Privacy Policy & Terms Of Use

Service provider

Services are provided by Omniscient Neurotechnology Pty Limited, (ACN 632 853 555) with a registered office of Level 4, 131 Macquarie St, Sydney New South Wales 2000, Australia.  This service is not a medical device.  It is not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease.  This service is to be used for academic research only.  These terms are specific to the o8t Labs service and do not cover other services provided by Omniscient Neurotechnology Pty Limited for which separate terms are provided.

 

General

These terms help define the relationship between you and o8t Labs. Broadly speaking, we provide a range of Services outlined on the o8t Labs pages of this website.  Our Services are subject to these Terms and our Privacy policy - which is provided separately below these Terms.  

When we speak of “o8t Labs,” “we,” “us,” and “our,” we mean Omniscient Neurotechnology Pty Limited and its Associated Entities. 

We’re constantly developing new technologies and features to improve our Services. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our Services, and start offering new Services or stop offering old ones.

 

Intellectual Property Rights

Although we give you permission to use our Services, we retain all Intellectual Property Rights we have in the Services.

 

Permission to use Your Content

Some of our Services are designed to let you upload, submit, store, send, receive, or share Your Content. You have no obligation to provide any content to our Services and you’re free to choose the content that you want to provide. If you choose to upload or share content, you must make sure you have all necessary permissions and you are otherwise legally able to do so, that the content is lawful, and it is lawfully uploaded, submitted etc. If you do upload, submit etc Your Content, you agree to allow us to use Your Content in accordance with these Terms.

 

License by You

Your Content remains yours, which means that you retain any Intellectual Property Rights that you have in Your Content.

We need your permission if your Intellectual Property Rights or any other rights restrict our use of Your Content. You provide o8t Labs with that permission through this license.

 

What’s covered by the License

This license covers Your Content. You license o8t Labs to use Your Content in accordance with this License.  This license doesn’t affect your Privacy rights.  Your Privacy rights are covered in the Privacy section below these Terms.

 

Scope of your License

This license is:

  • worldwide, which means it’s valid anywhere in the world
  • non-exclusive, which means you can license Your Content to others
  • royalty-free, which means there are no fees for this license.

 

Rights of o8t Labs under the License

This license allows o8t Labs to:

  • host, reproduce, distribute, communicate, and use Your Content — for example, to save Your Content on our systems, and these systems may be in a country other than from where you loaded Your Content
  • publish, publicly perform, or publicly display Your Content
  • modify and create derivative works based on Your Content
  • sublicense these rights to:
    • other users to allow the Services to work as designed,
    • our contractors who have signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purposesection below.

 

Limited Purpose of Your License

This license is for the limited purpose of:

  • operating and improving the Services, which means allowing the Services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyse Your Content:
    • for data that contains illegal content for removal or to block upload
    • to recognise patterns in data,
    • to customise our Services for you, (this analysis occurs as Your Content is sent, received, and when it is stored)
  • using content you’ve shared publicly to promote the Services.
  • developing new technologies and Serviceswhich o8t Labs may supply to other customers.

 

Duration of your License

This license is irrevocable and lasts for as long as Your Content is held by us. You cannot impose conditions on the license or o8t Labs.

 

Software in o8t Labs Services (License by us)

Some of our Services include downloadable software. We give you permission to use that software as part of the Services.

The license we give you is:

  • worldwide, which means it’s valid anywhere in the world
  • non-exclusive, which means that we can license the software to others
  • royalty-free, which means there are no fees for this license
  • personal, which means it doesn’t extend to anyone else
  • non-assignable, which means you’re not allowed to assign the license to anyone else.

Some of our Services include software that’s offered under open source license terms that we make available to you. Sometimes there are provisions in the open source license that explicitly override parts of these terms, so please be sure to read those licenses.

You may not copy, modify, distribute, sell, or lease any part of our Services or software. Also, you may not reverse engineer or attempt to extract any of our source code unless you have our written permission, or the applicable law lets you do so.

When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some Services let you adjust your automatic update settings.

 

In case of problems or disagreements

By law, you have the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong. These terms don’t limit or take away any of those rights.

