flourishdx.com Open in urlscan Pro
52.255.35.249  Public Scan

Form analysis
0 forms found in the DOM

Text Content

This site uses cookies. By continuing to browse the site you are agreeing to our
use of cookies. For more information, see our Privacy and Cookie Policy
Got it!
 * Features
   * Manage psychological risks
   * Promote mental wellbeing
   * Train staff
   * Create data insights
   * Receive coaching
   * Track mood
   * Turn off stress
   * Leverage strengths
   * Get enterprise Ready
     
 * Resources
   * Blog
   * Psych Health and Safety Podcast
   * Psychological health and safety guide
   * Mental Health Audit
   * ISO 45003 eLearning
   * Use Cases
   * Business Case
   * Partners
   * Join
     
 * Support
   * Contact support
   * Book a demo
   * Watch a demo
   * Legal
   * Contact us
     
 * Pricing
   

English
Français
Español
Login Get Started Free

 * Features
   
   * Manage psychological risks
   * Promote mental wellbeing
   * Train staff
   * Create data insights
   * Receive coaching
   * Track mood
   * Turn off stress
   * Leverage strengths
   * Get enterprise Ready
     
 * Resources
   
   * Blog
   * Psych Health and Safety Podcast
   * Psychological health and safety guide
   * Mental Health Audit
   * ISO 45003 eLearning
   * Use Cases
   * Business Case
   * Partners
   * Join
     
 * Support
   
   * Contact support
   * Book a demo
   * Watch a demo
   * Legal
   * Contact us
     
 * Pricing
   

Get Started Free Login
English
Français
Español


ENROL FOR FREE ISO 45003 FOUNDATIONS ONLINE TRAINING TO DISCOVER THE NEW GLOBAL
STANDARD FOR PSYCHOLOGICAL HEALTH AND SAFETY

Enrol



LEGAL NOTIFICATIONS

Privacy Policy
Terms of Service
Cookies

Last Updated: 23 September 2021

People Diagnostix respects your privacy and are committed to protecting your
personal data. Our Privacy Policy explains how People Diagnostix collects and
handles your personal information, and applies to our platform, app and website.
The Privacy Policy is intended to meet our duties of transparency under the
“General Data Protection Regulation” or “GDPR”.

Our privacy policy includes:

1. Introduction and how to contact us


2. Privacy, Personal Information, Personal Data and Employee Records


3. Purpose


4. Scope and Applicability


5. About this Privacy Policy


6. Consent


7. Privacy Principles Governing the Handling of Personal Information


8. Complaints, Enquiries and Access to Information Requests


9. How to make a Complaint, Equiries and Access to Information Requests


10. Skill, Diligence, Care


11. Breach


12. Governing Law


13. Company Information


14. Representative for data subjects in the EU and UK


We will post any modifications or changes to this Privacy Policy on this page.

1. Introduction and how to contact us

People Diagnostix Pty Limited (People Diagnostix) is a privately held entity
that provides FlourishDx (FDx) and Flourishing at School (FAS), a cloud and
smartphone based software solution for workplaces and schools wanting to
understand and promote positive employee and student mental health.

People Diagnostix applies the science of work design and positive psychology to
assess psychosocial hazards, and leading indicators of employee and student
mental health. FDx and FAS software and related products include an expansive
resource library for self-development and risk mitigation.

Under the Australian Privacy Act (Cth) 1988 (Privacy Act) 'health service'
includes any activity that involves assessing, maintaining, improving or
managing a person's physical or psychological health, as such, People Diagnostix
(We, Us, Our) is subject to the Privacy Act, and because People Diagnostix
provides services and solutions internationally, We must also comply with
privacy-related laws in other countries.

Data protection law in certain jurisdictions differentiates between the
“Controller” and “Processor” of information. For the purposes of the GDPR,
People Diagnostix is the Controller of your Personal Data. People Diagnostix is
a company registered in Western Australia and our Australian Business Number is
60 646 347 220. Our head office and address is Unit 14, 16 Brodie Hall Drive,
Bentley Western Australia 6102 Australia.

How to contact us

You can contact us by emailing: privacy@flourishdx.com

Our Data Protection Officer

The GDPR requires us to appoint a “Data Protection Officer”, this is a person
who is responsible for overseeing and advising us in relation to our compliance
with the GDPR, including compliance with the practices described in this Privacy
Policy. If you want to contact our Data Protection Officer directly, you can
email: privacy@flourishdx.com

2. Privacy, Personal Information, Personal Data and Employee Records

This Privacy Policy and Collection Statement (Policy) concerns information or an
opinion about an identified individual or an individual that is reasonably
identifiable (You). For the purpose of this Policy ‘privacy’, ‘personal
information’ and ‘personal data’ (PI) have the same meaning. The PI either
identifies, or it has the potential to identify an individual.

People Diagnostix processes identifying PI and also special categories of PI
involving physical or mental health and other conditions (Sensitive PI).

We make no distinction between employee records and other sources of PI. Neither
do we discriminate between different formats of PI (electronic records, paper
records, voice files etc.), nor whether the information or opinions are true or
not. All PI that We process and hold (where We have possession or control of a
record), or use and disclose (where the information is outside of Our possession
or control) is treated with the same respect, security and high standards.

3. Purpose

The purpose of this Policy is to inform You about the personal information that
We ‘process’ (hold, collect, record, organise, structure, store, adapt, alter,
retrieve, consult, use, disclose, transmit, disseminate or make available,
align, combine, restrict, erase, destroy and profile) about You, how We handle
it, and inform You about Your choices.

4. Scope and Applicability

This scope of this Policy extends to all personal information that We process in
the course of providing the FDx and/or FAS services, in complying with law and
managing risk.

In providing the service, this Policy extends to Our business activities which
include our client relationships, internal operations (management, employees,
temporary staff, contractors) and external operations (third parties such as
business partners and service providers).

The scope of this Policy extends to our external client-facing activities such
as Our online presence at www.peoplediagnostix.com.au, www.flourishdx.com,
www.flourishingatschool.com and to the personal information that is collected
through Our Websites and the use of email for general communications and
marketing purposes.

This Policy does not extend to third party websites or to social media accessed
via links on Our Website or email communications. Use of third-party links and
social media will be governed by the privacy policies and terms of use of the
relevant service providers.

5. About this Privacy Policy

This Policy is written in simple language so that it is easy to understand. If
something is not clear, We invite You to contact Us so that We can provide
assistance. Our contact details are provided in section 13 below. They will also
be provided every time that We make contact with, an individual.

This Policy outlines the current personal information handling practices of
People Diagnostix. We will update this Policy when Our information handling
practices change and We will publish updates on Our Website and through Our
email distribution lists.

While We publish Our Privacy Policy on Our Website so that it is easily
accessible, We also make copies available on request in paper format. In most
circumstances We do not charge a fee for providing a copy of the Policy. If
however, a request is made for a copy in some other format (foreign language
requirements or those linked to disabilities such as sight or hearing
impairment), special arrangements may need to be made and a charge may apply.

6. Consent

In all cases where consent is required, whether it be express consent (verbal,
in writing, click-wrap tick box) or implied consent (browse-wrap without a
tick-box and other behaviour which indicates consent through continued use), it
must be voluntary, current, specific and based upon adequate information about
the circumstances and choices available to You as an individual. Naturally, You
must have the capacity to understand, to give (for example be 16 years or older)
and communicate consent. If you are unable to provide consent you must not
access our Services until a parent or guardian is able to consent on your
behalf. Individuals who are not sure about giving consent are encouraged to
contact Us. See section 13 for contact details.

