Formbay Solar

General Terms of Use

IMPORTANT NOTICE: These Terms of Use form a legal agreement between Formbay Trading Pty Limited (ACN 146 464 995) of Level 1, 222 Clarence Street, Sydney, NSW 2000 (Formbay) and You with respect to the access and use of the Software and the Services. Before You can log in and use the Software or access the Services, You must read and agree to these General Terms of Use.

Under the SRES, Owners may install Eligible Installations on eligible properties and create STCs. As a service provider in the renewable energy industry, You and the Owners may agree on certain arrangements with respect to the provision of certain goods and services by or on behalf of You to the Owners about Eligible Installations, and the registration and trading of the STCs created by such Eligible Installations using the Software and Services.

In order to access and use the Software and utilise our Services, You will require a licence from Formbay. These General Terms of Use set out the terms on which Formbay agrees to grant You a limited non-exclusive non-transferable licence to use and access the Software and the terms on which You may use the Services within the Territory.

In consideration for accessing the Services and the Software, You agree to be bound by these General Terms of Use. If You do not agree to these General Terms of Use, You must not use (or allow a third party to use) the Services or access the Software.

Definitions and interpretation
1. Definitions
2. Interpretation
  - A reference to a person includes any other entity recognised by law and vice versa.
  - Headings, underlinings, marginal notes and indexes are only included for ease of reference and do not affect interpretation.
  - A reference to any legislation or legislative provision includes any modifying, consolidating or replacing legislation or legislative provisions from time to time, and includes all regulations, rules and other statutory instruments issued under the legislation.
  - A reference to a document (including these Terms of Use) is to that document as varied, novated, ratified or replaced from time to time.
  - References to parties, clauses, schedules, annexures or exhibits are references to parties, clauses, schedules, annexures or exhibits to these Terms of Use unless otherwise stated.
  - References to months and years mean calendar months and years.
  - Words denoting the singular number include the plural, and vice versa.
  - Where any word or phrase is given a defined meaning any other grammatical form of that word or phrase has a corresponding meaning.
  - No rule of construction or interpretation applies to the disadvantage of a party because that party prepared these Terms of Use.
The Formbay Account
1. To Create a Formbay Account
  To utilise the Services, You will need to create an Account with Formbay by completing an online registration form made available by Formbay at the Website. To be eligible for an Account, You must:
  - be over 18 years old;
  - Have one/two director(s) sign the online registration form to comply with the execution of documents under the Corporations Act 2001 (Cth) and in addition, if in the sole opinion of Formbay, Formbay requires You to provide a personal guarantee to Formbay guaranteeing Your performance of all obligations owing to Formbay, sign the guarantee document with such document to be presented in a form satisfactory to Formbay; and
  - accurately complete all required information on the online registration form, including the full name of the legal entity of the applicant of the Account.
  - You must not use a false identity to create an Account, or falsely state, impersonate or otherwise misrepresent your identity when creating the Account.
2. Acceptance of Your Account
  Formbay may at its discretion accept or deny your application to create an Account. Once Your application is accepted by Formbay, You may use the Software and access the Services in accordance with these General Terms of Use. You must not:
  - sell, lease, license, rent, loan, trade ,share, timeshare or otherwise transfer or deal with Your Account to another party unless you receive written confirmation from Formbay’s CEO; or
  - allow any third party to access Your Account, save an Authorised Person.
3. Change of Authorised Person
  - You must notify Formbay in writing within 24 hours of a change in Authorised Person.
  - You represent and warrant that only the Authorised Person will use Your Account and You indemnify Formbay for any direct and/or indirect loss and/or any damage caused by any unauthorised person or access to Your Account.
The Services
1. Assignment of STCs
  You represent and warrant that all legal/equitable rights and title in and to the Pending STCs and/or Created STCs (including all Submitted STC Applications) are legally assigned to Formbay by the Owner (or otherwise) immediately on submission of a Submitted STC Application.
2. Creation of STCs
  You agree to the following with respect to the creation of a STC under the RET Legislation using the Software:
  - Formbay may and You explicitly consent to Formbay recording, by whatever means including electronically and storing all conversations between the parties which shall, at Formbay’s sole discretion, form part of these General Terms of Use;
  - You must Submit to Formbay all Data necessary with your Submitted STC Application to enable Formbay to create the STCs in consultation with the CER, through Formbay's REC-Registry Account and to enable Formbay to sell the STCs to Buyers and/or bank them;
  - Draft STC Applications will only become Submitted STC Applications once all Data Submitted by You is received, analysed and verified by Formbay. Any failure to upload correct and complete Data will result in delays to a Submitted STC Application approved by Formbay and being uploaded to the REC-Registry. Formbay takes no responsibility for any direct/indirect losses/damages You may sustain if the Data Submitted/uploaded by You is incorrect and/or incomplete;
  - The details of all Uploaded STC Applications uploaded to the CER are summarised in a “STC Form”;
  - Once an Uploaded STC Application has been approved by the CER so that it is now an Approved STC Application, an automated SMS will be sent to You (if You have provided Formbay with a true, correct and valid Australian mobile phone number) and the Approved STC Application will be displayed on Your Account.
  - After Formbay has paid the registration fee, Formbay has no control over the period it takes for the CER to confirm that an Uploaded STC Application is now an Approved STC Application
  - Once Formbay has paid the registration fee and the STC is registered by the CER and the Uploaded STC Application becomes an Approved STC Application, Formbay will verify the Approved STC Application and approve, accept and create the Approved STC Application as a Created STC, subject to, any Potential Breach ,.
  - For the avoidance of doubt, in respect of a Potential Breach, Formbay reserves the right, at its sole discretion to refuse an Approved STC Application and delay, vary and/or terminate payment of the STC Amount to You and may recover its costs (e.g. Licence Fee) in dealing in such STC Applications;
  - You will be notified in Your Account when a Created STC is listed in Your Account; and
  - You will respond to any contact made by the CER to you promptly and acknowledge that the CER is likely to contact you by phone and/or other means within 0-12 weeks from the date of the Uploaded STC Application. If the CER leaves You a phone message you represent and warrant that You will respond to the CER’s message within 2 business days. You acknowledge that we may cite our written and any recorded verbal correspondence with the CER in establishing noncompliance with this clause.
3. STC Amount
  In consideration of the assignment (or the procurement of assignment) of STCs by the Owner/You to Formbay in accordance with clause 3.1, You acknowledge that Formbay will pay you the STC Amount in accordance with this clause:
