• About Gemba360

Gemba360 Pty Ltd (ABN 91 140 968 583) (Gemba360) is a wholly owned subsidiary of the incorporated legal practice Kaizen Synergy Pty Ltd (ABN 40 131 059 991) (Kaizen Synergy).  Kaizen Synergy is a registered incorporated legal practice that provides Business Platform Services. 

Parties

Kaizen Synergy Law Firm, ABN 40 131 059 991 of Suite 11 974 Main Road Eltham VIC 3095 (Gemba360)

AND

My Agency is the Company using Gemba360 Platform and Services.

General Information

• Kaizen Synergy is a registered incorporated legal practice that also provides Essential IT Infrastructure Services.  It is registered with the Victorian Legal Services Board. 
• My Agency is the Company using Gemba360 Platform and Services.
• This is a Non-Exclusive Arrangement between the Parties.
• Gemba360 is also a member of the Joint Cyber Security Centres and under a Deed with the Signals Directorate of the Australian Government.
• Gemba360 builds and operates Essential Information and Communication Technologies including platforms and services that enable companies and the people that are connected to them to connect with each other, run their businesses, build communities and grow their businesses.
• This Agreement governs the use of Gemba360 and the products, features, apps, services, technologies and software that we offer (Gemba360 Products orProducts), except where we expressly state that separate terms (and not these) apply. These Products are provided to My Agency Personnel by Gemba360 services.
• We may charge a licence fee to use Gemba360 and the other products and services covered by these Terms.  We don’t sell My Agency Personnel personal data to advertisers and we don’t share information

1) Period of Agreement

Start Date

This document commences on the date invoice is issued.

End Date

This ends on the date 12 months after the invoice is issued unless otherwise terminated or extended in accordance with this document.

Extension

The parties may extend this document by agreeing in writing (before the End Date) to a new End Date.

The Services we Provide

Our mission is to make doing business easier and support staff and personnel to deliver services and make client and customer interaction better.

To help advance this mission, we provide the products and services described below to My Agency Personnel.

Combat harmful conduct and protect and support our community

People will only build community on Gemba360 if they feel safe.   We employ dedicated teams and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action – for example, offering help, removing content, removing or restricting access to certain features, disabling an account or contacting law enforcement. We do not share data.

Use and develop advanced technologies to provide safe and functional services for everyone

We use and develop advanced technologies such as artificial intelligence, machine learning systems and augmented reality so that people can use our Products safely regardless of physical ability or geographic location. For example, technology such as this helps people who have visual impairments understand what or who is in photos or videos shared on Gemba360.  We also build sophisticated network and communication technology to help more people connect to the Internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.

Research ways to make our services better

We engage in research to develop, test and improve our Products.  This includes analysing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features.

Provide consistent and seamless experiences across the Gemba360 Company Products

Our Products help My Agency Personnel find and connect with colleagues who work within My Agency Personnel Company and others that are important to My Agency Personnel.  We design our systems so that My Agency Personnel experience is consistent and seamless across the different Gemba360 Products that My Agency Personnel use. For example, we use data about the people My Agency Personnel engage with on Gemba360 to make it easier for My Agency Personnel to connect with them on our Communications products, and we enable My Agency Personnel to communicate with businesses that My Agency Personnel follow on Gemba360.

Enable global access to our services even from Rural and the Remotest Parts of Australia

To operate our global service, we store data in Australia and launch all services from this geographic location.

Refer to our ICT Whitepaper that outlines our security and data management structure and systems.

3) How our services are funded and Licence Periods

We may charge a licence fee to use Gemba360 and the other products and services covered by these Terms.  This may also include setup fees and other subscription arrangements.

Protecting people’s privacy is central to how we’ve designed our system

We collect and use My Agency Personnel personal data in order to provide the services described above for My Agency Personnel.

Licence Periods

Licence periods run from year to day before year date.

