1-Stop Connections Pty Limited (ABN 102 573 544) (1-Stop) provides supply chain software and related services to enterprise customers in the container port ecosystem (Customers).
1-Stop has a number of mobile applications (the Apps) which are variously available to be installed on:
- individual users’ own (i.e. personal) devices (specifically addressed in Section 5 below);
- devices owned by 1-Stop and issued to individual users (specifically addressed in Section 6 below);
- devices owned and issued (and in some cases mandated to be used) by 1-Stop Customers to individual users (specifically addressed in Section 7 below); and
- devices owned and issued by companies other than 1-Stop Customers to individual users (also addressed in Section 7 below).
- Functionality of the Apps
The Apps interact with and are part of the broader 1-Stop software platform and:
- track and log the location of the device they are running on, while the App is active, using GPS data from the device (geotracking);
- allow individual workers to receive new jobs and confirm key activities required to be undertaken by them;
- facilitate a paperless gate process at sites where 1-Stop solutions are used;
- provide a communication channel for mass notifications; and
- track and log App crashes, user session activity, actions taken in the App itself while using the App and general App errors/malfunctions that may occur.
The Apps use third party applications (e.g. location services functionality) to capture geotracking and usage tracking data.
Information collected via the Apps may be:
- fed into the broader 1-Stop software platform;
- used for ongoing improvements to the Apps;
- shared with Customers; and/or
- shared with government and regulatory bodies.
- Target users of the Apps
The Apps will be used by individuals working in and around various sites. App users generally operate in or around heavy machinery, such as truck drivers, forklift drivers and container surveyors/inspectors.
- Requirement to accept T&Cs and Privacy Collection Statement
Each individual user of an App (including on devices owned by 1-Stop, 1-Stop Customers or other companies) will be required to accept 1-Stop’s App Terms & Conditions and the Privacy Collection Statement each time they use one of the Apps on a mobile device. 1-Stop will maintain a record of users’ acceptance of these. Please see Section 9 and Annexure A in relation to the App Terms & Conditions. Please see Annexure B for Privacy Collection Statement wording.
2 Geotracking overview
Other than the Privacy Act 1988 (Cth), which addresses personal information generally but does not specifically address geotracking, both New South Wales and Victoria regulate geotracking in:
- surveillance devices legislation; and
- workplace surveillance legislation.
Geotracking is always subject to a consent requirement and sometimes subject to a notice requirement.
- geotracking is subject to the consent requirement for all users of the Apps; and
- to the extent that 1-Stop tracks its own employees using the Apps and/or App geotracking data is provided to Customers (as the employers of individual users) or other companies (as the employers of individual users where the geotracking information is provided to them or they require their employees to use the App as part of their employment), both New South Wales and Victorian surveillance devices and workplace surveillance laws require that notice be given to those users.
Although Queensland was not in scope, we note that in response to a recently tabled Queensland Law Reform Commission review, the Queensland Government has announced its intention to introduce new surveillance devices legislation, which will almost certainly address tracking devices. If passed, we recommend a review of the new legislation against your App geotracking activities.
- Consent requirement
- geotracking by the App;
- the App Terms & Conditions;
- the Privacy Collection Statement.
This is only necessary once (i.e. on registration). Then each time the user opens the App (i.e. after registration), there is no need to refresh consent specifically but we suggest as discussed the App Terms & Conditions and Privacy Collection Statement be ‘accepted’ each time.
- Notice requirement
The workplace surveillance notice requirement is relevant only to the extent that the geotracking data is sent, accessed by or given to the employer of a user (e.g. a Customer). However, even if the notice requirement is met, this does not negate the consent requirement in the surveillance devices legislation noted in Section 2.1.
- iOS and Android consent
We understand that both the iOS and Android mobile operating systems have built-in pop-up prompts through which the user can allow the device to access location data. In iOS, the prompt allows the users to choose between the options Only While Using the App, Always Allow and Don’t Allow. In Android, the options are Allow and Deny and there is a radio button for ‘⦿ Don’t ask again’. In our view, this permission for Apps to access location services supports both the consent and notice requirements but cannot be relied on as the exclusive means of satisfying these requirements.
