LEGAL CONTENTS

Terms of Service

Last updated: 7 May 2024 | Archive Versions

These Intelli Messaging Terms and Conditions (“Agreement”) apply to your use of the Web Application, Gateway, our website (https://intellisms.com.au/) and Services, including the features provided in connection with our Services. To the extent that you use our Developer Services, APIs or API Documentation, the Developer Terms apply to you in addition to this Agreement.

This Agreement is between Fujifilm Secure Messaging Services Pty Ltd (ACN 122 125 240) trading as Intelli Messaging (“Intelli Messaging”) and you or the organisation on whose behalf you are accepting or otherwise agreeing to the terms and conditions of this Agreement (“you”, “your”, “yours”, or “Customer”).

If you have a Master Services Agreement with Intelli Messaging for your use of the Services, this Agreement will not apply to you, unless that Master Services Agreement does not cover your use of the Web Application, Gateway, our Website and/or a particular Service, in which case, these Intelli Messaging Terms and Conditions of Use apply solely to your use of the Web Application, Gateway, our Website and/or that particular Service.

This Agreement is effective as of the date you first click “I accept” (or similar button or checkbox) or use or access the Web Application, Gateway or Service, whichever is earlier (the “Effective Date”). This Agreement does not have to be signed in order to be legally binding between you and Intelli Messaging. You agree to this Agreement by clicking “I accept” (or similar button or checkbox) at the time you register for the Services or create an account.

Please review this Agreement carefully. If you do not agree to be bound by this Agreement, you must not accept this Agreement, create an account, or use the Services (as defined in section 1 (Definitions) below).

1. DEFINITIONS

“Acceptable Use Policy” means the terms relating to the use of the Services as published by Intelli Messaging on Intelli Messaging’s website or as otherwise made available to the Customer by Intelli Messaging and as updated from time to time.

“ACL” or “Australian Consumer Law” means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

“API” means application programming interface.

“Business Day” means a day on which banks are open for general banking business in Victoria and New South Wales, Australia, excluding Saturdays, Sundays and public holidays.

“Carriage Service” and “Carriage Service Provider” have the meaning given to those terms in the Telecommunications Act 1997 (Cth), as amended from time to time.

“Carrier” has the same meaning given to that term in the Telecommunications Act 1997 (Cth) and in this Agreement the term includes any entity that operates a telecommunications network outside of Australia.

"Chargeable Transaction” means any activity conducted using the Customer Account that incurs a fee or charge.

“Customer Account” means a single customer account for access to the Web Application, Gateway, and/or a particular Service.

“Customer Information” means any information, materials, logos, documents, qualifications and other intellectual property or data provided to Intelli Messaging by or at the direction of Customer or an End User in connection with the Services, including Customer Personal Information.

“Customer Personal Information” means Personal Information that is supplied by (or on behalf of) the Customer to Intelli Messaging in connection with the Services under this Agreement.

“End User” means a party using a Service.

“Fees” means the fees and charges calculated as set out, referred to or otherwise described at the time the Customer purchases Transaction Credits.

"Force Majeure Event” means an event outside of a party’s reasonable control (not due to the negligence of a party or its Related Bodies Corporate) which interferes with the relevant party’s ability to perform obligations under this Agreement (except a party’s obligation to make a payment to the other party). Such events include (without limitation) any of the following if they are outside of a party’s reasonable control and not arising from that party’s negligence: fire, storm, flood, earthquake, failure of electrical power supply, epidemics, pandemics, quarantine restrictions, war, acts of terrorism, strikes, sanctions, changes in law or regulation, acts or omissions of third parties and failures of any equipment or system owned or operated by a third party (including a supplier or its personnel).

“Gateway” means the Intelli Messaging messaging gateway, together with Intelli Messaging’s messaging servers and applications (whether accessed directly via API (which is governed by the Developer Terms) and/or via the Web Application) as updated by Intelli Messaging from to time (including by following the process for updates set out in clause 16), which (either together or as a selective combination or individually) provide the Service/s.

"Inappropriate Content” has the meaning given to that term in clause 7.6 of this Agreement.

“Managed SMS Marketing Services” means the marketing campaign management and advisory services relating to use of SMS Messaging Services in a co-ordinated marketing campaign.

“Message Status Query” means a call to the API, which polls the GSM network for each and every MT Message.

"MMS Message” means any message including hyperlinks, URLs, images or any other content (not solely comprising text) intended for sending to an intended recipient’s MMS-capable mobile device that is registered to a Network Operator’s MMS-capable Network.

"MMS Messaging Service” means the service for transformation, formatting, hosting and delivery of an MMS Message (and its associated content) from the relevant MMS Gateway to the relevant mobile network.

“MO Message” means “Mobile Originated Message”, that is, a message that is received, inbound to the Gateway from a GSM network intended for receipt (or termination) via the Gateway to the Customer Account.

“MT Message” means “Mobile Terminated Message”, that is, a message that is initiated by the Customer to be sent outbound from the Customer Account to the Gateway for delivery by the Gateway to a GSM network for further delivery by the recipient’s mobile Network Operator onto a device capable of receiving the message.

“Network Operator” means any entity operating a network, system or other service for carriage of communications.

“New Materials” means all intellectual property developed, adapted, modified or created by Intelli Messaging in the provision of the Services.

“Personal Information” has the meaning given to that term in the Privacy Legislation.

“Privacy Legislation” means all applicable Australian state or commonwealth and foreign privacy, information security and data protection laws, codes and regulations applicable to the provision of the Services, as they apply to the parties in the context of their roles and responsibilities under this Agreement, including the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).

“Privacy Policy” means the privacy notice published by Intelli Messaging on its website, the current version of which is available at https://intellisms.com.au/privacy-policy/.

“Related Body Corporate” has the meaning given to that term in the Corporation Act 2001 (Cth), as amended from time to time.

“Service” means any product or service supplied by Intelli Messaging to the Customer or offered by Intelli Messaging and used by the Customer from time to time and may include (but is not limited to) any one or combination of the following:

(i) The SMS Messaging Services;

(ii) The Managed SMS Marketing Services; and

(iii) The MMS Messaging Services;

“SMS Messages” means short, text only messages (not multimedia messages) intended for sending to a to a mobile phone number or a device that is registered on a Network Operator’s GSM network.

“SMS Messaging Service” means the service for transformation, formatting and delivery of an SMS Message from the Gateway to the relevant mobile GSM network.

“Telecommunications Act” means the Telecommunications Act 1997 (Cth), as amended from time to time.

“Transaction Credits” means credits pre-purchased by the Customer via the Web Application in order to use and pay for the Services as further set out in clause 9.1 of this Agreement.

