OpenBMCS Legal Notice

OpenBMCS Legal Notice

Privacy Policy

Effective Date: 12/11/2024

Introduction

OpenBMCS (“we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and protect your personal information when you visit or use our website [Insert Website URL] (the “Site”), in accordance with global privacy regulations, including the Australian Privacy Principles (APPs) and and the General Data Protection Regulation (GDPR).

By accessing or using our site, you agree to the terms of this privacy policy.

1.
Information We Collect

We may collect the following types of information:

1.1
Personal Information

Personal information is data that can be used to identify you. We may collect the following categories of personal information:

  • Name

  • Email address

  • Postal address

  • Phone number

  • IP address

  • Other information you provide via our contact forms or user account

1.2
Non-Personal Information

Non-personal information is data that cannot be used to identify you, such as browser type, device type, and pages viewed.

2.
How We Collect Your Information

We collect information through:

  • Directly from You: When you submit forms, register on the site, or make purchases.

  • Automatically: Through cookies, web beacons, and similar tracking technologies when you visit our site.

Third-Party Sources: From payment processors, advertising partners, or analytics providers.

3.
How We Use Your Information

We use the information we collect to:

  • Provide, operate, and maintain our site.

  • Process transactions and manage your account.

  • Improve our site and services.

  • Communicate with you (including marketing communications, if you have opted in).

  • Analyse usage patterns to enhance the user experience.

  • Comply with legal obligations.

4.
Legal Basis for Processing (GDPR Compliance)

If you are located in the European Economic Area (EEA), we process your personal data based on the following legal grounds:

  • Consent: When you have given us explicit consent to use your data for a specific purpose.

  • Contract: When processing is necessary to fulfil a contract with you (e.g., processing payments).

  • Legal Obligation: When we need to comply with a legal obligation.

  • Legitimate Interest: When we process your data for our legitimate interests (e.g., improving our services), provided those interests are not overridden by your rights.

5.
Disclosure of Your Information

We may share your information with:

  • Service Providers: Third parties that help us operate our site and services (e.g., payment processors, cloud storage providers).

  • Business Transfers: In the event of a merger, acquisition, or sale of assets, your data may be transferred to the new entity.

  • Legal Requirements: When required to do so by law, such as in response to a court order or governmental request.

6.
Data Security

We implement reasonable measures to safeguard your personal information from unauthorised access, use, or disclosure. However, no system is 100% secure, and we cannot guarantee the absolute security of your data.

7.
Data Retention

We retain personal information for as long as necessary to provide our services, comply with legal obligations, resolve disputes, and enforce agreements. Once data is no longer needed, it will be securely deleted or anonymized.

8.
International Data Transfers

Your personal information may be transferred to and processed in countries other than your own. If we transfer data outside of Australia or the European Economic Area (EEA), we ensure that appropriate safeguards are in place to protect your personal information.

9.
General Data Protection Rights

Under the GDPR you have the following rights regarding your personal data:

  • Right to Access: You can request a copy of the personal data we hold about you.

  • Right to Rectification: You can ask us to correct any inaccuracies in your personal data.

  • Right to Erasure (Right to Be Forgotten): You can request the deletion of your personal data under certain conditions.

  • Right to Restriction: You can request that we restrict the processing of your data.

  • Right to Data Portability: You can request a copy of your data in a machine-readable format.

  • Right to Object: You can object to the processing of your personal data in certain cases.

Right to Withdraw Consent: You can withdraw your consent at any time, where we rely on your consent to process your data.

To exercise any of these rights, please contact us at [See Section 13].

10.
Cookies and Tracking Technologies

Our site uses cookies and similar technologies to enhance your experience and collect data about how you interact with our services. You can control cookie settings through your browser preferences, but some features of the site may not function properly if cookies are disabled.

11.
Children's Privacy

Our site is not intended for individuals under the age of 16. We do not knowingly collect personal information from children. If we become aware that a child’s information has been collected without parental consent, we will take steps to delete that data.

12.
Changes to This Privacy Policy

We may update this privacy policy from time to time. Any changes will be posted on this page with an updated effective date. We encourage you to review this policy periodically for any changes.

13.
Contact Information

If you have any questions about this privacy policy or our data practices, please contact us at:

OpenBMCS
sales@openbmcs.com
1/57 Steel Street, Capalaba, Queensland, 4157
(07) 3245 5255

Terms Of service

Effective Date: 12/11/2024

Introduction

Welcome to OpenBMCS. These Terms of Service (“Terms”) govern your use of the OpenBMCS platform, including all associated services, software, applications, and websites (collectively, the “Service”). By using or accessing the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Service.

1.
Definitions
  • “We,” “us,” or “our” refers to OpenBMCS, the company that provides the Service.

  • “You” or “User” refers to the individual or entity using the Service.

