[Last updated January 2020]

Terms and Conditions

These terms and conditions outline the rules and regulations for the use of this Website.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Digital Pass''s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company''s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client''s needs in respect of provision of the Company''s stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using Digital Pass''s website you consent to the use of cookies in accordance with Digital Pass''s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Digital Pass and/or it''s licensors own the intellectual property rights for all material on Digital Pass. All intellectual property rights are reserved. You may view and/or print pages from http://DigitalPass.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from http://DigitalPass.com
Sell, rent or sub-license material from http://DigitalPass.com
Reproduce, duplicate or copy material from http://DigitalPass.com

Redistribute content from Digital Pass (unless content is specifically made for redistribution).

The following organizations may link to our Web site without prior written approval:
1. Government agencies;
2. Search engines;
3. News organizations;
4. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
5. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party''s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
2. dot.com community sites;
3. associations or other groups representing charities, including charity giving sites,
4. online directory distributors;
5. internet portals;
6. accounting, law and consulting firms whose primary clients are businesses; and
7. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Digital Pass; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party''s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to admin@digitalpass.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party''s site.

No use of Digital Pass''s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

PRIVACY POLICY

1. Your privacy is important to Us.

We recognise the trust you're placing in us through your dealings with us. We're committed to protecting your personal information. Our policies comply with our obligations under applicable privacy laws and are intended to protect your privacy in respect of any personal information that you may provide to us.

2. What personal information we generally collects and why

We will only collect information about you that is reasonably necessary for us to perform our functions and activities. We collect information from visitors, users and others in a number of different ways. These include when customers or others provide information to:

subscribe to our services or use, subscribe to or purchase content;
enter competitions, participate in event activities, or subscribe to email or mobile newsletters, so that we can contact competition winners, and inform you about events, activities and promotions (you have the option to opt out from receiving this information);
use services offered on website or apps, including completing online surveys, setting up a membership on the Site and subscribing to marketing communications,

(together, the Services).

When you become a registered user of any of the Services, we ask for:

your name;
a current and valid email address;
in certain circumstances, your residential address, your telephone number and credit/debit card or PayPal details;
in certain circumstances, information from a Government issued document that confirms your identity;
in certain circumstances, demographic and preference information.

We collect this information in order to facilitate your use of our Services and the functionality provided by the Services, to help us improve our services and to carry out other activities specified in this policy. If you don't provide us with this information, we may not be able to provide you with full access to all or part of the Services or functionality offered.

When you provide us with additional information to verify your identity, this information is not stored by us and is disclosed to and used exclusively to perform an identity check with our third party service provider.

If you'd like to remain anonymous or to use a pseudonym when dealing with us, we may be able to provide you with limited information or services. However, in many cases it won't be possible for us to assist you with your specific needs given the nature of the facilities and services we offer.

We update the information we hold about you when you provide or we receive new information about you. In some circumstances we may need to ask you for documented evidence to update your personal information, especially in relation to your name or date of birth, as required by relevant law.

3. Other information we collect

We may also collect the following information from you through your devices in connection with the provision of our Services:

log information: when you use the Services, we collect server logs, which may include information like the fully qualified domain name from which you accessed our Site, or alternatively, your IP address, the date and time you accessed each page on our Site, the URL of any webpage from which you accessed our Site (the referrer), cookies which track your visits to the Site and the web browser that you are using and the pages and content you accessed;
contacts information: if you permit us to access the address book on your device when using the Services through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this policy or at the time of consent or collection;
usage and preference information: we collect detailed information about how and when you and site visitors interact with our Services, the content you view, where applicable, how engaged with that content you are, the preferences expressed, and settings chosen. In some cases, we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Statement;
device information: we may collect information about your mobile device, including, for example, the hardware model, brand, locale, operating system and version, software and file names and versions, preferred language, screen vertical and horizontal display size, unique device identifier, advertising identifiers, serial number, headphone connection, battery level and charging state, and mobile network information;
device motion information: we may collect information based on your device's motion, angle or position when using the Services which we use to infer certain conclusions about your current use of our Service including, for example, whether you may be stationary or moving, to determine if this is a suitable time to tell you about new content; or present advertising
transaction information: we collect transaction details related to your use of our Services in order to maintain billing and provide service records, including the type of service requested, date and time the service was provided, and other related transaction details. Additionally, if someone uses a promotion or referral code of yours, we may associate your name with that person.

We request permission for collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this may limit your ability to use certain features of our Services.

4. Who collects the information

Personal information collected about individuals (as described above) in relation to the Services may be collected by or on behalf of us.

Information may also be collected by us on behalf of other people as set out in notices given to customers, or consents given by customers, at or prior to the time the personal information is collected. For example, if you choose to link, create, or sign into your Dashboard with a social media service (e.g. Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.

If we receive personal information about you that we did not ask for either directly or through someone on our behalf, from someone other than you, and we determine that we could have collected this information from you had we asked for it, we will notify you, as soon as practicable, that we have collected your personal information. If we could not have collected this personal information, we will lawfully de-identify or destroy that personal information

5. Our use of personal information

We may use the information we collect about you in connection with the provision of our Services to:

provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to you, develop safety features, authenticate users, and send product updates and administrative messages;
perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyse usage and activity trends; or
personalise and improve the Services and to provide or recommend features, content, social connections, referrals and advertisements.

We may also sell or disclose to other parties, data we collect from you either with or without personally identifiable information you provide us. For example, we may provide this information to third parties to assist them to determine what advertising, promotional materials, products or services are likely to be of most interest to you and to assist merchants and other third parties to monitor general consumer trends in various areas. We may also modify or de-identify personal information (through encryption, aggregation or other de-identifying techniques) so that it is in a form from which you or others cannot be identified and sell or disclose such modified information to any person for any purpose, including to people or companies located outside of Australia.

