Customer Licence Agreement


1. Getting Started

1.1 This Agreement: Thank you for choosing WiseTime’s proprietary Software to assist with your practice management strategy. Access to and use of the Software ordered by you and our Services (where applicable) with respect to the Software are governed by this Customer Licence Agreement (agreement). In this agreement, we or us means Practice Insight Pty Ltd (ABN 53 144 468 806) trading as WiseTime. Unless the context otherwise requires, capitalised terms have the meaning defined in clause 11 of this agreement.

1.2 Acceptance: You acknowledge and agree that you have acquired a licence to access and use the Software subject to the terms and conditions of this agreement. Each User accessing the Software is deemed to accept the terms and conditions of this agreement (for and on behalf of you) as follows:

  1. with respect to use of the Software as an app on a smartphone or other mobile devices, by each User clicking the “I ACCEPT” button; or
  2. subject to clause 1.2(a), when we accept your order for the Software (the details of which may be set out in a proposal or an order form in a format reasonably required by us).

If you do not agree to all the terms and conditions of this agreement, please do not access and use the Software. For the avoidance of doubt no terms or conditions of yours, including any terms or conditions printed on or referred to in your offer to purchase or order form provided by you will be binding on us or have any legal effect unless expressly agreed to in writing by us.

1.3 Liaison Officer: You will need to appoint a liaison officer (Liaison Officer) as the primary contact for all matters in relation to the Software, our Services (where applicable) and all related matters. The Liaison Officer must have appropriate skills, experience and authority to enable him or her to satisfy his or her responsibilities under this agreement and be available for consultation with us at all reasonable times during Business Hours. You will promptly notify us if your Liaison Officer is being replaced.

1.4 System Requirements: You must ensure that all equipment, software and the computing environment used to access the Software comply with the System Requirements. You will be solely responsible for all computer functionality, operating system and network services in relation to your equipment.


2. Access to the Software

2.1 Licence: Upon our acceptance of your order for the Software (the details of which may be set out in an order form in a format reasonably required by us) and provided you are complying with your obligations under this agreement and have paid all Fees, we grant to you from the Commencement Date a limited, non-exclusive, non-transferable licence to access and use the Software, the data and contents made available by the Software and any Reports solely for your internal business purposes for the Term.

2.2 No. of Users: For the Wisetime Software, the licence granted under clause 2.1 is limited to access and use of the Software by the number of Users as specified in your order and agreed by us (as applicable). The number of Users may not be reduced but you may authorise different Users to access and use the Software from time to time when you are licensed to use the Software under this agreement.

2.3 Source Code: The Software is either web-based or may be made available as an app on a smartphone or other mobile devices. You acknowledge that none of its source code will be made available to you.

2.4 Hosting: Subject to the terms of this agreement, we or our contractor will host the Software and make it available for access at the Software Web Address, as applicable. We will use our best efforts to provide you with access to the Software with a service availability of 95% uptime. -You should be aware and agree that access to and use of the Software may be temporarily suspended for scheduled or urgent server maintenance work. We will endeavour to give you at least 2 days’ notice for any scheduled maintenance sessions and where practicable notify you in relation to any urgent maintenance services. We will use reasonable endeavours to conduct the maintenance services outside Business Hours.

2.5 Client Data: You may, where applicable, enter Client Data into the Software. Your are solely responsible for the accuracy and completeness of all Client Data and all Reports you create using the Client Data. You are responsible for the backup of all Client Data and Reports. We take no responsibility for loss of Client Data and Reports relating to or arising from the use of the Software.

2.6 User Name and Password: To access the Software, you will need a unique user name and password. We will issue you one username and one password for the Software for each User. With respect to the WiseTime Software, at your request, we will issue to your Liaison Officer a username and password which will enable your Liaison Officer to assign additional user names and passwords to other Users authorised to use the WiseTime Software. Please ensure the user names and the passwords are kept safely. You are entirely responsible for any misuse or abuse of any user names, passwords or other log in details by any person.

2.7 Internal Supervision: You must supervise and control the use of the Software in accordance with this agreement and ensure all Users are made aware of and comply with the agreement. You must immediately notify us in writing of any actual or suspected unauthorised use or disclosure of any user names, passwords or other log in details in relation to the Software.

2.8 Restrictions on Use: You must not and you must ensure all Users gaining access to the Software do not, (even after the termination or expiry of this agreement):

  1. acquire, download, reproduce, or install the Software, in whole or in part, on any computer equipment or device other than in the course of use permitted under this agreement;
  2. use any process, software or tool to copy, extract, crawl or scrape the data and contents made available by the Software, or otherwise download or copy such data and contents in a manner that is excessive to the ordinary use by your business;
  3. sell, lease, license, sub-license, rent, loan, timeshare, encumber, distribute or otherwise transfer the Software or the data and contents made available by the Software, in whole or in part, to any other person;
  4. unless expressly agreed by us, use the Software or the data and contents made available by the Software, in whole or in part, to provide outsourcing or computer bureau services, or in any application or for any purpose requiring continuous or fail-safe operation for the avoidance of personal injury, death or illness of any person;
  5. decompile, disassemble, reverse engineer, attempt to derive the source code for, modify, adapt, translate or copy the Software, in whole or in part;
  6. provide, disclose, divulge, make available to, or permit use of the Software or the data and contents made available by the Software, in whole or in part, by any unauthorised third party;
  7. develop any software or create derivative works based upon the Software, the data and contents made available by the Software or our Confidential Information;
  8. disclose any file (other than Reports) or any part of the Software to any person who is not a User, or allow them to be used for any purpose;
  9. to the extent any username or password is issued for access to the Software, disclose any such user name or password to any person who is not a User, or allow them to be used for any purpose;
  10. remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure forming part of the Software; or
  11. alter, remove, obliterate, or obscure from view any copyright, trademark or confidentiality notice or legend appearing on or within the Software.

2.9 Updates: We may, at our discretion, release Updates for the Software from time to time at no additional charge. Use and access to all Updates are subject to this agreement.


3. Services

3.1 Support Services: We will provide you with the Support Services for the relevant Software. Such Support Services are included in the Licence Fee. Any services performed by us outside of the scope of the Support Services will be charged in accordance with our Additional Services Rates.

3.2 Additional Services: We may provide Additional Services as agreed between you and us at the Additional Services Rates from time to time. All performance of Additional Services, including delivery of outcomes and ownership of and rights to Intellectual Property with respect to the Additional Services are subject to this agreement, unless agreed between you and us in writing.

3.3 Requests for Services: All requests for Services must be made to us by your Liaison Officer. Services will be delivered to your Liaison Officer or other agreed persons.

3.4 Performance: All Services will be performed by us in accordance with this agreement and to a standard of care and diligence in accordance with accepted industry practice and all applicable laws and regulations. We may subcontract the supply (in whole or in part) of our Services.

3.5 Services Exclusions: Our obligations to perform our Services (unless agreed by us with respect to the performance of Additional Services) and other obligations under this agreement do not include the correction of errors, defects or problems caused by:

  1. your fault or negligence or the fault or negligence of any person acting on your behalf;
  2. improper or unauthorised use of the Software;
  3. any modifications or alterations of the Software other than by us;
  4. causes external to the Software such as, but not limited to, power failure, electric power surges or a Force Majeure event;
  5. your failure to comply with any reasonable guidelines, instructions, documentation or training provided by us;
  6. any fault, defect, omission or error in any data, software or equipment not supplied by us (including your equipment);
  7. any failure arising out of any network (including the internet) or communications; or
  8. use of the Software with any software or equipment not approved or recommended by us, or in a manner or for a purpose in breach of this agreement or not reasonably contemplated by this agreement.

3.6 Supply of Services to Third Parties: Except for our confidentiality obligations outlined in clause 7.2, nothing in this agreement restricts our right to provide access to any of the Software, consultancy, design, research and development or other services to any other persons.


4. Assumptions and Limitations

4.1 Acknowledgments on Assumptions: The Software, our Services, all Reports and other outputs generated by the Software or our Services are subject to some important assumptions and qualifications, as set out in this clause 4.

4.2 Wisetime: For the Wisetime Software, you acknowledge and agree that any Reports and outputs generated by the Software and related Services are:

  1. only intended to capture and provide summary information on time expenditure by the relevant User and must not be used as the sole or primary basis for making financial, resourcing or other business decisions;
  2. subject to the algorithm of the Software with respect to aggregating or rounding up a short span of time. For example, time entries of less than 30 seconds may be considered part of larger time entries for time accounting purposes;
  3. subject to the manual data input of the User which will override the time entry captured automatically by the Software. The data (whether manually input by User or automatically captured by the Software) has not been separately confirmed or verified by us; and
  4. where applicable, subject to the User providing consent for viewing by you.

4.3 No liability: To the extent permitted by law, we expressly exclude all liability (however arising and whether direct or indirect) to the extent it arises out of or in connection with the matters specified in this clause 4, including your use for such purposes or your reliance on such estimates or results.


