Part A: Privacy Policy

1. Commitment to Privacy

Giving Intelligence Pty Ltd ("we," "us," "our") is committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). This Privacy Policy explains how we collect, use, disclose, and safeguard your information.

2. Information Collection and Use

2.1. Information We Collect

1. Account Information: Names, email addresses, mobile numbers, ABN/ACN
2. Verification Data: Business registration details, bank account information
3. Transaction Data: Payment amounts, timestamps, device identifiers
4. Technical Data: IP addresses, device information, usage analytics

2.2. How We Use Information

1. Provide and maintain Givee™ services
2. Process payments and settlements
3. Verify identity and prevent fraud
4. Comply with legal obligations
5. Communicate service updates and support

2.3. Legal Basis for Processing

We process personal information based on:

1. Contractual necessity
2. Legal obligations
3. Legitimate business interests
4. Explicit consent where required

3. Australian Privacy Principles Compliance

We comply with all 13 Australian Privacy Principles, including:

1. Open and transparent management of personal information
2. Anonymity option where lawful and practicable
3. Collection limitation to necessary information only
4. Data quality ensuring accuracy and currency
5. Security safeguards against misuse and unauthorized access
6. Access and correction rights for individuals
7. Cross-border disclosure controls

4. Data Subject Rights

You have the right to:

1. Access your personal information we hold
2. Correct inaccurate or outdated information
3. Request deletion subject to legal retention requirements
4. Object to processing in certain circumstances
5. Data portability in machine-readable format
6. Lodge complaints with us or the Office of the Australian Information Commissioner (OAIC)

To exercise these rights, contact: team@givee.app

5. Data Retention

1. Transaction records: Minimum 7 years (ATO requirement)
2. Account information: Duration of account plus 7 years
3. Technical logs: 12 months
4. Marketing communications: Until opt-out

6. Data Security

We implement industry-standard security measures including:

1. Encryption in transit and at rest
2. Access controls and authentication
3. Regular security assessments
4. Staff training on data protection
5. Incident response procedures

7. Third-Party Services

7.1. Payment Processing

Stripe Inc. processes all payments. Review Stripe's privacy policy at https://stripe.com/privacy

7.2. International Data Transfers

Data may be transferred to countries including the United States. We ensure appropriate safeguards through:

1. Contractual protections
2. Adequacy assessments
3. Your explicit consent where required

8. Data Breach Notification

In the event of an eligible data breach:

1. Assessment: Within 72 hours of awareness
2. Containment: Immediate action to limit harm
3. Notification: Affected individuals and OAIC as required
4. Support: Assistance and remediation measures

9. Children's Privacy

Users under 16 must have parental/guardian consent. We do not knowingly collect information from children under 13 without verifiable parental consent.

10. Cookies and Tracking

We use essential cookies only. You can control cookies through browser settings, though this may affect functionality.

11. Updates to Privacy Policy

We may update this policy periodically. Material changes will be notified via email or app notification. Continued use after changes constitutes acceptance.

12. Privacy Contact

Privacy Officer
Giving Intelligence Pty Ltd
Email: team@givee.app

External Complaints
Office of the Australian Information Commissioner
Phone: 1300 363 992
Website: www.oaic.gov.au

Part B: Terms of Service

1. Acceptance of Terms

By accessing or using Givee™, you agree to these Terms of Service. If you disagree with any part, you must not use our services.

2. Definitions

1. "Entity": Any business, non-profit organization, or individual using Givee™
2. "Services": The Givee™ application, devices, and related services
3. "Platform Fees": Fees charged by Giving Intelligence Pty Ltd
4. "User": Any person interacting with Givee™

3. Service Description

Givee™ facilitates contactless payment collection and customer engagement through dedicated devices or bring-your-own-device solutions. The service enables secure tap-to-pay transactions processed through Stripe.

4. Eligibility and Registration

4.1. Entity Eligibility

1. Valid ABN or ACN
2. Australian bank account
3. Compliance with ATO requirements
4. Successful Stripe verification

4.2. User Eligibility

1. No age restriction with parental consent for under-16s
2. Compliance with applicable laws
3. Entities responsible for ensuring appropriate use

5. Account Responsibilities

You agree to:

1. Provide accurate, current information
2. Maintain confidentiality of credentials
3. Notify us immediately of unauthorised access
4. Accept responsibility for all account activity

6. Payment Terms

6.1. Payment Processing

1. Payments processed via Stripe's secure platform
2. Settlement typically within 2–5 business days
3. Subject to Stripe's terms and processing fees

6.2. Funds Handling

1. Standard Settlement: 2–5 business days to nominated account
2. Verification Pending: Funds held in segregated trust account
3. Maximum Hold: 30 days subject to AML/CTF requirements

