Terms & Conditions
In these terms and conditions, “we” “us” and “our” refers to piiq Digital Pty Ltd ABN 47 626 593 324.
These terms and conditions, as amended from time to time, are the terms and conditions for your use of our website and associated online channels, and phone and tablet applications (Apps) (in these terms and conditions, we refer to all of these as the Website). Separate terms and conditions apply to your purchase of our digital consultation methodology for hair salon services and the associated piiq product (Service and Product). We will provide you with these terms if you contact us to place an Order.
By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions (Terms).These Terms may be updated from time to time. You should check the Website for any changes.
1. Use of the Website
1.1 You must use the Website in accordance with these Terms. By using the Website
you warrant that you are over 18 and legally capable of entering into a binding contract, or, if under 18, that you have any necessary permissions from your guardian.
1.2 You are solely responsible and liable for all activity and communication on the Website initiated by yourself or via your registered account login (your Account).
1.3 You must not use the Website for any unlawful purpose, use the Website to engage in any offensive conduct or breach of a third party’s intellectual property rights or interfere with the Website’s operation or security.
1.4 You must keep your Account login details secure and confidential, and notify us immediately of any actual or suspected security breach.
1.5 If you use a workplace email address or facilities for your Account or to access the Website, then you are solely responsible for ensuring that you comply with your workplace rules.
1.6 You must not attempt to damage the Website in any way or introduce any virus or harmful code to the Website.
1.7 As we consider necessary in our discretion, we can temporarily or permanently restrict your access to the Website or revoke your Account.
1.8 We may change the Website from time to time in our discretion.
2. Information on the Website and our Service
2.1 For salon personnel, you may use the Website and our Service in relation to your hair salon business. You must not resell or distribute any aspect of our Website or Service. That doesn’t restrict you from providing services to your customer using our Website or Service as set out in the separate terms and conditions for our products and services.
2.2 While we use reasonable efforts to ensure the accuracy and completeness of the information included on the Website, you should use your own judgment and make your own enquiries about the suitability of the information for your business and your customers.
2.3 The Website may contain links to other third party websites. We do not endorse the content of these websites nor provide any warranties regarding the accuracy of their content.
3.1 Salon personnel can order our products and services, under a separate salon agreement, by contacting us.
4. Privacy and personal information
5.1 You indemnify us and our personnel from and against all losses and claims resulting from your breach of these Terms, any applicable law or any third party intellectual property rights.
5.2 To the extent permitted by law and except as set out in this clause 5, we exclude liability for any claims, losses, damage, cost or expense incurred by you in connection to your use of this Website. We do not warrant that the Website will be uninterrupted, error-free or free from viruses or harmful code.
5.3 To the extent permitted by law we exclude all representations and warranties, expressed or implied but not limited to those relating to fitness for a particular purpose. You acknowledge that the Website is provided "as is" and that we do not make any warranty or representation as to the suitability of the Website for any purpose.
5.4 You warrant and represent to us that you are purchasing our Product and Service for business use only and you are not acquiring our Product or Service for personal, domestic or household use or consumption.
5.5 Our products and services may come with guarantees that cannot be excluded under the Australian Consumer Law. You may have rights under the Australian Consumer Law for major and minor failures. In addition to other entitlements, for a major failure you may be entitled to a refund or compensation for the reduced value of the product or service. For a minor failure, we may choose to provide you with a refund or re-supply the product or service.
5.6 To obtain compensation, you will need to provide documentary evidence of the loss or damage suffered, and documentary evidence that such loss or damage was a reasonably foreseeable consequence of our failure to comply with a consumer guarantee under the Australian Consumer Law.
5.7 The type of remedy we will offer you may vary depending on how long it takes you to make a claim.
5.8 To the extent permitted by law, we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, negligence or otherwise unless that loss arises as a result of our own wilful negligence or wilful misconduct.
5.9 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, negligence or otherwise.
6. Intellectual property
6.1 The contents of the Website incorporate our intellectual property and you must not copy or reproduce them.
6.2 Any third party trade marks included in the Website are subject to the rights of the third party and remain the intellectual property of the third party.
6.3 If you provide any content to the Website, such as reviews, testimonials or other information, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, adapt and sub-license that content for our purposes and you provide all necessary consents in relation to moral rights to enable us to do so. You warrant that you have the right to provide this licence and consent in relation to all such content, and that the content is not misleading, defamatory or offensive, or otherwise contrary to law or an infringement of the rights of any third party.
7.1 These Terms will be governed by and construed in accordance with the laws in New South Wales, Australia. You hereby agree to submit to the non-exclusive jurisdiction of the courts having jurisdiction in that state and courts of appeal from them.