5. Fees

5.1 Fees: We will invoice you for the Fees as follows:

  1. when you access and use a Software on a per use basis, the Licence Fee will be invoiced and payment collected at the time of order;
  2. when you purchase an annual or monthly subscription to access and use the Software, the annual or monthly Licence Fee will be invoiced on the Commencement Date and upon each annual or calendar month anniversary during the Term;
  3. the amount of Licence Fee with respect to a Software will depend on the number of Users for Wisetime; and
  4. our charges for any Additional Services will be invoiced monthly or, where agreed separately with you in writing, at the time of our agreement to provide the Additional Services, in the manner and at the time agreed.

5.2 Payments: Other than with respect to clause 5.1(a) and unless otherwise agreed by us, you agree to pay the full invoiced amount within 14 days of the date of the relevant invoice. All payments must be made in Australian currency using bank draft made payable to Practice Insight Pty Ltd, trading as WiseTime, or direct deposit into our nominated bank account, or in such other currency or by such other payment method as indicated on the relevant invoice. We reserve the right to charge interest on any overdue payments or suspend access to the Software and the provision of our Services until all outstanding amounts are paid. Where applicable, we charge a small foreign exchange rate on top of the daily exchange rate when calculating fees in other currencies to the Australian currency.

5.3 Review: We may at our discretion increase the Fees but not during the initial twelve (12) months of the Term (unless otherwise agreed) and thereafter not more than once every twelve (12) months. If you do not agree to the increase in Fees, you may terminate this agreement by written notice.

5.4 Goods and Services Tax: All Fees are not refundable and are exclusive of any applicable GST or value added taxes or any other levies or charges that may be imposed by an authority of your jurisdiction (Taxes). Upon our request, you must pay or reimburse to us any amounts payable on account of Taxes levied upon or arising out of the supply of the Software or any Services by us to you.


6. Intellectual Property

6.1 Background Intellectual Property: You acknowledge that (as between you and us) all Intellectual Property in and to the Software, the data and contents made available by the Software (other than Client Data and subject to clause 6.3, the Reports) and all trade marks (registered and unregistered) used, acquired or developed by us in connection with the Software or Services (collectively, Background Intellectual Property) belong to us. Apart from the permitted use under this agreement, you acquire no right, title or interest in or to any of above by virtue of this agreement.

6.2 Client Data: As between you and us, you will retain all rights with respect to the Client Data and will be responsible for obtaining all necessary permissions, authorisations, licences and consents in relation to the provision to and use of all Client Data. You grant to us a non-exclusive, royalty-free licence (including the right to sub-license) to use, copy, modify and reproduce the Client Data for the purpose of performing this agreement. You agree that we may use the Client Data outside the scope of this agreement, provided that the Client Data is in a de-identified form.

6.3 Reports: If any Report is generated as a result of the use of the Software, the Report and all copyright in the Report, other than copyright that forms part of our Background Intellectual Property, will, subject to payment of the Licence Fee for the relevant Software by you under this agreement, become your property upon delivery. To the extent that any of our Background Intellectual Property is incorporated in the Report, you are granted the right to use such Background Intellectual Property in conjunction with the Report for your own business purposes or for such other purpose as is expressly agreed in writing by us.

6.4 Developed Intellectual Property: Subject to clauses 6.2 and 6.3, all other Intellectual Property created, conceived, developed or reduced to practice in the course of the performance of our Services (including any Additional Services) vests in and is assigned to us with effect from its creation.

6.5 No Challenge: To the extent permitted by law, you agree not to take any action, and not to assist any person to take any action that may jeopardise, limit, challenge or interfere with our ownership of or rights with respect to the Software or our Intellectual Property pursuant to the “Background Intellectual Property” or “Developed Intellectual Property” provisions under this clause 6.

6.6 Infringement: You agree to notify us immediately if you receive any claim that the use of Software infringes the rights of a third party. Without limiting any other provision of this agreement, if the Software infringes the Intellectual Property rights of any third party, we may at our discretion, modify or re-work the Software so that such infringement is removed; procure the right for you to continue enjoying the benefit of the Software in accordance with this agreement; or terminate this agreement upon immediate written notice to you (where we do so, this will be our sole liability to you to the extent permitted by law).


7. Privacy, Confidentiality and Use of Name

7.1 Privacy: You agree that we will collect, use, handle and disclose any personal information you provide or disclose to us in accordance with our Privacy Policy.

7.2 Confidentiality: Each of you and us must, in relation to the other party’s Confidential Information:

    1. keep the Confidential Information in strict confidence and not provide, disclose, divulge or make available to or permit use of any part of such Confidential Information by any other person (unless legally compelled to do so by any judicial or administrative body);
    2. only permit access to the Confidential Information to those employees who must have such information for the performance for their duties and ensure such employees comply with the confidentiality requirements set out in this agreement;
    3. use the Confidential Information only for the purpose set out in this agreement; and
    4. at the other party’s option, immediately cease use of, deliver to the other party or destroy all documents and other materials in any medium in its possession or under its control which contain or refer to any Confidential Information on the earlier of demand by the other party, expiry or termination of this agreement for any reason.

7.3 EU Customers: For EU-Customers the Data Processing Agreement pursuant to Art. 28 of GDPR, and the Standard Contractural Clauses do apply.


8. Limitation of Liability

8.1 Prescribed Terms: Nothing in this agreement excludes, restricts or modifies the application of any legislation which by law cannot be excluded, restricted or modified. Without limiting the foregoing, where you are considered a “consumer” within the meaning of the Australian Consumer Law (ACL) we give the guarantees to the extent required by the ACL (Consumer Guarantees) with respect to the Software and our Services.

8.2 No Warranty: Subject to clause 8.1 and to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied or imposed in this agreement in connection with the Software, our Services or otherwise relating to the performance of our obligations under this agreement, or any other goods or services supplied or to be supplied by us under this agreement, are excluded (including any warranty with regard to merchantability, durability, fitness for purpose, or non-infringement of third party rights). Without limiting the foregoing, we will have no obligation to make corrections, repairs or replacements for any goods or services supplied under this agreement where any error, failure or defect, results in whole or in part, from causes specified in our Services Exclusions under clause 3.5.

8.3 Exclusions: To the extent permitted by law, we do not warrant that the Software will be error free or that their access or use will be uninterrupted, will operate in combination with other software or any particular equipment or system, or will provide any function (other than as communicated by us to you in writing from time to time).

8.4 Limitation of Liability: Without limiting the generality of this clause 8:

  1. we will not be liable to you for any special, indirect or consequential loss or damage, any loss of profit or business opportunity, any business interruption or loss of business information arising out of or relating to this agreement, including claims arising out of the use, not being able to use or any delay in using the Software or Services, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise;
  2. to the extent permitted by law, our liability for any claim arising from a breach of any term or condition implied or imposed by statute which cannot by law be excluded is limited, at our option, to the repair or replacement of the goods, the cost of repairing or replacing the goods, the re-supply of those services or the payment of the cost of re-supplying those services; and
  3. our aggregate liability under or in relation to this agreement however arising, including under contract, tort (including negligence), under statute or otherwise, arising out of any act, omission or event or connected series of acts, omissions or events will not exceed the amount of Fees paid by you to us in the 12 months prior to us being notified of such act, omission or event, and for all acts, omissions and events whenever occurring will not exceed in aggregate the total amount of Fees paid by you to us under this agreement.

8.5 Indemnity: You indemnify and hold us and our respective officers, directors, employees and agents harmless for any loss, claim, damage, liability, action, settlement award, judgment, expense (including reasonable legal fees and costs and any other legal or other expenses incurred by any of them in investigating or defending any actions or threatened actions) of whatsoever kind or nature and howsoever arising that we might suffer as a result of a breach of this agreement or any unauthorised use of the Software by you.


9. Termination

9.1 Term: This agreement commences on the Commencement Date and continues until:

  1. where you order to access and use a Software on a per use basis, all relevant Reports have been provided to you; or
  2. where you purchase an annual or monthly subscription to access and use the Software, subject to clause 9.2, the expiry of twelve (12) months or the relevant calendar month (as applicable) from the Commencement Date,

unless it is terminated in accordance with its terms.

9.2 Renewal: Other than with respect to clause 9.1(a), this agreement is automatically renewed for subsequent terms of twelve (12) months or, where applicable, each calendar month upon the expiry of the initial term or a subsequent term, unless a party provides at least three (3) months’ written notice for an annual licence or 30 days’ written notice for a monthly licence prior to the expiry of the then current term.

9.3 Non-Payment: We reserve the right immediately to terminate the licence granted to you under clause 2.1, or suspend your use of the Software, by notice to you effective on receipt, if you fail to remit a payment of Licence Fees when due.

9.4 Termination for Breach: This agreement may be terminated by a party by immediate written notice if the other party is in breach (other than a trivial breach causing no material harm); and where the breach is capable of remedy, the party in breach fails to remedy the breach within 30 days of written notice from the other party.

