Documentation for terms of use and privacy policies regarding the Workforce Dispatch platform. Additional policies for cloud based services can be viewed with the options below.
This Privacy Policy provides an explanation as to what happens to any personal information that you provide to us, or that we collect from you when you access our website(s) (“Site(s)”) amendments to this privacy policy will be posted from time to time on the sites and will be effective when posted.
The types of personal information we may collect about you in our daily operation of our Sites will depend on the circumstances in which the information is collected. However, the types of personal information we collect and hold about you may include:
a) identifying information, such as your name and date of birth;
b) contact information, such as your address, email address and telephone/mobile number;
c) financial information, such as bank account or other payment details;
d) for our employees, employee records that may contain personal information including safety information (e.g. home address, emergency contacts, superannuation details etc.) and any travel and right to work information where required (e.g. drivers licences);
e) if you access our Site, your Internet Protocol (IP) address; and usernames and passwords that you create when registering for an account with us;
f) your organisation and position, where your organisation has business dealing with us;
g) information about your occupation and employer organisation;
h) details of any products or services we provide to your organisation;
i) information about how you use the products or services we provide to you;
j) records of our communications with you, such as telephone, email, SMS, online and in- person communications; and
k) other information that that is capable of identifying you and you provide us during the course of business.
We may collect these types of personal information directly from you or from third parties.
When you join us as a user of our Cloud Services, we ask for personal information that will be used to set-up and activate your account, to provide the Cloud Services to you and for other purposes set out in the Workforce Dispatch “Privacy Policy - Cloud Based Services” details of which are available at: https://workforcedispatch.com/privacy-policy.
We may collect personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our Site. We will as much as possible collect your personal information directly from you and in the following ways:
a) when you order products or services from us;
b) when you use our online services (e.g. Service Desk), and other products and services (including our Site);
c) when you visit our sites or offices;
d) when you submit a query or request to us;
e) when you respond to a survey that we may run or fill in forms on our Site;
f) by tracking your use of our products and services (including our Site);
g) from third parties who are entitled to disclose that information to us;
h) from publicly available sources;
i) from online sources (including social media platforms and providers (e.g. LinkedIn);
j) suppliers of information products and services (e.g. companies that consolidate data from multiple public sources);
k) when you apply for a job with us; or
l) other lawful means.In our relationship with clients or prospects, business partners and suppliers, they also provide us with business contact information (such as name, business contact details, position or title of their employees, contractors, advisors and authorised users) for purposes such as contract management, fulfilment, delivery of products and services, provision of support, invoicing and management of the services or the relationship.2.1. Sometimes we may collect personal information about you from someone else (including from contractors and service providers who act on our behalf). For example, we may collect personal information about you from:
a) your employer in relation to products or services provided by your employer as our supplier, or products or services provided to your employer as our customer;
b) our business partners in relation to products and services supplied to you; and
c) our third party providers of marketing services or third-party online services to collect personal information such as your name and email address or telephone number to administer online competitions, customer feedback and surveys.
2.2. If you provide us with personal information about someone else, you must only do so if that person has consented to you doing so and to us collecting, holding, using and disclosing their information in accordance with this privacy policy.
2.3. Most information we collect about you comes from our direct interactions with you. When you register for an event we may collect information (online or offline) in relation to the event organisation, and during an event, such as participation in sessions and survey results. We combine the personal information we collect to develop aggregate analysis and business intelligence for conducting our business and for marketing purposes.
2.4. You can choose to receive information by email, telephone or postal mail about our products and services, or sign-up for subscriptions. When visiting our Sites or using our services we may provide you with personalised information. You can always opt-out from receiving personalised communication by choosing the “unsubscribe” link or sending an e-mail to privacy@uniguard.com.au.
2.5. Where we reference that we use your personal information in connection with a request, order, transaction or agreement (or preparing for the same), or to provide you with services that you requested (such as a Site), we do this because it is necessary for the performance of an agreement with you.
By providing personal information to us you voluntarily consent to the collection, use and sharing of such personal information as specified in this privacy policy. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your personal information in specific circumstances for a particular aspect of the Cloud Services. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information.
As a provider of information technology products and services, our primary purpose for collecting, using, storing and disclosing personal information is to facilitate the provision of those products and services. We will only use and disclose the personal information we hold about you for the primary and related purposes for which we collect it, and for any other purpose you consent to.
We may use personal information collected from you to:
a) provide you with information and updates to enable us to provide you or your organisation with our products and services;
b) make you aware of new and additional products, services and opportunities available to you.
c) to improve our products and services and better understand your needs.
d) verify your identity when you are dealing with us;
e) maintain our relationship with you;
f) answer your queries and requests;
g) comply with our legal and regulatory obligations;
h) carry out market analysis and research;
i) monitor use of our products and services (including our Site);
j) carry out education and training programs for our employees;
k) manage and resolve any legal or commercial complaints or issues (including debt recovery);
l) meet our obligations and perform our functions under applicable laws and agreements;
m) maintain and update our records;
n) use in accordance with any request or instructions from you;
o) carry out planning and forecasting activities and other internal business processes;
p) keep you informed about our activities and notify you of changes to our products or services;
q) make special offers related to our products or services that we think may be of interest to you; and
r) use as otherwise required or authorised by law.
We may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
We may use and disclose your personal information for marketing purposes (but we will not sell your personal information to any third party). We may contact you about our products and services (including our Site), the products and services of other people, or related special offers from our business partners, that we think may be of interest to you and for which you have provided your consent.
We may use and disclose your personal information to perform research and analysis so that we can develop and implement initiatives to improve our products and services, and identify people likely to be interested in our products and services.
You can opt-out of receiving marketing communications from us at any time by following the ‘unsubscribe’ link in the communication or contacting us using the contact details below. Unsubscribing from promotional communications will not stop service related communications from us, such as administrative alerts in relation to your account.
We may de-identify information about you so that the information can no longer be used to identify you. We may use and disclose de-identified personal information in the course of our business (including in any promotional or marketing material). If we need to use or disclose your personal information for any other purpose, or for a purpose unrelated to the purpose for which we collected your personal information, we will obtain your consent first. We may ask for your express consent or your consent may be implied by an action you take (or don’t take) where it is legally permitted to do so.
