Our Legals
Terms of Use
This website (Site) is operated by Cloud People Pty Ltd t/as Heropa (ABN: 87 143 012 908) (we, our or us). These website terms of use (Terms) apply to your use of, and access to, the Site.
Information and availability
While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.
Intellectual Property rights
Unless otherwise indicated, we own or license the Content and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).
We authorise you to access and use the Site solely for your own personal use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.
You must not use the Site, or any of the Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity and you must not use the Site, including the Content, in any way that competes with our business.
Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:
(a) copy or use, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or
(c) breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.
Nothing in the above clause restricts your ability to publish, post or repost Content or Our Intellectual Property on your social media page or blog, provided that:
(d) you do not assert that you are the owner of the Content or Our Intellectual Property;
(e) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(f) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(g) you comply with all other terms of these Terms.
Conduct we do not accept
You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:
(a) anything that would constitute a breach of an individual’s privacy or any other legal rights;
(b) using the Site to defame, harass, threaten, menace or offend any person;
(c) using the Site for unlawful purposes;
(d) interfering with any user of the Site;
(e) tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
(f) using the Site to send unolicited electronic messages
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(h) facilitating or assisting a third party to do any of the above acts.
Third party sites
The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
Our liability is limited
You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content.
Privacy
We respect your privacy and understand protecting your personal information is important. Our Privacy Policy (available on the Site) sets out how we will collect and handle your personal information.
What happens if we discontinue the Site
We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.
Which laws govern these Terms
These Terms are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Changes to these Terms
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.
For any questions and notices, please contact us at:
Privacy Policy
Cloud People Pty Ltd (ABN 87 143 012 908) (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us when providing our website and “Heropa” software as a service (Services) or when otherwise interacting with you.
This Privacy Policy takes into account the requirements of the Privacy Act 1988 (Cth) and the Australian Privacy Principles. In addition to the Australian laws, individuals located in the European Union or European Economic Area (EU) may also have rights under the General Data Protection Regulation 2016/679 and individuals located in the United Kingdom (UK) may have rights under the General Data Protection Regulation (EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018) (together, the GDPR). Appendix 1 outlines the details of the additional rights of individuals located in the EU and UK as well as information on how we process the personal information of individuals located in the EU and UK.
The information we collect
Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
The types of personal information we may collect about you include:
- Identity Data including first name, middle name, last name, title, date of birth, and company name.
- Contact Data including billing address email address and telephone numbers.
- Financial Data including bank account and payment card details (through our third party payment processor).
- Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us.
- Technical and Usage Data including internet protocol (IP) address, your login data, your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour, information about your access and use of our website, including through the use of Internet cookies, your communications with our website, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider.
- Profile Data including your username and password for our Services, purchases or orders you have made with us, support requests you have made, content you post, send receive and share through our platform, information you have shared with our social media platforms, your interests, preferences, feedback and survey responses.
- Interaction Data including information you provide to us when you participate in any interactive features of our Services, including surveys, contests, promotions, activities or events.
- Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. We do not actively request sensitive information about you. If at any time we need to collect sensitive information about you, unless otherwise permitted by law, we will first obtain your consent and we will only use it as required or authorised by law.
How we collect personal information
We collect personal information in a variety of ways, including:
- Directly: We collect personal information which you directly provide to us, including when you register for an account, through the ‘Request a Demo’ form on our website or when you request our assistance via email, or over the telephone.
- Indirectly: We may collect personal information which you indirectly provide to us while interacting with us, such as when you use our website, in emails, over the telephone and in your online enquiries.
- From third parties: We collect personal information from third parties, such as from our analytics providers, cookie providers and marketing providers.
Why we collect, hold, use and disclose personal information
We have set out below, in a table format, a description of the purposes for which we plan to collect, hold, use and disclose your personal information.
