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AlcoCONNECT Terms and Conditions

Introduction

These terms and conditions apply specifically for AlcoCONNECT clients and are supplementary to the general terms of Alcolizer Pty Ltd (ACN 008 622 142), including those relating to Trading, Website, Privacy, Warranties, and Refunds. In the event of a conflict, these AlcoCONNECT-specific terms take precedence.

AlcoCONNECT provides access to key test data through graphs, summaries, and alert notifications.

Data Custodianship and Control

Alcolizer Technology acts as the exclusive custodian and controller of all data stored within the AlcoCONNECT platform, including:

  • Test results and measurements uploaded by clients
  • Employee identifiers and personnel data
  • Site and location details
  • Equipment serial numbers and calibration records
  • All personally identifiable information processed through the platform

As data custodian, Alcolizer Technology has the right to:

  • Determine data storage, processing, and retention methods
  • Control access to and use of all platform data
  • Make decisions regarding data archiving and deletion schedules
  • Establish security protocols and access permissions
  • Retain data beyond the termination of client agreements for business purposes

Client Data Access Rights

During active subscriptions, clients are granted access to view and export their data through the AlcoCONNECT platform interface, subject to the terms and limitations set out in these conditions.

Intellectual Property Ownership

Alcolizer Technology retains full ownership of all platform-related intellectual property including data insights, statistical trends and analytics. This ownership enables Alcolizer Technology to maintain platform integrity, support long-term analytics, and continuously improve services—while upholding strict data privacy and security standards.

Data Licencing

By using AlcoCONNECT, clients grant Alcolizer Technology a royalty-free licence to:

  • Process and store client data indefinitely
  • Generate anonymised analytics and insights from client data
  • Use data for research, development, and service improvement
  • Create industry benchmarks and comparative analytics
  • Retain and use data after termination of client agreements

Privacy Act Compliance

Alcolizer Technology is committed to compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). We:

  • Collect personal information only when necessary for providing AlcoCONNECT services
  • Handle personal information in accordance with our Privacy Policy (https://alcolizer.com/legal/privacy-policy/) and the APPs
  • Implement reasonable security safeguards to protect personal information
  • Provide individuals with access to their personal information upon request
  • Only use or disclose personal information for the purposes collected, unless otherwise permitted by law
  • Ensure any overseas disclosure of personal information complies with APP 8
  • Customers warrant that their collection and provision of personal information to AlcoCONNECT complies with all applicable privacy laws, including obtaining necessary consents from employees and other individuals whose data is processed through the platform.

Data Breach Response and Notification

In the event of a data breach – Alcolizer Technology will:

  • Notify you within 24 hours of becoming aware of the breach
  • Provide details of the breach, affected data types, and remedial actions taken
  • Where required by law, notify the Office of the Australian Information Commissioner (OAIC) within 72 hours.
  • Assist you in meeting your notification obligations to affected individuals
  • A detailed incident report will be provided within 7 days of initial notification

Please immediately notify Alcolizer Technology if you become aware of any unauthorised access to or disclosure of data through AlcoCONNECT and cooperate with our investigation and response procedures.

Alcolizer Technology Processes your Data To:

  • Provide the AlcoCONNECT data management platform for a complete overview of your organisation’s testing
  • Maintain and improve platform functionality and security
  • Provide technical support and troubleshooting
  • Comply with legal obligations and regulatory requirements
  • Generate anonymised analytics with all identifying information removed

Archiving of Data

AlcoCONNECT data is archived at regular intervals. Alcolizer Technology guarantees access to seven years of historical data via the AlcoCONNECT portal for current subscriptions only.

Access to data older than this period, or for clients without an active subscription, will incur additional retrieval and storage costs. Please contact Alcolizer Technology for a quote if required.

Data Retention Periods

Different data types are retained for varying periods:

  • Personal information: Retained only as long as necessary for business purposes or as required by law
  • Test results and measurements: 7 years from creation date
  • System logs and usage data: 2 years from creation date
  • Anonymised analytics: Indefinitely
  • Account and billing information: 7 years after account closure

You may request earlier deletion of personal information, subject to legal retention requirements.

Termination and Data Deletion

Upon termination of your AlcoCONNECT subscription:

  • You retain access to your data for 30 days to facilitate export
  • After 30 days, data will be archived and accessible only upon payment of retrieval fees. Please contact Alcolizer Technology for a quote if required.
  • You may request immediate data deletion upon termination, subject to legal obligations
  • Anonymised analytics may be retained indefinitely as permitted under these terms

Administration Fee

AlcoCONNECT is designed as a self-service platform. It is the customer’s responsibility to manage user access, alert notifications, and permissions. For security reasons, certain administrative actions can only be performed by Alcolizer Technology with appropriate authorisation.