  - the STC Amount is calculated based on the applicable Offered Price for a Pending STC(s) or a Created STC(s) selected by You from time to time using the Software;
  - Offered Prices are different for Pending STCs and Created STCs and within Uploaded STC Applications (depending on the age of the Submitted STC Application(s));
  - Subject to clauses 3.3(f) & 3.3(g), You may, between the hours of 9 am and 3 pm on Business Days, select an Offered Price for a Pending STC or a Created STC in Your Account at Your discretion, if you have selected an Offered Price for a Pending STC, you may not select an Offered Price for a Created STC arising from that Uploaded STC Application;
  - Your selection of the Offered Price for a Pending STC or Created STC pursuant to an Uploaded Application is always subject to approval by Formbay.
  - In respect of Pending STC(s), You acknowledge that due to the often long CER processing times for Uploaded STC Applications in respect of Eligible Installations that involve: replacement; and/or additional SGUs (e.g. replacement/additional PV panels); and/or commercial size SGUs, Formbay may, in preference to any other contrary provision of these General Terms of Use, withhold providing an Offered Price for Pending STC(s) for such Uploaded STC Applications until a later date
  - for Pending STCs or Created STCs pursuant to the Uploaded STC Application(s) for which You have selected an applicable Offered Price before 3 pm on a Business Day, subject always to this clause 3.3, and which have been approved by Formbay, Formbay will pay to You the STC Amount on the same Business Day by direct deposit of the STC Amount into Your Bank Account less any applicable Licence Fee and Taxes
  - for Pending STCs or Created STCs pursuant to those Uploaded STC Applications for which You have selected an applicable Offered Price after 3 pm on a Business Day, subject always to clauses 3.3(d), 3.3(n) & 3.3(o) and which have been approved by Formbay, Formbay will pay to You the STC Amount on the following Business Day by direct deposit of the STC Amount into Your Bank Account less any applicable Licence Fee and Taxes;
  - Formbay takes no responsibility for any delay in You receiving such funds from Formbay, after the funds have left Formbay's bank account;
  - For the avoidance of doubt, once You have selected an applicable Offered Price for a Pending STC and/or Created STC pursuant to an Uploaded STC Application such selection is irrevocable by You and, except for your right to receive payment of the STC Amount under this clause, you will have no further rights in or with respect to that Uploaded STC Application relating to those Pending STCs and/or Created STCs. Formbay will be entitled to deal in or sell those Pending STCs and/or Created STCs (including the Uploaded STC Application) entirely at its discretion, and retain all amounts received in relation to it. Accordingly, those Pending STCs and/or Created STCs pursuant to that Uploaded STC Application will no longer be available for selection of an Offered Price using the Software;
  - If an Uploaded STC Application is received by Formbay eleven (11) or more months after the installation date of the Eligible Installation, Formbay will use its reasonable endeavours to process such Uploaded STC Application but You acknowledge that it is the CER’s role to formally approve and register any STC following payment by Formbay of the registration fee. In such instances, Formbay may pay a reduced STC Amount (or hold/vary any such payment of the STC Amount) for any Pending STCs and/or Created STC or may only agree to pay the STC Amount for Created STCs. If such Uploaded STC Application and/or STC is not approved and/or registered by the CER for any reason and is failed by the CER/Formbay, Formbay has no liability to You and You agree to indemnify Formbay against any direct/indirect loss (whether in contract, tort, statute or otherwise) You may incur due to the CER not approving and registering such STCs. Formbay reserves the right to charge its Licence Fee and you agree to pay such fee on demand and/or set off such amounts against future Uploaded STC Application;
  - in consideration for Formbay agreeing to pay the STC Amount to You under this clause, Formbay may require You to procure the execution of a personal guarantee from a person nominated by Formbay (e.g. a director of You), using a template personal guarantee provided by Formbay, together with a certificate regarding legal advice in a form acceptable to Formbay;
  - Formbay has no liability to you for any decision, judgment and/or perceived error claimed against the CER and/or in instances where Formbay deems/verifies Your STC Application against the RET Legislation and/or Industry Guidance and such RET Legislation and/or Industry Guidance or Formbay’s interpretation of such RET Legislation and/or Industry Guidance is incorrect; and
  - You represent and warrant that if an Uploaded STC Application is not approved and/or is failed by the CER and/or Formbay, then the Licence Fee is to be paid by You and/or offset from monies owed by You to Formbay and You may direct Formbay to transfer the STC Application to another agent/aggregator.
  - In instances where no STC Amount has yet been paid to You by Formbay, if Formbay is informed by the CER of a Potential Breach or the STC Application is a failed by the CER/Formbay, then, in order for Formbay to try to resolve the problem and/or re-submit the STC Application to the CER:
  - In instances where no STC Amount has yet been paid to you by Formbay, if following Formbay completing to its sole satisfaction the process in clause 3.3(n) in respect of any Potential Breach or STC Application is failed by the CER/Formbay and in Formbay’s sole opinion such matters cannot be resolved and the Potential Breach and/or failed STC Application persists, then Formbay may (without any liability whatsoever to You):
  - In instances where Formbay has paid you a STC Amount in respect of any STCs and such STCs and/or Pending STC Applications and/or Approved STC Applications are in fact invalid and/or failed by the CER/Formbay and/or result from Defective Installations and/or are Pre-Created STCs, then Formbay has no obligation to notify you of such failure but has immediate rights under clause 3.7 of these General Terms of Use.
  - You represent and warrant that You have no claim for any direct/indirect loss, damage and/or liability due to Formbay implementing the procedures and actions in clauses 3.3(n), 3.3(o) & 3.3(p) and You indemnify Formbay in respect of any such claim and/or losses
  - Notwithstanding the above, in the event of a system malfunction or a Force Majeure event, Formbay reserves the right to hold the day's payments for any Pending STCs and/or Created STCs in respect of the Uploaded STC Applications until the issue has been resolved.
  - You acknowledge and accept that Formbay may withhold and/or vary payment of any part of the STC Amount until it has received a personal guarantee (e.g. from a director of You or otherwise agreed between the parties) and a certificate certifying that You have procured legal advice in respect of these General Terms of Use.
4. Licence Fee
  In consideration of using the Software and the Services, You must, subject to clause 3.6, pay a Licence Fee (GST exclusive) per Pending STC and/or Created STC pursuant to an Uploaded STC Application in Your Account. The Licence Fee includes the registration fee imposed per STC by the CER. The Licence Fee and applicable Taxes will be deducted from the STC Amount payable by Formbay to You under clause 3.3.
5. Taxes
  - You are responsible for all Taxes about the provision of Services by Formbay to You. The parties agree as follows in respect of GST:
  - Unless GST is expressly included, the consideration expressed to be payable under any other paragraph of these General Terms of Use for any supply made under or about these General Terms of Use does not include GST, which must be paid as an additional amount.
