This End User Agreement ("Agreement") governs your access to and use of the Clever First Aid platform, including associated web applications, mobile applications, APIs, connected services, and cloud systems (collectively, the "Digital Platform"), operated by Clever First Aid Pty Ltd ABN 31 634 801 344 (Australia) and Clever First Aid Limited (New Zealand) and their related companies ("Clever", "we", "us", or "our"). The Clever entity that contracts with you depends on your region: Clever First Aid Pty Ltd for Australian users and Clever First Aid Limited for New Zealand users.
By accessing or using the Digital Platform, you agree to this Agreement.
If you are using the Digital Platform on behalf of an organisation, you acknowledge that your organisation may have entered into a separate agreement with Clever governing the supply of the Digital Platform and associated services.
The governing law and jurisdiction of the supply agreement apply to the data relationship with that customer. For all other users in New Zealand and Australia who do not have a supply agreement with us, this Agreement is governed by the Applicable Privacy Laws according to where you are located.
These Terms of Use (also called our End User Licence Agreement, or EULA) govern your access to and use of our digital tools, our website, portal and Apps. They work alongside the Clever Privacy Policy, which explains how we collect, protect and use your data. In short: this Agreement covers how you may use our digital tools, and the Privacy Policy covers how we protect your data. You may be asked to agree to both when you access our website or portal. These Terms apply to users in both Australia and New Zealand.
Where your organisation has entered into a separate supply agreement with Clever, that supply agreement prevails over this Agreement to the extent of any inconsistency. Nothing in this Agreement operates to vary, reduce or override any right or obligation under that supply agreement, and any change to this Agreement that would affect those rights requires the written agreement of both parties to that supply agreement.
You may only use the Digital Platform if:
You must only use the Digital Platform:
You are responsible for:
You must not:
You must immediately notify Clever or your organisation if you become aware of unauthorised access to your account.
You must not:
You acknowledge that:
Where you have the necessary access rights, you may be able to view information that constitutes health information (for example, images relating to a first aid event). You must handle any such information in accordance with your organisation's policies and the safeguards described in the Clever Privacy Policy.
The Digital Platform, including all software, interfaces, workflows, designs, text, graphics, analytics systems, firmware integrations, and associated intellectual property rights, remains the property of Clever and its licensors.
This Agreement does not grant you ownership of the Digital Platform or any intellectual property rights other than a limited right to use the Digital Platform in accordance with this Agreement.
Your organisation retains ownership of operational and customer data submitted to or generated through the Digital Platform, subject to any provisions in any applicable supply agreement governing data use, and to the Privacy Policy.
You must ensure that any information you enter into the Digital Platform:
Your use of the Digital Platform is subject to the Clever Privacy Policy.
In these Terms, Applicable Privacy Laws has the meaning given to that term in the Clever Privacy Policy (as amended from time to time).
You acknowledge that:
Where your organisation has an executed supply agreement that requires Clever to notify it immediately of a data breach affecting its data, that immediate-notice obligation applies in addition to (and is not displaced by) the statutory breach-notification timeframes described in the Clever Privacy Policy.
Clever may:
We do not guarantee uninterrupted or error-free availability.
The Digital Platform may integrate with third-party services or infrastructure providers.
Clever is not responsible for:
Nothing in this clause limits Clever's obligations to enterprise customers under any applicable supply agreement in respect of data handling by its sub-processors. Where Clever relies on third-party sub-processors to process customer data, it remains responsible for that processing to the extent set out in the applicable supply agreement.
Clever may suspend or terminate your access immediately if:
Upon termination:
To the maximum extent permitted by law:
To the maximum extent permitted by law, Clever will not be liable to you for:
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded, restricted or modified under applicable law.
To the extent permitted by law, where any such guarantee, condition or warranty is implied into these Terms and liability cannot be excluded, Clever's liability is limited to the minimum extent permitted by applicable law.
Where the Digital Platform is provided under an executed Supply Agreement, the liability provisions of that Supply Agreement apply in place of this clause.
We may update this Agreement from time to time by publishing updated Terms within the Digital Platform or on our website.
Continued use of the Digital Platform after changes take effect constitutes acceptance of the updated Terms.
However, where your use is governed by an executed supply agreement, changes to this Agreement that affect rights or obligations under that agreement require the written agreement of both parties, and continued use does not constitute acceptance of those changes.