“Web Application” means a self-service web application that can be accessed by authorised account holders via Intelli Messaging’s website (https://intellisms.com.au/) and which serves as a platform or user interface for accessing and using the Services and managing a Customer’s account users.

2. TERM

This Agreement will start on the Effective Date and will continue unless terminated earlier in accordance with this Agreement.

3. SERVICE

3.1 Subject to the Customer’s compliance with clause 4 of this Agreement, Intelli Messaging will provide the Service/s to the Customer and the Customer’s authorised account holders on the terms and conditions set out in this Agreement.

3.2 Intelli Messaging will use due care and skill in providing the Service/s. There may also be statutory guarantees or warranties under consumer protection laws that apply to our provision of the Service/s to you, that cannot be excluded.

3.3 The Service/s are comprised of systems and software that interact with and depend upon underlying telecommunications networks, which are operated and controlled by underlying Carrier/s or Network Operators (which entities have no affiliation with Intelli Messaging other than as service providers to Intelli Messaging).

3.4 Intelli Messaging cannot ensure uninterrupted availability or control the availability of underlying networks that are operated and controlled by third parties.

3.5 Subject to clauses 3.2 and 3.3 above, and to clauses 9 (Transaction Credits, Fees and Payment) and 18 (Force Majeure), Intelli Messaging will use its reasonable commercial efforts to deliver the Customer’s messages from the Gateway to the mobile network.

3.6 Intelli Messaging is not responsible for delivery of messages from the mobile GSM network to the intended recipient’s mobile phone. This is the responsibility of the relevant recipient’s mobile network.

4. ACCESS TO THE SERVICE/S
4.1 In order to access and use the Service/s, Customer is required to register for a Customer Account. To register for a Customer Account, you must provide Intelli Messaging with certain information about you and about any other individuals who you would like to appoint as your authorised account users.

4.2 You must ensure that all of the information you provide to Intelli Messaging as part of your registration for a Customer Account (and registration of your authorised account users) is complete, true and accurate.

4.3 Intelli Messaging reserves the right to refuse to grant the Customer (and/or any of its proposed authorised users) access to a Customer Account if Intelli Messaging has reasonable grounds to believe that:

(i) the registration information supplied by the Customer is incomplete, inaccurate or cannot be verified, or

(ii) the Customer does not meet the eligibility requirements (for example, the Customer does not meet the eligibility criteria for the proposed Service/s or for use of numbers associated with the proposed Service/s or the Customer’s proposed use of the Service/s would be inconsistent with Intelli Messaging’s Acceptable Use Policy); or

(iii) the Customer or its authorised account user has engaged in prior misuse of the Services.

4.4 Intelli Messaging has no obligation to supply any Service if the Customer (or any of its proposed authorised account users) does not meet account registration criteria.

4.5 Customer is responsible for ensuring the confidentiality and security of its Customer Account. Customer must keep its login and account access credentials strictly confidential and must not share its login or account access credentials with any unauthorised person. Customer is responsible for all actions taken using its account . Customer agrees to immediately notify Intelli Messaging of any suspected unauthorised access or use of its account, of which it becomes aware. Notification can be sent by email to support@intellisms.com.au or by using the “contact us” button in the Web Application.

4.6 Customer must ensure that access and use of the Customer Account by the Customer’s authorised account users is subject to and in compliance with this Agreement and Customer will at all times remain responsible for and liable for all actions taken by the Customer’s authorised account users in respect of the Customer Account. The Customer must ensure its authorised account users comply with the terms of this Agreement, including (without limitation) the Acceptable Use Policy.

4.7 Accessing and using the Service/s requires the Customer and its authorised account users to have a working internet connection and suitable equipment for accessing the Internet. These are not supplied by Intelli Messaging. The Customer is responsible for obtaining and maintaining suitable equipment and broadband internet access at its own cost.

5. SENDING MESSAGES

5.1 The Customer may use the Service/s to submit SMS or MMS Messages (as relevant) for sending to the Customer’s defined message recipient, provided that the Customer has sufficient Transaction Credits to cover the cost of messages intended for sending.

5.2 SMS Messages that contain more than 160 bytes of data as defined by the GSM 03.38 Character set will be sent as multipart SMS Messages where the message from the customer is split into multiple SMS Messages which are recombined by the receiving handset. Transaction Credits will be deducted for multipart messages as though each part was its own SMS Message. For example, a multipart message that is split into 2 parts will be charged as 2 SMS Messages.

5.3 Customer may submit up to a maximum of five (5) SMS Messages per second per Customer Account via the Gateway (“Maximum Message Rate”). For the purposes of calculating the Message Rate, this number includes all calls to the Gateway to send MT Messages, retrieve MO Messages and all Message Status Query calls.

5.4 If the Customer wishes to conduct a campaign that would exceed the Maximum Message Rate per Customer Account, the Customer must seek prior approval from Intelli Messaging writing (requests can be sent to support@intellisms.com.au). Any approved variation to the Maximum Message Rate will attract additional Fees. The Customer acknowledges that its failure to adhere to this requirement could have a material impact on Intelli Messaging and may result in loss by Intelli Messaging and/or other customers of Intelli Messaging.

6. CUSTOMER RESPONSIBILITIES

6.1 Customer
The Customer:
a) must use the Service/s (and must ensure that its authorised account users use the Services) only in accordance with this Agreement, the Acceptable Use Policy and applicable laws;
b) is responsible for and must pay for all use of the Service/s under any Customer Account, whether authorised by the Customer or not (except to the extent that Intelli Messaging has caused any unauthorised use);
c) is responsible for all acts, omissions, activities and use by authorised account users in relation to the Customer Account (whether or not authorised by this Agreement)(except to the extent that Intelli Messaging caused any unauthorised use);
f) must manage the Customer Accounts and authorised account users of the Customer Account within the Gateway;
g) must use commercially reasonable efforts to prevent unauthorised access to or use of the Service/s and promptly notify Intelli Messaging of any unauthorised access or use;

d) must not distribute, resell or sub-license the Service/s or access to the Web Application or the Customer Account to any person other than to the Customer’s authorised account users in accordance with this Agreement; and
e) must not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service/s or the Web Application;

6.2 Service Suspension or Termination – suspected unauthorised or unlawful use
Intelli Messaging may suspend access to a specific account and/or the Customer’s access to the Service/s for a particular period or may terminate the Agreement immediately upon giving as much notice to the Customer as we reasonably can (except that if we consider termination without notice is reasonably required to mitigate or prevent harm or loss arising to Intelli Messaging or to others we may terminate this Agreement and access to the Service/s without notice), if Intelli Messaging reasonably believes that the Customer or the Customer’s authorised account user has accessed or used or is accessing or using the Service:
a) unlawfully or in a manner that is suspected to be in breach of any applicable law; or
b) in contravention of a relevant industry code or order of a government or government agency; or
c) In a manner that contravenes the Spam Act 2003 (Cth), any applicable Privacy Legislation or laws; or
d) in a manner that contravenes the terms and conditions set out in this Agreement including the Acceptable Use Policy; or
e) in a manner that may cause death, personal injury, damage and/or loss to property; or
f) in a manner where there is a threat or risk to the security of the Service or integrity of the systems or networks used to supply the Service/s; or

g) in any manner that exceeds the Maximum Messaging Rate for the Customer Account (without prior written approval by Intelli Messaging); or

h) for the purposes of resale or resupply of any aspect (in whole or in part) of the Service/s or Customer Account or Gateway access.