  - Each party agrees to do all things, including providing tax invoices and other documentation, that may be necessary or desirable to enable or assist the other party to claim any input tax credit, adjustment or refund in relation to any amount of GST paid or payable in respect of any supply made under or about these General Terms of Use. A party is not obliged to make a payment under these General Terms of Use if the other party does not provide a valid tax invoice.
  - If a payment to a party under these General Terms of Use is a payment by way of reimbursement or indemnity and is calculated by reference to the GST-inclusive amount of a loss, cost or expense incurred by that party, then the payment is to be reduced by the amount of any input tax credit to which that party is entitled in respect of that loss, cost or expense before any adjustment is made for GST.
6. Additional Fees and Rights of Formbay
  - You agree to select an Offered Price for each Created STC within thirty (30) days from the date the Pending STC becomes a Created STC (the date the Created STC appears in the REC Registry) unless otherwise directed or deemed inappropriate by Formbay. If You fail to do so:
  - Formbay will be entitled to invoice, and if invoiced You must pay an amount of the difference between the Licence Fee and the then current CER registration fee, (GST exclusive) per Created STC that remains in Your Account after such thirty (30) day period;
  - if You pay the above invoiced amount per Created STC You will be charged a reduced Licence Fee per Created STC at the time you select a STC Amount for such Created STC, such reduced Licence Fee being the then current Licence Fee less the amount paid under this clause with respect to the Created STC;
  - if You do not select an Offered Price for a Created STC within twelve (12) months from the date that the Created STC is listed in the REC Registry, you agree that Formbay may sell any Created STC to a Buyer without further notice to you and Formbay will pay to You a STC Amount with respect to such Created STC calculated based on the then current Offered Price for such Created STC published on the Software less any applicable unpaid Licence Fee. Formbay will send You an automated email reminder after eleven (11) months from the date that the Created STC is listed in the REC Registry.
7. Invalid STCs & STC Amount Paid to You
  If for any reason a Pending STC, Created STC and/or Uploaded STC Application for which a STC Amount has been paid to You by Formbay is found to be invalid and/or is failed by the CER/Formbay and/or is affected by a Potential Breach and/or results from a Defective Installation and/or is not able to properly form the basis or part of an Uploaded STC Application, because it was a Pre-Created STC, then in Formbay’s sole opinion and without notice to you or without limiting Formbay’s rights and remedies:
  - You grant to Formbay a Security Interest and PMSI (which Formbay may register a Financing Statement on the PPSR) over any STC Amounts (plus any associated Licence Fee) paid to you by Formbay in respect of such invalid STCs, Pre-Created STCs and all STC Applications (however created by fraud, negligence or otherwise);
  - You grant to Formbay a Security Interest and PMSI (which Formbay may register a Financing Statement on the PPSR) over any current/future STC Amounts (plus any associated Licence Fee) paid and/or owed or that may be owed in the future including all STC Applications;
  - You must, on request by Formbay, immediately refund to Formbay any STC Amount received by You for such Pending STC, Created STC and/or Uploaded STC Application without any deductions;
  - the Licence Fees or other amounts paid or deducted with respect to such Pending STCs, Created STCs and/or Uploaded STC Applications are not refundable to You;
  - the Licence Fees or other amounts paid or deducted with respect to such Pending STCs, Created STCs and/or Uploaded STC Applications are not refundable to You;
  - You are solely responsible to claim a refund or rebate of any Taxes (if applicable) from relevant taxation authorities;
  - If Formbay acts under this clause 3.7, Formbay may demand immediate repayment of the STC Amount(s) (or such part of the STC Amount(s) as has been advanced to You) and Licence Fees from You or from any third party in accordance with these General Terms of Use and/or under any personal guarantee provided about these General Terms of Use; and
  - If the CER conducts and/or authorises a third party to conduct an audit in accordance with the RET Legislation and/or Industry Guidance in respect of any of Your STC Applications, You will be solely responsible for such audit costs and indemnify Formbay from any/all such direct/indirect costs and/or general/special liability.
8. Suspension and Termination of Services to You
  Formbay reserves the right to modify, restrict, suspend, discontinue, terminate or close Your Account or any part of the Services without notice at any time and without any liability to You, including the right to:
  - suspend the feature for You to select an Offered Price for a Pending STC, Created STC and/or any Uploaded STC Applications offered by the Services;
  - suspend or terminate Your Account and/or access to the Software/Services, if it determines, in its sole discretion, that doing so is necessary to enforce these General Terms of Use and/or the App Terms of Use and/or You are subject to a Potential Breach;
  - suspend or cancel a transaction or Your Account in the event of, in Formbay’s sole opinion, a Potential Breach has occurred or You have made derogatory or defamatory statements about Formbay on/by any media; and
  - In the event Your Account is terminated,all STC Applications that are not Uploaded STC Applications will be deleted from Your Account; and
  - You must nominate within thirty (30) days of termination, a REC-Registry Account to transfer all Created STCs and/or Uploaded STC Applications in Your Account for which you have not selected an Offered Price which has been approved by Formbay. Subject to the payment of the Licence Fee per Created STC per any Uploaded STC Application, Formbay will transfer such Created STCs and/or Uploaded STC Applications to your nominated REC-Registry Account within a reasonable time.
9. Suspension & Termination of Installer Account
  - If You and/or Formbay become aware of any Defective Installations or in You or Formbay’s opinion any suspicious behaviour by an Installer that may result in any direct/indirect economic/legal/reputational damage, loss and/or liability to Formbay, then:
  - You and/or Formbay will notify the other party of such Defective Installations or suspicious behaviour within 15 Business Days of becoming aware of such behaviour;
  - After 14 Business days (or otherwise agreed), Formbay may agree in writing with you to allow You to process specific existing STC Applications from the suspect Installer subject to You suspending and/or restricting access to the Installer’s Accounts and/or Your account and/or restricting their (i.e. the Installer and/or You, customer/end user) access to the Device Application, Software/Services, so that no new STC Applications can be submitted by that Installer (e.g. Your customer/end-user) and once the agree STC Applications have been processed, terminate the Installer’s Account unless otherwise directed by Formbay;
  - Formbay may at any time suspend and/or terminate the Installer’s Account and/or their access to the Software/Services under these General Terms of Use and/or the App Terms of Use;
  - Formbay may direct You to immediately suspend or terminate that Installer’s Account and/or their access to the Software/Services pursuant to these General Terms of Use and/or App Terms of Use and/or other contractual arrangements You may have with such Installer granting access to the Software/Services;
  - You will suspend or terminate the Installer’s Account and/or access to the Software/Services immediately upon receipt of Formbay’s direction;
  - Formbay may inspect the Owner’s Eligible Premises (e.g. Installation Address) in accordance with these General Terms of Use; and
