PLAETOS GROUP POLICIES

Effective starting: May 1st, 2020

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PLAETOS GROUP PTY LTD TRAINING TERMS OF USE

 

Welcome to Plaetos Group Pty Ltd’s (ABN 53 102 443 916) (“Plaetos”) online training platform (the “Service”).   Through the Service, you’ll be able to access our library of training courses (“Courses”) for our products and services (“Plaetos Products”).  For the purposes of these Training Terms of Use, the Courses and Materials (as defined below) are deemed to be part of the “Service.”

By accessing the Service or ordering any Course, you are agreeing to Plaetos' Training Terms of Use and all other policies or notices posted by us through the Service or referenced herein (collectively, these “Terms”). These Terms govern your initial access to the Service and any subsequent order of Courses you make via any ordering document, online registration, order description, or order confirmation referencing these Terms (“Order”). If you don’t agree to these Terms, do not access the Service. These Terms apply no matter how you access the Service, whether on our website, via our mobile applications, or through other means. If you are accessing or using the Service on behalf of your company, you represent that you are authorized to accept these Terms on behalf of your company, and all references to “you” reference your company. 

For the avoidance of doubt, use of Plaetos Products are subject to separate terms, such as our Terms of Service, and these Terms do not apply to use of or access to the Courses. 

From time to time, we may modify these Terms. Unless we specify otherwise, changes become effective upon our posting of the updated Terms, and the updated Terms will apply to all purchases made after they are posted. We will use reasonable efforts to notify you of the changes through communications via the Service, email or other means.

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1. THE SERVICE

 

1.1. Access to the Service.  You may access the Service via your accounts for Plaetos Products to view the Courses you have purchased, but solely for your own benefit and in accordance with these Terms.  You acknowledge that we may use your personal data (including for registration for Courses) in accordance with our Privacy Policy and that such personal data is processed and stored in Australia. You will ensure that your use of the Service and all User Content (as defined below) is at all times in compliance with all applicable laws.

1.2. Materials. Courses may include supplementary materials that you may download or otherwise access online, including Course descriptions, toolkits, and other written materials designed to supplement your training (“Materials”).  If any Materials are provided with the Courses you have purchased, then subject to these Terms, Plaetos hereby grants you a non-transferable, non-sublicensable, non-exclusive license to copy and use the Materials solely for your personal, non-commercial, educational use in connection with the applicable Courses.

1.3. General Restrictions.  You will not (and will not permit any third party to): (a) rent, lease, sell, provide access to or sublicense the Service to a third party; (b) use the Service to provide any product or service to a third party; (c) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Service; (d) copy or modify the Service, or create any derivative work from any of the foregoing; (e) remove or obscure any proprietary or other notices contained in the Service; or (f) publicly disseminate information regarding the performance of the Service.

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2. COURSES

 

Information on the different types of Courses you may order is available here (the “Information Page”), which is hereby incorporated into these Terms.

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3. OWNERSHIP AND USER CONTENT

 

3.1. OWNERSHIP OF THE SERVICE

 

You agree that we or our suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service. Except as expressly set forth in these Terms, no rights in the Service are granted to you.

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3.2. FEEDBACK

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We look forward to receiving your comments, requests and other feedback regarding the Service and you agree that we are free to incorporate and use your feedback without restriction of any kind, including in our promotional materials, in a manner that is attributable back to you.

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3.3. USER CONTENT

 

The Service may enable you to share your content, such as projects, assignments, and the like (“User Content”), with us, instructors, and/or other users. For the avoidance of doubt, any User Content does not constitute “Materials” for the purposes of these Terms. You retain all intellectual property rights in, and are responsible for, the User Content you share. Your use of the Service and all User Content must comply with our Acceptable Use Policy at all times. To the extent that you provide User Content, you grant us a royalty-free, perpetual, sub-licensable, transferable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works of, publicly perform, publicly display, and otherwise use the User Content. We do not promise to store or make available on the Service any User Content for any length of time. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

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3.4. NO CONFIDENTIAL INFORMATION

 

You should not provide to us any information that you consider confidential (including in any feedback or User Content you provide) and you agree that we are not subject to any confidentiality obligations or use restrictions related to information or materials that you may provide to us in relation to the Service.

