​TERMS OF USE

1. ACCEPTANCE AND AMENDMENT

1.1 Acceptance of Terms: These Terms apply to your use of EQUALL. By downloading the app, accessing or using EQUALL, you accept these Terms. If you are an authorised representative of another person (e.g. a company), you confirm that you are authorised to, and do in fact, bind that person to these Terms. If you do not accept these Terms, you must immediately stop using EQUALL.

1.2 Amendment of Terms: We may amend these Terms at any time by updating them on this Website. All amendments will be effective immediately upon an update being made. You are responsible for ensuring that you are familiar with the latest Terms. By continuing to access or use EQUALL following an update, you agree to be bound by the amended Terms.

These Terms were last updated on 27/07/2020.

1.3 Notice: You agree that publication of information on the Website by us or communication with you by email is sufficient to satisfy any notice or communication requirements we may have under these Terms.

2. DEFINITIONS

2.1 Definitions: In these Terms: 

Confidential Information: Any information that is not public knowledge and which is provided or obtained by you in the course of or in connection with your use of EQUALL.

Personal Information: has the meaning given in the Privacy Act 1993.

EQUALL: the services delivered by CommunityEye Ltd for the purposes set out in clause 3.1, and which are accessed through the EQUALL app.

Terms: These terms and conditions titled EQUALL Terms of Use.

User: Any person accessing or using the EQUALL app.

Website: www.EQUALL.app

you or your: The person accessing or using EQUALL .

3. GENERAL DESCRIPTION

3.1 Purpose: EQUALL provides an online platform to reduce and prevent discrimination in the workplace. This is primarily done through anonymous employee reporting of discrimination against an organisational structure, enabling managers to identify ‘hot spot’ areas within the organisation, and communicate directly with the effected employees to resolve the instances of discrimination.

4. AUTHORISATION

4.1 Authorisation: We authorise you, on a non-exclusive and non-transferable basis, to access and use EQUALL on these Terms for the intended purpose of honesty identifying instances of discrimination within a workplace.

5. FEES

5.1 Payment method: by invoice – EQUALL invoices are payable starting 7 days from the date the account was created

5.2 Timing of payments: Clients can choose to pay monthly

5.3 Overdue payments: Overdue payments incur a late payment fee of $50 per late occurrence, and an interest rate of 3% per month on the remaining balance until it is paid in full. We have the right to suspend or terminate your access to our Services if your payment of fees becomes overdue.

5.4 Taxes: All fees are exclusive of taxes (unless otherwise indicated), and the Client indemnifies and holds us harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.

5.5 Changes to fees: We reserve the right to amend the fees from time to time. Where any third party charges are imposed in relation to EQUALL or as a result of any use of EQUALL, the fees do not include those charges. You are responsible for any third party charges incurred in the use of EQUALL.

6. GENERAL OBLIGATIONS OF USE

6.1 EQUALL is made available on an individual User basis via the provision of individual app. You are responsible for keeping your app secure. You agree:

a. not to permit any other person to use your assigned app

b. not to impersonate another person or misrepresent authorisation to act on behalf of others or us; and

c. not to attempt to view access or copy any User Content other than that to which you are authorised to access.

6.2 Information: You warrant that all User Content uploaded by you is true, complete and accurate and is not in breach of any third party rights, objectionable, defamatory, obscene, harassing, threatening, incorrect, misleading or unlawful in any way.

6.3 Risk:

a. In your use of EQUALL, you may have access to other Users’ User Content and other Users may have access to your User Content, particularly where those Users form part of your EQUALL network;

b. As with any use of online services to provide, upload, store or transmit information, there is a risk of unauthorised access or use of that information by others. You bear the risk that any Confidential Information included in your User Content, including Personal Information, could be improperly used or disclosed by any other person.

6.4 Confidentiality: Despite your acknowledgement of the risk in clause 6.3, you agree to keep confidential at all times any Confidential Information and ensure that any professional advisor or Users joined to your network are aware of and comply with the provisions of this clause. You will not use or disclose any other User’s User Content other than for the purpose of using EQUALL for its intended purpose, unless you have the consent of the person to whom the information relates. Your obligation under this clause continues even after you have stopped using EQUALL .