6. How and where your personal information is stored

All personal information collected by us is held securely, in our computer systems or in a database. This information is only made available to our staff on a need to know; basis or to other people as outlined in this policy, who have agreed to treat that information confidentially. The database is protected by a firewall as well as host-based security. These measures are designed to prevent your personal information being accessed by unauthorised personnel, lost or misused.

Your personal information may be transmitted over the Internet once it has been stored in the database and may also be transferred across borders to foreign countries, where doing so is part of our business practices relating to the storage of data and where permitted by law. If we ever have a requirement to transmit such data over the Internet (for example, to make an off-site back up) it will be in encrypted form. You consent to us transmitting and storing your personal information overseas and agree that we are not required to ensure that any foreign-based service providers we use comply with privacy laws which may apply to us.

We will use all reasonable endeavours to keep your personal information in a secure environment, however, this security cannot be guaranteed due to the nature of the Internet. If you reasonably believe that there has been unauthorised use or disclosure of your personal information, please contact us (see below).

We will comply with all applicable mandatory data breach notification laws.

7. Unsubscribing from our email and SMS updates

By providing your email address to us, you expressly consent to receive emails from us, where permitted by law. We may use email to communicate with you, to send information that you have requested, or to send information about other products or services developed or provided by us or by third parties. If you have a subscription or other registration with us and don't want to receive commercial email or other mail from us, please update this in the Personal info section of your App or your Dashboard. Please note that if you don't want to receive legal notices from us, such as notices regarding this policy, those legal notices will still govern your use of the Site, and you are responsible for reviewing such legal notices for changes. We may receive a confirmation when you open an email from us if your computer supports this type of program. We use this confirmation to help us make emails more interesting and helpful and improve our service.

If you also provide your mobile number to us and opt in, we may send you periodic text messages through an automatic telephone dialling or messaging system. These may include marketing text messages, as well as transactional messages about features and updates to our Site or the Services. Standard text message and data rates will apply. You are not required to agree to receive text messages in order to use any of our apps or other services.

There is no fee for unsubscribing to our email and SMS notifications. Because of the way we maintain and distribute marketing information, your request may not take effect immediately, and you may continue to receive marketing information from us for a reasonable period.

You cannot refuse to receive information which we are required to provide you by law.

8. Disclosing and sharing your personal information

We will disclose personal information we have about you when:

you agree to the disclosure including as set out in this policy;
we use it for the purposes we collected it; or
disclosure is required or authorised by law.

When you register for our Services and use our Services, you agree that, to the extent permitted by law, we may also disclose information about you to:

related companies and affiliated entities that provide services or conduct data processing on our behalf, or for data centralisation and / or logistics purposes and for marketing purposes;
third parties who provide services to us from time to time;
third parties who provide a service to you or us that you requested through a partnership promotional offering made by a third party or us;
vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
third parties with whom you choose to let us share information, for example other apps or websites that integrate with our Services, or those with Services with which we integrate;
government agencies as part of our statutory obligations;
in response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing or acquisition of all or a portion of our business by or into another company; and
the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public.

We may also disclose information about you:

if we otherwise notify you and you consent to the sharing; and
in an aggregated and/or anonymised form which cannot reasonably be used to identify you.

In addition to the purposes set out above, information may be used by us in connection with the management and security of the business, and may be provided to law enforcement and government bodies, insurers, our staff and subcontractors, third parties who provide us with services from time to time and retailers for these purposes.

The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

You may elect to publicly post personally identifying or sensitive information about yourself in the course of using our Services. This could occur through the use of optional profile fields, or in interactions on public wikis and forums. Information that you voluntarily post in publicly visible parts of our Services is considered to be public, even if it would otherwise be considered to be personally identifying or sensitive. As such, it is not subject to the protocols listed here.

We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our Services, as well as when you visit other online sites and services.

9. Deleting your personal information

Except as described below, we will retain personal information and other information we receive for as long as your registration or subscription is active or as needed to provide services through the Site. Notwithstanding anything to the contrary herein, we will retain and use the information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you terminate your registration or subscription with us, your profile, including any personal information, offers, purchases, or other information associated with your membership will be removed from the Site and eventually deleted from our servers. Because of the way we maintain the Site, such deletion may not be immediate, and residual copies of your profile information or posts may remain on backup media for up to ninety (90) days. Notwithstanding the foregoing, we will retain information as required by applicable law and we will not delete any information that has already been aggregated or anonymised.

To the extent we have already disclosed information about you to third parties before you delete your account, we cannot require such third parties to delete that information.

10. Your right to access your information

You have the right to access, update and correct your personal information held by us. We will take reasonable steps to ensure that personal information is up-to-date, accurate and complete and to correct any out-of-date, inaccurate or incomplete personal information if you request us to do so, where required by law, within a reasonable period.

We may withhold or refuse you access to your personal information if we are legally authorised to do so or where its disclosure to you is restricted by law, is the subject of legal action, or may compromise the privacy of another person. We will give you written reasons explaining why we have refused access, or refused access in the form you have requested unless it would be unreasonable to do so, having regard to the reasons for our refusal.

We may charge you a reasonable fee to access your information as permitted by applicable law.

11. Information collected from children

We do not knowingly collect personal information from children under the age of 18 without parental or guardian consent. If we learn that we have inadvertently obtained such information, we will promptly delete the information. If you believe that a child has provided us with personally identifiable information without the consent of his or her parent or guardian, please contact us using the email or chat tools on our website.

12. Changes to our privacy policy

This privacy policy relates to our current privacy standards. We may vary our privacy policy from time to time. We will notify you of any changes by publishing the latest policy from time to time on our Site. We suggest that you visit our Site regularly to keep you up to date with any changes.