9.5 Termination for Insolvency: We may terminate this agreement by immediate written notice to you if you are unable to pay your debts as they fall due, if you appoint an administrator, make or commence negotiations with a view to making, a general re-scheduling of your indebtedness, a general assignment, scheme of arrangement or composition with your creditors, or seek or are granted protection from your creditors, under any applicable legislation.

9.6 Consequences of Termination: On termination or expiry of this agreement for any reason, all licences granted under this agreement terminate and all Fees and other payments paid to us remain our property. You further agree to pay to us the following within 10 Business Days:

  1. all Fees accrued or due but unpaid including any Fees accrued for any use that exceeded your use and access of the Software as per the number of Users or your Usage Capacity as per your Licence Package; and
  2. any costs which have been incurred or for which we are committed in relation to this agreement,

up to and as at the date of termination or expiry.

9.7 Surviving clauses: Clauses 2.11 (Restrictions on Use), 4 (Assumptions and Limitations), 6 (Intellectual Property), 7 (Privacy, Confidentiality, and Use of Name), 8 (Limitation of Liability) and 9.6 (Consequences of Termination) survive termination or expiry of this agreement for any reason.


10. General

10.1 Entire Agreement: This agreement constitutes the entire agreement between you and us with respect to this subject matter and supersedes and replaces all prior agreements and understandings between you and us relating to that subject matter. No part of this agreement is to be construed to the disadvantage of a party because that party was responsible for its preparation.

10.2 Amendment: This agreement may only be modified by written agreement signed by both parties.

10.3 Assignment: You may not assign or transfer your rights or obligations under this agreement unless with our prior written consent (which may be granted or withheld at our sole discretion).

10.4 Contractors: The relationship of the parties under this agreement is one of independent contractors and not of employment, partnership, joint venture, trustee and beneficiary, or principal and agent.

10.5 Notices: All notices under this agreement must be in writing and sent by post at WiseTime GmbH, Steinerstraße 15A, 81369 München, Germany or email at contact@wisetime.com.

10.6 Severance: If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision which shall be deemed deleted.

10.7 No Waiver: Any delay or failure by us in enforcing our rights under this agreement is not to be construed as a waiver of those rights.

10.8 Assurance: Within a reasonable time of request by a party, the other party must, at its own expense, do all things (including executing documents) reasonably necessary to give full effect to this agreement.

10.9 Force Majeure: If the performance of this agreement or any obligations under this agreement (except for the making of required payments) is prevented, restricted, or interfered with by reason of Force Majeure, the affected party, upon giving prompt notice to the other party, is excused from such performance to the extent of such prevention, restriction, or interference. The affected party must use its best efforts to avoid or remove the Force Majeure or to limit the impact of the event on its performance and must continue performance with the utmost dispatch when the Force Majeure is removed.

10.10 Governing Law: This agreement is governed by the laws of New South Wales and, the parties submit to the non-exclusive jurisdiction of the courts of New South Wales. Service of any legal process may be effected on a party by forwarding that legal process as if it were a notice given under this agreement.


11. Interpretation

11.1 Dictionary: In this agreement, unless the context otherwise requires, capitalised or highlighted terms have the following meanings:

Additional Services means services other than the Support Services and may include any services carried out by us at your request which is determined to have resulted, in whole or in part, from a cause set out in our Services Exclusions set out in clause 3.5 and any other services agreed between you and us to be provided under this agreement.

Additional Services Rates means the then-current additional services rates notified by us to you from time to time.

Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales, Australia, or in the place where a party principally carries out its business, as applicable.

Business Hours mean 9:00am to 5:00pm on Business Days.

Client Data means all content, data and information provided by you and entered into the Software licensed under this agreement.

Commencement Date means the date on which your access to the Software is enabled.

Confidential Information means all know-how, technical and financial information, and any other commercially valuable or sensitive information in whatever form, including inventions (whether or not reduced to practice), trade secrets, methodologies, algorithms, formulae, graphs, drawings, samples, devices, models and any other materials or information of whatever description, which a party regards as confidential, proprietary or of a commercially sensitive nature. For the avoidance of doubt, our Confidential Information includes the terms of this agreement, the terms of any proposals submitted to you in relation to the provision of the Software and the Services and all information in or relating to the Software.

The following are exceptions to such information:

  1. information which is lawfully in the public domain prior to its disclosure to the recipient party by the other party;
  2. information which enters the public domain other than as a result of an unauthorised disclosure;
  3. information which is or becomes lawfully available to the recipient party from a third party who has the lawful power to disclose such information to the recipient party on a non-confidential basis (as shown by contemporaneous written records); and
  4. information which is rightfully known by the recipient party (as shown by contemporaneous written record) prior to the date of disclosure.

Fees means any fees payable by you under this agreement, which includes the Licence Fee and any fees for the Additional Services.

Force Majeure means an act of God, fire, lightning, explosions, flood, subsidence, terrorist act, insurrection or civil disorder or military operations, communications infrastructure failure, government or quasi-government restraint, expropriation, prohibition, intervention, direction or embargo, inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences or authorities, strikes, lock-outs or other industrial disputes of any kind and, any other cause whether similar or not to the foregoing, outside of the affected party’s control.

GST means GST as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.

Intellectual Property means statutory and other proprietary rights in respect of copyright and neighbouring rights, future copyright, all rights in relation to inventions, patents, plant varieties, registered and unregistered trademarks, registered and unregistered designs, circuit layouts and rights to require information be kept confidential, but does not include moral rights that are not transferable.

Licence Fees means, with respect to the relevant Software, the fees payable for accessing and using the Software for the Term.

Privacy Policy means our Privacy Policy, available at https://wisetime.com/terms/#wisetime-privacy-policy, as amended from time to time.

Report means any output or report generated through use of the Software.

Services means the Support Services and the Additional Services, or any of them.

Software means the relevant software or applications, whether web based or otherwise, licensed to you under this agreement, as applicable, including WiseTime and including any Updates or documentation for such Software made available to you by us under this agreement.

Software Web Address means, with respect to each Software below, the following web address and as amended and notified by us to you from time to time for WiseTime, https://wisetime.com/.
Support Services means, unless otherwise agreed between you and us, support services provided in the form of a “help desk” with a contact point to be reached by email in relation to the Software during Business Hours during the term of the relevant licence to the Software.

System Requirements means the minimum requirements for computers, handheld devices, software, bandwidth and integrations for accessing the Software specified by us from time to time.

Term means the term of this agreement commencing on the Commencement Date and expiring or terminated in accordance with clause 9.

Updates means any modifications, enhancements, improvements, or revisions to the Software, including updates to improve their performance or correct errors, to comply with changes to industry guidelines or technological enhancements, but does not include new versions of the Software which have altered functional characteristics.

User means each person, including employees, consultants and agents, who is permitted to access or use the Software by you and accesses or uses the Software under the authority or control of you.

WiseTime means an activity and time capturing software.

11.2 Interpretation Principles: In this agreement, unless the contrary intention appears:

  1. the singular includes the plural and vice versa;
  2. a person includes a corporation, unincorporated association, partnership, joint venture or public, statutory or governmental association or agency;
  3. a statute or regulation includes an amendment, replacement or re-enactment of that statute or regulation;
  4. ‘including’ and similar words are not words of limitation;
  5. a reference to currency is to Australian currency; and
  6. headings are for convenience only and do not form part of this agreement or affect its interpretation.

Customer Licence Agreement ends here


WiseTime Privacy Policy


1. Contents

This Privacy Policy contains the following sections:

  1. Contents
  2. Overview
  3. What Personal Information do we collect and hold?
  4. How do we collect your Personal Information?
  5. How do we use your Personal Information?
  6. Who do we share your Personal Information with?
  7. Keeping your Personal Information safe
  8. Accessing, updating and correcting your Personal Information
  9. How do you make a privacy complaint?
  10. Contact details
  11. Appendix 1 – European Union General Data Protection Regulation

2. Overview

a) The IPH Group

IPH Limited (ABN 49 169 015 838) is the holding company for a number of intellectual property professional services firms operating under different brands (each an “IPH Service Firm”) and certain adjacent businesses. Certain IPH Service Firms also offer their services in some countries in collaboration with and with assistance by allied professional services firms with which they have exclusive contractual arrangements (each an “Alliance Firm”). The entities comprising the IPH Service Firms, Alliance Firms and the IPH adjacent businesses are in this Policy referred to together as members of the “IPH Group”.

Practice Insight Pty Ltd, trading as Wise Time (“WiseTime”), and its related bodies corporate (as those terms are defined in the Corporations Act 2001 (Cth)) are members of the IPH Group.

This Privacy Policy applies to WiseTime, its related bodies corporate and all IPH Group members (collectively “we”, “us” or “our”).

