Effective Date: January 1, 2020
These User Terms of Service (the “User Terms”) govern your access and use of our online health service productivity tools and platform (the “Services”). Please read them carefully. Even though you may be signing onto an existing Community, these User Terms apply to you as an individual user of the Services. We are grateful you’re here.
Welcome to Riberry!
Thank you for taking the time to read through these User Terms. It’s important for you to know what you expect from us when signing up to our service.
These User Terms are a legally binding contract between you and us. As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these User Terms. If you access or use the Services or continue accessing or using the Services after being notified of a change to the User Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the User Terms and the Acceptable Use Policy. “We”, “our” and “us” currently refers to Riberry in the Contract (defined below).
Customer’s Choices and Instructions
You are an Authorized User of the Riberry platform and may be invited to join a community controlled by a “Customer”. An organization or other third party, referred to in these User Terms as a “Customer”, has invited you to a Community (i.e., a space where a group of users may access the Services). If you are joining one of your employer’s Communities on Riberry, for example, the Customer is your employer. If you are joining a Community created by your friend using her personal email address to work on her new start-up idea, she is our Customer and she is authorizing you to join her Community.
What This Means for You—and for Us
The Customer has separately agreed to our Customer Terms of Service or entered into a written agreement with us (in either case, the “Contract”) that permitted the Customer to configure a Community so that you and others could join (each invitee granted access to the Services, including you, is an “Authorized User”). The Contract contains our commitment to deliver the Services to Customer, who may then invite Authorized Users to join its Community. When an Authorized User (including, you) submits content or information to the Services, such as observations or files (“Customer Data”), you acknowledge and agree that the Customer Data is owned by Customer and the Contract provides Customer with many choices and control over that Customer Data. For example, Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, de-duplication, retention and export of data, transfer or assign the Community,or consolidate your Community with other Riberry Communities, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data.
The Relationship Between You, Customer and Us
These User Terms of Service define the relationship between you and Riberry. All references to “Riberry”, “we”, us”, and “our”, we are referring to Riberry Technologies Pty Ltd. By joining a community or organisation, you will be entering into a relationship with that creator or owner of the community known as the “Customer”. It is the customer’s responsibility to inform you and of any relevant customer policies, practices, terms, or conditions that impact you or your data and to ensure that the transfer and processing of customer data is lawful.
What we require of you
You are permitted to use Riberry services if you agree to follow the rules below:
You Must be Over the Legal Age
To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the age of sixteen and are the intended recipient of Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.
Comply with our Acceptable Use Policy
To help ensure a safe and productive work environment, all Authorized Users must comply with our Acceptable Use Policy. If you see inappropriate behaviour or content, please report it to Riberry and your employer as appropriate.
Terminating your account and access to Riberry
These User Terms remain effective until you close your account. Please contact Riberry if you, at any time or for any reason, wish to terminate your account, including due to a disagreement with any update to these User Terms or any of our other policies.
Limitation of Liability
If we believe that there is a violation of the Contract, User Terms, the Acceptable Use Policy, or any of our other policies that can simply be remedied by removal of certain User Data or taking other action, we will, in most cases, ask the User or Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if the User does not take appropriate action or we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties.
In no event will you or we have any liability to the other for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. Unless you are also a customer (and without limitation to our rights and remedies under the contract), you will have no financial liability to us for a breach of these user terms. Our maximum aggregate liability to you for any breach of the user terms is one hundred dollars ($100) in the aggregate. The foregoing disclaimers will not apply to the extent prohibited by applicable law and do not limit either party’s right to seek and obtain equitable relief.
Application of Consumer Law
Riberry is a health service productivity tool intended for use by hospitals and other healthcare related organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws (e.g., in Australia, the Competition and Consumer Act 2010 (Cth)) do apply and cannot otherwise be lawfully excluded, nothing in these User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription covering the remainder of the term.
Survival
The sections titled “The Relationship Between You, Customer, and Us,” “Limitation of Liability,” and “Survival,” and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the User Terms.
General Provisions
Email and Riberry Messages
Except as otherwise set forth herein, all notices under the User Terms will be by email, although we may instead choose to provide notice to Authorized Users through the Services (e.g. a Riberry.Health notification). Notices to Riberry should be sent to feedback@riberry.io, except for legal notices, which must be sent to legal@riberry.io. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services. Notices under the Contract will be delivered solely to Customer in accordance with the terms of that agreement.
