Last updated 03 February 2019
Your privacy is very important to us. At Trialwise we have a few fundamental principles that we follow:
- We don’t ask you for personal information unless we truly need it.
- We don’t share your personal information with anyone except to comply with the law, deliver our products, or protect our rights.
- We don’t store personal information on our servers unless required for the on-going operation of our Site, Apps or Services.
Trialwise Pty Ltd. (“Trialwise”) operates the website Trialwise.com.au (the “Site”). It is Trialwise’s policy to respect your privacy regarding any information we may collect while operating our Site or through use of our mobile apps including trialwiseSCAN (Apps) and other services ( the “Services”). By using the Site, Apps or Services you acknowledge your consent to the practices described herein.
Like most website operators, Trialwise collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Trialwise’s purpose in collecting non-personally identifying information is to better understand how Trialwise’s visitors use its website. We use analytical software (Google Analytics) to help us understand this information. This software sends information to its licensor. Other sites and companies may also use this software. As a result, the licensor may collect information that, when aggregated by them, allows them to identify you individually. We have no responsibility for this collection and use.
Trialwise also collects potentially personally-identifying information like Internet Protocol (IP) addresses. Trialwise only discloses IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Documents that you capture with our Apps including trialwiseSCAN, stay on your device and are never sent to a third-party unless you explicitly choose to do so (for example if you export or back up them up with a cloud storage provider).
Gathering of Personally-Identifying Information
Certain visitors to the Site and users of the Apps or Services choose to interact with Trialwise in ways that require Trialwise to gather personally-identifying information. The amount and type of information that Trialwise gathers depends on the nature of the interaction. For example when visitors request further information through our Contact form or wish to receive updates via email, we collect their emails. In order for you to use some features or our Site, Apps and Services, we will ask you for some of your personal data (e.g. contact information, name, etc.). Customers who purchase Apps and Services from us may be asked to provide additional information including, as necessary, the personal and financial information required to process transactions. In each case, Trialwise collects such information only insofar as is necessary or appropriate to fulfil the purpose of your interaction with Trialwise. Trialwise does not disclose personally-identifying information other than as described below. And visitors and users can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain Site, App or Service-related activities.
Protection of Certain Personally-Identifying Information
Trialwise will only use the personal data we collect as reasonably necessary for the following purposes
- to allow you to use and interact with the Site, Apps or Services;
- to provide the Services to you as our customer;
- to inform our continued development of the Site, Apps and the Services;
- to communicate with you from time to time in response to your requests for information or as may be relevant to your account with us;
- to send marketing communications related to the services we provide. (we expect to keep this type of email to a minimum);
- as required by applicable law or legal requirements pertaining to records retention or for internal administrative purposes; or
- as specifically authorized by you in writing.
Trialwise discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Trialwise’s behalf, and (ii) have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Site, Apps or Services, you consent to the transfer of such information to them. Trialwise will not rent or sell potentially personally-identifying and personally-identifying information to anyone.
Other than to its employees, contractors and affiliated organizations, as described above, Trialwise discloses potentially personally-identifying and personally-identifying information only in response to a legal or governmental request, or when Trialwise believes in good faith that disclosure is reasonably necessary to protect the property or rights of Trialwise, third parties or the public at large.
We follow generally accepted standards to protect the personal data submitted to us, both during transmission and once it is received.
If Trialwise, or substantially all of its assets were acquired, or in the event that Trialwise goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Trialwise may continue to use your personal information as set forth in this policy.
Your rights over personal data that we control
You may opt-out of receiving most e-mails from us by following the “unsubscribe” instructions provided in the e-mails. Alternatively, you may contact us as described herein. If you are our customer, you may not be able to opt out of all emails, including certain administrative or billing communications which are important to the ongoing maintenance of your account.
We may keep your personal data for as long as reasonably required to meet the purposes described herein. Additionally, we will retain this information as required by law, as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Data Privacy Addendum (GDPR)
If you are a customer who is subject to EU privacy laws, the Data Privacy Addendum (DPA) below governs the obligations between us with regard to personal data as defined by such laws. We may update this DPA from time to time in our sole discretion.
Definitions. Capitalized terms which are not defined herein shall have the meaning provided in the Agreement. In addition, the following defined terms apply solely with respect to this DPA.
- “Applicable Law” means any statute, regulation, executive order, and other rule or rules issued by a government office or agency that have binding legal force and are generally applicable to Personal Data or the provision of the Apps and Services with respect to Personal Data, including EU Regulation 2016/679 and the state and federal laws of the United States.
- “Data Subject” means an individual natural person that is identified or identifiable by means of Personal Data.