If a company seeks to end a licence period with Gemba360, then Notice must be given 90 days before the end of the Financial Year before the Licence is due for renewal.  For example if a Licence ends on November 2024 then Notice must be provided by 90 days before and in this case 30 June 2024.  The reasoning why this is required is because the Gemba360 Support Desk undertake legal compliance reviews in the last Quarter of each Financial Year for all of the compliance obligations for Agencies.

4) My Agency Personnel commitments to Gemba360 and our community

We provide these services to My Agency Personnel and others to help advance our mission. In exchange, we need My Agency Personnel to make the following commitments, which is undertaken each time My Agency Personnel log into the Gemba360 dashboard.

Who can use Gemba360?

When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, My Agency must use the exact name used on the relevant Government Register and all company personnel (including Staff, Contractors, Volunteers, Directors, Company Members and anyone else affiliated to the Company) must:

• use the same name that My Agency Personnel use in everyday life and found on Driver’s Licences;
• provide accurate information about My Agency Personnel;
• create only one account (My Agency Personnel) and use the profile for work purposes and not personal purposes; and
• not share password, give access to My Agency Personnel Gemba360 account to others or transfer My Agency Personnel account to anyone else (without our permission).

We try to make Gemba360 broadly available to everyone in thru the company they work for, but My Agency Personnel cannot use Gemba360 if:

• My Agency Personnel are under 13 years old (or the minimum legal age to use our Products);
• My Agency Personnel are a convicted sex offender;
• We’ve previously disabled My Agency Personnel account for violations of our Terms or Policies; or
• My Agency Personnel are prohibited from receiving our products, services or software under applicable laws.

What can My Agency Personnel do and share on Gemba360

We want people to use Gemba360 to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community.

Gemba360 is used by company’s for:

• managing their Legal Compliance updates;
• Noticeboard for posting Policy’s and circulars;
• Compliance Calendar Notifications for manage obligations;
• Risk and WHS Reporting for incidents, hazards, near misses and risk register reporting;
• Gembadocs for Contracts, Policies and Board Reports and other documents
• E-Learning for personnel training
• Client Record Systems to maintain patient, client and advocacy notes;
• MyNetwork for Social Networking
• Website Management for Hosting, Design and Development of their website;
• COVIDSafe and Disaster Management Activities
• HR Management System to manage their entire HR lifecycle from procurement of personel to managing all of their Staff, Voluneteers and Member information
• Forms for daily Quality Management areas and
• corporate information and business system rules.

My Agency Personnel therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

• My Agency Personnel may not use our Products to do or share anything:
  1. That breaches these Terms that apply to My Agency Personnel use of Gemba360;
  2. That is unlawful, misleading, discriminatory or fraudulent; and
  3. That infringes or violates someone else’s rights, including their intellectual property rights.
• My Agency Personnel may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products.
• My Agency Personnel may not attempt to access or collect data from our Products using automated means (without our prior permission) or attempt to access data that My Agency Personnel do not have permission to access.

We can remove or restrict access to content that is in violation of these provisions and we reserve the right to take any and all legal action against My Agency Personnel for violation of these provisions.

If we remove content that My Agency Personnel have shared in violation of these Terms, we’ll let My Agency Personnel know and explain any options My Agency Personnel have to request another review, unless My Agency Personnel:

• seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability;
• harm our community of users;
• compromise or interfere with the integrity or operation of any of our services, systems or Products;
• where we are restricted due to technical limitations; or
• where we are prohibited from doing so for legal reasons.

To help support our community, we encourage My Agency Personnel to report content or conduct that My Agency Personnel believe violates My Agency Personnel rights (including intellectual property rights) or our terms and policies.

The permissions My Agency Personnel give us

We need certain permissions from My Agency Personnel to provide our services:

5) Permission to use content that My Agency Personnel create and share:

Some content that My Agency Personnel share or upload, such as photos or videos, may be protected by intellectual property laws.