We will only share your information with:
a) our employees and third parties including business partners, consultants, contractors, suppliers, service providers, professional advisers and agents who need the information to assist us with conducting our business activities and only to the extent of the minimum that they need to perform their services for us or for you and others you have authorised to interact with us on your behalf;
b) prospective purchasers of all or part of our business or shares in our company;
c) government agencies or authorities, regulators, law enforcement agencies and other parties where authorised or required by law who ask us to disclose that information and to which we are legally required to disclose your personal information;
d) parties identified at the time of collecting your personal information or as otherwise authorised by you.
Any such disclosure shall only be to those who have agreed to be bound by the National Privacy Principles of the Privacy Act 1988 (Cth). We do not and will not sell, rent, share or disclose your personal information without first receiving your permission or as permitted by law and in this privacy policy.
The retention period for information that we collect about you depends on the type of information, as described below. After the retention period has expired, we will either delete or anonymise your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
We may also use your personal information to generate Aggregated Data for internal use and for sharing with others on a selective basis. “Aggregated Data” means records which have been stripped of information potentially identifying customers, landing pages or end- users, and which have been manipulated or combined to provide generalised, anonymous information. Your identity and personal information will be kept anonymous in Aggregated Data.
We use cookies to authenticate and log files to monitor and observe your use of our Site, products and services, compile aggregate data about that use, and provide you with a more effective service (which may include customising parts of our Site based on your preferences and past activities on that Site).Cookies are small amounts of data that are transferred to your web browser by a web server and are stored on your device. Cookies may record information such as Internet domain and host names, user names, Internet protocol (IP) addresses, browser and operating system types, and/or dates and times that our Site is accessed. Cookies may be used to gather user analytics which will be used to analyse trends and statistics in relation to the provision of our products and services.
We will strive to prevent unauthorised access to your personal information, however, no data transmission over the internet, by wireless device or over the air is guaranteed to be 100% secure. We will use industry standard technical and organisational security measures in connection with the storage, processing, and transfer of your information that are designed to protect the integrity of the information and to guard against unauthorised or unlawful access to, use of, or processing of such information.
You have the right to request a copy of your personal information that we hold about you and you have the right to access and edit or correct your information at any time. There is no charge to submit a request to see, edit or to correct information, however we may apply an administrative charge for providing access to your personal information on request. To make this request email us at privacy@workforcedispatch.com.
You can also use our contact details to notify us of any privacy complaint you have against us. We are committed to acknowledging your complaint in a prompt manner and will give you an estimated timeframe for when we will respond to your complaint. While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, you may also be able to lodge a complaint with a relevant regulator such as the Australian Information Commissioner.
If you have any questions or suggestions regarding our privacy policy, please email us at privacy@workforcedispatch.com.
By downloading, installing, or otherwise accessing or using the uniguard cloud based services, through the uniguard website (which are together referred to as the “sites” and individually referred to as a “site”). you agree that you have read, understood, and agree to be bound by this privacy policy. if you do not agree, you may not use the uniguard cloud based services.
This Privacy Policy, together with our Cloud Service Terms of Use, provides an explanation as to what happens to any personal information that you provide to us, or that we collect from you when you access our Site(s) to use our Cloud based web application products and services using either our Android or IOS mobile applications, or other compatible hardware mobile devices (“Cloud Services”). Amendments to this privacy policy will be posted from time to time on the Sites and will be effective when posted. Material changes to the privacy policy will be communicated to you via an emailed notice. Your continued use of the Cloud Services following the posting of any amendment to the privacy policy shall constitute your acceptance of such amendment. If you desire to refuse to give continued consent, then you may log off any Site at any time.
The types of personal information we may collect about you in our daily operation of our Sites typically fall into the following categories:
1. Personal information that you provide by filling in details or data forms on our Site(s) when you are using or accessing the Cloud Services including when you register or sign on for access to the Cloud Services.
2. Details of your visits to our website for the purposes of us providing our Cloud Services and the resources that you access, including, but not limited to, network data, location data, weblogs and other communication data.
3. Personal information provided to us when you communicate with us for any reason in relation to your use of our Cloud Services.
We may collect these types of personal information directly from you or from third parties.
When you join us as a user of our Cloud Services, we ask for personal information that will be used to set-up or activate your account, provide the Cloud Services to you according to account settings you prefer, communicate with you about the status of your account, and for other purposes set out in this privacy policy. Your name, company name, address, telephone number, email address, and certain other information about you may be required by us to provide the Cloud Services or disclosed by you during your use of the Cloud Services. All of the information you input may be changed by you in your discretion. You will also be asked to create a private password, which will become part of your account information.
Additionally, we gather information passively as a result of your use of the Cloud Services including location-based data, usage data, device data, referral data, and information from page tags as set forth in more detail below.
• Tracking and Location Based Information
To provide our tracking and location based services, we often share precise location data including the real time geographic location of your equipment’s tracking device. We may utilise GPS, Bluetooth, and your IP address along with satellite and cellular locations to determine the mobile devices’ approximate location. We obtain both approximate location data (network based) and precise location (GPS and network based).
• Usage Data
We may collect usage data whenever you interact with any of our Sites including the webpages you visit, what you click on, your location, and when you performed certain actions. Additionally, the various Sites keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses, internet service providers, the files viewed, operating system versions, and timestamps.
• Device Data
We collect data from the device and application you use such as your IP address, operating system version, device type, system and performance information, and browser type.
By providing personal information to us and by retaining us to provide you with the Cloud Services on behalf of your organisation (the “Account Owner”) (which you represent you have the legal authority to bind to these terms), you voluntarily consent to the collection, use and sharing of such personal information as specified in this privacy policy. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your personal information in specific circumstances for a particular aspect of the Cloud Services. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information. You are further agreeing to these terms on behalf of your employer (the Account Owner) and you represent and warrant that you have been given the authority to bind the organisation to these terms or that your employer or Account Owner has made you aware of what personal information is to be collected and how it is to be used in the provision of the Cloud Services and you consent to such use.
By logging onto our mobile applications, you are allowing us access to your phone’s state, including the phone number of the device, and current cellular network information. We use this information in order to tie a device's access to your account to a specific API key, to prevent you from having to re-authenticate. Your API key has a separate secret access code which must be presented to validate you as a user. We track the device type, OS version, UUID (specific to the device), client's API version, and first/last access time. We do not share this information with any other parties. We do not track phone calls, whether the phone is currently on a call, other applications running, or any similar information.