  - If an Installer’s Account and/or access to the Software/Services is suspended, halted, dealt with and/or terminated in accordance with this Agreement, then You indemnify Formbay from any direct/indirect loss, damage and/or liability flowing directly/indirectly from such action and from any claims (whether in contract, tort, legislative or otherwise) whatsoever from You and/or the Installer or You against Formbay in respect of such liability in respect of such action (or related) action.
10. Obligation to Keep Up to Date with RET Legislation & OH&S
  - You must keep up to date with any changes to the RET Legislation and all relevant laws (including OH&S Laws) and implement any reasonable changes to Your processes and systems in respect of You or Your customers and/or Installers use of the Software and/or Services.
  - Formbay will use its reasonable endeavours to keep you up to date on changes to the RET Legislation but You must rely on Your own investigations and not rely on such information from Formbay for which Formbay excludes any liability to you for any loss and/or damage sustained by You and/or Your customers/Installers.
  - Formbay may at any time suspend and/or terminate the Installer’s Account and/or their access to the Software/Services under these General Terms of Use and/or the App Terms of Use;
  - Formbay may direct You to immediately suspend or terminate that Installer’s Account and/or their access to the Software/Services pursuant to these General Terms of Use and/or App Terms of Use and/or other contractual arrangements You may have with such Installer granting access to the Software/Services;
  - You will suspend or terminate the Installer’s Account and/or access to the Software/Services immediately upon receipt of Formbay’s direction;
  - Formbay may inspect the Owner’s Eligible Premises (e.g. Installation Address) in accordance with these General Terms of Use; and
  - If an Installer’s Account and/or access to the Software/Services is suspended, halted, dealt with and/or terminated in accordance with this Agreement, then You indemnify Formbay from any direct/indirect loss, damage and/or liability flowing directly/indirectly from such action and from any claims (whether in contract, tort, legislative or otherwise) whatsoever from You and/or the Installer or You against Formbay in respect of such liability in respect of such action (or related) action.
11. Holding of STCs
  You agree that Formbay may choose, in its sole discretion, to hold the value of all Pending STCs, Created STCs and/or Uploaded STC Applications in all valid Formbay Accounts as a combination of STCs in Formbay's REC-Registry Account and cash in an Authorised Deposit Taking Institution as defined in the Banking Act 1959 (Cth), the Reserve Bank or a State Bank.
Accessing and using the Software
1. Licence of Software
  Upon Formbay’s acceptance of Your application for an Account and provided You are complying with Your obligations under these General Terms of Use, including paying all necessary fees (e.g. Licence Fee), Formbay grants to You from the creation date of Your Account a limited, non-exclusive, non-transferable licence to access and use the Software via the Website solely for using the Services within the Territory.
2. Access to the Software
  The Software will be made available for access via the Website subject to these General Terms of Use and/or the App Terms of Use. You should be aware and agree that Formbay may from time to time without notice suspend access to the Software and/or Services or disconnect or deny You access to the Software/Services in the event of technical failure, modification, event of Force Majeure or maintenance of the Software/Services or the Website. Formbay will use its reasonable endeavours to procure the resumption of access to the Software/Services or the Website as soon as reasonably practicable.
3. Formbay Solar PV Installer App
  You must ensure the Device Application is used to upload all relevant Data onto the Software. Additional terms of use will apply to use of the Device Application. If the Device Application is not used to upload the Data, Formbay may be unable to provide the Services.
4. Use of the Software and Services
  You agree always to access and use the Software and/or the Services:
  - in accordance with these General Terms of Use and all variations of these General Terms of Use as notified by Formbay from time to time, and the notices sent to You or otherwise made available on the Website concerning the Software or the Services;
  - making Your own enquiries into the laws applying in each jurisdiction in which You use the Software and the Software/Services and ensure Your access and use of the Software and the Services comply with all applicable laws and all relevant regulatory requirements including the RET Legislation & OH&S Laws;
  - Formbay may at any time suspend and/or terminate the Installer’s Account and/or their access to the Software/Services under these General Terms of Use and/or the App Terms of Use;
  - in accordance with Formbay’s Privacy Policy.
  - You must promptly notify Formbay if You believe or suspect that the Software or the Services have been compromised or are being used in a matter that breaches these General Terms of Use.
5. Updates
  Formbay may, at its discretion, provide Updates to the Software on the Website from time to time at no additional charge. Formbay may give you reasonable notice for the provision of Updates. You must keep up-to-date with the operation of and any Updates of the Software. Use and access to all Updates are subject to these General Terms of Use.
6. Restrictions on Use
  During the term of these General Terms of Use and following termination or expiry, You must not, and must not authorise or encourage any third party to, use the Software or the Services in any way that causes You to breach these General Terms of Use or in any way that violates any of the items described in the list of ‘Prohibited Actions' and ‘Spam' as outlined in the Schedule.
Your data
1. Ownership
  All Data uploaded onto the Software by You or on Your behalf remain, as between You and Formbay, Your property. You grant Formbay an irrevocable exclusive licence to use the Data for the purposes of these General Terms of Use.
2. If You:
  - take photographs of the products installed at the Installation Address;
  - take photographs of the Owner for witnessing purposes, recording the owner's signature assigning his or her their rights in the potential STC; or
  - electronically record the signature of the Owner,
  You must obtain or ensure You and/or Your employee, agent or contractor obtains the Owner's written consent with respect to the taking or recording of such Data or signature prior to using such Data or signature in the Software or otherwise for the Services.
3. Uploading the Data in the Services
  You agree and acknowledge that:
  - You are solely responsible for the content of any Data that is uploaded by You or on Your behalf in an Uploaded STC Application or Submitted STC Applications via the Software and Formbay takes no responsibility for the accuracy or the content of the uploaded Data;
  - If the CER refuses Your Uploaded STC Application because any of the Data Submitted by You is not correct, Formbay shall have no liability to You;
  - it is Your responsibility to ensure that the Data on Your screen is refreshed and up-to-date and that You have access to a valid/active internet connection;
  - You will not upload any Data via the Software and/or Device Application that is of a pornographic or unsavoury nature; and
  - If the Data You upload contains any Malware, Formbay will not be responsible for any costs, losses and/or damages sustained by You and/or Your clients and You indemnify Formbay against any such claims. You further indemnify Formbay against an/all direct/indirect/special losses and/or damages that Formbay and/You may sustain indirectly/directly flowing from your breach of this clause;
  - Formbay expressly assumes no responsibility for, without limitation, backing up Your Data or damage to Your Data. You are responsible for ensuring that you have any necessary backup of all Data and Documentation.
