Terms & Conditions

MODIFICATION 

Damstra Technology Pty Ltd (Damstra) reserves the right to revise these Terms and Conditions at any time. Any such revision will be binding and effective immediately upon posting of the revised Terms and Conditions on www.damstratechnology.com. Your continued use of our site constitutes agreement to any revision of the Terms and Conditions. 

NO UNLAWFUL OR PROHIBITED USE LIABILITY DISCLAIMER

The information, software, products, and services included in or available through damstratechnology.com or TWMS (the Portal) includes information and data uploaded into the Portal by clients and other users of the Portal. Damstra does not verify the accuracy of that information and data.

Damstra stores and provides access to the information and data contained in the Portal. Damstra does not own or control the information or data contained within the Portal. Damstra makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Portal for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Damstra hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

As a condition of your use of the Portal, you warrant to Damstra that you will not use the Portal for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Portal in any manner which could damage, disable, overburden, or impair the Portal or interfere with any other party’s use and enjoyment of the Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Portal. You may not translate, reverse engineer, decompile or disassemble the Portal or create derivative works based on, the Portal.

To the maximum extent permitted by applicable law, in no event shall Damstra be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Portal, with the delay or inability to use the Portal or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Portal, or otherwise arising out of the use of the Portal, whether based on contract, tort, negligence, strict liability or otherwise, even if Damstra has been advised of the possibility of damages.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Portal, you agree that your sole and exclusive remedy is to discontinue using the Portal. If you do not agree with any part of these terms, you should not commence or continue use of the Portal.

TRADEMARKS

Any rights not expressly granted herein are reserved. The names and images of companies and products mentioned herein may be the trademarks of their respective owners.

CHARGES AND PAYMENT

Damstra provides data processing and management services. The fees associated with providing this services are charged once paperwork is submitted to Damstra. The processing includes, but is not limited to, booking requests, induction bookings, TWMS profile updates, and registrations.

Damstra is NOT the training provider and does not complete any training.

Payment terms are strictly 30 days from date of invoice. Bookings will not be processed until current credit card details are provided or, for account customers, a copy of the purchase order is received by Damstra.

SITE SPECIFIC BOOKING REQUIREMENTS

Each site that utilises the Total Workforce Management System (TWMS) has specific site requirements and reserves the right to refuse to induct or familiarise any person who does not meet their site's requirements, standards or whose skills are not required on site. To find the site-specific requirements, go to www.damstratechnology.com/Sites, find a specific site, and check the pre-induction or pre-familiarisation checklist as well as their competency data as per skills list/skills matrix.

COMPANY'S LIABILITY

Damstra assumes no liability for any loss due to a booking or registration not being accepted or made; whether it is due to an error in the information supplied, data entry error made during the processing of documentation, or the site rejecting booking requests.

BOOKING REQUEST REQUIREMENTS

Booking or Registrations Requests will not be processed without correct credit card details or a copy of your company purchase order provided with induction or site familiarisation booking request forms and paperwork if required. So as not to incur a late-booking fee, all booking requests or paperwork submissions with the essential forms and paperwork outlined in site pre-induction or pre-familiarisation checklists must be submitted to Damstra prior to the late submission window before the training date, within business hours (between 8am and 4pm from Monday to Friday).

Tentative bookings are not made. Bookings are only secured when all the correct paperwork is processed. Unclear or illegible documents and paperwork will not be accepted and the booking will not be made. Every skill requested by an individual must be backed up with all the recognised paperwork for that skill, e.g. Trade Papers, Degree or Letters of Competency.

RE-SCHEDULING TRAINING

Damstra and its clients reserve the right to cancel or change the induction or site familiarisation date and will notify the attendee. The participant can reschedule that booking for the same site at no extra cost. Fees are non-transferable.

FEES

By providing your payment details to Damstra, you irrevocably authorise and direct Damstra to use those details to deduct all fees payable to Damstra by you under these Terms and Conditions. All transactions are processed in the local currency of the applicable site.