We recommend that 1-Stop tell App users who are: (i) employees of 1-Stop; (ii) employees of a 1-Stop Customer to whom geotracking data is given by 1-Stop; (iii) employees of some other entity to whom geotracking data is given by 1-Stop; or (iv) employees of an entity that requires them to install/use the Apps as part of their employment:
- on iOS to choose Only While Using the App; and
- on Android to choose Allow but leave ‘◎ Don’t ask again’ de-selected.
3 Geotracking law in New South Wales
Geotracking is regulated in New South Wales by and under:
- the Surveillance Devices Act 2007 (NSW) (NSW-SDA); and
- the Workplace Surveillance Act 2005 (NSW) (NSW-WSA).
You cannot track non-employee (i.e. contractors are covered by this) individuals in New South Wales (e.g. through their device or vehicle) without their express or implied consent. That is, pursuant to the NSW-SDA, you must not knowingly install, use or maintain a tracking device to determine the geographic location of: (a) a person without their (express or implied) consent; or (b) an object without the (express or implied) consent of the person in possession or having control of that object. A penalty of A$55,000 applies for a corporation in breach of this provision.
- You cannot conduct surveillance of an employee of 1-Stop in New South Wales while they are ‘at work’ without 14 days’ prior notice to that employee in writing. Similarly, other companies cannot conduct surveillance of their employees (e.g. by receiving geotracking data from 1-Stop) while their employees are ‘at work’ without 14 days’ prior notice to those employees in writing. However, we have incorporated a term into our revisions of the App T&Cs in Annexure A such that the individual agrees to waive their entitlement to a 14-day notice period.
- The notice must indicate:
- the kind of surveillance (i.e. geotracking);
- how the surveillance will be carried out (i.e. by monitoring the location of the device in the possession of the user);
- when the surveillance will start (i.e. when the relevant App is opened on the device);
- whether the surveillance is continuous or intermittent; and
- whether the surveillance will be for a specified set period or on an ongoing basis.
The employee does not need to make/give any kind of acknowledgement that they have been given notice.
Geotracking employees (and we note that this does not include contractors) when they are not ‘at work’ is an offence under the NSW-WSA. Thus, the App on any employee’s personal device (or in a vehicle they may use outside of work) must be able to be turned off.
4 Geotracking law in Victoria
Geotracking is regulated in Victoria under the Surveillance Devices Act 1999 (Vic) (Vic-SDA).
Victoria’s workplace privacy provisions are set out in the Vic-SDA rather than separate legislation but do not address geotracking.
Under the Vic-SDA, consent is required to install, use or maintain a tracking device to determine the location of an individual (whether an employee or otherwise). This includes tracking devices on a vehicle (e.g. a device with an App install and in use that has been affixed to a vehicle). Consent is required from the person in control of the vehicle. A penalty of A$198,264 applies for a corporation in breach of this provision.
5 Dos and don’ts: tracking individuals’ own devices
For employees and non-employees alike, 1-Stop must:
- obtain consent to geotracking specifically. This may be achieved by using two separate buttons in the Apps as suggested above in Section 1; and
- include a prominent notice on/at registration and/or the home/splash screen of the Apps (i.e. prominently visible when a user opens an App) complying with the NSW-WSA requirements set out in Section 3
1-Stop should, in addition to the above:
- incorporate functionality into the Apps such that at, or slightly before, the time a user is scheduled to ‘clock off’ from their shift or work day (or the time at which the individual is expected to finish undertaking a job they have been assigned), send a ‘push notification’ to the device reminding the individual to log out of the App;
- if practicable, incorporate functionality into the Apps such that the Apps only geotrack where a device’s geolocation is proximate to a designated worksite; and
- include or refer to the Privacy Collection Notice in each 1-Stop employee’s induction/welcome pack (e.g. annexed to their offer of employment or provided on their first day of work); and
- on registration and each login link to and obtain acceptance of the App Terms & Conditions and the Privacy Collection Statement by all individual users.
1-Stop must not:
- allow geotracking functionality of an App to operate where 1-Stop does not have ‘active’ consent from the user (e.g. the user has logged out of the App or otherwise withdrawn their consent); or
- allow an App to geotrack employees other than while the employee is at work (i.e. during work hours and on/near a Worksite).
6 Dos and don’ts: tracking 1-Stop devices
Please see the ‘dos and don’ts’ set out in Section 5 above.
