License Agreement

These are the terms and conditions on which enableHR Pty Limited (ACN 123 231 005) (“enableHR”) licenses its online services and products and the Customer agrees as detailed below (the Agreement):

1. Terms of License

1.1 By clicking on the “Accept” button, the Customer agrees to be bound by the terms and conditions of this Agreement.

1.2 The Customer cannot make any changes to this Agreement without first obtaining the written consent of enableHR.

1.3 The Customer must ensure that any person that the Customer allows to use the Services and Materials complies with this Agreement as if they were the Customer.

1.4 enableHR reserves the right to vary the Agreement from time to time by notice in writing. By continuing to use and access the Services following such changes, you agree to be bound by any variation made by us.

2. Term of Agreement

2.1 The Agreement starts on the Commencement Date.

2.2 Subject to clauses 4 and 9, the Agreement will continue for the Initial Term followed by successive 12-month periods.

3. License of the Services

3.1 Subject to any supplementary terms agreed in writing, enableHR grants the Customer a license to use the enableHR Services and enableHR Materials on the terms of this Agreement.

3.2 All Intellectual Property Rights in the Services and the Materials (in both print and machine-readable forms) belong to enableHR or enableHR’s third party suppliers. enableHR will update the enableHR Material as required from time to time to meet the relevant legislation.

3.3 In entering into this Agreement and using the Services and Materials, the Customer does not acquire any ownership of copyright or other Intellectual Property Rights or proprietary interests in the Services or Materials and they at all times remain the property of enableHR.

3.4 Except as provided in this Agreement, the Customer may not use the Services or Materials retrieved from the on-line Services in any manner that infringes the copyright or proprietary interests of enableHR.

4. Applicable Fee

4.1 No individual or organisation may use the Services and Materials without entering into a License Agreement and paying the Applicable Fee.

4.2 In consideration of enableHR granting the License, the Customer will pay enableHR the Applicable Fee and other amounts in accordance with Schedules 1 and 2.

4.3 The Licence Fee is calculated based on the number of Workers engaged and/or employed by the Customer as assessed on a monthly basis as detailed in Schedule 1.

4.4 The minimum Licence Fee payable is based on 15 Workers.

4.5 If any payment remains outstanding for more than 14 days from the due payment date, enableHR may suspend its remaining obligations under this Agreement, including suspension of the Customer’s access to enableHR and in addition may charge interest on any outstanding amount at the rate of the ninety-day bank bill plus 3%.

4.6 Notwithstanding any limitations to the License as set out in Clause 3, from the first anniversary of the Commencement Date, enableHR may once per year increase the Fee by 5% or the CPI (whichever is higher).

4.7 The Licence Fee detailed in Schedule 1 is payable subject to the following conditions:

• 1. a.the Customer agrees that the Licence Fee will be payable on a monthly basis;
  2. b.the Licence Fee is calculated based on the highest number of Workers held in enableHR for that month (the minimum Licence Fee is payable monthly in advance and any additional Workers for a particular month above the minimum is payable monthly in arrears); and
  3. c.that all monthly Licence Fees payable will be automatically processed through enableHR’s Chargify processing system which would be linked to a (current) credit card of the Customer.

4.8 The optional Implementation Fee detailed in Schedule 2 is payable by the Customer on presentation of an invoice from enableHR as an upfront payment and in advance of the Implementation services being provided.

5. Confidentiality

5.1 Information that is disclosed by one party to the other party, and that is marked “confidential”, or which under the circumstances the receiving party ought reasonably to know that the disclosing party treats as confidential information (including this Agreement and all Customer Materials), will be treated as confidential by the receiving party. The receiving party will not disclose to a third party such information or use such information other than for the purposes for which it was provided, without the written consent of the other party. The foregoing limitations do not apply to the extent such information is:

• 1. a.or subsequently becomes publicly available other than through a breach of these limitations:
  2. b.already known to the receiving party at the time of disclosure;
  3. c.developed by the receiving party independent of such information; or
  4. d.rightfully received from a third party without restrictions on disclosure or use.

