Terms of Service
The following are the terms and conditions for use of the various services provided by Working Software Group Pty Ltd, ACN 604 335 186, 233 The Scenic Rd, Killcare Heights NSW 2257, Australia (referred to as “Working Software”), including BenkoBoard personal Trello integration for Gmail, and BenkoDesk shared Trello integration for Gmail (collectively referred to as the “Service”).
Please read these terms and conditions carefully. This Service is provided only to individuals who are have valid Gmail and Trello accounts.By completing the registration process, you are stating that you agree to be bound by all of these terms and conditions of the service (referred to as these “Terms”). You are not authorised to use the Service unless you accept these Terms without modification.
1. Member account, password, and security
You are responsible for any and all activities that occur in relation to the Service under your account (including the content of transmissions from your account, or any content uploaded or published through your account), except to the extent that a third party accesses your account as a result of Working Software’s negligence.
You must notify Workin Software immediately if you become aware of any unauthorised use of your account or any other breach of security. If a third party accesses your account without your authorisation, we will endeavour to block the unauthorised access and to restore your control of the account.
2. Member conduct
As a condition of your use of the Service, you warrant to Working Software that you will not use the Service for any purpose that is unlawful or prohibited by these Terms.
You must not re-sell the Service unless you have been given explicit prior permission to be a reseller by Working Software.
You agree to abide by all applicable local, state, national and international laws and regulations. By way of example, and not as a limitation, you agree not to:
(a) Use the Service in connection with surveys, contests, pyramid schemes, multi-level marketing schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
(b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(c) Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
(d) Harvest or otherwise collect information about others, including email addresses, without their consent.
(e) Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
(f) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Service member any directory of the Service members or other user or usage information or any portion thereof other than in the context of your use of the Service as permitted under these Terms.
(g) Knowingly transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
(h) Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
(i) Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
(j) Attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
(k) Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.
(l) Interfere with another member’s use and enjoyment of the Service or another individual’s or entity’s use and enjoyment of similar services.
Working Software has no obligation to monitor the Service or any user’s use thereof or retain the content of any user session. However, Working Software reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
3. Links to third party sites
The links included within the Service may let you leave the Service web sites (“Linked Sites”). The Linked Sites are not under the control of Working Software and Working Software is not responsible for the contents of any linked site or any link contained in a Linked Site, or any changes or updates to such sites. Working Software is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Working Software of the site or any association with their operators.
4. Disclaimers/limitation of liability
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Working Software may make improvements and/or changes to the Service at any time.
Working Software does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. Working Software does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
You specifically agree that Working Software shall not be responsible for or liable for:
(a) unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service;
(b) failure to transmit a message either due to a fault with the Service, or a fault with Gmail or a fault with Trello, or a fault with the integration between either of these products;
(c) repeated transmission of a message either due to a fault with the Service, or a fault with Gmail or a fault with Trello, or a fault with the integration between either of these products;
(d) any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights; or
(e) any content sent using and/or included in the Service by any third party.
Working Software make no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose. The Service is provided “as is” without warranty of any kind. Working Software hereby disclaim all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
You agree to indemnify and hold Working Software, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
Working Software may terminate your access to any part or all of the Service and any related service(s) effective immediately if you fail to comply with these Terms, or where required to by law.
Working Software may also terminate or suspend your account for non-payment, which is defined as failure to make a renewal after your paid subscription period expires.
Upon termination of the Service, your right to use the Service immediately ceases.
Working Software shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
Working Software may choose to make a refund of prepaid fees for the Services at its sole discretion, however Working Software shall have no obligation to refund any portion of any fees in the event that you wish to discontinue use of all or part of the Service, or in the event that your access is terminated by Working Software as a result of you failing to comply with these Terms.
8. No spam
Working Software will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
9. Proprietary rights to content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, Working Software, or Working Software’s advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.