Questions regarding this Agreement may be directed to:
Clever is not liable for any failure or delay in providing the Digital Platform, or for any unavailability, caused by events beyond its reasonable control, including natural disasters, power or internet failures, acts of government, or failures of third-party infrastructure. Where services are provided under a supply agreement, the force majeure provisions of that agreement apply instead.
Formal notices under this Agreement (including notices of breach, suspension, termination or variation) must be in writing and sent to the other party's registered email or postal address. A notice is taken to be received: if by email, on the day it is sent (unless a delivery-failure message is received); and if by post, three business days after posting. Where services are provided under a supply agreement, the notice provisions of that agreement govern formal communications for that customer.
This Privacy Policy explains how Clever First Aid protects and handles your personal information. It works alongside our Digital Platform End User Agreement, which governs your access to and use of our digital tools (our website, portal and Apps). In short: the End User Agreement covers how you may use our digital tools, and this Privacy Policy covers how we collect, protect and use your data. You may be asked to agree to both when you access our website or portal.
This Privacy Policy ("Policy") sets out how we collect, store, use, process and disclose your personal information in connection with our website, services and the Clever First Aid web and mobile App(s) ("Apps") (collectively, our "Services"). Beyond this Privacy Policy, your use of Apps (and associated services) is also subject to our Digital Platform End User Agreement (also called our End User Licence Agreement or EULA).
We collect, use and disclose personal information where this is necessary for our legitimate functions and activities, where it is fair and reasonable in the circumstances, to comply with our legal obligations, or where you have provided consent.
Where we rely on your consent, you may withdraw your consent at any time by contacting us at support@cleverfirstaid.com. Withdrawal of consent will not affect the lawfulness of processing carried out prior to withdrawal but may limit your ability to use certain features of the Services.
We may need to change this Privacy Policy 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 Policy. Any changes will take effect from the date we update and post the Privacy Policy, so please check this Privacy Policy when you access our website. When we make material changes to this Privacy Policy, we will provide you with prominent notice (including by email where you have provided us with an email address) a reasonable period prior to those changes taking effect.
This Privacy Policy is issued by both Clever First Aid Limited (New Zealand) and Clever First Aid Pty Ltd ABN 31 634 801 344 (Australia) (together, "Clever First Aid", "CLEVER", "we", "us" or "our"). Clever First Aid Pty Ltd is responsible for personal information handled in connection with services supplied to Australian customers, and Clever First Aid Limited is responsible for personal information handled in connection with services supplied to New Zealand customers. Each entity is responsible for compliance in its own jurisdiction.
We take our obligations in relation to your personal information seriously. 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 the Privacy Act 2020 (New Zealand) and the Privacy Act 1988 (Cth) as amended from time to time (collectively, "Applicable Privacy Laws").
Where we supply services to an organisation under an executed supply agreement that supply agreement is the governing commercial document for that relationship. If anything in this Privacy Policy is inconsistent with that supply agreement, the supply agreement prevails for that customer and its personnel. In particular, for customers with an executed supply agreement: (a) any change to this Privacy Policy that would affect rights or obligations under the supply agreement requires the written agreement of both parties, and this Policy's "continued use" change mechanism does not override that requirement; (b) personal information collected through that customer's account is used only for the purpose permitted under the supply agreement, and is not used for marketing or service-related surveys without the customer's written consent; (c) any business sale, change of control or disclosure of assets is handled in accordance with the supply agreement's change of control provisions, and the customer will be notified in writing and may require deletion of its data; and (d) the governing law and jurisdiction of the supply agreement apply to the data relationship with that customer.
For all other users in New Zealand and Australia who do not have a supply agreement with us, this Privacy Policy is governed by the Applicable Privacy Laws according to where you are located.
We will only collect personal information where it is necessary for our functions and activities, for lawful purposes connected with our Services, and where such collection is fair and reasonable in the circumstances. We take reasonable steps to ensure you are aware of the purposes of collection at or before the time of collection, or as soon as practicable where information is collected indirectly. Information we collect may include:
We do not intentionally collect sensitive personal information (such as health information) unless required for the operation of our Services or provided voluntarily.