 

Warranty

We provide our Services using reasonable skill and care. If we don’t meet the quality level described in this Warranty, you agree to tell us, and we will work with you to try to resolve the issue.

 

Disclaimers

The only commitments we make about our Services (including the content in the Services, the specific functions of our Services, or their reliability, availability, or ability to meet your needs) are (1) described in the Warranty section, or (2) provided under the applicable laws. We don’t make any other commitments about our Services.

And unless required by law, we don’t provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

Liabilities

These terms only limit our responsibilities as allowed by the applicable law.

Other than the rights and responsibilities described in this section (in case of problems or disagreements), o8t Labs is not and will not be responsible for any losses, unless they’re caused by our breach of these terms.

You Indemnify o8t Labs and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the Services, breach of your License, or breach of these terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees (solicitors and counsel fees).

o8t Labs is not and will not be responsible for the following liabilities:

  • loss of profits, revenues, business opportunities, goodwill, or anticipated savings
  • indirect or consequential loss
  • punitive damages

o8t Labs’ total liability arising out of or relating to these Terms is limited to 125% of the fees that you paid to use the relevant Services in the 12 months prior to the liability arising.

 

How o8t Labs handles government requests for user information

Government agencies from around the world might ask o8t Labs to disclose user information. We carefully review each request to make sure it satisfies the applicable laws. If a request asks for too much information, we try to narrow it, and in some cases,  we may object to producing any information at all.

 

Suspending or terminating your access to o8t Labs Services

o8t Labs reserves the right to suspend or terminate your access to the Services or delete your o8t Labs Account if you materially or repeatedly breach these terms or we are required to do so to comply with a legal requirement or a court order.

 

Settling disputes, governing law, and courts

For information about how to contact o8t Labs, please visit our Contact page on this website.

New South Wales law will govern all disputes in connection with or arising out of these terms, or any related Services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the courts of New South Wales, Australia and you and o8t Labs submit to the jurisdiction of those courts.

 

About these terms

By law, you have certain rights that can’t be limited by a contract like these terms. These terms are in no way intended to restrict those rights.

These terms describe the relationship between you and o8t Labs. They don’t create any legal rights for other people or Organizations, even if others benefit from that relationship under these terms.

If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.

If you don’t follow these terms and we don’t take action immediately, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future for the failure to follow the terms.

We may update these terms (1) to reflect changes in our Services or how we do business — for example, when we add new Services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

You can end your relationship with us at any time by closing your o8t Labs Account.

 

Definitions

Associated Entity

An entity that is a associated entity (within the meaning of the Corporations Act 2001) of Omniscient Neurotechnology Pty Limited, (ACN 632 853 555).

 

Copyright

A legal right that allows the creator of an original work to stop others copying the work (among other things) and to decide if and how that original work may be used by others.

 

Disclaimer

A statement that limits someone’s legal responsibilities.

 

Indemnify or indemnity

An individual or organisation’s contractual obligation to compensate the losses suffered by another individual or organisation from legal liabilities such as lawsuits.

 

Intellectual Property Rights (IP rights)

Rights over the creations of a person’s mind, such as inventions (patent rights); literary and artistic works (copyright); designs (design rights); and symbols, names, and images used in commerce (trademarks). IP rights may belong to you, another individual, or an organization.

 

Liability

Losses from any type of legal claim, whether the claim is based on a contract, tort (including negligence), or other reason, and whether or not those losses could have been reasonably anticipated or foreseen.

 

Organization

A legal entity (such as a corporation, non-profit, or school) and not an individual person.

 

Services

o8t Labs Services that are subject to these terms are the products and services described on the o8t Labs website

 

Trademark

Symbols, names, and images used in commerce that are capable of distinguishing the goods or Services of one individual or organization from those of another.

 

Warranty

An assurance that a product or service will perform to a certain standard.

 

Your Content

Things that you write, upload, submit, store, send, receive, or share with o8t Labs using our Services.

o8t Labs has the highest respect for the privacy of the personal information of its customers and partners and is committed to protecting the information that is entrusted to us. The purpose of this privacy policy is to disclose o8t Labs’ privacy practices as they relate to the o8t Labs website and its marketing.  Our Services are subject to this Privacy policy and complement our Terms - which appears above this Privacy policy.