6.5 Use of EQUALL : You must not act in a way, or use, or attempt to damage, interfere with or introduce anything (including, without limit, sending or posting spam, introducing any virus, robot, spider, scraper or other automated means to access EQUALL ) that compromises EQUALL, or software or systems underlying or connected to EQUALL.

6.6 Restriction: Except to the extent expressly permitted by these Terms or by law, you must:

a. not resell, adapt, store, copy, distribute, display, publish, reproduce or create derivative works from any part of EQUALL including any User Content or Partner Content;

b. comply with any other conditions or restrictions of use imposed by another User in relation to that User’s User Content;

c. not translate, adapt, vary, modify, disassemble, decompile or reverse engineer any part of EQUALL, or its underlying software or systems.

6.7 Breach by others: To avoid doubt, any act or omission by an employee of a Client, or by any person using your User name and password, which would be a breach of these Terms if carried out by that Client or by you (as the case may be), is deemed to be a breach of these Terms by that Client or you (as the case may be).

7. RELATED SERVICES

7.1 Related Services: We may provide additional services related to those provided under EQUALL (Related Services). If you choose to use a Related Service, these Terms will apply to your use of the Related Service, including any obligation to pay further fees as stated at www.EQUALL.app

7.2 Support: If you have any issue with the operation of EQUALL , contact us at hello@equall.app.

8. CONTENT AND PRIVACY

8.1 Privacy: EQUALL is a free service provided by us. In order to provide EQUALL , we collect some Personal Information about you.

8.2 Privacy protected: When you provide Personal Information to us, we will comply with the New Zealand Privacy Act 1993.

8.3 Collection and use of Personal Information: The Personal Information you provide to us is collected, and may be used by us, or shared with our Partners for them to use, for:

a. providing or improving EQUALL ,

b. monitoring website usage and compliance with these Terms,

c. carrying out internal research and development; and

d. providing information to you about additional products or services that may be of interest to you.

8.4 Collection and use of aggregate Content: You agree that we and our Partners may retain and aggregate User Content, including your User Content, to provide other respective services to our general customer base, for marketing purposes, and may provide that aggregate User Content to third parties, provided that such use does not enable the identification of any individual, i.e. is anonymised.

8.5 Consents and approvals to access User Content: You must obtain all consents and approvals necessary to enable you, us and our Partners to collect, use, hold and process your User Content (including any Personal Information) in accordance with these Terms, and you agree to ensure that you collect, use, hold and process any User Content (including Personal

Information) in accordance with your obligations under the Privacy Act 1993 and any other applicable privacy law.

8.6 Public page: Some features of EQUALL may enable you to share your User Content with other Users and/or with third parties. You acknowledge and agree to your User Content being shared with those persons where you have chosen to use those features of EQUALL.

8.7 Backups of Content: We will use reasonable efforts to take standard industry measures to back up all User Content stored using EQUALL, however, you agree to keep a separate back-up copy of all of your User Content uploaded in relation to your use of EQUALL .

8.8 International storage of Content: You agree that we may store User Content (including any Personal Information) in secure servers in countries in the Asia Pacific region, and may access that User Content (including any Personal Information) in countries throughout Asia Pacific, and New Zealand, from time to time.

8.9 Security breach: If a User or Client becomes aware or suspects that any unauthorised person has obtained, or attempted to obtain, access to User Content or any Confidential Information, or has used or attempted to use User Content or any Confidential Information for purposes not authorised or permitted by these Terms:

a. that party will immediately notify us, and

b. we will take such steps as are reasonably available to us to identify that unauthorised person and to prevent that access. To avoid doubt, where the unauthorised access or use is by the Client or its employees or is caused by a breach of these Terms by the Client or its employees, the Client must pay EQUALL reasonable costs related to taking such steps.

8.10 Indemnity: You indemnify us and our Partners against any liability, claim, cost (including the actual legal fees charged by us or our Partners’ solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any of your User Content infringes the rights of a third party (including intellectual property rights and privacy rights) or that your User Content is objectionable, defamatory, obscene, harassing, threatening, incorrect, misleading or unlawful.

8.11 Disclosure: In addition to any circumstances allowing us to use or disclose personal information under the Privacy Act 1993, we may use or disclose your Personal Information where reasonably necessary to investigate any complaint or to protect your, our or another person’s rights or safety or the security or integrity of EQUALL .

