Terms of Service – Gemba360
Terms of Service – Gemba360
Welcome to Gemba360.
By using Gemba360 you agree to these Terms.
1) About Gemba360
Gemba360 is a service provided by Kaizen Synergy Law Firm (ABN 40 131 059 991) (Gemba360).
Kaizen Synergy is a registered incorporated legal practice that also provides Essential IT Infrastructure Services. It is registered with the Victorian Legal Services Board. 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.
These Terms govern your use of Gemba360 and the products, features, apps, services, technologies and software that we offer (Gemba360 Products or Products), except where we expressly state that separate terms (and not these) apply. These Products are provided to you 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 your personal data to advertisers and we don’t share information.
2) 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 you:
a) 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.
b) 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.
c) 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.
d) Provide consistent and seamless experiences across the Gemba360 Company Products
Our Products help you find and connect with colleagues who work within your Company and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Gemba360 Products that you use. For example, we use data about the people you engage with on Gemba360 to make it easier for you to connect with them on our Communications products, and we enable you to communicate with businesses that you follow on Gemba360.
e) 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.
a) Protecting people’s privacy is central to how we’ve designed our system
We collect and use your personal data in order to provide the services described above for you.
b) 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 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) Your commitments to Gemba360 and our community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments, which is undertaken each time you log into the Gemba360 dashboard.
a) Who can use Gemba360?
When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, your Company 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 you use in everyday life;
- provide accurate information about yourself;
- create only one account (your own) and use your timeline for personal purposes; and
- not share your password, give access to your Gemba360 account to others or transfer your account to anyone else (without our permission).
We try to make Gemba360 broadly available to everyone in thru the company they work for, but you cannot use Gemba360 if:
- You are under 13 years old (or the minimum legal age in your country to use our Products);
- You are a convicted sex offender;
- We’ve previously disabled your account for violations of our Terms or Policies; or
- You are prohibited from receiving our products, services or software under applicable laws.
b) What can you 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.
You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- You may not use our Products to do or share anything:
- That breaches these Terms that apply to your use of Gemba360;
- That is unlawful, misleading, discriminatory or fraudulent; and
- That infringes or violates someone else’s rights, including their intellectual property rights.
- You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products.
- You may not attempt to access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you 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 you for violation of these provisions.
If we remove content that you have shared in violation of these Terms, we’ll let you know and explain any options you have to request another review, unless you:
- 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 you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
c) The permissions you give us
We need certain permissions from you to provide our services:
- Permission to use content that you create and share:
Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
You own the intellectual property rights (things such as copyright or trademarks) in any such content that you create and share on Gemba360 and the other Gemba360 Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
However, to provide our services, we need you 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 you share, post or upload content that is covered by intellectual property rights on or in connection with our Products, you 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 your content (consistent with our privacy and application settings).
This means, for example, that if you upload a document on Gemba360, you give us permission to store, copy to deliver services to you. 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 your Company, in to the Gemba360 dashboard – this time resets for another 50 years from the date and time.
You can delete content individually or all at once by deleting your 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 you delete content, it’s no longer visible to other users; however, it may continue to exist elsewhere on our systems where:
a) Immediate deletion is not possible due to technical limitations as designed by Gemba360.
b) your 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
c) 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.
- Permission to use your name, profile picture and information about your actions within your Company and past Company
You give us permission to use your name and profile picture and information about actions that you have taken on Gemba360 next to or in connection with any content that we display across our Products, without any compensation to you. This includes current Company your profile is attached to, any past company or future company that may use Gemba360.
- Permission to update software that you use or download:
If you download or use our software, you give us permission to download and install updates to the software where available.
- Limits on using our intellectual property
If you 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 you add to content that you create or share on Gemba360), we retain all rights to that content (but not yours).
You 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. You 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.
5) Additional provisions
1) Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you 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 your interests.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be part of the Gemba360 community, you can delete your account at any time. We will retain this data for a minimum period as outlined previously within this document.