In addition, if the use of devices issued by 1-Stop is subject to a usage policy, such policy should refer to the Privacy Collection Statement and call out the geotracking functionality of the Apps.
7 Dos and don’ts: tracking non-1-Stop devices
Please see the ‘dos and don’ts’ set out in Section 5 above.
In addition, where 1-Stop is aware that an App user is employed by a 1-Stop Customer, to the extent that geotracking data collected about a Customer’s employees is sent, accessed by or given to that Customer, 1-Stop should contractually require Customers to comply with their obligations under the NSW-SDA, Vic-SDA and NSW-WSA.
Where a mobile device running an App is affixed by a Customer or other company to a truck, forklift or other vehicle/object, the notice (complying with the NSW-WSA requirements set out in Section 3 above) should appear not only on the home/splash screen of the App but also in hard copy on the vehicle/object (e.g. a laminated sign on the dashboard of a truck cabin). 1-Stop should require each Customer to assist in the affixing of such notices to that Customer’s vehicles. If vehicles are never used by individuals other than when they are ‘at work’, continuous geotracking is permitted by law.
8 Example: Use of the Apps by truck drivers who visit sites
To illustrate the operation of these requirements we provide the following example.
In the case of truck drivers who may be employed by one of any number of employers (e.g. a truck company, a freight forwarder, an e-commerce fulfilment service, a hospital or a supermarket), the consent requirement will always apply. That is, the user of the App must be required to give their consent to geotracking by the App before using the App.
However, the application of the notice requirement will depend whether the truck driver has an identifiable employer and the tracking information is provided to that employer or that employer requires them to use it as part of their employment. If the truck driver’s employer is known to be a Customer, 1-Stop should contractually require that Customer to comply with the notice requirement (either giving 14 days’ notice or agreeing with the individual employee to waive the 14-day notice period) if 1-Stop is going to share any geotracking data with the Customer.
Similarly, where the truck driver’s employer is known to 1-Stop, 1-Stop should not share geotracking data with that employer unless the employer acknowledges the requirement to comply with the notice requirement.
In all cases where a truck driver has an identifiable employer, 1-Stop should avoid sharing App geotracking data with that employer where 1-Stop knows that the data was collected when the truck driver was not ‘at work’.
Where a trucking company ultimately/later becomes a 1-Stop Customer, 1-Stop should contractually require it to comply with the notice requirement or otherwise suspend the provision of its employees’ geotracking data to it until such time as it does.
9 App Terms & Conditions
As requested, we have amended the existing “Terms and Conditions” on your website to also accommodate the Apps.
While we have added some App-specific provisions and amended some terms to better suit both use of the ‘Site’ and the Apps, we have not reviewed, revised or advised on the original “Terms and Conditions” as included on your website at www.1-stop.biz/terms-and-conditions/.
If you wish, we would be happy to provide you with an estimate of our fees to review and update your base Terms and Conditions (as revised to accommodate the Apps).
- Apps & Website Terms & Conditions
Apps & Website Terms & Conditions
1-stop.biz (“Site”) and the apps [name of app], [name of app] and [name of app] (“Apps”) are owned and operated by 1-STOP Connections Pty Limited ABN 58 102 573 544 (“1-STOP”). Following are the Terms and Conditions (“Terms”) under which 1-STOP operates and offers to you use of the Site and/or the Apps.
In these Terms, “you”, “your” or “user” refers to yourself individually, whether as an individual user or a company together with your respective related bodies corporate, all your employees, agents and representatives and those of your related bodies corporate that you allow or provide access to the Site or any of the Apps.
These Terms describe your responsibilities and, among other things, limits the liability of 1-STOP. BEFORE USING THE SITE OR ANY OF THE APPS, PLEASE READ ALL OF THE TERMS CAREFULLY. BY ACCESSING ANY AREAS OF THE SITE OR DOWNLOADING OR USING ANY OF THE APPS, YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS.
If you do not agree with any of these Terms, YOU MUST NOT USE THIS SITE OR ANY OF THE APPS.
WHERE YOU GRANT AN APP ACCESS TO LOCATION SERVICES ON YOUR PHONE/DEVICE, YOU ACKNOWLEDGE AND CONSENT TO 1-STOP TRACKING THE GEOLOCATION OF YOUR PHONE/DEVICE.
