Who we are

Our company is TOEE Pacific PTY LTD. The company ABN is 56157886934 and the ACN is 157886934. We are based on the Sunshine Coast of Australia. Our website address is: http://clientdiary.com.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Personal data collected when using Client Diary is inputted by users and commonly include names, email address, phone numbers, addresses, gender, personal account preferences; transactional data, such as purchase information; notes about visits, appointment histories and technical data.

This data is stored for the complete operation of the system, so that the business using the system can access your details to help service your needs when you visit.

Generally, personal data is only created by a user’s interactions with the system. Personal data can also generated from technical processes such as contact forms, comments, cookies, analytics, and third party embeds.

Media

If you upload images to the system, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

When you use a contact form to make contact, your details are not kept on the system but are instantly emailed to the administrator of the system’s email address. It is only stored long enough to help you with your query. Once the query is complete, the emails are deleted. If the query is sales related your email address will be added to a sales related mailing list to help you receive further information on the system.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last indefinitely for ease of use in day to day work. If you log out of your account, the login cookies will be removed.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

As you use the system and add data, the information you enter and its metadata are retained indefinitely. This is to allow full functionality of the software.

For users that register on our service, we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time. System administrators can also see and edit that information.

Our employees including technical support, developers, sales people and others in the organisation can get access to your data to help with improving the system, providing help, providing sales support and internal analysis of the data.

What rights you have over your data

If you have an account on this service, or have entered data about yourself, or had data entered about yourself, you can request to receive an exported file of the personal data held about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service. Database information for your business records are stored on a data service.

How we protect your data

When traffic travels through our service it’s in an encrypted format. Data cannot be readily intercepted due to this. The data storage facility used is full encrypted also. Data cannot readily be accessed without internal encryption keys.

What data breach procedures we have in place

In the highly unlikely event of a data breach we are equipped to notify all current and previous users of the system immediately to change their information.

Our contact information

We can be contacted via the following:

EMAIL: contact@clientdiary.com
ATTENTION: Privacy Officer
POST: PO Box 2185, Noosaville, QLD, 4566
PHONE: +61 7 3053 8589

Terms of Service

Client Diary Terms of Service

By using the Client Diary system (the “Service”) and all services of TOEE Pacific PTY LTD, ABN 56157886934, ACN 157886934 (“Client Diary”), you agree to the legal terms set forth by the following terms and conditions (“Terms of Service”). By using the Service, you agree to each of the terms set forth below. If you do not agree with any term or condition set forth below, you are not authorised to use the Service for any purpose.

Client Diary reserves the right to modify the Terms of Service from time to time without prior notice, effective upon posting an updated version of this Terms of Service on the Service or Site. You are responsible for regularly reviewing this Terms of Service. Continued use of the Service after any such modifications to the Terms of Service shall constitute your consent to such modifications.

1. Account Terms

You warrant that you are 18 years of age or older

You warrant that you have provided accurate and valid information requested during the registration process

You warrant that you will use the Service only for lawful purposes. You must not violate any laws in your jurisdiction, including but not limited to any copyright laws.

You are prohibited from violating, or attempting to violate, the security of the Service.

Your warrant that during your use of the Service you will not create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create a deceitful website to imply association with Client Diary or the Service; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any Client Diary customer, employee, member, or officer.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Client Diary.

You understand that Client Diary uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service.

You are responsible for your own data backups and ensuring they are suitable for your archival and operational needs. Client Diary does backup daily to its own backup services but this data is not kept forever. It’s therefore your responsibility to ensure you have your data backed up via your own methods.

Logs are not kept on the system forever, they are deleted after a period of time (usually 1 year) to ensure speed of operation and user privacy.

When you close your account, data is deleted after a set amount of time. This is for speed of operation and user privacy.

2. Payments, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for paying accounts.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

SMS and messaging credits are purchased in advance and are non-refundable. There will be no refunds or credits for any unused credits or credits purchased by human error.

We will charge your credit card for any upgrade or downgrade in plan level at the new rate upon the start of your next billing cycle.

If you choose to downgrade your account, we are not liable for the resulting loss of content, features, or capacity.

We will delete all of your content upon cancellation and we will not be able to recover this information once deleted. We are not liable for any loss resulting from cancellation.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Client Diary does not accept any liability for such loss.

The free trial will begin the day the account is opened and will end at the earlier of:

When one month has passed; or

When any of your data is imported into the system by our conversion team.

In order to continue using the Service after the free trial a valid credit card must be added to your account via the My Account > Owner Details tab.

Once you have entered your credit card details, after the free trial period finishes, your account will move to a full paying account and your card will be charged according to the pricing tier you have setup at that point.

If any fraudulent, or mistaken claim, or wrongful chargeback, is made against TOEE Pacific in any way, the amount charged against Client Diary, including any fees incured on top, will be charged against your account, to recoup the loss of the fraudulent, mistaken claim or wrongful chargeback.

3. Account Cancellation Terms

Accounts can be cancelled at any time by emailing contact@clientdiary.com with your intention to cancel.

Once we have received your intention to cancel, we will reply within normal business hours with a form that you must complete to cancel your account. This form is very short and protects you, to ensure that there are no fraudulent account deletion activities. Without this form being completed your account will not be closed and billing will continue as normal.

You are solely responsible for cancelling your account by supplying the request email, then filling in the cancellation form. Client Diary is not responsible for additional charges that may occur if you do not cancel your account properly.

If you cancel your account prior to the start of the next billing period, you will not be charged again. No refunds will be given for the month in which the Service is cancelled.

If your account is cancelled: (i) your account will be deactivated and can no longer be accessed, (ii) all of your rights granted under these Terms will immediately come to an end, and (iii) all of your data and content may be deleted from our systems. We provide no guarantee that your content can be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.

4. Service and Pricing Modification Terms

Client Diary reserves the right to modify or remove parts the Service at any time. Client Diary will introduce improvements and new features from time to time into the Service, some of which will be made immediately available at no cost to you.

Prices for all paid plans of the Service, including but not limited to monthly subscription plan fees, are subject to change upon 7 days notice by Client Diary. Such notice may be provided by posting the changes to the Site or the Service itself.

Client Diary shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

5. Copyright Terms

You acknowledge that the Service is licensed to you and that Client Diary retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agrees not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without Client Diary’s prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. Client Diary (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.

Client Diary claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you or users of your account retains its original ownership.

6. Disclaimers

Client Diary is not responsible for any incorrect or inaccurate content posted on the Site or Service. The Site or Service may be temporarily unavailable from time to time for maintenance or other reasons. Client Diary assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Client Diary is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or users on account of technical problems or traffic congestion on the Site or Service, including injury or damage to users or to any other person’s computer related to or resulting from use of the Service.

Client Diary does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, responsive, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. The Service is provided “as-is” and Client Diary disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Client Diary cannot guarantee and does not promise specific results from use of the Service. Except in jurisdictions where such provisions are restricted, in no event will Client Diary or any of Client Diary’s business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising your use of the Service, even if Client Diary has been advised of the possibility of such damages.

7. Indemnity

You agree to indemnify and hold Client Diary, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site in violation of this Terms of Service or your violation of any law or the rights of a third party.

8. General Terms

These Terms shall be governed by Australian law, and you submit to the exclusive jurisdiction of the Australian courts for any matter or dispute arising in relation to these Terms.

9. Contact

When you sign up for the Client Diary service you agree to allowing our sales team to contact you via phone, email and sms. You also agree to being placed on a marketing list. This list can be opted out at any time.