6.3 Service Suspension – Force Majeure and maintenance

Intelli Messaging may suspend availability of the Service/s for a specified period by notice to the Customer if there is a Force Majeure Event or if Intelli Messaging or its underlying Network Operators are required to conduct maintenance.

6.4 Customer is responsible for content
The Customer agrees that it is remains responsible for its compliance with all applicable laws (including the laws of the jurisdiction in which the intended recipient is located) including in relation to:
a) the content and timing of messages that are sent from the Customer Account using the Service/s; and
b) any Customer Information that it provides or is provided on its behalf to Intelli Messaging.

6.5 Customer obligations – Managed SMS Marketing Services
Without limiting clause 6.5, in relation specifically to any Managed SMS Marketing Services provided by Intelli Messaging, the Customer must ensure that:
a) it has the authority to provide all Customer Information that it provides to Intelli Messaging, including all necessary individual consents and that such consents have been collected in accordance with applicable Privacy Legislation;
b) it has not done anything, and will not do anything, that will cause Intelli Messaging or its Related Bodies Corporate or their personnel to contravene the Privacy Act 1988 (Cth), the Do Not Call Register Act 2006 (Cth), the Spam Act 2003 (Cth) or any other requirement under legislation, industry code or government code or other applicable Privacy Legislation or laws; and
The Customer agrees that as between the parties any SMS Messages sent using the Customer’s Account are taken to be sent and/or authorised by the Customer.

6.6 Use of Message Services
The Customer must ensure that it does not and its authorised account users do not use the Service/s or permit the Services to be used to include, transmit or facilitate the transmission of any Inappropriate Content. “Inappropriate Content” means any Customer Information or other content that:
a) is unsolicited, including without limitation, “junk mail,” “bulk e-mail”, spam or other unsolicited advertising material and/or breaches any applicable Privacy Legislation or laws;
b) may cause or causes the introduction of “inappropriate applications”, “inappropriate URLs”, “viruses,” “worms,” “Trojan horses,” “e-mail bombs,” “cancelbots” or other similar destructive computer programming routines into the Gateway, a GSM network or a mobile network subscriber’s handset or device;
c) violates any law regulation, industry code, court order or order of a government agency (including under the jurisdiction of the intended recipient and any other jurisdictions relevant to the communication concerned);
d) is obscene, offensive, pornographic, threatening, defamatory, discriminatory, misleading or inaccurate or is hateful or encourages hatred or violence against individuals or groups;
e) infringes the intellectual property rights (including but not limited to copyright) of any person or entity; or
f) in any way damages or interferes with Intelli Messaging’s systems or services to other customers, the systems or networks of Intelli Messaging’s service providers or any facilities or exposes Intelli Messaging or its Related Bodies Corporate to liability.

7. Customer warranties
The Customer warrants that:
a) it has the legal capacity to enter into this Agreement. If you are entering this Agreement on behalf of your employer or another entity: (i) you have full legal authority to bind your employer or such entity to this Agreement; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of the party that you represent;
b) it holds a valid ABN (or equivalent valid registration as applicable in its place of incorporation or registration) which has been advised to Intelli Messaging;
c) if applicable, it is registered for GST purposes;

d) neither the Customer nor any of its directors, officers, employees or Related Bodies Corporate is:

(I) a person or entity on a sanctions list;

(II) a person who is subject to investigations into possible sanctions; or

(III) intending to make use of the Service/s in any way that could result in a violation of sanctions.

8. CUSTOMER INFORMATION
8.1 In the course of supplying the Service/s to the Customer Intelli Messaging is required by law to collect and retain data in relation to communications transmitted and received over its systems. Intelli Messaging may also monitor and review your Service/s for excessive use or for compliance with our Acceptable Use Policy and Intelli Messaging may monitor, review and/or disclose the content of communications transmitted as reasonably necessary to:
a) comply with applicable laws and legal process;
b) enforce the terms and conditions of this Agreement;
c) diagnose or maintain the quality of the Service;
d) respond to claims that the content violates the rights of third parties; or
e) protect the rights, property or personal safety of Intelli Messaging, its users, or the public.

Your acceptance of these terms constitutes your agreement to and consent to Intelli Messaging collecting, handling and disclosing Customer Information for the purposes and in the manner described to you in this clause.

8.2 The Customer must make its own assessment as to the suitability of the Service/s for the transmission of any content (including any confidential or sensitive content) using the Services.

8.3 This Agreement supplements and incorporates the Privacy Policy.

9. TRANSACTION CREDITS, FEES AND PAYMENT

9.1 Transaction Credits
a) Transaction Credits are pre-purchased by the Customer on the Web Application. Transaction Credits are added to the Customer’s Account within one Business Day of payment.
b) All purchased Transaction Credits are added to the applicable Customer Account and debited upon any Customer Account user sending messages or conducting any other Chargeable Transaction.

c) The prices for all Chargeable Transactions (including message sending) will be determined based on the pricing plan applied to your Customer Account that you have chosen on account creation.

d) The price of any Chargeable Transaction undertaken using the Customer Account will be deducted from the then current balance of Transaction Credits in the Customer Account.
e) Customer Accounts with a Transaction Credit balance of zero or with insufficient Transaction Credits are not authorised to use the Service/s and in particular are not authorised to use the Service/s to send messages.
f) Subject only to any non-excludable rights the Customer may have under consumer protection legislation, Transaction Credits are only refundable to the Customer if either party terminates for convenience or if the Customer exercises a right to terminate the Agreement under clause 16 (following a material amendment to this Agreement by us that is unacceptable to the Customer). If this Agreement is terminated for any other reason, all Transaction Credits available in the Customer Account and those of related authorised account users are forfeited by the Customer and its authorised account users and those amounts become directly due and payable to Intelli Messaging on termination. Transaction Credits are otherwise not redeemable for or convertible into cash and cannot be applied by the Customer against other amounts owing to Intelli Messaging under this Agreement.

9.2 Currency of Fees
All Fees for Chargeable Transactions will be deducted from Transaction Credits in the currency selected by the Customer as part of the account registration process at the rates presented to you at the time of purchase of Transaction Credits.