8.12 Sale of business: If we or one of our Partners enter into an agreement for a bona fide sale of its business (assets or shares, whether in whole or in part) to a third party, your Personal Information may be transferred to the third party purchaser. You acknowledge and agree that such transfers may occur, and that any acquirer of us or one of our Partners or its assets may continue to access and use the User Content as set out in these Terms.

8.13 Cookies: We may store Personal Information through the use of cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable these cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on these Services.

8.14 Personal information: To the extent that we collect, hold or process any Personal Information contained in your User Content in the course of providing EQUALL to you, you acknowledge that we are acting as your agent for the purposes of the Privacy Act 1993.

8.15 Access: You have the right to access and request correction of any Personal Information we hold about you.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Ownership: We (and/or our Partners and other licensors) own all proprietary and intellectual property rights in:

a. EQUALL , including, without limit, all text, graphics, logos, icons, sound recordings and its look and feel, Partner Content, the underlying software and systems, and any other material forming part of EQUALL excluding User Content; and

b. any development, adaptation, or customisation of, or modification to, the items listed in clause 9.1a

9.2 Your Content: You grant us a perpetual, irrevocable, fully paid-up licence to use and disclose your User Content to provide EQUALL to you and other Users. You are responsible for clearly identifying any conditions or restrictions of use of any of your User Content.

9.3 Know-how: To the extent that the provision of EQUALL results in us or our Partners acquiring additional know-how, techniques, ideas, methodologies, and similar intellectual property directly related to EQUALL (Know-how), and to the extent that the Know-how is not owned by us or our Partners, you grant us and our Partners a royalty-free, irrevocable and perpetual license to use the Know-how in the provision of EQUALL to you, and for the purpose of improving EQUALL for other Users.

9.4 Feedback to us: You may from time to time provide us with recommendations, contributions, or suggestions (Feedback) in relation to EQUALL. If you provide us with Feedback, all intellectual property rights in that Feedback and anything created as a result of that Feedback will be owned by us. We may use or disclose Feedback for any purpose.

10. RESTRICTION AND TERMINATION OF USE

10.1 Suspension or cessation: We may modify, suspend or cease to make available EQUALL , for any reason at any time, including, without limit, for the purposes of maintenance.

10.2 Limiting access: Without limiting any other right or and remedy available to us, we may, at our sole discretion and without notice, issue a warning to any User, or restrict, amend, suspend or terminate a User’s ability to access EQUALL, if that User is or may be in breach of these Terms, or if we consider it appropriate for any reason.

10.3 Client termination: Clients may terminate their account at any time by sending an email to hello@equall.app. On termination of your account for any reason, you will no longer be able to use or access EQUALL. You acknowledge and agree that we have the right to retain any anonymised User Content, including your User Content.

10.4 Transfer of User Content: If you are a Client, you acknowledge that we may, at our discretion, in relation to any of your employees or other personnel members who are Users, continue to make EQUALL available (including that person’s User Content) to that person despite that person ceasing to be employed or engaged by you.

11. DISCLAIMERS

11.1 Information: Although the information provided in relation to EQUALL is presented in good faith, to the extent permitted by law, we make no warranty or representation about the accuracy or completeness of EQUALL or any information, its content or the content of any website linked to or from EQUALL, nor do we undertake to keep EQUALL updated and current. To the extent permitted by law, we will not be liable for any damage, loss, claim or expense suffered as a result of the information available through EQUALL, or any linked site not being accurate or updated.

11.2 Integrity: We take no responsibility for any system unavailability, or for any loss that is incurred as a result of EQUALL being unavailable. Further, we assume no responsibility or liability for the corruption of any User Content or Partner Content, including User Content or Partner Content held by us.

11.3 Partners: Our relationship with our Partners is one of independent contracting parties. No relationship of partnership (if the legal sense of that work), employment or agency exists between us and any Partner. We take no responsibility for any act or omission of our Partners.

11.4 Access: We make no representation or warranty that content (including Partner Content) on EQUALL is appropriate or available for use in all countries or that such content satisfies the laws of any country (including New Zealand). If you choose to access EQUALL, you do so of your own initiative. You are responsible for ensuring that your access to EQUALL is not illegal or prohibited and for your own compliance with applicable local laws.

11.5 Security: You must take your own steps to ensure that the process which you employ for accessing EQUALL does not expose you to the risk of viruses or other forms of interference which may damage your computer system or expose you to credit card fraud. We do not accept responsibility for any loss or damage arising out of or relating to your use of EQUALL, or any linked site.