Privacy Policy
Please review our Privacy Policy section for more information on how we collect and use data relating to the use and performance of our products.
Modifications
As our business evolves, we may change these User Terms or the Acceptable Use Policy. If we make a material change to the User Terms or the Acceptable Use Policy, we will aim to provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the User Terms at any time by visiting this page, and by visiting the following for the most current versions of the other pages that are referenced in these User Terms: Acceptable Use Policy and Privacy Policy. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.
Waiver
No failure or delay by either party in exercising any right under the User Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
Severability
The User Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.
Assignment
You may not assign any of your rights or delegate your obligations under these User Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all our assets.
Settling disputes and governing law
For information about how to contact Riberry, please see the Contacting Riberry section below.
Victorian law will govern all disputes arising out of or relating to these terms, service-specific additional terms, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Melbourne, Victoria, Australia, and you and Riberry consent to personal jurisdiction in those courts.
To the extent that applicable local law prevents certain disputes from being resolved in a Victorian court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying Victorian law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, region or other place of residence.
Prior to commencing any arbitration proceeding between the Parties, the Parties will attempt in good faith to resolve through negotiation any dispute, claim, or controversy arising out of or relating to the Contract. Either Party may initiate such negotiations by providing written notice to the other Party specifying that this provision of the Contract is being utilized and setting forth the subject of the dispute and relief requested. The Party receiving such notice will respond in writing within ten (10) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each Party with full settlement authority shall meet in person or virtually at a mutually agreeable time and place or method within twenty (20) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt in good faith to resolve the dispute.
If the Parties are unable to resolve a dispute through the process set forth above, the dispute shall be settled by Arbitration.
A recognized Arbitration centre for dispute resolution located in the applicable venue above will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Contract or its formation, interpretation, or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. All fees required to commence the arbitration are to be borne by the plaintiff. In any action or proceeding to enforce rights under the Contract, any award up to $20,000 including attorney’s fees shall be final, binding, and non-appealable in all territories (e.g., including the State of Victoria).
Entire Agreement
The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail, followed by the provisions in these User Terms, and then followed by the pages referenced in these User Terms (e.g., the Privacy Policy). Customer will be responsible for notifying Authorized Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.
Effective Date: January 1, 2020
This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct for our Services. If we believe a violation of the policy is deliberate, repeated or presents a credible risk of harm to other users, our customers, the Services or any third parties, we may suspend or terminate your access. As Riberry continues to grow and evolve, this policy may undergo changes in which case we would notify all users either by email, via a web notification or another means however we advise users to This policy may change as Riberry grows and evolves, so please check back regularly for any updates and or changes. Capitalized terms used below but not defined in this policy have the meaning set forth in the User Terms of Service.
Do:
- comply with all User Terms of Service, including the terms of this Acceptable Use Policy;
- comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies, including, but not limited to, any rules of any national and other securities exchanges;
- upload and disseminate only Customer Data to which Customer owns all required rights under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and do so only consistent with applicable law;
- use commercially reasonable efforts to prevent unauthorized access to or use of the Services;
- keep passwords and all other login information confidential;
- monitor and control all activity conducted through your account in connection with the Services;
- promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your accounts or teams, including any loss, theft, or unauthorized disclosure or use of a username, password, or account; and
- comply in all respects with all applicable terms of the third party applications, including any that Customer elects to integrate with the Services that you access or subscribe to in connection with the Services.
Do not:
- permit any third party that is not an Authorized User to access or use a username or password for the Services;
- undermine the security or integrity of our computing systems or networks.
- use our services in any way that might impair functionality or interfere with other people’s use.
- access any system without permission.
- introduce or upload anything to our services that includes viruses or other malicious code.
- share anything that may be offensive, violates any law, or infringes on the rights of others.
- modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
- resell, lease or provide our services in any way not expressly permitted through our services.
- repackage, resell, or sublicense any leads or data accessed through our services in any way not expressly permitted our customer policy.
- commit fraud or other illegal acts through our services.
- use contact or other user information obtained from the Services (including email addresses) to contact Authorized Users outside of the Services without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for Authorized Users for use outside of the Services; or
- authorize, permit, enable, induce or encourage any third party to do any of the above.
Effective Date: January 1, 2020
This Privacy Policy describes how Riberry collects, uses and discloses information, and what choices you have with respect to the information.