9.3 Customer authorisations in relation to Transaction Credits
By purchasing Transaction Credits on the Web Application, Customer authorises Intelli Messaging to use a third party to process payments and consents to the disclosure of your payment information to such third party and to further deduction of that third party’s transaction fee as specified at the time of the purchase. Payments under this Agreement by the Customer to Intelli Messaging can be made by credit card or via electronic funds transfer.

10. CONFIDENTIAL INFORMATION

10.1 For the purposes of this clause 10 “Information” shall mean technical, financial and commercial information and data relating to a Party’s or its Related Body Corporate’s respective businesses, finances, planning, facilities, products, techniques and processes and shall include, but is not limited to, discoveries, ideas, concepts, know-how, techniques, designs, specifications, drawings, blueprints, tracings, diagrams, models, samples, flow charts, data, computer programs, disks, diskettes, tapes, marketing plans, customer names and other technical, financial or commercial information and intellectual properties, whether in tangible or in intangible form.

10.2 Each Party (“Receiving Party”) must not disclose to third parties nor use for any purpose other than for the proper fulfilment of the purpose of this Agreement any Information received from the other Party (“Disclosing Party”) in whatever form under or in connection with this Agreement without the prior written permission of the Disclosing Party.

10.3 The above-mentioned limitations shall not apply to Information which:
a) was in the possession of the Receiving Party prior to disclosure hereunder as proven by the written records of the Receiving Party; or
b) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or
c) was disclosed by a third party without breach of any obligation of confidentiality owed to the Disclosing Party; or
d) was independently developed by personnel of the Receiving Party.

10.4 Each Party shall limit the access to the Information to those of its personnel for whom such access is necessary for the proper performance of this Agreement and obtain written undertakings of confidentiality from them.

10.5 Without prejudice to the generality of the aforesaid, each Party agrees to protect the confidentiality of the Information at least with the same degree of care as it exercises in respect of its own confidential information and business secrets.

10.6 The obligations in this Clause 10 survive termination of this Agreement.

10.7 This clause 10 does not prevent:
a) the Receiving Party from disclosing Information of the Disclosing Party if required pursuant to applicable law, regulation, subpoena or court order, provided that the Receiving Party, to the extent permitted by law, gives prompt notice to the Disclosing party of such disclosure request and use reasonable efforts to minimise such disclosure; or
b) Intelli Messaging from disclosing the existence of this Agreement to third parties for the purposes of marketing to customers and potential customers.

11. WARRANTIES
11.1 Certain legislation, including the Australian Consumer Law (ACL), and similar consumer protection laws and regulations, may give the Customer rights, warranties, guarantees and remedies relating to the provision of the Service/s by Intelli Messaging to the Customer which cannot be excluded, restricted or modified (“Consumer Law Rights”).

11.2 If the ACL applies to the Customer as a consumer, nothing in this Agreement excludes or limits the Customer’s Consumer Law Rights as a consumer under the ACL.

11.3 Subject to non-excludable rights under consumer protection laws (including the ACL), the Service/s are supplied on the terms and conditions expressly set out in this Agreement and no other terms or rights are applicable.

12. LIMITATION OF LIABILITY AND EXCLUDED TYPES OF LOSS

Intelli Messaging’s liability to you

12.1 Intelli Messaging is liable to the Customer for breach of contract or negligence under the principles applied by the courts of Australia and for breach of any non-excludable rights the Customer has under consumer protection laws, except as set out in sections 12.2, 12.3 and 12.4. If that liability cannot be excluded but can be limited under any legislation, Intelli Messaging limits that liability to resupplying the relevant Service/s or payment of the cost of resupply of the Service/s.

12.2 Intelli Messaging is not liable to the Customer for losses that result from the use of the Services/s that are lost business profits, loss of goodwill, loss of anticipated savings, loss of use, lost content or data, arising out of or otherwise in connection with this Agreement.

12.3 Intelli Messaging is not liable to the Customer for any loss (and Intelli Messaging’s liability under this Agreement will be reduced proportionately) to the extent that it is caused by the Customer or to the extent that it results from the Customer’s failure to take reasonable steps to avoid or minimise your loss.

12.4 Intelli Messaging is not liable to the Customer for any loss under this Agreement that is caused by a failure by Intelli Messaging to perform an obligation under this Agreement to the extent that the failure was caused by events outside of our reasonable control (for example a Force Majeure Event).

Your liability to Intelli Messaging
12.4 The Customer is liable to Intelli Messaging for breach of contract or negligence under the principles applied by the courts of Australia, except as set out in sections 12.5, 12.6 and 12.7

12.5 The Customer is not liable to Intelli Messaging for any loss suffered or incurred by Intelli Messaging to the extent that it does not arise naturally from the event for which the Customer is liable and that gave rise to the loss.

12.6 The Customer is not liable to Intelli Messaging for any loss to the extent that it is caused by Intelli Messaging’s breach of contract or negligence or to the extent that it results from Intelli Messaging’s failure to take reasonable steps to avoid or minimise Intelli Messaging’s loss.

12.7 the Customer is not liable to Intelli Messaging for any loss or damage caused by events outside of the Customer’s reasonable control.

12.8 This clause 12 and all of its provisions survive termination, cancellation or expiry of this Agreement.

13. PROPRIETARY RIGHTS
13.1 The Customer acknowledges and agrees that:
a) Intelli Messaging or its licensors own all rights, including intellectual property rights, title and interest in and to the technology used to provide the Service/s and the Web Application;
b) Intelli Messaging or its licensors own and reserve all rights, including intellectual property rights, title and interest in and to the New Materials;
c) as between the Parties, such intellectual property rights will at all times vest, or remain vested, in Intelli Messaging or its licensors; and

d) nothing in this Agreement constitutes a transfer or assignment of such intellectual property rights. To the extent that ownership of such intellectual property rights does not automatically vest in Intelli Messaging, the Customer agrees to do all acts necessary or desirable to assure Intelli Messaging or its licensors title to such rights.

13.2 In relation to the Customer Information:
a) as between the parties, the Customer or its licensors own all rights, title and interest in and to the Customer Information;
b) Customer grants Intelli Messaging and its Related Bodies Corporate the right to handle, use, store, transmit and otherwise process Customer Information as necessary to provide the Service/s in a manner consistent with this Agreement; and
c) the Customer represents and warrants that:
(I) it has made all necessary disclosures to all relevant individuals and has obtained all necessary rights, releases and permissions to provide or have Customer Information provided to Intelli Messaging and to grant the rights granted to Intelli Messaging in this Agreement; and
(II) the Customer Information (and its transfer to and/or use, collection, storage or disclosure by Intelli Messaging as contemplated by this Agreement) does not and will not violate any laws (including those relating to export control and electronic communications) or the rights of any third party, including any intellectual property rights, rights of privacy, or rights of publicity.