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4. FEES & PAYMENT; REFUNDS

 

4.1. FEES AND PAYMENT

 

Fees for Courses are as set forth on the Information Page. You are responsible for paying all fees for Courses you purchase as set forth in the applicable Order with a payment mechanism permitted during the Order process.  You are required to pay any sales, use, GST, value-added, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on our income.  If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and we reserve the right to change any fees at any time at our sole discretion. Any fee change will be effective immediately upon posting through the Service.

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4.2. REFUNDS

 

Our refund policies are set forth on the Information Page.

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5. TERM AND TERMINATION

 

5.1. TERM AND TERMINATIONS

 

These Terms are effective as of the earlier of (a) the date you first access or use the Service or (b) the date of your first Order, and continue in effect while you are accessing the Courses. We may terminate these Terms and your access to the Service at any time upon notice to you if you breach these Terms.

 

5.2. EFFECT OF TERMINATION

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Upon any expiration or termination of these Terms, you will immediately cease any and all use of and access to the Service. Provided these Terms were not terminated for your breach, you may retain copies of any Materials, so long as you do not copy, distribute or otherwise use them in violation of these Terms.  Except where an exclusive remedy is specified, the exercise of either party of any remedy under these Terms, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise. 

5.3. Survival.  The following Sections will survive any expiration or termination of these Terms: 1.3 (General Restrictions), 3 (Ownership and User Content), 4 (Fees & Payment; Refunds), 5 (Term and Termination), 6 (Warranty Disclaimer), 8 (Limitation of Remedies and Damages), 9 (Indemnity), 10 (Dispute Resolution) and 11 (General Terms). 

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6. WARRANTY DISCLAIMER

 

The service is provided “as is”. we and our suppliers do not make any warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not warrant that your use of the service will be uninterrupted or error-free. We shall not be liable for delays, interruptions, website failures or other problems inherent in use of the internet and electronic communications or other systems outside our reasonable control. The courses are provided for guidance only, and we make no warranties as to their accuracy or reliability. The service is accessed and used at your own discretion and risk and we shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, trojan horses or other destructive code resulting from access to or use of the service. You may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the shortest period permitted by law.

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7. SUPPORT

 

If you have any support inquiries regarding the Service, please see our online support resources available here. For the avoidance of doubt, the Service does not include support services.  

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8. LIMITATION OF REMEDIES AND DAMAGES

 

8.1. CONSEQUENTIAL DAMAGES WAIVER 

 

Except for claims arising from your breach of section 1.3 (general restrictions) or your indemnification obligations under section 9, neither party nor its suppliers shall have any liability arising out of or related to these terms for any loss of use, lost or inaccurate data, lost profits, failure of security mechanisms, interruption of business, costs of delay or any indirect, special, incidental, reliance or consequential damages of any kind, even if informed of the possibility of such damages in advance.

 

8.2. LIABILITY CAP

 

Our and our suppliers’ entire liability to you arising out of or related to these terms shall not exceed the amount actually paid by you to us for the service during the prior twelve (12) months under these terms.

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8.3. NATURE OF CLAIMS AND FAILURE OF ESSENTIAL PURPOSE

 

The parties agree that the waivers and limitations specified in this Section 8 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

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9. INDEMNITY

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You will defend, indemnify, and hold us harmless from and against any claim by a third party arising from or related to: (a) your use or attempted use of the Service in violation of these Terms, (b) your violation of any law or rights of any third party, or (c) any User Content, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.

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10. DISPUTE RESOLUTION

 

10.1.   DISPUTE RESOLUTION; ARBITRATION

 

In the event of any controversy or claim arising out of or relating to these Terms, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of sixty (60) days, any unresolved controversy or claim arising out of or relating to these Terms shall proceed to binding arbitration under the Rules of Arbitration of the International Chamber of Commerce. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party, and a third selected by the first two. Arbitration through electronic communications - e.g. video - is the preferred mechanism. If face-to-face arbitration is preferred, this will be undertaken in Melbourne, Australian. All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.

 

10.2. GOVERNING LAW; JURISDICTION

 

These Terms will be governed by and construed in accordance with the applicable laws of the State of Victoria, Australia, without giving effect to the principles of that State relating to conflicts of laws. Each party irrevocably agrees that any legal action, suit or proceeding that is not otherwise subject to the arbitration provisions of Section 10.1 (Dispute Resolution; Arbitration) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the State or Federal Court of Victoria, and each party irrevocably submits to the sole and exclusive personal jurisdiction of the courts in Melbourne, Victoria, Australia, generally and unconditionally, with respect to any action, suit or proceeding brought by it or against it by the other party. Notwithstanding the foregoing, Plaetos may bring a claim for equitable relief in any court with proper jurisdiction.