IF YOU ARE AN EMPLOYEE OF 1-STOP OR ANOTHER COMPANY WHICH IS A 1-STOP CUSTOMER OR THAT REQUIRES YOUR USE OF THE APP AS PART OF YOUR EMPLOYMENT, YOU AGREE TO WAIVE ANY PERIOD OF NOTICE (E.G. 14 DAYS) AND MUST NOT PERMIT ANY APP TO ACCESS LOCATION SERVICES ON YOUR PHONE/DEVICE WHILE YOU ARE NOT AT WORK.
1.1 1-STOP provides this Site and the Apps for you to:
- view container and vessel movements;
- gain access to various other applications that it provides;
- create EDI messages for transmission to third parties;
- allocate or receive jobs (as the case may be);
- track/have tracked performance of jobs and activities including geolocation of the vehicles and/or persons using the Apps;
- confirm completion of relevant jobs and activities; and
- allow/gain entry to relevant site
1.2 The Terms govern your use of the Site and of the Apps.
1.3 1-STOP may vary these Terms at any time at its sole discretion. Amended Terms & Conditions will be placed on the Site or brought to your attention in a pop-up on the Apps and it is your responsibility to regularly review the Terms. Your continued use of the Site or any of the Apps after such amendment will constitute your deemed acceptance of all such variations.
- Accepting these Terms
2.1 By using the Site, registering for or using any of the Apps, you make 1-STOP an offer to use its services in accordance with the Terms. By accepting you on to the Site or allowing you to download or use any of the Apps, 1-STOP accepts your offer to use its services in accordance with these Terms.
2.2 As a condition of using this Site and any of the Apps, you agree not to:
- use the Site, any of the Apps or any of their contents or information for any purpose that is unlawful or prohibited by these Terms;
- access, monitor or copy any content or information of the Site or any of the Apps using any robot, spider, scraper or other automated means or any manual process for any purpose;
- bypass or circumvent measures employed to prevent or limit access to theSite or any of the Apps; or
- take any action that imposes, or may impose, at the discretion of 1-STOP, an unreasonable or disproportionately large load on the Site or any of the Apps.
2.3 If you are an individual user of (including those required by their employer or company engaging them as a contractor to use) any one or more of the App(s) or the Site, whether the relevant Apps are on your own device, a 1-STOP device or a 1-STOP customer’s device, you agree to the disclosure and use of all information collected by using the App(s) and the Site by 1-STOP and 1-STOP’s customers.
2.4 You represent that you are of sufficient legal age and of sufficient authority yourself or, if relevant, within your company to create binding legal obligations for any liability you or your company or its agents or representatives may incur as a result of your use of the Site and any of the Apps.
2.5 These Terms are governed by and construed in accordance with the laws of the State of New South Wales and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
2.6 If a court of law finds a provision in these Terms to be invalid or unenforceable, that provision will be severed from the Terms without affecting the remainder of them and those Terms will continue to govern the relationship between you and 1-STOP.
- Your Obligations
3.1 You agree to accept all costs associated with the use of the Site and any of the Apps, including without limitation, if you are a corporate customer, payments to other service providers such as software vendors, bureau services, Internet Service Providers or other network providers.
3.2 For use of any of the Apps, all users who are individuals must register before use of the relevant App(s) they are wishing to use and gain a log in and password unique to them (“Log In Details”). Each time any of the relevant Apps are used, the user must log in to the App using the Log In Details to commence using the App. The user must not share their Log In Details with any other person. Corporate customers of any of the Apps must ensure that all individual users they require to use any of the Apps (whether on the user’s device, a 1-STOP device or the customer’s device) have individually registered in compliance with this clause 3.2 and log in using their Log In Details each time they use the App(s). At the end of each use of the App(s), all users must log off from the App(s).
3.3 You will advise 1-STOP in writing of your contact details or, if a company, the primary contact for all communication with 1-STOP and will ensure that you or the contact (as the case may be) is able to receive email alerts from 1-STOP at any time and take appropriate action to resolve any issues that may arise from use of the Site or any of the Apps.