My Agency Personnel own the intellectual property rights (things such as copyright or trademarks) in any such content that My Agency Personnel create and share on Gemba360 and the other Gemba360 Products My Agency Personnel use.  Nothing in these Terms takes away the rights My Agency Personnel have to My Agency Personnel own content. My Agency Personnel are free to share My Agency Personnel content with anyone else, wherever My Agency Personnel want.

However, to provide our services, we need My Agency Personnel to give us some legal permissions (known as a ‘licence’) to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 of these Terms.  Specifically, when My Agency Personnel share, post or upload content that is covered by intellectual property rights on or in connection with our Products, My Agency Personnel grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of My Agency Personnel content (consistent with our privacy and application settings).

This means, for example, that if My Agency Personnel upload a document on Gemba360, My Agency Personnel give us permission to store, copy to deliver services to My Agency Personnel.  This is information is stored for a minimum of 50 years from the date of last use.  That is whenever a person logs in from My Agency Personnel Company, in to the Gemba360 dashboard – this time resets for another 50 years from the date and time.

My Agency Personnel can delete content individually or all at once by deleting My Agency Personnel account.  However, we will retain a copy of this data for a period of 50 years from the date of last use, as detailed above.

When My Agency Personnel delete content, it’s no longer visible to other users; however, it may continue to exist elsewhere on our systems where:

• Immediate deletion is not possible due to technical limitations as designed by Gemba360.
• My Agency Personnel content has been used by others in accordance with this licence and they have not deleted it (in which case, this licence will continue to apply until that content is deleted); or
• Where immediate deletion would restrict our ability to:
• investigate or identify illegal activity or breaches of our Terms and Policies (for example, to identify or investigate misuse of our Products or systems);
• comply with a legal obligation, such as the preservation of evidence; or
• comply with a request of a judicial or administrative authority, law enforcement or a government agency;

in which case, the content will be retained for a minimum of 50 years from the date of last use as detailed above.

6) Permission to use My Agency Personnel name, profile picture and information about My Agency Personnel actions within My Agency Personnel Company and past Company

My Agency Personnel give us permission to use My Agency Personnel name and profile picture and information about actions that My Agency Personnel have taken on Gemba360 next to or in connection with any content that we display across our Products, without any compensation to My Agency Personnel. This includes current Company My Agency Personnel profile is attached to, any past company or future company that may use Gemba360.

Permission to update software that My Agency Personnel use or download:

If My Agency Personnel download or use our software, My Agency Personnel give us permission to download and install updates to the software where available.

Limits on using our intellectual property

If My Agency Personnel use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos or sounds that we provide, which My Agency Personnel add to content that My Agency Personnel create or share on Gemba360), we retain all rights to that content (but not My Agency Personnel).

My Agency Personnel can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. My Agency Personnel must obtain our written permission (or permission under an open source licence) to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.

7) Additional provisions

Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for My Agency Personnel and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of My Agency Personnel interests.

We hope that My Agency Personnel will continue using our Products, but if My Agency Personnel do not agree to our updated Terms and no longer want to be part of the Gemba360 community, My Agency Personnel can delete My Agency Personnel account at any time.  We will retain this data for a minimum period as outlined previously within this document.

8) Account suspension or termination

We want Gemba360 to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.

If we determine that My Agency Personnel have clearly, seriously or repeatedly breached our Terms, we may suspend or permanently disable access to My Agency Personnel account. We may also suspend or disable My Agency Personnel account if My Agency Personnel repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.

Where we take such action, we’ll let My Agency Personnel know and explain any options My Agency Personnel have to request a review, unless doing so may:

• expose us or others to legal liability;
• harm our community of users;
• compromise or interfere with the integrity or operation of any of our services, systems or Products; or
• where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

If My Agency Personnel account has been disabled and My Agency Personnel want to contact us if My Agency Personnel think that we have disabled My Agency Personnel account by mistake then My Agency Personnel can contact us:

T: 1300 360 360

Visit Us: Suite 11, 974 Main Road Eltham, VIC 3095

If My Agency Personnel delete or we disable My Agency Personnel account, these Terms shall remain in place for the length of period we hold on to My Agency Personnel data and profile including the relevant Company data and profile.