 

10.3. INJUNCTIVE RELIEF

 

Enforcement. Notwithstanding the provisions of Section 10.1 (Dispute Resolution; Arbitration), nothing in these Terms shall prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.

 

10.4. EXCLUSION OF UN CONVENTION

 

The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms.

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11. GENERAL TERMS

 

We may provide you with required or permitted notices via email or the Service, as determined by us in our discretion.  Any notices you give to us under these Terms will be deemed given only when personally delivered, delivered by reputable international courier requiring signature for receipt, or three (3) business days after being deposited in the mail, first class, postage prepaid, in each case to: Plaetos Group Pty Ltd, Mezzanine, 710 Collins Street, Docklands, Victoria, 3008, Australia. Attn: Legal Counsel. The parties are independent contractors, and there is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties.  If a court having proper authority decides that any portion of these Terms is invalid, only the part that is invalid will not apply, and the rest of these Terms will still be in effect. If we waive any of our rights under these Terms in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights, as we may decide to enforce them at a later date. Except as set forth herein, all amendments to these Terms must be in writing and signed by both parties. These Terms are the entire agreement between the parties with respect to its subject matter and supersede any prior agreements relating to such subject matter. These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction. We won’t be liable to you for any delay or failure to perform any obligation we have under these Terms if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency. We may use the services of subcontractors and permit them to exercise the rights granted to us in order to provide the Service under these Terms.  From time to time, we may add, remove, or change the Courses we offer to you or otherwise modify the Service.  We will use reasonable efforts to notify you of any addition or removal of Courses.

 

Effective starting: May 1st, 2020

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ENTERPRISE SUPPORT & SERVICES POLICY

 

This Enterprise Support and Services Policy (the “Policy”) governs Plaetos' provision of certain Additional Services in connection with its cloud offerings (“Plaetos Products”).  This Policy supplements the Plaetos Terms of Service, or a written agreement executed by Plaetos (each, the “Agreement”) and will control in event of a conflict with the Agreement relating to Additional Services.  Capitalized terms not defined in this Policy have the same meanings given to them in the Agreement, and “you” means the person or entity with a license or subscription to Plaetos Products as defined in the Agreement.

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1. ENTERPRISE SUPPORT

 

If Enterprise Support services are included in the applicable Order, the following terms will also apply:

 

1.1 Description of Enterprise Support Services

 

“Enterprise Support” refers to Plaetos' Premium Support services and any other services specifically offered to our Enterprise customers.  Enterprise Support services are performed remotely via phone, screen shares, tickets, chat and other electronic means and will not include travel to or time spent on your site.  Enterprise Support does not include any software or software upgrades.  For the avoidance of doubt, services not included in the Offering Details are not Enterprise Support services.  The Offering Details and features are subject to change in accordance with the process set forth for changes to our policies in the Agreement.

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1.2. Support Period

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The Support Period will be indicated in your Order and will expire on the date indicated in your account.  Upon expiration of the Support Period, you will no longer have access to Enterprise Support.  The Support Period may be renewed by mutual written agreement of the parties, but terms and conditions, including pricing, are subject to change.

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1.3. Onboarding Period

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During an initial period after purchase, we will manually transition eligible tickets, calls, and support requests from standard support queues to the Enterprise Support queues until we configure the Required Information (as defined below) associated with your Enterprise Support account (the “Onboarding Period”).  During the Onboarding Period we will make reasonable efforts to meet the Response Times specified in the Offering Details.  We will continue to manually transition eligible support requests until we receive the Required Information from you and we configure it in our support systems.  “Required Information” means (i) in the case of Premium Support, named contacts and domains.

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1.4. Publicity

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Upon mutual written agreement of the parties, you agree to be featured as the subject of a case study testimonial or white paper written by us as described in this Section 1.5.  The testimonial or white paper will discuss your experience with Enterprise Support and may be published on our website, distributed in our marketing materials, or published in relevant media outlets.  You will have the right to approve such materials in advance, such approval not to be unreasonably delayed or withheld.