7.2 These Terms may be updated from time to time. You should check the Website for any changes.
1. Personal information
1.1 Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
2. Collection of personal information
2.1 We collect personal information for the purpose of conducting our business as a digital consultation service for hair salons and their customers and supplying and using our piiq product, including where you have provided information to us by:
registering or subscribing to our Website, Apps or Service;
uploading your information to our Apps;
using our piiq product in a salon;
placing an order through us, or through your salon to us;
providing your account details; and
2.2 The personal information that we collect may include:
your name and contact details including phone number, payment details, email address, residential address or mailing address;
for salon customers, your appointment history, the lifestyle analysis information you provide in using our piiq product, Apps and facial analysis information, pictures of you taken during your appointment and your finished look, products purchased through our piiq product, and the selfie you take on completion of your appointment;
any other personal information collected in the course of completing a transaction.
2.4 Our Website and Apps may contain links to third party websites. They may have their own privacy policies and we are not responsible for their treatment of your personal information.
3. Use of personal information
3.1 We collect, hold and use your personal information to provide our services to you, to recommend our goods and services to you, to improve our offerings, to maintain and develop our business systems and to assist in responding to your feedback or enquiries. We will not use your personal information for direct marketing activities but, if you are a salon personnel member, we may provide you with information relevant to the services we are providing to you and updates on those services. If you are a salon customer, we will not use your personal information to market or promote our services to you or to contact you.
3.2 We disclose personal information we collect for purposes which are incidental to the purposes outlined above in section 3.1. We may also need to disclose your personal information to our service providers who support our day-to-day business operations, but only for the purposes outlined above in section 3.1.
3.3 We may collect, hold, use and disclose your personal information for other purposes which are within reasonable expectations or permitted or required by law.
3.4 You may at any time opt-out of receiving marketing material by contacting us at //mkmglobal.github.io/www.piiqdigital.com/contact/ or by following the unsubscribe instructions on any marketing communication you receive from us. You accept that on receipt of your instructions to opt-out of receiving marketing material, removal from any marketing distribution lists may take several business days following the date of your request.
3.5 Your personal information may be provided to third parties that provide services to us, including companies providing services relating to our Website platform, Apps, payment gateway, cloud services, financing for your purchase if you are a salon, logistics and technology support. This may require providing your information to third parties located outside Australia. These disclosures will only be made for the purposes outlined above in section 3.1 and 3.2.
3.6 We may transfer your personal data outside your home country if required for the purposes set out above. This may include countries which do not provide the same level of protection as the laws of your home country (for example, the laws within Australia or the European Economic Area). Where applicable, we will make any such international transfers subject to appropriate or suitable safeguards as required by the General Data Protection Regulation (EU) 2016/679 or other relevant laws. This may include entering into the EU Standard Contractual Clauses which are available here. You may contact us at any time using the contact details below if you would like further information on these safeguards.
3.7 Personal information collected by salon personnel from salon customers, or via our Service or Apps, including customer images, is stored on the piiq cloud database. We use data encryption to maintain the security of the database in order to protect customers’ personal information from unauthorised access.
3.8 Customers’ personal information stored in our Service is only accessible by logging on to the piiq database using a four-digit security code. Salon personnel can only access the database from the piiq pod located within a salon and not from other devices.
3.9 Customers’ personal information stored in our Service may only be accessed by salon personnel for the purpose of performing services provided by the salon, including booking appointments and providing consultations.
3.10 When no longer required by us, unless required by law to retain it, reasonable steps will be taken by us to destroy or de-identify your personal information in a secure manner.
4. Accessing your personal information
4.1 You have a right to access and/or correct your personal information, subject to exceptions allowed by law. If you would like to do so, you may do so in writing by contacting us here. We reserve the right to charge a reasonable fee for searching for, and providing access to, your information on a per-request basis. We may require reasonable proof of your identity before providing access to, or correcting, information.
4.2 Where the laws applicable in your location require it, you may exercise the following data protection rights (without limiting your rights under clause 4.1): the right of deletion, the right to amend or rectify your personal data, the right to object to the use of your personal data, the right to restrict processing of your data, the right of access, and the right of portability.
5. Cookies and data
5.3 We may also use the Google Ads service to enable remarketing services, and Google UserID, demographic and interest reports. Information about you regarding your web usage behaviour is held by Google. Information from Google’s UserID service may be connected to other data that we hold about you.
5.4 Our Service may also use Facebook pixels for conversion tracking and custom audiences, in accordance with Facebook’s terms which can be viewed here.
7. Contact details