You acknowledge that the account under which you access the Cloud Services may be a corporate account of your employer and that, if so, your employer and their administrators shall have full access to all your information collected hereunder. By logging onto any Site, you are giving consent to this sharing of your information with your employer and to such persons as they may grant access or direct.
We use information that we collect to fulfil your requests and to assist with any questions you have about you use of our Cloud Service offerings and to help us maintain the safety and security of our users and the Cloud Services we provide. We do not sell your data. We may, however, from time to time use and share your personal or account information with our service providers where such service providers are used in and help us to provide the Cloud Services to you (such as payment processors, contract manufacturers, and IT and administrative consultants) and only to the limited degree necessary as follows:
• To provide the Cloud Services to the Account Owner (generally your employer) and you and to improve the quality of the Sites and Cloud Services;
• To provide information to the Account Owner and you so that you may use the Site and Cloud Services more effectively;
• To create, manage and control your account information, and to verify access rights to services and software so as to prevent potentially illegal activities;
• To bill the account;
• To respond to legal requests, where authorised by the Account Owner or otherwise required by law;
• To communicate with the Account Owner and you for the purpose of informing you of changes or additions to the Cloud Services, or of the availability of any service we provide;
• To enforce this privacy policy;
• To enhance security of the data submitted or the integrity of the Site;
• To audit and/or improve our Cloud Services;
• To respond to requests for customer service and support; and
• To protect the rights, property or personal safety of you, us, the Account Owner, our users and the public; and as required or authorised by law.
We will only share your information with third parties in accordance with your instructions or as necessary to provide you with a specific service (such as sharing with subcontractors or vendors who assist in providing the Cloud Services) and only to those who have agreed to be bound by the National Privacy Principles of the Privacy Act 1988 (Cth). We do not and will not sell, rent, share or disclose your personal information without first receiving your permission or as permitted by law and in this privacy policy.
The retention period for information that we collect about you depends on the type of information, as described below. After the retention period has expired, we will either delete or anonymise your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
• We retain your account information for as long as your account is active, and a reasonable period thereafter for re-use when you decide to reactivate the Cloud Services. We also retain your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, and to develop and improve our services.
• If the Cloud Services are made available to you through your organisation (e.g., your employer), we retain information as long as required by your employer under our agreement with your employer as required by your nominated Account Owner. If your account is deactivated, your information, communications, and actions you may have taken regarding the Cloud Services will remain in order to allow your organisation to make full use of the Cloud Services before it is deleted or anonymised.
We may also use your personal information to generate Aggregated Data for internal use and for sharing with others on a selective basis. “Aggregated Data” means records which have been stripped of information potentially identifying customers, landing pages or end users, and which have been manipulated or combined to provide generalised, anonymous information. Your identity and personal information will be kept anonymous in Aggregated Data.
The Site may contain links to other sites, and we are not responsible for the privacy practices or the content of such sites. We encourage you to read the privacy policy of linked sites. Their privacy policies and practices differ from our policies and practices.
We use cookies to authenticate and log files to track user information. Cookies are small amounts of data that are transferred to your web browser by a web server and are stored on your device. Cookies may record information such as Internet domain and host names, user names, Internet protocol (IP) addresses, browser and operating system types, and/or dates and times that our Site is accessed. Cookies may be used to gather user analytics which will be used to analyse trends and statistics in relation to the provision of Cloud Services to you.
We will strive to prevent unauthorised access to your personal information, however, no data transmission over the Internet, by wireless device or over the air is guaranteed to be 100% secure. We will use industry standard technical and organisational security measures in connection with the storage, processing, and transfer of your information that are designed to protect the integrity of the information and to guard against unauthorised or unlawful access to, use of, or processing of such information.
We strongly recommend that you do not disclose your password to anyone. If you forget your password, we will send a reset link to the email address of record.
• You must provide accurate information when you create your account;
• You must safeguard your password and all activities that occur under your access codes;
• You must never use another’s account inappropriately and without permission;
• You may not disassemble, decompile, or reverse engineer the Cloud Services or part thereof, or attempt or assist anyone else to do so; and
• You must follow the policies of your employer and under whose account you are entitled to utilise the Cloud Services and you must abide by the contractual agreement between your employer and Uniguard.
To ensure that we are able to provide you with the Cloud Services in the best possible manner, it’s important that you make sure the personal information we hold about you is accurate, up-to-date and complete. If any of your details change, you may contact us using the contact details below so that we can consider and respond to your request. You also have the right to request a copy of your personal information that we hold about you and you have the right to access and edit or correct your information at any time. There is no charge to submit a request to see, edit or to correct information, however we may apply an administrative charge for providing access to your personal information on request. To make this request email us at
privacy@uniguard.com.au.
You can also use our contact details to notify us of any privacy complaint you have against us. We are committed to acknowledging your complaint in a prompt manner and will give you an estimated timeframe for when we will respond to your complaint. While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, you may also be able to lodge a complaint with a relevant regulator such as the Australian Information Commissioner.
If you have any questions or suggestions regarding our privacy policy, please call us on 1300 133 366 or email us at privacy@uniguard.com.au.
These cloud service terms of use (“terms” or “agreement”) are a legal contract between customer and Workforce Dispatch to access and use the cloud services including any software or hardware that Workforce Dispatch provides. These terms explain how customer is permitted to use the website located at the url: https://workforcedispatch.com/login ("the “site”) to access and use the cloud services including any software that Workforce Dispatch provides to customer that allows customer to access the site from a mobile device (a “mobile application”). please refer to clause 19 for definitions of certain terms.
1.1. During the Term, Workforce Dispatch will in accordance with these Terms:
a) provide the Customer with access to and use of the Cloud Services through the Site using the Workforce Dispatch Platform and the Application Software;
b) host the Workforce Dispatch platform and the Content for the Customer in accordance with clause 5;
c) provide updates and new releases to the Cloud Services in accordance with clause 4; and
d) provide the Customer such other services as agreed between UniGuard and the Customer from time to time.
1.2. Each Order for Cloud Services will be subject to these Terms and will set out the number type of User entitlements acquired on a subscription basis by the Customer.