To the extent that our Services process data that may relate to workplace safety or first aid events, we treat such information with appropriate safeguards and only use it for safety, compliance, and operational purposes.
Some of our Services (for example, smart first aid cabinets fitted with cameras) may incidentally capture images or information relating to a first aid event, which may constitute health information or sensitive information under the Applicable Privacy Laws. We apply additional safeguards to this information: device images and related records can only be viewed by authorised users who are logged in to the Platform; access can be restricted on a per-user basis according to the customer's own policies; and access is limited to line managers or health and safety personnel who are already aware of the relevant incident. We only use this information for safety, compliance and operational purposes, and customers remain responsible for managing access within their organisation. Where we supply services under a supply agreement, our handling of any such information is also subject to that agreement.
You have no obligation to provide any information requested by us, but if you do not, you may not be able to access certain features of the Services.
We collect information through cookies and similar technologies differently across our Services depending on the platform you are using:
Portal (Web Application) Our Portal uses cookies and similar technologies primarily for operational purposes, including:
These cookies are necessary for the Portal to function and cannot be disabled without impacting usability.
We also collect information through log and usage data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports and hardware settings).
Mobile Application (Clever App)
Our mobile applications do not use browser cookies. However, we may use similar technologies such as:
to support functionality, security, and performance monitoring. These technologies are used solely in connection with the operation of the Services and not for third-party advertising.
Marketing Website
Our public-facing website may use cookies and tracking technologies for:
Where required by Applicable Privacy law, we will obtain your consent before using non-essential cookies on our marketing website. You may manage your cookie preferences through your browser settings or any consent tools made available on the website.
Managing Cookies and Tracking
You can control or disable cookies through your browser settings. Please note that if you limit the ability for Clever to set cookies and similar technologies, there may be an impact to your overall user experience, and some features and services may not function properly if you disable cookies.
We use your personal information, for purposes directly related to our functions or activities or where we are authorised to under the Applicable Privacy Laws. In Australia, we will only use or disclose your personal information where such use or disclosure is fair and reasonable in the circumstances (as required by the Applicable Privacy Laws). We will not use your personal information in a way that you would not reasonably expect having regard to the purposes for which it was collected.
We may use your personal information:
We will not use personal information for purposes that are unrelated to those described above unless permitted by law or with your consent.
We may de-identify and aggregate personal information so that it no longer reasonably identifies an individual. We may use such de-identified information for analytics, product improvement, and reporting purposes. We take reasonable steps to ensure that de-identification is robust and that such use is fair and reasonable in the circumstances.
If you provide us with your email address, we may contact you using this email address to verify your account and for administration purposes noted in section 4.
Where you have provided your express consent, we may send you service-related communications and, separately, marketing updates via email or text message. 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.
If we conduct any limited market research or service related surveys noted in 4g you may unsubscribe to any email marketing message at any time by following the unsubscribe instructions contained in the message.
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:
We retain personal information only for as long as necessary to fulfil the purposes described in this Policy and to comply with legal obligations.
Retention periods vary depending on the type of information, including:
We take reasonable steps to securely delete, anonymise, or de-identify personal information when it is no longer required.
If you would at any time like to review or change the information in your account, deactivate or delete your account, you can:
Upon request to delete your account, we will remove your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
You have the right to ask for a copy of any personal information we hold about you, and to ask for it to be corrected if you think it is wrong. If you'd like to ask for a copy of your information, or to have it corrected, please contact us at support@cleverfirstaid.com. Access to your personal information is generally provided free of charge. In exceptional circumstances, where providing access requires significant resources, we may charge a reasonable fee. We will inform you of any potential fees before processing your request.
We take reasonable steps to ensure that your personal information is protected against loss, unauthorised access, use, disclosure, alteration or destruction. Our technical and organisational security measures include: encryption of personal information in transit and at rest; role-based access controls (RBAC) to limit access to personal information to those who need it; audit logging of access to and processing of personal information; and secrets management for system credentials. We conduct regular reviews of our security controls and procedures. We adopt policies and procedures to protect your personal information, and we review these regularly.
However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, therefore we cannot guarantee that the data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards by malicious persons or unauthorised third parties. Although we do our best to protect your personal information, transmission of personal information to you and from our Services is at your own risk. You should only access the Services within a secure environment.
We may allow third parties to monitor our network for security and information assurance purposes.