This Privacy Policy explains how we collect, use, manage and disclose Personal Information, and how you can contact us if you have queries about our management of your Personal Information. If you are the end-user of our proprietary software WiseTime (“WiseTime Software”), please see section 3 of this Privacy Policy, which will be particularly relevant to you.

The Privacy Policy applies to all Personal Information submitted to or collected by us. By engaging us to provide professional services or submitting Personal Information to us, you accept the terms of this Privacy Policy, and consent to our use, collection, disclosure and retention of Personal Information as described in this Privacy Policy. If you do not agree to any provisions in this Privacy Policy, you should not disclose any Personal Information to us.

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes to this Privacy Policy will be published by posting an updated Privacy Policy on our website and are effective upon posting. Your continued use of our website, provision of instructions or information or receipt of our information or services, will signify your consent to be bound by this Privacy Policy.

You are welcome to print or download this Privacy Policy at any time. If you would like a hard copy of this Privacy Policy, or if you would like us to email or mail you a copy of this Privacy Policy, you can contact us and request a copy.

b) Compliance with legal obligations

We respect the privacy of all individuals who provide Personal Information to us. We operate in multiple jurisdictions, currently including Australia, New Zealand, Singapore, Germany, Malaysia, Indonesia, Thailand, Hong Kong and China. The IPH Group members operating in those jurisdictions are bound by the respective privacy and personal data protection legislation in those jurisdictions.

For such IPH Group members, where a requirement of any applicable legislation in the relevant country is inconsistent with this Privacy Policy, that legislative requirement will apply.

Any IPH Group member operating in a country is bound to comply with applicable privacy legislation in that country. In Australia, this includes the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles set out in that Act; and in New Zealand, the New Zealand Privacy Act 2020 (NZ) and the information privacy principles set out in that Act. There are several references to these acts throughout this Privacy Policy.

To the extent any EU Personal Data (defined in Appendix 1) is collected, received, managed or processed by an IPH Group member, such IPH Group member will comply with the European Union General Data Protection Regulation 2016/279 in accordance with Appendix 1 of this Privacy Policy. If this applies to you, it is important that you read Appendix 1 to ensure you are aware of how we will comply with our obligations and to review important consent requirements which are included in the Appendix.

We have appointed a Privacy Officer to oversee the management of Personal Information in accordance with this Privacy Policy.

3. What Personal Information do we collect and hold?

“Personal Information” is information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual, or about an individual who is reasonably identifiable.

In the course of our relationship with you, we are likely to collect a wide range of Personal Information about you. The type of Personal Information that we may collect will depend on our relationship with you, and the circumstances of collection.

If you are an end-user (or a “team member”) of the WiseTime Software, we only collect your Personal Information as set out in section 3(b) below. To the extent that you are the contact person (or the “team manager”) of the WiseTime Software, the entire Privacy Policy will apply to you.

In all other cases (including when you are a “team manager”), the Personal Information we collect about you may include (but is not limited to):

  • your first and last names;
  • your date and place of birth;
  • your phone number, facsimile number, residential address and email address;
  • bank account details and credit / debit card details;
  • any information or comments provided by you;
  • any facts or opinions that are connected to an enquiry regarding your Personal Information that we are conducting on behalf of you or your organisation;
  • reference details of you or your organisation related to the services we provide to you; and
  • details about your use of our website through the use of cookies.

In the course of offering or providing services to you, we may also collect copies of identification documents, for example, driver’s licences, birth certificates and/or passports you have provided to us.

a) Sensitive Information

We do not generally collect “sensitive information” (such as information about ethnic origin, religious or political views, health information, tax file numbers etc.) in respect of website users, suppliers, business associates, clients and potential clients.

We only collect sensitive information reasonably necessary for one or more of the uses specified in section 5 of this Privacy Policy if:

  • we have the consent of the individuals to whom the sensitive information relates; or
  • the collection is necessary to lessen or prevent a serious threat to life, health or safety; or
  • the information is required for another legal reason provided for under applicable privacy legislation (including in Australia, the Privacy Act 1988 (Cth)), or other applicable legislation.

b) Personal Information of End-Users of the WiseTime Software

For end-users (or “team members”) of the WiseTime Software, we will only collect such Personal Information as necessary for the operation of the WiseTime Software (“WiseTime Personal Information”), which may include:

  • your first and last names;
  • your email address and phone number;
  • an avatar that may represent a photo of you;
  • any information or comments provided by you;
  • relationship information with respect to a WiseTime team;
  • any facts or opinions that are connected to an inquiry regarding your Personal Information that we are conducting on behalf of you or your organisation;
  • reference details of you or your organisation related to the services we provided to you; and
  • details about your use of our website through the use of cookies.

WiseTime Personal Information will only be used and disclosed for the sole purpose of operating the WiseTime Software and providing relevant services to our client offered in connection with the WiseTime Software. WiseTime Personal Information will not be used for other purposes such as marketing. If you do not provide us with the WiseTime Personal Information requested through the WiseTime Software, we may not be able to provide you or our client with the services in connection with WiseTime Software.

Clauses 4(c), 5(b) and 6(a) of this Privacy Policy do not apply to WiseTime Personal Information.

c) Personal Information of Employees and Contractors

In respect of our current and potential employees, contractors and work experience persons, we may collect additional Personal Information including, but not limited to, personal resumes, third party references, bank details, superannuation details, tax file numbers, certain health information, emergency contact details and other employee or contractor records. We may also conduct criminal checks on individuals who commence employment or have a contracting arrangement with us. The results of such checks are held on our employee or contractor files for the duration of the employment, engagement or service, and after such relationship ceases, as needed.

4. How do we collect your Personal Information?

a) Overview

There are many ways in which we collect information from you.

We collect Personal Information directly from the individual concerned whenever reasonably practicable.

Sometimes, we collect Personal Information about you from a variety of other independent sources, including from publicly available sources (including social media), recruitment agencies, contractors, service providers and business partners. Where information is not obtained directly from the individual concerned, we obtain Personal Information in accordance with legal requirements.

The circumstances in which we may collect your Personal Information include, without limitation:

  • when you have a face to face meeting with our staff and/or officers;
  • when you attend our or third-party presentations, conferences or events;
  • when you use our website or the website of a member of the IPH Group, including to request to receive a newsletter or other information from us;
  • when you provide or offer to provide a product or service to us;
  • when you obtain a product or service from us, and in that case, we may collect Personal Information from clients (including our business associates) and their personnel (including the contact person for the WiseTime Software (“team managers”) and end-users of the WiseTime Software (“team members”));
  • when you communicate with us by e-mail, telephone or in writing;
  • when you apply for employment or work experience with us or accept an offer of employment;
  • when you enter into a contract with us;
  • through share registries;
  • from other members of the IPH Group (where permitted under this Policy);
  • where you have consented to third parties sharing it with us, including our suppliers and providers of services and other business associates; and
  • from publicly available sources, including newspapers and social media platforms such as LinkedIn, Facebook and Twitter.

b) Providing third party Personal Information to us

If, at any time, you provide us with Personal Information, including WiseTime Personal Information, or other information about someone other than yourself, you warrant to us that you have that person’s consent, including where applicable any necessary consent under section 6 of this Privacy Policy, to provide such information for the purpose specified and for us to treat such information in accordance with this Privacy Policy.

c) Remaining anonymous

You have the option of remaining anonymous when dealing with us in relation to a particular matter, or not disclosing Personal Information to us. However, this may mean that we will not be able to provide our services or respond to you in light of the nature of our business.

d) Information about users of our websites and cookies

Our Internet Service Providers record certain statistical information about users of our websites. This information is reviewed by us for statistical purposes and is not disclosed to third parties. We do not identify you or your browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant or other such power to inspect the internet service provider’s server logs.

We use cookies on our websites to identify repeat viewers and make it easier for you to navigate our site. If you reject cookies, you may still use our site, but your ability to use some features of our site may be limited.

5. How do we use your Personal Information?

a) General

The primary purpose for which we collect, use and exchange your Personal Information is to establish your identity and to provide you with the products and services you have requested.

We may state a more specific purpose at the point we collect your information. If you do not provide us with the information that we request, we may not be able to provide you with our products or services.

In certain circumstances we may need to collect personal and sensitive information in order to comply with our legal obligations, such as anti-money laundering and counter-terrorism financing laws, for example, in Australia under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and in New Zealand the Financing of Terrorism Act 2009. If you do not provide us with the information we request, we will not be able to provide you with our products or services.