2) 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 you have clearly, seriously or repeatedly breached our Terms, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you 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 you know and explain any options you 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 your account has been disabled and you want to contact us if you think that we have disabled your account by mistake then you can contact us:
T: 1300 360 360
Visit Us: Suite 11, 974 Main Road Eltham, VIC 3095
If you delete or we disable your account, these Terms shall remain in place for the length of period we hold on to your data and profile including the relevant Company data and profile.
3) 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.
6) Limits on liability and Disputes
We try to provide clear rules so that we can limit or hopefully avoid disputes between you 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 you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that you have against us that arises out of or relates to these Terms or the Gemba360 Products. In all cases, you agree that the claim must be resolved exclusively in Australian and within the jurisdiction of Victoria. You also agree that you 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.
These Terms make up the entire agreement between you and Gemba360 regarding your 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 you use any of those Products, Scope of Works may be made available at our discretion and will become part of our agreement with you.
You agree that you will ensure that any third party on whose behalf you access or use any Gemba360 Product for any business or commercial purpose will abide by these Terms and any applicable supplemental terms, and you represent and warrant that you have the authority to bind that third party to such terms.
These Terms require the resolution of most disputes between you and us by binding arbitration on an individual basis; class actions and jury trials are not permitted.
a) Compliance with law
You represent and warrant that your access or use of Gemba360 Products for your Company or commercial purposes complies with all applicable laws, rules and regulations. You further represent that you will restrict access to your 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 you are located in a country that is subject to embargo under the laws of the United States (or under similar laws applicable to you) you may not engage in commercial activities on Gemba360 Products unless authorised by applicable laws. If you are on the US Treasury Department’s list of Specially Designated Nationals (or an equivalent list), you may not engage in commercial or business activities on the Gemba360 Products (such as advertising or payments). You also may not access or use the Gemba360 Products if you are prohibited from receiving products, services or software under applicable law.
b) Data Restrictions:
You may not send us information prohibited by the supplemental terms. In addition, you may not send to us, or use Gemba360 Products to collect from people, information that:
- you 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:
- the terms for that Gemba360 Product specifically allow it or
- you are sending financial information for the express purpose of effecting a financial transaction either with us or as enabled by a Gemba360 Product.
c) Limits on Liability
In addition to and without limiting the scope of the “Limits on liability” section in our Terms, you agree that we are not responsible for the actions, services, content or data of third parties and you 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 you 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).
- Third-party claims:
If anyone brings a claim, cause of action or dispute against us, which is related to your services, actions, content or information on Gemba360 or other Gemba360 Products or your use of any Gemba360 Products, you 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 you and Gemba360. You agree that:
- Any Commercial Claim between you and Gemba360 must be resolved exclusively in Australian in the State of Victoria and that you 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
- Without prejudice to the foregoing, you agree that, in our sole discretion, we may also bring any claim we have against you related to efforts to abuse, interfere or engage with our Products in unauthorised ways in the country in which you reside that has jurisdiction over the claim.
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.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
You may designate a person (called a legacy contact) to manage your account if it is memorialised. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your 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.
You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that you use in everyday life). We will inform you in advance if we have to do this and explain why.
We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
We reserve all rights not expressly granted to you.
8) 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 your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this policy, we refer to all of these technologies as “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:
- Security, site and product integrity
- Advertising, recommendations, insights and measurement
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 you see an ad so you don’t see the same ad over and over again.
Cookies help us serve and measure ads across different browsers and devices used by the same person.
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.
- Site features and services
For example: Cookies help us store preferences, know when you’ve seen or interacted with Gemba360 Products’ content and provide you with customised content and experiences. For instance, cookies allow us to make suggestions to you and others, and to customise content on third-party sites that integrate our social plugins. If you are a page administrator, cookies allow you to switch between posting from your personal Gemba360 account and the Page.
For example: We store information in a cookie that is placed on your browser or device so that you will see the site in your preferred language.
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 your screen and windows and know whether you’ve enabled high-contrast mode, so that we can render our sites and apps correctly.
- Analytics and research
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.
