Gensolve’s
Privacy Policy

Last updated: February 2022

For the purposes of this Privacy Policy, “Gensolve”, “we”, “us” and “our” means, in the case of persons located in:

(a)                 the European Union, Gensolve Practice Manager UK (Company No. BR020633 / FC035548), a company located at 83 Victoria Street, London SW1H 0HW, UK;

(b)                 New Zealand, GPM Australia Pty Ltd (NZBN 9429046799999), a company located at 61 Robert Street, Whangarei, New Zealand; or

(c)                 any other jurisdiction, Gensolve Australia Pty Ltd (ACN 625 314 721), a company located at S1, Level 2 The Precinct, 12 Browning Street, Brisbane 4101, Australia.

We recognise that the privacy of your personal information is important and we are committed to protecting the privacy of any personal information we collect from you.

This Privacy Policy sets out the basis on which we will process any personal information or usage information we collect from you, or that you provide to us, in connection with your use of our website at gensolve.com (Website), your use of the Gensolve Practice Manager software (Software), and our supply of professional services (Services) (together, Gensolve Products).

Here is a summary of the information contained in this privacy policy. This summary is to help you navigate the Privacy Policy and it is not a substitute for reading the full document.  You can use the hyperlinks below to jump directly to specific sections.

What information do we collect from you?

If you or your employer register an account to use Software then we will need some information from you to set this up, including your full name, business title or occupation and contact details.  When you use the Software, we automatically collect any information about you, your customers, business contacts or other persons uploaded to the Software. When we supply the Services, we may collect information in the course of that supply. When you visit our Website we automatically collect the information sent to us by your computer, mobile phone or other device, including your internet address, domain name if applicable, and the date and time of your visit to our website.  If you (as a customer or prospective customer) get in touch with us then we will also retain some information so that we can establish and maintain a business relationship with you, including as necessary for us to get back in touch with you and address any concerns. More information.

How will we use your information?

We use your information to administer the Website, to supply the Services and to provide the many functions and services that comprise the Software. We also use your information for account verification, security purposes and to support and improve the Gensolve Products. We do not share your information with any third parties, except where we need to in order to provide the Gensolve Products (e.g., use local cloud providers or to back up your data; use our affiliates around the world to help us to deliver the Website or Software) or monitor the success of our marketing and advertising programs, or we are instructed to by a court, authority or compelled by law. More information.

Who do we share your information with?

We use some third parties to help us deliver the best possible experience (e.g., cloud services to back up your data and support services). When we use a third party, we only do this to process or store your information for the purposes described in this Privacy Policy. We also have affiliates around the world who help us deliver the Gensolve Products and we may be required by a court or legal obligation to disclose certain information in some circumstances. More information.

Where do we process your information?

Our servers are located in Sydney, Australia and London, England. Your information can be accessed from outside of where you live by our staff, support, engineering and other teams around the world, including Australia and New Zealand. More information.

How long do we keep hold of your information?

We generally retain your information for the period during which you maintain an account for the Software and up to 10 years thereafter, after which time your data is deleted (as further described in this Privacy Policy), unless otherwise required by applicable laws. More information.

How can I exercise my rights over my information?

Depending on where you are, you may have certain rights with respect to your information, such as rights of access, to receive a copy of your data, or to delete your data or restrict or object to our processing of your data. More information.

How to get in touch with us

If you have any questions about anything in this Privacy Policy, or want to exercise any rights you may have, please contact us here.

How will we notify you of changes?

Changes to this Privacy Policy will be posted here. Please check this page frequently to see if there are any updates or changes to this Privacy Policy. More information.

Contact information

Data Controller: Gensolve – Email: support@gensolve.com

UK Representative:  Gensolve Practice Manager UK – Email: TBA

EU Representative:  – Email: TBA

Welcome to Gensolve!

This Privacy Policy explains the when, how and why when it comes to processing of your personal information with your use of the Gensolve Products, and sets out your choices and rights in relation to that information. Please read it carefully – it is important for you to understand how we collect and use your information, and how you can control it.

If you do not agree to the processing of your personal information in the way this Privacy Policy describes, please do not provide your information when requested and stop using the Gensolve Products. By using the Gensolve Products you are acknowledging our rules regarding your personal information as described in this Privacy Policy.

The Gensolve Products have been developed or are otherwise supplied by Gensolve.

For the purpose of data protection laws, the data controller of your personal information in relation to the Gensolve Products is Gensolve. Our representatives for data protection purposes in certain jurisdictions are as follows:

RegionNameAddressPhone numberEmail
United KingdomGensolve Practice Manager UK83 Victoria Street, London SW1H 0HW, UKTBATBA

Please reach out to us if you have any questions or concerns regarding the processing of your personal information using the details above.

1                     The types of personal information we collect

This section describes the different types of personal information we collect from you and how we collect it. If you would like to know more about specific types of data and how we use that data, please see the section entitled How we use your personal information below.

The following is a high-level summary of the types of personal information we use:

1.1                Information you provide to us (either directly or through a third party)

(a)                 Account registration information: You give us information about you when you or your employer set up an account to register for the Software: your salutation, your date of birth, your full name, business title/occupation and contact details (address, telephone numbers and business email address).

(b)                 Customer information: You may upload information about you, your customers, business contacts or other persons into the Software for the purposes of health practice management. You may also provide us with that same information in the course of our supply the Services.

(c)                 Customer support, sales and feedback information: Relevant information that you provide to us when you communicate with our customer service or sales personnel, when you give us reviews or feedback or when you provide information to us through the Website.

1.2                Information about you generated as part of the Software

We automatically collect certain data from you when you use the Software, namely:

(a)                 your IP address, Open ID and device information, including device ID, platform and Advertising ID) and information regarding your use of the Software;

(b)                 each time you interact with us, for example, if you contact our support team or use the Gensolve support ticketing system, we collect information including your name, Open ID, and details of the ticket and error. You also have the option of providing your email address and a photo to illustrate the error; and

(c)                 when you are using the Software, our security feature collects an audit trail of the Software features that you accessed during the session(s) (in addition to the categories of data listed above).

2                     Cookies

We use cookies and other similar technologies (e.g. web beacons, log files, scripts and eTags) (Cookies) to enhance your experience using the Website. Cookies are small files which, when placed on your device, enable us to provide certain features and functionality.

For more information about our Cookies policy, click here.

3                     Children

Children must not use the Website or Software for any purpose, except where their parent or guardian has provided consent (to the extent this option is available in your jurisdiction).

By children, we mean users under the age of 18 years old; or in the case of a country where the minimum age for processing personal information differs, such different age. For users located in certain countries we have listed the relevant minimum age in the table below.

Country in which the user is located

Minimum age of the user

Australia

18

European Economic Area/United Kingdom/Switzerland

16

United States

16

We do not knowingly collect personal information from children under these ages for any purpose. If you believe that we have personal information of a child under these ages without parental/guardian consent, or if you are the parent or guardian of the user and wish to withdraw consent, please contact us at support@gensolve.com and we will delete such information, unless otherwise required by applicable laws.