EMPLOYEE TRANSFER FEE

Employee Transfer fee refers to the fee payable when acquiring the services of a contractor who, at that point in time, has previously registered a profile with Damstra.

A discount is applied to the total amount payable of the Employee Transfer fee, excluding gst and credit card surcharge, capped to the maximum value of the registration/booking.

Manual Bookings are excluded from this discount offer. The Employee Transfer Discount offer is available on an individual basis, and is available only when the Employee Transfer Fee and Induction Booking or Registration fee has been successfully lodged and processed by Damstra. The offer is not available in conjunction with any other offer during the validity of this offer. Offer is only available to online bookings; manual bookings are not accepted. Bookings and registrations must be lodged and processed strictly within a seven (7) day timeframe (including weekends and public holidays. By providing your payment details to Damstra Technology Pty Ltd, you irrevocably authorise and direct Damstra Technology Pty Ltd to use those details to deduct all fees payable to Damstra Technology Pty Ltd by you under these Terms and Conditions.

REFUNDS

Refunds are not offered as a matter of course as all information submitted is deemed to be processed at the point of submission. To avoid incorrect site selection, Damstra recommends you have your pre-approval (if applicable) and an order number for the work being carried out prior to submitting paperwork.

LATE BOOKING FEE

A 'late booking fee' applies when booking requests and compulsory paperwork and forms are received by Damstra within the late submission window. Please contact Damstra via phone or email for a quote. NOTE: Site variation to process is required for any late booking requests.

ADMINISTRATION FEES

An administration fee is charged at the discretion of Damstra for additional administration, reporting, and accounting services. Fees will be charged for, but are not limited to: manual scanning, changes to employee or employer details within TWMS, reports requested from TWMS. Employee and company reports are freely available on TWMS Portal, therefore, additional reports will be charged per report.

TWMS ACCESS CARD

TWMS Access cards are issued at the discretion of Damstra and the Client. You acknowledge and agree that all employees are made aware that TWMS Access cards are an integral part of a larger data collection, storage, and maintenance system managed by Damstra on behalf of our clients.

Quick Response (QR) codes are printed on the back of each card. The QR code allows individuals and authorised Site Coordinators to view inductions, skills, site appointments, competencies, and expiry information.

Any data stored or created by utilising TWMS Access cards and the associated QR codes will remain the property of Damstra. Any risk associated with the use and/or safekeeping of the TWMS Access card and associated data will pass to the individual and their employer jointly from the date that the TWMS Access card is delivered to the company.

Replacement TWMS Access cards will incur a replacement card fee. Damstra and/or the Client reserve the right to withdraw, suspend, or deactivate a TWMS Access card at any time without providing cause or reason.

CALL RECORDING

By utilising the services of Damstra you authorise Damstra to record your telephone calls for Quality, Training and Audit purposes. If you do not wish to have your call recorded please let the Damstra representative know at the beginning of your call.

Authorisation It is accepted by Damstra that any information a company provides us about an employee, that employee has given their express permission to provide that information to Damstra. Damstra accepts no responsibility for receiving information if you have failed to obtain this express permission.

Privacy Policy

This is the Privacy Policy of Damstra Technology Pty Ltd with Australian Company Number (ACN) 086 218 742. We are committed to protecting your personal information and your right to privacy.

1. Scope

This Privacy Policy governs the privacy policies and practices of Damstra Technology Pty Ltd (“Damstra”, “Company”) and also encompassing our products (the “System/s”, “TWMS”, “eify”, “Velpic”, “WMS”) and services. Please read our Privacy Policy carefully as it will help you make informed decisions about sharing your personal information with us.

2. Last Update Date

We last reviewed and updated our Privacy Policy on 16 July 2019. This policy is approved by the Board of Directors on 16 July 2019. Effective date is on 16 July 2019.