7. Privacy Principles Governing the Handling of Personal Information

People Diagnostix is committed to making every reasonable effort to manage
personal information in an open and transparent way and in compliance with the
Privacy Act and any other privacy-related laws in other countries which relate
to the services provided by People Diagnostix.

7.1 Open and Transparent Management of Personal Information

To support this commitment, We have implemented practices, procedures and
systems to align Our handling of personal information with principles that have
been derived from Australian privacy law, relevant international law,
international standards and best practice.

These practices, procedures and systems are intended to regulate Our internal
and external business operations through the use of administrative, technical
and physical controls. The legal notices published on Our Website are examples
of Our administrative controls. Technical and physical controls are generally
not made publicly available for security reasons (security through obscurity).

This Policy, together with Our Website Terms of Use and Email Legal notice, sets
out how We provide for open and transparent management of personal information,
to give individuals the ability to make informed choices about People Diagnostix
services and communications with Us.

7.2 Anonymity and Pseudonymity

As an individual, You can choose to remain anonymous (You cannot be identified
and We do not collect personal information), or You can choose to use a
pseudonym (You can use a name, term or description that is different from Your
own) when dealing with Us.

Circumstances where We give individuals the option to remain anonymous or to use
a pseudonym include, for example, where individuals prefer not to be identified,
to be left alone, to avoid direct marketing, to keep their whereabouts and
choices from others, and to express views in the public arena without being
identified.

Examples of circumstances where We Will need to know the identity of the person
that We are dealing with relate to the provision of the People Diagnostix
services, where identification is required or authorised by law, where a refund
is requested, for dispute resolution, where access to information is requested
for correction and where cost becomes excessive or impractical without knowing
the identity of an individual We are dealing with.

7.3 Collection of Solicited Personal information

Information we generally collect

We are committed to collecting personal information by lawful and fair means and
wherever possible only collecting it directly from the individual concerned.

We collect personal information from individuals where the information is
reasonably necessary for one or more of the People Diagnostix functions,
activities and legal obligations relating to the FDx and/or FAS services that We
provide.

In providing People Diagnostix services to individuals We collect “Sensitive
PI”. This Sensitive PI is provided by the individual themselves, or, by an
organisation, partner or other stakeholders such as a university. Where We
collect Sensitive PI, We always ask for prior consent in “writing”, where
writing includes electronic forms of writing including, but not limited to email
and ticking a box in an online form.

Broadly, we collect and process PI and Sensitive PI such as name, age, email
address, location (city and country), sex and other demographic data that is
applicable to the workplace or school context.

FDx and FAS contain surveys that collect different levels of information. This
includes employees’ perceptions of their work experiences, related outcomes and
general wellbeing. Our FDx and FAS services offer surveys that clients can
customise to their organisation’s context. The aim of these (and possible
future) online survey(s) is to provide a periodic assessment of well-being and
social/environmental determinants of wellbeing.

For internal human resourcing, We also collect sensitive personal information,
such as religious beliefs, trade union memberships and health information when
it is required for employment reasons, or by law. We may solicit or request
personal information from a third party such as an employment agency or referees
in the context of employment.

In most instances, even for non-sensitive PI where We collect personal
information, We only do so after a direct request to, and with the consent of
the individual to whom the information relates.

In exceptional circumstances and for human resourcing, or when authorised or
required by law, We may collect personal information from some source other than
the individual themselves.

Where We provide People Diagnostix services to an organisation, such as a
workplace We do solicit personal information from the organisation about an
individual, but We still require the consent of each individual before their
personal information is shared with Us. Our service agreement with workplace
clients requires that Your consent is provided to the workplace and then to Us.

Information specific to account Administrators

Single sign-ons: If you choose to register or login using a third-party account
(such as Azure Active Directory), the authentication of your login details are
handled by that third party and we only collect the information you expressly
agree to share with us at the time you give permission to link your FlourishDx
account with the third party account. By using an Azure Active Directory Single
Sign-On account (or other supported SSO), you are allowing us to access your
Azure Active Directory (or other supported SSO) account information.

Human Resources Information System data: If the Customer uses a third-party
human resource information system to import information into Services, we will
also receive information from that third party (for example, your name, email
address and demographic data).

Billing details: If you use a credit card for billing, our credit card processor
may collect information such as the cardholder’s name, billing address, email
address, credit card number, expiry date and credit card security code.

7.4 Dealing with Unsolicited Personal information

Personal information is sometimes provided to Us in circumstances where We have
not requested it. In these circumstances, where the information is unsolicited,
We will examine whether it could have been collected under in circumstance under
section 7.3 above. We will then apply Our minds and decide whether this
unsolicited information should be retained, de-identified or destroyed. Having
made that decision, We will implement the decision within a reasonable time.

7.5 Notification of the Collection of Personal Information

This Policy, other legal notices published on Our website and Our internal
practices, procedures and systems (administrative controls) are Our way to
ensure that individuals know about the personal information that People
Diagnostix collects.

We are committed to making all reasonable efforts to inform individuals about
the personal information We collect before We collect it, for example by making
this Policy and Our other Legal Notices publicly available. We will also inform
individuals about collection at the time We collect personal information, for
example when workplaces engage Us to provide People Diagnostix services, through
website activity and other forms of communication such as email.

In exceptional circumstances where this does not happen, for example, when We
receive unsolicited personal information from a third party which We decide to
retain, We will inform individuals as soon as reasonably possible after the
collection of personal information.

Through this Policy and other legal notices published on Our Website, We seek to
ensure that individuals are informed about the reasons for the collection, and
that they know how to contact the accountable office bearers at People
Diagnostix. See section 15 below for details.

7.6 Use or Disclosure of Personal Information

Where We hold personal information about an individual that was collected for a
particular purpose (the primary purpose) We will not use or disclose the
information for another purpose (a secondary purpose) unless required or
authorised by law, the individual has consented, or the individual would
reasonably expect Us to use or disclose it for a related purpose. An example of
a related purpose in these circumstances might be disclosure to a next-of-kin or
health care provider in the case of an employee.

In some circumstances, for example, where We believe that the People Diagnostix
service may be improved through new technologies such as data science
(analytics), or where We see a benefit to individuals, We may use personal
information that has been provided to Us by the individual themselves or
received from third parties for a purpose that is different from the purpose for
which it was given to Us in the first place. Where We do this, We will use
and/or disclose the personal information in a de-identified format.

Broadly speaking, We use (process, handle and manage) personal information
internally for 2 reasons:
 * To provide People Diagnostix services:
   Examples include: Name, address (physical, postal, email and Internet
   Protocol address), telephone numbers and, cookies; and
 * For internal human resourcing:
   Examples include: Name, address (physical, postal, email and Internet
   Protocol), health information, medical service provider and counselor
   details, next-of-kin, spouse or partner, banking details, tax, photo
   identity, trade union membership, religious beliefs, gender, cultural and
   ethnic identity, qualifications, training and the like.

We do not collect biometric forms of personal information such fingerprints.

We also use and retain personal information records which are required to be
retained for legal, business and evidential reasons. Sometimes these come from
external sources and third parties.

Broadly speaking We disclose personal information (release it outside of Our
possession or control) for the same primary reasons listed above, providing the
service, for human resourcing and where there is a legal obligation to do so.

7.7 Direct Communications

When We provide a service to individuals and to workplaces, We ask for consent
to communicate directly with the individuals concerned in order to provide the
service.

Whenever We do, We allow individuals to opt-out of receiving direct
communications. When individuals request Us to stop communicating with them, We
will comply with that request. However, we will still need to send certain
account-related emails, such as purchase details or requests for password resets
to fulfil Our service provision obligations.

We would also like to send you information about our Services that we think may
be relevant to you. If you have agreed to receive marketing, you may always
opt-out at a later date.