4                     How we use your personal information

This section provides more detail on the types of personal information we collect from you, and why. For users who live in the United Kingdom, the European Economic Area or Switzerland (Relevant Jurisdiction), it also identifies the legal basis under which we process your data.

Personal informationUseLegal basis (Relevant Jurisdictions only)

Information you provide to us (either directly or through a third party)

Salutation, date of birth, full name, business title/occupation and contact details (address, telephone numbers and business email address).

We use this information to:

·         comply with our legal obligations;

·         perform our contract with you, including as necessary to supply the Gensolve Products;

·         carry out marketing, market research and business development;

·         internal Gensolve group administrative purposes;

·         respond to your enquiries, complaints, or other communications with customer service or sales personnel;

·         keep a record of our dealings with you; or

·         create your account for the Software in accordance with your request.

Necessary to perform our contract with you to provide the Gensolve Products.

Health Information pertaining to any injury or condition for which a client is receiving treatment such as medical history, ACC or Medicare claims information etc

We use this information to provide you with the Software or Services.

Necessary to perform our contract with you to provide the Software or Services.

Information generated as part of the Software

Open ID

We use this information to store your customer data with your Software account.

Necessary to perform our contract with you to provide the Software.

IP Address

We use this information to allow you to connect to our server.

Necessary to perform our contract with you to provide the Software.

Log Data (When you use the Software, the system records usage in the form of activity logs. This includes reference to your system username and the relevant action you took on the system.)

We use this information to:

·         maintain a record of log-in and actions of your account;

·         improve our Software, including the functionality of the Software; or

·         for security, audit and verification purposes.

Necessary to perform our contract with you to provide the Software and retain your record of progress and to provide security audit where required.

Customer Support Ticket ID & User Communications with Support: Name, Open ID, email address, details of ticket and error.

We use this information to:

·         allow you to use the Gensolve support ticketing system;

·         improve our Software; or

·         provide troubleshooting, such as addressing and remediating technical issues and bugs.

Necessary to perform our contract with you to provide and support the Software.

5                     How we store and share your personal information

The Gensolve group operates around the world. Pursuant to our contract with you to provide you with the Software or Services, your personal information will be processed on servers that may not be located where you live. No matter where our servers are located, we take appropriate measures to safeguard your rights in accordance with this Privacy Policy. Our servers for the Website and Software are located in:

(a)                 Sydney, Australia and

(b)                 London, England.

In addition, your information can be accessed from outside of where you live by our support, engineering and other teams around the world, including Australia and New Zealand.

Only where necessary will we share your personal information with third parties. Situations where this occur are:

(a)                 third parties that provide services in support of the Gensolve Products, including providers of cloud services that process information identified in this policy on their servers for the purpose of providing the Website or Software, for the purpose of processing support ticket ID and support communication, and for the purpose of providing marketing and advertisements and monitor the success of our marketing and advertising programs. All companies providing services for us are prohibited from retaining, using, or disclosing your personal information for any purpose other than providing us with their services;

(b)                 companies within the Gensolve corporate group who process your personal information in order to supply the Gensolve Products. All related group companies may only use your personal information in accordance with this Privacy Policy;

(c)                 regulators, judicial authorities and law enforcement agencies, and other third parties for safety, security, or compliance with the law. There are circumstances in which we are legally required to disclose information about you to authorities, such as to comply with a legal obligation or processes, enforce our terms, address issues relating to security or fraud, or protect our users. These disclosures may be made with or without your consent, and with or without notice, in compliance with the terms of valid legal process such as a subpoena, court order, or search warrant. We are usually prohibited from notifying you of any such disclosures by the terms of the legal process. We may seek your consent to disclose information in response to a governmental entity’s request when that governmental entity has not provided the required subpoena, court order, or search warrant. We may also disclose your information to:

(i)                   enforce our terms and conditions and other agreements, including investigation of any potential violation thereof;

(ii)                  detect, prevent or otherwise address security, fraud or technical issues; or

(iii)                 protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction); or

(d)                 a third party that acquires all or substantially all of us or our business. We may also disclose your information to third parties if we either:

(i)                   sell, transfer, merge, consolidate or re-organise any part(s) of our business, or merge with, acquire or form a joint venture with, any other business, in which case we may disclose your data to any prospective buyer, new owner, or other third party involved in such change to our business; or

(ii)                  sell or transfer any of our assets, in which case the information we hold about you may be sold as part of those assets and may be transferred to any prospective buyer, new owner, or other third party involved in such sale or transfer.

5.2                The security of your personal information

We are committed to maintaining the privacy and integrity of your personal information no matter where it is stored. We have information security and access policies that limit access to our systems and technology, and we protect data through the use of technological protection measures such as encryption.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will implement and maintain reasonable measures to protect your personal information, we cannot guarantee the security of the information transmitted through the Website, Software or otherwise via the Internet; any transmission is at your own risk.

6                     Data retention

We do not keep your data for longer than is necessary unless we are required to do so under law. For further details on how long we keep your data, please refer to the time periods set out below.

Personal information 
Salutation, full name, date of birth, business title/occupation and contact details (address, telephone numbers and business email address).Ten years following  termination of this agreement
Personal information uploaded to the Software for health practice management or provided to us in the course of our supply of the Services.Ten years following  termination of this agreement
Customer Support Ticket ID & User Communications with Support, Open ID, IP Address and Log DataTen years following  termination of this agreement

If we are required to retain your information beyond the retention periods set out above, for example to comply with applicable laws, we will store it separately from other types of personal information.

7                     Your rights

Some jurisdictions’ laws grant specific rights to users of the Gensolve Products, which are set out in this section.

This section entitled “Your rights” applies to users that are located in the Relevant Jurisdictions. If you are located in a territory outside a Relevant Jurisdiction, please refer to the Supplemental Terms Jurisdiction-Specific for an overview of your rights and how these can be exercised.

You have certain rights in relation to the personal information we hold about you, depending on where you are located. Some of these only apply in certain circumstances (as set out in more detail below). We must respond to a request by you to exercise those rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances). To exercise any of your rights, please contact us at support@gensolve.com.

7.1                Access

You have the right to access personal information we hold about you, how we use it, and who we share it with. You can access the personal information you have made available as part of your account by logging into your Software account. If you believe we hold any other personal information about you, please contact us at support@gensolve.com.

7.2                Portability

You have the right to receive a copy of certain personal information we process about you. This comprises any personal information we process on the basis of your consent or pursuant to our contract with you as described above in the section How we use your personal information. You have the right to receive this information in a structured, commonly used and machine-readable format. You also have the right to request that we transfer that personal information to another party, with certain exceptions. We will provide further information to you about this if you make such a request.

If you wish for us to transfer such personal information to a third party, please ensure you detail that party in your request. Note that we can only do so where it is technically feasible. Please note that we may not be able to provide you with personal information if providing it would interfere with another’s rights (for example, where providing the personal information we hold about you would reveal information about another person or our trade secrets or intellectual property).

7.3                Correction

You have the right to correct any of your personal information we hold that is inaccurate. You can access certain personal information we hold about you by logging into your Software account.  If you believe we hold any other personal information about you and that information is inaccurate, please contact us at support@gensolve.com.