Our uses of Personal Information include but are not limited to:

  • establishing your identity;
  • communicating with you, including by email, mail or telephone;
  • managing our relationship with you;
  • advising you in relation to intellectual property, legal and related matters;
  • filing, prosecuting and maintaining applications for statutory protection of intellectual property including patent, design, trade mark and domain name applications and registrations in Australia, New Zealand and overseas and engaging third parties to do so;
  • conducting patent and trade mark opposition proceedings before the patent and trade mark offices and regulators in Australia, New Zealand and other jurisdictions;
  • providing other professional services including advice with respect to litigation, dispute resolution services, appeals, commercial and regulatory legal advice, and intellectual property watches and searches;
  • providing you with updates, offers or proposals in relation to your matters and products and services that may be of interest to you;
  • sending regular news alerts (and other correspondence) concerning developments in the field of intellectual property and other areas that may be of interest to you;
  • sending marketing and promotional material that we believe may interest you;
  • for purposes necessary or incidental to the provision of goods and services to you;
  • inviting you to events and functions;
  • personalising and customising your experiences;
  • managing and enhancing our products and services;
  • investigating complaints made by you; and
  • in the case of employees and contractors:
    • to pay your wages, fees and employee & contractor entitlements;
    • conduct criminal checks and confirm your immigration status and right to work; and
    • to manage your relationship with us.

We may also use your Personal Information for purposes required or authorised by applicable laws or regulations, such as to prevent or investigate alleged crime or fraud. We may also use your Personal Information if it is necessary to prevent or lessen a serious threat to public health or public safety or if the use of the information is necessary for law enforcement or for the conduct of proceedings before any court or tribunal.

b) Marketing and Consent

By supplying us with your Personal Information, you give us permission to disclose your Personal Information to members of the IPH Group and organisations that carry out functions (including marketing functions) on our behalf, or assist us to deliver our services, such as our business associates, contractors, agents or service providers, so that we can assess your likely needs, and contact you from time to time.

We may contact you to inform you about laws and developments in the field of intellectual property and other products, services, events and resources we think would be of particular interest to you. The permission you provide to us is not limited in time. You can, however, elect to opt out of receiving correspondence and other marketing materials from us by:

  • contacting us using the contact information provided below in section 10 of this Privacy Policy; or
  • by utilising an ‘unsubscribe’ facility on a communication we send to you.

If you opt out of receiving further communications from us, we will take steps to ensure you do not receive any such further information from us in future. Recipients of our news alerts and other correspondence may notify us at any time should they wish to discontinue receipt of emails and other communications from us.

6. Who do we share your Personal Information with?

Personal Information is disclosed and used by us to enable us to provide services to you and for the other purposes identified in section 5 above.

a) Members of the IPH Group

We may receive and disclose Personal Information from or to other members of the IPH Group in accordance with this Privacy Policy, including entities located in various jurisdictions, including in Australia, New Zealand, Singapore, Germany, Malaysia, Indonesia, Thailand, Hong Kong and China.

All disclosure of information by us within the IPH Group is subject to compliance with all legal requirements including but not limited to, for Australia and New Zealand, the Code of Conduct for Trans-Tasman Patent and Trade Marks Attorneys 2018 issued by the Trans-Tasman Intellectual Property Advisory Board, other applicable legislation governing the conduct of our attorneys and professionals in other jurisdictions in which we conduct our businesses, and other IPH Limited group information sharing and conflicts of interest policies.

For the avoidance of doubt, whilst we may receive and disclose Personal Information from or to other members of the IPH Group, each IPH Service Firm (and where applicable its related Alliance Firm) maintains separate case management systems and no case related information is shared with another IPH Service Firm, except where such IPH Service Firm is formally engaged to provide professional IP services for the client, including as a foreign associate.

b) Disclosure and use of your Personal Information to and by third parties

We may be required to disclose your Personal Information to certain third parties that may include:

  • governmental offices (such as IP Australia, the Intellectual Property Office of New Zealand, the Intellectual Property Office of Singapore and the IP offices of other jurisdictions);
  • courts (such as the courts of Australia, New Zealand and other jurisdictions);
  • government and law enforcement agencies and regulators;
  • your agents, professional advisors, auditors or insurers;
  • our financial, taxation or legal advisors;
  • entities that assist us to deliver our services, including our business associates, contractors or service providers, including agents and associates in foreign countries;
  • entities that assist or conduct mail outs on our behalf;
  • debt collection companies;
  • our clients (where information has been provided to us by someone other than our client);
  • a purchaser or successor entity in connection with the sale of our business, a subsidiary of our business, or substantially all of its assets; and
  • entities established to help identify illegal activities and prevent fraud.

As noted above, we may disclose your Personal Information to entities that assist us to deliver our services, such as our business associates, contractors, agents or service providers and, as noted elsewhere in this Privacy Policy, our Alliance Firms. These third parties may change from time to time. Some examples include technology and internet service providers, data storage providers, digital mail providers who send communications on our behalf and their implementation partners. We may also use graphic designers, printers and posting services to assist us with design, printing and distribution of communications. Where it is necessary for Personal Information to be provided to a third party in connection with the provision of a service to us, we will take reasonable steps within our power to prevent the unauthorised use or unauthorised disclosure of the Personal Information.

In relation to our disclosure of Personal Information to third parties such as agents and associates in foreign countries, we will make such disclosures when we are instructed to do so by our clients in relation to their matters in order to provide our services, or as may be required by law. You agree that, subject to any additional obligations under applicable laws, third parties who receive Personal Information from us may use and disclose the Personal Information subject to their respective privacy policies and laws applicable to them.

We do not disclose Personal Information to third parties for the purpose of third party direct marketing.

From time to time, we may provide third parties with information in the form of statistical representations about our users collectively and for the purpose of statistical analysis. Where we provide such information to third parties for this limited statistical purpose, we will not provide information in such a way that your identity may be obtained. To the extent this information does not constitute Personal Information (as defined in the Australian Privacy Act 1988 (Cth)) or the New Zealand Privacy Act 2020 (NZ) or is otherwise not governed by applicable privacy legislation in the relevant jurisdiction, the Australian Privacy Principles , the New Zealand information privacy principles or other applicable privacy legislation, and this Privacy Policy, will not apply.

c) Other permitted disclosures

We may also disclose your Personal Information under the following circumstances:

  • when you have consented to such disclosure;
  • when you would reasonably expect us to use or disclose your Personal Information in a certain way;
  • when the disclosure is one of the purposes in connection with which the information was obtained or is directly related to the purposes in connection with which the information was obtained;
  • when the source of the information is a publicly available publication and, in the particular circumstances, it would not be unfair or unreasonable to disclose the information;
  • when authorised or required to do so by a court or under applicable laws or regulations (for example, a subpoena), or where requested by a government agency;
  • where we consider a company or an individual may be engaged in fraudulent activity or other deceptive practices of which a governmental agency should be made aware;
  • to appropriate persons, where your communication suggests possible harm to yourself or others; or
  • when disclosure is reasonably necessary for a law enforcement related activity.

d) Cross-border disclosure of your Personal Information

We may disclose your Personal Information offshore for various reasons, such as for the purposes of:

  • obtaining legal or other intellectual property professional services in foreign countries;
  • obtaining intellectual property protection in foreign countries; or
  • for administrative and other purposes within the IPH Group of companies to facilitate the conduct of our businesses.

The types of foreign entities to which we may disclose your Personal Information include:

  • members of the IPH Group located in various countries, including in Australia, New Zealand, Singapore, Germany, Malaysia, Indonesia, Thailand, Hong Kong and China and any other jurisdictions in which we may operate in the future;
  • our associates, agents or other legal or professional service provider firms in foreign countries;
  • government bodies and other entities that administer intellectual property in overseas jurisdictions; and
  • our service providers located overseas, which may include technology and internet service providers, data storage providers and digital mail providers who send communications on our behalf.

You agree and acknowledge that the overseas recipients of your Personal Information will be subject to the privacy laws of their local jurisdiction. These overseas privacy laws are likely to be different to:

  • if we are located within Australia, the Privacy Act 1988 (Cth) and the Australian Privacy Principles;
  • if we are located within New Zealand, the Privacy Act 2020 (NZ) and information privacy principles set out in that Act; or
  • in the other jurisdictions in which we operate, other applicable personal data protection legislation,

such that overseas recipients may not be required to protect your Personal Information in a way that provides comparable safeguards to those in your own jurisdiction and you may not be able to seek redress in the relevant overseas jurisdiction in relation to breaches of your privacy.

You acknowledge and agree to such international data and information transfers with respect to Personal Information of the nature described in this section 6.

For our Australian businesses, clause 8.1 of the Australian Privacy Principles contained in Schedule 1 of the Privacy Act 1988 (Cth) provides that if we disclose Personal Information about an individual to a recipient based outside of Australia, then we must take such steps as are reasonable in the circumstances to ensure the overseas recipient does not breach the Australian Privacy Principles in relation to such information. An exception to this is if we obtain your consent. We intend to rely on this exception in the following way. Unless you notify us in writing to the contrary, you will be taken to have consented to the disclosure by our Australian businesses of Personal Information to overseas recipients on the basis that:

  • clause 8.1 of the Australian Privacy Principles will not apply to such disclosure;
  • the individual whose Personal Information is disclosed will not be able to seek redress under the Privacy Act 1988 (Cth);
  • the overseas recipient may not be subject to any privacy obligations or to any principles similar to the Australian Privacy Principles;
  • the individual may not be able to seek redress in the overseas jurisdiction; and
  • the overseas recipient is subject to a foreign law that could compel the disclosure of Personal Information to a third party, such as an overseas authority.