5.2 The Customer authorises enableHR and its authorised personnel to access and log into their account/s in order to give effect to its promises under this Agreement, which includes, but may not be limited to, carrying out technical work, undertaking troubleshooting, completing testing and activating approved configuration.

6. enableHR Warranties and Service Levels

6.1 enableHR warrants that the Services will:

• 1. a.be performed with due care, skill and diligence;
  2. b.be fit for the purposes of which these types of Services are commonly bought;
  3. c.meet the service levels outlined in 6.2 below; and
  4. d.comply with all applicable laws, regulations, standards, or other legal requirements concerning safety and quality.

6.2 enableHR undertakes to provide the following service levels to the Customer:

• 1. a.99.5% Service availability, subject to events resulting in unavailability which are outside the reasonable control of enableHR;
  2. b.availability of technical support to the Customer within business hours (Australian Eastern Seaboard Time); and
  3. c.enableHR’s best endeavours to respond to a technical support request within 4 business hours or otherwise within 24 hours of receipt of the request.

7. Limitation of Liability

7.1 The Services and Materials are provided on an “as is available” basis and enableHR makes no express warranty under this Agreement, including without limitation that the Services and Materials are or will be complete or free from errors.

7.2 Data loss is an unavoidable risk when using any technology. The Customer is responsible for maintaining copies of critical data that has been entered into the enableHR account.

7.3 To the maximum extent permitted by law, enableHR will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:

• 1. a.any errors in or omissions from the Services or any Materials beyond the reasonable control of enableHR;
  2. b.the unavailability or interruption to the supply of the Services;
  3. c.the Customer’s use or misuse of the Services or Materials (regardless of whether the Customer received any assistance from enableHR in using or misusing the Service);
  4. d.the content of the Customer’s Materials;
  5. e.loss of or damage to the Customer’s Materials;
  6. f.the Customer’s use of any equipment in connection with the on-line Services;
  7. g.any delay or failure in performance beyond the reasonable control of enableHR.

7.4 Without limiting clauses 7.1-7.3 above, enableHR’s total aggregate liability to the Customer in connection with the Agreement for any loss in any year is limited to the total Fees which are paid or due in that year.

8. Assignment

8.1 enableHR may assign the benefits of this Agreement to an Associated Entity.

9. Termination

9.1 For the purposes of this Agreement, the following are terminating events:

• 1. a.a breach by either party of any of fundamental or essential term of this Agreement (including but not limited to clause 4);
  2. b.the appointment of any type of insolvency administrator in respect of the property or affairs of either party;
  3. c.the entry or proposed entry by either party into any scheme, composition or arrangement with any of its creditors;
  4. d.the permanent discontinuance of the enableHR’s Services; or
  5. e.any event described in this Agreement as a terminating event.

9.2 The License may be terminated immediately on the happening of a terminating event at the option of the affected party.

9.3 If the terminating event is one detailed in clause 9.1 the affected party will give to the other party notice of the event and require the breach to be remedied (if possible). If the breach is not capable of remedy or, if the breach is capable of remedy but is not remedied (as the case may be) within 14 days of such notice, the Licence may be terminated by the affected party.

9.4 Notwithstanding clause 9.1, either party may terminate the Agreement by providing a minimum of 90 days’ notice prior to the end of the Initial Term or by providing a minimum of 90 days’ notice prior to the end of any subsequent anniversary of the Commencement Date of the Agreement in writing.

9.5 Within a reasonable period of termination, but no later than 60 days from termination of the license, and subject to the Customer having paid all other outstanding fees and amounts owed under this Agreement to enableHR in full, enableHR will return to the Customer all materials hosted on the enableHR database, including Workers, documents, notes and workflows, tailored policies, contracts, letters and forms, belonging to the Customer. To the extent possible, such materials will be in a form capable of importation into an alternative system.

9.6 The Customer agrees to pay enableHR a Data Extraction Fee in the circumstances of clause 9.6.

9.7 All rights expressed to continue beyond termination of this Agreement will continue despite the terms of this clause.

10. Counterparts

10.1 This Agreement may be executed in any number of counterparts and all those counterparts taken together are regarded as one instrument.