1.3. In providing the Cloud Services to the Customer, UniGuard will:
a) act efficiently, honestly and fairly;
b) comply with applicable laws;
c) not modify, adapt, translate or copy all or any part of the Content other than for the purpose of providing the Cloud Services to the Customer; and
d) ensure that any UniGuard personnel involved in the provision of the Cloud Services are appropriately trained and qualified and comply with UniGuard’s policies and procedures.
Customer may access a Cloud Services only to the extent of authorisations and User entitlements acquired by Customer and in accordance with the UniGuard Acceptable Use Policy set out at https://uniguard.com.au/privacy-policy/acceptable-use-policy/. Customer is solely responsible for the Content of any postings, data, or transmissions using the Cloud Services, or by any person or entity Customer permits to access the Cloud Services. A Cloud Services may not be used in any jurisdiction for unlawful, obscene, offensive or fraudulent Content or activity, such as advocating or causing harm, interfering with or violating the integrity or security of a network or system, evading filters, sending unsolicited, abusive, or deceptive messages, viruses or harmful code, or violating third party rights. If UniGuard has reasonable grounds to believe that Customer is utilising the Cloud Services for any such illegal or disruptive purpose UniGuard may suspend the Cloud Services immediately with or without notice to Customer. UniGuard may terminate the Agreement as contemplated in clause 16.2 if Customer in fact fails to adhere to the foregoing acceptable use standards.
3.1. The Customer may only access and use the Cloud Services for Acceptable Use purposes and in compliance with the Uniguard Acceptable Use Policy at https://uniguard.com.au/acceptable-use-policy and these Terms.
3.2. The Customer is responsible for ensuring Users comply with these terms and conditions and for maintaining the confidentiality of the passwords associated with any account the Customer or its Users may use to access the Cloud Services.
3.3. Without limitation, the Customer must not:
a) assign or resell direct access to the Cloud Services to a third party outside Customer’s enterprise;
b) use or access the Cloud Services to provide services to third parties or combine Cloud Services with Customer’s value add to create a commercially available Customer branded solution that Customer markets to its customers without prior written consent from UniGuard;
c) reverse-engineer, decompile, disassemble or modify the Cloud Services or any part thereof;
d) circumvent any technology used by UniGuard, its licensors or any third party to protect the Cloud Services;
e) remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Cloud Services; or
f) create any derivative works based on the Cloud Services or any part thereof without prior written consent from UniGuard.
3.4. In addition to other duties of Customer set forth in these Terms, Customer is responsible for the following: (a) maintaining the security of its networks, servers, applications and access codes, including, without limitation, the backup and other protection of its system and data, against loss, damage or destruction by third parties; (b) providing information reasonably requested by UniGuard, including, without limitation, any technical and related information, that UniGuard or Third Party Cloud Provider may need from Customer necessary for UniGuard to enable the Cloud Services and shall otherwise undertake the responsibilities applicable to Customer set forth in these Terms; (c) work with UniGuard to resolve performance issues as necessary. UniGuard may assume, without inquiry or liability, that any person in possession of Customer’s account information or access codes has the authority to access Customer’s account or the Cloud Services, or modify Customer’s account. Customer must immediately notify UniGuard in writing of any unauthorised use of such information or codes.
3.5. Consent and Authorisations. Customer shall be solely responsible for obtaining all consents and authorisations from Users as may be required by any applicable law, for the collection, storage and processing of information (including Tracking Data) by UniGuard through the Users use of the Cloud Services according to Customer’s instructions, including any consent required from Users to be tracked and recorded through the Cloud Services.
3.6. Customer will not access or use the Cloud Service other than as set forth in these Terms, and any use other than in accordance with these Terms is unauthorised and is responsible for complying with any applicable laws, rules, and regulations with respect to such access and use.
Included as part of the Subscription Charges, UniGuard will deploy any updates and new releases for the Software Applications and the Cloud Services at no additional cost to the Customer as soon as reasonably practicable after the update or new release is available in accordance with UniGuard’s normal change management process.
UniGuard will host the UGX Platform and the Content on the Infrastructure controlled by a Third Party Cloud Provider nominated by UniGuard during the Term in accordance with the Third Party Cloud Provider Terms. Customer acknowledges that Third Party Cloud Provider may, at any time, amend Cloud Service descriptions or otherwise update them and any documentation relating thereto, including, without limitation, any specifications for the Cloud Services for any reason including, without limitation, legal, safety, business, or technical considerations.
UniGuard may make changes to the content and Cloud Services offered on the Site at any time. UniGuard can change, update, or add or remove provisions of these Terms, at any time by having Customer agree to a new version of these Terms or by posting the updated Terms on this Site and by providing Customer notice. By assenting to the updated Terms or using the Site after UniGuard has updated the Terms, Customer is agreeing to all the updated Terms; if Customer does not agree with any of the updated Terms, Customer must stop using the Site and receiving Cloud Services.If Customer breach any of these Terms, the above license will terminate automatically and Customer must immediately cease using and delete or destroy any downloaded, electronic or printed materials.
7.1. Collection and Storage by UniGuard. UniGuard may collect, store and process additional personal information in the course of the use of special features of the Cloud Service by Customer, as detailed in the Privacy Policy including the processing and storage of: (i) data and/or metadata of Users which may be considered as personal identifiable information by some jurisdictions (such as IP addresses in logs of Users, and general User geolocation information necessary for the provision of the Cloud Services); (ii) e-mail addresses of Users using the Cloud Service, or contacting UniGuard in connection with the provision of support;. In such event, such personal information would be collected, stored and processed only for Customer’s benefit or as required to receive the features and functions of the Cloud Service, and according to Customer’s documented instructions and under UniGuard’s privacy policy available at https://www.uniguard.com.au/privacy-policy (“Privacy Policy”) which is hereby incorporated by reference to this Agreement.
7.2. Correction of Information: The Privacy Policy contains details of how Users may access, review, correct, or delete their personal data in compliance with all applicable laws, policies, and regulations relating to the collection of information from Users.
7.3. Changes in the Privacy Policy: UniGuard shall notify Customer (via the Cloud Service or through its website of material changes in the Privacy Policy, within the timeframe set in the Privacy Policy and as further detailed therein (“Privacy Notice”). In the event the changes in the Privacy Policy adversely or unlawfully changes the material rights of the Users, Customer will have the right to terminate this Agreement by providing a written notice within thirty (30) days following delivery of the Privacy Notice.