7.4                Erasure

You can edit your account details, or remove certain personal information, by logging into your Software account. You can request deletion of your account and erasure of all personal information by writing to us at support@gensolve.com. If there is any other personal information you believe we process that you would like us to erase, please contact us at support@gensolve.com.

We may need to retain personal information if there are valid grounds under data protection laws for us to do so (for example, for the defence of legal claims or freedom of expression) but we will let you know if that is the case. Where you have requested that we erase personal information that has been made available publicly on the Service and there are grounds for erasure, we will use reasonable steps to try to tell others that are displaying the personal information or providing links to the personal information to erase it too.

7.5                Restriction of processing to storage only

You have a right to require us to stop processing the personal information we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the personal information, we may use it again if there are valid grounds under data protection laws for us to do so (for example, for the defence of legal claims or for another’s protection). As above, where we agree to stop processing the personal information, we will try to tell any third party to whom we have disclosed the relevant personal information so that they can stop processing it too.

7.6                Objection

You have the right to object to our processing of your personal information. We will consider your request in other circumstances as detailed below by contacting us at support@gensolve.com.

To the extent provided by applicable laws and regulations, you may withdraw any consent you previously provided to us for certain processing activities by contacting us at support@gensolve.com. Where consent is required to process your personal information, if you do not consent to the processing or if you withdraw your consent we may not be able to deliver the expected service.

7.7                Announcements

We may from time to time send you announcements when we consider it necessary to do so (for example, when we temporarily suspend access to the Software for maintenance, or security, privacy or administrative-related communications). You may not opt-out of these Software-related announcements, which are not promotional in nature.

7.8                Advertising

If you have registered to receive updates, personalised advertising or marketing promotions from us, you may choose to stop receiving these updates, personalised advertising or marketing promotions from us by writing to support@gensolve.com.

8                     Third party links

Our Website may contain links to other online platforms, plug-ins or other applications operated by third parties. We do not control such other sites or applications, and are not responsible for their content, their privacy policies, or their use of your information. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms, may also be viewable by other users of the Website and/or users of those third-party online platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on the Website. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of personal information by third parties. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy.

9                     Contact & complaints

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to support@gensolve.com.

In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance at support@gensolve.com and we will endeavour to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with the data protection authority in the country in which you live or work where you think we have infringed data protection laws.

10                  Changes

If we make any changes to this Privacy Policy we will post the updated Privacy Policy here. Please check this page frequently to see if there are any updates or changes to this Privacy Policy.

Supplemental Terms – Jurisdiction-Specific

Some jurisdictions’ laws contain additional terms for users of the Gensolve Products, which are set out in this section. If you are a user located in one of the jurisdictions below, the terms set out below under the name of your jurisdiction apply to you in addition to the terms set out in our Privacy Policy above.

1                     Australia

1.1                Overseas recipients

We take reasonable steps to ensure that third party recipients of your personal information located outside Australia handle your personal information in a manner that is consistent with Australian privacy laws. However, you acknowledge that we do not control, or accept liability for, the acts and omissions of these third party recipients.

1.2                Access

You have the right to access personal information we hold about you, how we use it, and who we share it with. You can access the personal information you have made available as part of your account by logging into your Software account. If you believe we hold any other personal information about you, please contact us at support@gensolve.com.

1.3                Correction

You have the right to correct any of your personal information we hold that is inaccurate. You can access certain personal information we hold about you by logging into your Software account. If you believe we hold any other personal information about you and that information is inaccurate, please contact us at support@gensolve.com.

1.4                Children

If you are under the age of 18, you undertake that you have the consent of your parent or legal guardian to register an account on and use the Website or Software.

1.5                Transacting anonymously

You acknowledge that if you do not provide us with your personal information, we may be unable to provide you with certain Services or access to certain features or sections of the Software or Website.

1.6                Your rights

If you are dissatisfied with our response to your request for access to, or correction of, your personal information or your privacy complaint in respect of your personal information, you may contact the Office of the Australian Information Commissioner (Telephone +61 1300 363 992 or email enquiries@oaic.gov.au).

2                     California

This section applies to California residents covered by the California Consumer Privacy Act of 2018 (CCPA).

2.1                Collection and disclosure of personal information

Over the past 12 months, we have collected and disclosed the following categories of personal information from or about you or your device:

(a)                 identifiers, such as your name, salutation, Open ID / user ID, IP address, phone number and email address. This information is collected directly from you or your employer if you choose to sign up for the Software;

(b)                 internet or other electronic network activity information, such as your information regarding your use of the Software, including date and time stamps of actions, log-in and clickstream data and other Device Information as described in the main Privacy Policy. This information is collected directly from you and your device and stored as an audit log in the Software; and

(c)                 geolocation data such as your region location when you set up your profile and choose to provide this information for the Software. This information is collected directly from you.

Professional or employment-related information such as your profession if you or your employer chooses to provide it during the on-boarding process. This information is collected directly from you or your employer.

We collect your personal information for the following purposes:

(a)                 to provide you with the Gensolve Products, maintaining your account and providing customer service;

(b)                 to improve our Gensolve Products, including the functionality of the Software;

(c)                 for security audit and verification purposes, including to prevent and detect fraudulent activity; and

(d)                 to address and remediate technical issues and bugs.

For additional information about what each type of personal information is used for, see this chart in the main portion of the Privacy Policy.

We disclose personal information to the following types of entities:

(a)                 other companies within the Gensolve group who process your personal information in order to supply the Gensolve Products;

(b)                 other companies that provide services on our behalf in support of the Gensolve Products and who are prohibited by contract from retaining, using, or disclosing personal information for any purpose other than for providing their services to us;

(c)                 regulators, judicial authorities and law enforcement agencies; and

(d)                 entities that acquire all or substantially all of our business.

In the past 12 months, we have not sold personal information of California residents within the meaning of “sold” in the CCPA.

2.2                Rights under the CCPA

If you are a California resident, you have the right to:

(a)                 request we disclose to you free of charge the following information covering the 12 months preceding your request:

(i)                   the categories of personal information about you that we collected;

(ii)                  the categories of sources from which the personal information was collected;

(iii)                 the purpose for collecting personal information about you;

(iv)                the categories of third parties to whom we disclosed personal information about you and the categories of personal information that was disclosed (if applicable) and the purpose for disclosing the personal information about you; and

(v)                 the specific pieces of personal information we collected about you;

(b)                 request we delete personal information we collected from you, unless CCPA recognizes an exception; and

(c)                 be free from unlawful discrimination for exercising your rights including providing a different level or quality of services or denying goods or services to you when you exercise your rights under the CCPA.

We aim to fulfil all verified requests within 45 days pursuant to the CCPA. If necessary, extensions for an additional 45 days will be accompanied by an explanation for the delay.

2.3                How to exercise your rights

First, you may wish to log into your account and manage your data from there. If you are a California resident to whom the CCPA applies, you may also exercise your rights, if any, regarding other data by contacting us at support@gensolve.com.

This Global Customer Agreement is part of the legally binding Agreement between Gensolve and the person specified as Customer in a Quote (Customer). Please read the terms and conditions of the Agreement carefully. The Agreement is binding on any use of the Software.