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities tracked. At this stage no uniform technology or industry standard for recognising and implementing DNT signals has been adopted. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.
We are a New Zealand company and our primary operations are in New Zealand and Australia. Our primary hosting for New Zealand and Australian customers is located in Australia. Some of our service providers and sub-processors may still be located outside New Zealand and Australia, including in the United States. Where your personal information is disclosed to an overseas recipient, we will take the following steps to protect it:
In New Zealand, where we disclose your personal information to an overseas recipient and that recipient does not comply with the Applicable Privacy Laws, we remain accountable for that breach as if we had breached the principle ourselves (unless you have authorised the disclosure after being informed that the recipient may not be required to protect the information). In Australia, by disclosing personal information to overseas recipients, we take on accountability for ensuring those recipients handle it in accordance with the Applicable Privacy Laws.
We are committed to handling privacy breaches responsibly and in accordance with our obligations under the Applicable Privacy Laws. If we become aware of a privacy breach involving your personal information, we will take immediate steps to contain the breach and assess whether it is likely to cause serious harm to you.
Clever First Aid will investigate suspected data breaches promptly and will assess whether a breach is an eligible data breach under applicable privacy laws. Where notification is required, Clever First Aid will notify affected individuals and regulators as soon as practicable and in accordance with applicable legal requirements Where we have agreed in a supply agreement to notify a customer immediately on becoming aware of a potential or actual breach affecting that customer's data, that obligation applies in addition to (and is not displaced by) the assessment and notification described above.
Our Services use automated systems to process your personal information and generate outputs that may affect you. These automated processes include:
Where automated processing is used to generate recommendations, alerts, compliance assessments, or other outputs that may significantly affect an individual, you may request that the outcome be reviewed by an appropriately authorised person. Requests for review may be submitted to support@cleverfirstaid.com.
Clever First Aid will continue to review and enhance its automated processing practices to ensure compliance with applicable privacy and data protection laws, including any requirements relating to transparency, explanation, human review, or automated decision-making that may apply from time to time.
Our Services involve the use of IoT-connected devices, including smart first aid cabinets, sensors, and RFID tags, which may capture personal information about individuals who interact with or are in proximity to those devices without those individuals directly providing information to us. This type of collection is referred to as "indirect collection".
In New Zealand, applicable privacy laws require that, where personal information is collected from a source other than the individual concerned, we must take reasonable steps to ensure the individual is made aware of the purposes of collection and other relevant matters. We take reasonable steps to support transparency of indirect collection, including:
We support transparency of indirect collection by making this Privacy Policy publicly available. Our customers (such as employers or site operators) are also responsible, as the parties in direct contact with affected individuals, for notifying individuals who interact with our devices about how their information is collected and used. Reliance on our customers does not remove our own responsibility to take reasonable steps under applicable privacy laws.
Data collected indirectly through our devices may include device interaction events, access timestamps, location data associated with device placement, and derived analytics (such as compliance and usage scores). We apply the same protections to indirectly collected personal information as to directly collected personal 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 (and in any event within 20 working days of your request in New Zealand,, or within 30 calendar days of your request in Australia, as required by the Applicable Privacy Laws), 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. You may also request that we delete or erase personal information that we hold about you, subject to our legal obligations to retain certain information. We will consider all deletion or erasure requests and respond to you within 20 working days (New Zealand) or 30 calendar days (Australia). If we are unable to delete or erase your personal information (for example, because we are required to retain it by law), we will tell you why. If you believe we have breached the Applicable Privacy Laws in respect of your personal information, you may make a complaint to us in the first instance. If you are dissatisfied with our response, you may escalate your complaint to the relevant regulator: the Privacy Commissioner in New Zealand (www.privacy.org.nz) or the Office of the Australian Information Commissioner in Australia (www.oaic.gov.au).
We value your comments, feedback and ideas about all aspects of the Services we provide, as well as any questions or complaints about this privacy policy.
You also have the right to contact the Office of the New Zealand Privacy Commissioner (if you are a New Zealand Resident), or the Office of the Australian Information Commissioner (if you are an Australian Resident).
If you have any feedback or questions about this policy, the practices of our mobile application and Website, or your dealings with Clever First Aid, you can contact us via: support@cleverfirstaid.com