- “Personal Data” means any information about a natural person that is identified or identifiable to the natural person, either alone or in combination with other information, that Trialwise will Process or have access to as part of providing the Apps and Services, including any such information that is created by means of the Apps or Services. Personal Data includes “personal data” as that term is defined under Applicable Law.
- “Process,” when used with respect to Personal Data, means: (i) to record, store, organize, structure, analyse query, modify, combine, encrypt, display, disclose, transmit, receive, render unusable, or destroy, by automated means or otherwise; (ii) to provide cloud or other remote technology hosting services for applications or services that do any of the foregoing; and (iii) any other use or activity that is defined or understood to be processing under Applicable Law.
- “Security Event” means any of the following: (i) unauthorized Processing or other use or disclosure of Personal Data; (ii) unauthorized access to or acquisition of Personal Data or the systems on which Personal Data is Processed; (ii) any significant corruption or loss of Personal Data that Trialwise is unable to repair within a minimal period of time; (iii) any event that has or is reasonably likely to significantly disrupt the Processing of the Personal Data as part of the Apps and Services; and (iv) any material unsuccessful attempt to gain unauthorized access to, or to destroy or corrupt, the Personal Data, but not including any routine, unsuccessful events such as pings, port scans, blocked malware, failed log in attempts, or denial of service attacks.
Confidential Information. The Personal Data that Trialwise Processes for you as part of the Apps and Services is your Confidential Information covered by our confidentiality commitments stated in the Agreement. We make the additional commitments stated in this DPA as to the Personal Data.
Use and Disclosure. We will not use, disclose, or Process the Personal Data except as permitted by the Agreement or your other written instructions, or as strictly necessary for our internal administrative purposes related to the provision of our Services. We will make available to you a list of any sub-processors we use in compliance with Applicable Law. We will require any sub-processors to contractually agree to terms at least as protective of your Personal Data as those stated in this DPA and the Agreement.
Compliance with Applicable Law. Each party will comply with Applicable Law as it relates to such party’s performance under the Agreement
Notice of Request from Data Subject. We will promptly notify you if we receive a request from a Data Subject to disclose, provide a copy, modify, block, or take any other action with respect to Personal Data pertaining to the Data Subject, unless notice is prohibited by Applicable Law; and, except to the extent required by Applicable Law, we will not independently take any action in response to a request from a Data Subject without your prior written instruction. We will cooperate with your reasonable requests for access to Personal Data and other information and assistance as necessary to respond to a request or complaint by a Data Subject.
In the event of an actual or suspected Security Event. In the event of a discovered or suspected Security Event, Trialwise shall provide notice without undue delay to Customer’s technical and account contacts using those means established for routine account-related communications (or other such method of notice as agreed between us). Our notice shall include the following information to the extent it is reasonably available to Trialwise at the time of the notice, and Trialwise shall update its notice as additional information becomes reasonably available: (i) the dates and times of the Security Event; (ii) the facts that underlie the discovery of the Security Event, or the decision to begin an investigation into a suspected Security Event, as applicable; (iii) a description of the Personal Data involved in the Security Event, either specifically, or by reference to the data set(s), and (iv) the measures planned or underway to remedy or mitigate the vulnerability giving rise to the Security Event. We will take those measures available, including measures reasonably requested by you, to address a vulnerability giving rise to a successful Security Event, both to mitigate the harm resulting from the Security Event and to prevent similar occurrences in the future. We will cooperate with your reasonable requests in connection with the investigation and analysis of the Security Event, including a request to use a third-party investigation and forensics service. Trialwise shall retain all information that could constitute evidence in a legal action arising from the Security Event and shall provide the information to you upon your request. Except to the extent required by law in the written and reasonable opinion of Trialwise’s legal counsel, or as reasonably required by our investigation of the Security Event or our other contractual obligations, we will not disclose to any third party the existence of a Security Event or suspected Security Event or any related investigation without Customer’s prior written consent.
Your representations with regard to Personal Data you disclose to us. With regard to the Personal Data of others that you may provide to us, you hereby represent and warrant: (i) the Personal Data has been collected in accordance with Applicable Law; (ii) the transfer to us for the purpose of providing the Services is authorized under Applicable Law; (iii) you will comply with Applicable Law as to requests from Data Subjects in connection with the Personal Data; (iv) you shall disclose to us only that Personal Data that is necessary for our provision of the Services; and (v) you shall not ask us to take any action with respect to the Personal Data that you are not permitted to take directly.
Records. We will keep reasonable records to evidence our compliance with our obligations under this DPA and shall preserve such records for at least two (2) years from the date of the events reflected therein.