1 Trial

1.1 Trial use. For the duration of any free trial:

(a) the rights in clause 2.1 are limited to access and use of the Software for Customer’s internal evaluation purposes only; and
(b) Gensolve provides the Software “as is” and excludes all warranties, indemnities, obligations and liabilities under the Agreement for the duration of the free trial.

1.2 Expiry of trial. Upon expiry of any free trial, Customer’s access and use of the Software and the Agreement will terminate automatically, with immediate effect, unless Customer accepts a Quote for further access and use.


2 Software and Services

2.1 Access and use. Upon acceptance of a Quote, Gensolve grants Customer a non-exclusive and non-transferable right to:

(a) install the Software on supported devices which meet or exceed the Technical Requirements; and
(b) permit licensed Users to access and use the functionality of the Software,

in each case, during the Term, for the Approved Purpose, subject to and in accordance with the terms of the Agreement.

2.2 Usage restrictions. Customer must not, and must ensure that Users do not:

(a) install, access or use the Software except as contemplated by clause 2.1;
(b) rent, lease, sub-license, loan, translate, copy, merge, combine with other programs, adapt, vary or modify the Software;
(c) disassemble, decompile, reverse-engineer, view or gain access to the source code for, or create derivative works based on the whole or any part of the Software or attempt to do any such thing;
(d) make the Software available in whole or in part in any form (whether object code, source code, by API or otherwise) to any person other than licensed Users without prior written consent from Gensolve or use the Software to provide any product or service that is an alternative, substitute or competitor to the Software;
(e) share user credentials or permit any person other than a licensed User to access and use the Software with user credentials issued to that User;
(f) use the Software in any unlawful manner, for any unlawful purpose, fraudulently or maliciously, including by hacking or inserting malicious code, viruses, or harmful data, into the Software or any of Gensolve’s systems;
(g) infringe Gensolve’s Intellectual Property Rights or those of any third party in accessing or using of the Software;
(h) upload or transmit using the Software any material that is unlawful, defamatory, offensive, harmful or otherwise objectionable;
(i) access or use the Software by any unauthorised means (including using any bot, script, spider, crawler, scraper or automated device) or in a way that could damage, disable, overburden, impair or compromise Gensolve’s systems or security or interfere with Software access or security controls or other users; or
(j) collect or harvest any information or data (other than Data) from, or attempt to decipher any transmissions to or from, the servers used by Gensolve.

2.3 Usage responsibilities. Customer uses the Software at its own risk and is solely responsible for ensuring that:

(a) Users access and use the Software strictly in accordance with the Agreement and Customer remains responsible for each act and omission of its Users as though it were an act or omission of Customer;
(b) access and use of the Software and Data by Customer and Users complies with all applicable Laws and contractual obligations and obtaining all Consents necessary to Process that Data;
(c) all user credentials issued to Customer and its Users are kept secure, confidential and not shared (including between Users);
(d) it promptly notifies Gensolve of any change in its Users or usage of the Software (including any increase in FTE Users using the Software); and
(e) it provides all support and maintenance services required by its Users (other than the Support Services); and
(f) it has in place security measures designed to prevent any introduction or retention of malicious code, viruses or harmful data, into the Software or any of Gensolve’s systems.

2.4 Updates. Customer must install Updates to the Software on Customer’s devices as soon as reasonably practicable following the Updates becoming available. Gensolve is not liable for any failure of the Software to comply with the Agreement or any conditions, warranties or guarantees conferred by Law, unless Customer has installed all Updates to the Software under this clause.


2.5 Services. Any Services to be provided by Gensolve to Customer must be documented in Quote.


 

3 Fees, invoicing and payment

3.1 Fees. The Fees are payable for Gensolve’s supply of the Software and any Services. Gensolve may adjust the Fees as specified in a Quote or at its discretion (if no increase is specified in the Quote), including upon:

(a) renewal of the Term;
(b) a change to Customer’s subscription plan or usage specified in a Quote (including for additional FTE Users);
(c) a request for new Services.

All Fees will be calculated using Gensolve’s current standard pricing unless otherwise agreed.

3.2 Free trials and promotions. Free trials, promotional pricing and other Gensolve offers are available for a limited time only and may not be combined.

3.3 Invoicing and payment. Customer must provide direct debit information to be automatically charged for the Fees, unless Gensolve has approved payment on receipt of invoice (in which case, Customer must pay the tax invoice within the period specified in the Quote and without set off or deduction and in immediately available funds).

3.4 Late payment. If Customer fails to pay any Fees (not disputed in accordance with clause 13.1) by the due date for payment, Gensolve may:

(a) suspend access to and use of the Software; and
(b) charge interest at a rate equal to LIBOR + 5% per annum,

in each case, from the due date for payment until payment is received in full by Gensolve.

3.5 Verification. Gensolve may on 14 days’ notice conduct an audit of Customer’s use of the Software and compliance with the Agreement. Customer must provide all access to devices, systems, Users, records, and premises reasonably requested by Gensolve in connection with any such audit. Gensolve must bear the costs of any such audit unless the audit reveals that Customer has used, or permitted the use of, the Software in breach of the Agreement or Quote, in which case, Customer must immediately:

(a) purchase any additional User licences required for Customer’s actual use of the Software at Gensolve’s current standard pricing;
(b) take all other steps required to remedy the breach of the Agreement and prevent its recurrence at its own cost; and
(c) reimburse Gensolve its reasonable audit costs.

3.6 Taxes. The Fees are exclusive of all Taxes. Customer must pay any applicable Taxes in addition to the Fees.


4 Intellectual Property Rights

4.1 Ownership. All Intellectual Property Rights in and to the Software, Services, and Derivative Materials including in any copy, modification, enhancement, configuration, derivative work or improvement of the Software, vests or remains vested with Gensolve or its licensors at all times. If any such Intellectual Property Right vests in Customer or Users, Customer hereby assigns and must procure that each User assigns, that Intellectual Property Right to Gensolve with immediate effect.

4.2 No other rights. Neither Customer nor any User receives any right, title or interest in or to the Software other than the express right to install, access and use the Software under clause 2.1.

4.3 Notice of infringement. Customer must immediately notify Gensolve in writing upon becoming aware of any:

(a) infringement or unauthorised use of the Software by any person, including any User; or
(b) Claim by any person that use of the Software by Customer in accordance with the Agreement infringes any Intellectual Property Right owned by that person.

4.4 Remediation. If the Software is the subject of an IP Claim, Gensolve may (at its cost and option) either:

(a) procure the right for Customer to continue using the Software;
(b) modify the Software such that it no longer infringes the relevant Intellectual Property Rights; or
(c) terminate the Agreement with immediate effect if neither clause 4.4(a) or clause 4.4(b) are practicable.

This clause 4.4 sets out Customer’s sole and exclusive remedy in respect of any IP Claim.


5 Data and Derivative Materials

5.1 Rights. As between Gensolve and Customer, all right, title and interest in the Data remains vested in Customer.

5.2 Licence. Customer:

(a) grants Gensolve, its sub-processors and their respective Personnel, the right to Process the Data; and
(b) warrants that it has obtained all Consents from individuals, Users and other third parties necessary to enable Gensolve, its sub-processors and their respective Personnel to Process the Data,

in each case, as contemplated by the Agreement.