We may place cookies on your computer or device, and receive information stored in cookies, when you use or visit:
- The Gemba360 Products;
- Products provided by Kaizen Synergy; and
9) 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).
You can find additional tools and information in the Gemba360 settings
a) What kinds of information do we collect?
To provide the Gemba360 Products, we must process information about you. The type of information that we collect depends on how you use our Products.
Things that you and others do and provide.
- Information and content you provide
We collect the content, communications and other information you provide when you use our Products, including when you 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 you provide (e.g. metadata), such as the location of a photo or the date a file was created. It can also include what you see through features that we provide, such as our camera, so we can do things such as suggest masks and filters that you might like, or give you tips on using camera formats. Our systems automatically process content and communications that you and others provide to analyse context and what’s in them for the purposes described below.
Data with special protections: You can choose to provide information in your Gemba360 profile fields or life events about your religious views, political views, who you are “interested in” or your 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 your country.
- Networks and connections.
We collect information about the people, Pages, accounts, hashtags and groups that you are connected to and how you interact with them across our Products, such as people you communicate with the most or groups that you are part of. We also collect contact information if you 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 you and others find people you may know and for the other purposes listed below.
- Your usage.
We collect information about how you use our Products, such as the types of content that you view or engage with, the features you use, the actions you take, the people or accounts you interact with and the time, frequency and duration of your activities. For example, we log when you’re using and have last used our Products, and what posts, videos and other content you view on our Products. We also collect information about how you use features such as our camera.
- Information about transactions made on our Products.
If you use our Products for purchases or other financial transactions (such as when you make a purchase in a game or make a donation), we collect information about the purchase or transaction. This includes payment information, such as your 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 you.
We also receive and analyse content, communications and information that other people provide when they use our Products. This can include information about you, such as when others share or comment on a photo of you, send a message to you or upload, sync or import your contact information.
10) Device information
As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices that you use. For example, we use information collected about your use of our Products on your phone to better personalise the content or features that you see when you use our Products on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad that we showed you on your phone on a different device.
Information that we obtain from these devices includes:
a) 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.
b) 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).
unique identifiers, device IDs and other identifiers, such as from games, apps or accounts that you use, and Family Device IDs (or other identifiers unique to Gemba360 Products associated with the same device or account).
d) Device signals
Bluetooth signals, information about nearby Wi-Fi access points, beacons and mobile phone masts.
e) Data from device settings
Information you allow us to receive through device settings that you turn on, such as access to your GPS location, camera or photos.
f) Network and connections
Information such as the name of your 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 your network, so we can do things such as help you stream a video from your phone to your TV.
g) Cookie data
11) How is this information shared?
Your information is shared with others in the following ways:
- Sharing on Gemba360 Products and
- People and accounts that you share and communicate with
When you share and communicate using our Products, you choose the audience for what you share. For example, when you post on Gemba360, you select the audience for the post, such as a group, all of your work colleague, the public or a customised list of people. Similarly, when you use Gemba360 Products to communicate with people or businesses, those people and businesses can see the content you send. Your network can also see actions that you have taken on our Products, including engagement with ads and sponsored content.
13) Public information
There is no public information to your content outside your Company or Group.
14) Gemba360’s Privacy Principles
Gemba360 was built to bring people closer together. We help you 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 you have choices when it comes to how your data is used. These are the principles that guide how we approach privacy at Gemba360.
a) We give you control of your privacy
You should be able to make the privacy choices that are right for you. We want to make sure you know where your privacy controls are and how to adjust them. We help people understand how their data is used
b) 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.
c) We work hard to keep your 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 you. You can also use our security tools like two-factor authentication to help keep your account even more secure.
d) You own and can delete your information
You own the information you share on Gemba360. This means you decide what you share and who you share it with on Gemba360, and you can change your mind. That’s why we give you tools for deleting anything you’ve posted. We remove it from your timeline and from our servers in compliance with our data management terms. You can also delete your account whenever you want.
e) 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.
f) 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.