If an individual requests information about how We came to have their personal
information, We will respond, and provide the source of an individual’s personal
information wherever possible. We will respond to these requests within a
reasonable time (thirty (30) business days).

We do not disclose, sell or share personal information with third parties for
direct marketing purposes unless the individual opts into receiving such
information from third parties.

7.8 Cookies and tracking technologies

Cookies are text files placed on your computer to collect standard internet log
information and visitor behaviour information. When you visit our websites or
use our Services, We may collect information from you automatically through
cookies or similar technology.

For further information, visit allaboutcookies.org.

We and our marketing partners or service providers, use technologies such as
cookies, to analyse trends, administer our Website, track users’ movements
around the Website, and to gather demographic information about our user base.
We may receive data based on the use of these technologies by these companies on
an individual and aggregated basis. We may share some limited aspects of this
data with third parties for advertising purposes. We may also share online data
collected through cookies with our advertising partners. This means that when
you visit another website, you may be shown advertising based on your browsing
patterns on our Website.

We use cookies to remember users’ settings and preferences, such as language you
prefer and location you are in and for session management to understand how
people use our website and Services so that we can make it more intuitive to the
User. Users can control the use of cookies at the individual browser level. If
you reject cookies, you may still use our Services, however the Services may not
function as intended and/or have reduced function.

Please see our Cookie Policy  for more information on what cookies and tracking
technologies we use in our Services.

7.9 Cross-border Disclosure of Personal Information

People Diagnostix operates from offices in Western Australia, Melbourne and
Singapore and may add additional locations as the business grows. These
operations include all aspects of internal operations that support the service
that We provide as well as the provision of ‘live’ services (where personal
information travels over telecommunications lines) and the storage of static
personal information in data warehouses and on information systems.

People Diagnostix clients are located in Australia, the European Union (EU),
Singapore, United States of America (USA), Canada, and the United Kingdom (UK).
Over time we will extend the services to other jurisdictions with the result
that personal information flow (is exported and imported) between these
countries. Upon request, we can arrange for your data to be stored in the
sovereign region of your choice, note this may incur an additional charge. There
may be times when your Personal Information may be transferred, disclosed, or
processed in another country. For example, if you contact our support team, any
information you provide us in the support request (including personal
information such as your name and email address) will be processed and hosted in
Australia due to the location of our support team.

Because information systems enable Our FDx service, Personal information
collected or used by Us may be located or disclosed in transit and in a static
format in countries outside Australia, in the countries mentioned above, or
elsewhere. Wherever reasonably possible, we meet international best practice
standards and employ recognised mechanisms such as contractual clauses and other
agreements.

We employ ‘Cloud’ technology services, and these too meet international best
practice standards and employ recognised mechanisms such as contractual clauses.

People Diagnostix relies on various third-party service providers such as
telecommunications providers, and Internet Service Providers. These are based in
Australia, the EU, UK and USA.

Our operations include all aspects of internal and external business that
support Our services such as (where personal information travels over
telecommunications lines) and the storage of static personal information in data
warehouses and on information systems.

7.10 Quality of Personal Information

We are committed to taking such steps as are reasonable in the circumstances to
ensure that the personal information We collect, hold, use and disclose
(process) is, having regard to the purpose of the use or disclosure, accurate,
up-to-date, complete and relevant.

To do this, We ask individuals to assist Us. We provide various technical means,
including email notifications and user registration access where individuals can
access, verify and update personal information records that We hold. We ask
individuals to participate by ensuring their information is accurate,
up-to-date, complete and relevant. Individuals are also encouraged to use the
access and correction facilities that We provide. See sections 7.12 and 7.13
below.

7.11 Security of Personal Information

We are committed to taking reasonable steps to protect personal information that
We hold from misuse, (wrong or improper use) interference (access even where the
content is not necessarily modified) and loss (accidental, inadvertent,
misplaced personal information).

We are also committed to securing personal information from unauthorised access
(by someone that is not permitted access the information), modification
(alteration by someone that is not permitted to do so, or who acts beyond the
scope of their authority to modify personal information) and unauthorised
disclosure (where personal information is released from Our effective control
without authority).

To comply with law and manage risk, Our practices, procedures and systems aim to
protect the confidentiality, integrity and availability of Our information
systems and information, especially the personal information that We collect,
hold, use and disclose.

Where there is no legal obligation to retain records and evidence, and in
circumstances where We no longer need personal information to provide People
Diagnostix services or for any purpose for which the information may be used or
disclosed under Australian law, We take reasonable steps to destroy the
information or to ensure that the information is de-identified.

Our information security and privacy practices include circumstances where Our
data handling practices are outsourced to third parties. Because of this We
endeavour wherever possible to bind third party service providers through
appropriate legal agreements. We also endeavour to monitor their privacy and
security practices where possible

We are ISO 27001 certified.

7.12 Access to Personal Information

Where We hold, or have the right and power to deal with personal information
(for example, where it is stored by one of Our third party service providers),
We will, on request by an individual, normally give that individual access to
their information.

We do this so that individuals know what information We hold on them and because
it assists Us to ensure that the personal information that We hold is
up-to-date, complete and relevant.

In considering a request for access to personal information by an individual, We
will require identification. We reserve the right not necessarily to give access
to an individual to their personal information in circumstances, for example,
where provided for in law, in instances of commercial sensitivity and where a
third party may be negatively affected.

We will respond to an individual’s request for access to their information
within a reasonable time (thirty (30) business days), and We will consider
reasonable requests for access to be given in a particular format, for example,
through user registration login, by facsimile, email and postal services. As a
matter of courtesy, We will provide reasons for the refusal if access is
refused.

No charge will apply when an access to information request is received. We do
however reserve Our rights to charge a fee where We incur costs, for example,
for photocopying, postage and costs associated with using an intermediary if one
is required.

7.13 Correction of Personal Information

Where We hold personal information, We will take reasonable steps to correct it
to ensure that, having regard to the purpose for which We hold it, it is
accurate, up-to-date, complete, relevant and not misleading.

You, as an individual may request that We correct personal information that We
hold about You in circumstances where You believe that the information is
inaccurate, out of date, incomplete, irrelevant or misleading.

In considering a request for the correction of personal information that We
hold, We will require identification of the requesting individual. We reserve
the right not necessarily to effect the changes sought, but undertake to
consider reasonable requests and to associate a statement to the record
reflecting Our refusal to correct the failed request for correction if We
consider refusal the appropriate action.

We will respond to a request to change information within a reasonable time
(sixty (60) business days) although changes sought may take longer, for example,
because We may need to contact and notify other organisations and individuals
about the request.

No charge applies for making a request, correcting personal information or
associating a statement for refusal to change a record.

As a matter of courtesy, We will provide reasons for the refusal if correction
is refused, and also a reminder of the complaint process available to
individuals that feel aggrieved by the refusal.

7.14 Additional Data Protection Rights

In addition to 7.12 and 7.13 we would like to make sure you are fully aware of
all of your data protection rights. Every user is entitled to the following:

Right to erasure: You have the right to request that We erase your personal
data, under certain conditions

Right to restrict processing: You have the right to request that We restrict the
processing of your personal data, under certain conditions

Right to object to processing: You have the right to object to Our processing of
your personal data, under certain conditions

Right to data portability: You have the right to request that We transfer the
data that we have collected to another organisation, or directly to you, under
certain conditions

In considering a request to exercise data protection rights by an individual, We
will require identification. We reserve the right to refuse an individual’s
request in circumstances, for example, where provided for in law, in instances
of commercial sensitivity and where a third party may be negatively affected. As
a matter of courtesy, We will provide reasons for any such refusal.

