Legal

Disclaimer & Cookie Policy

 

Hi-Key Resources Pty. Limited
PO Box 343, Vermont VIC 3133
Australia
Director: Tom Debney
Phone: +49 (0) 9072 71 82 918
E-Mail: support@hikey-resources.com
Registered in: Australian Securities and Investments Commission, Sydney, Australia
Company No.: ACN603178276

Branch establishment in Germany:
HiKey Resources UG
Kolpingstr. 5
89415 Lauingen
Managing Director/Director: Georg Petrich
Phone: +49 (0) 9072 71 82 918
E-Mail: support@hikey-resources.com
Internet: https://hikey-resources.com
Commercial register: Augsburg
Registration number: HRB 30827

 

Professional liability insurance
Chubb Insurance Australia Limited, Citigroup Centre, Level 29, 2 Park Street Sydney, NSW 2000, Australia
Territorial application: In the entire territory of the European Union and the states of the agreement in the European Economic Area

Umsatzsteuer-Identifikationsnummer (VAT identification number) according to § 27a of the Umsatzsteuergesetz (UStG, Sales Tax Law): DE308433646

Responsible for contents according to § 55 Rundfunkstaatsvertrag (RStV, Broadcast Services State Treaty): Georg Petrich, HiKey Resources UG, Kolpingstr. 5, 89415 Lauingen, Germany

Document produced and updated by janolaw AG.

Privacy Policy

 

Sect. 1 General

We will process your personal data (e.g. title, name, address, e-mail address, phone number) solely in accordance with the provisions of the German data protection law and the data protection law of the European Union (EU). The following provisions will inform you, besides the information about the processing purposes, recipients, legal bases and storage periods, also about your rights and the controller for your data processing. This privacy policy applies only to our websites. If you are directed to other sites via links on our pages, please familiarise yourself with the respective use of your data there.

 

Sect. 2 Contact us

(1) Purpose of data processing

Your personal data you provide us by e-mail, contact form etc., will be processed to answer your inquiries. You are not obliged to provide us with your personal data but we would not be able to answer your inquiries sent by e-mail without your e-mail address.

(2) Legal basis

a) If your explicit consent is given for the processing of your data, the legal ground for this processing is set out in Art. 6 (1) (a) of the GDPR.

b) If your personal data is processed for the purpose of contract performance, the legal ground for this processing is set out in Art. 6 (1) (b) of the GDPR.

c) The legal ground for all other cases (especially when using a contact form) is set out in Art. 6 (1) (f) of the GDPR.

You have the right to object at any time to the processing of data which was performed according to Article 6 (1)(f) of GDPR and which does not serve direct marketing for reasons arising from your particular situation.

In the case of direct marketing, however, you may object to the processing at any time without stating any reasons.

(3) Legitimate interest

Our legitimate interest in data processing is to communicate with you in a timely manner and to answer your queries cost-effectively. If you provide us with your address, we reserve the right to use it for direct postal marketing. You can protect your interest in data protection by transferring of data efficiently (e.g. using a pseudonym).

(4) Recipient categories

Provider of hosting, service provider for direct marketing

(5) Duration of storage

Your data will be deleted if it can be inferred from the circumstances that your queries or questions have been completely clarified.

However, if a contract is concluded, the data required by commercial and tax law will be retained by us for the periods as required by law, i.g. generally for ten years (cf. § 257 HGB, § 147 AO).

(6) Right of revocation

You have the right to revoke your consent for processing at any time in compliance with your consent.

 

Sect. 3 Comments

(1) Purpose of data processing

Adding comments is possible. Your personal data (e.g. name/pseudonym, email address, website) collected in this scope will be solely processed for the purpose of publishing your comments.

(2) Legal basis

The legal basis for such processing is set out in Article 6 (1) (f) of the GDPR.

(3) Legitimate interest

Our legitimate interest is the public exchange of user opinions on specific topics and products. The publication serves, among other things, the purpose of transparency and opinion-forming. Your interest in data protection is preserved, as you can publish your comment under a pseudonym.

(4) Duration of storage

There is no provision for a certain storage period. You may request the deletion of your comment at any time.

(5) Right of objection

You have the right to object at any time to the processing of data which was performed according to Article 6 (1) (f) of GDPR and which does not serve direct marketing for reasons arising from your particular situation.

In the case of direct marketing, however, you may object to the processing at any time without stating any reasons.

 

Sect. 4 More information

We always try to make our products as easy as possible for all our users. Nevertheless, it can happen that a user needs help at some places. For situations like these, we store data to find out where we can make our products even easier.

 

Sect. 5 Web Analysis with Google Analytics

(1) Purpose of data processing

This website uses Google Analytics, a web analysis service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. ("Google"). Google Analytics uses so-called “cookies”, small text files, which are placed on your computer to analyze how you use the website. The information generated by the cookie about your use of this website will be transmitted and saved on server in the United States by Google. If the anonymizeIP function is activated on this website, Google will shorten your IP address in advance within the member states of the European Union or in other states which are parties to the Agreement on the European Economic Area. Only in exceptional cases Google will transmit the full IP address on server in the United States and will shorten there. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activities and providing other services related to website and internet usage for the website operators.

(2) Legal basis

The legal basis for such processing is set out in Article 6 (1) (f) of the GDPR.

(3) Legitimate interest

Our legitimate interest is the statistical analysis of user behavior for optimization and marketing purposes. For your interest in data protection, this website uses Google Analytics with the extension "anonymizeIP()", so that the IP addresses are only processed in an abridged form in order to exclude direct personal reference.