9) Development and Extension of Gemba360 Products of Services

Gemba360 platform is designed to allow key parts to be extended upon to meet a Company’s specific needs.  Essentially customising the platform.  Any extensions completed or part done including but not limited to initial designs, schematics drawings across to code development and implementation are the full intellectual property of Gemba360 as a whole.  This includes any services engaged by other Third Party contractors engaged by the Company or persons representing the Company.  Where a contract is in place between a Company and Third Party or other contractor to work on any part of the Gemba360 platform, the Company agrees that this clause overrides any other Agreement it may have or previously engaged in the event that it commenced using Gemba360 after that Agreement.

Gemba360 reserves the right to provide access to any Third Party or other Contractor acting on behalf of any Company.

10) Limits on liability and Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between My Agency Personnel and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply.

If My Agency Personnel are a consumer, the laws of the country in which My Agency Personnel reside will apply to any claim, cause of action or dispute that My Agency Personnel have against us that arises out of or relates to these Terms or the Gemba360 Products.  In all cases, My Agency Personnel agree that the claim must be resolved exclusively in Australian and within the jurisdiction of Victoria. My Agency Personnel also agree that My Agency Personnel submit to the personal jurisdiction of either of the Victorian courts for the purpose of litigating any such claim, and that the laws of Victoria will govern these Terms and any claim, without regard to conflict of law provisions.

11) Other

These Terms make up the entire agreement between My Agency Personnel and Gemba360 regarding My Agency Personnel use of our Products. They supersede any prior agreements.

Some of the Products that we offer are also governed by supplemental Scope of Works documentation. If My Agency Personnel use any of those Products, Scope of Works may be made available at our discretion and will become part of our agreement with My Agency Personnel.

My Agency Personnel agree that My Agency Personnel will ensure that any third party on whose behalf My Agency Personnel access or use any Gemba360 Product for any business or commercial purpose will abide by these Terms and any applicable supplemental terms, and My Agency Personnel represent and warrant that My Agency Personnel have the authority to bind that third party to such terms.

These Terms require the resolution of most disputes between My Agency Personnel and us by binding arbitration on an individual basis; class actions and jury trials are not permitted.

Compliance with law

My Agency Personnel represent and warrant that My Agency Personnel access or use of Gemba360 Products for My Agency Personnel Company or commercial purposes complies with all applicable laws, rules and regulations. My Agency Personnel further represent that My Agency Personnel will restrict access to My Agency Personnel content and apps in accordance with all applicable laws, rules and regulations, including geo-filtering or age-gating access where required. In addition to and without limiting the requirements about who can use the Gemba360 Products under our Terms, if My Agency Personnel are located in a country that is subject to embargo under the laws of the United States (or under similar laws applicable to My Agency Personnel) My Agency Personnel may not engage in commercial activities on Gemba360 Products unless authorised by applicable laws. If My Agency Personnel are on the US Treasury Department’s list of Specially Designated Nationals (or an equivalent list), My Agency Personnel may not engage in commercial or business activities on the Gemba360 Products (such as advertising or payments). My Agency Personnel also may not access or use the Gemba360 Products if My Agency Personnel are prohibited from receiving products, services or software under applicable law.

Data Restrictions:

My Agency Personnel may not send us information prohibited by the supplemental terms. In addition, My Agency Personnel may not send to us, or use Gemba360 Products to collect from people, information that:

• My Agency Personnel know or reasonably should know is from or about children under the age of 13; or
• includes health, financial, biometrics or other categories of similarly sensitive information (including any information defined as sensitive under applicable law); except in cases where:

1. the terms for that Gemba360 Product specifically allow it or
2. My Agency Personnel are sending financial information for the express purpose of effecting a financial transaction either with us or as enabled by a Gemba360 Product.