  - You must obtain or ensure You and/or Your employee, agent or contractor obtains the Owner's written consent with respect to the taking or recording of such Data or signature prior to using such Data or signature in the Software or otherwise for the Services.
4. Using the Data in the Services
  - You expressly consent and represent and warrant that Formbay may access, preserve, store, use, adapt, compile, disclose, share, transfer or deal (Sharing) with Your Data if required to do so by law or by any judicial or regulatory body, or when such Sharing is reasonably necessary in Formbay’s sole opinion to:
  - You represent and warrant that:
  - You expressly consent and represent and warrant that Formbay may Share such Data if, in Formbay’s sole opinion, the Sharing of such Data is necessary and/or would facilitate us providing the Services to You and/or Your representative with the following class of entities:
Security and audits
1. User name and password
  You must create a user name and password only for the Authorised Person to gain access to Your Account. You are responsible for the security of Your password, log-in or access details or other security measures. You are responsible for all activities that occur under Your user name. Where the correct user name and password are provided for the purpose of accessing or using the Software or the Services, Formbay is entitled to assume that the access is by You, or the Authorised Person and You indemnify Formbay completely against any claim of direct/indirect loss or damage, including trading losses, that results from wrongful, fraudulent or other access (using the correct user name or password) to the Software or the Services.
2. Security
  You must maintain the confidentiality of Your user name and password. You must not disclose any security measures to any other person and must keep those details confidential. To help ensure the security of Your password or Account, You must sign out from Your Account at the end of each session. You must promptly notify Formbay of any actual or suspected breach of security related to the Services, including, but not limited to, unauthorised use of Your password or Account.
3. Audits and investigations
  YFormbay is entitled to contact the Owners and Installers and to undertake relevant internal audits & inspections in order to verify that the installation of SGUs/SWHs has taken place with respect to identified STC Applications or STCs and You will be liable for any costs incurred in the event of any such audit/inspection/investigation carried out for any Potential Breaches. If,it is found that any installation of SGUs/SWHs with respect to identified STC Applications and/or STCs is a Defective Installation, or the STCs are Pre-Created STCs or :
  - You will fully indemnify Formbay for any direct/indirect loss, damage and/or general/special liability caused by You orabout any Defective Installations and/or invalid STCs;
  - Formbay may hold any Pending STCs, Created STCs and/or Uploaded STC Applications that are within Your Account and delay, vary and/or cancel any payment to you of any/all STC Amounts or other sums until the issue is resolved and may charge the Licence Fee for such STCs;
  - You grant Formbay a Security Interest and PMSI (which Formbay may register a Financing Statement on the PPSR) over any STC Amounts paid to you by Formbay in respect of such invalid STCs (however created by fraud, negligence or otherwise) including all STC Applications and future STC Amounts payable paid; and
  - Formbay may sell any other Pending STCs, Created STCs and/or Uploaded STC Applications in Your Account without further notice to You to set off or offset any losses, costs or expenses or other claims under these General Terms of Use.
Intellectual Property Rights
1. Ownership
  All intellectual property in and to the Software (including any Updates, development, modification, adaptation, enhancement or improvement of the Software) and all trademarks (registered and unregistered), service marks, logos, domain names, and other distinctive brand features used by Formbay in connection with the Software, the Website or the Services belong to Formbay. Apart from the permitted use under these General Terms of Use, You acquire no right, title or interest in or to Formbay’s intellectual property by virtue of these General Terms of Use. The Software is a web-based application and apart from accessing the Software on the Website, none of its source or object codes will be made available to You.
2. Infringement
  Without limiting any other provision of these General Terms of Use, if any of the Software infringes the intellectual property rights of any third party, Formbay may at its discretion, modify or re-work the Software so that such infringement is removed; procure the right for You to continue enjoying the benefit of the Software in accordance with these General Terms of Use; or terminate these General Terms of Use upon immediate written notice to you, in each case You agree that this will be Formbay’s sole liability to You to the extent permitted by law. In the event these General Terms of Use are terminated, You must nominate within thirty (30) days of termination, a REC-Registry Account to transfer all Pending STCs, Created STCs and/or Uploaded STC Applications in Your Account for which an Offered Price has not been selected.
3. Ownership/Security Interest
  - You represent and warrant that:
Disclosure of information and privacy
1. Confidentiality
  You must keep all information obtained from the Software or the Services in strict confidence, unless such information is available in the public domain (other than by unauthorised disclosure), or available to You from a third party who is authorised to disclose such information to You.
2. Permitted disclosure
  If disclosure of any information provided by You to Formbay, or by Formbay to You, is or may be required by law or regulatory authority, the party under the obligation must immediately notify the other party of that fact. If the other party objects to the disclosure on the basis that it is not required by law, the party must act in accordance with any reasonable written legal opinion provided to it by the other party, or the other party's legal advisors.
3. Privacy
  - Formbay’s Privacy Policy governs how it collects, uses, handles and discloses any personal information You provide or disclose to Formbay and forms part of these General Terms of Use. You should carefully read and review Formbay’s Privacy Policy in full before uploading or otherwise disclosing to Formbay any personal information.
  - You expressly consent to:
    - us disclosing personal information regarding PV system componentry to the third party service providers that validate the serial numbers of any PV system componentry (e.g. solar panels, inverters, batteries etc.);
    - us disclosing personal information regarding PV system componentry to the manufacturers of any PV system componentry (e.g. solar panels, inverters, batteries etc.) for the purposes of any warranty claim; and
    - a third-party service provider providing PV system componentry validation services to disclose your personal information to another service provider providing similar services and/or the CER in accordance with their own privacy policy.
  - Formbay and/or a company/trust directly/indirectly related to the directors of Formbay and/or a related party may register a Financing Statement securing their ownership of the intellectual property.
Representations, Warranties and indemnity
1. Your Representation & Warranty
  You represent and warrant to the best of Your knowledge that the materials, information and Data provided to Formbay for the purposes of using the Services:
  - are true, correct and current;
  - are able to be disclosed by You;
  - do not infringe the rights of any third party; and
  - are able to be legally provided to Formbay and their disclosure does not breach any law or any obligation (whether of confidence or otherwise) owed to any person.
  You further warrant that you have all necessary rights, power and authority to enter these General Terms of Use and to perform the acts required of You under these General Terms of Use.