(4) Recipient categories

Goolge, Partner companies

(5) Transfer to a third country

Google LLC, located in the USA, is certified for the EU-US Data Protection Agreement "Privacy Shield", which guarantees compliance with the data protection rates applicable in the EU.

(6) Duration of Storage

Unlimited

(7) Right of objection

You can prevent the installation of the cookies in your browser settings. If you choose to change your settings you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: optout

You may also generate blocking by setting an opt-out cookie. If you want to prevent the future collection of your data when you visit this website, please click here: Disable Google Analytics

 

Sect. 6 Web Analysis

Google Analytics: We use Google Analytics with anonymized IP addresses to determine how many users are interested in what content on our sites. Thus, we have the opportunity to improve and expand the areas of our sites that are most helpful to our customers. HubSpot: To better measure the success of marketing actions, we use HubSpot for tracking. HubSpot helps us to understand how we can offer our customers the best possible products.

 

Sect. 7 Information about cookies

(1) Purpose of data processing

This website uses technically necessary cookies. These are small text files that are stored in or by your Internet browser on your computer system and only serve the functionality of the website. Other cookies remain stored permanently and recognize your browser on your next visit to improve theusability of the website.

(2) Legal basis

The legal basis for such processing is set out in Article 6 (1) (a) of the GDPR.

You have expressly given your consent to the use of cookies on our website as follows:

Allow all cookies

(3) Duration of storage

The technically necessary cookies are usually deleted when the browser is closed. Permanently stored cookies remain stored from a few minutes to several years.

(4) Right of revocation

If you do not wish these cookies to be stored, please deactivate the use of cookies in your Internet browser. However, this may cause a functional limitation of our website.

Your consent to persistent cookies can be withdrawn at any time by deleting the cookies in your browser settings.

 

Sect. 8 Social plugins

(1) We use social plugins from facebook.com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. The plugins can be recognised by the Facebook logo or the addition of "Facebook social plugin”. If you click on the "Like" button or enter a comment, the corresponding information is sent directly from your browser to Facebook and stored there. Details on the handling of your personal data by Facebook and your relevant rights can be found in the privacy policy: Facebook. If you do not want Facebook to collect information about you via our web pages, you should log out of Facebook before you visit our website. You can prevent the storing of Facebook plugins also with add-ons for your browser completely, e.g. with the „Facebook blocker“ (Facebook).

(2) In connection with Twitter and the Re-Tweet functions, we use the so-called “social plugins” from twitter.com, operated by Twitter Inc. 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. The plugins are marked with a Twitter logo such as the blue "Twitter bird". If you use the Re-Tweet functions, the web pages you visit will be disclosed to third parties and linked to your Twitter account. For details on the use of your data by Twitter as well as on your rights and setting options to protect your personal data, please see the privacy policy: Twitter. If you do not like the fact that Twitter directly assigns the data collected over our web appearance to your Twitter account you must out-log on Twitter before your visit of our website. You can prevent the storing of Twitter plugins also with add-ons for your browser completely, e.g. with the script blocker (NoScript).

(3) On our website we use so-called "social plugins” of the social network Google+, which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, the USA (“Google”). The plugins are recognizable e.g. on buttons with the indication “+1” on white or colored background. An overview of Google plugins and their appearance you find here. If you call a side of our web appearance, which such plugin contain, your browser develops a direct connection to the servers of Google. Contents of the plugins are conveyed by Google directly to your browser and merged into the side. By the integration Google receives the information that your browser called the appropriate side of our web appearance, even if you possess no profile with Google+ or are not logged in with Google+. This information (including your IP-address) is conveyed by your browser directly to a server of Google into the USA and stored there. If you are logged in with Google+, Google can assign directly the visit of our website to your Google+ profile. If you interact with the plugins, for example operate the “+1” - button, the appropriate information will be conveyed directly to a server by Google and stored there. In addition the information is published on Google+ and is shown to your contacts on Google+. Purpose and range of the data acquisition and the further processing and use of the data by Google as well as your relevant rights and attitude possibilities for the protection of your privacy you please take from the privacy statements of Google. If you do not like the fact that Google directly assigns the data collected over our web appearance to your profile on Google+ you must out-log on Google+ before your visit of our website with Google+. You can prevent the loading of Google plugins also with add-ons for your browser completely.

 

Sect. 9 Newsletter

(1) Purpose of data processing

When registering for the newsletter, your e-mail address will be used for advertising purposes, i.e. the newsletter will inform you in particular about products from our product range. For statistical purposes we may evaluate which links are viewed in the newsletter. However, it is not recognizable for us, which concrete person has accessed the links.

You have expressly given the following consent separately or, as the case may be, in the course of the ordering process: Join our Newsletter

(2) Legal basis

The legal basis for such processing is set out in Article 6 (1) (a) of the GDPR.

(3) Recipient categories

if necessary: newsletter provider

(4) Duration of storage

Your e-mail address will only be stored for the respective duration of your registration.

(5) Right of revocation

You may revoke your consent at any time with effect for the future. If you no longer wish to receive the newsletter, you may unsubscribe as follows:By an opt-out link in the newsletter

 

Sect. 10 Your rights as a data subject

If your personal data is being processed, you are the ‘data subject’ in terms of GDPR and you have the following rights towards us, the controller:

1. Right to information

You may request us to provide information about your personal data processed by us under Article 15 of the GDPR.