10. Changes to these Terms of Service
Working Software reserves the right to change these Terms or its policies regarding the use of the Service at any time and to notify you by posting an updated version of these Terms on this web site. You are responsible for regularly reviewing these Terms to check for updates. Continued use of the Service after any such changes shall constitute your consent to such changes.
These Terms are governed by the laws of the State of New South Wales, and Australia, without regard to the conflict or choice of law rules thereof. The courts sitting in the State of New South Wales, Australia shall have exclusive jurisdiction over any dispute arising hereunder. Use of the Service is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Working Software as a result of this agreement or use of the Service.
Working Software’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Working Software’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Working Software with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Working Software with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Working Software with respect to the Service.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You and Working Software agree that any cause of action arising out of or related to these Terms and/or the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Headings in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
Except where explicitly indicated otherwise, prices shown on this site exclude any sales tax that might be applicable in your jurisdiction. You must pay Working Software any additional sales taxes not previously levied upon request.
Working Software reserves the right to assign its rights and responsibilities under this agreement to any third party.
12. Content uploaded by members
You acknowledge that if you permit third parties to access your private content through the Service, those third parties may share such data outside of the Service. You acknowledge that Working Software is not responsible for such sharing.
Working Software does not endorse the content or views expressed in content hosted by our customers. Claiming endorsement by Working Software is a violation of these Terms.
13. Reseller accounts
You must not re-sell the Service unless you have been given explicit prior permission to be a reseller by Working Software.
If you are given permission to operate as a reseller of the Service, you acknowledge that:
(a) your customers own the data associated with their accounts;
(b) at Working Software’s request, you must assist Working Software in enforcing these Terms against your customers;
(c) in the event of a dispute between you and a customer of yours, Working Software may in its discretion at a customer’s request, detach the customer from your resale service.
If you acquire the Service as a customer of a reseller, you acknowledge that:
(a) you accept these Terms in addition to any terms and conditions of the reseller;
(b) Working Software is not responsible and accepts no liability for the actions or omissions of the reseller; and
(c) the reseller has the ability to create/modify/delete and access your accounts on your behalf.
Working Software Pty Ltd (“we”, “our” or “us”) based at 233 The Scenic Rd, Killcare Heights, NSW 2257, Australia, ABN 19 604 335 186 is responsible for your personal information (Personal Information) and we take our data protection and privacy responsibilities seriously.
For the purposes of this document, the terms “personal information” and “Personal Information” refer to information collected either from non-restricted Google API scopes (for example the https://www.googleapis.com/auth/userinfo.email or https://www.googleapis.com/auth/userinfo.profile scopes) or collected directly through online forms on websites owned and operated by Working Software Group Pty Ltd, through the usage of websites, web or mobile applications owned and operated by Working Software Group Pty Ltd (including but not limited to IP addresses, browser information or usage statistics), via any form of electronic messaging to accounts owned and operated by Working Software Group Pty Ltd (including but not limited to SMS, direct internet messaging apps such as WhatsApp or Facebook Messenger or email) or through conversations either on the phone or in person during which information is collected, or through any other form of data collection such as paper based forms that do not include information fetched through the Gmail API or the Google Drive API using restricted scopes. Restricted Gmail API and Google Drive API scopes are as follows:
- https://mail.google.com/ (includes any usage of IMAP, SMTP, and POP3 protocols)
For descriptions of each scope, please refer to the Gmail API or Google Drive API respectively. Note that BenkoBoard/BenkoDesk do not request access to all of the above scopes. The scopes requested may change from time to time and authorisation to use each scope will be granted expressly through the OAuth2 authentication process.