Updates in this version of the Privacy Policy reflect changes in data protection law. In addition, we have worked to make the Privacy Policy clearer and more understandable by:
- organizing it into the sections below
- providing a series of examples that help illustrate how the policies may be implemented by Riberry and
- defining and capitalizing a few terms that are used more than once for simplicity and brevity.
Applicability Of This Privacy Policy
This Privacy Policy applies to Riberry’s online workplace productivity tools and platform, including the associated Riberry mobile and desktop applications (collectively, the “Services”), Riberry.health and other Riberry websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with Riberry. If you do not agree with the terms, do not access or use the Services, Websites or any other aspect of Riberry’s business.
This Privacy Policy does not apply to any third party applications or software that integrate with the Services through the Riberry platform (“Third Party Services”), or any other third party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Services (the “Customer Agreement”), including the processing of any messages, files or other content submitted through Services accounts (collectively, “Customer Data”). The organization (e.g., your employer or another entity or person) that entered into the Customer Agreement (“Customer”) controls their instance of the Services (their “Community”) and any associated Customer Data. If you have any questions about specific Community settings and privacy practices, please contact the Customer whose Community you use. If you have received an invitation to join a Community but have not yet created an account, you should request assistance from the Customer that sent the invitation.
Information We Collect And Receive
Riberry may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:
- Customer Data. Customers or individuals granted access to a Community by a User (“Authorized Users”) may submit Customer Data to Riberry when using the Services.
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Other Information. Riberry also collects, generates and/or receives
Other Information
- Community and Account Information. To create or update a Community account, you or your Customer (e.g., your employer) supply Riberry with an email address, phone number, password, domain and/or similar account details. In addition, Customers that purchase a paid version of the Services may provide Riberry (or its payment processors) with billing details such as credit card information, banking information and/or a billing address.
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Usage Information:
- Services Metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, Riberry logs the Communities, channels, people, features, content and links you interact with, the types of files shared and what Third Party Services are used (if any).
- Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.
- Device information. Riberry collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
- Location information. We receive information from you, your Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. Riberry may also collect location information from devices in accordance with the consent process provided by your device.
- Cookie Information. Riberry uses cookies and similar technologies in our Websites and Services that help us collect Other Information. The Websites and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Services and across other websites and online services. For more details about how we use these technologies, please see our Cookie Policy.
- Third Party Services. Customer can choose to permit or restrict Third Party Services for their Community. Typically, Third Party Services are software that integrate with our Services, and Customer can permit its Authorized Users to enable and disable these integrations for their Community. Once enabled, the provider of a Third Party Service may share certain information with Riberry. For example, if a cloud storage application is enabled to permit files to be imported to a Community, we may receive user name and email address of Authorized Users, along with additional information that the application has elected to make available to Riberry to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to Riberry. When a Third Party Service is enabled, Riberry is authorized to connect and access Other Information made available to Riberry in accordance with our agreement with the Third Party Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services.
- Contact Information. In accordance with the consent process provided by your device, any contact information that an Authorized User chooses to import (such as an address book from a device) is collected when using the Services.
- Third Party Data. Riberry may receive data about organizations, industries, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.
- Additional Information Provided to Riberry. We receive Other Information when submitted to our Websites or if you participate in a focus group, contest, activity or event, apply for a job, request support, interact with our social media accounts or otherwise communicate with Riberry.
Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Community setup details, is not provided, we may be unable to provide the Services.
How We Use Information
Customer Data will be used by Riberry in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Riberry is a processor of Customer Data and Customer is the controller. Customer may, for example, use the Services to grant and remove access to a Community, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services.
Riberry uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, Riberry uses Other Information:
- To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyse and monitor usage, trends and other activities or at an Authorized User’s request.
- As required by applicable law, legal process or regulation.
- To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond.
- To develop and provide search, learning and productivity tools and additional features. Riberry tries to make the Services as useful as possible for specific Communities and Authorized Users. For example, we may improve search functionality by using Other Information to help determine and rank the relevance of content, channels or expertise to an Authorized User, make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Services experience or create new productivity features and products.
- To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about Riberry. These are marketing messages so you can control whether you receive them.
- For billing, account management and other administrative matters. Riberry may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.
- To investigate and help prevent security issues and abuse.
If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, Riberry may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.”
