CLEVER FIRST AID 

 

TERMS OF USE and PRIVACY NOTICE

Last updated: 1^st December 2023

 

Welcome to Clever First Aid! It's great to have you coming aboard yet before you start using our services it's important to read and accept our Terms of Use and understand our Privacy Notice.

 

1        CONTRACTUAL RELATIONSHIP

 

1.1       These terms and conditions ("Terms") govern the access or use by you of our software applications and associated, websites, content, products, and services (the "Services") made available by us to you.

 

1.2       When we refer to CFA, company, we, our, or us, we are talking about the Clever First Aid entity you contract with and pay subscriptions and fees to. Section 13 shows which CFA entity you contract with.  

 

1.3       Where we refer to "you" or "your" in these Terms, we mean any individual or entity that is using the Services.

 

1.4       Reference to a "device" or "devices" means any eligible desktop computer or device like a smart phone, that you use to access the Services.

 

1.5       Reference to "product" or "products" means our smart first aid cabinets and other associated first aid related add-ons we provide such as eye wash dispensers, portable first aid care packs, AEDs and AED cabinets, and third-party first aid consumables and items.

 

1.6       Your use of the Services may also be subject to the terms of your agreement with other third-party service providers (such as your data service provider).

 

1.7       Please read these Terms carefully before accessing or using the Services. Your access and use of the Services constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

 

2        YOUR OBLIGATIONS

 

2.1       You may only use the Services if you are at least 18 years of age or the age of legal majority in your jurisdiction (if different than 18) and are doing so for lawful purposes and you comply with applicable laws. In accessing and using the Services, you must not:

 

-       remove any copyright, trademark or other proprietary notices from any portion of the Services;

reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law or attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks; do any thing which may unduly hinder the operation and/or functionality of any aspect of the Services; during your use of the Services, access, store, distribute or transmit any: thing or device (including any software, code, file or program) which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device, including worms, Trojan horses, viruses and other similar things or devices; or material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or that facilitates illegal activity; or use the Services in a manner that causes any nuisance, annoyance, inconvenience or is otherwise illegal or causes damage or injury to any person or property.

 

2.2       You promise that you'll keep your information (including a current email address) up to date. You're responsible for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services. You're also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards, but you will ensure that passwords are very strong and not easily guessable.

 

2.3       To access software provided with the Services, a desktop and/or mobile device and wireless services are required. Your mobile service provider may charge you for services that it provides and if you are in doubt, you should check with your mobile service provider to learn about such charges that may apply.

 

3        LICENCE

 

3.1       We grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: access and use our applications and products solely in connection with your use of the Services; and access and use any content, information and related materials that may be made available through the Services.

 

3.2       We, or our licensors (as appropriate), own, and shall retain, all rights in and to the Services. Other than the limited licence granted to you in paragraph 3.1, neither these Terms nor your use of the Services grants to you any rights in or related to the same or to use or reference in any manner our company name, logos, product and service names, trademarks or services marks or those of our licensors.

 

4        DELIVERY AND ACCESS TO THE SERVICES

 

4.1       The Services may be made available to you, or accessed by you via your internet browser, or through services provided by other parties, such as The Apple App Store or Google Play. These companies may have terms of use that apply to you in addition to these Terms.

 

4.2       You are responsible for obtaining all devices, data, connections and other requirements necessary to use the Services. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You are responsible for all costs, problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your computers, devices, network connections or telecommunications links or caused by the internet. 

 

4.3       You may also be able to access and use third-party products, services and content as part of the Services (for example Google Maps).  Any such third-party products, services and content are subject to the terms and conditions set by their providers. We do not endorse or assume any responsibility for third-party products, services or content, including your use of the same. Any third party providing a third-party product is a provider and is independent of us, so be aware that a provider may also charge you fees in addition to what you pay us.

 

4.4       If you provide us with your email address, we may send you text messages or emails in connection with the Services. You may opt-out of receiving text messages from us by electing to unsubscribe from the services. You acknowledge that opting out of receiving text messages or emails may impact your use of the Services.

 

4.5       You must exercise every possible care to ensure the safety of the device you use in connection with the Services by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use. 