2. Acknowledgement
  Subject to clause 9.1, You acknowledge and agree that:
  - You have not relied upon or been induced by any representation by Formbay and Formbay makes no warranty or representation as to the results that may be obtained through the Services or the Software and the accuracy, reliability or otherwise of any information obtained through the Services or the Software;
  - the Software and the Services are provided on an AS IS and AS AVAILABLE basis and You use the Services or the Software entirely at Your own risk; and
  - use of the Software or the Service may be subject to technical limitations such as network coverage and third-party service availability.
3. Indemnity
  You release and indemnify Formbay, its associated entities and their respective officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with You and whether at common law, in equity or pursuant to statute or otherwise, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether direct or consequential, including consequential financial loss and reputational) arising out of or in connection with:
  - a breach of Your warranties or obligations contained in these General Terms of Use;
  - any illegal or wrongful act by You or Your officers, contractors, employees or agents about the use of the Services or the Software;
  - the failure of Your contractors, employees, agents and Installers to use reasonable care in carrying out Your obligations under these General Terms of Use;
  - the use of the Services or the Software by You or on Your behalf; or
  - breach of intellectual property rights of third parties arising out of the use of the Data,
  and from and against all damages, reasonable costs and expenses incurred in satisfying, defending or settling any such claim, proceeding or demand.
Limitation of Liability
1. Non-excludable terms
  Nothing in these General Terms of Use excludes, restricts or modifies the application of any legislation which by law of any jurisdiction cannot be excluded, restricted or modified. Without limiting the foregoing, where You are considered a “consumer” within the meaning of the Australian Consumer Law (ACL), Formbay gives the guarantees to the extent required by the ACL (Consumer Guarantees) with respect to the Software and the Services.
2. No Express Warranty
  Subject to this clause 10 and in addition to (where applicable) any Consumer Guarantees and any other rights and remedies You may have under applicable law which cannot be excluded, to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied in or imposed on these General Terms of Use in connection with any goods or services supplied by Formbay or otherwise relating to the performance of Formbay’s obligations under these General Terms of Use, the Software or the performance of any goods or the Services, are excluded. Without limiting the foregoing, to the extent permitted by law, Formbay does not represent and/or warrant that:
  - Your use of the Software will not infringe the intellectual property rights of third parties;
  - the Software will be error and/or Malware free or that its use or availability will be uninterrupted, continuous or the Software will be accessible always;
  - the Software will operate in combination with other software or any equipment, or other system; or
  - the Software will provide any function other than as set out in the Documentation.
3. Limitation of Liability
  Without limiting the generality of this clause 10 and to the extent permitted by law, in the event, Formbay has any liability to You:
  - for any failure of performance, error, omission, interruption, deletion, defect, Malware or delay in transmission or operation;
  - for any injury, loss or damage;
  - for any reliance on the information or materials available via the Software (including Your Data); and/or
  - otherwise arising out of the provision of the Services,
  - whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; Your sole remedy is limited to payment of any STC Amount due and owing to You and You cancelling Your Account with Formbay.
4. Permissible Limitation on Non-Excluded Terms
  To the extent permitted by law, Formbay’s liability for any claim arising from a breach of any obligation or warranty under these General Terms of Use or any term, condition or guarantee implied or imposed by statute, which by law cannot be excluded (including any Consumer Guarantees), is limited, at the option of Formbay, to the re-supply the Software or the Services or where applicable, the payment of the cost of re-supplying the Software or the Services.
5. Consequential Loss
  To the fullest extent permissible at law, Formbay is not liable for any direct, 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 provision of or failure to provide the Services or the Software, or otherwise arising out of the Services using the Software, whether based on contract, tort (including negligence), strict liability or otherwise, even if Formbay has been advised of the possibility of damages.
6. Waiver
  A failure or delay by Formbay to exercise a power or right under these General Terms of Use does not operate as a waiver of that power or right, and the exercise of a power or right by Formbay does not preclude its future exercise or the exercise of any other power or right.
7. Limitation of Liability
  - A notice or other communication connected with these General Terms of Use (Notice) has no legal effect unless in writing and Your Contact Details are true, correct and valid.
  - In addition to any other method of service provided by law, the Notice may be sent to Your Contact Details as follows:
  - If the Notice is sent or delivered in a manner provided by clause 12.2, it must be treated as given to and received by the party to which it is addressed:
  - If a Notice is served by a method that is provided by law but is not provided by clause 12.2, and the service takes place after 5 pm on a Business Day, or on a day that is not a Business Day, it must be treated as taking place on the next Business Day.
  - A Notice sent or delivered in a manner provided by clause 12.2 must be treated as validly given to and received by the party to which it is addressed even if:
  - A party may change its address for service by giving Notice of that change to each other party.
  - You indemnify Formbay for any Notice is issued by You and/or Formbay but fails to be received by either party if Your Contact Details are not true, correct and/or valid.
8. Dispute Resolution
  All questions or disputes by You relating to the Services including these General Terms of Use should be communicated by You to Formbay in writing. The parties’ CEOs (or other nominated persons with authority to resolve the dispute) shall meet or discuss by phone/email the dispute within 14 Business Days of the date of the written notification of the dispute, (unless provided for otherwise in these General Terms of Use). If the dispute is not resolved by the parties within 28 Business Days of the date of the written notification of dispute, then either party may only seek further redress in the Courts of NSW.
9. Force Majeure
  If the performance of this agreement or any obligations under this agreement, except the making of required payments, is prevented, restricted, or interfered with because of a Force Majeure event, the affected party, upon giving prompt notice to the other party, is excused from such performance to the extent of such prevention, restriction, or interference. The affected party must use its best efforts to avoid or remove the Force Majeure event or to limit the impact of the event on its performance and must continue performance with the utmost dispatch when the Force Majeure event is removed.
10. Amendments
  - Formbay may vary these General Terms of Use at any time by general notice on a page of the internet referred to on the home page of the Website. Any variation of these General Terms of Use will take effect on the date specified on the notice. If You do not wish to accept the amendments, please notify us before the date the amendments take effect and Formbay will terminate Your Account. If You continue to use or access the Software or the Services after the amendments come into effect, You will be deemed to have accepted the amendments.