4.1 You agree to indemnify 1-STOP, its agents and employees against:
- any direct or indirect loss or damage sustained by you, your organization, agents or employees arising from incorrect or misleading data (including, without limitation, damage or injury to personnel, systems or equipment) as a result of 1-STOPs acts or omissions; and
- any claim or demand made by any third party due to or arising out of or in connection with your use of the Site or any of the Apps or breach of these Terms or your infringement of any rights of a third party.
- 1-STOP’s Obligations
5.1 1-STOP will:
- accept all costs of maintaining the Site and the Apps, including any forms on the Site or the Apps;
- maintain the Site and the Apps 24 hours per day, 365 days a year;
- alert you by email 24 hours in advance of any scheduled interruption to the Site or any of the Apps, as applicable, and as soon as possible after any unscheduled interruption (and again when the interruption ends); and
- maintain a help desk facility 24 hours per day, 365 days a year.
- Suspension or termination of registration and use of the Site or any of the Apps
6.1 1-STOP reserves the right to suspend or terminate your registration and disable your access to the Site or any of the Apps at any time, including if:
- you fail to comply with any of your obligations as outlined in these Terms;
- you infringe 1-STOP’s (and/or its related organisations’) intellectual property rights;
- you breach another agreement you have with 1-STOP (and/or its related organisations); or
- you use the Site or any of the Apps for any unauthorised purposes.
7.1 1-STOP warrants that:
- the Site and the Apps will comply with all applicable laws;
- the Site and the Apps will be professionally and competently managed by trained and experienced 1-STOP personnel meeting the specifications and quality standards that reasonably apply to similar sites and the Apps of this type;
- it will use reasonable endeavours to ensure that adequate numbers of 1-STOP personnel will provide the Site and the Apps on a continual basis during the Term; and
- where required, it has been lawfully licensed to operate and provide the Site and the Apps.
7.2 No Warranties:
- To the maximum extent permissible by law, 1-Stop excludes all terms, conditions, guarantees and warranties, either express or implied, other than those stated in clause 7.1, which arise out of or are in any way connected with the Site or any of the Apps. Except as provided in clause 7.1, no warranty or guarantee is made:
- that the use of the Site or any of the Apps and any of the software, products or services associated with any of the Site of any of the Apps will be error-free;
- regarding the results that may be obtained from the use of the Site or any of the Apps;
- regarding the completeness, accuracy, reliability or quality of any information content, data, services, provided or available through the Site or any of the Apps; or
- regarding the functionality, performance or availability of the Site or any of the Apps.
7.3 Force Majeure and Business Continuity
- Neither party will be liable for any act, omission or failure to fulfil the obligations under the Terms if such act, omission or failure arises from any Force Majeure Event;
- A party unable to fulfil its obligations due to a Force Majeure Event will immediately
- use all reasonable endeavours to avoid or remove the cause and perform its obligations;
- The parties acknowledge that no computer systems are completely secure or fail-safe and that 1-STOP and you must maintain temporary contingency plans to ensure that at least minimal operations can continue.
- For the purposes of these Terms a “Force Majeure Event” is a circumstance beyond the reasonable control of a party that results in that party being unable to observe or perform on time an obligation or obligations in these Terms, including acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, natural disasters, acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage, revolution and strikes.
- Limitation of liability
8.1 Exclusion of consequential damages
- Subject to clause 8.2, 1-STOP is not liable for any Excluded Loss under any circumstances in connection with these Termswhether such liability arises under statute, contract, tort (including negligence) or otherwise.
- Neither party to these Terms will be liable to the other party to the extent that its breach of these Terms is directly attributable to or otherwise arising out of the other party’s breach or failure to perform its obligations under these Terms.
- Limitation of liability: Subject to clause 8.2, the aggregate liability of a 1-STOP under these Terms for your loss or damage arising in connection with these Terms (whether under statute, contract, tort (including negligence) or otherwise) (“Loss”) during any calendar month is limited, for corporate customers, to the 1-STOP service fee payable by you during the calendar month in which the loss or damage occurred. If you are a non-corporate customer, subject to clause 8.2, 1-STOP’s maximum aggregate liability to you under these Terms for any Loss is $1.00.
- Limitation of action: No action arising out of these Terms, regardless of form, may be brought by either party more than seven years after the date that the party became aware of the existence of the cause of action.