 

That includes:

-       locking your device when it is not in use;

-       not leaving your device unattended; and

-       ensuring up-to-date software is installed on your device.

-       Any person who can unlock your device may be able to use the Services.  You should have a passcode set on your device.  If you suspect your passcode has become known to someone else you should change it immediately. 

-       If you have biometric identification login enabled on your device any person whose biometric identification is stored on your device may be able to access the Services. Accordingly, you must ensure that only your biometric identification is stored on the device if you wish to use biometric identification login to make payments for the Services.   Biometric identification login details are stored on your device and not by us, so we cannot verify the identity of any person who uses biometric login to access the Services from your device.

 

 

5        AMENDMENTS AND TERMINATION

 

5.1       You acknowledge that we are free to, and frequently do, make changes to the Services (at our discretion).  We are not required to provide you with notice of any such changes.

 

5.2       We may amend these Terms from time to time. Amendments will be effective upon posting of such updated Terms on our website.

 

5.3       Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.  If you do not accept any changes to these Terms you must stop using the Services.

 

5.4       We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or suspend or deny access to the Services or any portion thereof, at any time for any reason.

 

6        PRIVACY NOTICE

 

6.1       We respect your privacy and take data protection seriously. In addition to these terms, our privacy notice sets out in detail how we process your own personal data that you enter into our applications, like your name, mobile number, and email address. By providing us with your personal information, you consent to receiving administrative and system notifications, marketing material and other electronic communications from us.

 

6.2       To the extent that we collect any personal information about you, we are committed to protecting that personal information and to ensuring we comply with all relevant privacy and data protection laws, including where applicable the Privacy Act 1993 (New Zealand), the Privacy Act 1988 (Cth) (Australia) and the Privacy Act 1974 (America) (collectively, "Applicable Privacy Laws").

 

6.3       We may need to change this Privacy Notice from time to time. If we make any changes, then we will tell you about them by posting an updated policy on our website. By continuing to use the Services, you will be agreeing to any changes to the Privacy Notice. Any changes will take effect from the date we update and post the Privacy Notice, so please check this Notice Policy when you access our website.

 

6.4       How do we collect your personal information?

 

We will only collect your personal information for lawful purposes connected to our functions and activities (including providing the Services to you), for purposes directly related to this or where you have agreed we can do so.

 

6.5       Information we collect may include:

 

(a) Registration and profile information: When you download and set up our applications on your device you may choose to provide us with your email address.

(b) Communications: If you contact us directly (e.g. through our Customer Support Team), we may receive information about you such as your name, email address and any other information you choose to provide.

(c) Cookies and other tracking technology: In accordance with our Cookie Policy, once you access our website or software applications we may collect information by using cookies and usage monitoring software such as pixel tags, web beacons, embedded web links, and similar technology. Information stored or collected regarding your usage of the Services helps us improve and offer the Services you need each time you visit. Refer to your mobile device or browser's technical information for instructions on how to delete and disable cookies and other tracking or recording tools, if you wish to do so you may miss out on certain features of the Services.

(e) Device and usage information: We may collect analytics information such as your IP address, web browser type, mobile operating system version, phone carrier and manufacturer and app installations. To help us understand how you use Services and to help us improve it, we automatically receive information about your interactions with the Services, like the pages or other content you view, your actions within our software applications, and the dates and times of your visits and usage.

(f) Other information: We may collect any other information that you voluntarily provide to us.

You have no obligation to provide any information requested by us, but if you do so you may not be able to access certain features of the Services.

 

6.6       Utilizing Your Data

 

Our primary use of your personal data is to operate our software applications and website and deliver requested services. Other uses include:

-       Communication: Sending you requested information, operational updates, marketing messages aligned with your preferences, and seeking your feedback. We communicate through various channels, respecting your preferences at all times.

-       Support: Assisting with technical or other issues related to our websites and services.

-       Enhancement and Development: Improving our websites and services, and developing new ones by monitoring usage and conducting technical analyses.

-       Protection: Detecting and preventing fraudulent or harmful activities.

-       Marketing: Using your data for targeted advertising and as part of our marketing strategies.

-       Analysis and Reporting: Creating aggregated, anonymized reports and analytics for internal use or sharing with third parties.

