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Privacy Policy

Last Updated: 1st Jan 2025

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This Privacy Policy outlines how Orange Safe Pty Ltd, trading as EsafeX (“EsafeX”, “we”, “our”, or “us”), collects, uses, discloses, stores, and protects your personal information. We are committed to complying with all applicable privacy laws, including the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), and, where applicable, the European Union’s General Data Protection Regulation (GDPR). This policy applies to all users of our website (www.esafex.com), our mobile applications, and our services, including customers, partners, suppliers, employees, and contractors.

It can be viewed and available on our website in the footer section - Privacy Policy.

1. Collection of Personal Information

We collect personal information that is necessary for our business operations. The types of personal information we collect include:
- Identity Information: Full name, date of birth, government-issued identification
- Contact Information: Email address, mailing address, phone number
- Account Information: Username, passwords, authentication credentials
- Financial Information: Credit card and billing details for transactions
- Usage Information: IP address, browser type, pages visited, time spent on site
- Device Information: Device ID, operating system, mobile network information
- Communications: Any correspondence sent to or received from us
We may collect this information directly from you or automatically through cookies, log files, and similar tracking technologies.

2. Purpose of Collection and Use of Personal Information

EsafeX collects and uses personal information for the following purposes:
- To create and manage user accounts
- To verify your identity and ensure secure access
- To provide our digital services and features effectively
- To process payments and manage billing
- To provide customer service and respond to inquiries
- To detect, prevent, and investigate security breaches or fraud
- To comply with legal obligations and resolve disputes
- To conduct research, analytics, and improve our services

3. Legal Basis for Processing (Applicable to GDPR Users)

For users located in the European Union or United Kingdom, we process your personal information under the following legal bases:
- Your explicit consent
- Fulfilment of a contract or agreement with you
- Compliance with legal obligations
- Our legitimate interests that do not override your fundamental rights and freedoms

4. Disclosure of Personal Information

Third parties (e.g., Google Analytics, AWS) do not use personal data for their own purposes. No personal data is revealed to any service provider, other than for the purpose of transmission for storage and other purposes necessary to provide the features and functions.

 We may disclose your personal information to:
- Our employees, contractors, and service providers
- Third-party cloud hosting services (e.g., AWS, Azure)
- Payment processors (e.g., Stripe, PayPal)
- Analytics and tracking service providers (e.g., Google Analytics)
- Legal or regulatory bodies if required by law
- Prospective acquirers in the event of a merger or sale of the company
All third parties are contractually obligated to maintain confidentiality and handle your data in accordance with applicable privacy laws.

5. Overseas Data Transfers

EsafeX may transfer personal information to overseas recipients located in jurisdictions including but not limited to the United States, United Kingdom, and European Union. We ensure appropriate safeguards such as Standard Contractual Clauses or similar mechanisms are in place to protect your personal data.

6. Data Retention and Destruction

We retain your personal information to fulfil the purposes for which it was collected, or as required by law for recordkeeping, audit, legal or regulatory reasons. Information that is no longer needed will be securely destroyed or anonymised. If you want to delete data permanently from our system, please contact us on [email protected]

7. Security of Personal Information

EsafeX takes data security seriously. We implement robust technical and organisational measures including:
- Secure Socket Layer (SSL) encryption for all web transactions
- Regular vulnerability assessments and penetration testing
- Role-based access control and two-factor authentication (2FA)
- Physical and logical access controls for infrastructure
- Staff training in secure data handling

- Any sensitive information is password protected on local AWS servers in Australia and additional measures are taken to ensure the data is safe and secured.
However, no method of electronic transmission is entirely secure, and we cannot guarantee absolute security.

8. Use of Cookies and Tracking Technologies

We use cookies and similar technologies to improve user experience, analyze site usage, and provide relevant advertising. Cookies may be managed via your browser settings. You may disable some cookies, but doing so may impact functionality. Our Cookie Policy provides further information on this practice.

9. Direct Marketing

With your consent, we may use your personal information to send marketing communications, promotions, and updates. You may opt out at any time by using the unsubscribe link or contacting [email protected].

10. Access and Correction of Personal Information

You have the right to request access to or correction of your personal information held by EsafeX. To request access, correction, or deletion, please contact us at [email protected]. We will respond within 30 days of your request.

11. Your Rights Under the GDPR

If you are an EU or UK resident, you have the following rights:
- Right to access personal data
- Right to rectify inaccuracies
- Right to erasure ('right to be forgotten')
- Right to restrict or object to processing
- Right to data portability
- Right to withdraw consent at any time
To exercise these rights, email [email protected].