3. Information We Collect

The personal information we collect when using our products and services is limited to what is required and necessary. The personal information that we collect depends on the context of your interaction with us and the Company, the choices you make and the products and services you use.

As a Visitor to our Website, you can freely browse our website to find out more about our Company. You are not required to provide us with any personal information as a Visitor.

We collect your personal information when you register with us ("User", “Client”, “Contractor”), when you express an interest in using our products and services, when you participate in activities on our website or otherwise contacting us. Some of the information we collect are your name, email address and preferred means of communication.

If you are a data subject (“User”, “Contractor”, “Employee”) at any site or client which uses any of Damstra's or its subsidiaries’ products such as Total Workforce Management System (“TWMS”, “WMS”), eify Workforce Management System (“eify”, WMS”) or Velpic Learning Management System (“Velpic”, “LMS”), we may collect information about you in relation to your engagement, including your name, email address, telephone number, date of birth, next of kin, skills or competency information, right to seek employment, electronic finger scan, facial biometric information, photograph, location, breath analysis and driver licence and other occupational licence information details. This information will be collected electronically unless otherwise stated. We will obtain and use this information for the purpose of reporting it to our client, who is the site owner or operator, or for any purpose reasonably related to this.

We may also collect other sensitive information, such as information about your health and medical history. We will only ask you to provide this information if it is necessary or when our client, who is the site owner or operator, has directed us to collect and provide it to them.

If you are a client or a third-party vendor/supplier, potential or otherwise, we may collect and hold financial information about your organisation and your credit history, business credentials and banking information. We may, with your consent, seek trade references and undertake credit checks with external parties. We will use this information to help us establish a strong business relationship with you and/or to determine payment terms and appropriate commercial arrangements or any matter related to this.

4. Automatically Collected Information

When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered non-personal information. We also collect the following:

5. Cookies

Our Website uses "Cookies" to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. We never place Personally Identifiable Information in Cookies.

Strictly Necessary Cookies

These cookies are essential to enable you to move around the website and use its features. Without these cookies, we cannot provide some of the basic functionalities of our website.

Performance Cookies

These cookies collect information about how visitors use our website, for instance which pages visitors go to most often, and the pages that they don’t. This helps us to understand and improve the site, so it is easy to use and includes helpful content. They also allow us to fix bugs or glitches on the website. These cookies don’t collect information that identifies visitors, so we can’t identify you individually. We use Google Analytics to track usage of our websites and interaction with our newsletters. For example, to see what content you click on, so we can analyse what content is of most interest to our audience.

Functionality Cookies

These cookies allow our website to remember the choices you make as you browse the site. They provide more enhanced and personal features. The information collected is anonymised and they cannot track your browsing activity on other sites once you leave our site.

6. Third Party Tracking Tools

We also use third party tracking tools to improve the performance and features of our Website. These third-party tracking tools are designed to collect only non-personal information about your use of our Website. However, you understand that such tools are created and managed by parties outside our control. As such, we are not responsible for what information is actually captured by such third parties or how such third parties use and protect that information

7. Log Information

We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you're headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all this information to analyse trends among our Users to help improve our Website.

8. Your Possible Actions on Automatically Collected Information

How to turn off cookies

You can turn cookies off at any time, by going into your browser settings, however this may have a detrimental effect on your user experience. If you are happy to continue letting us use cookies in the ways set out in this Notice, to help us guide our work, then you need not do anything.

How We Collect Your Personal Information

We usually collect personal information directly from the individual when that individual registers or updates information on the relevant system. We may also collect personal information from the individual and in turn enter or update that information in the relevant system. Sometimes we may also collect personal information from our clients as well as their head and sub-contractors, if applicable and necessary.

We usually collect personal information directly from the individual when that individual registers or updates information on our systems. We may collect personal information from the individual, individual’s employer or a sub- or head contractor for whom the individual works or the manager or owner of a site or business at which the individual performs tasks or otherwise has access. We may collect personal information about the individual from these other sources in circumstances such as where we are setting up a WMS for a client or where these other sources provide us with information to help register or update the individual’s details in a WMS. Collection of information may also include collecting personal information via scanners, card readers, terminals, turnstiles and access control devices.