For our New Zealand businesses, information privacy principle 12 contained in section 22 of the Privacy Act 2020 (NZ) provides that we may disclose Personal Information about an individual to a person or entity based outside New Zealand in certain instances if the individual authorises the disclosure to the overseas recipient after being expressly informed by us that the overseas recipient may not be required to protect the information in a way that, overall, provides comparable safeguards to those in the Privacy Act 2020 (NZ). Given the express disclosures in this section 6(d) regarding overseas disclosures, unless you notify us in writing to the contrary, where applicable, you will be taken to have authorised the disclosure by our New Zealand businesses of Personal Information to overseas recipients.

Similar provisions may exist under privacy legislation in other jurisdictions in which members of the IPH Group are located. If such provisions are applicable to a member of the IPH Group holding your personal information, you acknowledge and consent to such cross-border disclosure on the basis outlined above (substituting references to the standards and remedies available under the applicable privacy legislation in the relevant entity’s jurisdiction).

7. Keeping your Personal Information safe

a) Security

We make every effort to ensure Personal Information is kept secure and take reasonable steps to protect it from misuse, loss, interference, unauthorised access, modification or disclosure.

In terms of system security, here are some of the things we do to protect your Personal Information:

  • we store Personal Information in a variety of formats including on databases, in hard copy files and on personal devices, including laptop computers;
  • we retain Personal Information in secure hard copy and electronic files;
  • we use firewalls, standard software protection programs, password access protections and secure servers;
  • Personal Information in files that have been closed and archived may be stored in our offsite storage facility. We take reasonable steps to ensure that any third parties who handle files maintained in offsite facilities (including online data storage facilities) act consistently with this Privacy Policy;
  • we regularly review our security arrangements to ensure we are taking reasonable and technically feasible steps available at the time to protect your Personal Information; and
  • we take reasonable steps to destroy, erase or permanently de-identify Personal Information as soon as practicable if it is no longer required by us (including being required for record keeping or legal purposes).

As you will appreciate, since no system is 100% secure or error-free, we cannot guarantee that your Personal Information is totally protected, for example, from hackers, interference or misappropriation. You acknowledge that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. You provide information to us via the internet or by post at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your Personal Information where the security of information is not within our control.

If you suspect any misuse or loss of, or unauthorised access to, your Personal Information, please contact us immediately using the contact details set out in section 10.

In the event of a data breach involving a loss of, unauthorised access to or misuse of your Personal Information, we will report such breach to you and any relevant authority as required by law.

b) Third party websites

Our website may contain links to other websites. You acknowledge that we are not responsible for the privacy or security practices of any third party (including third parties to whom we are permitted to disclose your Personal Information in accordance with this Privacy Policy or any applicable laws). The collection and use of your information by such third party/ies may be subject to separate privacy and security policies.

8. Accessing, updating and correcting your Personal Information

We use reasonable endeavours to ensure that the Personal Information we collect, use and/or disclose is accurate, complete and up to date.

We request that you keep the information we hold about you as current as possible by advising us of any changes or inaccuracies to your Personal Information in the manner outlined below so that we may continue to improve our service to you.

a) Making a request to access, update or correct your Personal Information

You may ask us for access to your Personal Information or request that your Personal Information be updated and/or corrected. You may also request that we destroy or erase your Personal Information, or you may contact us if you have any questions or complaints about, or if you wish to restrict or object to, how we collect, use, disclose, manage or store your Personal Information. You can contact us for any of these reasons by using the contact details set out in section 10 of this Privacy Policy.

We will respond to your request, where required by law, within one (1) calendar month from the date your request is received. We will inform you if this timeframe is not achievable and extend this timeframe as permitted by applicable law.

We may charge a fee to cover the costs of meeting your request if your request is unfounded or excessive.

Unless we are required or permitted by law to refuse to do so, we will, on request, provide you with details of the Personal Information we have collected about you or update, correct and amend your Personal Information in accordance with your request. Where we are also required by applicable law to provide further information about the use or disclosure of your Personal Information we will do so upon your request.

b) Exceptions

If we do not agree to provide you with access to, or to amend or erase, your Personal Information as requested or otherwise meet your requests, we will notify you accordingly. Where appropriate, we will provide you with the reason(s) for our decision and the mechanisms available to complain about the refusal. If the rejection relates to a request to change your Personal Information, you may make a statement about the requested change and we will attach this to your record.

In some circumstances, and subject always to legal obligations to the contrary, we may not be in a position to grant access to your Personal Information or otherwise meet your requests with respect to your Personal Information, including when:

  • your Personal Information is not retrievable;
  • the request is frivolous or vexatious; or
  • providing access or otherwise meeting your request:
    • is reasonably likely to pose a serious threat to the safety of an individual or the public;
    • is likely to impact unreasonably on the privacy of others;
    • would reveal information which relates to existing or anticipated legal proceedings between you and us, which information would not be accessible by the process of discovery in those proceedings;
    • would impact on any negotiations between you and us;
    • is unlawful (including being unlawful as directed by a court or tribunal order);
    • would likely impact on actions being taken in relation to alleged unlawful activities or misconduct relating to our functions and activities;
    • would be likely to impact on any enforcement related activities conducted by any enforcement bodies; or
    • would reveal evaluative information in connection with a commercially sensitive decision-making process.

9. How do you make a privacy complaint?

If you have a problem or complaint, please let us know. We will respond to a complaint as soon as possible and within 10 working days to let you know who is responsible for managing your complaint. We will also try to resolve the complaint within 10 working days. When this is not possible, we will contact you within that time to let you know how long it will take to resolve the complaint.

If you believe that we have not adequately dealt with your complaint, you may complain to, where we are located in Australia, the Australian Information Commissioner (https://www.oaic.gov.au/) or, where we are located in New Zealand, the New Zealand Privacy Commissioner (https://www.privacy.org.nz/your-rights/how-to-complain), or refer to your local privacy authority.

10. Contact details

If you would like to update or correct your Personal Information, seek access to Personal Information we hold about you, or if you have any questions or complaints about how we collect, use, disclose, manage or store your Personal Information, you can contact us at:

  • WISETIME
  • Contact Person: Privacy Officer
  • Email: support@wisetime.com
  • Postal Address: 24 Colin Street, West Perth, WA 6005, Australia

OR

  • IPH LIMITED
  • Company: IPH Limited ABN 49 169 015 838
  • Contact Person: Privacy Officer
  • Postal Address: Level 24, Tower 2, Darling Park, 201 Sussex Street, Sydney NSW 2000 Australia
  • Telephone: +61 2 9393 0301
  • Facsimile: +61 2 9261 5486
  • Email: privacy@iphltd.com.au

This Privacy Policy was last updated on 9 December 2020, to incorporate amendments reflecting the introduction of the New Zealand Privacy Act 2020.

11. Appendix 1

European Union General Data Protection Regulation (the “GDPR”)

1. Application

This Appendix only applies to the collection and processing of “EU Personal Data”. “EU Personal Data” means any Personal Information of an individual who is located in the European Union (“EU”) (whether the individual is a citizen of an EU country or otherwise).

We process EU Personal Data in accordance with this Appendix and our Privacy Policy. To the extent of any inconsistencies between other sections of our Privacy Policy and this Appendix in relation to the processing of EU Personal Data, this Appendix prevails.

2. Controller

  • Practice Insight Pty Ltd
  • 24 Colin Street
  • West Perth, WA 6005
  • Australia
  • Email: contact@wisetime.com 

3. EU-Representative, Art.27 GDPR

  • Michael Fleuchaus
  • c/o Fleuchaus & Gallo Partnerschaft mbB
  • Steinerstr. 15/A
  • E-Mail: mf@fleuchaus.com

4. Legal Basis for the Processing of Data

The legal basis for the processing of data of visitors of our Website is Art. 6 (1) (f) GDPR. The legitimate interest pursued by us is the promotion of the services offered by us.

If the visitor has given its consent to processing its data the legal basis is Art. 6 (1) (a) GDPR. Such consent can be revoked at any time.

For users of our commercial offering, the WiseTime service, the legal basis for the processing of data is Art. 6 (1) (b) GDPR. We process the relevant data in order to provide the services demanded by the user.

The data will be stored for the duration of the agreement and, beyond that, to the extent legal requirements demand so.

5. Rights of the EU Personal Data Subjects

You have the following rights in respect to the processing of your personal data. For further details reference is being made to the relevant legal provisions.

Right of access: According to Art. 15 GDPR, you have the right to ask us for confirmation whether personal data relating to you are being processed. If this is the case, you have a right to information about which personal data is being processed and to further information, as mentioned in Art. 15 GDPR.

Right to rectification: Pursuant to Art. 16 GDPR, you have the right to demand immediate correction of any inaccurate personal data concerning yourself. Furthermore, taking into account the purposes of the processing, you have the right to request completion of incomplete personal data, including by means of a supplementary statement.