Unless otherwise stated in this document, our use of data collected from Gmail API and/or Google Drive API restricted scopes (“restricted scope data”) complies with Google’s Limited Use Requirements. Specifically, this means that any restricted scope data:
- Is retained on any server owned or operated by Working Software Group Pty Ltd only insofar as it is required to process inbound or outbound email messages
- Is only transferred to Trello servers using official Trello APIs over a secure connection for the purposes of displaying email messages inside Trello boards, and only using the API key and token provided by the user during signup (the information is never transferred to any other Trello account or using any other API key or token than those provided during signup/authentication for use with the nominated Gmail account)
- Is not used for serving ads, including retargeting, personalized, or interest-based advertising
- Is not read by humans unless:
- The account owner’s affirmative agreement for specific messages has been obtained in writing (either hard copy or electronically);
- It is necessary for security purposes (such as investigating a bug or abuse);
- It is necessary to comply with applicable law; or
- The use is limited to internal operations and the data (including derivations) have been aggregated and anonymized (for example this may include but is not limited to recording total number of messages processed, but without recording any of the actual content or metadata of those messages)
Important information about Working Software:
Working Software is an Australian company, Working Software Pty Ltd (“Working Software”). We also operate under the brand/marketing names: The Procedure People www.theprocedurepeople.com, Magic Mobile www.magicmobile.com.au, BenkoBoard benkoworks.com/benkoboard, BenkoDesk benkoworks.com/benkodesk and Trellinator www.trellinator.com as part of our services portfolio.
Our website has our contact information: www.theprocedurepeople.com.
You should be aware that your information may be held in databases which can be accessed by other Working Software companies and their partners or service providers worldwide. We employ people through different Working Software companies and partners, depending on where they live and those Working Software companies and partners provide service, at the same level of quality and with the same policies throughout the world. We provide more information on our worldwide service locations and partners in this policy.
- What personal information we collect and when and why we use it.
- How we share personal information within Working Software and with our service providers, regulators and other third parties
- Explaining more about your Marketing Preferences
- Transferring personal information globally
- How we protect and store personal information
- Your rights available to help manage your privacy
- How you can contact us for more support
What personal information we collect, and when and why we use it
In this section you can find out more about:
- the types of personal information we collect;
- when we collect personal information;
- the different kinds of personal information we collect for certain services we offer; and
- how we use personal information
When we collect information
We collect information about you if you register to use our services, create an account with us, visit our platform or one of our websites, or use one of our services. We also collect information about you where you are an individual representative of one of our business partners or providers with whom we engage in offering and providing our services.
Personal information we collect and use if you register to use, or use, one of our websites or services (including for trial purposes)
If you register to use, or use, one of our websites or services including BenkoDesk http://www.benkodesk.com or BenkoBoard http://www.benkoboard.com, personal information that may be collected directly from you includes name, email address, Google account ID, your own domain name, IP address, browser user-agent and billing details (credit card, or PayPal account). We also collect some of this information if you are using our services on a trial basis.
We may also collect personal information such as IP address, device information and log information by using cookies. Please see Cookies for more information on this.
We also store information from your address book on our servers until you delete them.
We also temporarily collect but do not permanently store the email content you create, upload, or receive from others when using our services. We use this information to deliver our services, like publishing Gmail content to Trello and vice versa.
Each time you connect to our service, we log your IP address, your client identifier (browser or device information).
Information we collect if you are an employee or a contact at our business partner or sign up to our newsletters
How do we use the personal information we collect from you?
We use this information to:
- provide you with our services and to maintain, manage and improve our services;
- send you notifications when you receive new mail or events; we may also send you a notification if we detect suspicious activity, like an attempt to sign in to your account from an unusual location;
- at your option, contact you to let you know about updates to our services or information we feel may be of interest to you (see more information at Direct Marketing);
- provide you with customer support including technical support and troubleshooting;
- protect you and conduct security investigations and fraud and abuse analysis;
- conduct analytics and measurement to understand how our services are used;
- comply with our legal obligations, for example when assisting governments and law enforcement agencies or regulators (as may be required by law);
- improve the safety and reliability of our services. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm Working Software, you, our users, or the general public.
We routinely analyse information to help improve the way we run our business, to provide a better service and to enhance the accuracy of our products and services. We use usage information for data analytics, particularly to understand how our services are used, but this information is not personal information as it is. We anonymise data fields before allowing information to be available for analysis.