11.6 Links: The inclusion in EQUALL of links to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, operations, products or operators of those sites. We take no responsibility for any damage or harm arising out of the inclusion of such links.

12. LIABILITY

12.1 Exclusions of implied conditions and warranties: To the extent permitted by law, our warranties are limited to those set out in these Terms and all conditions and other warranties, express or implied, by operation of law or otherwise, including, without limit, warranties related to merchantability or fitness for purpose, are excluded. Despite the previous sentence, nothing in these Terms has the effect of contracting out of any provisions in relation to which we cannot contract out of.

12.2 Exclusion of liability: To the extent permitted by law, we exclude all liability and responsibility we may have to you or any other person under or in connection with these Terms or EQUALL, any information downloaded in connection with EQUALL, or your use or access (or inability to use or access) EQUALL. This exclusion applies regardless of whether such liability arises in contract (including breach of implied warranty), tort (including negligence), equity, breach of statutory duty or otherwise.

12.3 No liability for failure of a User: We will not be responsible, liable, or held to be in breach of these Terms for failing to perform EQUALL, to the extent that such failure is directly attributable to a User failing to comply with its obligations under these Terms or to the negligence or misconduct of any User.

12.4 Exclusion of indirect loss: We exclude all liability for any incidental, consequential, exemplary, special, or indirect damages (including loss of profits, revenues, data and/or use).

12.5 Maximum liability: To the extent we cannot exclude liability, our total liability to you under or in connection with these Terms, or in connection with, EQUALL, any information downloaded in connection with EQUALL, or your use or access to (or inability to use or access) EQUALL shall not exceed the lesser amount of fees you have paid to us in the preceding 12 months or NZD 2,400.

12.6 Mitigation: A User must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done in connection with these Terms.

13. INDEMNITY

13.1 Indemnity: You fully indemnify us and our Partners against all claims, loss, damages, liabilities and costs (including, without limit, legal costs on a solicitor and own client basis) that we suffer or incur as a direct or indirect result of your failure to comply with these Terms or your use (or the use by any person using your user ID and password) of EQUALL.

14. DISPUTES

14.1 Other Users: If you believe another User has acted in breach of these Terms you may contact us at hello@equallL.app noting your complaint and providing information to support your complaint.

14.2 Our discretion: On receiving a complaint, we may, in our absolute discretion, choose:

a. to take no action;

b. annotate, modify or remove any Content of the relevant User;

c. annotate, modify or remove any Content which relates to your Complaint; and/or

d. restrict, amend, suspend or terminate the access of any User.

Where we choose to do any of the actions described in clause 14.2b-c, we will notify the Client.

14.3 Your remedies: Except as set out in clause 14.2 we do not provide any assistance, dispute resolution or remedies in the event of a dispute between you and another User or any other person. Your rights and remedies against another User or other person are those at law.

15. GENERAL PROVISIONS

15.1 Agency: These Terms do not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between you and us other than the contractual relationship expressly provided for in these Terms.

15.2 No waiver: If we do not exercise or enforce any rights available to us under these Terms, it does not constitute a waiver of those rights.

15.3 Illegality: If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will be binding on you.

15.4 Obligations continuing: Clauses 6.4, 8.9, 11, 12, 13.1 and any terms which expressly or by implication are intended to survive termination including this clause 15.4, survive termination of our agreement with you under these Terms.

15.5 Third parties: These Terms are not intended to confer a benefit, whether under the Contracts (Privity) Act 1982 or otherwise, on any person who is not a party to the agreement between you and us.

15.6 Jurisdiction: These Terms are governed by and construed in accordance with the laws of New Zealand and are subject to the non-exclusive jurisdiction of the New Zealand courts.

15.7 Entire agreement: These Terms supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and

constitutes the entire agreement between you and us relating to the subject matter of these Terms.

PRIVACY POLICY

INTRODUCTION

CommunityEye Ltd (we, us, our) complies with the New Zealand Privacy Act 1993 and the General Data Protection Regulation of the European Union (GDPR) when dealing with personal information. 

Personal information is information about an identifiable individual (a natural person), and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws. 

This policy does not limit or exclude any of your rights under the New Zealand Privacy Act 1993 or the GDPR.  For further information on the New Zealand Privacy Act 1993, see www.privacy.org.nz.  For further information on the GDPR, see https://ec.europa.eu/info/law/law-topic/data-protection_en.