7.4. Security: Customer’s and User information is stored with logical separation from information of other customers. In addition, UniGuard shall have in place and shall comply with documented written policies and procedures, periodically reviewed, covering the administrative, physical and technical safeguards in place and relevant to the access, use, loss, alteration, disclosure, storage, destruction and control of information. Such policies and procedures will include, virus detection and firewall utilisation.
7.5. Passwords: UniGuard provides Customer with the ability to register for an account either directly to UniGuard or on the Site using Customer’s account and login credentials. Customer is responsible for maintaining the confidentiality of Customer’s UniGuard password and any other passwords required to access the Cloud Service (collectively, “Passwords), and Customer is responsible for all activities that occur using Customer’s Passwords. Customer agrees not to share Customer’s Passwords, let others access or use Customer’s Passwords or do anything else that might jeopardise the security of Customers Passwords. Customer agrees to notify UniGuard if any of Customer’s Passwords on this Site is lost, stolen, if Customer is aware of any unauthorised use of Customer’s Passwords on this Site or if Customer know of any other breach of security in relation to this Site.
7.6. Tracking Data and Information.
Customer own the Tracking Data. UniGuard may retain and use the Tracking Data to provide the Cloud Services. UniGuard will share Tracking Data with third parties via the approved API where UniGuard (i) have received Customer and User approval or consent; (ii) conclude that it is required by law or has a good faith belief that access, preservation or disclosure of Tracking Data is reasonably necessary to protect UniGuard’s rights, property or safety or that of UniGuard’s users or the public; (iii) provide Tracking Data in certain limited circumstances to third parties to carry out tasks on UniGuard’s behalf where required (e.g., billing or data storage) with restrictions that prevent the Tracking Data from being used or shared except as directed by UniGuard. When Customer deletes Customer’s account or on Customer’s termination of the Cloud Service, UniGuard will purge the Tracking Data on the next data deletion/clean-up cycle.
Customer agrees to make all necessary and appropriate disclosures to its authorised User’s about the collection and use of their tracking information through the Cloud Services.
8.1. Subscription Charges: Customer shall pay UniGuard the Subscription Charges identified in the Order. In addition, UniGuard reserves the right to make adjustments to pricing for reasons including, but not limited to, changing market conditions, discontinuation and unavailability.
8.2. Invoicing/Payment Terms. Subscription Charges for the Cloud Services will commence from the date the Cloud Services are made available by UniGuard to Customer and are non-refundable once consumed, unless otherwise mutually agreed in writing. Subscription Charges include: (a) recurring charges for the applicable billing period of the 1st of every month; and (b) non-recurring set up and other one-off charges, if any, for the applicable billing period. UniGuard will invoice Customer the Subscription Charges in accordance with the frequency indicated in the Order or otherwise in advance. Customer must pay all invoices in full within thirty (30) days of the invoice date. All amounts not paid when due are subject to a late fee on the outstanding balance for each month that it remains unpaid equal to the lesser of 1.5% per month and the highest rate allowable by applicable law. If any amount owing by Customer under this Agreement or any Order for Cloud Services is not paid when due, UniGuard may, without limiting UniGuard’s other rights and remedies, UniGuard reserves the right to suspend the provision of the Cloud Services to Customer until such amounts are paid in full. Customer is responsible for UniGuard's costs of collection for any payment default, including, but not limited to, court costs, filing fees and attorneys' fees.
8.3. UniGuard reserves the right to change prices for Subscriptions at any time and does not provide price protection or refunds in the event of price decreases, except that, if Customer has an Order for Cloud Services in place with prices fixed for a specific initial term, then UniGuard may increase prices only after the initial term set out in that Order and any price increase would be effective upon no less than 30 days’ prior written notice.
8.4. If new Cloud Services or features are procured, Customer will need to execute a new Order for any such new or additional Cloud Services.
8.5. Taxes: Subscription Charges or prices expressed in the Order exclude taxes of any kind. Federal, state and local sales use and excise taxes and all similar taxes and duties, (excluding taxes based on UniGuard's income, assets or net worth), are solely Customer’s responsibility.
9.1. UniGuard makes available Mobile Applications to access to access and use the Cloud Services through the Site via a mobile device. To use the Mobile Application, Customer must have a mobile device that is compatible with the Mobile Application a list of compatible mobile devices is available from UniGuard. UniGuard hereby grants to Customer a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for each registered User account on one mobile device owned or leased solely by Customer, for Customer or User’s use. Customer may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any Content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. Customer acknowledge that UniGuard may from time to time issue upgraded versions of the Mobile Application and may automatically electronically upgrade the version of the Mobile Application that Customer or Users are using on their applicable mobile device. Customer consents to such automatic upgrading on Customer or User’s mobile device and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and UniGuard and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to the use of the Mobile Application. The Subscription Charge does not include the provision of a compatible mobile device which needs to be separately acquired by the Customer either through a third party or from UniGuard as the Customer may decide in its sole discretion.
9.2. The following additional terms and conditions apply with respect to any Mobile Application accessed through or downloaded from a Third Party App Store:
a. Customer acknowledge and agree that (i) the Terms are concluded between Customer and UniGuard only, and not the Third Party App Store, and (ii) UniGuard, not the Third Party App Store, is solely responsible for the App Store Sourced Application and Content thereof. Customer’s use of the Mobile Application must comply with the Third Party App Store terms and conditions.
b. Customer acknowledge that the Third Party App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application.
c. Customer and UniGuard acknowledge that, as between UniGuard and the Third Party App Store, the Third Party App Store is not responsible for addressing any claims Customer have or any claims of any third party relating to the Mobile Application or Customer’s possession and use of the Mobile Application, including, but not limited to:
(i) product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
d. Customer and UniGuard acknowledge that, in the event of any third-party claim that the Mobile Application or Customer’s possession and use of that Mobile Application infringes that third party’s intellectual property rights, as between UniGuard and the Third Party App Store, UniGuard, not the Third Party App Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
e. Customer and UniGuard acknowledge and agree that the Third Party App Store, and their subsidiaries, are third-party beneficiaries of the Terms as related to Customer’s license of the Mobile Application, and that, upon Customer’s acceptance of these Terms, the Third Party App Store will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to Customer’s license of the Mobile Application against Customer as a third-party beneficiary thereof.
f. Without limiting any other terms of the Terms, Customer must comply with all applicable third-party terms of agreement when using the Mobile Application.