Sharing personal information with others
In this section you can find out more about how we share personal information:
- within Working Software;
- with third parties that help us provide our products and services; and
- with government organisations and agencies, law enforcement and regulators.
We may share your personal information in the manner and for the purposes described below:
- with third parties who help manage our business and deliver services. These include service providers who help manage our systems. Some of these providers use “cloud based” IT applications or systems, which means that your Personal Information will be hosted on their servers, but under our control and direction. We require all our service providers and third parties to respect the confidentiality and security of Personal Information and our contracts with them generally include obligations for them to comply with applicable privacy laws and to use any personal information we share with them solely for the purpose of providing services to us.
- with account administrators – if you work for or are part of an organisation that uses Working Software services, your account administrators and/or resellers who manage your account will have access to your Working Software account. They may be able to:
- view statistics regarding your account
- suspend or terminate your account access
- receive your account information in order to satisfy applicable law, regulation, legal process, or enforceable governmental request
Your use of Working Software products and services is subject to your organisation’s policies, if any. You should direct your privacy inquiries, including any requests to exercise your data protection rights, to your organisation’s account administrator.
- with government organisations and agencies, law enforcement, regulators to comply with all applicable laws, regulations and rules, and requests of law enforcement, regulatory and other governmental agencies;
- with banks and payment providers to authorise and complete payments, though we only maintain a record of your email address (for PayPal), or the last four digits of your credit card and expiry date (for credit card);
- if, in the future, we sell or transfer some or all of our business or assets to a third party, we may disclose information to a potential or actual third party purchaser of our business or assets; and
- we may share in aggregate, statistical form, nonpersonal information regarding the visitors to our website, traffic patterns, and website usage with our partners and affiliates.
Explaining more about your marketing preferences
In this section you can find out more about:
- how we use personal information to keep you up to date with our products and services;
- how you can manage your marketing preferences; and
- when and how we undertake profiling and analytics
How we use personal information to keep you up to date with our products and services
We may use your name and email address to send direct marketing communications to you and let you know more about our services or related services that we believe will be of interest to you. We may contact you by email, or through other communication channels that we think you may find helpful. In all cases, we will respect your preferences for how you would like us to manage marketing activity with you.
How you can manage your marketing preferences
To protect your privacy rights and to ensure you have control over how we manage marketing with you:
- users of the BenkoDesk and BenkoBoard services can opt out of any non-essential communication by de-selecting the relevant checkbox in the settings page in the web interface or by emailing firstname.lastname@example.org if that interface is in accessible;
- even after opting in, you can ask us to stop sending email marketing by following the “unsubscribe” or opt-out links in electronic communications. Alternatively you can email email@example.com; and
- we will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which we believe may be of interest or relevance to you
We do not profile you to customise services for you, provide personalised content or show you personalised advertisements based on your individual interests, preferences, or related activities.
Transferring personal information globally
In this section you can find out more about:
- how we operate as a global business and transfer data internationally; and
- the arrangements we have in place to protect your personal information if we transfer it overseas.
Your personal information may be disclosed, transferred to or processed outside of your country of residence. This includes (but is not limited to) Australia, the United States of America, The Phillipines and Romania, where it will be subject to the laws of the country to which it is transferred. These jurisdictions may not have an equivalent level of data protection laws as those in your country.
For EU/UK individuals – if you are an individual based in or a resident of the European Union or the United Kingdom, your personal information may be processed outside of the European Union, in countries such as the United States of America, Australia, The Phillipines and/or Romania, that are subject to different standards of data protection.
We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognised as providing an adequate level of legal protection or where we can be satisfied that alternative arrangement are in place to protect your privacy rights. To this end:
- where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any personal information is disclosed.
You have a right to email firstname.lastname@example.org for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal information when this is transferred as mentioned above.
