access and use Blakthumb for the duration of theTerm.
3.2 You may not assign, transfer or otherwise deal with this Agreement or any right under this Agreement without our prior written consent.
4.1 To access and use Blakthumb, you must sign up to a Plan. You must provide your full name, a valid email address, and any other information requested in order to complete the signup process. You may also setup Authorised Users as permitted under your Plan.
4.2 You are also solely responsible for:
(a) ensuring each Authorised User Account is operated by only one person;
(b) ensuring Authorised Users do not share, publish or otherwise make available to any third party any Account details;
(c) all activity on your Account by you or your Authorised Users’ Accounts including any unauthorised access by third parties;
(d) maintaining the confidentiality and security of your Account and your Authorised Users’ Account and notifying us immediately of any unauthorised use; and
(e) protecting Your Content, including backing-up, and ensuring the security of Your Content, taking appropriate measures to protect Your Content from accidental, unlawful or unauthorised access, use or disclosure.
5.1 You are responsible for ensuring you comply with any relevant laws and other requirements in your jurisdiction. Use of Blakthumb does not guarantee compliance with any applicable laws, regulations or other requirements.
5.2 You may not use Blakthumb for any illegal or unauthorized purpose.
6.1 You must pay the Fees for your chosen Plan as set out at www.blakthumb.com/pricingand this clause 6.
6.2 Your Fees will be payable monthly in advance.
6.3 We will direct debit your chosen Payment Method on the first day of your Billing Cycle.
6.4 On 30 days’ notice to you, we may increase the Fees for any reason, including as a result of an increase in fees charged by third party suppliers. The increase will take effect on your next applicable Billing Cycle.
6.5 Unless otherwise expressly stated all Fees are exclusive of GST. If GST is payable in relation to a Taxable Supply, the amount payable for that Taxable Supply is the amount for that Taxable Supply specified in your chosen Plan plus GST.
7.1 Your Plan and this Agreement will commence on the Start Date and will continue on a month to month basis until you terminate your Plan.
7.2 You may cancel your Plan at the end of each Term, provided you do so before the next Billing Cycle.
7.3 Fees are payable at the start of each Billing Cycle. If you terminate midway throughout the Billing Cycle you have paid for, no refund will be available but your access to your Plan will continue until the end of the period you have paid for.
7.4 Upon the cancellation of your Plan:
(a) this Agreement will terminate;
(b) you may download Your Content from Blakthumb prior to cancellation taking effect;
(c) we will deactivate your Authorised User Accounts and your access to Blakthumb;
(d) you must cease using Blakthumb;
(e) All Your Content will be deleted from Blakthumb after cancellation (this information cannot be recovered once your account is cancelled).
7.5 If you, or any of your Authorised Users, fails to abide by the terms of this Agreement, including without limitation that your Fees are not paid due to an inability for us to direct debit your Payment Method, we reserve the right to suspend your access to Blakthumb and/or permanently cancel your Plan.
7.6 If we cancel your Plan and withdraw access to Blakthumb in accordance with clause7.5, your access to Blakthumb will be withdrawn immediately, no refund will be payable by us, we will have no liability to you for such cancellation including for any loss of Your Content, and you must pay to us all outstanding fees owed to us as at the date of cancellation immediately.
7.7 Provision of access to any of Your Content that you have not downloaded off Blakthumb as at the date of any cancellation or termination will be at our sole discretion.
8.1 You must only use our Intellectual Property in a manner permitted under this Agreement.
8.2 You must not permit your Authorised Users or any third party to, except as expressly authorised by this Agreement:
(a) use or access Blakthumb in a way that infringes the Intellectual Property Rights or other rights of any person;
(b) decompile, reverse engineer, disassemble, or otherwise attempt to construct or identify the source code, formulas or processes used by Blakthumb;
(c) sell, sub-licence, transfer, transmit, publish or make available any part of Blakthumb;
(d) do anything which will or may damage, disrupt access to or interfere with the proper operation of Blakthumb;
(e) do anything which will or may place an unreasonable load on the infrastructure of Blakthumb;
(f) transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of Blakthumb.
9.1 You must not submit, post or display any of Your Content that:
(a) you do not have permission, right or license to use, upload, and permit use as contemplated by this Agreement;
(b) is objectionable, offensive, unlawful, defamatory, deceptive or harmful; and/or
(c) is illegal, fraudulent, or manipulative.
9.2 We may remove Your Content from Blakthumb if Your Content violates the terms of this Agreement, including if Your Content or is offensive or otherwise unacceptable to us in our sole discretion and/or including in the event any claims, threatened, alleged or issued in relation to Your Content, and/or for any other reasonable cause. We reserve the right to undertake back-ups of Blakthumb, however we are not obligated to do so and you are solely responsible for backing up Your Content.
10.1 Throughout the Term you warrant:
(a) you have the power and authority to enter into and perform your obligations under this Agreement and to carry out the transactions contemplated by this Agreement; and
(b) there are no pre-existing rights or obligations which would prevent you from complying with your obligations under this Agreement.