We will respond to an individual’s request regarding their data protection
rights within a reasonable time (sixty (60) business days).

7.15 Retention Period

Our Company will keep your Personal Information for up to one (1) year after the
cessation of any Services provided that includes the processing of PI. Once this
time period has expired, we will delete or de-identify your data.

In some circumstances, for example, where We believe that the People Diagnostix
service may be improved through new technologies and techniques such as
predictive analytics, or where We see a benefit to individuals, We may use
personal information that has been provided to Us by the individual themselves
or received from third parties for a purpose that is different from the purpose
for which it was given to Us in the first place. Where We do this, We will use
and/or disclose the personal information in a de-identified format and retain
this data for an indefinite period

8. Complaints, Enquiries and Access to Information Requests

In most circumstances, the Australian Information Commissioner will not
investigate a complaint if an individual has not first raised the matter with
Us. For this reason, We ask individuals to agree to submit all complaints
relating to this Policy to Us first, so that We have an opportunity to resolve
complaints before they proceed to any relevant authority. Individuals are asked
to direct all complaints and enquiries to Us at privacy@flourishdx.com and to
see sections 9 and 13 below for further details.

Should you wish to report a complaint that you feel that People Diagnostix has
not addressed your concern in a satisfactory manner, you may contact the
Australian Information Commissioner.

9. How to make a Complaint, Enquiries and Access to Information Requests

Individuals wanting to lodge a complaint can make general enquiries, request
access to their information and complain to Us in writing. This includes email
communications but excludes text and social media.

We will respond to complaints within a reasonable time (thirty (30) business
days). As in the case of requests to change information, a longer response time
may be needed, for example, because We may need to contact and notify other
organisations and individuals affected by the complaint. In this case We will
endeavour to respond within sixty (60) business days.

Should you wish to report a complaint that you feel that People Diagnostix has
not addressed your concern in a satisfactory manner, you may contact the
Australian Information Commissioner.

10. Skill, Diligence, Care

People Diagnostix will exercise reasonable skill, diligence and care as may
reasonably be expected from a similar service provider.

11. Breach

If, and when, People Diagnostix suspects, or becomes aware of a breach of its
network or information systems resulting in unauthorised access to, or
unauthorised disclosure of personal information likely to result in serious harm
to any individuals to whom the information relates; or where information is lost
in circumstances that may lead to unauthorised access to, or unauthorised
disclosure of personal information, People Diagnostix will:

 * Take remedial action;
 * notify the individuals concerned, and notify the Office of the Australian
   Information Commissioner (Commissioner): and
 * Work with the individuals concerned and the Commissioner to protect everyone
   and everything concerned.

If You suspect or become aware of a breach or an impending breach, please
contact us as a matter of urgency on privacy@flourishdx.com

12. Governing Law

The principles outlined in this Privacy Policy and Collection Statement shall be
governed by and interpreted in accordance with the laws of Western Australia.

13. Company Information

Name People Diagnostix Pty Ltd Physical address and the address for receipt of
legal service of documents 14/16 Brodie-Hall Dr, Bentley, Western Australia,
6102 Phone numbers +61 (0) 1300 739 426 Website address
www.peoplediagnostix.com.au Email address privacy@flourishdx.com ABN 60 646 347
220

14. Representative for data subjects in the EU and UK

We value your privacy and your rights as a data subject and have therefore
appointed Prighter Group with its local partners as our privacy representative
and your point of contact.

Prighter gives you an easy way to exercise your privacy-related rights (e.g.
requests to access or erase personal data). If you want to contact us via our
representative Prighter or make use of your data subject rights, please visit
the following website. https://prighter.com/q/15482170900

Last Updated: 21 September 2021

1. Introduction

People Diagnostix Pty Limited (People Diagnostix) is a privately held entity
which provides FlourishDx (FDx) and Flourishing at School (FAS), a cloud and
smartphone based software solution for workplaces, universities and schools
wanting to understand and promote positive mental health. Based in Western
Australia, People Diagnostix provides services and solutions internationally.

People Diagnostix (Our) FDx and FAS products are provided primarily for
educational purposes, to teach users (You) evidence-based approaches to stay
mentally healthy and optimise wellbeing. Email is an integral part of Our
product functionality and an important means of communicating with clients,
service providers and third parties. Please also see Our Email Legal Notice and
Privacy Policy and Collection Statement published at
www.peoplediagnostix.com.au, www.flourishdx.com and www.flourishingatschool.com
which are related notices.

This Terms of Use Agreement (Agreement) is a legal Agreement between You as a
user of FlourishDx and/or Flourishing at School and Us, the registered owners of
these products. If You do not agree to these terms, You must not use FlourishDx
or Flourishing at School. Continued use means that You agree.

2. Commencement, Availability, Termination

This Agreement commences when You first visit the Website and/or download the
App and continues until changed or terminated by Us. We reserve Our rights to
change or discontinue any aspect of the App and/or Website including the Terms
of Use. It is Your responsibility to ensure that You read and understand the
Terms of Use which are made available by Us only in English.

3. Intellectual Property

The App and Website includes intellectual property such as domain name,
copyright, trademark, and design, protected under Australian law and
international agreements. We own or are licensed to use this intellectual
property. We grant You a limited license to make a temporary electronic copy of
all or part of the Website, download the App to your smartphone, and to print
limited hard copy versions for Your personal use providing that all material is
properly attributed. You may not commercially exploit, modify, claim ownership
of, link to or incorporate Our App or Website content elsewhere without Our
prior written consent.

4. Website Information and Records

We are committed to complying with legal, business and evidential requirements
for information and records. We make reasonable efforts to ensure that the
information You provide to Us through the App, Website and related email
functionality is secure and processed in accordance with Our Privacy Policy. It
is Your responsibility to keep records and backups of Your information.

5. Acceptable Use of App, Website and Email Functionality

You agree to the acceptable use of Our App and Website and the email
functionality connected with the FDx and FAS products. You undertake not to use
these services in an unlawful way or in any way that interferes with Our or
other visitors’ use and enjoyment of, or access to these services. You agree
that You are personally liable for the consequences of the improper use of these
services and failure to comply with relevant law. If You are aware of
unacceptable use by a third party, please contact Us at privacy@flourishdx.com
and tell Us about it.

7. Communication

You agree that We may approach You or send You information including,
information about Our services. You will always have the choice to inform Us in
writing that You do not want Us to communicate with You and/or to opt-out of
these communications.

8. Damages Arising from Email from People Diagnostix

Information technologies including telecommunication systems and networks expose
People Diagnostix to dynamic security and business risk. People Diagnostix
manages this risk in accordance with Australia law and through its policies,
procedures and guidelines to prevent unauthorised access to or abuse of its
systems and networks. While People Diagnostix is committed a reasonable standard
care and diligence, People Diagnostix cannot and will not be liable for damages
arising from the use of its Website which are beyond its control.

9. Complaints and Alternative Dispute Resolution

You agree to submit all complaints relating to this Agreement to Us first, so
that We have an opportunity to resolve Your complaint before You proceed to any
relevant authority. Please direct all complaints to privacy@flourishdx.com
Subject to the above, You agree to confidential arbitration prior to proceeding
to court or other forum. You expressly acknowledge that the arbitration
proceeding agreed to prevent You from entering a class action lawsuit against Us
in relation to any dispute arising from this Agreement. Nothing in this
Agreement prevents either Us or You from approaching a court of competent
jurisdiction for an interdict or for relief on an urgent basis.