This policy was drafted with brevity and clarity in mind.  It does not provide exhaustive detail of all aspects of our collection and use of personal information.  We are happy to provide any additional information or explanation needed.  Any request for further information should be sent to hello@equall.app.

 

CHANGES TO THIS POLICY

We may change this policy by uploading a revised policy onto our website.  The change will apply from the date that we upload the revised policy. 

This policy was last updated on 28 July 2020.

 

WHEN DOES THIS PRIVACY POLICY APPLY

This privacy policy applies to personal information we collect from visitors to our website, our customers and other persons with whom we deal directly.  In addition, users of our SaaS service may collect personal information from individuals (e.g. their employees and customers) and upload, store or process that information to or in that service (User Data).

We require our customers to obtain the necessary consents from individuals to provide User Data to us and permit us to use it as set out in this privacy policy.  If you have any concern about our collection and use of personal information about you contained in User Data, please contact us at hello@equall.app.

For the purposes of the GDPR, our customers are the data controller when storing or otherwise processing User Data that we hold solely for the purpose of providing our SaaS service and we are the data processor.  We are the data controller when storing or otherwise processing User Data that we use for our own purposes.

We only process User Data as authorised by our customers in our Equall Terms of Use (available at https://www.equall.app/terms-of-use.html).  Unless required otherwise under applicable law, if we receive any request or enquiry relating to User Data that we hold solely for the purpose of providing our SaaS service, we will forward this request to our relevant customer.  If we receive any requests or enquiries relating to User Data that we use for our own purposes, we will deal with these requests or enquiries as set out in this privacy policy.  

 

CHILDREN

We do not intend to collect personal information from or about children aged under 16.  If you have reason to believe that we have collected personal information from or about a child under the age of 16, please contact us at hello@equall.app.

 

WHAT PERSONAL INFORMATION DO WE COLLECT

Directly from you

We collect the following information directly from you. 

When you register for, or login to, an account on our website or app, we collect your name, email address, user name, password, phone number, demographic information, date of birth, address, location and any other information we require or ask for to set you up with an account.  We may collect some of this information using third party authentication services (as described further in the from third party sources section below).

When you use the EQUALL app to submit an report of discrimination, our default position is to collect no personal information. You may volunteer to provide some personal information including, gender, age, ethnicity and disabilities, and any other information we require or ask for to submit a complaint of discrimination. 

When you fill in a contact or enquiry form on our website, call us, meet us in person or otherwise contact us, we collect your name, email address, phone number and any other information you choose to provide to us.

When you sign up to our newsletter and other electronic alerts, we collect your name, email address, phone number and any other information you provide to us when you ask to receive our newsletter or other alerts.

When you refer another person to use our website or related services, we collect your name and email address that other person’s name and email address and any other information you choose to include in the referral.

When you purchase products or services from us, we collect your name, email address, phone number, credit card information, purchase history and any other information you submit to us for billing and order fulfilment purposes.

We also collect the following sensitive or special categories of personal information: personal data revealing discrimination against you and any disabilities you may have.

Some of the personal information that we collect directly from you may be mandatory and some may be optional.  We will let you know which of these applies at the time we collect the relevant personal information.  While you do not have to provide us with some of the information that we may request, this might mean that our products and services may not perform as well as they should, or that we may not be able to provide some parts of the website or all of our products or services to you.  If you require further information about the consequences of not providing us with any information, please contact us at hello@equall.app.

We use a third party service provider to process credit card transactions.  We do not have access to your credit card information.  The name of this third party provider will generally be displayed when you are requested to enter your credit card information.  You can see further information about how they process your credit card information in their privacy policy.

Automatically when you use our website when you access and use our website or related services we may automatically collect information about your device and usage of our website, products and services, including your IP address, operating system, browser type, time spent on certain pages of the website, pages visited, links clicked and language preferences.

Some of this data is collected through third party tools and/or the use of cookies, web beacons and similar storage technologies.  Please refer to our cookie policy below for further information, including information on how you can disable these technologies.