11. Governing law and jurisdiction

11.1 This Agreement is governed by the law of New South Wales and the Commonwealth of Australia.

11.2 Each party irrevocably and unconditionally submits to the non‑exclusive jurisdiction of the Courts of New South Wales.

12. Use of our API and Other Integration Services

12.1 The Customer acknowledges and agrees that:

• 1. a.the Customer is solely responsible for all information (Including Personal Information) entered and stored within the Customer’s enableHR account/s as part of the Customer license; and
  2. b.where the Customer gives enableHR instructions to process and share Personal Information that the Customer has entered and stored in the Customer’s enableHR account/s, including but not limited to sharing such information through our API with the Customer’s nominated payroll provider, that the Customer is the discloser of that information and the role of enableHR is limited to facilitating that disclosure on the Customer behalf.

12.2 The Customer warrants and represents that:

• 1. a.the Customer will comply, and will ensure the Customer’s instructions for the processing and sharing of Personal Information will comply with Privacy Laws;
  2. b.the Customer is authorised by the relevant data subjects, or is otherwise permitted pursuant to Privacy Laws, to disclose Personal Information including by the permitted use of enableHR;
  3. c.the Customer will, where necessary, and in accordance with Privacy Laws, obtain all necessary consents and rights and provide all necessary information and notices to data subjects in order for:
     1. i.the Customer to disclose Personal Information to enableHR; and
     2. ii.enableHR to process and share Personal Information for the purpose of the services enableHR delivers to the Customer and in accordance with Privacy Laws.
  4. d.the Customer’s instructions to enableHR relating to processing of Personal Information, will not breach of Privacy Laws.

13. Definitions

In this agreement the following terms have the following meaning:

Associated Entity means as defined in the Corporations Act 2001.

Commencement Date means the date when the terms and conditions of the Agreement were accepted by clicking the “I Agree” button.

CPI means the Consumer Price Index, as published by the Reserve Bank of Australia.

Customer means the business that agrees to the terms of this Agreement in accordance with clause 1.1.

Customer Materials means all materials supplied by the Customer to form part of the Services, including the addition, amendment, customisation or tailoring of any template, form, agreement, supporting documentation and associated documents compiled by the Customer, or by enableHR on behalf of the Customer.

Data Extraction Fee means the cost quoted by enableHR at the relevant time to extract the Customer’s data from the system upon request by the Customer.

Applicable Fee means the amounts set out in Schedule 1 and 2, as varied in accordance with Clause 4.

Implementation Fee means additional costs incurred in the setting up of the system to the specifications required by the Customer as set out Schedule 2.

Initial Term means from the Commencement Date for the period of 12 months.

Intellectual Property means any intellectual or industrial property rights, including registered or unregistered trademarks, patents, designs, or copyright including copyright in and to all enableHR products or Services, templates, forms, agreements, reports, and associated documents.

License Fee means the amounts set out in Schedule 1, including any monthly Top Up for additional workers.

Materials means all materials, excluding Customer Materials, forming part of the Services.

Services means the use of the enableHR software including the online hosting, creation, storage, recall and management of workplace documentation and human resources processes through the standard web-based application “enableHR” software product.

Worker means any current (not terminated or deleted) employee, contractor or volunteer of the Customer for whom a record is created, and which remains activated within enableHR on a monthly basis. Candidates are not considered Workers.

Privacy Policy

enableHR Privacy Policy

This Privacy Policy relates to enableHR Pty Ltd trading as enableHR (“the Company”). The Company is a Citation Group Pty Ltd Group Company ("Citation Group") and this Privacy Policy conforms with the Citation Group Privacy Policy.

Introduction

The Company is committed to safeguarding the privacy of information provided to us and information about visitors to our website and users of the enableHR platform.

This Privacy Policy explains how we may collect and use information that we obtain about you, and your rights in relation to that information. Your use of our online services or your provision of information to us constitutes your acknowledgment of the terms of this Privacy Policy. Please do not send us any information which we have not requested, or which is not necessary or relevant to the purpose for which Company is engaged by you.

1.1. From time to time the Company is required to collect, hold, use and/or disclose personal information relating to individuals (including, but not limited to prospective employees, clients, suppliers, investors, referees, contractors and employees) in the performance of its business activities.