14. ASSIGNMENT
14.1 Intelli Messaging may assign some or all of its rights under this Agreement (to the extent they are assignable) to any person.

14.2 Intelli Messaging may transfer some or all of its obligations under this Agreement to its Related Body Corporate or to a supplier, in which case Intelli Messaging will still be responsible for the performance of those obligations under this Agreement.

14.3 Customer may assign its rights under this Agreement (to the extent that they are assignable) to any person with Intelli Messaging’s prior written consent.

14.4 You may transfer your obligations under this Agreement if, prior to the proposed transfer, the person to whom you propose to transfer those obligations, to Intelli Messaging’s reasonable satisfaction:

a) provides proof of identification to Intelli Messaging (having regard to Intelli Messaging’s legal and regulatory obligations); and

b) provides evidence that it meets the eligibility criteria for the Service/s.

15. WAIVER
No failure to exercise and no delay in exercising any right, power or remedy under this agreement will operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.

16. AMENDMENT
Intelli Messaging may update this Agreement (and documents incorporated into this Agreement by reference) from time to time. Intelli Messaging will provide you with written notice of any material updates that could have a detrimental impact on you at least thirty (30) days prior to the date the updates will take effect, except if laws, regulations or government or court orders applicable to Intelli Messaging or to Intelli Messaging’s underlying Network Operators require that the updates are effective within a shorter time period (in which case the relevant notice will specify the date on which the updates take effect). Following such notice, your continued use of the Services on or after the date the updates take effect constitutes your acceptance of the updated version of this Agreement and/or incorporated documents. The updated version of this Agreement and/or incorporated documents supersedes all prior versions. If you do not agree to the updated versions you must stop using the Services immediately and notify your termination to support@intellisms.com.au.

17. TERMINATION
17.1 Either party may terminate this Agreement immediately by giving notice in writing of termination if the defaulting Party breaches any provision of this Agreement and does not remedy the breach(es) within 30 days’ of receiving the non-breaching party’s written request to do so.

17.2 Either party may terminate this Agreement for convenience by providing the other party with not less than 30 days’ notice in writing.

17.3 Intelli Messaging may terminate this Agreement without notice in accordance with clause 6.2 or if the Customer provides notice to Intelli Messaging under clause 19.

17.4 The treatment of Transaction Credits on termination is as set out in clause 9.1(f).

17.5 Upon expiration or termination of this Agreement:
a) Customer must cease use of the Service/s and must cease using any other Intelli Messaging materials or resources provided under this Agreement and destroy any and all copies of such materials or resources in the Customer’s possession;
b) Intelli Messaging will return or destroy (at the Customer’s option) any Information of the other party in its possession or control, provided that Intelli Messaging may retain records of the Information to the extent required by applicable law or in accordance with its record retention policies.

18. FORCE MAJEURE EVENTS (EVENTS OUTSIDE OF A PARTY’S CONTROL)

Except in relation to a party’s obligation to make a payment to the other party, neither party will be liable for not performing an obligation if the failure to perform the obligation (in part or in full) is caused by a Force Majeure Event, provided that the party seeking to rely on this clause 18, must promptly notify the other party upon becoming aware of such an event and must take all reasonable steps to minimise the adverse effects of the Force Majeure Event by which it is affected and which is the subject of a notification under this clause 18.

19. CARRIER TERMS AND CONDITIONS
The Customer confirms to Intelli Messaging that it is not a “Carrier” or a “Carriage Service Provider”. If you become a Carrier or Carriage Service Provider, you must provide notice in writing to Intelli Messaging and agree to enter into negotiations in good faith with Intelli Messaging to agree alternative terms as may be appropriate for products and services offered by Intelli Messaging for access to or use by Carriers or Carriage Service Providers.

20. SEVERABILITY OF TERMS
Any provision of this Agreement which is prohibited or unenforceable (or partially unenforceable) in any jurisdiction will be taken to be removed from this Agreement in that jurisdiction to the extent of the unenforceability. Provisions of that kind do not invalidate the remaining provisions of this agreement nor affect the validity or enforceability of that provision in any other jurisdiction.

21. NO MERGER
The rights and obligations of the parties which are capable of having effect after the expiration of this Agreement will remain in full force and effect following expiration of this Agreement.

24. DISPUTE RESOLUTION

24.1 If you have a problem or complaint about your Service/s, please contact Intelli Messaging at support@intellisms.com,au or on 1300 015 013 (during AEST Business Hours).

24.2 If, following our internal investigation and response to your problems or complaints, you are not satisfied with the resolution we have proposed or provided, you can contact the Telecommunications Industry Ombudsman at 1800 062 058 (8:00am to 8:00pm Monday to Friday AEST) or by following instructions available at tio.com.au/complaints.

24. TAXES
If GST is imposed on any supply Intelli Messaging makes to the Customer under this Agreement, the amounts deducted from your pre-paid Transaction Credits for Chargeable Transactions are deducted at rates that are inclusive of GST. Unless otherwise agreed between the parties, if Customer acquires the Services outside of Australia, pre-paid Transaction Credits are deducted at rates that are exclusive of GST. For any amounts payable to Intelli Message that are stated as exclusive of GST, the Customer shall be liable to meet any applicable goods and services tax, consumption tax or value added tax whether currently in force or introduced or increased after the date of this Agreement (and including any costs arising from the retrospective application of any such tax) and any other taxes, duties, fees and charges arising out of the performance of this Agreement. The Customer shall not be entitled to deduct the amount of any such taxes, duties, fees and charges from payments due to Intelli Messaging under this Agreement.

25. GOVERNING LAW
This Agreement is governed by the laws of New South Wales, Australia. The parties hereby irrevocably submit to the exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales, Australia.

26. GENERAL
26.1 The Customer agrees to notify Intelli Messaging should the Customer have concerns relating to Intelli Messaging’s performance of the Services and the parties will comply with the dispute resolution mechanism set out in clause 24 (Dispute Resolution).

26.2 Intelli Messaging’s notice to you in writing under this Agreement will be provided to the email address provided by you during the account registration process. The Customer’s notice in writing to Intelli Messaging under this Agreement must be provided to support@intellisms.com.au. Emails are taken to be received by the recipient on the date that they reach the recipient’s server.

26.3 In this Agreement, unless the context otherwise requires:
a) words like including and for example are not words of limitation;
b) a reference to this Agreement or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;
c) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;
d) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;
e) no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
f) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;
g) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally; and
h) a reference to $ or dollars refers to the currency of Australia from time to time.