  • "Service" refers to OpenBMCS, a Building Management System platform, and any associated services provided.

2.
Acceptance of Terms

By accessing or using the Service, you represent that:

  • You are at least 18 years of age and have the legal capacity to agree to these Terms.

  • You agree to comply with these Terms and any applicable laws, regulations, and guidelines.

  • If you are using the Service on behalf of a company or organisation, you represent and warrant that you have the authority to bind that entity to these Terms.

3.
Services Provided

OpenBMCS provides a cloud-based Building Management System designed to monitor and control building operations, including HVAC, lighting, energy management, and security. The Service may include:

  • Real-time building data monitoring.

  • Automation and control features.

  • System reporting and analysis tools.

  • Integration with third-party devices and platforms.

4.
Account Registration

To use the Service, you may be required to create an account. You agree to:

  • Provide accurate and complete information during registration.

  • Maintain the confidentiality of your account credentials.

  • Notify us immediately of any unauthorised use of your account. We reserve the right to suspend or terminate your account if we suspect any unauthorised use or breach of these Terms.

5.
Payment and Subscription

Certain features of the Service may require a paid subscription. By subscribing, you agree to the following:

  • All fees are due at the time specified during the purchase or subscription process.

  • Subscription renewals will be automatic unless you cancel before the renewal date.

  • We reserve the right to change our fees, but you will be notified in advance of any changes.

6.
User Responsibilities

You agree to use the Service in accordance with all applicable laws and regulations, and you will not:

  • Use the Service in any unlawful or fraudulent manner.

  • Modify, hack, or attempt to gain unauthorised access to the Service or its related systems.

  • Upload or distribute malicious software, viruses, or harmful code.

  • Interfere with the operation of the Service or disrupt other users’ experience.

  • Use the Service to transmit, distribute, or store material that is obscene, defamatory, infringing, or otherwise objectionable.

7.
Intellectual Property

All content, features, and functionalities of the Service, including but not limited to software, graphics, text, and code, are the exclusive property of OpenBMCS and are protected by intellectual property laws, including copyrights, trademarks, and patents.

  • License: OpenBMCS grants you a limited, non-transferable, non-exclusive license to use the Service solely for your internal business operations.

  • Restrictions: You may not copy, modify, distribute, or reverse-engineer any portion of the Service unless expressly permitted by law.

8.
Third-Party Services and Integrations

OpenBMCS may integrate or link to third-party services or devices. While we strive to ensure that these integrations work seamlessly, we do not control third-party services and are not responsible for their performance, accuracy, or legality. Your use of third-party services is subject to their respective terms of service and privacy policies.

9.
Data Privacy

Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal information.

  • Compliance: We comply with Australian Privacy Principles (APPs) under the Privacy Act 1988, and the GDPR for EU residents.

  • Data Security: We use appropriate security measures to protect your data, but we cannot guarantee absolute security.

10.
Termination of Service

We reserve the right to terminate or suspend your access to the Service without notice if:

  • You violate these Terms.

  • Your account remains inactive for an extended period.

  • There are unexpected technical or security issues. Upon termination, your right to use the Service will immediately cease, and you may lose access to any data associated with your account.

11.
Warranties and Disclaimers

The Service is provided “as-is” and “as-available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  • We do not guarantee that the Service will be error-free, secure, or available at all times.

  • OpenBMCS is not responsible for any loss of data, interruptions in service, or performance issues.

12.
Limitation of Liability

To the extent permitted by law:

  • OpenBMCS will not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or use of the Service.

  • In no event will OpenBMCS’s total liability exceed the amount paid by you to use the Service in the 12 months preceding the claim.

13.
Indemnification

You agree to indemnify and hold harmless OpenBMCS, its affiliates, employees, and agents from any claims, damages, liabilities, and expenses arising from:

  • Your use of the Service.

  • Your breach of these Terms.

  • Any violation of applicable law or regulation by you.

14.
Changes to the Terms of Service

We may modify these Terms from time to time. Changes will be effective immediately upon going live on the website. You are responsible for reviewing the Terms regularly. Continued use of the Service after changes are made constitutes your acceptance of the revised Terms.

15.
Governing Law and Dispute Resolution

These Terms are governed by the laws of Australia, without regard to its conflict of law provisions.

Dispute Resolution: Any disputes arising from or relating to these Terms will be resolved through negotiation in good faith. If negotiations fail, the parties agree to submit to the jurisdiction of the courts in Brisbane,Queensland, Australia.

16.
Contact Information

If you have any questions about this privacy policy or our data practices, please contact us at:

OpenBMCS
sales@openbmcs.com
1/57 Steel Street, Capalaba, Queensland, 4157
(07) 3245 5255

Contact:

sales@openbmcs.com

Address:

1/57 Steel Street, Capalaba, Queensland, 4157

© 2024 OpenBMCS. All rights reserved.