2. Right to rectification

If your personal data provided to us is not up to date or not accurate you have the right to ask for modifications to your personal data under Article 16 of the GDPR. You also have the right to request us to complete an incomplete data.

3. Right to erasure

You have the right to have your personal data erased and ask for deletion of your data under Article 17 of the GDPR.

4. Right to restriction of processing

You have the right to restrict the processing your personal data under Article 18 of the GDPR.

5. Right to data portability

You have the right referred to in Article 20 of the GDPR to receive your personal data provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller.

6. Right to revoke the consent given under data protection law

You have the right referred to in paragraph 3 of Article 7 to withdraw your given consent based on the data protection provisions at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

7. Right to lodge a complaint with a supervisory authority

If you consider that the processing of personal data relating to you infringes the GDPR, you have the right referring to in Article 77 of the GDPR to complain to the supervisory authority against the processing of your personal data (in particular in the Member State of your habitual residence, place of work or place of the alleged infringement ).

Please also note your right of objection under Article 21 GDPR:

a) In general: reasoned objection required

If the processing of personal data concerning you takes place in order

- to perform our overriding legitimate interest (legal basis: Article 6 (1f) GDPR)

or

- to safeguard the public interest (legal basis: Article 6 (1e) GDPR),

you are entitled to object to the processing at any time for reasons arising from your particular situation; this also applies to profiling based on the provisions of the GDPR.

In the event of objection, we will no longer process the personal data concerning you unless we can prove compelling grounds for processing which override your interests, rights and freedoms, or the processing is necessary for the establishment, exercise or defence of legal claims;

b) Special case of direct marketing: simple objection is sufficient

If the personal data concerning you are processed for the purpose of direct marketing, you have the right to object at any time to the processing and without stating reasons; this includes profiling to the extent that it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.

 

Responsible for data processing:
Florian Schaeffler
Kolpingstr. 5
89415
Phone: +49 (0) 9072 71 82 918
florian.schaeffler@hikey-resources.com

Document produced and updated by janolaw AG.

This policy together with our terms of use set out at https://hikey-resources.com/en/legal/#terms-conditions (together our Terms of Use) sets out the terms upon which Hi-Key Resources Pty Limited ACN 603 178 276 of 405/747 of PO Box 343, Vermont VIC 3133, Australia (“we” or “us”) will process any personal information that is collected through the use of the website at www.hikey-resources.com (Web Site), from our industry partners, clients, contractors or directly from you, and applies to your use of:

  • Time2L software and mobile application (App) is available on Google play or the iTunes Store and once you have downloaded or streamed a copy of the App onto your PC, mobile telephone or handheld device (Device) and registered for use.
  • Any of the services accessible through the App (Services) that are available on the App Site, Web Site or other sites of ours (Sites), unless the EULA states that a separate privacy policy applies to a particular Service, in which case that privacy policy only applies.

We reserve the right, at our discretion, to modify or remove portions of this policy or the Terms of Use at any time. We do not make any representations about third party web sites that may be linked to the Sites.

We recognise the importance of protecting the privacy of information collected about visitors to our Sites, in particular information that is capable of identifying an individual (personal information). Should we ask you to provide any information by which you can be identified, we assure you that it will only be used in accordance with these Terms of Use and the Australian Privacy Principles.

By proceeding to use our Sites or Services, you consent that we may process the personal information (including sensitive personal information) that we collect from you in accordance with our Terms of Use.

Our Terms of Use may be updated from time to time and should be reviewed periodically so that you are updated on any changes. If you think our Terms of Use fall short of your expectations or that we are failing to abide by our policy, do please tell us. Your continued use of the Sites following any changes indicates that you accept the changes.

Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.

The information we may collect includes:

  • your name, birth date, address, e-mail address and phone number, the Device’s phone number, age, username, password and other registration information, financial information, personal description and photograph, employment and contact information.
  • location information.
  • information about your Device.
  • information from a third party (relevant person) given to us in the course of your business and ours, or your employment with a business specifically to enable you to buy or participate in a Service offered to you or your employer, such as information pertaining to working hours and locations.
  • other information relevant to the customisation of a document on a Site or provision of the Services.
  • Information you send to us by use of the Site, by email, posting to a forum or blog.

We may receive personal information from third parties. If we do, we will protect it as set out in these Terms of Use.

This information is used:

  • to provide to provide information to our network of industry partners as may be necessary to provide you or your employer with the Services requested.
  • for verifying your identity for security purposes.
  • for internal record keeping.
  • for marketing our services and products.

Information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.

As with most online businesses, we may log information about your access and use of our Sites, including through the use of Internet cookies and measurement tools, your communications with our Sites, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider. We do not presently associate such information with an identifiable person.

We may contact you by a variety of measures including by telephone, email, sms or mail. If you wish to update your contact details or change the way we contact you, please contact us at the details below.

Disclosure of personal information

We may disclose personal information including:

  • for the purpose of providing information, products and Services to our clients.
  • to verify personal information details upon request from third parties (such as logged working hours and our location based information).
  • to comply with our legal and regulatory obligations, including disclosure and reporting to Commonwealth, State and Territory government agencies.
  • for users under 18, information regarding attendance, progress and general well-being may be provided in order to keep parent(s) and/or guardian(s) adequately informed. If you are under 18, you may use our site only with consent from a parent or guardian.
  • to credit reporting agencies and courts, tribunals, regulatory authorities where clients fail to pay for Services provided by us to them.
  • to courts, tribunals, regulatory authorities, and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights.
  • to the relevant third party or parties, with our client’s consent, if the matter involves third parties. and
  • to third parties, including agents, referral partners, contractors and sub-contractors for the purposes of providing information, products and Services to you. This may include parties located, or that store data, outside of Australia.