1.2. This Privacy Policy sets out the Company’s policy in relation to the protection of personal information, as under the Privacy Act 1998 (Cth) (“the Act”) and the Australian Privacy Principles (“APP”).

1.3. The APPs regulate the handling of personal information.

Last Updated: 8 May 2024

What is personal information?

2.1. Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Employee records

3.1. This Privacy Policy does not apply to the collection, holding, use or disclosure of personal information that is an employee record.

3.2. An employee record is a record of personal information relating to the employment of an employee. Examples of personal information relating to the employment of the employee include, but are not limited to, health information and information about the engagement, training, disciplining, resignation, termination, terms and conditions of employment of the employee. Please see the Act for further examples of employee records.

3.3. The exemption applies to current or former employees. It does not apply to contractors, volunteers or prospective employees. Despite this exemption, the Company may have other obligations regarding employee records, for example under the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth).

Kinds of information that the company collects and holds

4.1. The Company collects personal information that is reasonably necessary for one or more of its functions or activities.

4.2. The type of information that the Company collects and holds may depend on your relationship with the Company. For example:

• 1. a.Prospective Employee: if you are someone seeking employment with the Company, the Company may collect and hold information including your name, address, email address, contact telephone number, gender, age, employment history, references, resume, medical history, emergency contact, taxation details, qualifications and payment details.
  2. b.Client: if you are a client of the Company, the Company may collect and hold information including your name (including name prefix or title), contact details (such as your postal address, email address and phone number(s)), nationality, identification, gender, organisation, business interests, employment, positions held, billing and financial information (such as billing address, bank account and payment information) and enquiry/complaint details. We may also collect personal information about your other dealings with us and our clients, including any contact we have with you in person, by telephone, email or online.
  3. c.Supplier: if you are a supplier of the Company, the Company may collect, hold, use and disclose information including your name, address, email address, contact telephone number, business records, billing information, information about goods and services supplied by you.
  4. d.Referee: if you are a referee of a prospective employee, the Company may collect and hold information including your name, contact details, current employment information and professional opinion of the prospective employee.

4.3. Sensitive information: the Company will only collect sensitive information where you consent to the collection of the information (unless one of the exceptions to the APPs apply) and the information is reasonably necessary for one or more of the Company’s functions or activities. Sensitive information includes, but is not limited to, information or an opinion about racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, membership of a trade union, sexual preferences, criminal record, health information or genetic information.

4.4. By providing this information to use, or consenting to a third party (such as your employer) providing that information to us, you consent to our collection and use of that information as set out in this Privacy Policy.

How the company collects and holds personal information

5.1. The Company will only collect personal information by lawful and appropriate means. The Company will collect personal information directly from you if it is reasonable or practicable to do so.

5.2. The Company and any Group Company may collect personal information in a number of ways, including without limitation:

• 1. a.through application forms;
  2. b.by email or other written mechanisms;
  3. c.over a telephone call;
  4. d.in person;
  5. e.through transactions;
  6. f.through our website;
  7. g.through surveillance cameras;
  8. h.by technology that is used to support communications between us; from third parties, including but not limited to:
     1. i.from past and present employers and referees when conducting reference checks, clients of the Company and contract management services in relation to assignments;
     2. ii.through publicly available information sources (which may include telephone directories, the internet and social media sites); and
     3. iii.by the disclosure of the personal information between the Group Companies.

5.3. When the Company collects personal information about you through third parties, it will manage such information in accordance with the APPs.

5.5. Unsolicited personal information is personal information that the Company receives which it did not solicit. Unless the Company determines that it could have collected the personal information in line with the APPs or the information is contained within a Commonwealth record, it must destroy the information to ensure it is de-identified.

5.6 Monitoring of telephone calls

When the Company speaks to you on the phone, or holds video conferences with you, calls may be recorded for security, training and quality assurance purposes.

Purposes for which the company collects, holds, uses and/or discloses personal information

6.1. The Company will collect personal information if it is reasonably necessary for one or more of its functions or activities.