5.3 Derivative Materials. Customer acknowledges that Gensolve may at its discretion:

(a) create Derivative Materials, including by compiling, combining with other information, conducting data analytics, developing and manipulating the Data;
(b) use and disclose Derivative Materials provided that Gensolve does not disclose Derivative Materials which incorporate the Data in a form that could reasonably identify Customer or any individual without Customer’s prior consent; and/or
(c) use information about Customer, Users and their use of the Software, for the purposes of billing, capacity planning, compliance, improving the Software, detecting and addressing threats to the functionality, security, integrity and availability of the Software, detecting and addressing breaches of the Agreement, Gensolve policies and to resolve Customer’s service requests.


6 Privacy and Data security

6.1 Privacy. Each party must comply with all applicable Privacy Laws in Processing any Personal Data in connection with the Agreement. Without limiting the foregoing, Gensolve will Process all Personal Data comprised in the Data, or provided by Customer or Users, in accordance with the Privacy Policy.

6.2 Data Security. Gensolve must implement appropriate technical and organisational security measures to protect the Data stored on the servers of Gensolve and its sub-processors against loss, unauthorised access, modification and disclosure (Data Breach), including by:

(a) not disclosing the Data except to its sub-processors, API partners, and their respective Personnel for purposes contemplated by the Agreement; and
(b) maintaining appropriate business continuity and disaster recovery measures for the Software.

Customer is responsible for the security of Data stored on its devices and regularly backing up the Data stored in the Software and on Gensolve’s servers.

6.3 Data Breaches. If either party becomes aware of any actual or suspected Data Breach affecting the Data:

(a) that party must promptly notify the other party in writing, including in such notice all known details of the actual or suspected Data Breach;
(b) Gensolve must provide Customer with information and assistance reasonably required by Customer to investigate and assess the actual or suspected Data Breach;
(c) Customer is solely responsible for determining whether the actual or suspected Data Breach is notifiable under Privacy Laws, subject to clause 6.3(e);
(d) Customer must not mention Gensolve in any subsequent notification or communication relating to the actual or suspected Data Breach without Gensolve’s prior written approval; and
(e) Gensolve may make a notification or communication about the Data Breach if Customer fails to do so and Gensolve is required to do so under applicable Privacy Laws.

6.4 DPA. The DPA applies in addition to this clause 6 to the extent that Customer’s use of the Software or Services involves the Processing of Personal Data of persons domiciled in the United States, European Union, United Kingdom or Switzerland.


7 Confidential Information

7.1 Confidentiality. Each party (Recipient) must keep confidential and must not use, copy or disclose any Confidential Information of the other party (Discloser) except as permitted by this clause 7.

7.2 Permitted use. The Recipient may use Confidential Information of the Discloser to the extent necessary to exercise its rights and perform its obligations under the Agreement.

7.3 Permitted disclosures. The Recipient may disclose Confidential Information of the Discloser:

(a) to the Affiliates, Personnel, subcontractors and professional advisors of the Recipient who need to know the Confidential Information for the purposes of the Agreement and who are bound by obligations of confidence as stringent as those in this clause;
(b) in enforcing the Agreement or in a proceeding arising out of or in connection with the Agreement;
(c) if required under any Law;
(d) as required or permitted by the Agreement; or
(e) with the Discloser’s prior written consent.

7.4 Publicity. Customer agrees that Gensolve may:

(a) disclose to third parties the fact that Customer has entered into the Agreement with, and is a customer of, Gensolve; and
(b) use other information about Customer and its use of the Software (subject to obtaining Customer’s prior consent),
in any marketing or other material used by Gensolve, including case studies.


8 Disclaimer and non-excludable terms

8.1 Disclaimer. To the extent permitted by Law, Gensolve excludes all conditions, warranties and guarantees other than those expressly set out in the Agreement. Without limitation, Gensolve does not represent or warrant:

(a) the accuracy, currency, reliability or quality of the Software or any advice, suggestions, recommendations or other information contained within the Software;
(b) that the Software, or any advice, suggestions, recommendations or other information contained within the Software, are continuous, free from errors or omissions, security risks or exhaustive; or
(c) that the Software, or any advice, suggestions, recommendations or other information contained within the Software, are fit for a particular purpose or meet the requirements of Customer or Users.

8.2 Non-excludable terms. If any condition, warranty or guarantee cannot be excluded at Law, then to the extent permitted by Law, Gensolve’s liability for breach of such condition, warranty or guarantee is limited (at Gensolve’s option) in the case of:

(a) Software, to the repair or replacement of the Software, supply of equivalent software or payment of the cost of the same; and
(b) Services, to resupply of the Services or payment of the cost of the same.


9 Indemnity

Customer indemnifies Gensolve and its Affiliates against and must pay on demand any Loss suffered or incurred by any of them arising out of or in connection with:

(a) any Claim relating to access to, use of, uploading Data to, use or reliance on any output of, the Software by Customer or Users, including any third party Claim; or
(b) any breach by Customer of clause 2.2, 5.2(b), 6.1 or 7;
in each case, except to the extent that the Claim or breach is caused or contributed to by Gensolve.


10 Limitations and exclusions of liability

10.1 Force Majeure Events. A party is not liable for any delay in, nor any failure to perform, its obligations under the Agreement to the extent the delay or failure is caused by a Force Majeure Event.

10.2 Third party content. The Software or Services may contain, integrate with, receive from, or provide links to content (including data and advice), products or services owned or controlled by third parties. Customer agrees that:

(a) it accesses, uses and relies upon any such third party content, products or services at its own risk; and
(b) Gensolve excludes all liability for Claims and Losses arising out of or in connection with such third party content, products or services.

10.3 Limitation of liability. In no event will the aggregate liability of a party for all Claims and Losses, arising out of or in connection with the Agreement in any Year, exceed an amount equal to 50% of the Fees paid or payable by Customer in that Year.

10.4 Exclusion of liability. In no event will either party be liable for any Consequential Loss arising out of or in connection with the Agreement.

10.5 Unlimited liabilities. Clause 10.3 does not apply to, and shall not limit, a party’s liability:

(a) under any indemnity given by that party in the Agreement;
(b) to pay Fees that are due and payable; or
(c) for any matter in respect of which liability may not be limited at Law.

10.6 Operation. The limitations and exclusions of liability in the Agreement apply to the maximum extent permitted by Law and whether Claims arise from breach of contract, tort (including negligence) or under any other theory of liability.


11 Term, suspension and termination
11.1 Term. The Agreement will remain in force for the Term, unless terminated earlier in accordance with this clause 11.

11.2 Auto-renewal. On expiry of the Term, the Term will automatically renew (at Fees calculated under clause 3.1) for successive further terms unless Customer provides notice of termination under clause 11.4 at least 30 days prior to expiry of the then current Term.

11.3 Suspension. Gensolve may suspend access and use of the Software:

(a) during any period in which Customer is in breach of the Agreement;
(b) to conduct scheduled and emergency maintenance of the Software; or
(c) to protect the integrity and security of the Software.