Limits on Liability

In addition to and without limiting the scope of the “Limits on liability” section in our Terms, My Agency Personnel agree that we are not responsible for the actions, services, content or data of third parties and My Agency Personnel release us, our directors, officers, employees and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim that My Agency Personnel have against any such third parties.

Our aggregate liability arising out of or relating to any access or use of the Gemba360 Products, the Terms (for any access or use of the Gemba360 Products for business or commercial purposes) or these Commercial Terms will not exceed the greater of one dollar (AUS $1.00).

Disputes

• Third-party claims:

If anyone brings a claim, cause of action or dispute against us, which is related to My Agency Personnel services, actions, content or information on Gemba360 or other Gemba360 Products or My Agency Personnel use of any Gemba360 Products, My Agency Personnel agree to indemnify and hold us harmless from and against any damages, losses and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action or dispute.

• Commercial Claims

The following apply to any claim, cause of action or dispute that arises out of or relates to any access or use of the Gemba360 Products for business or commercial purposes (“Commercial Claim“) between My Agency Personnel and Gemba360.  My Agency Personnel agree that:

1. Any Commercial Claim between My Agency Personnel and Gemba360 must be resolved exclusively in Australian in the State of Victoria and that My Agency Personnel submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Victoria will govern these Terms and any such claim, without regard to conflict of law provisions; and
2. Without prejudice to the foregoing, My Agency Personnel agree that, in our sole discretion, we may also bring any claim we have against My Agency Personnel related to efforts to abuse, interfere or engage with our Products in unauthorised ways in the country in which My Agency Personnel reside that has jurisdiction over the claim.

Severability

If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

My Agency Personnel will not transfer any of My Agency Personnel rights or obligations under these Terms to anyone else without our consent.

My Agency Personnel may designate a person (called a legacy contact) to manage My Agency Personnel account if it is memorialised. Only My Agency Personnel legacy contact or a person who My Agency Personnel have identified in a valid will or similar document expressing clear consent to disclose My Agency Personnel content upon death or incapacity will be able to seek disclosure from My Agency Personnel account after it is memorialised.

These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

My Agency Personnel should know that we may need to change the username for My Agency Personnel account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that My Agency Personnel use in everyday life). We will inform My Agency Personnel in advance if we have to do this and explain why.

We always appreciate My Agency Personnel feedback and other suggestions about our products and services. But My Agency Personnel should know that we may use them without any restriction or obligation to compensate My Agency Personnel, and we are under no obligation to keep them confidential.

We reserve all rights not expressly granted to My Agency Personnel.

12) Cookies & other storage technologies

Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones and other devices. Other technologies, including data we store on My Agency Personnel web browser or device, identifiers associated with My Agency Personnel device, and other software, are used for similar purposes. In this policy, we refer to all of these technologies as “cookies.”

We use cookies if My Agency Personnel have a Gemba360 account, use the Gemba360 Products, including our website and apps, or visit other websites and apps that use the Gemba360 Products (including the messaging button or other Gemba360 Technologies). Cookies enable Gemba360 to offer the Gemba360 Products to My Agency Personnel and to understand the information we receive about My Agency Personnel, including information about My Agency Personnel use of other websites and apps, whether or not My Agency Personnel are registered or logged in.

Why do we use cookies?

Cookies help us provide, protect and improve the Gemba360 Products, such as by personalising content, tailoring and measuring ads, and providing a safer experience. While the cookies that we use may change from time to time as we improve and update the Gemba360 Products, we use them for the following purposes:

• Authentication

We use cookies to verify My Agency Personnel account and determine when My Agency Personnel’re logged in so we can make it easier for My Agency Personnel to access the Gemba360 Products and show My Agency Personnel the appropriate experience and features.

For example: We use cookies to keep My Agency Personnel logged in as My Agency Personnel navigate between Gemba360 Pages. Cookies also help us remember My Agency Personnel browser so My Agency Personnel do not have to keep logging in to Gemba360 and so My Agency Personnel can more easily log in to Gemba360 via third-party apps and websites.