10.2 You are responsible for ensuring Blakthumb is suitable for your purposes.
10.3 Subject to any express warranties in these Terms and in our Service Level Agreement but otherwise to the fullest extent permitted by law, we exclude all other warranties, and representations in whatever form, relating to Blakthumb including any warranties or representations relating to quality, accuracy, completeness, continuity, integration, merchantability, conformity with specifications, reliability, functionality, performance, fitness for use, fitness for any particular purpose, and/or guarantee of a particular result or outcome and/or in relation to the security and operation of Blakthumb, including that access to Blakthumb will be free from interruption or defects.
11.1 You acknowledge that the Intellectual Property Rights in Blakthumb (including any source code, translations, compilations, partial copies and derivative works) (Our IP) contain confidential and proprietary information belonging exclusively to us.
11.2 Nothing in this Agreement transfers ownership of any Our IP to you or any Authorised User.
11.3 You own all Intellectual Property Rights in Your Content. You grant us a royalty-free, non-exclusive, revocable licence to use Your Content to the extent necessary to perform our obligations under this Agreement.
11.4 We grant you a non-exclusive and non-transferable licence to use Our IP solely to the extent necessary to exercise your rights and perform your obligations in accordance with this Agreement.
13.1 You indemnify, save, defend and hold us harmless against any Loss arising out of or in connection with:
(a) any breach by you of the terms of this Agreement; and
(b) any reliance by you on Blakthumb.
13.2 The use of Blakthumb is at your sole risk, and we:
(a) disclaim any responsibility for your compliance or the compliance of any other person with any applicable law, regulation or code;
(b) will not be liable for any penalty, Loss or claim arising in connection with any failure to comply with any such law, regulation or code.
13.3 We disclaim all responsibility for any Loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:
(a) any errors in or omissions from Blakthumb, including but not limited to technical inaccuracies and typographical errors;
(b) any delays, failures, errors or omissions or Loss of transmitted information;
(c) any viruses or other contaminating or destructive properties that may be transmitted via Blakthumb;
(d) any third party data including (without limitation) third party websites or their content, directly or indirectly accessed through links in Blakthumb, including but not limited to any errors in or omissions which are accessed through the third party websites;
(e) the unavailability of parts of or all of Blakthumb; or
(f) any delays, failures or errors affecting the equipment, systems or networks of third parties who provide services to Blakthumb.
13.4 Blakthumb comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with Blakthumb, you are entitled:
(a) to cancel your Plan with us; and
(b) to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
13.5 If the failure does not amount to a major failure, you are entitled to have any problems with Blakthumb rectified in a reasonable time and, if this is not done, to cancel your Plan and obtain a refund for the unused portion of the Plan.
13.6 To the fullest extent permitted by law we hereby exclude all other statutory guarantees, warranties and other terms which otherwise might be implied by statute, common law, or equity.
13.7 Subject to clause 13.5, we will not be liable for any Consequential Loss incurred by you or by any other person in connection with Blakthumb, or in connection with the use, inability to use, or results of the use of Blakthumb or any related material.
14.1 We do not represent or warrant that Blakthumb is entirely secure, uninterrupted or error-free. You acknowledge that the public internet is an inherently insecure environment and that we have no control over the privacy of any communications or the security of any data outside of our internal systems.
14.2 You must not misuse Blakthumb by:
(a) knowingly introducing viruses, trojans, worms, bots, logic bombs or other malicious software;
(b) gaining unauthorised access to Blakthumb or any platform on which Blakthumb is stored or any server, computer or database connected to Blakthumb; or
(c) attacking Blakthumb via a denial-of-service attack or a distributed denial-of service attack.
14.3 It is your responsibility to ensure you have up-to-date and effective anti-virus and anti-malware software on your phone, tablet, computer, server, network infrastructure or any other device through which you access Blakthumb.
14.4 We will not be liable for any Loss or damage caused by a distributed denial-of-service attack, viruses or other malicious software that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Blakthumb or any information on or linked to Blakthumb.
14.5 We shall not be liable for any Loss or damage suffered by you as a result of using public network connections, failing to have up-to-date and effective anti-virus and anti-malware software or failing to notify us that your device has been infected by any type of malicious software.
15.1 We may sub-contract the performance of any part of our obligations and/or services to any third party.
15.2 The failure of either party to enforce any provisions under this Agreement will not waive the right of such party thereafter to enforce any such provisions.
15.3 If any term or provision of this Agreement is held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from this Agreement and the remaining terms and conditions will be unaffected.
15.4 This Agreement is governed by, and construed in accordance with, the laws of New South Wales, Australia. The parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
15.5 We reserve the right to amend these terms and conditions from time to time by either giving you notice via email and/or publishing the amended terms and conditions on Blakthumb. Your continued use of Blakthumb after the date of notice or publication constitutes acceptance of the amended terms and conditions.
15.6 Any warranty, indemnity, or obligation of confidentiality in this Agreement will survive termination. Any other term which by its nature is intended to survive termination of this Agreement survives termination of this Agreement.