26.4 In the event of any conflict or inconsistency among the following documents, the order of precedence will be:

a) the terms set forth in the body of this Agreement;
b) Acceptable Use Policy; and
c) any other terms incorporated by reference herein or any other schedule, exhibits or documents attached or referred to in this Agreement.

Acceptable Use Policy

Last updated: 21 February 2023

At FUJIFILM Secure Messaging Services Pty Ltd t/a Intelli Messaging (FUJIFILM SMS, our, us or we) one of our goals is to help your business grow by getting the most out of our services. To do this, we need to keep our products and services running smoothly. For this to happen we need you to not misuse or abuse our products and services.

This Acceptable Use Policy (AUP) describes the rules that apply to any party (you, your, Customer) using any product, service or websites (Services), whether we provide it directly or use another party to provide it to you. This AUP supplements, and is incorporated into, FUJIFILM SMS’ End User Agreement or such other agreement governing the use of the Services between you and us (Agreement).

The prohibited conduct in this AUP is not exhaustive.

All capitalised terms not defined in this AUP have the meaning set out in the Agreement.

1. Lawful Use
You must only use our Services for lawful purposes. You must not use our Services to engage in or encourage, promote, facilitate or instruct other to engage in any activity that is illegal or otherwise breaches any applicable law or cause us to do so. This includes:

using the Services in violation of any data, privacy, consumer protection and export controls laws; and
sending any content that contains or transmits any virus, worms, malware, spyware, adware or such other malicious file or program.

2. Service Integrity
You must not, whether intentionally or unintentionally, compromise the integrity of the Services or otherwise take action that damages or is likely to damage our business, brand or reputation. This includes:

reverse engineering, copying, dissembling or decompiling the Services;
interfering with or adversely impacting any aspect of the Services or any third-party networks that are linked to the Services, including attempts to disrupt, disable or overload the Service;
scanning or testing the vulnerability of any systems or networks that hosts our Services;
tampering with, hacking, circumventing any security or authentication measures, or attempting to gain unauthorised access to the Services, systems, networks or data; and
spoofing or denial of service attack on the Service.

3. Inappropriate Content
You are solely responsible for any Customer Information and Data made available by you through the Services. We are not liable for your Customer Information and Data.

Without limiting your obligations under the Agreement, you must not use the Services to transmit, store, display, distribute or otherwise make available content that would result in an infringement of any third party rights, including their intellectual property or proprietary rights, is defamatory, discriminatory, threatening, libellous, harassing, harmful, abusive, hateful, deceptive, misleading, fraudulent, obscene, harmful to minors or otherwise objectionable, including content that constitutes misinformation, child sexual abuse material, spam or unsolicited communications.

4. Restricted industries

Certain laws prohibit us from providing our Services to particular industries. To protect our customers and in compliance with these laws applicable to our business, we reserve the right to discontinue your use of our Services if you are in one of these industries. Some industries include:

Adult services, including escort and dating services
Alcoholic beverages
Casinos
Cryptocurrency
Gambling product or services
Financial services
Firearms
Multilevel marketing
Pharmaceuticals
Politics / political propaganda
Tobacco

5. Responsibility for end user

You are responsible for any violations of this AUP by anyone using the Services with your permission or using your account on an unauthorised basis. If you are a Customer, you are responsible for your End Customers’ compliance with this AUP.

6. Monitoring and Enforcement

You agree to immediate report any violation of this AUP to FUJIFILM SMS and provide cooperation, as requested by us, to investigate and/or remedy that violation.

We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate. Without affecting any other remedies available to us, FUJIFILM SMS may permanently or temporarily terminate or suspend your account or access to the Services without notice or liability if we (in our sole discretion) determine that you have violated this AUP.

We also reserve the right to remove Customer Information that is inconsistent with the principles of this AUP.

7. Updates

We may update this AUP from time to time upon reasonable notice, which may be provided via your account, email or by posting an updated version at https://www.intellisms.com.au/legal/. The updated version of the AUP will supersede all prior versions and will be effective upon the date indicated at the top of this AUP.

Privacy Policy

Last updated: 1st September 2023 | Archive Versions

1 Purpose and Scope
2 What is your Personal Information?
3 What personal information do we collect and hold?
4 How do we collect personal information?
5 Purposes for which we collect, hold, use and disclose your personal information
6 Cookies and Tracking Technologies
7 What happens if we can’t collect your personal information?
8 Direct Marketing
9 Accessing and correcting personal information
10 Disclosure of Personal Information outside Australia
11 Security
12 Credit Reporting Privacy Policy
13 Links
14 Complaints
15 Contact Us
16 Updates

1. Purpose and Scope
FUJIFILM Secure Messaging Services trading as Intelli Messaging (Fujifilm SMS, we, our, us) offers products and services related to short messaging (SMS) communications.

We understand the importance of protecting the privacy of individuals and the rights of individuals in relation to their personal information. We also understand the importance of protecting personal information that we handle for our clients and their customers, as well as prospective customers, potential and existing employees and contractors with whom Fujifilm SMS interacts.

This document sets out our policies for managing your personal information and is referred to as our Privacy Policy. This document also incorporates our Credit Reporting Privacy Policy which lets you know how we use any credit-related information that we may collect. In this Privacy Policy, "you" or “your” refers to any individual about whom we collect personal information.

We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) as amended from time to time. We are committed to complying with the requirements of the Privacy Act and the Australian Privacy Principles (APPs) contained in the Privacy Act in all activities of Fujifilm SMS involving the collection, management, use, storage, disclosure and handling of personal information.

This Privacy Policy applies to all personal information collected by us, whether online or offline, including personal information collected or submitted through our websites, including https://intellisms.com.au/, through our Web Application (WebApp), as well as through emails and other correspondence with you.

If you purchase your service from one of our resellers, or if you access our services through an account held by another party who is a direct customer of Fujifilm SMS (for example your employer's account with us), our resellers and customers have their own privacy policies regarding the collection, use, handling, disclosure and processing of personal information of their end customer or users. We encourage you to read their privacy policies if you want to learn more how your personal data is handled by them.

In signing up to use and access our WebApp, you have been asked to indicate your agreement to the terms of our Privacy Policy. We may update our Privacy Policy from time to time and if at any stage you no longer agree with our practices explained in this Privacy Policy, you may cancel your service and cease using our products and services as set out in your agreement with us.

2. What is your Personal Information?
When used in this Privacy Policy, the term “personal information” and “sensitive information” have the meaning given to them in the Privacy Act.

In general terms, personal information is any information that can be used to personally identify you. This may include your name, address, telephone number, email address, credit card details, account number and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

Sensitive information includes health, genetic and biometric information and any personal information about an individual’s race or ethnicity, political opinions or association, philosophical or religious beliefs or association, trade association or union membership, sexual orientation/practices or criminal record.