When we obtain information from a relevant person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.

By providing us with personal information, you consent to this disclosure. Where we disclose your personal information to third parties, we will request or otherwise seek to get comfortable that the third party follows the Australian Privacy Principles regarding handling your personal information. However, if you provide information to us with a view to it being read, copied, downloaded or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to all the World, you have no control whatever as to how it is used.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith and where we have sought to maintain confidentiality.

We do not typically or routinely disclose personal information to overseas recipients. Unless consent has been given, or an exception under the Australian Privacy Principles applies. We will only disclose personal information to overseas recipients where reasonable steps have been taken to ensure the overseas recipient does not breach the Australian Privacy Principles in relation to your personal information. In circumstances where information is disclosed to overseas recipients, those recipients are likely to be located in countries in the regions in which we operate.

We are committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure that information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

No information transmitted over the Internet can be guaranteed to be secure. We cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with these Terms of Use.

Financial information relating to your credit cards

This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website of PayPal or some other reputable payment service provider. That page may be dressed in our “livery”, but it is not controlled by us. Our staff and contractors never have access to it.

Financial information about your direct debit

When you have agreed to set up a direct debit arrangement, the information you have given to us is passed to our own bank Commonwealth Bank of Australia for processing according to our instructions. We do keep a copy.

We are registered under the direct debit guarantee scheme. (This provides for the customer’s bank to refund disputed payments without question, pending further investigation. Direct debits can only be set up for payments to beneficiaries that are approved “originators” of direct debits. In order to be approved, these beneficiaries are subjected to careful vetting procedures. Once approved, they are required to give indemnity guarantees through their banks.)

Cookies

Cookies are small text files that are placed on your computer’s hard drive through your web browser when you visit any web site. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the site.

Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser), or may remain on your computer until you delete them or until a defined period of time has passed.

Although your browser software enables you to disable cookies, we recommend that you allow the use of cookies in order to take advantage of the features of our website that rely on their use. If you prevent their use, you will not be able to use all the functionality of our Sites. Here are the ways we use cookies:

  • to record whether you have accepted the use of cookies on our web site.
  • to allow essential parts of our web site to operate for you.
  • to operate our content management system.
  • to operate the online notification form – the form that you use to contact us for any reason.
  • to enhance security on our contact form.
  • to collect information about how visitors use our site.
  • to record your activity during a webcast.
  • to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for 90 days.

Calling our help line

When you call our help line, we collect Calling Line Identification (CLI) information. We use this information to help improve the efficiency and effectiveness of our help line.

Sending a message to our support system

When you send a message, we collect the information you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business / organisation. We do not keep any personally identifiable information associated with your message, such as your name or email address.

Complaining

When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and, if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

Removal of your information

If you wish us to remove personally identifiable information from our web site, you may contact us at support@hikey-resources.com. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

Data may be “processed” outside Australia

Our web sites are hosted in Ireland. We also use outsourced services in countries outside Australia from time to time in other aspects of our business. Accordingly data obtained within Australia may be “processed” outside Australia and data obtained in any other country may be processed within or outside that country.

Complaints procedure

  • If you have a complaint about how we are collected or handled your personal information, please contact us. We will endeavour in the first instance to deal with your complaint and take action to resolve the matter.
  • If your complaint cannot be resolved at the first instance, we will ask you to lodge a formal complaint in writing, explaining the circumstances of the matter that you are complaining about, how you believe your privacy has been interfered with and how you believe your complaint should be resolved.
  • We will acknowledge receipt of your formal complaint and indicate the timeframe that you can expect a response. We will endeavour to resolve the complaint as quickly as possible, but if the matter is complex and our investigation may take longer, we will let you know when we expect to provide our response.
  • If you are unhappy with our response, you may refer your complaint to the Office of the Australian Information Commissioner.
  • For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s web site; http://www.privacy.gov.au/

If you have any question regarding the privacy policy, please contact us through the contact page.

How you can contact us

Emailing support@hikey-resources.com

Sending a letter: Attn: Privacy Officer, Hi-Key Resources Pty. Limited, PO Box 343, Vermont VIC 3133, Australia

Terms & Conditions

Welcome to Time2L, a digital productivity timesheet tool, made available by Hi-Key Resources Pty Ltd (ACN 603 178 276) of PO Box 343, Vermont VIC 3133, Australia (HiKey), which is capable of integrating into Your ERP accounting and payroll system. These Terms of Use (Terms) are intended to explain our obligations as a service provider, Your obligations as a Customer and or User and the terms and conditions of using our Service. Please read them carefully.

The Time2L Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Time2L Service. HiKey reserves the right to change these Terms at any time, effective upon the posting of modified Terms and HiKey will make every effort to communicate these changes to You via email or notification via the Website. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent Terms available on the Website.

By registering to use the Service You acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity or person for whom You use the Service.

These Terms were last updated on 25 May 2018.