• Security, site and product integrity

We use cookies to help us keep My Agency Personnel account, data and the Gemba360 Products safe and secure.

For example: Cookies can help us identify and impose additional security measures when someone may be attempting to access a Gemba360 account without authorisation, for instance, by rapidly guessing different passwords. We also use cookies to store information that allows us to recover My Agency Personnel account in the event that My Agency Personnel forget My Agency Personnel password or to require additional authentication if My Agency Personnel tell us that My Agency Personnel account has been hacked.

We also use cookies to combat activity that violates our policies or otherwise degrades our ability to provide the Gemba360 Products.

For example: Cookies help us fight spam and phishing attacks by enabling us to identify computers that are used to create large numbers of fake Gemba360 accounts. We also use cookies to detect computers infected with malware and to take steps to prevent them from causing further harm. Cookies also help us prevent underage people from registering for Gemba360 accounts.

• Advertising, recommendations, insights and measurement

We use cookies to help us show ads and to make recommendations for businesses and other organisations to people who may be interested in the products, services or causes they promote.

For example: Cookies allow us to help deliver ads to people who have previously visited a business’s website, purchased its products or used its apps and to recommend products and services based on that activity. Cookies also allow us to limit the number of times that My Agency Personnel see an ad so My Agency Personnel don’t see the same ad over and over again.

We also use cookies to help measure the performance of ad campaigns for businesses that use the Gemba360 Products.

For example: We use cookies to count the number of times that an ad is shown and to calculate the cost of those ads. We also use cookies to measure how often people do things such as click on or view ads.

Cookies help us serve and measure ads across different browsers and devices used by the same person.

For example: We can use cookies to prevent My Agency Personnel from seeing the same ad over and over again across the different devices that My Agency Personnel use.

Cookies also allow us to provide insights about the people who use the Gemba360 Products, as well as the people who interact with the ads, websites and apps of our advertisers and the businesses that use the Gemba360 Products.

For example: We use cookies to help businesses understand the kinds of people who like their Gemba360 Page or use their apps so they can provide more relevant content and develop features that are likely to be interesting to their customers.

We also use cookies to help My Agency Personnel opt out of seeing ads from Gemba360 based on My Agency Personnel activity on third-party websites.

• Site features and services

We use cookies to enable the functionality that helps us provide the Gemba360 Products.

For example: Cookies help us store preferences, know when My Agency Personnel’ve seen or interacted with Gemba360 Products’ content and provide My Agency Personnel with customised content and experiences. For instance, cookies allow us to make suggestions to My Agency Personnel and others, and to customise content on third-party sites that integrate our social plugins. If My Agency Personnel are a page administrator, cookies allow My Agency Personnel to switch between posting from My Agency Personnel personal Gemba360 account and the Page.

• We also use cookies to help provide My Agency Personnel with content relevant to My Agency Personnel locale.

For example: We store information in a cookie that is placed on My Agency Personnel browser or device so that My Agency Personnel will see the site in My Agency Personnel preferred language.

• Performance, We use cookies to provide My Agency Personnel with the best experience possible.

For example: Cookies help us route traffic between servers and understand how quickly Gemba360 Products load for different people. Cookies also help us record the ratio and dimensions of My Agency Personnel screen and windows and know whether My Agency Personnel’ve enabled high-contrast mode, so that we can render our sites and apps correctly.

• Analytics and research

We use cookies to better understand how people use the Gemba360 Products so that we can improve them.

For example: Cookies can help us understand how people use the Gemba360 service, analyse which parts of the Gemba360 Products people find most useful and engaging, and identify features that could be improved.

Where do we use cookies?

We may place cookies on My Agency Personnel computer or device, and receive information stored in cookies, when My Agency Personnel use or visit:

• The Gemba360 Products;
• Products provided by Kaizen Synergy; and
• Websites and apps provided by other companies that use the Gemba360 Products, including companies that incorporate the Gemba360 Technologies into their websites and apps. Gemba360 uses cookies and receives information when My Agency Personnel visit those sites and apps, including device information and information about My Agency Personnel activity, without any further action from My Agency Personnel. This occurs whether or not My Agency Personnel have a Gemba360 account or are logged in.