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2. PREMIUM SUPPORT SERVICES

 

If Premium Support Services are included in the applicable Order, the following terms will also apply:

 

2.1. Description of Premium Support Services

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(a) How the Premium Support program works

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A Premium Support Manager (PSM) is a Plaetos product specialist who serves as your key point of contact with us and who provides general advice and guidance on Plaetos products and related services (as further specified below). We will designate an individual to serve as your PSM. We may designate a new PSM for you from time to time, upon notice to you. The PSM will be available to provide Plaetos PSM support services as further described below (“PSM Services”) to you during Business Hours (as defined below) for up to four (10) hours a month during the PSM Services term (inclusive of direct support interactions and internal efforts on your behalf). PSM Services may be provided via e-mail or over the phone, as designated by us and on the schedule mutually agreed by the PSM and your Account Representatives. From time to time as set forth in the Order, or as otherwise may be requested by you and at your expense, the PSM may travel to your site for the purposes of attending business meetings. However, for the avoidance of doubt, the PSM will not render any PSM Services at your location at any time. “Business Hours” means 9am to 5pm in a mutually agreed primary location for service delivery.

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(b) Customer Contacts

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You will designate up to two (2) individuals to serve as key points of contact with the PSM (the “Customer Contacts”). You will submit all your requests through your Account Representatives, and we will rely and act upon each Customer Contact’s instructions. You will ensure that your Customer Contacts have baseline knowledge of the Plaetos Products you are using.

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(c) What the PSM does

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Actual areas of advice and guidance will depend on your requests and needs and will be specified in your Order, but will generally be in the areas of:

• Getting the most out of your use of the Plaetos products.

• Designing a program of inquiry using the Plaetos products, and

• Troubleshooting specific issues associated with your use of the Plaetos products

We may update the list of PSM Services from time to time upon notice to you. We may also provide additional specialist services or help to source these specialist services for you from within our network of Partners, subject to mutual agreement and an updated Order.

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(d) What the PSM does not do

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The PSM will not:

• Be responsible for implementing your projects, or

• Provide any guaranteed influence on our product roadmap.

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2.2 Limits on PSM Services

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You acknowledge that the PSM Services fee is to secure the availability of the PSM as well as the time and effort spent by the PSM on PSM Services.  Hours not consumed in a given period cannot be banked, accumulated or saved for subsequent periods. While we will use commercially reasonable efforts to provide PSM Services in a professional manner and to address your requests, we do not guarantee that we will resolve all requests.

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2.3 PSM Services Term

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The PSM Services Term shall all be indicated in your Order.  The PSM Services Term starts on the PSM Services start date indicated in your Order.  Upon expiration of the PSM Services Term, you will no longer have access to the PSM Services.  The PSM Services Term may be renewed by mutual written agreement of the parties, but terms and conditions, including pricing, are subject to change.

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2.4 Publicity

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Upon mutual written agreement of the parties, you agree to be featured as the subject of a case study testimonial or white paper written by us as described in this Section 2.4. The testimonial or white paper will discuss your experience with the PSM Services and may be published on our website, distributed in our marketing materials, or published in relevant media outlets. You will have the right to approve such materials in advance, such approval not to be unreasonably delayed or withheld.

 

Policy effective: March 1st, 2020

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PLAETOS' POLICY ON RESPONDING TO LAW ENFORCEMENT REQUESTS

 

Plaetos provides software communication tools. These guidelines provide information to inform law enforcement officials seeking customer account records and customer content (“Customer Information”) from Plaetos in response to valid legal process, consistent with our privacy policy and use policy.  Plaetos respects the rules and laws of the jurisdiction in which it operates, as well as the privacy and rights of its customers. Accordingly, Plaetos provides Customer Information in response to law enforcement requests only when we reasonably believe that we are legally required to do so. To protect our customers’ rights, we carefully review requests to ensure that they comply with the law.

To obtain Customer Information from Plaetos, law enforcement officials must provide legal process appropriate for the type of information sought, such as a subpoena, court order, or a warrant. For example, Plaetos will not provide non-public customer content unless served with a valid search warrant, issued on a showing of probable cause by a federal or state court authorized to issue search warrants, which requires Plaetos to disclose the content. Please review these guidelines before submitting a law enforcement request to Plaetos.

These guidelines are intended to serve as an informational resource and do not create obligations or waive any objections concerning how Plaetos will respond in any particular case or request. Plaetos reserves the right to seek reimbursement for the costs associated with responding to law enforcement data requests, where appropriate.