1. Definitions

  • “Access Fee” means the fees payable by the Customer for use of the Software and the Services.
  • “Admin Portal” means the web portal provided by HiKey that allows the Customer to manage the Software it has licensed.
  • “Agreement” means these Terms of Use.
  • “Customer” means the legal entity that enters into a business relationship with HiKey in respect of the use of the Software and provision of the Services.
  • “Data” includes all information or data submitted by You or on behalf of the Customer and its Users via the Software.
  • “HiKey” means Hi-Key Resources Pty. Ltd. (ACN 603 178 276).
  • “Intellectual Property” includes all rights throughout the world in relation to patents, copyright (including moral rights), designs, registered and unregistered trademarks, trade secrets, know-how, confidential information and all other intellectual property and any right to register those rights, whether created before or after the date of this Agreement, and in all cases for the duration of those rights and any renewal, and for the avoidance of doubt, includes all such rights in respect of the Software in source code and object code format.
  • “Party” means the Customer, a User or HiKey as the context requires, and “Parties” means the Customer, a User and HiKey together.
  • “Service” means the online digital timesheet tool together any Customisation or Maintenance services relating to the Software and made available by HiKey from time to time.
  • “Software” means any mobile applications, administrative codes, application programming Interfaces (API’s), plug-ins or other software HiKey makes available to You, and includes any Interfaces, applications and Admin Portals made available in connection with the use of any specific software programs. For the avoidance of doubt, HiKey’s Software includes but is not limited to the software application known as “Time2L”.
  • “User” is an individual who is authorised by a Customer to use or access the Software. Users can be but are not limited to a Customer’s employees, contractors, agents and any third party the Customer invites to use the Software. For the avoidance of doubt, multiple Users of the Software may belong to one single Customer.
  • “You” means the Customer, and where the context permits, a User. “Your” has a corresponding meaning.

2. Interpretation

In this document, unless a contrary intention is expressed:

(a) where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(b) the singular includes the plural and the plural includes the singular;

(c) a reference to any document is a reference to that document (and, where applicable, any of its provisions) as amended, novated, supplemented or replaced from time to time;

(d) a reference to a party to this document includes that party’s executors, administrators, successors and permitted assigns; and

(e) the word “including” is not to be treated as a word of limitation.

3. Use of Software

HiKey grants You the right to access and use the Service via the Website with the particular user roles available to You according to an agreement between HiKey and the Customer. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Customer and the Users, or any other applicable laws:

(a) the Customer determines who is a User and what level of user role access to the relevant organisation and Service that User has;

(b) the Customer is responsible for all Users’ use of the Service;

(c) the Customer controls each User’s level of access to the relevant organisation and Service at all times and can revoke or change a User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an User or shall have that different level of access, as the case may be;

(d) if there is any dispute between a Customer and a User regarding access to any organisation or Service, the Customer shall decide what access or level of access to the relevant Data or Service that User shall have, if any;

(e) HiKey may suspend or terminate Your use of the Service in the event that any invoices for Access Fees are not paid in full by the due date for payment; and

(f) You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by HiKey or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.

4. Access Conditions

(a) By entering into this Agreement, or accessing and using the Software, or requesting the Services of HiKey, You are representing to HiKey that you have read, understood, accepted and agreed to be bound by the provisions of this Agreement.

(b) As a condition of these Terms, when accessing and using the Services, You must:
(i) not attempt to undermine the security or integrity of HiKey’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
(ii) not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
(iii) not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
(iv) if the Customer is a company or other entity or organisation:not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
(iv) not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

(c) At any time and in its sole discretion HiKey reserves the right to discontinue, update, revise, remove or otherwise change Software features and functionality, and the right to revise, update and modify the Terms. Such modifications to this document will be effective immediately or at such future date as may be specified by HiKey. HiKey will use its reasonable efforts to notify You of any changes to this Agreement or to the Software. Your continued use of the Software and or the Services thereafter will be deemed acceptance of such changes to this Agreement and/or the Software.

(d) The Customer and each of its invited Users must, and must ensure that its Users, comply with any rules, regulations, guidelines or similar documentation posted or otherwise made available by HiKey in respect of the Software and or the Services.

(e) The provision of, access to, and use of, the Services is on an “as is” basis and at Your own risk.

5. General Representations and Warranties

You represent and warrant to HiKey that:

(a) You have the full right, power and authority (including corporate right, power and authority, as applicable) to enter into the Agreement;

(b) the acceptance of the Agreement and the performance of its obligations and duties hereunder do not and will not violate any agreement to which it is a party or by which it is bound;

(c) You agree to comply with all applicable federal, territory and state laws and regulations in the performance of its obligations under the Agreement;

(d) The Customer is solely responsible for its Data and the Data of its invited Users, including without limitation, the security of such Data;

(e) You have all necessary rights and licenses, consents, permissions, waivers and releases to use the Data and submit it via the Software, including in respect of use and management of Data in accordance with the Agreement terms;

(f) if You are an individual, that you are at least eighteen (18) years of age and have the legal capacity or permission of a legal guardian to enter into the Agreement; and

(g) the information You provide in connection with entry into the Agreement is accurate, complete and in compliance with the requirements of the Agreement;

(h) if You are a company or other entity or organisation:
(i) such entity or organisation is duly authorised to do business in Australia and any other country or countries where it operates,
(ii) the individual entering into this Agreement on behalf of the Customer meets the requirements of clause 5(f) above and is an authorised representative of such entity or organisation, and
(iii) it will take all steps required to ensure that the Users authorised by the Customer to access and use the Software comply with the terms of the Agreement as applicable.