  - These General Terms of Use constitute the entire agreement with respect to its subject matter in its entirety and supersede prior agreements.
Governing Law
The law in New South Wales governs these General Terms of Use and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
Security Interest
1. You grant to Formbay a Security Interest over all Pending STCs, Created STCs and/or STC Applications in Your Account and any debts and/or monies owing by You to Formbay (e.g. monies paid to You in respect of any Pending STCs and/or Created STCs where such Pending STCs and/or Created STCs have been failed by the CER/Formbay and/or were created as a result of a Potential Breach and/or are Pre-Created STCs and/or Licence Fee) and acknowledge that Formbay may register a Financing Statement on the PPSR to protect such interest.
2. You grant to Formbay a PMSI in respect of any Pending STCs and/or Submitted STC Applications and any debts and/or monies owing by You to Formbay (e.g. monies paid to You in respect of any Pending STCs and/or Created STCs where such Pending STCs and/or Created STCs have been failed by the CER/Formbay and/or were created as a result of a Potential Breach and/or Pre-Created STCs and/or Licence Fee) and acknowledge that Formbay may register a Financing Statement on the PPSR to protect such interest.
Formbay Communication & Inspection of Owners/Users Installation
1. You acknowledge that:
  - Formbay may, at its sole discretion, telephone, email, or write to the Owner or user of the SGU/SWH designed and/or installed by You (or your agents/contractors/employees);
  - Formbay may, at its sole discretion, inspect the Installation Address;
  - You indemnify Formbay for any direct/indirect losses and/or damages claimed against Formbay due to any Defective Installations installed by You (or your agents/contractors/employees) at an Installation Address; and
  - Formbay may set off any direct/indirect losses and/or damages claimed against Formbay in accordance with this clause against any future STC Amounts payable to You.
Cash for Stock Option
1. If You have entered an agreement with a wholesaler/distributor/financier approved by Formbay (Approved Formbay Partner) for the supply of solar photovoltaic panels, batteries and any other ancillary equipment (Stock) required by You to sell and/or install such Stock with payment for such Stock to be made from the STC Amounts under these General Terms of Use, then You represent and warrant to Formbay the following:
  - You direct Formbay in writing to pay the Approved Formbay Partner on Your behalf any STC Amounts from the relevant Uploaded STC Application for the Stock subject to such arrangement with the Approved Formbay Partner;
  - Formbay will pay the Approved Formbay Partner the relevant STC Amount rather than pay You such STC Amounts;
  - You must pay Formbay the Licence Fee before Formbay pays the Approved Formbay Partner; and
  - You must account for any GST payable in respect of the Stock and/or STCs.
2. You remain bound by these General Terms of Use and the App Terms of Use.
3. You will procure the approval of the Approved Formbay Partner for Formbay to be granted, hold and register a Security Interest and/or PMSI over any STC Amounts and/or Licence Fees paid to the Approved Formbay Partner resulting from a Potential Breach and/or Defective Installations and/or Pre-Created STCs.
4. You indemnify Formbay for any loss, damage and or liability whatsoever in respect of any liability incurred by Formbay in relation to the above transaction.
Running Account & Set-Off
1. You represent and warrant that any indebtedness owed by You to Formbay under these General Terms of Use (e.g. Formbay has paid you the STC Amount for any Pending STCs and/or Created STCs and such Pending STCs and/or Created STCs have been failed by the CER/Formbay; and/or are Pre-Created STCs; and/or result from a Potential Breach and/or actual breach) may be satisfied, at any time and without notice to You and to the fullest extent permitted by law, by means of the cancellation of Your indebtedness to Formbay by Formbay offsetting and being reimbursed such indebtedness from any other existing and/or future valid STC Applications Submitted by You to Formbay and any STC Amounts owed to You.
2. You represent and warrant that Formbay may at any time and without notice to You and to the full fullest extent permitted by law set-off and apply any and all STCs, STC Applications and/or STC Amounts (including Licence Fees) held at the time by Formbay and any and all other indebtedness at any time owed by Formbay to You against any indebtedness (whether such indebtedness arises before and/or after any administration, insolvency and/or receivership crystallising resulting from dealings before such proceedings commence) owed by You to Formbay irrespective of whether or not Formbay shall have made any demand under these General Terms of Use or App General Terms of Use or Enterprise Terms of Use or other relevant transaction documents.
Grid Connection Application
1. You and the Owners:
  - Consent to us collecting and submitting all required Data (including your login details with the Network Service Provider) to lodge the Owners’ grid connection application with their Network Service Provider; and
  - If you and/or the Owners do not “opt out”, you and the Owners are deemed to have granted us express consent to provide this service and you and the Owners will indemnify us against any direct/indirect loss, damage, claim suffered by you and or us in providing such service; and
  - We will provide you a receipt following the successful lodgement of the grid connection application; and
  - Acknowledge that the Network Service Provider may request we cease this service at any time and that we will not be liable to you and/or the Owners in such instances for any damage/loss suffered by your and/or the Owners if such event occurs.
2. You and the Owners may not grant us consent to perform such service by “opting-out” by clicking the “opt-out” button when you create an STC Application.
Term and Termination
1. Your Formbay account will be active from the date You register your Formbay Trading account and will remain active until terminated by either party.
2. Formbay will store any data provided to Formbay securely for a minimum period of 7 years.
3. Termination by You: You may terminate this Agreement with immediate effect at any time for convenience by emailing Us with written notice of termination to: support@formbay.com.au.
  - Termination by Us: Formbay reserves the right to terminate your access to its service under the following conditions:
    - Prohibited acts as described under the Schedule at the end of these General Terms of Use
    - Using abusive or threatening language with Formbay staff
    - Knowingly and deliberately submitting falsified/forged documentation for the purpose of processing STC applications.
    - Breach of any of the other terms and conditions described in these General Terms of use.
4. Consequences of termination. Upon termination of this Agreement for any reason:
  - Formbay will ensure any outstanding funds relating to approved STC trades are paid out to You (less service fees), OR
  - Formbay will recoup their financial losses by withholding outstanding funds if You have any failed or forfeited STC applications that were previously paid out to you
5. Formbay may, upon request:
  - Reactivate Your account at Your written request if you need to access any installation data such as photos and signed agreements or wish to resume the use of Our product
  - Formbay may provide limited access to your account if your termination was initiated by Us due to any of the reasons outlined in Section 17.3.a
  Notwithstanding the above, You will continue to be subject to the terms and conditions of this agreement indefinitely.
Schedule - Prohibited Acts
1. Prohibited Acts
2. Spam