Purpose of use / disclosure | Type of Personal Information |
To enable you to access and use our software, including to provide you with a login. | · Identity Data · Contact Data |
To contact and communicate with you about our Services including in response to any support requests you lodge with us or other enquiries you make with us. | · Identity Data · Contact Data · Profile Data |
To contact and communicate with you about any enquiries you make with us via our website. | · Identity Data · Contact Data |
For internal record keeping, administrative, invoicing and billing purposes. | · Identity Data · Contact Data · Financial Data · Transaction Data |
For analytics, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms. | · Profile Data · Technical and Usage Data |
For advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you. | · Identity Data · Contact Data · Technical and Usage Data · Profile Data · Marketing and Communications Data |
To run promotions, competitions and/or offer additional benefits to you. | · Identity Data · Contact Data · Profile Data · Interaction Data · Marketing and Communications Data |
To comply with our legal obligations or if otherwise required or authorised by law. | Any relevant Personal Information |
Sensitive information: While we do not ordinarily collect sensitive information, where we do collect sensitive information, we only collect, hold, use and disclose it for the following purposes:
| Sensitive Information |
Our disclosures of personal information to third parties
We may disclose personal information to:
- our employees, contractors and/or related entities;
- IT service providers, data storage, web-hosting and server providers such as Amazon Web Services;
- marketing or advertising providers such as Google;
- professional advisors, bankers, auditors, our insurers and insurance brokers;
- payment systems operators such as Stripe;
- our existing or potential agents or business partners;
- anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
- courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
- courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
- third parties to collect and process data, such as Google Analytics, Meta Pixel or other relevant analytics businesses; and
- any other third parties as required or permitted by law, such as where we receive a subpoena.
Google Analytics: We and third-party vendors may use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together.
- You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here. To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.
Overseas disclosure
We store personal information in the United States of America. Where we disclose your personal information to the third parties listed above, these third parties may also store, transfer or access personal information outside of the United States of America, including but not limited to, Australia. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.
Your rights and controlling your personal information
Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.
Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you also have the right to contact the Office of the Australian Information Commissioner.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.
Cookies
We may use cookies on our website from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
For more information about the cookies we use, see our Cookings & Tracking Notice.
Links to other websites
Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Use of geolocation data
We collect your precise or approximate location for the following purposes:
- for security and safety;
- to prevent and detect fraud; and
- as permitted by law.
We collect this information when you use our Services. If you do not want us to use your location for the purposes above, you should turn off the location services on your device. If you do not provide geolocation data to us, we may not be able to provide our Services to you.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.
For any questions and notices, please contact us at:
Cloud People Pty Ltd t/as Heropa ABN 87 143 012 908
Email: [email protected]
Last update: 11 April 2023
GDPR
Privacy Policy Appendix 1:
Additional rights and information for individuals located in the EU or UK
Under the GDPR individuals located in the EU and the UK have extra rights which apply to their personal information. Personal information under the GDPR is often referred to as personal data and is defined as information relating to an identified or identifiable natural person (individual). This Appendix 1 sets out the additional rights we give to individuals located in the EU and UK, as well as information on how we process the personal information of individuals located in the EU and UK. Please read the Privacy Policy above and this Appendix carefully and contact us at the details at the end of the Privacy Policy if you have any questions.
What personal information is relevant?
This Appendix applies to the personal information set out in the Privacy Policy. This includes any Sensitive Information also listed in the Privacy Policy above which is known as ‘special categories of data’ under the GDPR.
Purposes and legal bases for processing
We collect and process personal information about you only where we have legal bases for doing so under applicable laws. We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please reach out to us if you need further details about the specific legal ground, we are relying on to process your personal information where more than one ground has been set out in the table below.
| Purpose of use / disclosure | Type of Data | Legal Basis for processing |
| To enable you to access and use our software, including to provide you with a login. | · Identity Data · Contact Data | · Performance of a contract with you |
| To assess whether to take you on as a new client, including to perform anti-money laundering, anti-terrorism, sanction screening, fraud and other background checks on you. | · Identity Data · Contact Data | · Performance of a contract with you · To comply with a legal obligation · Public interest · Legitimate interests: ensuring we do not deal with proceeds of criminal activities or assist in any other unlawful or fraudulent activities for example terrorism |
| To provide our Services to you. | · Identity Data · Contact Data | · Performance of a contract with you |
| To contact and communicate with you about our Services including in response to any support requests you lodge with us or other enquiries you make with us. | · Identity Data · Contact Data · Profile Data | · Performance of a contract with you |
| To contact and communicate with you about any enquiries you make with us via our website. | · Identity Data · Contact Data | · Legitimate interests: to ensure we provide the best client experience we can offer by answering all of your questions. |
| For internal record keeping, administrative, invoicing and billing purposes. | · Identity Data · Contact Data · Financial Data · Transaction Data | · Performance of a contract with you · To comply with a legal obligation · Legitimate interests: to recover debts due to us and ensure we can notify you about changes to our terms of business and any other administrative points. |
| For analytics including profiling on our website, market research and business development, including to operate and improve our Services, associated applications and associated social media platforms. | · Profile Data · Technical and Usage Data | · Legitimate interests: to keep our website updated and relevant, to develop our business, improve our Services and to inform our marketing strategy |
| For advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you. | · Identity Data · Contact Data · Technical and Usage Data · Profile Data · Marketing and Communications Data | · Legitimate interests: to develop our Services and grow our business |
| To run promotions, competitions and/or offer additional benefits to you. | · Identity Data · Contact Data · Profile Data · Interaction Data · Marketing and Communications Data | · Legitimate interests: to facilitate engagement with our business and grow our business |
| To comply with our legal obligations or if otherwise required or authorised by law. | · To comply with a legal obligation |
If you have consented to our use of data about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your data because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using our services. Further information about your rights is available below.