6.3. Verification Requirements

All entities must complete Stripe verification including:

1. Identity verification
2. Business verification
3. Bank account verification
4. AML/CTF compliance checks

6.4. Subscription and Platform Fees

1. Monthly Subscription Fees: Charged on the same day each month via direct debit or stored payment method
2. Yearly Subscription Fees: Charged upfront annually on the subscription anniversary date
3. Platform Fees: Deducted from each transaction before settlement
4. Failed Payments: Service may be suspended until payment is received

6.5. Unclaimed Funds

1. Final notification attempt
2. Additional 30-day holding period

Part C: End User License Agreement (EULA)

1. License Grant

Subject to these terms, Giving Intelligence Pty Ltd grants you a limited, non-exclusive, non-transferable, revocable license to use Givee™ solely for authorized business purposes.

2. License Restrictions

You must not:

1. Copy, modify, or create derivative works
2. Reverse engineer, decompile, or disassemble
3. Remove proprietary notices or labels
4. Commercialize or sublicense the application
5. Use for competitive analysis or benchmarking
6. Attempt to gain unauthorized access
7. Violate applicable laws or regulations

3. Intellectual Property Rights

3.1 Ownership

All rights, title, and interest in Givee™ remain with Giving Intelligence Pty Ltd and its licensors.

3.2 Feedback

Any feedback provided becomes our property without compensation or attribution obligation.

3.3 Trademarks

No right to use trademarks without prior written consent.

4. Updates and Maintenance

4.1 Automatic Updates

The application may automatically download and install updates. By using Givee™, you consent to automatic updates.

4.2 Support

Email and phone support are available during business hours (9 AM – 5 PM AEST, Monday–Friday).

5. Device-Specific Terms

5.1 Provided Hardware

1. Devices provided under Monthly or Yearly Subscription plans remain property of Giving Intelligence Pty Ltd
2. Consumer guarantees apply under ACL
3. 12-month warranty from delivery
4. Replacement or repair for defects
5. Devices must be returned upon subscription cancellation
6. Return requirements and procedures apply

5.2 Bring-Your-Own-Device

1. Minimum technical requirements apply
2. User responsible for device maintenance
3. Compatibility not guaranteed for all devices
4. Requires download of Givee™ application

5.3 Device Purchase via Fee Agreement

1. Device ownership transfers to customer upon reaching AUD $1200 transaction target
2. After ownership transfer, all maintenance and servicing costs are customer's responsibility
3. Warranties and service obligations from Giving Intelligence Pty Ltd become void after ownership transfer

6. Data Collection and Privacy

Use of Givee™ is subject to the Privacy Policy. By using Givee™, you consent to data practices described in the Privacy Policy.

7. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES EXCEPT NON-EXCLUDABLE CONSUMER GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW.

8. Limitation of Liability

See Section 13 of the Terms of Service for applicable liability limitations.

9. Termination

9.1 Termination Events

This license terminates upon:

1. Your breach of this agreement
2. Account termination
3. Service discontinuation
4. Written notice by either party

9.2 Effect of Termination

Upon termination:

1. Your breach of this agreement
2. Account termination
3. Service discontinuation
4. Written notice by either party
5. Cancellation of subscription (for Monthly or Yearly Subscription plans)

10. Export Compliance

You agree to comply with all applicable export and import laws and regulations.

11. Third-Party Services

Givee™ may interact with third-party services. We are not responsible for their terms, practices, or availability.

12. Governing Law

This EULA is governed by the laws of New South Wales, Australia, without regard to conflict of law principles.

13. Amendments

We may update this EULA periodically. Material changes require user acceptance to continue using Givee™.

14. Contact

For EULA-related inquiries, contact: team@givee.app

Part D: Additional Policies

1. Acceptable Use Policy

Users must not engage in activities that:

1. Violate laws or regulations
2. Infringe intellectual property rights
3. Distribute malware or harmful code
4. Compromise system security
5. Harass or harm others
6. Facilitate illegal transactions
7. Violate card network rules

2. PCI DSS Compliance

We maintain PCI DSS compliance through:

1. Secure network architecture
2. Strong access controls
3. Regular security testing
4. Information security policies

3. Complaints Handling

Internal Process

1. Submit complaint: team@givee.app
2. Acknowledgment: Within 2 business days
3. Investigation: 5–10 business days
4. Resolution: Written response with outcome

External Options

1. Australian Financial Complaints Authority
2. Office of the Australian Information Commissioner
3. State fair trading offices

4. Accessibility Statement

Givee™ strives to meet WCAG 2.1 Level AA standards. For accessibility support, contact: team@givee.app

Part E: Acknowledgment and Acceptance

Schedule 1: Fee Structure Summary

Launch Rate Period: Launch rates valid until 31 December 2025, 11:59 PM AEST.