3. What personal information do we collect and hold?

The kinds of personal information that we collect and hold about you will depend on the circumstances in which it is being collected, including whether we collect the information from you as a customer or prospective customer, contractor, supplier, employee or prospective employee or in some other capacity.

The personal information we may collect and hold includes your name, age or birth date, employer, current and previous addresses, phone numbers, facsimile numbers, email addresses, profession, preferences for using our website, occupation, job title, payment information (such as payment card details which are processed via third party secure payment processing services), bank account information, insurance details, customer service issues or details of your credit worthiness and credit history.

Some of our main relationships and how we deal with data in these relationships are described below.

Customers and prospective customers

If you are a customer of ours, we also collect:

details of the products or services you have purchased from us or which you have enquired about together with any additional information necessary to provide those products and services or to respond to your enquiries;
information about how you use our products and services (including the volume, time and duration of SMS messages you send or receive and information about the services and applications you use);
information you provide when you use our products or services, such as your name, email address, company name and password when you register for our WebApp;
any additional information relating to you that you provide us directly through our websites or indirectly through use of our websites or online presence, through our representative or otherwise;
information you provide us through customer surveys or visits by our representatives from time to time; and
any additional information that is provided by our customers about their customers or end users who use or interact with services that may integrate with our products and services. This information includes information we use to route messages and metadata about messages and it also includes the contents of communications that identify senders and may identify recipients.

Third party providers and business partners

When we do business with you, for example as you work for one of our third party providers, suppliers or other business partners, we maintain records which may include your personal information such as:

personal details such as your name, title, email address, postal address and other business contact details (such as your LinkedIn profile);
information about your employer or an organisation who you represent;
your professional details (such as your job title);
any additional personal information you provide to us, or authorise us to collect, as part of your interaction with Fujifilm SMS; and
other contact details regarding our interactions and transactions with you and the organisation you represent.

Prospective employees

We collect personal information when recruiting personnel, such as your name, title, date of birth, gender, contact details, qualifications and work history (including references and other information included in a CV or cover letter as part of the application process).

Before offering you a position, we may collect other information necessary, to conduct background checks to determine your suitability for certain positions.

If we do collect and/or hold sensitive information, we will only do so if you have given your consent and it is reasonably necessary for such purposes.

4. How do we collect personal information?

We collect information about you when you provide it to us, when you use our products or services and when other parties provide it to us (with your consent), as further described below.

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:

from your access and use of our websites or websites hosted by us and/or the WebApp, including when you sign up for an account with us and through web forms where you type in information;
during conversations or other communications between you and our representatives;
through your use of telephone, mobile and electronic communication with us or our customers;
if you visit our premises, through surveillance cameras and/or fingerprint scanners located at our sites; or
when you or your organisation submit a document or data containing personal information (for example, emails, contact forms, order forms, application forms, credit applications, assets and liabilities statements, proof of identification, direct debit requests, agreements, statements of work, surveys, promotional forms, competition forms etc).

We collect information automatically when you use the Service, including browsing our website or taking certain actions within the WebApp. For more information about the types of data we collect in these circumstances and how we do so please see the section titled “Cookies and Tracking Technologies” below.

We may also collect personal information from third parties including:

from publicly available sources, such as LinkedIn and other professional websites;
from our customers; or
from our related entities and third party companies such as our resellers and aggregators (who may be required to provide us information about you for conducting identity checks) and credit reporting bodies, law enforcement agencies and other government entities.

Some of the personal information we hold or deal with is not collected by us. As we are a communications service provider and provide SMS related services to our clients, some of the data and personal information provided to us by our reseller partners and aggregator partners has not been directly collected by us from the individual concerned. It is impracticable for us to collect information directly from you when we are acting as the “agent” or service provider of our client as our client has already collected the relevant information from you (or another third party).

In respect of personal information which is provided to us by our clients, we do seek client assurances that all such personal information has been collected lawfully and in compliance with the Act and any other applicable privacy and data protection laws. We will not be responsible for, and accept no liability in respect of, any failure by a client to do so.

5. Purposes for which we collect, hold, use and disclose your personal information

We collect personal information about you so that we can perform our business activities and functions and to provide the best possible quality of customer service.

The purposes for which we collect, hold, use and disclose your personal information depends on the nature of your interaction us with, and may be for the following purposes:

to provide products and services to you and/or your organisation and to send communications requested by you or your organisation;
to answer enquiries and provide information or advice and marketing material about existing and new products or services;
to conduct our business of communication services and related functions including providing personal information to our related bodies corporate, clients, contractors, service providers or other third parties;
to detect, prevent, or investigate security incidents, fraud or abuse or misuse of our websites, platform and services;
for the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes of Fujifilm SMS, its related bodies corporate, contractors or service providers;
consider job applicants for current and future employment (including for contractors);
to obtain products or services from you;
to update our records and keep your contact details up to date;
to assess the provision of, and provide credit to you;
to process and respond to any complaint made by you or by others; and
to comply with any law, rule, regulation, industry code, industry standard, binding declaration or determination, decision or direction of a regulator, or in co-operation with appropriate law enforcement agencies in Australia or relevant government authority of another country (or political sub-division of a country).

We may also use your personal information for the other purposes related to those described above which would be reasonably expected by you. When acting on behalf of the client, we use personal information as directed by the client.

We do not disclose personal information we obtain when acting on behalf of one client, to any other client, unless directed by the first client.

Fujifilm SMS sometimes handles personal information relying on exemptions under the Privacy Act, for example in relation to: (i) employee records; (ii) related bodies corporate; (iii) provision of services to State or Territory authorities; and (iv) operations outside Australia relating to personal information of non-Australians. Any permitted handling of personal information under such exemptions will take priority over this Privacy Policy to the extent of any inconsistency.

We may disclose your personal information to:

our employees, related bodies corporate and/or their service providers, clients, contractors or service providers for the purposes of operation of our websites or our businesses, fulfilling requests by you, and to otherwise providing products and services to you and our clients including, without limitation, web hosting providers, IT systems administrators, payment processors, other communication service providers for proper routing and connectivity of messages, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants. Please be aware that some of our interconnecting partners are licensed carriers in jurisdictions outside of Australia who may be required to disclose and provide access to information and communications stored on or traversing their networks for law enforcement processes in accordance with relevant laws in that jurisdiction outside of Australia;
suppliers, clients and other third parties with whom we have commercial relationships, for business, marketing, credit reporting and related purposes;
any organisation for any authorised purpose with your express consent;
other third parties for the purposes of investigating complaints or suspicious use patterns in order protect you or another party against fraud, crime or other misconduct;
service providers to us and government or industry organisations who manage central numbering databases or marketing campaign registries as required by law, regulation or under an industry agreement or code;
law enforcement and national security agencies, and other government and regulatory authorities as required or permitted by law.