Once processed, personal information is held in the relevant system. Prior to processing, the personal information is held in our general business management and record keeping systems (including email accounts and servers).

Why We Use Your Personal Information

We collect personal information for a range of purposes. These primarily include registering and updating the individual’s details in the system for the relevant client. Once entered into the system, the information can be used by the client for their workforce management and other related purposes and to assist them in meeting their workplace health and safety obligations. We may potentially use or disclose your personal information for the purpose of direct marketing our products and services to you or our clients or to serve you with information and/or to seek your assistance in feedback and surveys.

Consequences If You Withhold Personal Information

If you do not provide all of the information we require, we may not be able to register you in the relevant system or update your details. This may mean that you are not permitted to access the system, the sites or undertake certain tasks. You should confer with your client to understand the specific consequences that may apply in your particular circumstances.

Access to Personal Information and Updating Information

It is important that the personal information we hold about you is correct and up to date. We encourage you to contact us at any time to update or correct information we hold about you.

You can request access to your personal information by sending a request to Damstra's Privacy Officer in writing or by email. The contact details for the Privacy Officer appear later in this Policy. We will normally provide you with access to this information, provided that the request falls within the requirements of the relevant privacy legislation, your request is reasonable and appropriate notice has been provided to us. We may require you to pay any archiving or retrieval costs associated with this prior to providing that information to you.

We will not disclose commercially sensitive information to you.

We will respond by email or letter to you in relation to your request for information within a reasonable period (usually within 30 days) and if reasonable, will provide access in the manner you have requested, or in an alternative manner, provided it is practicable for us to do so. If it is not reasonable or practicable to do so, we will let you know.

If we refuse to provide access to information or to update information, we will provide you with the reasons.

Sharing, Disclosure and Transfer of Your Personal Information to Service Providers Located Overseas

If you choose to use our products and services, we may share your personal information for processing to our Operations Team based in Clark, Philippines; share with our clients, the company you’ll be working for; and store the information in our database currently hosted on Amazon Web Services (AWS).

We will take reasonable steps to ensure that Damstra employees and third-party suppliers, wherever they are located, abide by our Privacy Policy and practices and that we do not breach your privacy. Data is securely stored, access is limited and given on a need-to-know basis, and use is for legitimate purposes only. We will not use or disclose personal information other than for the purpose for which it was collected or for a purpose reasonably related to it, except when required by law to do so unless we have your consent to do so.

Retention of Your Personal Information

We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Information Security and Technical and Organisational Measures

Damstra takes the privacy and security of individuals and their personal information very seriously and take every reasonable measure to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorised access, alteration, disclosure or destruction.

Compliance to Other Privacy Legislation Best Practices

We are committed to comply with the privacy legislation and global privacy best practices where Damstra operates or have data subjects.

GDPR

Information Regarding Data Protection Rights Under General Data Protection Regulation (GDPR)

For the purpose of this Privacy Policy, we are a Data Controller of your personal information.

If you are from the European Economic Area (EEA), our legal basis for collecting and using your personal information, as described in this Privacy Policy, depends on the information we collect and the specific context in which we collect it. We may process your personal information because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it's not overridden by your rights
  • To comply with the law

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. In certain circumstances, you have the following data protection rights:

  • The right to access, update or to delete the personal information we have on you
  • The right of rectification
  • The right to object
  • The right of restriction
  • The right to data portability
  • The right to withdraw consent

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Information Regarding Data Protection Rights Under Other Privacy Legislations

Your rights as data subjects are similar to what is required by the General Data Protection Regulation. We are committed to uphold your privacy rights as imposed by the applicable privacy law as well as what are considered as best and right practices.