The Customer acknowledges that UniGuard may use certain third party software and applications to provide the Cloud Services to the Customer and UniGuard is not responsible for any failure to provide the Cloud Services which is caused or contributed to by any failure of the third party software applications. If required by UniGuard, the Customer must comply with such terms and conditions notified by UniGuard from time to time as govern the use of such third party software applications, in addition to these Terms.
11.1. UniGuard warrants that it provides Cloud Services using commercially reasonable care and skill and during the Term of each applicable Order, the Cloud Service will substantially conform to the specifications as set out in the UniGuard documentation. The warranty for a Cloud Service ends when the Cloud Service ends. The warranty for a hardware device ends 12 months from activation date and covers all repairs but not replacements which is at the expense of the customer.
11.2. UniGuard does not warrant uninterrupted or error-free operation of a Cloud Service or that UniGuard will correct all defects or prevent third party disruptions or unauthorised third party access. These warranties are the exclusive warranties from UniGuard and replace all other warranties, including the implied warranties or conditions of satisfactory quality, merchantability, non-infringement, and fitness for a particular purpose. UniGuard warranties will not apply if there has been misuse, modification, damage not caused by UniGuard, or failure to comply with instructions provided by UniGuard.
11.3. These warranties are in addition to any rights under, and only limited to the extent permitted by, the Competition and Consumer Act 2010.
12.1. A party (the “Discloser”) may disclose to the other party (the “Recipient”) in the course of providing, receiving or using the Cloud Services certain information that is specifically marked as “confidential” or with any similar designation or, if disclosed orally, is within five business days reduced to a writing that is marked “confidential” (“Confidential Information”). Additionally, the Tracking Data is Customer’s Confidential Information, even though it is not marked as confidential. The Recipient shall not disclose or cause to be disclosed any of Discloser’s Confidential Information to any third party, except to those employees, agents, representatives, consultants, service providers and contractors of the parties who require access to the Confidential Information for purposes relating to these Terms (“Authorised Personnel”) and who are obligated or bound not to disclose third party confidential or proprietary information disclosed to Recipient. Furthermore, the Recipient agrees to be responsible for any act or omission of any Authorised Personnel in breach of this clause 12. The Recipient shall protect the Confidential Information of Discloser by using the same degree of care, but no less than a reasonable degree of care, that the Recipient uses to protect its own confidential information of a like nature.
12.2. Confidential Information does not include information that: (i) is or becomes publicly available through no act or omission of the Recipient; (ii) was in the Recipient’s possession without restriction on disclosure prior to the disclosure by the Discloser; (iii) is disclosed to the Recipient by a third party without restriction on disclosure; (iv) is independently developed by the Recipient without access to or use of the Discloser’s Confidential Information; or (v) is approved for release. The Recipient’s disclosure of the Discloser’s Confidential Information in order to comply with a law, court order, subpoena, or other government requirement or demand shall not be a breach of this clause 12. In such cases, the Recipient shall provide prompt written notice of such required disclosure to the Discloser in order to afford the Discloser an opportunity to seek a protective order or other legal remedy to prevent such disclosure.
13.1. UniGuard’s Rights. UniGuard owns and shall retain all right, title, and interest, including Intellectual Property Rights, in and to the Cloud Service and the solutions provided thereby, and all the underlying Software Applications, all as may be updated, improved, modified or enhanced from time to time; and further – in and to the brand names, logos and trademarks related to the foregoing.
13.2. Customer’s Ownership. Customer owns and shall retain all right title and interest in and to the Content which is (i) provided by Customer to UniGuard for the purpose of the provision of the Cloud Service; (ii) created by Customer using the Cloud Services;
13.3. Customer hereby grants to UniGuard a limited, non-exclusive, non-transferable (except in connection with the permitted assignment of this Agreement), and royalty-free license to use the Content and its affiliates solely for the purpose of providing the Cloud Service to Customer pursuant to this Agreement and the applicable Order.
14.1. Indemnification obligation. UniGuard will defend Customer from and against any claim by a third party against Customer to the extent the claim is based on an allegation that the Application Software provided by it, infringes upon, or misappropriates, any Intellectual Property Rights of a third party (“Infringement Claim”), and shall indemnify Customer against all liabilities, damages, costs (including settlement costs and reasonable attorneys’ fees) awarded by a competent court, arbitrator/s, or in a settlement, as a result of such claim by a third party; provided that (i) Customer has notified UniGuard promptly in writing of such claim; (ii) Customer has provided UniGuard with the authority to control and handle the claim including the defence and settlement of such claim; and (iii) Customer provides to UniGuard all information and assistance (at UniGuard’s expense) as may be required for that purpose.
14.2. Exclusions. In no event will UniGuard have any obligation or liability under this clause 14 arising from: (i) use of any Application Software in a modified form or in combination with materials not furnished by UniGuard; and (iii) any failure by Customer to comply with Customer’s responsibilities under this Agreement.
14.3. Remedial Actions. In the event that the Application Software or any part thereof is likely to, in UniGuard’s sole opinion, or does become the subject of an Infringement Claim, UniGuard may, at its option and expense: (i) procure for Customer the right to continue using the Application Software (including the allegedly infringing portion/item); (ii) substitute a functionally equivalent non-infringing replacement for such allegedly infringing portion of the Application Software or otherwise modify it to make it non-infringing and functionally equivalent; or (iii) terminate the Agreement and any outstanding Order and refund to Customer fees paid to UniGuard for the infringing items in an amount prorated to reflect the period of time between the date Customer was unable to use the Application Software due to such Infringement Claim and the remaining days in the current Subscription Period.
15.1. Indemnification. Customer shall defend and indemnify UniGuard for, from, and against any losses, damages, penalties, costs, and expenses, including, without limitation, reasonable attorney fees incurred by UniGuard in connection with any claims or actions by Service Provider or other third parties arising out of or resulting from (i) any Customer provided data, information or Content passing through the Third Party Cloud Provider’s network, (ii) unauthorised or misuse of Cloud Services by Customer, its employees or agents (excluding any claims that the Cloud Services, as provided by UniGuard, infringe third-party intellectual property rights), or (iii) Customer’s failure to comply with applicable law or these Terms.