11.4 Termination for convenience. Either party may terminate the Agreement for convenience by giving at least 14 days’ written notice to the other party.

11.5 Termination for cause. Either party may terminate the Agreement with immediate effect by giving written notice to the other party if the other party:

(a) commits a material breach of the Agreement which is irremediable or not remedied within 14 days after receiving written notice requiring it to be remedied. Any breach by Customer of clause 2.1, 2.2, 3.3, 5.2(b), 6.1 or 7 is a material breach for the purposes of this clause; or
(b) suffers an Insolvency Event.

11.6 Termination for variation. If any amendment to the Agreement made under clause 14.3 adversely affects Customer, then Customer may terminate the Agreement with immediate effect by giving written notice to Gensolve within 30 days of notice of the amendment.


12 Consequences of termination

12.1 General consequences. On termination of the Agreement for any reason:

(a) all rights granted to Customer under the Agreement cease;
(b) Customer must delete from its devices, cease accessing and using the Software, including destruction of all Documents in its possession;
(c) Gensolve may remotely access, remove and cease providing you with the Software; and
(d) Customer must, within 30 days of termination, pay to Gensolve all Fees due and payable as at the date of termination.

12.2 Refunds. Customer is not entitled to any refunds of Fees already paid or payable as at the date of termination of the Agreement except where:

(a) Customer terminates under clause 11.5 or 11.6; or
(b) Gensolve terminates under clause 4.4(c) or 11.4,

in which case, Gensolve will refund any Fees prepaid by Customer in respect of the period following the date of termination on a pro rata basis.

12.3 Data export. For up to 30 days following termination of the Agreement, provided that Customer has first complied with clause 12.1(d), Gensolve will provide (following a written request to Gensolve) Customer with an export of any Data that remains in the Software. Thereafter, Gensolve has no obligation to retain any information relating to Customer (including Data) and all such information may be irretrievably deleted by Gensolve.

12.4 Survival. Clauses 2.2, 3.5, 4.1, 5.3, 7, 12, 8, 9, 10, 12 to 15 and any other clauses which should by their nature survive termination of the Agreement, survive termination of the Agreement for any reason.


13 Disputes and notices

13.1 Disputes. Neither party may commence any court or arbitration proceedings relating to a Dispute (except to seek urgent interlocutory relief) unless it has first complied with clause 13.2.

13.2 Notice and resolution. A party claiming that a Dispute has arisen must promptly notify the other party in writing giving details of the Dispute. The parties must:

(a) use reasonable endeavours to resolve any Dispute for a period of 14 days following notification; and
(b) if the parties are not able to resolve the Dispute in accordance with clause 13.2(a), the parties may agree to refer the Dispute to alternative dispute resolution (the costs of which will be borne by the parties equally).

13.3 Provision of notices. Any notice, demand, consent or other communication (Notice) given or made under the Agreement:

(a) must be in writing and signed by the sender or a person duly authorised by the sender;
(b) must be addressed and delivered to the address or email address last notified by the intended recipient to the sender after the date of the Agreement; and
(c) will be conclusively taken to be duly given or made when delivered, received or left at the above address or email address. If delivery or receipt occurs on a day that is not a business day in the place to which the Notice is sent or is later than 4pm (local time) at that place, it will be conclusively taken to have been duly given or made at the commencement of business on the next business day in that place.


14 General

14.1 Entire agreement. The Agreement contains the entire agreement between the parties with respect to its subject matter. It sets out the only conduct, representations, warranties, covenants, conditions, agreements or understandings (collectively Conduct) relied on by the parties and supersedes all earlier Conduct by or between the parties in connection with its subject matter. None of the parties has relied on or is relying on any other Conduct in entering into the Agreement and completing the transactions contemplated by it.

14.2 Inconsistency. In the event of any inconsistency between the terms of any Quote, the DPA (if applicable) and this Global Customer Agreement, the terms of the document listed first prevails to the extent of the inconsistency.

14.3 Amendment. Gensolve may unilaterally amend the terms of the Agreement (including Fees) from time to time, including to reflect changes in market conditions, the Software, Services, technologies, payment methods or Law. Gensolve will provide notice of any such amendment by:

(a) posting the amended version of this Global Customer Agreement here or
(b) notice in writing to Customer at least 30 days prior to the amendment coming into effect where the amendment relates to the Fees or a provision of a Quote.
Customer’s continued use of the Software or Services constitutes acceptance by Customer of any such amendment to the Agreement, subject to clause 11.6. The parties may also agree amendments to the Agreement in writing.

14.4 Transfers. Customer must not assign its rights or subcontract its obligations under the Agreement without Gensolve’s prior written consent. Gensolve may assign its rights or subcontract its obligations under the Agreement without Customer’s prior written consent. Without limiting the foregoing, Customer consents to Gensolve assigning or novating the Agreement to:

(a) to any Affiliate of Gensolve; or
(b) any purchaser of all, or substantially all, of the shares or assets of Gensolve or its Affiliates.

14.5 Further assurances. Each party agrees to do all things and execute all deeds, instruments, transfers or other documents as may be necessary or desirable to give full effect to the provisions of the Agreement and the transactions contemplated by it.

14.6 Waiver. No failure to exercise or delay in exercising any right, power or remedy under the Agreement operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

14.7 Remedies cumulative. The rights, powers and remedies provided to a party in the Agreement are in addition to, and do not exclude or limit, any right, power or remedy provided by law or equity or any agreement.

14.8 Severability. Any provision of the Agreement which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of the Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.

14.9 Third party rights. No person other than Gensolve and Customer:

(a) has any right to enforce any term of the Agreement whether under Law or otherwise; or
(b) must consent to any variation or rescission of the Agreement.

14.10 Costs and duty. Each party must bear its own costs arising out of the negotiation, preparation, execution and performance of the Agreement (unless expressly specified otherwise).

14.11 Governing law and jurisdiction. The Agreement is governed by the laws of:

(a) England and Wales if Customer is domiciled in the European Union; and
(b) Queensland, Australia if Customer is domiciled in any other jurisdiction.
Each party irrevocably accepts the non-exclusive jurisdiction of courts with jurisdiction in the location determined by clauses 14.11(a) to 14.11(b) and waives any right to object to the venue on any ground.


15 Definitions and Interpretation

15.1 Definitions. The following definitions apply unless the context requires otherwise.

Affiliate of a party means an entity that Controls, is Controlled by, or is under common Control with that party.

Agreement means this Global Customer Agreement, any Quote and (if applicable) the DPA.

Approved Purpose means health practice management or another specified approved use of the Software specified in a Quote.

Claim means any demand, claim, action or proceeding, however arising and whether present, unascertained, immediate, future or contingent.

Confidential Information of a party means all information of a confidential nature relating to the business or affairs of that party or its Affiliates, including its, dealings, operations, products, services, customers, suppliers, Personnel and Intellectual Property Rights, in any form whether tangible or not and whether visible or not, disclosed or communicated by that party to the other, or learnt or accessed by, or to which the other party is exposed as a result of entering into the Agreement and:

(a) in the case of Gensolve, includes the Fees, Software and Derivative Materials (subject to clause 5.3(b)); and
(b) excludes any information that is in the public domain other than as a result of a breach of confidence.