Do other parties use cookies in connection with the Gemba360 Products?

Yes, other parties may use cookies on the Gemba360 Products to provide services to us and the businesses that advertise on Gemba360.

For example, our measurement partners use cookies on the Gemba360 Products to help advertisers understand the effectiveness of their Gemba360 advertising campaigns and to compare the performance of those campaigns to ads displayed on other websites and apps.

Third parties also use cookies on their own sites and apps in connection with the Gemba360 Products. To understand how other parties use cookies, please review their policies.

13) Data Management

This section of the Terms describes the information we process to support Gemba360, and other products and features offered by Gemba360 (Gemba360 Products or Products).

My Agency Personnel can find additional tools and information in the Gemba360 settings

What kinds of information do we collect?

To provide the Gemba360 Products, we must process information about My Agency Personnel. The type of information that we collect depends on how My Agency Personnel use our Products.

Things that My Agency Personnel and others do and provide.

• Information and content My Agency Personnel provide

We collect the content, communications and other information My Agency Personnel provide when My Agency Personnel use our Products, including when My Agency Personnel sign up for an account, create or share content and message or communicate with others. This can include information in or about the content that My Agency Personnel provide (e.g. metadata), such as the location of a photo or the date a file was created. It can also include what My Agency Personnel see through features that we provide, such as our camera, so we can do things such as suggest masks and filters that My Agency Personnel might like, or give My Agency Personnel tips on using camera formats. Our systems automatically process content and communications that My Agency Personnel and others provide to analyse context and what’s in them for the purposes described below.

Data with special protections: My Agency Personnel can choose to provide information in My Agency Personnel Gemba360 profile fields or life events about My Agency Personnel religious views, political views, who My Agency Personnel are “interested in” or My Agency Personnel health. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) could be subject to special protections under the laws of My Agency Personnel country.

• Networks and connections.

We collect information about the people, Pages, accounts, hashtags and groups that My Agency Personnel are connected to and how My Agency Personnel interact with them across our Products, such as people My Agency Personnel communicate with the most or groups that My Agency Personnel are part of. We also collect contact information if My Agency Personnel choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things such as helping My Agency Personnel and others find people My Agency Personnel may know and for the other purposes listed below.

• My Agency Personnel usage.

We collect information about how My Agency Personnel use our Products, such as the types of content that My Agency Personnel view or engage with, the features My Agency Personnel use, the actions My Agency Personnel take, the people or accounts My Agency Personnel interact with and the time, frequency and duration of My Agency Personnel activities. For example, we log when My Agency Personnel’re using and have last used our Products, and what posts, videos and other content My Agency Personnel view on our Products. We also collect information about how My Agency Personnel use features such as our camera.

• Information about transactions made on our Products.

If My Agency Personnel use our Products for purchases or other financial transactions (such as when My Agency Personnel make a purchase in a game or make a donation), we collect information about the purchase or transaction. This includes payment information, such as My Agency Personnel credit or debit card number and other card information, other account and authentication information, and billing, delivery and contact details.

• Things others do and information they provide about My Agency Personnel.

We also receive and analyse content, communications and information that other people provide when they use our Products. This can include information about My Agency Personnel, such as when others share or comment on a photo of My Agency Personnel, send a message to My Agency Personnel or upload, sync or import My Agency Personnel contact information.

14) Device information

As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices My Agency Personnel use that integrate with our Products, and we combine this information across different devices that My Agency Personnel use. For example, we use information collected about My Agency Personnel use of our Products on My Agency Personnel phone to better personalise the content or features that My Agency Personnel see when My Agency Personnel use our Products on another device, such as My Agency Personnel laptop or tablet, or to measure whether My Agency Personnel took an action in response to an ad that we showed My Agency Personnel on My Agency Personnel phone on a different device.