10. Enforceability

You Agree that any electronic record, message, copy, printout or extract of
these, signed by one of Our personnel will be absolute proof of the contents of
the record, message, copy, printout or extract. No failure or delay by Us or You
to exercise a right in this Agreement shall prevent Us or You from exercising
Our rights in future. If a term of this Agreement is invalid, unenforceable or
illegal, the remaining terms shall continue in full force and effect unless the
invalidity, unenforceability or illegality goes to the root of this Agreement.

11. Limitation of Liability, Indemnity, No Warranty

You agree that the App and Website is provided on an “as is” and “as available”
basis and that Your use of this App and Website is at Your sole discretion and
risk. You agree that We will not be liable for any direct, indirect or
consequential damages suffered by You arising from Your visit to the App,
Website, this Agreement or otherwise. We will take reasonable care to ensure the
accuracy of information and the availability of the App and Website, but make no
representations, warranties or guarantees in any way because it is provided for
general information purposes only and at Our discretion alone. To the fullest
extent permissible in law, You hereby unconditionally and unreservedly indemnify
and hold Us, Our directors, employees, consultants, agents, licensors and
service providers, harmless against all loss, damages, claims, liability and/or
costs, of whatsoever nature, howsoever and whensoever arising.

12. Links to External Third Party Websites and Social Media

For Your convenience, We provide links to external third party websites and
various social media resources. You agree that this does not mean that We
endorse these and that You are entirely responsible for Your use and access to
all other websites and media. The terms and conditions pertaining to the
external third party Websites and media themselves will prevail where relevant.

13. Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws
of Western Australia.

14. Skill, Diligence, Care

We will exercise reasonable skill, diligence and care as may reasonably be
expected from a similar website provider.

15. Company Information

Name People Diagnostix Pty Ltd Physical address and the address for receipt of
legal service of documents 14/16 Brodie-Hall Dr, Bentley, Western Australia,
6102 Phone numbers +61 (0) 1300 739 426 Website address
www.peoplediagnostix.com.au Email address privacy@flourishdx.com ABN 60 646 347
220

Last Updated: 21 September 2021

1. Introduction

People Diagnostix Pty Limited (People Diagnostix, Us, We, Our) is a privately
held entity which provides cloud-based software solutions for workplaces,
universities and schools wanting to understand and promote positive mental
health. Based in Western Australia, People Diagnostix provides services and
solutions internationally.

2. Purpose and Relationship to Privacy Policy and Collection Statement

Our Privacy Policy and Collection Statement sets out how We ‘process’ (hold,
collect, record, organise, structure, store, adapt, alter, retrieve, consult,
use, disclose, transmit, disseminate or make available, align, combine,
restrict, erase, destroy and profile) information about You.

This Cookie Policy sets out how we process personal information in relation to
information communication technologies such as, cookies, tracking and
advertising, all of which are necessary to the provision and the quality of
People Diagnostix Service.

3. Cookies

Cookies are text files (state information) supplied by a web server to a
browser, in response for a requested resource, for the browser to store
temporarily and return to the server on any subsequent visits. Cookies are sent
by People Diagnostix to a user’s computer or mobile device, and they are unique
to a user’s account or browser.

People Diagnostix and our partners, affiliates and service providers use cookies
and other tracking technologies to ensure users have the best possible
experience. We use two kinds of cookies; (i) session-based cookies, which last
only while a user’s browser is open, and which are automatically deleted when a
browser is closed, and (ii) persistent cookies, which last until a user or a
browser deletes them, or until they expire.

4. Web Beacons, Advertising Technologies (Tracking Objects)

A web beacon is a tiny image (object file), are also called a; tracking bug,
bug, tag, page tag, tracking pixel, pixel tag, 1x1 gif, single pixel gif, clear
gif, and sometimes, JavaScript tag.

Unlike cookies, which can be accepted or declined by a browser user, a web
beacon arrives as a Graphic Interchange Format (GIF) or other file object. Web
beacons for tracking are placed on a user’s computer to track the user’s
activity on different web and mobile sites, creating a detailed profile of the
user’s behaviour. JavaScript, a core technology of web content production is
used to make webpages interactive and provide online programs and services.

A web beacon is invisible to a user, and placed on web and mobile pages, and in
email messages, in such a way to enable People Diagnostix to track a user’s use
of web servers and collect information, which allows Us to monitor user
behaviour including content accessed. Web beacons or other file objects allow Us
to use, access and manipulate (read and write) a user ‘s accessible files.

Web beacons can gather the following information and can be used for analytics
(processing):

 * The IP address of the device that fetched the web beacon;
 * The URL of the page that the web beacon is located on;
 * The URL of the web beacon;
 * The time the web beacon was viewed;
 * The type of browser that fetched the web beacon; and
 * A previously set cookie value.



When a recipient user opens an email message that includes a web beacon, the
email address of the user is validated when the beacon returns information to
People Diagnostix confirming that the message has been opened.

The technologies used in providing the People Diagnostix service and products
all process personal information.

5. How People Diagnostix Use Cookies and Tracking Objects

Some cookies are associated with a user account and personal information in
order to remember that the user is logged in and to record where the user logged
in. Some cookies are not tied to a user account, but are unique, and allow
People Diagnostix to carry out analytics, specific services and customisation.
Cookies are used to recognise a user, to remember the user’s preferences, and to
give the user a personalised experience that is consistent with the user’s
settings and preferences.

Other uses of these technologies include:

 * Authentication – When a user signs in to People Diagnostix services, cookies
   help Us show the user the right information and personalise the user’s
   experience.
 * Security - People Diagnostix uses cookies to enable and support security
   features and detect malicious activity.
 * Services - Cookies inform Us about language and communication. They enable
   users to fill in online forms, and provide users with features, insights, and
   customised content.
 * Performance and analytics - Cookies help Us learn how well Our Sites and
   Services perform. We also use cookies to understand, improve, and research
   products, features, and services, including to create logs and record when
   you access our sites and services from different devices, such as your school
   or home computer, or your mobile device;
 * Marketing – We may use cookies to help Us deliver marketing campaigns and
   track the performance of the campaign. Our partners may use cookies to
   provide Us with information about user interactions with their services, but
   use of those third-party cookies is subject to the service provider’s
   policies. Cookies help provide Us with aggregated auditing, research, and
   reporting, and inform Us when content has been shown to a user.
 * Back-end Systems - While advertising and tracking technologies include
   digital banner advertisements, they also include the back-end systems that
   help direct advertising to a target audience.



The technologies used in supporting and advertising the People Diagnostix
service and products all process personal information.

6. Use Without Cookies and Tracking Objects

If a user limits the ability of websites and applications to set cookies, and
other related tracking technologies, the user is likely to detract from the
overall user experience. As a result the site will not be personalised, the user
may lose the ability to access the services, and/or the user will be prevented
from saving customised settings, like login information.

7. How to Opt-out

Users can opt-out of cookies being set, can remove cookies that have been set,
and opt-out of interest-based advertising (targeting). To do this, users will
need to visit the web browser help pages of their browser manufacturer. Some
examples include:

 * Google Chrome
 * Internet Explorer
 * Android Browser
 * Safari



Most browsers give users the ability to manage cookies. In some browsers users
can set up rules to manage cookies on a site-by-site basis. This means that a
user can disallow cookies from all sites except those that the user wants and
trusts, giving the user a greater degree of control over their privacy.

A user can opt-out of third party cookies from Google Analytics on its website.
A user can change device settings to control whether online interest-based
advertising can be seen on their smart phones and other mobile devices. A user
can register, check or remove their Australian telephone, mobile and fax numbers
to opt out of receiving most unsolicited telemarketing calls and faxes via the
Do Not Call Register located at https://www.donotcall.gov.au/.