Consents means any licences, clearances, permissions, certificates, permits, authorities, declarations, exemptions, waivers, approvals or consents.

Consequential Loss means any:

(a) loss of profits, loss of revenue, loss of data, loss of use, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunity, loss of management time, or damage to credit rating; and
(b) any loss that does not arise naturally or according to the usual course of things from a breach of the Agreement or other event giving rise to liability, whether or not such loss was in the contemplation of both parties, at the time they made the Agreement, as the probable result of the relevant breach or other event.

Control, in respect of a person, includes the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such person, whether through the ownership of voting securities, by agreement or otherwise, and includes the following:

(a) direct or indirect ownership of more than 50% of the voting rights of such person; or
(b) the right to appoint the majority of the members of the board of directors of such person (or similar governing body) or to manage on a discretionary basis the assets of such person.

Data means any data that is uploaded to, or Processed through, the Software, or otherwise provided to Gensolve or its Personnel, by or on behalf of Customer or its Users.

Derivative Materials means materials, data, insights, works or other things derived or created by or on behalf of Gensolve from or by reference (wholly or partly) to the Data.

Dispute means a dispute between the parties arising in connection with the Agreement.

Documents means all online documents, together with their accompanying supplemental information, relating to the Software made available to Customer by Gensolve.

DPA means the Gensolve Data Processing Addendum available here.
Fees means the fees, costs and expenses for supply of the Software and Services specified in, or to be calculated in accordance with, a Quote.

Force Majeure Event means an event or cause beyond the reasonable control of the party claiming force majeure, including any act of God, natural disaster, strike, riot, war, fire, explosion, storm, failure of power, utilities or communications networks.

FTE means full time equivalent.

Gensolve means, if Customer is domiciled in:

(a) the European Union, Gensolve Practice Manager UK (Company No. BR020633 / FC035548);
(b) New Zealand, Gensolve New Zealand Limited (Company No. 2064025)and
(c) any other jurisdiction, GPM Australia Pty Ltd (ACN 625 480 131).
Insolvency Event means where:
(d) a party ceases, suspends or threatens to cease or suspend the conduct of all or a substantial part of its business or disposes of or threatens to dispose of a substantial part of its assets;
(e) a party becomes unable to pay its debts when they fall due, or stops or suspends or threatens to stop or suspend payment of all or a class of its debts;
(f) a party becomes or is (including under legislation) deemed or presumed to be insolvent;
(g) a party has a receiver, manager, administrator, administrative receiver or similar officer appointed in respect of it or the whole or any part of its assets or business;
(h) any composition or arrangement is made with any one or more classes of its creditors;
(i) except for the purpose of solvent amalgamation or reconstruction, an order, application or resolution is made, proposed or passed for its winding up, dissolution, administration or liquidation;
(j) a party enters into liquidation whether compulsorily or voluntarily; or
(k) any analogous or comparable event takes place in any jurisdiction.
Intellectual Property Rights means all industrial and intellectual property rights of any kind including but not limited to copyright (including rights in computer software), trade marks, service mark, design, patent, semi-conductor or circuit layout rights, trade, (whether or not any of these are registered) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.

Law means all laws including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, mandatory codes of conduct, writs, orders, injunctions and judgments.

Personal Data means information or an opinion about an identified individual or an individual who is reasonably identifiable comprised in the Data, including “personal information” and “personal data” as defined in applicable Privacy Laws.

Personnel means in respect of a person any individual who is an employee, contractor, servant, or agent under the person’s direct or indirect control.
Privacy Laws means all applicable Laws governing the Processing of Personal Data, including (where applicable) the Privacy Act 1988 (Cth), Privacy Act 1993 (NZ), General Data Protection Regulation (EU) 2016/679, UK Data Protection Act 2018 (DPA), UK General Data Protection Regulation as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, the Privacy and Electronic Communications Regulations 2003, and California Consumer Privacy Act (2018).

Privacy Policy means the privacy policy of Gensolve available here.
Process means to collect, store, access, use, copy, adapt, modify, reformat, transform, disclose or perform any other set of operations on.

Quote means a Gensolve Quotation Form for the Software and/or Services accepted by Gensolve and Customer and any documents referenced therein.
Services means any API, implementation, training, data migration or other service not forming part of the Software or Support Services, agreed under a Quote.

Software means object code version of Gensolve Practice Manager that is the subject of Customer’s free trial or as specified in a Quote, including any related functionality provided via the internet as a service, Documents and Updates.

Support Services means:

(a) online, email or telephone support for Software defects that require access or changes to the source code for the Software; and
(b) making Updates available from time to time.

To avoid doubt, the Support Services exclude help desk, diagnostic, onsite and other first and second line support services.

Tax includes any tax, levy, impost, deduction, charge, rate, duty, compulsory loan or withholding that is levied or imposed by a governmental agency, including GST, VAT and any related interest, penalty, charge, fee or other amount.

Technical Requirements means the Document available here.

Term means the subscription term for the Software specified in the Quote.
Update means any update or upgrade to the Software or Documents issued by Gensolve from time to time.

User means any person who accesses or uses the Software licensed to Customer in a Quote, including Personnel and professional advisors of Customer.

Year means a calendar year commencing on the date of acceptance of a Quote or an anniversary of that date.

15.2 Interpretation. The following rules apply unless the context requires otherwise:

(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural, and the converse also applies;
(c) nothing in the Agreement is to be interpreted against a party solely on the ground that the party put forward the Agreement or a relevant part of it;
(d) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(e) a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity;
(f) a reference to an agreement or document (including a reference to the Agreement) is to the agreement or document as amended, supplemented, novated or replaced, except to the extent prohibited by the Agreement or that other agreement or document;
(g) a reference to legislation or to a provision of legislation includes a modification or re-enactment of it, a legislative provision substituted for it and a regulation or statutory instrument issued under it;
(h) a reference to writing includes any method of representing or reproducing words, figures, drawings or symbols in visible or tangible form; and
(i) mentioning anything after includes, including, for example, or similar expressions, does not limit what else might be included.

Last updated: February 2022

For the purposes of this Cookies Policy, “we”, “us” and “our” means, in the case of persons located in:

(a)                 the European Union, Gensolve Practice Manager UK (Company No. BR020633 / FC035548), a company located at 83 Victoria Street, London SW1H 0HW, UK;

(b)                 New Zealand, GPM Australia Pty Ltd (NZBN 9429046799999), a company located at 61 Robert Street, Whangarei, New Zealand; or

(c)                 any other jurisdiction, Gensolve Australia Pty Ltd (ACN 625 314 721), a company located at S1, Level 2 The Precinct, 12 Browning Street, Brisbane 4101, Australia.

For the purpose of any personal information we collect through cookies, we are the data controllers; you can find our details in our Privacy Policy and how we use such data. Our representatives for data protection purposes in certain jurisdictions are as follows:

JurisdictionNameAddressPhone numberEmail
United KingdomGensolve Practice Manager UK83 Victoria Street, London SW1H 0HW, UKTBATBA
European UnionTBATBATBATBA

We use cookies, audit log files, and similar files or technologies to collect and store the information we automatically collect about your device and use of our website at www.gensolve.com. You can find out more about cookies and how to control them in the information below.