(i) You are acquiring the right to access and use the Software and or the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Software, the Services, the Website or these Terms

6. Provision of Maintenance Services

(a) If it is agreed that HiKey will provide Maintenance Services to the Customer, HiKey will perform these services at such frequency and duration as it considers reasonable to ensure that:
(i) errors in the Customisations supplied by HiKey that are identified by the Customer or which otherwise come to the attention of HiKey are rectified; and
(ii) the Customisations remains in conformity with the specifications agreed between the Customer and HiKey

(b) The Maintenance Services will be provided by HiKey for the duration agreed by the parties and at the sole option of HiKey will take the form of:
(i) telephone or email advice;
(ii) remote access error correction;
(iii) on-site attendance followed by such advice, programming or re-configuration as HiKey considers necessary;
(iv) provision of third party assistance; and
(v) such services as HiKey considers are more effectively provided off-site.

(c) HiKey will provide the Maintenance Services in response to a report by the Customer of a suspected defect or error in the Customisations, which allegedly causes the Customisations to deviate from the agreed specifications.

(d) The Customer acknowledges and agrees that HiKey may in its discretion appoint a sub-contractor to provide some or all of the Maintenance Services to the Customer.

(e) HiKey will provide the Maintenance Services between 9 am and 5 pm on any Business Day. HiKey does not warrant that it will be capable of promptly receiving, processing or otherwise acting upon a request for support which is made outside HiKey’s normal business hours.

(f) Immediately after making a request for Maintenance Services which may involve error correction or program modification, the Customer must give HiKey a documented example of the defect or error which it alleges prevents conformity of the Customisations with the applicable specifications.

(g) The Customer must, if so requested by HiKey, give HiKey a listing of output and any other data which HiKey requires in order to reproduce operating conditions similar to those present when any alleged defect or error in the Customisations was discovered.

(h) Unless otherwise expressly stated, Maintenance Services to be provided by HiKey under this document do not include:
(i) changes to the Software;
(ii) correction of errors or defects caused by operation of the Software or Customisations in a manner other than that currently specified by HiKey;
(iii) correction of errors or defects caused by modification, revision, variation, translation or alteration of the Software or other Customisations not authorised by HiKey;
(iv) correction of errors or defects caused by the use of the Software or Customisations by a person not authorised by this document or HiKey;
(v) correction of errors in the Customisations caused in whole or in part by the use of computer programs other than the Software;
(vi) correction of errors caused by the failure of the Customer to provide suitably qualified and adequately trained operating and programming staff for the operation of the Software or Customisations;
(vii) training of operating or programming staff;
(viii) rectification of operator errors;
(ix) rectification of errors caused by incorrect use of the Software or Customisations;
(x) rectification of errors caused by an equipment fault;
(xi) equipment maintenance;
(xii) diagnosis or rectification of faults not associated with the Software or Customisations;
(xiii) furnishing or maintenance of accessories, attachments, supplies, consumables or associated items, whether or not manufactured or distributed by HiKey;
(xiv) correction of errors arising directly or indirectly out of the Customer’s failure to comply with this document or any other agreement with HiKey; or
(xv) correction of errors or defects which are the subject of a warranty under another document.

(i) If the Customer so requests in writing, HiKey may at its option provide any of the Maintenance Services referred to in clause 6(h). Such services will be charged on a time and materials basis.

(j) The Customer must ensure that HiKey’s personnel are provided with all information, facilities, assistance and accessories reasonably required by HiKey to enable HiKey to comply with its obligations under this document.

(k) If reasonably requested by HiKey, the Customer must provide a suitably qualified or informed representative to HiKey’s personnel and provide such advice or assistance to those personnel as may be necessary in order to enable HiKey to effectively perform the Maintenance Services.

7. Service interruptions

(a) HiKey can modify or cease to offer the Software, or any part thereof, at any time without prior notice.

(b) To the full extent permitted by law, Hi-Key does not warrant that the Software or Services (or any part of them) will be error free, or that the Customer’s use of the Software will be uninterrupted, or meet the requirements of the Customer.

(c) To the full extent permitted by law, HiKey will not be liable for any damages arising out of or related to interruption of, or defects in use or transmission of, the Software, including without limitation interruptions or defects due to inability to access the Internet or any part thereof, equipment modifications, upgrades, relocations, or repairs. No reduction of payments will be made in the case of temporary interruption of or defects in use or transmission of the Software.

(d) HiKey will not be liable for interruption of or delays in use or transmission of the Software caused by acts of god, fire, water, riots, acts of Government, acts or omissions of Internet providers, or any other causes beyond HiKey’s control.

8. Cancellations and Termination

(a) You can terminate the Agreement at any time at which time Your access to the Software or the Service will cease.

(b) HiKey can temporarily suspend Your entitlement to use the Software without prior notice and/or terminate the Agreement where:
(i) You have committed a material breach of the Agreement that is not capable of remedy;
(ii) You have committed a material breach capable of remedy and has failed to remedy that breach within 7 calendar days after receiving notice in writing requiring the breach to be remedied;
(iii) an Insolvency Event has occurred, or is threatened to occur, in respect of the Customer; or
(iv) the Customer ceases business.

(c) Without affecting subclause (b), HiKey can at any time terminate this Agreement with immediate effect.