Formbay Trading Pty Ltd – Privacy Policy

Last updated: 16 September 2024

Formbay Trading Pty Ltd (ABN 31 146 464 995) (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or collected by us, when interacting with you.

This Privacy Policy takes into account the requirements of the Privacy Act 1988 (Cth). In addition to the Australian laws, individuals located in the European Union or European Economic Area (EU) may also have rights under the General Data Protection Regulation 2016/679 and individuals located in the United Kingdom (UK) may have rights under the General Data Protection Regulation (EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018) (together, the GDPR). Appendix 1 outlines the details of the additional rights of individuals located in the EU and UK as well as information on how we process the personal information of individuals located in the EU and UK.

This Privacy Policy was last updated on 19 April 2024.

The information we collect

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

The types of personal information we may collect about you include:

Identity Data including your name, age, profession, photographic identification, and gender.
Contact Data including your telephone number, address and email.
Financial Data including bank account and payment card details (where applicable), through our third party payment processor, who stores such information and we do not have access to that information).
Background Verification Data including your government-issued identification details, director identification number, or relevant licence numbers requested as part of our verification process to comply with our due diligence obligations, anti-money laundering laws and related ongoing monitoring commitments.
Location Services Data including your precise or approximate location. We collect this information when you do business with us, including when our mobile application is being used or where an installation is completed on your premises. If you do not want us to use your location for the purposes above, you should turn off the location services in your mobile phone settings. If you do not provide geolocation data to us, it may affect our ability to do business with you.
Installation Data including details about any system or equipment installed at your premises, and information relating to the monitoring and inspection of such installations.
Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.
Technical and Usage Data when you access any of our websites or platforms, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies), and communications with our website.
Profile Data including your username and password for Formbay, profile picture, applications you’ve logged, and support requests you have made.
Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events.
Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.
Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. In the course of doing business with you, we may collect, or come across such sensitive information in different situations, including collecting biometric data including where we collect a photo of your face for anti-fraud purposes.

How we collect personal information

We collect personal information in a variety of ways, including:

when you provide it directly to us, including face-to-face, over the phone, over email, or online;
when you complete a form, such as registering for any events or newsletters, or responding to surveys;
when you use any website we operate (including from any analytics and cookie providers or marketing providers. See the “Cookies” section below for more detail on the use of cookies);
from third parties; or
from publicly available sources.

Why we collect, hold, use and disclose personal information

We have set out below, in a table format, a description of the purposes for which we plan to collect, hold, use and disclose your personal information.

Purpose of use / disclosure	Type of Personal Information
To enable you to access and use our software, including to provide you with a login.	Identity Data Contact Data
To assess whether to verify you as a new user, including to perform anti-money laundering, fraud and other background checks on you.	Identity Data Contact Data Background Verification Data
To inspect and monitor the system installed at your premises to ensure it is operational and producing power	Identity Data Location Services Data
To do business with you, including to manage and assess the STC applications you log using our platform.	Identity Data Contact Data
To provide our services to you, including to monitor the progress of an installation, to verify the execution of forms on the platform, to prevent and detect fraud and as permitted by law.	Location Services Data
To contact and communicate with you about our business, including in response to any support requests you lodge with us or other enquiries you make with us.	Identity Data Contact Data Profile Data
To contact and communicate with you about any enquiries you make with us via any website we operate.	Identity Data Contact Data
For internal record keeping, administrative, invoicing and billing purposes.	Identity Data Contact Data Financial Data Transaction Data
For analytics, market research and business development, including to operate and improve our business, associated applications and associated social media platforms.	Profile Data Technical and Usage Data
For advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you.	Identity Data Contact Data Technical and Usage Data Profile Data Marketing and Communications Data
To run promotions, competitions and/or offer additional benefits to you.	Identity Data Contact Data Profile Data Interaction Data Marketing and Communications Data
If you have applied for employment with us, to consider your employment application.	Identity Data Contact Data Professional Data
To comply with our legal obligations or if otherwise required or authorised by law.	Any relevant Personal Information
Sensitive information: We only collect, hold, use and disclose sensitive information for the following purposes: any purposes you consent to; the primary purpose for which it is collected, the creation and validation of environmental certificates, including small-scale technology certificates (STCs); secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the below listed third parties as reasonably necessary to do business with you; to contact emergency services, or to speak with your family, partner or support person where we reasonably believe there is a serious risk to the life, health or safety of you or another person and it is impracticable for us to obtain your consent; and if otherwise required or authorised by law.	Sensitive Information

Our disclosures of personal information to third parties

Personal information: We may disclose personal information to:

our employees, contractors and/or related entities;
IT service providers, data storage, web-hosting and server providers;
marketing or advertising providers;
professional advisors, bankers, auditors, our insurers and insurance brokers;
payment systems operators or processors;
our existing or potential agents or business partners;
sponsors or promoters of any promotions or competition we run;
if we merge with, or are acquired by, another company, or sell all or a portion of our assets, your personal information may be disclosed to our advisers and any prospective purchaser’s advisers and may be among the assets transferred;
courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
third parties to collect and process data, such as analytics providers and cookies; and
any other third parties as required or permitted by law, such as where we receive a subpoena.

Google Analytics: We have enabled Google Analytics Advertising Features. We and third-party vendors may use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together. These cookies and identifiers may collect Technical and Usage Data about you.

You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here. To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.

To find out how Google uses data when you use third party websites or applications, please see here.

Overseas disclosure

We store your personal information in Australia. Where we disclose your personal information to our employees or third parties, those parties may store, transfer or access personal information outside of Australia, including but not limited to, India, Germany and Sweden. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to do business with you.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

Cookies

We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.

Analytical/performance cookies. These are cookies that allow us to recognise and count the number of visitors to our online Services and to see how visitors move around our website when they are using them. This helps us to improve the way our website work, for example, by ensuring that users find what they are looking for easily.

Functionality cookies. These are used to recognise you when you return to our website. These cookies enable us to personalise our content for you and remember your preferences (for example, your choice of language or region).

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Cookie	Purpose
Currency	This cookie stores the currency used for the website (AUD)
Language	This cookie stores the language used for the website (English)
PHPSESSIONID	This cookie contains a unique ID to support functions (for example last viewed products) to improve user experience
newsbcsub	This cookie is stored once the user has completed or closed the Register Pop Up, preventing it from re-appearing until after 7 days
TLSCookiesEU	This cookie tracks when a user has accepted that the website use cookies preventing the popup from being displayed again during that session
_ga / _gid / _gat	These cookies are used by our Google Analytics account to track customer traffic through the website to help us understand how our website is being used by our customers

Links to other websites

Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact us at:

Formbay Trading Pty Ltd (ABN 31 146 464 995)

Email: support@formbay.com.au