Data Retention
Riberry will retain Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Depending on the Services plan, Customer may be able to customize its retention settings and apply those customized settings at the Community level, channel level or other level. Customer may also apply different settings to messages, files or other types of Customer Data. The deletion of Customer Data and other use of the Services by Customer may result in the deletion and/or de-identification of certain associated Other Information. For more detail, please contact support from the Customer or via your Communities. Riberry may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Other Information after you have deactivated your account for the period of time needed for Riberry to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.
How We Share and Disclose Information
This section describes how Riberry may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and Riberry does not control how they or any other third parties choose to share or disclose Information.
- Customer’s Instructions. Riberry will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process.
- Displaying the Services. When an Authorized User submits Other Information, it may be displayed to other Authorized Users in the same or connected communities. For example, an Authorized User’s email address may be displayed with their Community profile.
- Collaborating with Others. The Services provide different ways for Authorized Users working in independent communities to collaborate, such as shared communities and groups. Other Information, such as an Authorized User’s profile Information, may be shared, subject to the policies and practices of the other Community(s).
- Customer Access. Owners, administrators, Authorized Users and other Customer representatives and personnel may be able to access, modify or restrict access to Other Information. This may include, for example, your employer using Service features to export logs of Community activity, or accessing or modifying your profile details.
- Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services. Additional information about the subprocessors we use to support delivery of our Services is set forth at Riberry Subprocessors.
- Third Party Services. Customer may enable or permit Authorized Users to enable Third Party Services. When enabled, Riberry may share Other Information with Third Party Services. Third Party Services are not owned or controlled by Riberry and third parties that have been granted access to Other Information may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions.
- Corporate Affiliates. Riberry may share Other Information with its corporate affiliates, parents and/or subsidiaries.
- During a Change to Riberry’s Business. If Riberry engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Riberry’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.
- Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective Riberry customer the average amount of time spent within a typical Community.
- To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process. Please see the Data Request Policy to understand how Riberry responds to requests to disclose data from government agencies and other sources.
- To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property or safety of Riberry or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
- With Consent. Riberry may share Other Information with third parties when we have consent to do so.
Security
Riberry takes security of data very seriously. Riberry works hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology. To learn more about current practices and policies regarding security and confidentiality of the Services, please contact us. Given the nature of communications and information processing technology, Riberry cannot guarantee that Information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others.
Age Limitations and Personal Data
To the extent prohibited by applicable law, Riberry does not allow use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.
Changes To This Privacy Policy
Riberry may change this Privacy Policy from time to time. Laws, regulations and industry standards evolve, which may make those changes necessary, or we may make changes to our business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, Riberry will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account by contacting Riberry
Internation Data Transfers Contractual Terms
Riberry may transfer your Personal Data to countries other than the one in which you live. We deploy the following safeguards if Riberry transfers Personal Data originating from the European Union or Switzerland to other countries not deemed adequate under applicable data protection law:
- European Union Model Clauses. Riberry offers European Union Model Clauses, also known as Standard Contractual Clauses, to meet the adequacy and security requirements for our Customers that operate in the European Union, and other international transfers of Customer Data. Contact us for a copy of our standard data processing addendum, incorporating Model Clauses.
Identifying The Data Controller and Processor
To communicate with our Data Protection Officer, please email security@riberry.io.
Your Rights
Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. Please contact Riberry for more information.
To the extent that Riberry’s processing of your Personal Data is subject to the General Data Protection Regulation, Riberry relies on its legitimate interests, described above, to process your data. Riberry may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Riberry’s use of your Personal Data for this purpose at any time.
Data Protection Authority
Subject to applicable law, you also have the right to (i) restrict Riberry’s use of Other Information that constitutes your Personal Data and (ii) lodge a complaint with your local data protection authority or the Office of the Australian Information Commissioner., which is Riberry’s lead supervisory authority in Australia.
Office of the Australian Information Commissioner Phone
Enquiries: 1300 363 992
Post: GPO Box 5218 Sydney NSW 2001
Effective Date: January 1, 2020
This Data Request Policy outlines Riberry’s policies and procedures for responding to request from individuals, organisations and government agencies to provide data outside of ordinary operation and provision of the service. Any capitalized terms used in this Data Request Policy that are not defined will have the meaning set forth in the Customer Terms of Service. In the event of any inconsistency between the provisions of this Data Request Policy and the Customer Terms of Service or written agreement with Customer, as the case may be, the Customer Terms of Service or written agreement will control.