Web beacons can be detected if a user looks at the source version of the page to
find a tag that loads from a different web server than the rest of the page. It
may be necessary for a user to use a third party browser-based add-in solution
that run on browsers. These can be identified online.

8. Complaints and Enquiries

Users agree to submit all complaints relating to this Cookie Policy to Us first,
so that We have an opportunity to resolve complaints before users proceed to any
relevant authority. Users should please direct all complaints and enquiries to
Us at privacy@flourishdx.com




Name People Diagnostix Pty Ltd Physical address and the address for receipt of
legal service of 14/16 Brodie-Hall Dr, Bentley, Western Australia, 6102 Phone
numbers +61 (0) 1300 739 426 Website address www.peoplediagnostix.com.au Email
address privacy@flourishdx.com ABN 60 646 347 220


END USER LICENCE AGREEMENT

--------------------------------------------------------------------------------


This Software Licence Agreement (the "Agreement") is a legal document that binds
registered End Users to certain obligations contained herein. You understand and
agree that the software application services described below are provided to End
Users under this Agreement by People Diagnostix Pty Ltd, (referred to hereunder
as "People Diagnostix", "We," or "Us"), an Australian company with offices
located at Unit 14, 16 Brodie-Hall Drive Bentley Western Australia.

PLEASE READ THIS AGREEMENT CAREFULLY. IT IS AN EXPRESS CONDITION THAT ALL USERS
WHO ACCESS THE SERVICES AND USE THE SOFTWARE ACCEPT THE TERMS AND CONDITIONS OF
THIS AGREEMENT.

BY CLICKING ON THE “I AGREE” BOX BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT,
CLICK THE “I DO NOT AGREE” BOX, EXIT IMMEDIATELY AND DO NOT USE THE SERVICES.

People Diagnostix provides the FlourishDx for assessment and educational
purposes. End User desires to license the software solution from People
Diagnostix, and People Diagnostix desires to grant a licence to the software
solution pursuant to the terms and conditions hereof.

In consideration of the agreements contained below, the Parties hereby agree as
follows:

1. Definitions

In this Agreement, including the recitals, unless the context otherwise
requires:

Additional Seats means additional Seats purchased by the Subscriber after the
Effective Date of this Agreement;

Address For Service means, in respect of a Party, that Party’s Address for
Service or as varied by prior notice;

Administrator means the Administrator nominated by the Subscriber during the
Service sign up process (who shall be an End User) or the End User nominated by
the Subscriber from time to time to replace the Administrator;

Administrator Account means an End User Account which allows the Administrator
to perform the Administrative Functions;

Administrative Functions includes the creation of End User Accounts, access to
de-identified and aggregate data arising from End Users’ use of the Services,
and delegation of these functions to other End User Accounts at the discretion
of the Administrator;

Agreement means this agreement;

Effective Date means the date that this Agreement is entered into;

End User means an employee or representative of the Subscriber who is allocated
a Seat in accordance with this Agreement and who is authorised by the Subscriber
and People Diagnostix to use the Services;

End User Account means an account that is transferrable within a Subscriber that
permits an End User to use the Services;

Initial Seats means the number of Seats purchased pursuant to this Agreement as
of the Effective Date;

Legal Notices means the Legal Notices available at www.flourishdx.com;

Parties means the parties to this Agreement;

Seat Payment means the Seat Price multiplied by the number of Seats purchased
pursuant to this Agreement;

Seat Price means the price payable per Seat;

Seats means the number of End User Accounts that the Subscriber is entitled to
create during the Subscription Term;

Services means access to and use of the Software;

Sign and Signature shall include signs made by hand on paper and electronic
signatures.

Software means FlourishDx, being People Diagnostix’s cloud-based software;

Subscriberthe organisation that engages the End User that is authorised to use
the Services (also referred to as “You”);

Subscription End Date for monthly subscriptions this means the date that is
exactly thirty(30) days after the Subscription Start Date.For annual
subscriptions this means the date that is exactly twelve(12) months after the
Subscription Start Date;

Subscription Start Date means the date of payment for service;

Subscription Term means the period commencing on the Subscription Start Date and
expiring on the Subscription End Date.

Writing and Written for the purposes of this Agreement shall include writing on
paper and email (including email provided through the functionality on the
People Diagnostix’s web and mobile sites), but shall not include text messages
or other electronic forms of writing.

2. Licence

2.1 People Diagnostix grants to the Subscriber, and the Subscriber accepts from
People Diagnostix, a limited, non-exclusive, non-transferrable right to use the
Services during the Subscription Term and only for the Permitted Use.

2.2 The Services shall not be used by any person that is not an End User.

2.3 The Subscriber must ensure that its End Users use the Services in accordance
with the terms and conditions of this Agreement.

2.4 The use of the Services by the Subscriber or any End User pursuant to this
Agreement shall be subject to the Legal Notices.

3. Seats

3.1 Subject to receipt of all amounts payable set out at clause 5, People
Diagnostix shall ensure that:

3.1.1 On the Subscription Start Date: (a) Services commence; (b) the Initial
Seats and any Additional Seats purchased prior to the Subscription Start Date
are made available to the Subscriber; and (c) one of those Seats is allocated to
the Administrator who is granted access to the Administrator Account;

3.1.2 Any Additional Seats purchased after the Subscription Start Date are made
available to the Subscriber upon receipt of payment of the Seat Payment.

3.2 All Seats purchased pursuant to this Agreement expire on the Subscription
End Date.

4. Administrator and End Users

4.1 The Administrator is authorised to perform the Administrative Functions on
behalf of the Subscriber.

4.2 All access to the Services granted to End Users under this Agreement shall
be subject to the Legal Notices provided at www.flourishdx.com.

4.3 The Subscriber shall ensure that all End Users comply with the terms of the
Legal Notices and the Subscriber shall be liable for any breach of the Legal
Notices.

4.4 The Subscriber must ensure that:

4.4.1 it obtains any necessary consent from its End Users to access and use the
Services; and

4.4.2 its End Users are aware of and comply with the terms and conditions of
this Agreement.

5. Seat Payments

5.1 The Subscriber shall pay to People Diagnostix the Seat Payment in respect of
the Initial Seats:

5.1.1 For monthly subscribers and annual subscribers with less than 100 seats
payment is due immediately via credit card.Access to the Services will not be
granted until payment is received

5.1.2 For annual subscribers with more than 100 seats; People Diagnostix will
issue an invoice that is due within 14 days of the Effective Date or on the
Subscription Start Date, whichever is the earlier.

5.2 The Seat Price and all other amounts are exclusive of value added taxes such
as VAT or GST unless otherwise indicated.

5.3 The Seat Price for a Seat is fixed, regardless of whether the Seat is
purchased or allocated to an End User after the Subscription Start Date or not
allocated to an End User at all.

5.4 The Subscriber shall provide a valid credit card; electronic funds transfer
or other acceptable method of payment to People Diagnostix and shall take all
necessary steps to authorise payment of all amounts payable pursuant to this
clause 5.

5.5 A Subscriber’s account will be cancelled without notice, at the sole
distraction of PDx if the Seat Payment is overdue.

5.6 Upon purchase of Additional Seats, Subscriber shall pay People Diagnostix
the Seat Payment for all Additional Seats at the time of purchase.

5.6.1 Where the number of Additional Seats exceed the number of Initial Seats:
where this occurs part way through a billing cycle, the Subscriber’s new
Subscription Start Date is the date of upgrade, and the Subscriber will receive
a pro-rated credit for any existing Seats purchased based on the number of days
of overlap in the Subscription Term.

5.6.2 Where the number of Additional Seats is equal to or is less than the
number of Initial Seats: where this occurs part way through a billing cycle, all
Seats for the Subscriber will be aligned to the existing Subscription End Date
at the time the Additional Seats are purchased.