15.2. To the maximum extent permitted by law and subject always to clause 15.2(b) and 15.2(c):
(a) Direct Damages Limitation. UniGuard’s maximum liability to Customer for damages arising in any way out of an Order is limited to proven direct damages and shall not exceed the total amount paid by Customer to UniGuard for the Cloud Services under that Order during the preceding twelve-month period immediately preceding the event giving rise to such liability.
(b) Indirect/Special Damages. Except for fraud, neither party will be liable for any indirect, special, incidental or consequential damages, nor damages for loss of business profits, business interruption, loss of business information and the like, arising in any way out of the Order, or the use of or inability to use any Cloud Services, even if advised of the possibility of such damages.
(c) Limitations - Applicability. Both parties understand and agree that the limitations of liabilities for each party set forth in these Terms are reasonable and they would not have entered into an Order without such limitations. Further, each party agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the order must be filed within 2 year after such claim or cause of action arose.
15.3. Notwithstanding the foregoing, these Terms must be read and construed subject to any statutory provisions, which cannot lawfully be excluded, restricted or modified. If any such statutory provisions apply then, to the extent to which UniGuard is entitled to do so and at UniGuard's option, UniGuard limits its liability pursuant to such provisions to the re-performance or refund of the cost of Cloud Services under the applicable Order.
16.1. The Term of a Cloud Service begins on the date UniGuard notifies Customer that Customer can access the Cloud Service. UniGuard will specify whether the Cloud Service renews automatically, proceeds on a continuous use basis, or terminates at the end of the term as set out in an Order. For automatic renewal, unless Customer provides written notice to UniGuard not to renew at least 30 days prior to the Term expiration date, the Cloud Service will automatically renew for the specified Term.
16.2. For Cause.
UniGuard. UniGuard may terminate an Order for Cloud Services, in whole or in part, with immediate effect, if Customer materially breaches these Terms and fails to remedy that breach within 30 days of receipt of UniGuard’s written notice of such breach. A material breach includes but is not limited to: (i) Customer’s failure to pay Fees when due, (ii) rejection, for any reason, of any charges for Subscription Charges using a credit card provided by Customer, or (iii) Customer’s breach of clause 2, 3, 6, 12 or 13. In addition, If UniGuard terminates any part or all of the Cloud Services in connection with any Use Issues, Customer shall be deemed to have been in material breach of the Order. Notwithstanding anything to the contrary in this paragraph, if Third Party Cloud Provider terminates the infrastructure hosting component of the Cloud Services in connection with any Use Issues, UniGuard may terminate the Order for Cloud Services in whole or in part, upon written notice with immediate effect unless indicated otherwise in such notice.
Customer. Customer may terminate the Order if UniGuard materially breaches these Terms and fails to remedy that breach within 30 days after receipt of Customer’s written notice of such breach. UniGuard shall not deemed in default if a Third Party Cloud Provider withholds provision of Cloud Services or suspends or terminates Customer’s access to, or use of, Cloud Services, or any part thereof, as allowed under this clause 16.2. Any such action by Third Party Cloud Provider does not give Customer the right to terminate the Order.
16.3. For Convenience. Once Cloud Services are provisioned (made available for use by Customer), an Order may not be terminated or suspended by Customer for convenience. An Order will automatically terminate with immediate effect, without any liability for such termination, upon written notice to Customer if Third Party Cloud Provider terminates its agreement with UniGuard to provide the infrastructure hosting component of the Cloud Services.
Workforce Dispatch may include and use Customer’s name on a list of customers and may refer to Customer as a user of the Cloud Services in its advertising, marketing, promotional and investor materials.
18.1. These Terms and each applicable Order are the entire agreement between Customer and UniGuard and supersede all prior or contemporaneous negotiations, discussions or agreements between Customer and UniGuard with respect to the subject matter hereof. Without limitation, these Terms may not be amended, superseded, modified or extended by any purchase order, terms of purchase or other similar document of Customer, even if accepted by UniGuard. The proprietary rights, disclaimer of warranties, representations made by Customer, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. If any part of these Terms is, for any reason, found to be invalid, illegal, or unenforceable, all other parts of the Order will remain in effect. UniGuard may, at its sole option, revise the Terms from time to time and post the revised terms on its website. Neither party may assign its duties or rights under the Order, whether by operation of law or otherwise, except with the other party's prior written consent; provided that UniGuard will have the right to assign the Order to a corporate successor. A delay or failure to exercise or partially exercise any right under these Terms does not operate as a waiver, nor will it preclude future exercise of that right or permit or sanction any subsequent breach of any term or condition.
18.2. Force Majeure. Except for the obligation to make timely payments, neither party will be liable for any failure or delay in the performance of the obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of nature, acts of government in either its sovereign or contractual capacity, national emergencies, acts of terrorism, transportation delays, labour disturbances, work stoppages or loss of electrical power; loss of telecommunications or similar infrastructure.
18.3. Governing Law. Both parties specifically agree to submit to the exclusive jurisdiction of, and venue in, the courts of New South Wales, Australia in any dispute arising out of or relating to the Agreement without giving effect to any conflict of law rules.
18.4. Contact Us. If Customer has any questions about these Terms or otherwise need to contact UniGuard for any reason, Customer can do so at: Attn: The Managing Director, Deltronic Pty. Ltd Trading As UniGuard, 6/70 Holbeche Rd, Arndell Park NSW 2148
“Acceptable Use” means a set of rules to be followed by Users or Customers for access to the Site and use of the Cloud Services. An Acceptable Use Policy clearly states what the User is and is not allowed to do with these resources.
“Application” means any suite, configuration file, add-on, technical add-on, example module, command, function or application that extends the features or functionality of the applicable Cloud Service or the underlying Software Application.
“Content” means any information or data provided by Users in connection with their use of the Cloud Services, including any text, data, images, photographs, video, audio, graphics, message files and similar types of content.
“Cloud Service(s)” means any of the hosted services using the UGX Platform and Software Applications provided and maintained by UniGuard for online tracking, monitoring, analysing and reporting of machine-generated data. Cloud Services do not include Content, even if made available in connection with any Cloud Service.
“Customer” means a company or organisation that acquires the Cloud Services for its Users under an Order. Customer also includes its authorised Users.
“Effective Date” means the date the Cloud Service commences as listed on the Order.
“Intellectual Property Rights” means any and all intellectual property rights, whether registered or not, worldwide including, without limitation, all the following: (i) copyrights, including moral rights, registrations and applications for registration thereof; (ii) computer software programs, data and documentation; (iii) patents, patent applications and all related continuations, divisional, reissue, design patents, applications and registrations thereof, certificates of inventions; and (iv) trademarks, trademark applications, domain names, trade secrets and confidential information.