Initial Set Up

Alcolizer Technology will configure your initial company profile and one user account. Any additional setup or ongoing management of your AlcoCONNECT portal will incur an administrative fee. This also applies for separating or merging company profiles.

Platform-Specific Usage

  1. Account administrators (Customer Contact users) can create and manage user roles, available roles include Customer Contact, Customer Admin, Customer Manager, and Customer Staff. Each role has defined permissions that cannot be exceeded.
  2. It is the customer’s responsibility to manage user access and promptly revoke access for former employees. Shared login credentials are strictly prohibited.
  3. There are 2 options for Two Factor Authentication: Authenticator App or SMS using an external provider to send an SMS code to a mobile phone.
  4. Reports can be viewed on screen or exported to Excel except the Company Setup report which cannot be exported. When exporting you can only export up to 10,000 rows. If you try to export more than 10,000 rows the ‘Export’ button changes to ‘Export Unavailable’. No additional charges apply for data export during an active subscription.

Data Upload Responsibilities

By uploading data to AlcoCONNECT, you warrant that the data has been lawfully obtained and you have the right to collect and use it. It complies with all applicable privacy laws and workplace regulations and is accurate to the best of your knowledge.

Pull API Usage

The AlcoCONNECT pull API for breath test results is subject to the following usage limits:

  • Maximum 60 API calls per hour per account (one call per minute)
  • Maximum 1,440 API calls per 24-hour period per account
  • Maximum data retrieval of 5000 records per API call

Excessive usage violations may result in:

  • Warning notification for first breach
  • Temporary API suspension (24-48 hours) for repeated breaches with 2 hours’ notice
  • Permanent suspension for continued violations after written warning
  • Automatic rate limiting may be introduced at Alcolizer Technology’s discretion.

Data Location and Transfer

Primary data is securely stored in Australia using cloud infrastructure that meets industry standards for data protection. Alcolizer Technology is certified to ISO 27001:2022 – Information Security Management System and safeguards sensitive data accordingly.

Security Incident Response

Procedures In addition to data breach notifications, Alcolizer Technology maintains:

  • Security monitoring and incident response capabilities
  • Documented incident response procedures following ISO 27001 standards
  • Regular security assessments and penetration testing
  • Employee security training and background checks
  • Encryption of data in transit and at rest using industry-standard protocols

Security incidents will be classified by severity, with response times ranging up to 24 hours excluding weekends and public holidays

Backup and Recovery

Daily automated backups are performed with point-in-time recovery available for the 7 days prior. Disaster recovery procedures ensure data can be restored within a maximum of 24 hours excluding weekends and public holidays

System Availability & Liability

AlcoCONNECT targets 99.5% uptime excluding scheduled maintenance. Scheduled maintenance is performed during off-peak hours with at least 48 hours’ notice where possible. Emergency maintenance may occur without notice.

To the extent permitted by law, including the Australian Consumer Law:

  • Our liability for system unavailability exceeding 24 consecutive hours is limited to service credits equivalent to the pro-rated subscription fee for the affected period.
  • We exclude liability for indirect, consequential, or special damages including lost profits, except where prohibited by law.
  • Our total liability under these terms is limited to the fees paid by you in the 12 months preceding any claim.
  • Nothing in these terms excludes or limits liability that cannot be excluded under Australian Consumer Law, including guarantees relating to acceptable quality and fitness for purpose.

Force Majeure

Neither party will be liable for delays or failures in performance due to circumstances beyond reasonable control, including:

  • Natural disasters, pandemics, or government actions
  • Internet service provider failures or cyber attacks
  • Infrastructure failures affecting cloud services

The affected party must promptly notify the other party and use reasonable efforts to minimise impact. If force majeure continues for more than 30 days, either party may terminate with 14 days’ notice.

Dispute Resolution

Before commencing legal proceedings, the parties agree to attempt resolution through:

  • Direct negotiation between senior representatives within 14 days of written notice
  • If unresolved, mediation conducted by a mediator agreed upon by both parties or appointed by the Australian Commercial Disputes Centre
  • Mediation costs will be shared equally between the parties
  • If mediation fails within 60 days, disputes may be referred to arbitration under the Commercial Arbitration Act 2012 (WA)
  • Arbitration will be conducted in Perth, Western Australia
  • The decision of the arbitrator will be final and binding

Governing Law

These terms are governed by the laws of Western Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia for any matters not resolved through the dispute resolution process.

 

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