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USER NOTICE POLICY

 

Plaetos' policy is to notify customers of requests for their information and provide them with an opportunity to object to the disclosure 7-10 days prior to production, unless such notification is prohibited by law.  Plaetos may shorten the notice period in its discretion, but generally only does so in emergency situations. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other process that specifically prohibits customer notification.

Further, if your request places Plaetos on notice of an ongoing or prior violation of our use policy, we will take action to prevent further violation, including account termination and other actions that may notify the user that we are aware of the misconduct. If you believe in good faith that taking such actions will jeopardize an ongoing investigation, you may request that Plaetos defer such action in your request. Plaetos will evaluate such requests on a case-by-case basis. It is the responsibility of the requesting law enforcement official to make this request, as it is Plaetos' policy to enforce its terms of use.

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SERVING A VALID LAW ENFORCEMENT REQUEST & CONTACT INFORMATION

 

Email Address for Law Enforcement Questions and to Send Legal Process:

legal@plaetos.com

Mailing Address for Law Enforcement Requests:

Plaetos Group Pty Ltd
Attn: Legal Counsel
PO Box 4140
Fitzroy, Vic, 3065
Australia

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While we agree to accept service of law enforcement requests by these methods, neither Plaetos nor our customers waive any legal rights based on this accommodation.

Each request must include contact information for the authorized law enforcement agency official submitting the request, including:

• Requesting agency name

• Requesting agent name and badge/identification number

• Requesting agent employer-issued email address

• Requesting agent phone contact, including any extension

• Requesting agent mailing address (P.O. Box will not be accepted)

• Requested response date (see details below for emergency requests)

Please note that requests seeking testimony must be personally served on our registered agent for service of process. We do not accept such requests in person or via email.

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AVAILABLE PLAETOS CUSTOMER INFORMATION

 

Plaetos offers a variety of software tools on its platform that contain Customer Information. In addition, Plaetos maintains certain Customer Information in internal systems as a matter of regular business processes. Plaetos will review and respond to requests for Customer Information pursuant to a valid, enforceable government request, court order and/or warrant, depending on the type of information requested.

The categories of Customer Information that may be available for law enforcement requests seeking basic customer account information, include, for example: email address, name, phone number, billing contact information (in connection with paid accounts). Additional information regarding IP addresses, transactional records and other customer records may be available.

The categories of Customer Information that may be available to law enforcement requestors depends on which Plaetos product is used by the customer about whom law enforcement seeks information. We encourage law enforcement officials making a request for Plaetos Customer Information to review our product descriptions before preparing legal process and submitting your request, order or warrant.

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LAW ENFORCEMENT PRESERVATION REQUESTS

 

Plaetos will preserve Customer Information for 90 days upon receipt of a valid law enforcement request. Plaetos will preserve information for an additional 90-day period upon receipt of a valid request to extend the preservation. If Plaetos does not receive formal legal process for the preserved information before the end of the preservation period, the preserved information may be deleted when the preservation period expires.

Preservation requests must be sent on official law enforcement letterhead, signed by a law enforcement official, and must include:

• The relevant account information identified below for the customer whose information is requested to be preserved;

• A valid return email address; and

• A statement that steps are being taken to obtain a court order or other legal process for the data sought to be preserved.

​Preservation requests may be sent to the contact information (mailing address or email account) provided, above.

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HOW TO REQUEST PLAETOS CUSTOMER INFORMATION

 

When requesting Customer Information, law enforcement requestors should provide as much of the following information as is available. Providing the following identifying information will facilitate Plaetos' ability to respond in an effective and timely manner:

• Username, email address, URL

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EMERGENCY REQUESTS

 

Plaetos evaluates emergency requests on a case-by-case basis. If you provide information that gives us a good faith belief that there is an emergency involving imminent danger of death or serious physical injury to any person, we may provide information necessary to prevent that harm if we are in a position to do so, consistent with applicable law.

Emergency requests may be submitted via email to legal@plaetos.com with the subject line: “Emergency Disclosure Request”. 

 

THIRD PARTY CODE IN PLAETOS PRODUCTS

 

Effective starting: May 1st, 2020

 

This is a supplement to the Plaetos Terms of Service (the “Agreement”) and is included in the Agreement. Any capitalized terms used but not defined below have the meanings in the Agreement. The Products (“Products”) contain code and libraries that we license from third parties. Some of these licenses require us to flow certain terms down to you.