 

HOW WE USE YOUR PERSONAL INFORMATION

We may use your personal information to:

  • provide our website, products and services to you
  • market our products and services to you, including contacting you electronically (e.g. by text or email for this purpose)
  • improve our website, products and services
  • publish things on our website (e.g. comments on message boards or chat rooms)
  • run promotions (e.g. referral and loyalty programmes, surveys and contests)
  • bill you and collect money that you owe us, including authorising and processing credit card transactions
  • respond to communications from you, including enquiries and complaints
  • conduct research and statistical analysis (on an anonymised basis)
  • tailor content or advertisements on our website to you
  • inform your employer of discrimination reported by you
  • protect and/or enforce our legal rights and interests, including defending any claim
  • respond to lawful requests by public authorities, including to comply with law enforcement requirements, or
  • for any other purpose authorised by you or applicable law.
  • We may transfer your information in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition.

You can stop receiving our marketing emails by following the unsubscribe instructions included in those emails or contacting us at hello@equall.app.

 

DISCLOSING YOUR PERSONAL INFORMATION

We may disclose your personal information to:

  • any business that supports our website, products and services, including any person that hosts or maintains any underlying IT system or data centre that we use to provide our website, products or services or that we use to process payments
  • third parties (for anonymised statistical information)
  • professional advisers e.g. accountants, lawyers or auditors
  • a person who can require us to supply your personal information (e.g. a law enforcement agency or regulatory authority)
  • any other person with your consent
  • any other company in the case of a sale, merger, consolidation, liquidation, reorganisation or acquisition
  • any other person authorised by applicable law.
  • Also, we may share information about your use of our website with our trusted advertising and analytics partners through the use of cookies, web beacons, and similar storage technologies.  Please refer to our cookie policy below for further information.

    INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
    A business that supports our website, products and services may be located outside of New Zealand (the country where we are incorporated) and also outside of the country where you are located.  This means that the personal information we collect may be transferred to, and stored in, a country outside of New Zealand and the country where you are located.
    If you are located in the European Economic Area (EEA), your personal information may be transferred outside of the EEA.   Under the GDPR, the transfer of personal information to a country outside the EEA may take place where the European Commission has decided that the country ensures an adequate level of protection.  In the absence of an adequacy decision, we may transfer personal information if other appropriate safeguards are in place.
    Where we transfer personal information outside the EEA, it will only be transferred to countries that have been identified as providing adequate protection for EEA data, or to a third party where approved transfer mechanisms are in place to protect your personal information (e.g. to organisations in the United States under the EU-U.S. Privacy Shield framework or by entering into the European Commission’s Standard Contractual Clauses).  For further information, please contact us at hello@equall.app.
    Some of the personal information we collect is processed in New Zealand.  New Zealand is recognised by the European Commission as a country that has an adequate level of data protection and we rely on this decision in transferring personal information to New Zealand.

    PROTECTING YOUR PERSONAL INFORMATION
    As required by applicable law, we will take steps to keep your personal information safe from loss, unauthorised activity, or other misuse.  We implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks inherent in processing personal information.
    You play an important role in keeping your personal information secure by maintaining the confidentiality of any password and accounts used in relation to our products and services.  You should not disclose your password to third parties.  Please notify us immediately if there is any unauthorised use of your account or any other breach of security.

    ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
    Subject to certain grounds for refusal under applicable law, you have the right to access your personal information that we hold and to request a correction to your personal information.  Before you exercise this right, we will need evidence to confirm that you are the individual to whom the personal information relates.
    Where you request a correction, if we think the correction is reasonable and we are reasonably able to change your personal information, we will make the correction.  In all other cases, we will take reasonable steps to make a note of the personal information that was the subject of your correction request.
    If you want to exercise either of the above rights, email us at hello@equall.app.  Your email should provide evidence of who you are and set out the details of your request (e.g. the personal information to be corrected and the correction that you are requesting).
    Subject to applicable law, we may charge you our reasonable costs of providing to you copies of your personal information or correcting that information.

    OTHER RIGHTS
    In addition to the rights to access and correct your personal information, if you are based in the European Union, you have the additional rights set out in the GDPR Additional Terms section of this privacy policy below.

    INTERNET USE
    While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.
    If you follow a link on our website to another website, the owner of that website will have its own privacy policy relating to your personal information.  We suggest you review that website’s privacy policy before you provide personal information to that owner or website.

    DATA RETENTION POLICY
    The personal information that we collect and use will not be kept longer than necessary for the purposes for which it is collected, or for the duration required for compliance with applicable law, whichever is longer.

