Privacy Statement

Introduction

Privacy SealsCinergix is committed to protecting your privacy and maintaining the security of any personal information received from you. We take the privacy and security of your personal information seriously and will only use such information as set out in this Privacy Statement.

References in this Privacy Statement to the Website are references to the websites www.creately.com and www.cinergix.com, as applicable, together with any subsequent URL used by Cinergix from time to time.

References in this Privacy Statement to “Cinergix”, “we”, “us” or “our” are references to Cinergix Pty Ltd (ACN 130 459 906, ABN 69 130 459 906), a company incorporated in Victoria, Australia with its registered office at 1/28 Mentone Parade, Mentone, Victoria, 3194, Australia and trading as “creately.com”. The terms “you” and “your” are references to visitors to the Website from time to time.

Purpose

The purpose of this Privacy Statement is to explain to you what personal information we collect, how and why we collect it, and how we may use and disclose it.

Please note that our Privacy Statement may change from time to time and the new Privacy Statement will be published on the Website. By using the Website and submitting your personal information to us, you agree to us using your personal information in accordance with this Privacy Statement.

We invite you to also read our Terms of Service for more information on the use of the Website.

What does this Privacy Statement cover?

This Privacy Statement only applies to how Cinergix deals with your personal information. It does not apply to any company outside the Cinergix group or to any such company’s websites, even if you access them through Cinergix or through the Website. If you disclose your personal information to any company outside the Cinergix group, your information will be dealt with according to their privacy practices.

What information do we collect?

When you interact with the Website (which may include creating an account with us, purchasing services from us or otherwise interacting with the features on the Website), we may ask you to provide a variety of personal information such as: your name, address, telephone number, company name, e-mail address and credit card and other banking details. For example, when you make a purchase we capture credit card details and PayPal details as applicable. We don’t store all the credit card details as we use a payment gateway to store these. We store the expiry date, last 4 digits, card type and CVV number of the credit card. We also store the PayPal paying email address so we can attribute the payments to the correct account.

Where we receive personal information about you from other individuals, companies and organizations, we rely on these third parties to obtain your consent for us to use this information.

If you provide personal or other information to us you warrant the accuracy of such information and, where it is information about someone other than yourself, you warrant that you have that person’s consent to provide such information for the purposes specified.

How Do We Use the Information We Collect?

Your personal information is collected, used and disclosed for purposes including creating an account, carrying out or responding to your requests, verifying your identity, improving our services, communicating with you, purposes relating to any third party acquisition or potential acquisition of an interest in Cinergix or its assets, or any other purposes outlined at the time you provide the information. We may not be able to do these things without your personal information. For example, we may not be able to create your user account.

We may provide personal information about you to service providers who assist us in providing our products and services. These may include organizations that assist us with archival, research, mail and delivery, auditing, professional consulting, financial and legal advisory, security or technology services. We may provide personal information about you to the members of the Cinergix group (in which case, your personal information will be collected, used, disclosed, managed and stored in accordance with this Privacy Statement).

Please note that when you use services provided by Cinergix we may make enquiries about you for credit reference purposes (including for purposes as described in the Terms of Service) and you consent to this. At all times where your personal information is disclosed to us as a result of such enquiries we will protect it in accordance with this Privacy Statement.

We will request your consent before passing your personal information to third parties for purposes other than those set out or referred to in this Privacy Statement.

We do not sell or make available any part of your personal information for use by other service providers for the purpose of marketing and promotional communication.

How do we protect your personal information?

Cinergix takes reasonable measures (physical, organizational and technological) to safeguard against unauthorized access to your personal information and to safely store your personal information. Our Website uses a 128 bit encrypted SSL to increase the security of our customer's information. All of our employees are required to take your personal information very seriously. All employees must learn and obey our security policies. The information is ID and password protected and our Website security is reviewed regularly.

However, you acknowledge that the internet is not a secure medium and the privacy of your communications and personal information can never be guaranteed. We encourage all users to protect themselves against unauthorized access to their account and login details. Please always log off when finished using any Cinergix service.