 

6.7       Who do we give your personal information to?

 

We will only disclose your personal information where you have authorised such disclosure, where disclosure is connected to one of our functions or activities or where we are able to under the Applicable Privacy Laws.

 

Examples where we may disclose your personal information are:

(a)   to our service providers in order to provide the Services to you;

(b)   to law enforcement agencies;

(c)   to meet our legal obligations;

(d)   to protect users, ours or other rights, property or safety; and

(e)   in order for us to sell any of our assets and parts of our business.

 

6.8       How do we store your personal information?

 

We will retain your personal information for as long as your account is active, as needed to provide you the Services and where necessary to comply with our legal obligations. We will always store and process your personal information in the country we receive it from; for New Zealand and  Australia, data is stored in Australia. For the United States of America, data is stored in the United States of America.

 

We take reasonable steps to ensure that your personal information is protected against loss, unauthorized access, use, disclosure, alteration or destruction. We adopt policies and procedures to protect your personal information, and we review these regularly.

 

Communications over the internet, such as emails, are not secure, unless they have been encrypted. We may allow third parties to monitor our network for security and information assurance purposes.

 

6.9       Marketing communications

 

If you provide us with your email address, we may contact you using this email address to verify your account and for administration purposes. You also consent to us sending you information connected with the above collection and use purposes via email and/or text message when you provide us with your email address and/or mobile phone number.

 

If you give us your permission, we may send you updates or push notifications related to the Services and other information we think you may be interested in. The messages you receive from us will have instructions for how you can remove yourself from our mailing list. You may unsubscribe to any email marketing message at any time by following the unsubscribe instructions contained in the message.

 

6.10    Access to, correction, modification and deletion of your information

We take reasonable steps to ensure that the personal information we hold about you is accurate. You have the right at any stage to request us to provide you with access to your personal information. We will respond to any request by you to correct or access your personal information as soon as practicable following receipt of such request, but there are exceptions under the Applicable Privacy Laws where we may not be able to do so. We will tell you if that is the case.

 

6.11    Data Sharing

 

We share your personal data with third parties in certain circumstances:

(a)   Within our company

(b)   With third-party service providers and partners.

(c)   With regulatory bodies, law enforcement, courts, or when legally necessary

(d)   With other parties, given your consent.

 

6.12    International Data Transfers

 

Your data may be transferred and processed in countries outside your residence, such as the United States. We ensure appropriate safeguards to protect your data in these instances. For EEA individuals, data transfers outside the EEA are conducted only to countries with adequate protection or under approved mechanisms like the European Commission's Standard Contractual Clauses.

 

6.13    Data Retention

 

We retain your personal data as long as necessary for business or legal reasons. After this period, we ensure its deletion or anonymization.

 

6.14    Your Data Rights

 

You have rights regarding your personal data, including opting out of marketing communications, accessing, updating, restricting, deleting, or objecting to our processing of your data.

 

If you have concerns about our data processing, please contact us. You also have the right to lodge a complaint with your local data protection authority.

 

7        DATA USE

 

7.1       Data Usage Rights: By inputting or uploading your data into our services, you retain ownership, but you also provide us with a license to utilize, reproduce, send, store, analyze, and back up all data you provide through our services. This includes your own personal information and that of others. The purposes of this is to: facilitate your use of our services; aid in the enhancement, development, and safeguarding of our services; contribute to the creation of new services; communicate with you regarding your billing; send you information that might interest you, in line with your marketing preferences; and share with third-party service providers and partners as necessary for these objectives.

 

7.2       Your Personal Data Handling: We value your privacy and are committed to data protection. Our privacy notice, which complements these terms, details how we process your personal data entered into our software, like your name, mobile number, and email address.

 

7.3       Creation of Anonymized Data: We may generate anonymized statistical data from your data and service usage. This includes aggregation processes. Once anonymized, this data can be used by us for various purposes such as enhancing our services, developing new products or services, identifying business trends, and other communicated uses.

 

7.4       Notification of Data Breaches: In cases of unauthorized access to your personal data entered into our software, we will inform you and, where feasible, provide details about the incident. You may need to determine if this unauthorized access should be reported to the affected individuals and/or relevant authorities, as you have the most insight into the personal data entered into our software.