5.7 Any additional payment terms between the Subscriber and People Diagnostix
including in relation to the purchase of Additional Seats shall be agreed to in
Writing, including but not limited to an invoice, billing agreement, or other
Written document.

6. Renewal

6.1 The Services will automatically renew for terms equal in length to
Subscriber’s immediately preceding term unless one party notifies the other
party of its intention to decline renewal at least one(1) day before the end of
the initial or the then-current renewal term.

7. Termination

7.1 Upon termination of this Agreement for any reason whatsoever, all rights,
Licences, Seats, End User Accounts and subscriptions granted to the Subscriber
shall immediately terminate. The Subscriber shall cease using the Services and
shall prohibit End Users from using the Services.

8. Intellectual Property Rights

8.1 The Subscriber acknowledges and agrees that all right, title, and interest
in and to the Services and the Software, together with its codes, sequences,
derivative works, organisation, structure, interfaces, documentation, data,
trade names, trademarks, or other related materials(People Diagnostix IP), is
and at all times shall remain, the sole and exclusive property of People
Diagnostix.People Diagnostix IP contains trade secrets and proprietary
information owned by People Diagnostix and protected by Australian law and
international agreements.Except for the right to use the Service, as expressly
provided for herein, this Agreement does not grant to the Subscriber any rights
to or in copyright, patents, trade secrets, trade names, service names or marks,
trademarks (whether registered or not), databases, or any rights or licenses
with respect to the Services or the Software.

8.2 The Subscriber shall not attempt, or directly or indirectly allow any End
User, Administrator or third party to attempt to copy, modify, duplicate, create
derivative works from, frame, mirror, republish, reverse engineer, disassemble,
reverse compile, download, transmit or distribute all or any portion of the
Services and/or Software in any form or media or by any means.

8.3 The provisions of this clause 8 shall survive termination of this Agreement.

9. Accessibility

9.1 People Diagnostix shall use commercially reasonable efforts to make the
Service available on a twenty-four hours per day, seven days per week(24x7)
basis during the Term of this Agreement, except for:

9.1.1 Scheduled system back-up or other on-going maintenance as required and
scheduled in advance by People Diagnostix; or

9.1.2 For any unseen cause beyond People Diagnostix’s reasonable control,
including but not limited to internet service provider or communication network
failures, or Force Majeure events as provided in clause 19.

10. Performance

10.1 People Diagnostix will monitor performance indicators on the systems and
network infrastructure (its own and that of third-party service providers) in
order to assess the overall performance of its Services and will take reasonable
steps to address systems and network infrastructure as required to maintain
satisfactory performance of the Services.

11. Maintenance and Support

11.1 People Diagnostix shall maintain the Software and the Services and provide
patches and fixes where necessary at no extra cost.

11.2 The maintenance provision in clause 11.1 shall not include major software
releases, new versions of the Software, additional functionality, or custom
programming, which People Diagnostix, at its sole discretion, may provide at an
additional cost and as otherwise agreed between the Subscriber and People
Diagnostix.

12. Default and Breach

12.1 The Subscriber will be in default of this Agreement if it fails to make any
payment when due.

12.2 In addition to clause 12.1 above, either Party will be in default of this
Agreement if the Party is in material breach of this Agreement and fails to cure
such breach within fourteen(14) days following receipt of Written notice thereof
from the other Party.

12.3 If a Party is in default, then the non-breaching Party may terminate this
Agreement or seek any other remedies available at law or in equity, except as
otherwise provided in for this Agreement.

12.4 In the event one Party breaches or attempts to breach any of the provisions
of this Agreement, the other Party shall have the right, in addition to such
other remedies that may be available, to injunctive relief enjoining such breach
or attempt to breach.

12.5 For the avoidance of doubt, a breach by an End User or Administrator shall
constitute a breach by the Subscriber.

13. Refunds

13.1 Given the nature of digital content, we do not offer a refund or credit on
a purchase unless required under Australian consumer law or other consumer
protection laws.

14. Changes by Us to Your Services

14.1 PEOPLE DIAGNOSTIX MAY CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME AFTER
GIVING SUBSCRIBERS THIRTY(30) DAYS’ WRITTEN NOTICE.AFTER RECEIVING NOTICE A
SUBSCRIBER MAY CANCEL THEIR SUBSCRIPTION OR AGREE TO THE CHANGE.IF A SUBSCRIBER
AGREES, THEY NEED TAKE NO ACTION.IF HOWEVER, A SUBSCRIBER DOES NOT AGREE, THE
SUBSCRIBER MUST NOTIFY PEOPLE DIAGNOSTIX WITHIN THIRTY(30) DAYS OF THE DATE OF
RECEIVING THE NOTICE OF CHANGE AND TERMINATE THIS AGREEMENT.IF A SUBSCRIBER
FAILS TO TERMINATE THE SERVICES IN THESE CIRCUMSTANCES, THEY WILL BE DEEMED TO
HAVE AGREED TO THE CHANGE WHICH WILL BECOME PART OF THE AGREEMENT BETWEEN THE
SUBSCRIBER AND PEOPLE DIAGNOSTIX.

15. Confidentiality

15.1 In addition to and in no way limiting the requirements relating to People
Diagnostix IP in clause 8 above, each Party shall use reasonable efforts (but in
no case less than the efforts used to protect its own proprietary information)
to protect all proprietary, confidential and/or non-public information
pertaining to or in any way connected to the Software, the Service, the other
Party’s financial, professional, other business affairs, and this Agreement
(Confidential Information).

15.2 Neither Party shall disclose or publicise the Confidential Information
without the prior Written Consent of the other Party.

15.3 Each Party shall use reasonable efforts (but in no case less than the
efforts used to protect its own proprietary information) not to disclose and not
to use the Confidential Information for its own benefit or for the benefit of
any other person or third party in any manner inconsistent with this Agreement.

15.4 The terms of confidentiality and non-disclosure in this Agreement shall
terminate five(5) years from the date of termination of this Agreement.

15.5 The restrictions on disclosure shall not apply to information which was (i)
generally available to the public at the time of disclosure, or later available
to the public other than through the fault of the receiving Party, (ii) already
known to the receiving Party prior to disclosure pursuant to this Agreement,
(iii) obtained at any time lawfully from a third party under circumstances
permitting its use or disclosure to others, or (iv) required by law or court
order to be disclosed.

16. Privacy, Personal Information and Data Privacy

16.1 YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE INFORMATION PROVIDED TO
PEOPLE DIAGNOSTIX BY THE YOU THE SUBSCRIBER (INCLUDING END USERS AND
ADMINISTRATORS), THROUGH THE SOFTWARE AND SERVICES AND/OR THIRD PARTIES, IS
NECESSARY FOR THE PROVISION OF THE SERVICES.

16.2 YOU THE SUBSCRIBER (INCLUDING END USERS) ACKNOWLEDGE AND AGREE FURTHER
THAT:

16.3.1 YOU HAVE READ AND UNDERSTOOD THE PEOPLE DIAGNOSTIX PRIVACY POLICY; AND

16.3.2 THE SUM OF ALL THE ALL INFORMATION DERIVED FROM THE SOFTWARE AND SERVICES
AND/OR THIRD PARTIES AND PERSONAL DATA, AS WELL AS THE AGGREGATED INFORMATION
WHICH RESULTS FROM PROCESSING, ANAYLSING AND IMPROVING THE SERVICES IS INTENDED
TO IMPROVE PSYCHOSOCIAL RISK MANAGEMENT AND EMPLOYEE MENTAL HEALTH.