12. Data Breach Notification Obligations

In the event of a data breach that is likely to result in serious harm, we will promptly notify the Office of the Australian Information Commissioner (OAIC) and affected individuals in accordance with the Notifiable Data Breaches (NDB) scheme.

13. Third-Party Websites and Services

Our services may contain links to third-party websites or services. This policy does not apply to third-party practices, and we encourage you to review their privacy policies.

14. Policy Updates and Revisions

This policy may be updated periodically to reflect changes in legal requirements or our practices. We encourage you to review it regularly. The last updated date will always be posted at the top of the document.

15. Contact Information

For questions, complaints, or requests regarding this Privacy Policy, please contact:

We will action any complaints as soon as possible, our turnaround time can vary, but ensure that any complaints are addressed within the time frame as required by law.

Orange Safe Pty Ltd (EsafeX)
Email: [email protected]
Address: [Broadbeach, QLD 4218, Australia]

Terms and Conditions

Last updated: May 25, 2025

These Terms and Conditions (“Terms”) govern your access to and use of the EsafeX platform, operated by Orange Safe Pty Ltd (ABN: 94 663 575 764) (“EsafeX”, “we”, “us”, or “our”). By accessing or using our services, website (https://www.esafex.com), or mobile applications (collectively, the “Services”), you agree to be bound by these Terms and our Privacy Policy (www.eSafeX.com/privacy).

1. Acceptance of Terms

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Services.

2. Eligibility

You must be at least 18 years of age to use our Services. By using the platform, you represent that you have the legal capacity to enter into binding agreements.

3. Account Registration

To access certain features, you must create an account. You agree to provide accurate and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials.

4. Subscriptions, Payments, and Billing

EsafeX operates on a subscription model. By subscribing, you agree to pay all applicable fees in AUD using approved payment methods (Visa, Mastercard, Stripe, PayPal). Subscriptions auto-renew unless cancelled before the renewal date. You may cancel anytime through your account dashboard. A renewal notice will be sent to your registered email address, or in your account in the website.

5. Refund Policy

Refunds may be issued at our sole discretion in accordance with Australian Consumer Law. Contact [email protected] for assistance.

6. Acceptable Use

You agree not to misuse our Services. Prohibited actions include:
- Engaging in illegal or harmful activities
- Uploading malicious code or content
- Circumventing security features
- Violating intellectual property rights

7. User Data and Privacy

We handle your data in accordance with our Privacy Policy (https://www.esafex.com/privacy). You retain ownership of your content; however, you grant EsafeX a non-exclusive license to store and process it securely for service delivery.

8. Service Availability

We aim for 99.9% uptime but do not guarantee uninterrupted access. Scheduled maintenance or unforeseen outages may occur. EsafeX shall not be liable for downtime-related losses.

9. Intellectual Property

All content, trademarks, logos, and software are the property of EsafeX or its licensors. Unauthorized use, copying, or distribution is strictly prohibited.

10. Indemnity

You agree to indemnify and hold harmless EsafeX, its directors, employees, and partners from any claims, liabilities, or expenses arising from your use of the Services or breach of these Terms.

11. Limitation of Liability

To the extent permitted by law, EsafeX disclaims all warranties and shall not be liable for any indirect, incidental, or consequential damages. Our total liability shall not exceed the amount you paid us in the 12 months prior to the event giving rise to the claim.

12. Australian Consumer Law Notice

Nothing in these Terms limits your rights under the Australian Consumer Law. If a service fails to meet consumer guarantees, you are entitled to a remedy.

13. Termination

We reserve the right to suspend or terminate your account if you breach these Terms. You may cancel your account at any time via your user dashboard. We will notify you of any breach and provide a remedy before suspension/termination, unless the breach poses an immediate security risk.

14. Amendments to Terms

We may update these Terms periodically. Continued use of the Services constitutes your acceptance of the revised Terms. The current version will always be available at https://www.esafex.com/privacy.

We will notify you of material changes via email or in-app alerts before they take effect.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of Queensland, Australia. Disputes will be resolved through negotiation in good faith. If unresolved, parties agree to binding arbitration under Queensland law. Arbitration does not affect your rights to seek remedies under Australian Consumer Law through appropriate legal channels.

 

16. Contact Us

For questions about these Terms, please contact us at:

Orange Safe Pty Ltd (EsafeX)
Email: [email protected]
 

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