6.2. In most cases, you will be required to identify yourself when you deal with us, such as when you (or an associated company or other entity) become a client of ours. If you do not provide us with the personal information detailed above, some or all of the following may happen:

• 1. a.we may not be able to accept you (or your associated company or other entity) as a client or provide our services to you or your associated company or other entity;
  2. b.we may not be able to provide you with our publications, brochures and newsletters; and
  3. c.we may be unable to tailor the content of our website to your preferences and your experience of our website may not be as relevant or useful as it could be.

6.3. We will normally hold your personal information in a database. We collect, hold, use and disclose your personal information for some or all of the following purposes:

• 1. a.administering our relationship with you, including providing services, responding to enquiries and obtaining payment for our services;
  2. b.to manage and enhance the enableHR platform and our products and services;
  3. c.processing applications for employment;
  4. d.business development – to provide you with information about the Company’s and the Group Company’s existing and new products and services (including for direct marketing purposes as described in clause 7 below, sending legal and other updates, publications, and details of events and tracking and recording your opening of our email communications and clicking on any links in our email communications);
  5. e.providing and administering legal and consulting services;
  6. f.meeting legal or other regulatory obligations imposed on us;
  7. g.auditing and managing the usage of our website;
  8. h.to update our records and keep your contact details up to date;
  9. i.to process and respond to any complaint made by you; and
  10. j.to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or other governmental authority.

6.4. The Company may also collect, hold, use and/or disclose personal information if you consent or if required or authorised under law. For example, the Company may be required or authorised to collect your Tax File Number, if you choose to provide it, by the Income Tax Assessment Act 1936 (Cth).

Direct marketing

7.1. The Company or any of the Group Companies may use or disclose personal information (other than sensitive information) about you for the purpose of direct marketing (for example, advising you of new goods and/or services being offered by the Company and the Group Companies).

7.2. The Company may use or disclose sensitive information about you for the purpose of direct marketing if you have consented to the use or disclosure of the information for that purpose.

7.3. The Company or any of the Group Companies may use or disclose personal information (other than sensitive information) about you to the other Group Companies for the purpose of cross promotions and direct marketing of the other Group Company’s products and services.

7.4. You can opt out of receiving direct marketing communications from the Company by contacting our Privacy Officer in writing or if permissible accessing the Company’s website and unsubscribing appropriately.

Disclosure of personal information

8.1. The Company may disclose your personal information for any of the purposes for which it is was collected, as indicated under clause 5 of this Privacy Policy, or where it is under a legal duty to do so.

8.2. Disclosure will usually be internally, to related entities but may otherwise include third parties such as contracted service suppliers (CSP). Examples of CSPs include, but are not limited to, financial institutions for payment processing, information technology service providers, marketing and communications agencies, printers and distributers of direct marketing material and external business advisors.

8.3. Before the Company discloses personal information about you to a third party, the Company will take steps as are reasonable in the circumstances to ensure that the third party does not breach the APPs in relation to the information. While we take all reasonable steps to ensure the security of our system, we cannot provide any guarantee regarding security of the personal information and other data transmitted to the enableHR platform or services and we will not be held responsible for events arising from unauthorised access of your personal information.

Access to personal information

9.1. If the Company holds personal information about you, you may request access to that information by putting the request in writing and sending it to our Privacy Officer. The Company will respond to any request within a reasonable period, but no more than 30 days. The Company may charge a fee to provide access to the personal information.

9.2. There are certain circumstances in which the Company may refuse to grant you access to the personal information. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality or legal professional privilege.

9.3. In such situations the Company will give you written notice that sets out:

• 1. a.the reasons for the refusal; and
  2. b.the mechanisms available to you to make a complaint.

Correction of personal information

10.1 If you wish to access, verify, or correct of any of the personal information you have submitted to us, you may do so by contacting us via [email protected]. As soon as practicable after your request, we will take reasonable steps to allow for corrections to be made to this information unless an exception under the relevant privacy or data protection laws apply.

10.2. There are certain circumstances in which the Company may refuse to correct the personal information. In such situations the Company will give you written notice that sets out:

• 1. a.the reasons for the refusal; and
  2. b.the mechanisms available to you to make a complaint.