Right to erasure: You have the right to demand that we delete your personal data immediately. We are obliged to delete personal data immediately if the corresponding requirements of Art. 17 GDPR are met. Please refer to Art. 17 GDPR for details.

Right to restriction of processing: In accordance with Art. 18 GDPR, you have the right under certain conditions to demand that we restrict the processing of your personal data.

Right to data portability: Pursuant to Art. 20 GDPR, you have the right to receive the personal data that you have provided us with in a structured, common and machine-readable format, and you have the right to transfer this data to another person without hindrance, provided that the processing is based on a consent pursuant to Art.6 (1) (a) GDPR or Art. 9 (2) (a) GDPR or a contract pursuant to Art.6 (1) (b) GDPR and the processing is carried out by automated means.

Right of appeal to the supervisory authority: According to Art. 77 GDPR, without prejudice to any other administrative or judicial remedy, you have the right to complain to the supervisory authority. This right shall apply, in particular, at the Member State of your place of residence, at your place of work or at the place of the alleged infringement, if you consider that the processing of the personal data concerning you is contrary to the GDPR.

Right of objection: Pursuant to Art. 21 GDPR, you have the right to object to the processing of personal data concerning yourself, which is based on Article 6 (1) (e) or (f) of the GDPR. this also applies to profiling based on these provisions.

If we process your personal data for the purpose of direct advertising, you have the right at any time to object to the processing of your personal data for the purposes of such advertising; this also applies to profiling insofar as it is associated with such direct advertising.

6. Disclosure to Third Parties

If we are required to disclose your EU Personal Data to third parties, including data processors or sub-processors, we will notify the third party that it has an obligation to handle any EU Personal Data in accordance with the GDPR.

In the event we are responsible for a transfer of EU Personal Data outside of the EU, such transfer will be for the necessary and lawful performance of our services, including the establishment, exercise or defense of an IP or legal right.

WiseTime Privacy Policy ends here


Website Terms of Use


These Website Terms of Use (“Terms”) govern your access to and use of WiseTime’s websites (the “Websites”) and incorporates WiseTime’s Cookies Policy. Your access to and use of the Websites is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Websites you agree to be bound by these Terms.

Basic terms

The services that WiseTime provides are always evolving and the form and nature of the services that WiseTime provides may change from time to time without prior notice to you. In addition, WiseTime may stop (permanently or temporarily) providing the Websites (or any features within its services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you.

All communication should be directed to contact@wisetime.com

Reproduction of the Website

Permission is granted to make electronic copies and to print in hard copy, portions of the Websites for the sole purpose of researching or using the services of WiseTime. The status of WiseTime, or that of any identified contributors, as the author(s) of the materials on the Websites should always be acknowledged. Any other use of materials on the Websites without the prior written permission of WiseTime is strictly prohibited; this includes but is not limited to modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any materials available on or through the Websites for commercial or public purposes.

Our Rights

All right, title, and interest in and to the Websites (excluding information provided by users) are and will remain the exclusive property of WiseTime and its licensors. The Websites are protected by copyright, trademark, and other laws of both Australia and foreign countries. Nothing in the Terms gives you a right to use the WiseTime name or any of the WiseTime patents, trademarks, logos, domain names, and other distinctive brand features.

You agree to indemnify and hold harmless WiseTime and our co-operation partners against all claims, liabilities, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach by you of the Terms or any other liabilities arising out of your use of the Websites, or the use by any other person accessing the Websites using your computer equipment or internet access account or your infringement of the intellectual property rights or other proprietary rights of any third party. We reserve the right to restrict or prevent your access to the Websites or our services at our sole discretion.

Restrictions on Use of the Websites

You undertake and agree with WiseTime that you shall at all times use all reasonable endeavours to observe these Terms, and in particular shall not (and shall not permit any employee, sub-contractor or agent to) (i) use the Websites for any illegal purpose, and you agree to use it in accordance with relevant laws in any applicable jurisdiction (including, without limitation, your local law); (ii) upload or transmit through the Websites any computer viruses, macro viruses, Trojan horses, worms, or anything designed to interfere with or disrupt the normal operating procedures of a computer; (iii) upload or transmit through this website any material which is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety; (iv) use the Websites in a way that may cause the Websites to be interrupted, damaged or rendered less efficient, or may impair the effectiveness or functionality of the Websites; (v) use the Websites in any manner which violates or infringes the rights or any person, firm or company (including but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); or (vi) interfere with or diminish (whether by act or omission) WiseTime’s right, title and interest (or that of our licensors) in the Websites and the products and services available on it.

You may not do any of the following while accessing or using the Websites: (i) access, tamper with, or use non-public areas of the Websites, WiseTime’s computer systems, or the technical delivery systems of WiseTime’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Websites by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by WiseTime (and only pursuant to the Terms), unless you have been specifically allowed to do so in a separate agreement with WiseTime; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Websites to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Websites, or by acting in such a manner as to interfere with or create an undue burden on the Websites.

Links

The Websites may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such third party websites or resources; or (ii) the content, products, or services on or available from such third party websites or resources. Links to such websites or resources do not imply any endorsement by WiseTime of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Data Security

The wisetime.com portal uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected. To submit data on these webpages, you must use an SSL-enabled browser such as Safari, Chrome, Firefox or Internet Explorer. Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet.

Dispute Resolution

Any disputes between the parties arising from the performance of the provisions of these Terms must be settled through friendly consultation by the parties. A party may commence legal proceedings if such disputes are not resolved within thirty (30) days of first arising.

These Terms are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales. Service of any legal process may be effected on a party by forwarding that legal process as if it were a notice given under these Terms.

Notices

All notices under this agreement must be in writing and sent by post at WiseTime GmbH Steinerstraße 15A, 81369 München, Germany or email at contact@wisetime.com

Force Majeure

The Company shall not be liable for any claims for non-fulfilment should actual performance of the Websites or any parts be delayed in consequence of unforeseen events such as strikes, unforeseen breakdown of computer systems (save where caused by improper maintenance or operation by untrained personnel), suspension of electricity or other relevant power supply, riots, war, robbery, civil commotion, adverse non foreseeable weather conditions, disaster caused by fire and/or water, or action of government.

Limitation of Liability

To the maximum extent permitted by applicable law, WiseTime and its subsidiaries, affiliates, officers, employees, agents, partners, associates and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Websites except in the case of gross negligence or fraud on the part of WiseTime; (ii) any content obtained from the Websites; and (iii) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not WiseTime has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of WiseTime to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Disclaimer

All information contained within the Websites is provided for general information purposes only and on the understanding that none of the content constitutes legal or other professional advice. The application and impact of laws can vary widely depending on the specific facts involved.

WiseTime has made every attempt to ensure that all information contained within the Websites and included in its services has been obtained from reliable sources, but all such information is provided “as is”, with no guarantee of completeness or accuracy. WiseTime provides no warranty of any kind, express or implied, as regards the information herein, and disclaims all liability and responsibility for any loss that may arise from reliance on information contained within the Websites. In the case of a specific problem or query, professional advice should be sought.

Website Terms of Use ends here



Information we collect automatically

Like many websites, our Website use cookies and other technologies such as web beacons to collect information about you when you interact with our Website and emails, including – with your consent – information about your browsing behaviour. If our Website did not use cookies you would appear to be a new visitor every time you move to a different page. Cookies allow us, for example, to ensure that you are authorized to view some of our Website pages, i.e. you are logged in. Most internet browsers are initially set to accept cookies, but you can set your browser to refuse cookies from websites or remove cookies from your hard drive. With your consent we may combine this information with other information we collect about you and use it for various purposes, such as improving our Website, our marketing and your online experience, understanding which areas and features of our Websites are popular, counting visits, understanding marketing campaign effectiveness, personalizing the communications we send to you, determining whether an email has been opened and links within the email have been clicked, and for other internal business purposes. The types of cookies used by WiseTime are:

  1. Strictly necessary cookies – These cookies are necessary to allow you to move about the website; they contain personal information and are used to identify you as a logged-in user.
  2. Training cookies – These cookies help us to guide you when you access our training material and instructional videos that are hosted by a third-party service provider; they also allow us to display relevant help and tutorial content to you as you use the WiseTime console so as to get you up to speed on using WiseTime most effectively.
  3. Marketing cookies – These cookies identify, how you found our website and how you’re using it; they collect the network address of the device you are using to access our website, which areas you are visiting, and allow us to measure how effective our pages are, so that we can improve the performance of our marketing campaigns.

Do I have to accept cookies?

You may be able to set your browser to reject browser cookies. However, if you choose to reject cookies, you cannot access your accounts online with WiseTime. Therefore, if you set your browser options to disallow cookies, you will limit the functionality we can provide when you visit our Website. The latest versions of internet browsers provide cookie management tools, such as the ability to delete or reject cookies. We recommend that you refer to information supplied by browser providers for more specific information, including how to use these tools.