    CONTACTING US
    If you have any question about this privacy policy, or our privacy practices, or if you would like to request access to, or correction of, your personal information, you can contact us at hello@equall.app.

    The name and contact details of our Data Protection Officer for the purposes of the GDPR are:
    Name
    Duncan Faulkner

    Email address
    duncan@equall.app

The name and contact details of our European Representative for the purposes of the GDPR are:

Name

Duncan Faulkner

Email address

duncan@equall.app

 

GDPR ADDITIONAL TERMS

LAWFUL basis for PROCESSING PERSONAL INFORMATION

Our lawful basis for processing (as that term is defined in the GDPR) personal information that we collect, use and disclose depends on the personal information collected and the context in which we collect it. 

Generally, we collect personal information from you where we have your consent, where processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, or where processing is necessary for the purposes of our legitimate interests (except where such interests are overridden by your interests or fundamental rights and freedoms). 

Where we process personal information based on your consent, you may withdraw your consent at any time. 

Our lawful basis for processing Sensitive Information with your consent is to carry out our obligations to assist in the prevention of workplace discrimination and exercising your rights in the workplace.

Despite the above, we may process your personal information where such processing is necessary for compliance with applicable laws.

If you have any question about the legal basis on which we process personal information or need further information, please contact us at hello@equall.app.

 

YOUR RIGHTS UNDER GDRP

If you are located in the European Union, your rights in relation to your personal information include:

right of access - if you ask us, we will confirm whether we are processing your personal information and provide you with a copy of that personal information

right to rectification - if the personal information we hold about you is inaccurate or incomplete, you have the right to have it rectified or completed.  We will take reasonable steps to ensure inaccurate personal information is rectified.  If we have shared your personal information with any third party, we will tell them about the rectification where possible

right to erasure – when your personal information is no longer needed for the purposes for which you provided it, we will delete it.  You may request that we delete your personal information and we will do so if deletion does not contravene any applicable law.  If we have shared your personal data with any third party, we will take reasonable steps to inform those third parties that they must delete your personal information

right to withdraw consent - if the basis of our processing of your personal information is consent, you can withdraw that consent at any time

right to restrict processing - you may request that we restrict or block the processing of your personal information in certain circumstances.  If we have shared your personal information with any third party, we will tell them about this request where possible

right to object to processing - you may request that we stop processing your personal information at any time and we will do so to the extent required by the GDPR

rights related to automated decision-making, including profiling - you have the right to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you, except where such automated decision-making is necessary for entering into, or the performance of, a contract with you, is authorised by applicable laws or is based on your explicit consent  .  We carry out automated decision-making, including profiling, as described above in the general terms section of this privacy policy

right to data portability - you may obtain your personal information from us that you have consented to give us or that is necessary to perform a contract with you.  We will provide this personal information in a commonly used, machine-readable and interoperable format to enable data portability to another data controller.  Where technically feasible, and at your request, we will transmit your personal information directly to another data controller

the right to complain to a supervisory authority - you can report any concern you have about our privacy practices to your local data protection authority.

Where personal information is processed for the purposes of direct marketing, you have the right to object to such processing, including profiling related to direct marketing.

 

If you would like to exercise any of your above rights, please contact us at hello@equall.app.  If you are not satisfied by the way we deal with your query, you may refer your query to your local data protection authority.

 

Cookie policy

INTRODUCTION

We use cookies on our website and as part of our related services, and receive information collected through cookies.  This cookie policy explains how we use cookies and how you can opt out of cookies. 

By continuing to use our website and related services, you indicate your agreement for us to use the cookies described below.

We use the term cookies in this cookie policy to mean cookies or similar technologies such as web beacons, clear GIFs, and pixel tags.

 

WHAT ARE COOKIES

Cookies are text files containing small amounts of information which are downloaded to your browsing device, e.g. a computer or smartphone, when you visit a website.  Cookies can be recognised by the website that downloaded them, or by other websites that use the same cookies.  This helps a website know if the browsing device has visited that or other websites before. 

Cookies can be used to collect information relating to your use of a website or your device, let you navigate between pages effectively, help to remember your preferences and generally improve your browsing experience.  Cookies can also help ensure advertising you see online is more relevant to you and your interests.