“Mobile Application” means a Software Application that runs on a compatible mobile device as described in clause 9.
“Order” means UniGuard’s quote or ordering document (including online order form) accepted by Customer via Customer’s purchase order or other ordering document submitted to UniGuard to order the Cloud Services.
“Site” means the UniGuard website located as url https://uniguardx.com/login through which the Customer and Users shall access and use the Cloud Services. “Software Applications” means a specific and unique instance of the UniGuard software product that is made available to Customer as part of the UGX Platform that are interoperable with the Cloud Services, and includes any new releases or maintenance and support updates to such software as UniGuard makes available during the Subscription Period. Software Applications include the Mobile Application and other Applications but does not include Content.
“Subscription Charge” means the charges to be paid for the Cloud Services on a subscription basis as set out in an Order.
“Subscription Period” or “Term” means the duration of Customer’s subscription to the applicable Cloud Service(s) under the Agreement that begins on the Effective Date and ends on the date listed on the applicable Order.
“Third Party App Store” means a type of digital distribution platform made available by a third party through which Users may acquire for the Mobile Applications. Examples include Apple App Store and Google Play.
“Third Party Cloud Provider” means the third party cloud based infrastructure provider which hosts the UGX Platform and the Software Applications.
“Tracking Data” means the collection of location data regarding a particular User's activity across multiple locations using commercially available geolocation software and the retention, use, or sharing of location data derived from that activity as part of the Cloud Services.
“UGX Platform” means the UniGuard on-line platform known as UniGuard X and all Software Applications made available through https://uniguardx.com/login and are interoperable with the Cloud Service. The UGX Platform includes Software Applications but does not include Content.
“Use Issues” means Customer’s misuse of Cloud Services in violation of the Order, the Terms, the Acceptable Use Policy or due to any other act or omission of Customer in their use of the Cloud Services.
"User" means “Customer” and an individual whom Customer authorises to use the Cloud Services and whom Customer (or UniGuard, at Customer request) have supplied a user identification and password. Users may, for example, include Customer employees, consultants, contractors and agents.
This Acceptable Use Policy ("AUP") outlines unacceptable use of the Uniguard Cloud web based services controlled by Uniguard which interact with, or access, the Internet (the “UniGuard Cloud Services”) through the Uniguard website (“Website”). This AUP is in addition to any other terms and conditions under which the Uniguard provides the UniGuard Cloud Services to you in the Uniguard Cloud Service - Terms of Use and describes ways that you are not authorised to use any Website, any materials available that appear on those Websites and any services or products offered from any Website. UniGuard may make reasonable modifications to this AUP from time to time by posting a new version of this document on the UniGuard’s Website at "https://www.uniguard.com.au/acceptable-use-policy/" (or any successor URL(s)). Revisions are effective immediately upon posting. Accordingly, we recommend that you visit the UniGuard Web site regularly to ensure that your activities conform to the most recent version. the examples listed in this AUP are not exhaustive. Prohibited uses and activities include, without limitation, any use of the UniGuard Cloud Services in a manner that, in UniGuard’s reasonable judgment, involves, facilitates, or attempts any of the following:
• Violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a "Law");
• gambling activities;
• displaying, performing, sending, receiving or storing any content that is obscene, pornographic, lewd, lascivious, or excessively violent, regardless of whether the material or its dissemination is unlawful;
• advocating or encouraging violence against any government, organisation, group, individual or property, or providing instruction, information, or assistance in causing or carrying out such violence, regardless of whether such activity is unlawful;
• Violates or otherwise encroaches on the rights of others, including, but not limited to, infringing or misappropriating any intellectual property or proprietary right of another including deleting or altering author attributions, copyright notices, or trademark notices, unless expressly permitted in writing by the owner;
• Advocates or induces illegal activity;
• Stalks, harasses, or harms anyone;
• Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Modifies, alters, tampers with, repairs, or otherwise creates derivative works of any software included in the UniGuard Cloud Services (except to the extent software included in the UniGuard Cloud Services is provided to Customer under a separate license that expressly permits the creation of derivative works);
• Except as allowed by local law, reverse engineers, disassembles, or decompiles the UniGuard Cloud Services or software included in the UniGuard Cloud Services;
• Interferes with or disrupts any Website or any UniGuard Cloud Services or servers or networks connected to the UniGuard Cloud Services;
• Uses any high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access any Website or any UniGuard Cloud Services or any other accounts, computer systems, or networks connected to the UniGuard Cloud Services (each a "System");
• Attempts to gain unauthorized access to any portion of the UniGuard Cloud Services or any System, whether through hacking, password mining, or any other means; and
• Violates the security or integrity of a System.
• sending or posting unsolicited messages or e-mail, whether commercial or not, a) to any recipients who have requested that messages not be sent to them, or b) to a large number of recipients, including users, newsgroups, or bulletin boards, at one time;
• evading spam filters, or sending or posting a message or e-mail with deceptive, absent, or forged header or sender identification information;
• propagating chain letters or pyramid schemes, whether or not the recipient wishes to receive such mailings;
• holding UniGuard, its affiliates, officers, employees and/or shareholders up to public scorn or ridicule, or misrepresenting your relationship with the UniGuard.
While not obligated to perform investigations, UniGuard may:• Investigate violations of this AUP or misuse of any Website or UniGuard Cloud Service;
• Investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity;
• Remove, disable access to, or modify any content or resource that UniGuard believes violates this AUP or any other agreement UniGuard has with you; or
• Suspend or terminate provision of UniGuard Cloud Services to you for uses that violate this AUP or any other agreement UniGuard has with you.It is up to UniGuard to decide whether any user submission of your use of a Website or Service is prohibited. All user submissions that are provided to UniGuard or actions that are performed via your account, whether provided or performed by Yourself or someone involved in your business (such as your employees, contractors or customers and end users) are your sole responsibility. UniGuard may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. UniGuard's reporting may include disclosing appropriate information that you may have provided. UniGuard also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.
Customers can report abuse of this AUP to privacy@workforcedispatch.com.
If customers have any questions or suggestions regarding this AUP, please contact Workforce Dispatch at privacy@workforcedispatch.com.