(d) Termination of the Agreement will result in the deactivation of Your ability to access the Software, and may result in the deletion of all content linked to the Customer account including but not limited to Data. HiKey will only retain, store, use and disclose Data once the Agreement is terminated to the extent required or permitted by law, and in all cases in accordance with the terms of its Privacy Policy.

(e) Termination of these Terms is without prejudice to any rights and obligations of the Parties accrued up to and including the date of termination. On termination of this Agreement:
(i) the Customer will remain liable for any accrued charges and amounts which become due for payment before or after termination; and
(ii) You will immediately cease to use the Software, the Services and the Website.

(f) The rights and obligations under clauses 3, 5, 7, 8(d), 8(e), 9, 10, 10(c), 12(a), 12(b) and 15 survive the expiry or termination of the Agreement and continue in full force and effect, together with any other rights and obligations which are by their nature or effect intended to survive.

9. Intellectual Property

(a) HiKey is the sole and exclusive owner of the Software, including all associated Intellectual Property, and reserves all rights accordingly.

(b) You must not, and must ensure that Users and all other third parties do not, attempt to reverse engineer, decompile, disassemble, re-engineer, or otherwise discover, recreate, or attempt to discover or recreate the Software or its source code, or otherwise infringe the Intellectual property of HiKey. You must ensure that You and other third parties authorised by You do not, modify or attempt to modify the Software.

(c) The Customer is the owner of all Data. You grant to HiKey a fee-free, perpetual licence to access and use the Data to the extent necessary for HiKey to provide the functionality of the Software and its Services. You are responsible for ensuring that all Data is truthful, accurate and correct.

(d) You acknowledges to HiKey that You have read and understood the HiKey Privacy Policy, which is available on the Website (https://hikey-resources.com/en/legal/#privacy-policy) and is incorporated into, and forms part of, this Agreement.

(e) HiKey will use reasonable efforts to ensure that Data is maintained in a secure manner, but this will not affect or restrict the operation of clause 11(b).

(f) You acknowledge for the avoidance of doubt that Data may be transferred to any successor in title of HiKey.

10. Indemnification

(a) You will at all times be responsible for and indemnify HiKey and its affiliates, employees, officers, directors, agents, and successors (those indemnified) from and against any claims made against, or losses, damage or liability incurred by, any of those indemnified (and including without limitation solicitor’s fees on a solicitor-own client basis) that arise out of, in connection with or in respect of:
(i) any breach by the Customer or any of its Users of any of their obligations under the Agreement, or any warranty or representation given under the Agreement;
(ii) any unauthorised acts, fraud, wilful default, dishonesty or negligence of the Customer or any of its Users;
(iii) the violation by the Customer or any User of any rights, including without limitation Intellectual Property, of HiKey, or those of any third party which result from the use of the Software by the Customer;
(iv) HiKey’s refusal to provide any person access to Your information or Data in accordance with these Terms; or
(v) HiKey making available information or Data to any person with Your authorisation.

(b) Your obligation to indemnify those indemnified will survive the expiration or termination of this Agreement for any reason.

(c)The indemnity referred to in this clause will be granted whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner or nature of any settlement, compromise or determination, and will survive termination or expiration of the Agreement.

11. Limitation of Liability and Warranty

(a) To the fullest extent legally permitted, HiKey makes no warranties, express or implied, in respect of the Software, the Services, or any aspect thereof. Without limiting the foregoing, HiKey specifically disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, acceptable quality, or fitness for any purpose. HiKey does not warrant that the Software will meet Your requirements or operate without error, interruption or downtime.

(b) Furthermore, to the full extent permitted by applicable law, HiKey will not be liable to the Customer or any User for any loss, including loss of Data or special, indirect or consequential damages (such as loss of profits), or claim, arising out of breach of the Agreement (including for the avoidance of doubt any unauthorised access to or disclosure of Data) or HiKey’s negligence, or arising out of the supply of defective Software or Services.

(c) Without limiting the preceding subclauses or clause 5(i), to the full extent permitted by applicable law, HiKey’s liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by HiKey, including the consumer guarantees set out in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and all similar or equivalent legislation, rules and regulations is limited to (at HiKey’s option):
(i) in the case of goods, including the Software (to the extent the Software is considered a good under applicable law) – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to the Customer; or
(ii) in the case of services, including the Services – supplying the services again or re-paying the cost of the Services rendered.

(d) To the extent permitted by law, Your sole and exclusive remedy, if it is dissatisfied with the Software or with any terms, conditions, rules, policies, guidelines, or practices of HiKey is to discontinue using the Software and terminate the Agreement.

(e) Without limiting or affecting any other provision of the Agreement, to the full extent permitted by applicable law, HiKey’s maximum aggregate liability to the Customer or any User is limited the total value of the Access Fees paid by the Customer to HiKey in the preceding two (2) months prior to termination of this Agreement.

12. Limitations on the utilisation of the Service and the Software

(a) You acknowledge that the Software is not a payroll system and You agree to take full responsibility to validate the accuracy of Data produced by the Software when used by Customer for its own payroll or billing purposes. You assume sole and full responsibility for compliance with all applicable laws, including workplace relation laws and reporting obligations, in connection with its use of the Software and the output of the Software, and must indemnify HiKey on demand against any liability HiKey may incur in respect of the Customer’s use of the Software. Certain features of the Software, including multiplying hours tracked by a monetary figure supplied by Customer, are provided for convenience and Your reference only and do not and will not reflect the actual calculation of any payment payable by Customer to any person or entity and can never be relied on as such and are not warranted or guaranteed by HiKey to be a payroll calculation or any other payment calculation.