6. Cookies and Tracking Technologies

We use common information gathering tools such as cookies, web beacons, pixels and other similar tracking technologies to automatically collect information when you navigate our website, use our WebApp or services to improve and customise our websites and services, and your experience, including to present you with advertising relevant to your interests.

When you access our websites or our WebApp, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your device and to allow you to access and use the services or WebApp without re-entering your username or password. Cookies may store your user preferences to our websites or WebApp. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services.

If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users’ movements, and gather broad demographic information. We collect IP address when you make requests to our APIs or when you use our WebApp. We use this information to understand how you are using our platform, who those customers are (to ensure security and prevent misuse), what country they are logging in from (for analytics and quality purposes).

We also use web beacon to gather data about your use of our websites and how you interact with emails we have sent to you. Web beacons are clear electronic images that can recognise certain types of data on your computer, like when you view a particular website tied to the web beacon, and a description of a website tied to the web beacon. Additionally, we may put web beacons in marketing emails that notify us when you click on a link in the email that directs you to a Fujifilm SMS website. We use web beacons to operate and improve our websites and email communications to you.

7. What happens if we can’t collect your personal information?

If you do not provide us with the personal information described above, some or all of the following may happen:

We may not be able to provide the requested products or services to you, either to the same standard or at all, or we may not be able to supply services to our clients which will enable our clients to do the same; or
We may not be able to provide you with information about products and services that you may want, including information about discounts, sales or special promotions, or we may not be able to supply services to our clients which will enable our clients to do the same; or
We may be unable to tailor the content of our websites to your preferences, or we may not be able to supply services to our clients which will enable our clients to do the same; or
If you are a client of ours, we may not be able to provide you with the products and services you require; or
If you are a contractor to us, you may not be able to provide your products or services to us.

8. Direct Marketing

We may send you direct marketing communications and information about our products and services that we, or our clients, consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). At any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list (or where we are using a mailing list provided by our client, we will pass your request on to our client).

We do not provide your personal information to other organisations for the purposes of direct marketing. However, where we are engaged by our clients to act on their behalf in collecting, holding or processing personal information, then we will pass that personal information on to our client, to our client’s other agents or to third party suppliers as directed by the client or to fulfil our obligations to our client.

9. Accessing and correcting personal information

You may request access to any personal information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by directing you to self-service features in our WebApp).

If we hold personal information on behalf of a third party (for example, on behalf of a client that is using our communication products and services) then we may direct you to contact that third party for the purposes of accessing and correcting your information.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.

10. Disclosure of Personal Information outside Australia

We may disclose personal information to our related bodies corporate and third party suppliers and service providers located overseas for some of the purposes listed above.

We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the applicable privacy obligations relating to your personal information.

We may disclose your personal information to entities located outside of Australia, including the following:

our related bodies corporate located in Hong Kong, Taiwan, Philippines, Singapore, Japan, Thailand, Malaysia, South Korea and New Zealand and their suppliers located in Japan, Philippines, Netherland, Ireland and Australia;
our data hosting and other IT service providers or suppliers, located in New Zealand, India and the United States of America; and
other communications service providers for proper routing and connectivity of communications as requested by our client;
such other foreign countries that we or our clients disclose to you at the time of collecting your personal information.

11. Security

We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure using a combination of technical measures, security controls and interna processes. We may hold your information in either electronic or hardcopy form.

Personal information is destroyed or de-identified when no longer needed.

As our websites are linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information communicated online.

We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

12. Credit Reporting Privacy Policy

This Credit Reporting Privacy Policy describes our practices in connection with information we collect and hold about individuals when providing commercial credit, in particular:

information we collect and hold about individuals who are directors and/or officers of a company, when providing commercial credit to that company;
information we collect and hold about individuals who provide a personal guarantee to us in relation to commercial credit we provide to a company; and
information we collect and hold about individuals who are obtaining that credit for their own business purposes as sole traders or partners in a partnership.

In this Credit Reporting Privacy Policy, "credit-related personal information" means one or more of "credit information", "credit eligibility information", "credit reporting information" or "regulated information", as those terms are defined in the Privacy Act.

When you apply for or obtain or guarantee credit from us, the credit-related personal information that we collect from you includes information that identifies you, such as your name, postal address, email address and date of birth and your driver’s licence number.

We may exchange credit-related personal information about you with credit reporting bodies (CRBs) for the purposes of assessing commercial credit applications from you or companies of which you are a director, and also to assess whether to accept a guarantee from you.

We use the information we collect from and about you for account management and administrative purposes directly related to the provision or management of the commercial credit we provide to you or to companies of which you are a director.

We may also report defaults in payment terms or guarantee commitments in relation to commercial credit to CRBs. We may also disclose your credit-related personal information to any guarantor of your obligations to us.

We may also use the information we collect from and about you to:

collect overdue payments;
assign debts; and
create assessments and ratings of your credit worthiness.

We may disclose your credit-related personal information to our related bodies corporate and third party suppliers and service providers located outside Australia, for the purposes set out in this Credit Reporting Privacy Policy. Further details about such overseas disclosures are set out in section 10 of this Privacy Policy.

For information about the following topics in relation to our handling of credit-related personal information please refer to the applicable section of our Privacy Policy (of which this Credit Reporting Privacy Policy comprises a part):

Access and Correction - see section 9;
Disclosure outside Australia - see section 10; and
Security - see section 11; and
Complaints - see section 14;

13. Links

Our websites may contain links to other websites operated by third parties. The privacy and data security practices of such third parties and their sites and/or services are governed by the privacy notices of those third parties, and not this privacy policy. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website.

14. Complaints

If you have any questions about this Privacy Policy, any concerns or a complaint regarding the treatment of your personal information or a possible breach of privacy, please contact our Privacy Officer using the details set out below and provide details so that we can investigate your concern or complaint.

We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your request or complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

If you are not satisfied with our response to your request or complaint, or you consider that Fujifilm SMS may have breached the APP or the Act, a complaint may be made to the Office of the Australian Information Commissioner by using the contact details on the website www.oaic.gov.au.

15. Contact Us

Please contact our Privacy Officer at:

Privacy Officer
Fujifilm Secure Messaging Services Pty Ltd
Level 5, 26 College Street
Sydney NSW 2000
Telephone: 02 9612 8000
Email: im.privacy.ka@fujifilm.com

16. Updates

Fujifilm SMS may amend this Privacy Policy from time to time, with or without notice to you. Any updated versions of this Privacy Policy will be posted on our website and we recommend that you visit our website to keep up to date with any changes. Any personal information we hold will be governed by the most current version of the Fujifilm SMS Privacy Policy.