Cookies can be session or persistent cookies.  Session cookies are temporary and only stay on your browser until you stop browsing.  Persistent cookies stay on your device until they expire or are deleted.

The cookies used on our website may be first party cookies (i.e. set by us) or third party cookies (i.e. cookies set on our website by a person other than us).  The third party companies that place cookies on our website will have their own privacy policies.

 

WHAT TYPES OF COOKIES DO WE USE

The types of cookies used by us, and most websites, can generally be categorised as follows.

Strictly necessary cookies

These cookies are essential for the full functionality of our website and related services.  They enable you to navigate around our website and services and use their features e.g. accessing secure areas and enabling services that you have asked to receive.  If you opt out of these cookies, you may not be able to access all the functions of our website and some services that you have asked to receive. 

These cookies do not track where else you have been on the internet and do not remember your preferences beyond your current visit.  These cookies are generally first party session cookies which will expire when you close your browsing session.  These cookies do not collect information that could be used for marketing purposes.

Functionality cookies

These cookies allow a website to remember choices you make and provide enhanced, more personal features.  e.g. these cookies allow us to remember the settings you have applied to the website (such as font size, preferences or colours), identify whether you are a returning website visitor and present you with a personalised version of the website, or eliminate the need for you to re-enter your login details.  The information these cookies collect is generally anonymous and they do not track your browsing activity on other websites.  These cookies may be first or third party, session or persistent cookies.

Performance cookies

These cookies collect information about how you use a website, e.g. which pages are the most visited and if you receive any error message from any page.  This information helps us improve the way our website and related services work and helps us manage the performance and design of the website and services.  These cookies do not gather information that identifies you.  All of the information these cookies collect is aggregated and anonymous.  These cookies may be first or third party, session or persistent cookies.

Targeting cookies

Targeting cookies are used to present advertising that is relevant to you and your interests.  These cookies collect information about your browsing habits e.g. the pages you have visited and the links you have followed across the internet.  They may also be used to limit the number of times you see an advertisement and help measure the effectiveness of advertising campaigns.  These cookies will usually be persistent but time-limited and may be placed on our website by third party service providers or advertising partners with our permission. 

We use targeting cookies to present interest-based advertising on our website and for retargeting.  This is a form of interest-based advertising that enables our advertising partners to build a profile of your interests and show you advertising based on your browsing activity across the internet, including to allow us to advertise to people who previously visited our website.

GOOGLE COOKIES

We use Google Analytics to collect information about visitors to our website.  Google Analytics collects information related to your device, browser, IP address, network location, and website activities to measure and report statistics about your interactions on our website.  We use this information to help us manage the performance and design of our website and to improve our website.

We use Google Analytics Advertising Features, including Remarketing with Analytics and Demographic and Interests reporting in Analytics.   

For further information on how Google uses your personal information when you use our website and how to opt out of Google’s use of cookies, see here.  In addition to the process described in this link, you can opt out using the process described below.

 

HOW TO CONTROL OR OPT OUT OF COOKIES AND TARGETED ADVERTISING

You can control and/or delete cookies as you wish.  You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed.  However, if you do this, you may have to manually adjust some preferences every time you visit our website and attempt use our services, you may not be able to access certain parts of our website or services, and some functionalities may not work. 

You can find out more information about how to change your browser cookie settings at http://www.aboutcookies.org.uk.

To learn more about how to control cookie settings through your browser:

click here to learn more about the Private Browsing setting and managing cookie settings in Firefox

click here to learn more about Incognito and managing cookie settings in Chrome

click here to learn more about InPrivate and managing cookie settings in Internet Explorer

click here to learn more about Private Browsing and managing cookie settings in Safari.

You may opt out of targeted advertising at http://www.youronlinechoices.eu/.  You can learn more about interest-based advertising and opt out of interest-based advertising from participating online advertising companies at the following links.

Network Advertising Initiative (NAI) – http://optout.networkadvertising.org/

Digital Advertising Alliance (DAA) – http://optout.aboutads.info/

Digital Advertising Alliance EU (EDAA) – http://www.youronlinechoices.com/

DAA AppChoices page – http://www.aboutads.info/appchoices

Please note that opting out of interest-based advertising does not mean you will no longer be served advertising.  You will continue to receive generic ads.

 

Third party website cookies

If you follow a link on our website to another website, the owner of that website will have its own cookies.  We suggest you review that website’s cookie policy before you visit that website.