PRIVACY POLICY

C9 Software understands and respects the importance of the privacy of your personal and business information and the information of your customers and suppliers. During the process of using the Goods and Services provided by C9 Software, it may be necessary for us to collect your personal and business information and the information of your customers and suppliers. This information may include addresses, full names and contact details, credit card detail, business and sales data, and vehicle identification numbers. While we do collect, use, store and share the information in accordance with this Privacy Policy, we are also committed to protecting, controlling and inquiring about the usage of those information. This Privacy Policy describes our collection, use, disclosure, storage, and protection of your personal information.

Please read this Privacy Policy carefully. By using our Goods and Services, you have agreed to the terms of this Privacy Policy, and you are consenting to our collection, use, disclosure, and storage of your personal and business information and the information of your customers and suppliers in accordance with this Privacy Policy.

C9 Software strongly recommends that its Customers enter into Privacy Policies with their own customers and suppliers, regarding how the information of those customers and suppliers is collected, stored and used, both in relation to the Customer’s use of C9 Software’s Goods and Services, and more generally.

    COLLECTION OF INFORMATION

  1. During the process of using the Goods or Services, you will be required to provide your personal and business information and information relating to your customers and suppliers (together “Customer Information”) including but not limited to:
    1. full names, contact details, email addresses, delivery and billing address, tax file numbers and bank/payment details of yourself and your officers;
    2. full names, contact details, email addresses, delivery and billing addresses, and bank/payment details of your customers and their officers;
    3. full names, contact details, email addresses, delivery and billing addresses, and bank/payment details of your suppliers and their officers; and
    4. business information including vehicle identification numbers (“VINs”), sales history, expenses, stock, profit, finance and general taxation compliance related matters.
    This information will be collected and stored by C9 Software.
  2. In addition to Clause 1, when you use the Goods or Services, certain information may be created and collected (also “Customer Information”). The information that may be collected includes the following:
    1. your log-in and account details;
    2. cookies, web beacon and other tracking technologies;
    3. your web history;
    4. location information which will be updated in real-time based on the feedback received from your device;
    5. information about the device you are using to access our Goods and Services including the model, the operating system, your device settings and your IP address;
    6. software application activity and event logs; and
    7. any other information you provide or create while you are using our Goods and Services.
  3. The Customer acknowledges and agrees that, in the course of supplying Goods and Services to the Customer:
    1. C9 Software will receive Customer Information;
    2. C9 Software will store Customer Information; and
    3. for the purpose of storing Customer Information, C9 Software may use the services and systems of specialist third-party information storage providers.
  4. USAGE OF INFORMATION

  5. The Customer Information may be used by C9 Software for the following purposes:
    1. to provide Goods and Services to you, and to contact you to resolve any complaints or issues;
    2. to verify your identity;
    3. to customise and improve our Goods and Services to provide you with a better experience;
    4. to get a better understanding of you, your needs, your behaviour and how you interact with us to identify ways in which we can improve our Goods and Services and to customise our communications and advertisements to suit your preferences;
    5. to update you on our latest products, news and promotions. If you have registered with us or provided us with your email address and have elected to receive marketing communications from us, then we will update you about any new C9 Software Goods or Services or promotions. Further to (d) above, we will endeavour to customise this to suit your needs and preferences;
    6. to create, use and distribute aggregated industry benchmarking and performance metrics as C9 Software deems fit. Customer information used for this purpose will be aggregated and anonymised such that Personally Identifiable Information and commercially sensitive information will be removed;
    7. to detect and prevent fraudulent and unauthorised transactions;
    8. to comply with our legal and regulatory obligations. For example, if we are required to disclose your information in accordance with the law or by court order; and
    9. to enforce our legal rights.

    COOKIES AND APPLICATION EVENT LOGS

  6. In addition to Clause 4, Cookies, web beacons and event logs may be employed to collect and use your information and to store any such information collected. The information may be used to:
    1. Identify you when you sign-in;
    2. Analyse and keep track of your usage of our Goods and Services to allow us to gain a better understanding of your preferences;
    3. Conduct research and diagnostics to improve our content and services;
    4. Preventing fraudulent activities and increasing security.
  7. We also may allow third parties that provide services to us, or assist us in marketing our products and analysing your usage, to collect certain non-personal or anonymous information through cookies or web beacon. We are not responsible for any of the cookies placed by the third parties and are not responsible for their actions in using the information collected.
  8. PROTECTION OF YOUR INFORMATION

  9. To protect against the loss, misuse or unauthorised disclosure or access of the information provided to us, we have implemented security measures on our Goods and Services. We have implemented encryption technology on data in transit to protect Customer Information that you have provided.
  10. We will use reasonable efforts to ensure that Customer Information is protected in accordance with Clause 7. We do not promise or warrant that the Goods or Services will not be hacked, or that the Customer Information may not be accessed by an unauthorised user of the Goods or Services, provided that we have discharged our obligation and used reasonable efforts to protect your information from being accessed by an unauthorised user.
  11. DISCLOSURE OF INFORMATION