Data transfers
The countries to which we send data for the purposes listed above may be less comprehensive that is what is offered in the country in which you initially provided the information. Where we transfer your personal information outside of the country where you are based, we will perform those transfers using appropriate safeguards in accordance with the requirements of applicable data protection laws and we will protect the transferred personal information in accordance with this Privacy Policy and Appendix 1. This includes:
- only transferring your personal information to countries that have been deemed by applicable data protection laws to provide an adequate level of protection for personal information; or
- including standard contractual clauses in our agreements with third parties that are overseas.
Extra rights for EU and UK individuals
You may request details of the personal information that we hold about you and how we are process it (commonly known as a “data subject request”). You may also have a right in accordance with applicable data protection law to have your personal information rectified or deleted, to restrict our processing of that information, to object to decisions being made based on automated processing where the decision will produce a legal effect or a similarly significant effect on you, to stop unauthorised transfers of your personal information to a third party and, in some circumstances, to have personal information relating to you transferred to you or another organisation.
If you are not happy with how we are processing your personal information, you have the right to make a complaint at any time to the relevant Data Protection Authority based on where you live. We would, however, appreciate the chance to deal with your concerns before you approach the Data Protection Authority, so please contact our Data Protection Representative in the first instance at https://www.datarep.com/data-request/.
Data Sub-Processors
On this page, we maintain a current list of Sub-processors authorized to process customer data, in order to provide Heropa’s solution in accordance with the applicable services required.
List of sub-processors
| Sub-processor | Country | Purpose | Website |
| Airwallex | Australia | Customer payments | https://www.airwallex.com/ |
| Amazon AWS | USA | Cloud infrastructure | https://aws.amazon.com/ |
| Atlassian | Australia | Data hosting | https://www.atlassian.com/ |
| Cloudflare | USA | Web application firewall | https://www.cloudflare.com/ |
| Hubspot | USA | Sales and marketing | https://www.hubspot.com/ |
| Microsoft | USA | Data hosting, Email delivery services | https://www.microsoft.com |
| Sentry | USA | Error logs | https://sentry.io/ |
| Slack | USA | Communications | https://slack.com |
| Twilio | USA | Communications technology | https://www.twilio.com/ |
| Xero | USA | Accounting | https://www.xero.com/ |
| Zendesk | USA | Customer Support | https://www.zendesk.com/ |
Cookies & Tracking Notice
Heropa and our third party partners, such as our advertising and analytics partners, use various technologies to collect information, such as cookies and web beacons.
What types of technologies do we use?
We use cookies, web beacons and other technologies to improve and customize our products and websites (“the Services”) and your experience; to allow you to access and use the Services without re-entering your username or password; to understand usage of our Services and the interests of our customers; to determine whether an email has been opened and acted upon; and to present you with advertising relevant to your interests.
How do we use them?
- Where strictly necessary. These cookies and other technologies are essential in order to enable the Services to provide the feature you have requested, such as remembering you have logged in.
- For functionality. These cookies and similar technologies remember choices you make such as language or search parameters. We use these cookies to provide you with an experience more appropriate with your selections and to make your use of the Services more tailored.
- For performance and analytics. These cookies and similar technologies collect information on how users interact with the Services and enable us to improve how the Services operate. For example, we use Google Analytics cookies to help us understand how visitors arrive at and browse our products and website to identify areas for improvement such as navigation, user experience, and marketing campaigns.
- Targeting Cookies or Advertising Cookies. These cookies collect information about your browsing habits in order to make advertising relevant to you and your interests. They remember the websites you have visited and that information is shared with other parties such as advertising technology service providers and advertisers.
- Social media cookies. These cookies are used when you share information using a social media sharing button or “like” button on our websites or you link your account or engage with our content on or through a social media site. The social network will record that you have done this. This information may be linked to targeting/advertising activities.
How can you opt-out?
To opt-out of our use of cookies, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of our Services. Heropa and our third party partners also collect information using web beacons (also known as “tracking pixels”).
Many browsers include their own management tools for removing HTML5 local storage objects. You may be able to opt out of receiving personalized advertisements as described in the Privacy Policy under “Your rights and controlling your personal information.”
You will not be able to opt-out of any cookies or other technologies that are “strictly necessary” for the Services.