Our Use of Log Files

When you visit our Website we automatically log your computer's IP address, browser type and access times. We utilize this information to conduct site performance evaluations, to see where visitors are coming from and to keep track of click stream data (that is, information about which screens our users visit on our Website). This data helps us to determine what content our members find most appealing so that we can maximize your enjoyment of the Website. Log files are not tied to personally identifiable information unless required by law. Users who do not register or log in as members may browse the Website without providing any personal information.

Diagram Data

We store your diagram data securely and only provide access by your security credentials unless the diagram data has been made public by you or because you are on the Public Services (as described in the Terms of Service section 2.1.1). In such case the diagram can be viewed in the community pages on the Website by all website users. Users on the Premium Services (as described in the Terms of Service section 2.1.2) can choose to allow the diagram data to be public (as outlined above) or they can choose to make it available via an obfuscated URL (please see details at http://creately.com/plans).

The application Creately stores information on diagrams saved, descriptions, meta-data and any other associated information required to provide a useful collaborative diagramming application. We record and track click stream data in aggregate to help us better understand user behavior within Cinergix. This data is analyzed without linking it to our users' personal information.

Accessing/Correcting/Updating Your Personal Information

Under applicable law you may have the right to seek access to and update the personal information we hold about you. We may charge a fee to cover the costs of meeting your request.

If you would like to seek access to personal information we hold about you, if you no longer wish us to collect, use or disclose any personal information for the purposes described above, or if you have any questions or complaints about how we collect, use, disclose, manage or store your personal information, please email us at support@creately.com with your request.

Also, after creating an account you may correct/update your personal information by emailing us at support@creately.com. The changes you make will be reflected in our databases instantly. If you wish to deactivate your account or if you think we hold other information about you not accessible via logging in, please contact us through the “Profile” link within Creately or by emailing us at support@creately.com.

If we do not hear otherwise from you, we will assume that the information you provide is accurate and up-to-date and that you consent to the collection, use and disclosure of the personal information you provide us about yourself or others for the purposes described above.

This Website contains links to other websites. Please note that when you click on one of these links, you may be leaving the Website and entering another website. These sites may independently collect or request information about you and we encourage you to read the privacy statements of these linked websites as their privacy policy may differ from ours.

Communication

If you have consented in the registration process, or otherwise, to receive direct marketing material, your personal details will be included in a database compiled for direct marketing purposes. From time to time, you may receive direct marketing information from us relating to our products and services or the products and services of carefully selected third parties

From time to time we may send out email messages alerting you that products are available, to remind you about providing feedback or for promotional offers. In addition, you will receive communication from us: 1) if you contact us for a particular reason, 2) to receive your account details, 3) we need to contact you for administrative purposes such as winning a contest, or 4) when we have a substantial change in service or offering. Administrative e-mails will not contain promotional materials. Our News Letters may also contain promotional materials from creately.com and occasionally from carefully selected third parties. If you wish to opt-out of receiving promotional materials from us please email us at support@creately.com.

Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law where we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. We may also provide personal information about you as part of any investigation into you or your activities where we reasonably believe that disclosure is necessary to the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator.

Our Use of Cookies

Cookies are pieces of information that your browser stores on your computer's hard drive which identify your computer. We may use session cookies to provide a seamless experience on the Website and to combine with our log files so that we can understand our site traffic and analyze our demographic information in aggregate form. Any such information will be aggregated and not linked to particular individuals unless required by law. The default settings of browsers like Internet Explorer always allow cookies, but users can easily erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of the Website may not function fully for users that disallow cookies.

Your Feedback is Always Welcome

We welcome your comments and questions about our Privacy Statement policy - or anything else you might want to comment on, please email us at support@creately.com.

This Privacy Statement was last updated on: 8 November 2011.

© 2011 Cinergix Pty Ltd (ACN 130 459 906, ABN 69 130 459 906). All Rights Reserved