16.4 YOU, THE SUBSCRIBER (INCLUDING ADMINISTRATORS AND END USERS), ACKNOWLEDGE
AND AGREE THAT ALL INFORMATION AND DATA RECEIVED AND CREATED BY PEOPLE
DIAGNOSTIX UNDER THIS AGREEMENT, AND AS A RESULT OF PEOPLE DIAGNOSTIX BUSINESS
PROCESSING AND ANALYSIS BECOMES ABSOLUTELY THE PROPERTY OF PEOPLE DIAGNOSTIX,
AND THAT SUBJECT TO APPLICABLE LAW AND THE PEOPLE DIAGNOSTIX PRIVACY POLICY,
PEOPLE DIAGNOSTIX MAY HOLD AND USE THE DATA FOR THE PURPOSES OF THIS AGREEMENT,
INCLUDING THE IMPROVEMENT OF THE SOFTWARE AND SERVICES.

17. Limited Warranty

17.1 People Diagnostix warrants that:

17.1.1 it has the power, authority, right, interest and title in the Services
and Software and other relevant materials in order to grant the Services and
Software and other rights to the Subscriber under this Agreement;

17.1.2 the Services and Software will conform to functional and performance
specifications;

17.1.3 the Services and Software will be free from any viruses, trojan horses,
worms, spyware or other malicious code (collectively, “Malicious Code”) except
for any Malicious Code contained in End User or Administrator uploaded
information or otherwise originating from the Subscriber;

17.1.4 it is able to provide the Services and the Services will be performed in
a professional manner with due care, skill and diligence; and

17.1.5 it will comply at all times with the Australian Privacy Act 1988 (Cth)
(as amended) (“Privacy Act”) to extent it deals with personal information or
sensitive information (as defined in the Privacy Act) in the provision of the
Services or otherwise in connection with this Agreement.

17.2 The benefits of the Services to Subscriber depend on its use of the
Services (including its End Users’ use of the Services).

18. Limitation of Remedy and Liability

18.1 The Subscriber represents that it accepts sole and complete responsibility
for:

18.1.1 Its use of the Services (including the use by its End Users);

18.1.2 Results obtained from the Services; and

18.2 TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW, IN NO EVENT SHALL PEOPLE
DIAGNOSTIX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
PUNITAVE, EXEMPLRY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PEOPLE DIAGNOSTIX HAS
BEEN ADVISED OF SUCH DAMAGES.

18.3 In any event, under no circumstances shall People Diagnostix be liable for
any loss, costs, expenses, or damages to the Subscriber in an amount exceeding
the Seat Payment actually paid to People Diagnostix by the Subscriber for the
previous twelve(12) months.

19. Force Majeure

19.1 NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY FAILURE TO PERFORM
OR FOR A DELAY IN PERFORMING AN OBLIGATION UNDER THIS AGREEMENT IN THE EVENT AND
TO THE EXTENT THAT SUCH FAILURE OR DELAY IS CAUSED BY FORCE MAJEURE.

19.2 For the purposes of this Agreement, force majeure will mean any
circumstance which:

19.2.1 is beyond the reasonable control of the party giving notice of force
majeure (affected party) and for which it is not responsible; and

19.2.2 is not a circumstance which the affected party could by the exercise of
the standard of care and skill which could reasonably be expected that party,
have avoided.

19.3 Subject to the above force majeure includes but is not limited to flood,
fire, earthquake, war, tempest, hurricane, industrial action, government
restrictions, computer virus, and malware resulting in Denial of Service Attacks
(DoS and DDoS), ransomware or acts of God.

19.4 The affected party will give notice thereof to the other immediately upon
the occurrence of any event of force majeure.

20. Notices and Demands

20.1 Any notice required or permitted to be given pursuant to this Agreement
will be valid and effective only if in Writing and sent to the other party’s
Address For Service.

20.2 Any notice to a party:

20.2.1 Sent by pre-paid registered post (by airmail if appropriate) will be
deemed to have been received on the second business day after posting (unless
the contrary is proved).

20.3 Notwithstanding anything to the contrary herein contained, a written notice
of communication actually received by party will be an adequate written notice
for communication to it notwithstanding that it was not sent or delivered in
accordance with this Agreement.

21. Governing Law

21.1 People Diagnostix, the Subscriber (including its End Users) will observe
and comply with all applicable laws.

21.2 This Agreement shall be governed by and interpreted in accordance with the
laws of Western Australia.

22. Severability

22.1 If any term is void, unenforceable, or illegal, the term may be severed
from the Agreement and will not affect the validity of the rest of this
Agreement, providing it does not change its purpose.

23. Non-waiver

23.1 Any waiver which People Diagnostix may allow the Subscriber will not affect
or substitute any of People Diagnostix’s rights against the Subscriber.

24. Assignment

24.1 No Party may delegate its duties under this Agreement or assign its rights
under this Agreement, in whole or in part without the other party’s prior
written consent.

25. No Partnership or Agency

25.1 Nothing in this Agreement will be construed as creating a partnership or
agency relationship between the Parties and no Party will have any authority to
incur any liability on behalf of the other or to pledge the credit of the other
party.

26. Entire Agreement

26.1 This Agreement is the entire agreement between the Parties on the subject.

27. Interpretation

27.1 A word defined in this Agreement starts with a capital letter unless the
context indicates otherwise.All headings are inserted for reference purposes
only and must not affect the interpretation of this Agreement.Whenever
“including” or “include”, or “excluding” or “exclude”, together with specific
examples or items follow a term, they will not limit its ambit. Terms other than
those defined within the Agreement will be given their plain English
meaning.References to any enactment will be deemed to include references to the
enactment as re-enacted, amended, or extended. A reference to a person includes
an individual, body corporate and association and a reference to a party
includes the party’s agents, successors and permitted assigns. Unless otherwise
stated in the Agreement, when any number of days is prescribed in the Agreement
the first day will be excluded and the last day included.The rule of
construction that an agreement must be interpreted against the party responsible
for its drafting or preparation does not apply.




Name People Diagnostix Pty Ltd Physical address and the address for receipt of
legal service of documents Unit 14, 16 Brodie-Hall Drive, Technology Park,
Bentley, Western Australia, 6102 Postal address PO Box 63, Rockingham, Western
Australia, 6968 Phone numbers +61 (0) 1300 739 426 Website address
www.peoplediagnostix.com.au Email address reception@peoplediagnostix.com.au ABN
60 646 347 220

The number one enterprise mental health software platform for workplaces,
schools and universities.

FEATURES

 * Psychological Risk Management
 * Mental Health Promotion
 * eLearning
 * Surveys & Data analytics
 * Mental Fitness Chat Bot
 * Stress Management
 * Enterprise Ready

RESOURCES

 * Psychological health, safety and wellbeing guide
 * Psych Health and Safety Podcast
 * Use Cases
 * Partners
 * View a Demo
 * Pricing

COMPANY

 * About Us
 * Legal
 * Book a Demo
 * Contact Us

FEATURES
 * Psychological Risk Management
 * Mental Health Promotion
 * eLearning
 * Surveys & Data analytics
 * Mental Fitness Chat Bot
 * Stress Management
 * Enterprise Ready

RESOURCES
 * Psychological health, safety and wellbeing guide
 * Psych Health and Safety Podcast
 * Use Cases
 * Partners
 * View a Demo
 * Pricing

COMPANY
 * About Us
 * Legal
 * Book a Demo
 * Contact Us

WORKPLACE MENTAL HEALTH BLOG

 * What is a Psychologically Healthy and Safe Workplace?
 * More from the blog >

Copyright People Diagnostix 2022

PrivacyTerms of ServiceCookies