- For the purposes of these Terms, “Excluded Loss” means indirect, punitive, incidental, special or consequential damages and any damages whatsoever for loss of profits, loss of use, injury, damage, destruction or loss to goods or any other property (including data), the mis-delivery or non-delivery of goods arising out of or in any way connected to the use of performanceof the Site and/or any of the Apps including for the delay or inability to use the Site or any of the Apps or related any services information, software, products or services.
8.2 Consumer Law
- The Australian Consumer Law and other statutes may imply or impose certain terms, conditions, guarantees and warranties that cannot be lawfully excluded or limited, including guarantees which protect purchases of goods and services in certain circumstances. If any term, condition, guarantee or warranty is implied or imposed in relation to these Terms and cannot be excluded (a “Non-Excludable Provision”) and 1-STOP is able to limit your remedy for a breach of the Non-Excludable Provision, then 1-STOP’S liability for breach of the Non-Excludable Provision will be limited, at 1-STOP’s option, to supplying the services again or payment of the cost of having the services supplied again.
- The parties agree that the services provided under these Terms are not of the kind ordinarily acquired for personal, domestic or household use or consumption.
- Third Parties
9.1 If you use the Site or any of the Apps to submit EDI or other messages for or on behalf of a third-party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all terms and conditions applicable to or any relevant Apps Site including all rules and restrictions applicable thereto. Each user using the Site or any of the Apps for or on behalf of a Third Party agrees to indemnify and hold 1-STOP, its agents and employees harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defence), relating to the Third Party’s or the user’s failure to fulfill any of its obligations as described above. You are directly responsible for any EDI or other message submitted including any associated charges and performance obligations.
10.1 You acknowledge that all content included on the Site and in the Apps, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of or are licensed to 1-STOP and/or its third-party providers through these Site and any of the Apps. Reproduction or storage of information or Content retrieved from the Site and any of the Apps, in all forms, media and technologies now existing or hereafter developed is subject to the Copyright Act 1968 (as amended).
10.2 For any Content you upload or transmit via the Site or any of the Apps you:
- warrant that you have the right to do so and by doing so you do not infringe any other person’s intellectual property rights or other rights; and
- irrevocably license1-STOP,free of charge,to use, reproduce and disclose such content for its own use.
- 11. Payments and Refunds
11.1 Whether or not a fee is charged to use [the Site or] any of the Apps these Terms will apply.
12.2 All payments to be made and refunds associated with the Site and any of the Apps are in accordance with the 1-STOP Refund Policy which forms part of these Terms.
- 12. Service-specific terms
The following service specific terms relate to the services as indicated and form part of your agreement with 1-STOP to use the Site and any of the Apps.
- 13.1 Pre-Receival Advice
- 13.2 Maritime Security Identification Card (MSIC) website
- 13.3 Maritime Security Identification Card (MSIC) issue and use
- 13. 1-STOP Channel Partners
“Customer” means the Partners’ end Customer named in the order form or agreement.
“Information” means data from the principal container terminals in Australia, which includes vessel schedules, ETA’s, ETD’s, cargo cut off times, cargo availability times, storage start day and container movement information.
“Integrating” means inclusion of the information as part of the Partners software product.
“Partner” means you, your organization or authorized representative.
“PRA” means Pre Receivable Advice.
“3rd party” means individuals or organizations other than the Partners customer. Affiliated and or associated organizations of the Partner are classified as 3rd parties.
13.1 Permitted Use:
It is agreed that:
- 1-STOP will supply a feed of the Information to the Partner in the current form as per the published specification on the 1-Stop website as amended from time to time;
- 1-STOP permits the Partner to use the Information for the sole and primary purpose of Integrating the information for the exclusive use of its Customer;
- that you will not resell the Information to a 3rd party other than to the Customer listed in the order form or agreement;
- that you will not display or cause the Information to be displayed from 1-STOP except as set out in this Agreement;
- to ensure its Customer complies with these terms at all times;
- it will not use the Information provided to construct or submit a PRA without the express permission of 1-STOP;
- to pay 1-STOP for providing the information; and
- that the Partners customers’ annual volumes will be reviewed on the anniversary of their subscription and the price of your Customers subscription renewal for the next year will be automatically adjusted to reflect the previous year’s volume. Your account will be billed this amount accordingly.