10.3. If the Company corrects personal information that it has previously supplied to a third party and you request us to notify the third party of the correction, the Company will take such steps as are reasonable to give that notification unless impracticable or unlawful to do so.

Integrity and security of personal information

11.1. The Company will take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that it:

• 1. a.collects is accurate, up-to-date and complete; and
  2. b.uses or discloses is, having regard to the purpose of the use or disclose, accurate, up-to-date and complete.

11.2. The Company will take steps as are reasonable in the circumstances to protect the personal information from misuse, interference, loss and from unauthorised access, modification or disclosure.

11.3. If the Company holds personal information, it no longer needs the information for any purpose for which the information may be used or disclosed, the information is not contained in any Commonwealth record and the Company is not required by law to retain the information, it will take such steps as are reasonable in the circumstances to destroy the information or to ensure it is de-identified.

Anonymity and pseudonymity

12.1. You have the option of not identifying yourself, or using a pseudonym, when dealing with the Company in relation to a particular matter. This does not apply:

• 1. a.where the Company is required or authorised by or under an Australian law, or a court/tribunal order, to deal with individuals who have identified themselves; or
  2. b.where it is impracticable for the Company to deal with individuals who have not identified themselves or who have used a pseudonym.

12.2. However, in some cases if you do not provide the Company with your personal information when requested, the Company may not be able to respond to your request or provide you with the goods or services that you are requesting.

Overseas disclosure and cloud

13.1. The Company may disclose Personal information about an individual overseas. This is likely to occur where the Company uses “cloud” service providers.

13.2. When disclosing Personal information, the Company will do so in accordance with the APPs.

Notifiable data breaches

What is a Notifiable Data Breach?

14.1. A Notifiable Data Breach occurs when Personal information of an individual held by the Company is accessed by, or is disclosed to, an unauthorised person, or is lost, and:

• 1. a.a reasonable person would conclude that the unauthorised access or disclosure would likely result in serious harm to the relevant individual; or
  2. b.in the case of loss unauthorised access or disclosure of Personal information is likely to occur, and a reasonable person would conclude that the unauthorised access or disclosure would likely result in serious harm to the relevant individual.

Assessment

14.2. If the Company suspects that a Notifiable Data Breach has occurred, it will conduct a reasonable and expeditious assessment to determine if there are reasonable grounds to believe that a Notifiable Data Breach has occurred.

14.3. The Company will take all reasonable steps to ensure that the assessment is completed within 30 days of becoming aware of the suspected Notifiable Data Breach.

14.4. Please refer to the Notifiable Data Breach Procedure if you suspect a breach has occurred.

Notification

14.5. Subject to any restriction under the Act, in the event a Notifiable Data Breach occurs, the Company will, as soon as practicable, prepare a statement outlining details of the breach, and:

• 1. a.notify the individual of the unauthorised access, disclosure or breach; and
  2. b.notify the Office of the Australian Information Commissioner of the unauthorised access, disclosure or breach.

Complaints

15.1. You have a right to complain about the Company’s handling of your personal information if you believe the Company has breached the APPs.

15.2. If you wish to make such a complaint to the Company, you should first contact the Privacy Officer in writing. Your complaint will be dealt with in accordance with the Company’s complaints procedure and the Company will provide a response within a reasonable period.

15.3. If you are unhappy with the Company’s response to your complaint, you may refer your complaint to the Office of the Australian Information Commissioner.

Cookies and statistical analysis

16.1. We use cookies. When you use the enableHR platform or any of our services, certain information may be recorded for statistical purposes. Such information enables us to improve our products and services. The information that may be recorded includes information regarding your:

1. 1.server address;
2. 2.domain name;
3. 3.date and time of visit;
4. 4.previous websites visited; and
5. 5.browser type and operating system; and location data.
6. 6.More information about the types of cookies we use, why, and how you can control them please read our cookie notice.

Company and privacy officer contact details

The Company’s Privacy Officer can be contacted in the following ways:

Company Privacy Officer
​Telephone number: 02 9922 5188
​Email address: [email protected]
​Postal address: Level 11, 83 Mount Street, North Sydney NSW 2060