We only use non-essential cookies with your consent.

1                     What are cookies?

Cookies are text files containing small amounts of information which are downloaded to your browser or device when you visit a certain web address. Cookies are then sent back to the originating web address on each subsequent visit, or to another web address that recognises that cookie. Cookies are widely used in order to make the Website work, or to work more efficiently, as well as to provide information to our service team.

Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your log-in and preferences, and generally improving the user experience. Cookies may tell us, for example, whether you have accessed or used the Website before or whether you are a new visitor or user. They can also help to ensure that advertising you see online are more relevant to you and your interests. Cookies can help us safeguard the security of our data and services and detect the cheating, hacking and fraud against our products and services. For instance, cookies can store ticket information, which can be used by the server to verify if the log-in is made by yourself independently. The encrypted information in the ticket can also be used to prevent a variety of types of attacks, cross-site information theft, and access with disguised identity.

There are two broad categories of cookies:

(a)                 1st party cookies, served directly by us to your device.

(b)                 3rd party cookies, which are served by a third party on our behalf.

Cookies can remain on your browser or device for different periods of time. Some cookies are ‘session cookies’, meaning that they exist only while your browser or application is open. These are deleted automatically once you close your browser or application. Other cookies are ‘permanent cookies’, meaning that they survive after your browser or application is closed. They can be used by the Website to recognise your device when you visit and use the Website again.

2                     How do we use cookies?

We use cookies to:

(a)              track traffic flow and patterns of travel in connection with the Website in relation to contextual user guidance support.

(b)                provide visitors with relevant ads and marketing campaigns.

(c)                understand how visitors interact with the website.

(d)              perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.

3                     What types of cookies do we use?

The types of cookies used by us and our partners in connection with the Website can be classified into the following categories, namely ‘essential cookies’, ‘functionality cookies’, ‘analytics and performance cookies’ and ‘advertising and targeting cookies’. We have set out some further information about each category, and the purposes of the cookies that we and third parties use, in the following table.

Cookie NameWhat it does and what data it processesDuration of cookie1st or 3rd party cookieHow to control cookies
Essential cookies
cookielawinfo-checkbox-necessarySet by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the “Necessary” category .1 year3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
cookielawinfo-checkbox-functional The cookie is set by the GDPR Cookie Consent plugin to record the user consent for the cookies in the category “Functional”.1 year3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
cookielawinfo-checkbox-performanceSet by the GDPR Cookie Consent plugin, this cookie is used to store the user consent for cookies in the category “Performance”.1 year3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
cookielawinfo-checkbox-analyticsSet by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the “Analytics” category .1 year3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
cookielawinfo-checkbox-advertisement Set by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the “Advertisement” category.1 year3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
cookielawinfo-checkbox-othersSet by the GDPR Cookie Consent plugin, this cookie is used to store the user consent for cookies in the category “Others”.1 year3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
__hssrcThis cookie is set by Hubspot whenever it changes the session cookie. The __hssrc cookie set to 1 indicates that the user has restarted the browser, and if the cookie does not exist, it is assumed to be a new session.session3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
elementorThis cookie is used by the website’s WordPress theme. It allows the website owner to implement or change the website’s content in real-time.never3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
Functionality cookies
__cf_bmThis cookie, set by Cloudflare, is used to support Cloudflare Bot Management.30 minutes3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
__hsscHubSpot sets this cookie to keep track of sessions and to determine if HubSpot should increment the session number and timestamps in the __hstc cookie.30 minutes3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
Analytics and performance cookies
_gidA variation of the _gat cookie set by Google Analytics and Google Tag Manager to allow website owners to track visitor behaviour and measure site performance. The pattern element in the name contains the unique identity number of the account or website it relates to.1 day3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
_gat_UA-196422596-1A variation of the _gat cookie set by Google Analytics and Google Tag Manager to allow website owners to track visitor behaviour and measure site performance. The pattern element in the name contains the unique identity number of the account or website it relates to.1 minute3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
_ga_P9Y8BW9BHQThis cookie is installed by Google Analytics.2 years3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
_gaThe _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site’s analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.2 years3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
__hstcThis is the main cookie set by Hubspot, for tracking visitors. It contains the domain, initial timestamp (first visit), last timestamp (last visit), current timestamp (this visit), and session number (increments for each subsequent session).1 year 24 days3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
hubspotutkHubSpot sets this cookie to keep track of the visitors to the website. This cookie is passed to HubSpot on form submission and used when deduplicating contacts.1 year 24 days3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
CONSENTYouTube sets this cookie via embedded youtube-videos and registers anonymous statistical data.2 years3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
Advertising and targeting cookies
YSCYSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages.Session3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
VISITOR_INFO1_LIVE A cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.
A cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.
5 months 27 days3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
yt-remote-device-idYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.Never3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.
yt-remote-connected-devicesYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.Never3rd Party CookiePlease see the instructions set out in ‘How to control cookies’ below.

 

4                     How to control cookies

You have the right to choose whether or not to accept cookies and we have explained how you can exercise this right below.  When you use our Website for the first time, we will provide you with a notice which lets you know how we use cookies, why we use them and how you can change which cookies you accept. You can opt-into non-essential cookies or change your preferences at any time by clearing your browser cache and refreshing the webpage.  Please note that if you choose not to receive our cookies, we cannot guarantee that your experience of our Website will be as good as it could otherwise be.

The essential cookies in our Website are only used to track progress on the Website for the purpose of providing context sensitive user support. Blocking these cookies will result in the system providing support for function previously visited. This will not restrict use of the system functionality in any way.

Most browsers allow you to change your cookies settings. These settings will typically be found in the ‘options’ or ‘preferences’ menu of your browser. In order to understand these settings, the following links may be helpful for popular browsers, otherwise you should use the ‘Help’ option in your browser for more details.

(a)                 Cookie settings in Chrome for web and Android.

(b)                 Cookie settings in Safari web and iOS.

(c)                 Cookie settings in Internet Explorer.

(d)                 Cookie settings in Firefox.

5                     Changes to this Cookies Policy

We will update this Cookie Policy to reflect changes in our practices and services. When we post changes to this Cookie Policy, we will revise the ‘Last updated’ date at the top of this Cookie Policy. If we make any material changes in the way we collect, use, and/or share information held in cookies, we will notify you by prominently posting notice of the changes when you log in to or use the Website. We recommend that you check this page from time to time to inform yourself of any changes in this Cookie Policy or any of our other policies.

6                     Need more information?

If you would like to find out more about cookies and their use on the Internet, you may find the following link useful: All About Cookies.

7                     Cookies that have been set in the past

If you have disabled one or more cookies, we may still use information collected from cookies prior to your disabled preference being set, however, we will stop using the disabled cookie to collect any further information.

8                     Contact us

If you have any questions or comments about this Cookies Policy, or privacy matters generally, please contact us via email at support@gensolve.com.

Gensolve to confirm that it does not use non-essential cookies. For example, functionality cookies, analytics and performance cookies, or advertising or targeting cookies.