 

1. Open Source Software in the Products

 

The Products include components subject to the terms and conditions of “open source” software licenses. To the extent applicable, we will identify open source software included in a Product in or through the Product itself. Some of these licenses require us to provide the open source software to you on the terms of the open source license instead of the terms of the Agreement. In that case, the terms of the open source license will apply, and you will have the rights granted in such licenses to the open source software itself, such as access to source code, right to make modifications, and right to reverse engineer. Notwithstanding the foregoing, if you are using the Products in the form provided to you, in accordance with your permitted scope of use, with no distribution of software to third parties, then none of these open source licenses impose any obligations on you beyond what is stated in the Agreement.

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2. Combining the Products with Open Source Software

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A requirement of some open source licenses, sometimes known as “copyleft licenses,” is that any modifications to the open source software, or combinations of the open source software with other software (such as by linking), must be made available in source code form under the terms of the copyleft license. Examples of copyleft licenses include the GPL or LGPL, Affero, CPL, CDDL, Eclipse or Mozilla licenses. To the extent you are separately authorized by Plaetos to combine and distribute Products with any other code, you must make sure that your use does not: (i) impose, or give the appearance of imposing, any condition or obligation on us with respect to our Products (including, without limitation, any obligation to distribute our Products under an open source license); or (ii) grant, or appear to grant, to any third party any rights to or immunities under our intellectual property or proprietary rights in our Products. To be clear, you may not combine or otherwise modify our Products unless we expressly give you the right to do so under the Agreement.

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3. Commercial Third-Party Code in the Products

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3.1 The Products also include components that we license commercially from third parties (“Commercial Components”). For the avoidance of doubt, all of the restrictions for the Products in the Agreement also apply to Commercial Components. Commercial Components are also subject to some additional requirements as set forth below.

3.2 You may use Commercial Components only in conjunction with, as part of, and through the Products as provided by Plaetos. You may not install, access, configure or use any Commercial Components (including any APIs, tools, databases or other aspects any Commercial Components) separately or independently of the rest of the Product, whether for production, technical support or any other purposes, or otherwise attempt to gain direct access to any portions of the Commercial Components, or permit anyone else (including your customers) to do any of these things.

3.3 You understand that the applicable Commercial Component Licensor retains all ownership and intellectual property rights to the Commercial Component. Commercial Component Licensors (and any other third-party licensors of any components of the Products) are intended third party beneficiaries of the Agreement with respect to the items they license and may enforce the Agreement directly against you. However, to be clear, Commercial Component Licensors do not assume any of Plaetos' obligations under the Agreement.  To the maximum extent permitted by applicable law, no Commercial Component Licensor(s) will be liable to you for any damages whatsoever.

 

REPORTING COPYRIGHT AND TRADEMARK VIOLATIONS

 

Effective starting: May 1st, 2020

 

Plaetos Group respects the rights of copyright and trademark holders, as described in this policy. This policy is incorporated by reference into the Plaetos Terms of Service (the “Agreement”). Terms used in this policy shall have the same definitions as in the Agreement or our Acceptable Use Policy, as applicable, except where otherwise noted.

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COPYRIGHT

 

Plaetos does not allow copyright infringing activities on Plaetos Products or websites (our “Services”). We will remove a party’s data or content from our Services if properly notified that such data or content infringes on another's copyright rights. Plaetos has a policy of terminating, in appropriate circumstances, the accounts of parties who repeatedly infringe copyright holders’ copyrights. You are a “repeat infringer” if, on more than two occasions, you have been notified of infringing activity or have had Your Data or content removed from our Services. Plaetos also reserves the right to terminate Your accounts suspected of infringing copyrights upon the first incident without further notice, at our sole discretion.

If you believe that any content in our Services violates your copyright, you should notify Plaetos' legal counsel in writing pursuant to the Copyright Act 1998 (Cth).

In order for Plaetos to take action, you must do the following in your notice:

(1) provide your physical or electronic signature;

(2) identify the copyrighted work that you believe is being infringed, or, if multiple copyrighted works are covered by the notice, a representative list of such works;

(3) identify the item that you think is infringing and which is to be removed or access to which is to be disabled, and include sufficient information about where the material is located (including which website) so that Plaetos can find it (such as the item’s URL);

(4) provide Plaetos with a way to contact you (such as address, telephone number, or email);

(5) provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by Plaetos; and

(6) provide a statement that the information you provide in your notice is

• accurate, and that

• under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner whose work is allegedly being infringed.