1. Employee Privacy Roles

Damstra has appointed a Data Protection Officer (DPO) and have appointed a data privacy team to develop and implement our roadmap for complying with appropriate regulations. The team is responsible for promoting awareness of the various privacy laws and best practices across the organisation, assessing our compliance, identifying any gap areas and implementing the new policies, procedures and measures.

Damstra understands that continuous employee awareness and understanding is vital to the continued compliance of the different privacy legislations and have involved our employees in our preparation plans.

2. Erasure of Information and Consequences

You may request for your data to be deleted. We will maintain certain basic biographical details which includes, amongst others, your name, address, employer and date of birth and any other information that we will reasonably need to identify you in the future. In addition, we will maintain a record of our dealings with you, including the request to delete your data. After personal data is deleted from our production servers, it may still reside in our offline backups for at least 36 months or such longer period as our clients may require. However, if a backup is restored all efforts will be made to ensure the data is deleted again.

If you do erase some or all of the information we require, we may not be able to register you in the relevant WMS or update your details. This may mean that you are not permitted to access sites or undertake certain tasks. You should confer with your client to understand the specific consequences that may apply in your particular circumstances.

3. Protecting Your Child's Privacy

Our Website is not designed for use by anyone under the age of 13 ("Child"), though we realize we may have a Child attempt to make purchases through our Website. We do not verify the age of our Users nor do we have any liability for verifying a User's age. If you are a Child, please seek the permission of a parent or guardian before using our Website. If you are a parent or guardian and believe your Child is using our Website, please contact us to remove your Child's account; we reserve the right to ask you for verification of your relationship to the Child before we honour such a request. If we discover that a Child has created an account on our Website, we will immediately delete the account as soon as we discover it, we will not use the information for any purpose, and we will not disclose the information to third parties. However, as parent of such a Child, you understand that you are legally liable for any transactions created by the Child.

4. Links to Third-Party Websites

Our Website may contain links to other websites that are not under our direct control. These websites may have their own policies regarding privacy. We have no control of or responsibility for linked websites and provide these links solely for the convenience and information of our visitors. You access such linked websites at your own risk. These websites are not subject to this Privacy Policy. You should check the privacy policies, if any, of those individual websites to see how the operators of those third-party websites will utilize your personal information. In addition, these websites may contain a link to websites of our affiliates. The websites of our affiliates are not subject to this Privacy Policy, and you should check their individual privacy policies to see how the operators of such websites will utilize your personal information.

5. Our Email Policy

Our affiliates and we fully comply with national laws regarding SPAM. You can always opt out of receipt of further email correspondence from us and/or our affiliates. We agree that we will not sell, rent, or trade your email address to any unaffiliated third-party without your permission.

6. Call Recording

You authorise Damstra to record your telephone calls for Quality, Training and Audit purposes. If you do not wish to have your call recorded, please let the Damstra representative know at the beginning of your call. All call data is managed in accordance with this policy.


Updates to Our Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this policy, we may notify you on our Website, by a blog post, by email, or by any method we determine. The method we choose is at our sole discretion. We will also change the "Last Updated" date at the beginning of this Privacy Policy. Any changes we make to our Privacy Policy are effective as of this Last Updated date and replace any prior Privacy Policies.


Consequences of Non-Compliance to the Privacy Policy

Non-compliance to this policy will be dealt with by Damstra management in an objective and fair manner. We will ensure that privacy rights of the data subjects are not violated. This applies not only to employees but to third-parties as well.

Contact Us

If you have any questions or concerns about our Privacy Practices or this Policy, or any alleged breach of privacy by Damstra, please contact us.

The Privacy Officer
Damstra Technology Pty Ltd 
38-40 Garden Street
South Yarra, VIC, 3000

Email: [email protected]

We will respond to your query or complaint within a reasonable period (usually within 30 days). If you are not satisfied with our response, you can contact your country’s supervisory authority or alternatively, the supervisory authority in Australia. Further information in relation to the privacy legislation of your country can also be obtained at the following websites.