 

8        SECURITY

 

8.1       At our company, we prioritize security and encourage you to do the same. To enhance the protection of our services and your data, we may offer additional security features, such as multi-factor authentication.

 

8.2       Security Measures: Our commitment to keeping your data secure is backed by our investment in technical, administrative, and physical safeguards. Although we strive to protect your data, we must acknowledge that no electronic storage method is infallible. In the event of unauthorized access (or potential access) to your account, we will alert you and might temporarily restrict access to certain service areas until we can confirm authorized usage.

 

8.3       Enhanced Account Security: We regularly implement new security measures like multi-factor authentication and single sign-on to bolster your account's security. Depending on your location or the services you use, some of these features might be mandatory. When using optional security features, remember that you are responsible for any consequences arising from not utilizing them. We strongly advise taking advantage of all available security options.

 

8.4       Your Role in Data Security: You play a crucial role in maintaining the security of your data. This includes safeguarding your login credentials, ensuring they are not used by others, and maintaining robust security on your systems. If you suspect unauthorized use of your password or any security breach in your account or linked email, notify us immediately. Additionally, avoid using free-form fields in our systems or services to store sensitive information like personal details (unless specifically requested), credit card numbers, tax identifiers, or bank account information.

 

9        PROTECTION OF CONFIDENTIAL DATA

 

We are committed to safeguarding your confidential data and anticipate a similar level of care from you for ours.

 

9.1       Maintaining Confidentiality: While using our services, there may be an exchange of confidential information. This could include you receiving information about us or sharing your own. Both parties agree to implement reasonable measures to prevent unauthorized access to each other's confidential data. If necessary, either party may disclose the other's confidential information to legal or regulatory bodies as required.

 

10     SERVICE MAINTENANCE, ACCESSIBILITY, and DATA MANAGEMENT

 

We always aim to limit service interruptions, but maintenance is essential for updates and security. Occasional access issues and data loss are possible, so it's crucial to back up your data regularly.

 

10.1    Service Availability: Our goal is to ensure our services are always available, and we offer 24/7 online support. Maintenance is sometimes necessary and may result in downtime, which we strive to keep to a minimum. We'll try to inform you about planned maintenance beforehand, but this isn't always possible.

 

10.2    Internet-related Access Issues: Due to the nature of the internet, there may be times when you can't access our services or your data. These issues can arise for various reasons and at any time.

 

10.3    Risk of Data Loss: Using any technology involves a risk of data loss. You are responsible for backing up your data.

 

10.4    No Compensation Policy: In the event of downtime, access issues, or data loss, your sole remedy is to stop using our services.

 

10.5    Assistance and Support: If you encounter problems, please contact us at support@cleverfirstaid.com

 

10.6    Updates and Changes to Services: We regularly release updates and enhancements to our services, and occasionally some features may be discontinued. When such changes occur, we will do our best to notify you, such as through email, our blog, or directly within our services upon login.

 

11     TERMS OF LIABILITY AND INDEMNIFICATION

 

This section, detailing the terms of liability and indemnification between you and us is crucial. Please read it thoroughly.

 

11.1    Your Indemnification Responsibility: You agree to indemnify us for any losses, costs (including legal fees), expenses, demands, or liabilities we incur as a result of a third-party claim against us linked to your use of our products and services or any third-party product or service, except in instances where we are at fault.

 

11.2    Warranty Disclaimer: Our services and any third-party products are provided to you "as is". We disclaim all warranties, whether express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose.

 

11.3    Limiting Our Liability: Our liability to you in relation to our services or these terms, whether under contract, tort (including negligence), or otherwise, is limited as follows, except where such liability cannot be legally excluded or limited:

 

(a)   We are not liable for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, issues arising from legal, tax, or accounting compliance, damage to reputation, loss related to any other contract, or any indirect, consequential, incidental, punitive, exemplary, or special loss, damage, or expense that arises from your use of our services.

(b)   For any loss or corruption of your data, our liability is confined to reasonable efforts to recover that data from our available backups.

 

11.4    Our total aggregate liability to you is capped at the total amount you have paid us in the 12 months preceding the date of the claim that gave rise to the liability.