13.2 Information Supply: The Information supplied to the customer from 1-STOP will be on the following terms:
- Supply shall be on a non-exclusive basis;
- The Partner nor Customer shall not alter, amend or modify the Information in any way except with 1-STOP’S prior written consent;
- The Partner agrees that in all references to the Information it will acknowledge that the Information is supplied by 1-STOP and the form of this acknowledgement is to be agreed by 1-STOP;
- Subject to the Information being available to 1-STOP, it is 1-STOP’s intention to supply the Information to the Partner on a best efforts basis;
- It is agreed by the Partner that 1-STOP cannot be held responsible for the accuracy or timeliness of the Information as it is acting as a data centre not originator of the Information;
- The Partner shall make its Customer aware that there is no right of recourse against 1-STOP and the Partner agrees to indemnify 1-STOP against any action taken by the Customer or the Customers clients as a result of the Information provided.
- In the event that it is found that the Partner or Customer is in breach of these Terms, the Partner or Customer will have 5 business days to remedy such a breach on receipt of notice from 1-STOP.
- If the Partner or Customer is unable to remedy the breach within the timeframe specified at 14.3(a), 1-STOP may immediately cease the data supply to the Partner or Customer without any recourse by the Partner or the Customers.
- Apps Privacy Collection Statement
Privacy Collection Statement: Apps and Geotracking
1-Stop Connections Pty Limited (ABN 58 102 573 544]) trading as “1-Stop” and its related entities (“1-Stop”, “our”, “us”, or “we”) are committed to protecting your personal information in accordance with the Privacy Act 1988 (“Act”) and the Australian Privacy Principles (“APPs”).
You are under no obligation to provide your personal information to us. However, if you do not you will not be able to use the Apps.
What we collect via the Apps and why
We collect the following types of personal information (which may include sensitive information) when you use an App while present at a Worksite (but not after you log out of the App):
- your name, 1-Stop user identification number and phone number when you use the App to register an account on the App;
- your precise location on a Worksite based on the GPS signal on your device;
- your 1-Stop user identification number so we can keep a record of whether you have consented to the tracking of your precise location on the Worksite and to avoid tracking if you do not consent or withdraw your consent;
- your performance, handling of any relevant equipment and any relevant characteristics of that equipment while under your control;
- your 1-Stop user identification number or phone number (depending on which you enter) when you log into an App after registering an account; and
- any identifying information that may be captured if you take a photograph from the App or upload a photograph you have taken via the App.
How we collect your personal information
We collect your personal information:
- from your employer if they request that we contact you with details of how to download and install the App;
- each time you open an App and provide your consent to this Collection Statement and/or the App’s tracking of your precise location;
- each time you log into an App;
- when your device or the device on which the App resides tracks your precise location on a Worksite; and
- each time you take a photograph from the App or upload a photograph you have taken via the App where that photograph contains personal information (e.g. where it depicts your face).
De-identified statistical information
1-Stop and our customers (your employer or the entity that engaged you as a contractor) take an interest on ensuring the safest possible workplace for you and other visitors to the Worksite(s) where you work and also seek to improve business processes to provide better service. To achieve this, we use de-identified information which is combined into a dataset containing other de-identified information from other Worksite visitors to draw insights about how we can improve safety and operations. Doing this does not affect your privacy.
Who we disclose your personal information to
We share your personal information with our customers (your employer or the entity that engaged you as a contractor).
We may also disclose your personal information to:
- our related entities, agents, successors and assigns;
- our business parties, third party service providers, security system and card providers to assist us in providing services;
- insurers and investigators in relation to any accidents or other incidents on the Worksite;
- representatives of our customers (e.g. the managers of Worksites you enter);
- identification verification service providers; and
- otherwise as required or permitted by law.
Access and correction of your personal information and complaints
Privacy Compliance Officer
By post: PO BOX 3201, Redfern, NSW 2016
By e-mail: firstname.lastname@example.org
By phone: 1300 881 055
 NSW-SDA, section 9(1).
 NSW-WSA, section 10(1)-(2).
 NSW-WSA, section 10(2).
 NSW-WSA, section 10(4).
 Vic-SDA, section 8(1).