Requests for Customer Data by Individuals
Third parties seeking access to Customer Data should contact the Customer regarding such requests. The Customer controls the Customer Data and generally gets to decide what to do with all Customer Data.
Requests for Customer Data by Legal Authority
Except as expressly permitted by the Contract or in cases of emergency to avoid death or physical harm to individuals, Riberry will only disclose Customer Data in response to valid and binding compulsory legal process. Riberry requires a search warrant issued by a court of competent jurisdiction (a federal court or a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants) to disclose Customer Data.
All requests by courts, government agencies, or parties involved in litigation for Customer Data disclosures should be sent to legal@riberry.io and include the following information: (a) the requesting party, (b) the relevant criminal or civil matter, and (c) a description of the specific Customer Data being requested, including the relevant Customer’s name and relevant Authorized User’s name (if applicable), and type of data sought.
Requests should be prepared and served in accordance with applicable law. All requests should be narrow and focused on the specific Customer Data sought. All requests will be construed narrowly by Riberry, so please do not submit unnecessarily broad requests. If legally permitted, Customer will be responsible for any costs arising from Riberry’s response to such requests.
Riberry is committed to the importance of trust and transparency for the benefit of our Customers and does not voluntarily provide governments with access to any data about users for surveillance purposes.
Customer Notice
Riberry will notify Customer before disclosing any of Customer’s Customer Data so that the Customer may seek protection from such disclosure, unless Riberry is prohibited from doing so or there is a clear indication of illegal conduct or risk of harm to people or property associated with the use of such Customer Data. If Riberry is legally prohibited from notifying Customer prior to disclosure, Riberry will take reasonable steps to notify Customer of the demand after the nondisclosure requirement expires.
Domestication and International Requests
Riberry requires that any individual issuing legal process or legal information requests (e.g., discovery requests, warrants, or subpoenas) to Riberry properly domesticate the process or request and serve Riberry in a jurisdiction where it is resident or has a registered agent to accept service on its behalf. Riberry does not accept legal process or requests directly from law enforcement entities outside Australia, the U.S., and Canada. Foreign law enforcement agencies should proceed through a Mutual Legal Assistance Treaty or other diplomatic or legal means to obtain data through a court where Riberry is located.
Effective Date: January 1, 2020
To support delivery of our Services, Riberry Technologies, Inc. (or one of its Affiliates listed below) may engage and use data processors with access to certain Customer Data (each, a "Subprocessor"). This page provides important information about the identity, location and role of each Subprocessor. Terms used on this page but not defined have the meaning set forth in the Customer Terms of Service or superseding written agreement between Customer and Riberry (the "Agreement").
Third Parties
Riberry currently uses third party Subprocessors to provide infrastructure services, and to help us provide customer support and email notifications. Prior to engaging any third party Subprocessor, Riberry performs diligence to evaluate their privacy, security and confidentiality practices, and executes an agreement implementing its applicable obligations.
Infrastructure Subprocessors
Riberry may use the following Subprocessors to host Customer Data or provide other infrastructure that helps with delivery of our Services:
| Entity Name | Subprocessing Activies | Entity Country |
|---|---|---|
| Microsoft | Azure Cloud Service Provider | United States |
| Microsoft | Azure Cloud Service Provider | Australia |
Other Subprocessors
Riberry may use the following Subprocessors to perform other Service functions:
| Entity Name | Subprocessing Activies | Entity Country |
|---|---|---|
| Wistia | Cloud-based video services | United States |
| Vimeo | Cloud-based video services | United States |
| Freshdesk | Cloud-based Customer Support Services | United States |
| Twilio / SendGrid | Communications technology provider | United States |
Riberry Affiliates
Depending on the geographic location of a Customer or their Authorized Users, and the nature of the Services provided, Riberry may also engage one or more of its Affiliates as Subprocessors to deliver some or all of the Services provided to a Customer.
Updates
As our business grows and evolves, the Subprocessors we engage may also change. We will endeavour to provide the owner of Customer’s account with notice of any new Subprocessors to the extent required under the Agreement, along with posting such updates here. Please check back frequently for updates.
If you have any questions about Riberry’s User Terms of Service, Acceptable Use Policy, or Privacy Policy, please feel free to contact us at legals@riberry.io