Information that we obtain from these devices includes:

Device attributes

information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.

Device operations

information about operations and behaviours performed on the device, such as whether a window is in the foreground or background, or mouse movements (which can help distinguish humans from bots).

Identifiers

unique identifiers, device IDs and other identifiers, such as from games, apps or accounts that My Agency Personnel use, and Family Device IDs (or other identifiers unique to Gemba360 Products associated with the same device or account).

Device signals

Bluetooth signals, information about nearby Wi-Fi access points, beacons and mobile phone masts.

Data from device settings

Information My Agency Personnel allow us to receive through device settings that My Agency Personnel turn on, such as access to My Agency Personnel GPS location, camera or photos.

Network and connections

Information such as the name of My Agency Personnel mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on My Agency Personnel network, so we can do things such as help My Agency Personnel stream a video from My Agency Personnel phone to My Agency Personnel TV.

Cookie data

Data from cookies stored on My Agency Personnel device, including cookie IDs and settings. Learn more about how we use cookies in the these Terms.

15) How is this information shared?

My Agency Personnel information is shared with others in the following ways:

• Sharing on Gemba360 Products and
• People and accounts that My Agency Personnel share and communicate with

When My Agency Personnel share and communicate using our Products, My Agency Personnel choose the audience for what My Agency Personnel share. For example, when My Agency Personnel post on Gemba360, My Agency Personnel select the audience for the post, such as a group, all of My Agency Personnel work colleague, the public or a customised list of people. Similarly, when My Agency Personnel use Gemba360 Products to communicate with people or businesses, those people and businesses can see the content My Agency Personnel send. My Agency Personnel network can also see actions that My Agency Personnel have taken on our Products, including engagement with ads and sponsored content.

1.     Public information

There is no public information to My Agency Personnel content outside My Agency Personnel Company or Group.

2.     Gemba360’s Privacy Principles

Gemba360 was built to bring people closer together. We help My Agency Personnel connect with friends and family, discover local events and find groups to join. We recognize that people use Gemba360 to connect, but not everyone wants to share everything with everyone – including with us. It’s important that My Agency Personnel have choices when it comes to how My Agency Personnel data is used. These are the principles that guide how we approach privacy at Gemba360.

We give My Agency Personnel control of My Agency Personnel privacy

My Agency Personnel should be able to make the privacy choices that are right for My Agency Personnel. We want to make sure My Agency Personnel know where My Agency Personnel privacy controls are and how to adjust them.  We help people understand how their data is used

We design privacy into our products from the outset

We design privacy into Gemba360 products with guidance from experts in areas like data protection and privacy law, security, interface design, engineering, product management, and public policy. Our privacy team works to build these diverse perspectives into every stage of product development.

We work hard to keep My Agency Personnel information secure

We work around the clock to help protect people’s accounts, and we build security into every Gemba360 product. Our security systems run millions of times per second to help catch threats automatically and remove them before they ever reach My Agency Personnel. My Agency Personnel can also use our security tools like two-factor authentication to help keep My Agency Personnel account even more secure.

My Agency Personnel own and can delete My Agency Personnel information

My Agency Personnel own the information My Agency Personnel share on Gemba360. This means My Agency Personnel decide what My Agency Personnel share and who My Agency Personnel share it with on Gemba360, and My Agency Personnel can change My Agency Personnel mind. That’s why we give My Agency Personnel tools for deleting anything My Agency Personnel’ve posted. We remove it from My Agency Personnel timeline and from our servers in compliance with our data management terms. My Agency Personnel can also delete My Agency Personnel account whenever My Agency Personnel want.

Improvement is constant

We’re constantly working to develop new controls and design them in ways that explain things to people clearly. We invest in research and work with experts beyond Gemba360 including designers, developers, privacy professionals and regulators.

We are accountable

In addition to comprehensive privacy reviews, we put products through rigorous data security testing. We also meet with regulators, legislators and privacy experts around the world to get input on our data practices and policies.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.