How can I revoke my consent?

If you would like to revoke you consent granted in respect of the usage of certain cookie categories, please do this by accessing the . Depending on the type and version of web browser you are using, we may not be able to delete all cookies saved in your browser store at the time of your consent. The browser you are using may, however, allow you to delete cookies yourself. Please refer to your browser’s documentation.

Which cookies do we use?

We use the following cookies which are strictly necessary to operate our services:

Cookie name Description of the purpose of use Type Expiry Domain Identity of the
controller
WT_COOKIECONSENT_APPROVED_VERSION Stores approved version of the cookie consent. HTTP Cookie 1 year wisetime.com WiseTime
cookieconsent_status_consent-id Stores the user’s cookie consent state. HTTP Cookie 1 year wisetime.com WiseTime
cookieconsent_status_Training Stores the user’s cookie consent state. HTTP Cookie 1 year wisetime.com WiseTime
cookieconsent_status_Marketing Stores the user’s cookie consent state. HTTP Cookie 1 year wisetime.com WiseTime
refresh Used for session authentication. HTTP Cookie 3 years wisetime.com WiseTime
idToken Used for session authentication. HTTP Cookie 1 hour wisetime.com WiseTime
dateStr Remember the current date tab in the WiseTime console, so that the console knows which date tab to show when the user comes back to their console. Local Storage Persistent wisetime.com WiseTime
loginUsername Used to facilitate login. HTTP Cookie 30 min wisetime.com WiseTime
defaultOrg-{userId} The currently active team selection. Local Storage Persistent wisetime.com WiseTime
wt-console_local-reducer-storage Stores last state if user will refresh page it will revert to last state. Session Storage Session wisetime.com WiseTime
WT_SIDEBAR_APP_STATUS Used by sidebar for indicating app status initially. Session Storage Session wisetime.com WiseTime
WT_TIMEZONE Stores users timezone. Local Storage Persistent wisetime.com WiseTime
recentTags-{userId}-{teamId} Stores recent tags used by user by team. Local Storage Persistent wisetime.com WiseTime
__stripe_mid This cookie is necessary for making credit card transactions on the website. The service is provided by Stripe.com which allows online transactions without storing any credit card information. HTTP Cookie 1 year wisetime.com Stripe
__stripe_sid This cookie is necessary for making credit card transactions on the website. The service is provided by Stripe.com which allows online transactions without storing any credit card information. HTTP Cookie 1 day wisetime.com Stripe
_gat_UA-# Used to throttles number of requests received by users. HTTP Cookie 10 minutes wisetime.com WiseTime
_ga Registers a unique ID that is used to generate statistical data on how the visitor uses the website. HTTP Cookie 2 years wisetime.com WiseTime
_gid Registers a unique ID that is used to generate statistical data on how the visitor uses the website. HTTP Cookie 1 day wisetime.com WiseTime
_gcl_au This cookie is used by Google Analytics to understand user interaction with the website. HTTP Cookie 3 months wisetime.com WiseTime
wordpress_test_cookie Checks if cookies can be placed. Session Storage Session wisetime.com WiseTime
ajs_user_id This cookie helps track visitor usage, events, target marketing, and can also measure application performance and stability. HTTP Cookie 1 year wisetime.com WiseTime
ajs_group_id These cookies track visitor usage and events within the website. HTTP Cookie 1 year wisetime.com WiseTime
ajs_anonymous_id These cookies are generally used for Analytics and help count how many people visit a certain site by tracking if you have visited before. HTTP Cookie 1 year wisetime.com WiseTime
JSESSIONID Preserves users states across page requests. HTTP Cookie Session wisetime.com WiseTime
atlassian.xsrf.token Helps prevent XSRF attacks. Ensures that during a user’s session, browser requests sent to a Jira server originated from that Jira server. For more information about XSRF checking by Jira, see Form Token Checking on the Atlassian Developers site. HTTP Cookie Session support.wisetime.com WiseTime
jira.editor.user.mode Stores Jira editor mode. HTTP Cookie Session support.wisetime.com WiseTime
seraph.rememberme.cookie Jira generates this cookie when the user selects the Remember my login on this computer checkbox on the login page. HTTP Cookie 14 days support.wisetime.com WiseTime
browser-metrics-journey n.a. Session Storage Session support.wisetime.com WiseTime
_help_center_session Preserves users states across page requests. HTTP Cookie Session help.wisetime.com
Zendesk
_zendesk_shared_session Preserves users states across page requests. HTTP Cookie Session help.wisetime.com
Zendesk
_zendesk_session Preserves users states across page requests. HTTP Cookie Session help.wisetime.com
Zendesk
__cfruid This cookie is a part of the services provided by Cloudflare – Including load-balancing, deliverance of website content and serving DNS connection for website operators. HTTP Cookie Session help.wisetime.com
blog.wisetime.com
timekeeping.wisetime.com
news.wisetime.com
Cloudflare
__cfduid Used by the content network, Cloudflare, to identify trusted web traffic. HTTP Cookie 30 days help.wisetime.com
blog.wisetime.com
timekeeping.wisetime.com
news.wisetime.com
Cloudflare
__cf_bm This Cloudflare cookie helps manage incoming traffic that matches criteria associated with bots. HTTP Cookie 30 mins help.wisetime.com Cloudflare

With your consent, which can be revoked at any time by accessing our , we use the following training cookies:

Cookie name Description of the purpose of use Type Expiry Domain Identity of the
controller
countryCode Used to remember current country selection, to facilitate form entry Session Storage Session wisetime.com WiseTime
apc_my_id Used by AppCues to display relevant help content. Without this cookie, the app will malfunction showing the same help messages, making service problematic. Session Storage Session wisetime.com WiseTime
apc_my_id_ts Used by AppCues to display relevant help content. Without this cookie, the app will malfunction showing the same help messages, making service problematic. Session Storage Session wisetime.com WiseTime
apc_user Used by AppCues to display relevant help content. Without this cookie, the app will malfunction showing the same help messages, making service problematic. Session Storage Session wisetime.com WiseTime
apc_user_id Stores a unique used ID. Local Storage Persistent wisetime.com WiseTime
apc_local_id Used by AppCues to display relevant help content. Without this cookie, the app will malfunction showing the same help messages, making service problematic. Local Storage Persistent wisetime.com WiseTime

With your consent, which can be revoked at any time by accessing our , we use the following marketing cookies:

Cookie name Description of the purpose of use Type Expiry Domain Identity of the
controller
__hssc This cookie keeps track of sessions. This is used to determine if HubSpot should increment the session number and timestamps in the __hstc cookie. HTTP Cookie 30 min wisetime.com WiseTime
__hssrc Whenever HubSpot changes the session cookie, this cookie is also set to determine if the visitor has restarted their browser. If this cookie does not exist when HubSpot manages cookies, it is considered a new session. HTTP Cookie 1 year wisetime.com WiseTime
hubspotutk This cookie keeps track of a visitor’s identity. It is passed to HubSpot on form submission and used when deduplicating contacts. HTTP Cookie 13 months wisetime.com WiseTime
__hstc The main cookie for tracking visitors. HTTP Cookie 13 months wisetime.com WiseTime
_fbp Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers. HTTP Cookie 3 months wisetime.com WiseTime
hs_ab_test This cookie is used to consistently serve visitors the same version of an A/B test page they’ve seen before. Session Storage Session blog.wisetime.com
timekeeping.wisetime.com
news.wisetime.com
HubSpot
HUBLYTICS_EVENTS_53 Collects data on visitor behaviour from multiple websites, in order to present more relevant advertisement – This also allows the website to limit the number of times that the visitor is shown the same advertisement. Local Storage Persistent blog.wisetime.com
timekeeping.wisetime.com
news.wisetime.com
HubSpot
__hmpl Collects information on user preferences and/or interaction with web-campaign content – This is used on CRM-campaign-platform used by website owners for promoting events or products. Local Storage Persistent blog.wisetime.com
timekeeping.wisetime.com
news.wisetime.com
HubSpot
messagesUtk Stores a unique ID string for each chat-box session. This allows the website-support to see previous issues and reconnect with the previous supporter. HTTP Cookie 1 year wisetime.com
blog.wisetime.com
timekeeping.wisetime.com
news.wisetime.com
HubSpot
li_ignored n.a. Local Storage Persistent wisetime.com LinkedIn

Cookie Policy ends here



WiseTime
24 Colin Street
West Perth, WA 6005
Australia

E-Mail: contact@wisetime.com
Company Headquarters: West Perth, Australia, ABN 53 144 468 806
Represented by Thomas Haines
VAT number: ABN 53 144 468 806

WiseTime GmbH is the Global Business Development and Customer Care of WiseTime
Registered office Steinerstraße 15A, 81369 München, Germany
Legal representation: Philip Heuzenroeder
District court: Munich, HRB 222211

Legal Disclosure ends here