  12. By using C9 Software’s Goods and Services, the Customer acknowledges that Customer Information may be shared with third parties.
  13. C9 Software may disclose Customer Information to a third party:
    1. where C9 Software is legally required to do so; or
    2. where it is reasonably necessary or desirable for C9 Software to do so in the course of any legal proceedings to which C9 Software is a party;
    3. where, in the reasonable opinion of C9 Software, it is necessary, expedient or desirable to do so for the purpose of any of the uses referred to in Clause 4, or to store the Customer Information;
    4. where the Customer has give its consent in writing

    PROVIDED THAT C9 Software will use its best efforts to notify the Customer prior to disclosing any Customer Information pursuant to parts (a) and (b) of this Clause 10. In any event, C9 Software will notify the Customer that C9 Software has disclosed any Customer Information to a third party pursuant to parts (a) and (b) of this Clause 10 as soon as reasonably practicable after it has done so.

  14. If the Customer Information includes any personal or business information about the Customer’s officers, employees, contractors, clients, customers or suppliers, the Customer warrants to C9 Software that the Customer has obtained the prior consent from those officers, employees, contractors, clients, customers or suppliers to pass that information to C9 Software and for C9 Software to use that information in accordance with the Terms. The Customer must indemnify C9 Software and hold C9 Software harmless against any claims, demands, losses, damages, liabilities and costs (including any legal costs on an indemnity basis) whatsoever which C9 Software might suffer or incur (and whether directly or indirectly) as a result of a breach by the Customer of the warranty given in this Clause 11. To avoid doubt, the warranty given in this Clause 11 applies to personal information about the Customer’s officers, employees, contractors, clients or customers that is given to C9 Software by the Customer at any time whether before or after the commencement of the Terms.
  15. C9 Software may receive the Customer’s credit card details or other payment information (including but not limited to identifiers for other electronic payment and settlement channels) (‘Payment Information’). C9 may use the Payment Information to make payments directly to C9 Software for Goods and Services, or to make a payment or set up a payment arrangement to a third party with the prior consent of the Customer. C9 may pass some or all of the Payment Information to a third party for any purpose stated in this Clause 12. C9 Software will not be liable to the Customer for any loss or damage suffered by the Customer as a result of C9 passing on any of the Customer’s Payment Information to a third party in accordance with this Clause 12.
  16. Customer Information may be disclosed to third parties who are our affiliates, partners or associates, our agents and contractors, and third party service providers who we rely on to provide services on our behalf. These third parties may also use your information for the usages as stated under Clause 4 above. These third parties may include freight/courier companies, payment processors and other service providers.
  17. In the event that we share your personal information with any of the third parties mentioned in Clause 13, we will endeavour to ensure that such third parties comply with this Privacy Policy in their usage, protection and disclosure of your information.
  18. As we develop our business, it is possible that C9 Software will be acquired by or merge with another entity. In such an event, C9 Software may transfer your personal information to that entity, or in the event of a merger, any newly created entity.
  19. CUSTOMER ACCESS TO CUSTOMER INFORMATION

  20. Within a reasonable time of a request by the Customer, C9 Software will:
    1. give to the Customer a copy of the Customer Information held by C9 Software (or such part of the Customer Information as requested);
    2. give to the Customer a copy of the Customer Information that has been or will be shared by C9 Software (or such part of the Customer Information as requested); and
    3. destroy the Customer Information held by C9 Software (or such part of the Customer Information as requested).
  21. C9 Software may charge the Customer for the time involved in meeting a request pursuant to Clause 16. The Customer will be charged in accordance with the Terms and C9 Software’s rates of charge for the time being.
  22. MARKETING

  23. We may use your information to notify you of important changes to our Goods, new features, send you our newsletters and the latest offers or promotions.
  24. If you prefer not to receive any email notifications about offers or promotions, or newsletters, you may choose to unsubscribe by following the instructions set out in the email. We note that you will not be able to unsubscribe from notifications about changes to our Goods or other service-related announcements such as maintenance of our system and Goods.
  25. SCOPE OF THIS PRIVACY POLICY

  26. This Privacy Policy does not apply in the following circumstances:
    1. Information collected by third-parties when they access our services; and
    2. Information collected by other companies or advertising agencies through our services.

    AMENDMENTS

  27. This Privacy Policy may be amended from time to time, and any such amendments will form part of this Privacy Policy. We will notify you of any proposed amendments to the Privacy Policy which affects you by placing an announcement on the homepage or by sending an email to you.
  28. If you continue to use our services after we have notified you about the amendments, you will be deemed to have accepted the amendments and will be bound by the amended Privacy Policy.
  29. AUSTRALIAN PRIVACY PRINCIPLES

  30. This Privacy Policy is to be read subject to the Australian Privacy Principles. To the extent that the Australian Privacy Principles are inconsistent with and more favourable to you than this Privacy Policy, then the Australian Privacy Principles prevail to the extent of the inconsistencies.
  31. CONTACT DETAILS

  32. Please direct any queries or concerns to enquiries@c8software.com.au.
Version 1.0 - 5th April 2023