We will promptly notify the alleged infringer that you have claimed ownership of the rights in this content and that we have complied with your takedown notice for the content.

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TRADEMARK

 

Trademark owners should make an effort to directly contact an offending third party before submitting a trademark infringement report to Plaetos.

If you are a trademark owner and you believe in good faith that any content on our Services or infringes on your trademark rights, please inform us in writing legal@plaetos.com or at the notice address for Plaetos Group at the bottom of this page. Your notice must include:

(1) Identification of the trademark(s) claimed to have been infringed, and, if registered with IP Australia or similar foreign entity, the registration number of the mark(s);

(2) Identification of the material claimed to be infringing and information sufficient to permit Plaetos to locate the material, such as the specific URL where the trademark appears on the Services;

(3) A statement that the complaining party has a good faith belief that use of the trademark in the manner complained of is an infringement of the rights granted under Australian or foreign trademark law;

(4) A statement that the information in the letter is:

• accurate, and

• under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the allegedly infringed trademark; and

(5) A physical or electronic signature of a person authorized to act on behalf of the owner of the trademark that is allegedly infringed.

Once you submit the report to Plaetos, our team will begin a brief investigation and will take action that it deems appropriate under the circumstances.  If more information is needed from you, we will reach out via e-mail.

Plaetos reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames. Accounts using business names or logos to mislead others may be permanently suspended.

But please note that Plaetos is not in a position to adjudicate complicated trademark disputes between third parties.  Therefore, we are not in a position to act on reports that require a complex legal analysis or factual investigation.  In those instances, we encourage you to contact the third party directly to try and resolve the matter.  In fact, you should consider doing so even before filing a report with us, as it is often more effective in resolving the dispute.

If we decide to take down content in response your report, please note that we will provide your report and contact information to the affected party, who may contact you directly regarding the matter.

Here is the contact information for Plaetos' legal counsel for copyright and trademark infringement matters:

Plaetos Group Pty Ltd
Attn: Legal Counsel
PO Box 4140
Fitzroy, Vic, 3065
Australia

legal@plaetos.com

 

Effective Starting: May 1st, 2020

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COOKIES AND OTHER TRACKING TECHNOLOGIES

 

Plaetos and our third-party partners, such as our advertising and analytics partners, use various technologies to collect information, such as cookies and web beacons.

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WHAT TYPES OF TECHNOLOGIES DO WE USE?

 

We use cookies, web beacons and other technologies to improve and customize our products and websites (“the Services”) and your experience; to allow you to access and use the Services without re-entering your username or password; to understand usage of our Services and the interests of our customers; to determine whether an email has been opened and acted upon; and to present you with advertising relevant to your interests.

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HOW DO WE USE THEM?

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• Where strictly necessary.  These cookies and other technologies are essential in order to enable the Services to provide the feature you have requested, such as remembering you have logged in.

• For functionality.  These cookies and similar technologies remember choices you make such as language or search parameters. We use these cookies to provide you with an experience more appropriate with your selections and to make your use of the Services more tailored.

• For performance and analytics.  These cookies and similar technologies collect information on how users interact with the Services and enable us to improve how the Services operate. For example, we use Google Analytics cookies to help us understand how visitors arrive at and browse our website to identify areas for improvement such as navigation, user experience, and marketing campaigns. 

• Targeting Cookies or Advertising Cookies.  These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertising technology service providers and advertisers.

• Social media cookies. These cookies are used when you share information using a social media sharing button or “like” button on our websites or you link your account or engage with our content on or through a social media site. The social network will record that you have done this. This information may be linked to targeting/advertising activities.

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HOW CAN YOU OPT-OUT?

 

To opt-out of our use of cookies, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of our Services. Plaetos and our third-party partners also collect information using web beacons (also known as "tracking pixels").

Many browsers include their own management tools for removing HTML5 local storage objects. You may be able to opt out of receiving personalized advertisements as described in our Privacy Policy under “Your Choices.”

You will not be able to opt-out of any cookies or other technologies that are “strictly necessary” for the Services.

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UPDATES TO THIS NOTICE 

 

This Cookies & Tracking Notice may be updated from time to time.  If we make any changes, we will notify you by revising the “effective starting” date at the top of this notice.