How we protect and store your information
We store most of your personal information electronically. We implement and maintain appropriate technical and organisational security measures, policies and procedures designed to reduce the risk of accidental destruction or loss, misuse or interference or the unauthorised disclosure, access or modification to such information appropriate to the nature of the information concerned.
The security of your information is paramount and a critical consideration for Working Software in the provision of its services to you.
We work hard to protect you and Working Software from unauthorised access, alteration, disclosure, or destruction of information we hold. Measures we take include:
placing confidentiality requirements and restricted access protocols on our staff members and service providers who need access to your information in order to process it to provide our services to you;
destroying your personal information if it is no longer needed to provide you with our service;
destroying logging or other transactional information that may incidentally contain personal information in accordance with our schedules to clear such information;
following strict security procedures in the access, storage and disclosure of your personal information to prevent unauthorised access to it; and
using secure communication transmission software (known as “secure sockets layer” or “SSL”) that encrypts all information you input on our website before it is sent to us. SSL is an industry standard encryption protocol and this ensure that the information is reasonably protected against unauthorised interception.
A cookie is a text file containing small amounts of information which is downloaded to/stored on your computer (or other internet enabled devices, such as a smartphone or tablet) when you visit a website.
Cookies may collect personal information about you. Cookies help us remember information about your visit to our website, like your username, country, language and other settings. Cookies allow us to understand who has seen which webpages, to determine how frequently particular pages are visited and to determine the most popular areas of our website. They can also help us to operate our website more efficiently and make your next visit easier.
Your rights available to help manage your privacy
You have a number of rights in relation to your personal information.
You may access or request correction of the personal information that we hold about you by emailing email@example.com. There are some circumstances in which we are not required to give you access to your personal information.
There is no charge for requesting access to your personal information but we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material).
We will respond to your requests to access or correct personal information in a reasonable time and will take all reasonable steps to ensure that the personal information we hold about you remains accurate, up-to-date and complete.
You can access and control your Personal Information that Working Software has obtained with tools Working Software provides to you, described below, or by contacting Working Software.
- if Working Software obtained your consent to use your personal information, you can withdraw that consent at any time;
- you can request access to, erasure of and updates to your personal information; and
- if you’d like to port your data elsewhere you can use tools Working Software provides to do so, or if none are available you can contact Working Software for assistance.
You can also object to or restrict Working Software’s use of your personal information. For example, you can object at any time to our use of your personal information:
- for direct marketing purposes; or
- where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party.
You may have these rights under applicable laws, including the EU General Data Protection Regulation (GDPR), but we offer them regardless of your location.
If your organisation, such as your employer or service provider, provides you access to and is administering your use of Working Software products, contact your organisation to learn more about how to access and control your Personal Information.
We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
Email firstname.lastname@example.org, phone or TXT +61 424 261 976
Working Software Pty Ltd
233 The Scenic Rd
To contact your data protection supervisory authority
You have a right to lodge a complaint with your local data protection supervisory authority (i.e. your place of habitual residence, place or work or place of alleged infringement).
If you are located in Australia, you can contact the Office of the Australian Information Commissioner at https://www.oaic.gov.au/.
We would however ask that you please attempt to resolve any issues with us before raising with your local supervisory authority.
Any information capable of identifying a natural person, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their his or her physical, physiological, mental, economic, cultural or social identity. Information is considered personal when it enables anyone to link information to a specific person, even if the person or entity holding that data cannot make that link.
Processing and “process”
Any operation or set of operations that is performed upon Personal Data, whether or not by automatic means, including, but not limited to collection, recording, organisation, storage, access, adaptation, alteration, retrieval, consultation, use, disclosure, dissemination, making available, alignment, combination, blocking, deleting, erasure, or destruction.
COPYRIGHT AND TRADEMARK NOTICES
All source code, executable code, page designs and other copyrightable material are Copyright ©2014-2020 Working Software Pty Ltd or used under license from the copyright owner.
All rights reserved. Any rights not expressly granted herein are reserved.