 

12     GENERAL

 

In these Terms, the words "including" and "include" mean "including, but not limited to."

(a)   Termination of these Terms will not affect any legal remedies we may have.

(b)   Any provision of these Terms which expressly or by implication is intended to continue in force after termination of these Terms shall remain in full force and effect.

(c)   Subject to any changes that may be made to these Terms from time to time, these Terms constitute the entire agreement between you and us and supersede all previous agreements and undertakings.

(d)   You may not assign or transfer these Terms in whole or in part without our prior written approval.

(e)   Nothing in these Terms has the effect of excluding, restricting, or modifying rights which cannot lawfully be excluded, restricted or modified by agreement.  If any provision of these Terms contravenes a law or is not enforceable, it will be removed from these Terms, but the rest of these Terms will continue in force.

(f)    We may subcontract or delegate the performance of any of our responsibilities under these Terms.

(g)   Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. 

 

13     CONTRACTING ENTITIES

 

Clever First Aid contracting entities; law and venue: Our contracting entities are listed below along with what law and venue apply in any dispute between you and us:

 

New Zealand

Clever First Aid Limited

Xoria Limited

 

Australia

Clever First Aid Pty Limited

 

CONTACT US

If you wish to contact us about our Terms of Service, or for any other general enquiry, please email us at support@cleverfirstaid.com

 

 

14     APPENDIX – COOKIE POLICY

 

1. Introduction

 

Welcome to Clever First Aid ("we," "our," or "us"). This Cookie Policy explains how we use cookies and similar technologies on our website [Website URL] (the "Website"). By using the Website, you consent to the use of cookies as described in this policy.

 

2. What are Cookies?

 

Cookies are small text files that are placed on your computer or device when you visit a website. They are widely used to make websites work more efficiently and provide information to website owners. Cookies can be temporary (session cookies) or permanent (persistent cookies), and they can be first-party cookies (set by the website you are visiting) or third-party cookies (set by a domain other than the one you are visiting).

 

3. How We Use Cookies

 

We use cookies for various purposes, including:

 

- Essential Cookies: These cookies are necessary for the basic functioning of our Website and enable you to navigate our site and use its features.

 

- Performance and Analytics Cookies: We use these cookies to collect information about how visitors use our Website, such as which pages they visit and any error messages they may encounter. This helps us improve the performance and functionality of our Website.

 

- Functionality Cookies: These cookies allow us to remember your preferences and settings, such as language preferences or login information, to enhance your user experience.

 

- Third-Party Cookies: We may allow third-party service providers, such as analytics and advertising partners, to place cookies on our Website to perform services on our behalf. These third-party cookies are subject to the privacy policies of the respective third parties.

 

4. Cookie Consent

 

By using our Website, you consent to the placement of cookies on your computer or device as described in this Cookie Policy. You can manage your cookie preferences by adjusting your browser settings. Please note that if you choose to disable or block certain cookies, some features of our Website may not function correctly.

 

5. How to Manage Cookies

 

Most web browsers allow you to control and manage cookies through their settings. You can usually find these settings in the "Options" or "Preferences" menu of your browser. For more information on how to manage cookies in your specific browser, please refer to the browser's help documentation.

 

Additionally, you can opt out of third-party advertising and analytics cookies by visiting the following websites:

 

- Network Advertising Initiative (NAI) Opt-Out Page: http://www.networkadvertising.org/choices/

- Digital Advertising Alliance (DAA) Opt-Out Page: http://www.aboutads.info/choices/

 

Please note that opting out of third-party cookies does not mean you will no longer see online advertising; it means that the ads you see may be less relevant to your interests.

 

6. Changes to This Cookie Policy

 

We may update this Cookie Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. Any updates will be posted on this page with a revised "Last updated" date at the top of the policy.

 

7. Contact Us

 

If you have any questions or concerns about our Cookie Policy or our use of cookies, please contact us at support@cleverfirstaid.com

 

This Cookie Policy is an integral part of our Privacy Notice and should be read in conjunction with it.

www.cleverfirstaid.com

 

15     LAST UPDATE

The last time we updated this document was 1st December 2023