(b) You must not interfere with or attempt to interfere with or disrupt the integrity, security, functionality or proper working of the Software. You must only access the Software through the interfaces and protocols provided or authorised by HiKey. You may not compile or use the HiKey provided materials or any other information obtained through the Software or the Website for the purpose of unsolicited direct marketing, spamming, unsolicited contacting of customers, or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate the Spam Act 2003 (Cth) or the Privacy Act 1988 (Cth).

13. Access and Security

(a) You responsible for maintaining the confidentiality of any passwords used by the Customer or its Users to access the Software, and must not disclose such passwords to any unauthorised third parties. Each party will promptly notify the other of any unauthorised access to or use of Data or passwords. The parties will use reasonable efforts to take remedial measures to address any such unauthorised access.

(b) HiKey has no obligation to monitor the Software or its use, but may do so in its discretion. HiKey has the right to monitor use of the Software and to disclose any information arising out of it, including without limitation Data, to the extent necessary to satisfy any law, regulation, or demand of government or of internal auditors or to protect HiKey or its customers. HiKey can, but is not obliged to, remove or refuse to post any materials that it finds, at its sole discretion, to be offensive, undesirable, in violation of the Agreement, or otherwise unacceptable.

14. Dispute Resolution

(a) All disputes between the parties must be referred in writing to a representative appointed by each party (Representative) who will attempt to resolve the dispute by negotiations in good faith.

(b) If the dispute is not settled within 14 days of the receipt by each representative of notification of a dispute pursuant to clause 14(a), the parties agree to refer the dispute to a mediator to be mutually agreed, or in default of agreement within five days of either party requesting the other to agree a mediator, to be appointed by the President for the time being of the Law Society of New South Wales. The mediation will be held in Sydney, New South Wales, and the parties will equally share the costs of the mediator while otherwise each bearing their own costs of attending and participating in the mediation.

(c) If mediation pursuant to clause 14(b) fails to resolve the dispute, each party is free to commence legal proceedings to resolve the dispute.

(d) Nothing in this clause 14 is to be interpreted as preventing either party from obtaining interlocutory relief from an appropriate court if it is reasonably necessary to do so to protect the interests of that party.

15. General Conditions

(a) These Terms, together with the HiKey Privacy Policy and the terms of any other notices or instructions given to You under these Terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and HiKey relating to the Services and the other matters dealt with in these Terms.

(b) The Customer acknowledges and understands that HiKey may use third party vendors to supply the necessary storage, software, hardware, networking and all other technologies related to the operation of its products and services, including the Software.

(c) If any provision of this document is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this document or affecting the validity or enforceability of that provision in any other jurisdiction.

(d) In the event that any provision of the Agreement is held to be prohibited, invalid or unenforceable in any jurisdiction, , that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of the Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

(e) HiKey is controlled, operated and administered by its offices within Australia. HiKey makes no representation that HiKey’s Software or other products or services are appropriate or available for use at other locations outside of Australia. If You access or use the Software from locations outside of Australia, You are responsible for compliance with all local laws.

(f) The Agreement is governed by the law in force in the State of New South Wales. The Parties submit to the exclusive jurisdiction of the courts of that State and the New South Wales Registry of the Federal Court of Australia in respect of all proceedings arising in connection with this document.

(g) You will promptly do all things required by law or reasonably requested by HiKey to give effect to the Agreement.

(h) No waiver by HiKey of any breach or default by You is effective unless reduced to writing and signed by HiKey, and any such waiver does not constitute a waiver of any other continuing breach or default under the Agreement.

(i) Other than as provided in the Agreement, the rights and remedies provided under the Agreement are cumulative and not exclusive of any rights or remedies provided by law or of any other such right or remedy. Any single or partial exercise of any power or right does not preclude any other or further exercise of it or the exercise of any other power or right under the Agreement. The rights and obligations of the Parties pursuant to the Agreement are in addition to and not in derogation of any other right or obligation between the parties under any other deed or agreement to which they are parties.

16. Help Desk

Technical Problems: In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting HiKey. If You still need technical help, please check the support provided online by HiKey on the Website or failing that email us at support@hikey-resources.com

Please send any questions about the above terms and conditions to support@hikey-resources.com

GDPR Compliance

If needed, please request a pre-signed Data Processing Addendum at the email-address dpa@hikey-resources.com.

  • Amazon Web Services, Inc.: compute (EC2, ElasticBeanstalk, Lightsail), storage (S3), email delivery (SES), networking (CloudFront)
  • MongoDB, Inc.: storage (MongoDB Atlas)
  • Google LLC: storage (Drive), customer engagement (Survey), customer support (Gmail), statistics (Analytics), advertisement (AdWords)
  • Microsoft Azure by Microsoft Corporation: analyze (Power BI, Power BI Embedded), storage (Azure SQL), security (Azure Active Directory), compute (Azure Functions)
  • SolarWinds, Inc.: centralized remote logging (Papertrail)
  • Nekkra UG: image compression (Kraken)
  • Freshworks, Inc. (formerly Freshdesk): customer support
  • The Rocket Science Group LLC: customer engagement (MailChimp)
  • HubSpot, Inc: marketing, analytics, statistics
  • Slack Technologies, Inc: (internal) communication & customer support

Last modified (unless stated differently per section): Mon 26. November 2018