 

Data Protection Overview

General

Personal information is any data with which you could be personally identified. Your Content must not contain any personal information.

o8t Labs does not sell personal information. While we do manage some data with trusted service providers, we do require third parties to be compliant with the GDPR (EU General Data Protection Regulation) and the CCPA (California Consumer Privacy Act) provisions, if they are by law required to do so.

 

Who is responsible for the data collection on this website?

The data collected on this website and processed by us is governed by the laws of New South Wales, Australia, including the Privacy Act 1988.   

 

How do we collect your data?

Some data is collected when you provide it to us. This could, for example, be data you enter on a contact form.

Other data is collected automatically by our IT systems when you visit the website. This data is primarily technical data such as the browser and operating system you are using or when you accessed the page. This data is collected automatically as soon as you enter our website.

 

What do we use your data for?

Part of the data is collected to ensure the proper functioning of the website. Some data you input is used to create accurate feature labels for the benefit of neuroscience.  Other data can be used to analyze how visitors use the site.

 

What rights do you have regarding your data?

You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the Contact page of this website if you have further questions about the issue of privacy and data protection. You may also file a complaint with the pertinent regulatory authorities.

 

Analytics and third-party tools

When visiting our website, statistical analyses may be made of your surfing behaviour. This happens primarily using cookies and analytics. The analysis of your surfing behaviour is usually anonymous, i.e. we will not be able to identify you from this data.  By continuing to use this website you are agreeing to us using these analytics and third-party tools.

 

General information and mandatory information

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection acts and regulations, and this privacy policy.

If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.

Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.

 

Notice concerning the party responsible for this website

The party responsible for processing data on this website is Omniscient Neurotechnology Pty Limited, (ACN 632 853 555) with a registered office of Level 4, 131 Macquarie St, Sydney New South Wales 2000, Australia

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).

 

Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email via our Contact page of this website making this request is sufficient. The data processed before we process your request may still be legally processed.

 

Right to file complaints with regulatory authorities

If there has been a breach of data protection legislation, the person affected may file a complaint with the pertinent regulatory authorities. 

 

Right to data portability

You have the right to have data which we process based on your consent or in fulfillment of a contract delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.

 

SSL and TSL encryption

This site uses SSL and TSL encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar.

If SSL or TSL encryption is activated, the data you transfer to us should not be able to be read by third parties.

 

Information, blocking, deletion

As permitted by law, you have the right to be provided at any time with information, free of charge, about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the Contact page of this website if you have further questions on the topic of personal data.

 

Data collection on our website

Cookies

Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain in your device’s memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.

Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use are stored pursuant to Art. 6 paragraph 1, letter f of GDPR. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyse your surfing behaviour) are also stored, they will be treated separately in this privacy policy.

 

Server log files

The website provider automatically collects and stores the information your browser automatically transmits to us in “server log files”. These are:

  • Browser type and browser version
  • Referrer URL
  • Time of the server request
  • IP address

This data will not be combined with data from other sources.

 

Contact form

Should you send us questions via the Contact page we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.

If required, we will, process any data you enter onto the contact form with your consent in accordance with Art. 6 (1)(a) GDPR. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision. 

 

Analytics and advertising

Google Analytics

This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

Google Analytics cookies are stored based on Art. 6 (1) (f) GDPR. The website operator has a legitimate interest in analysing user behaviour to optimize both its website and its advertising.

 

Objecting to the collection of data

You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

For more information about how Google Analytics handles user data, see Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.

 

Demographic data collection by Google Analytics

This website uses Google Analytics’ demographic features. This allows reports to be generated containing statements about the age, gender, and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This collected data cannot be attributed to any specific individual person. You can disable this feature at any time by adjusting the ads settings in your Google account or you can forbid the collection of your data by Google Analytics as described in the section “Objecting to the collection of data”.

 

Newsletter and Marketing collateral data

If you would like to receive o8t Labs’ newsletters or marketing collateral, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or that which is collected is done so on a voluntary basis. We only use this data to send the requested information and do not share it with third parties.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) (a) GDPR. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the “unsubscribe” link in the newsletter. The data processed before we receive your request may still be legally processed.

The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members area) remain unaffected.

 

Customer Relationship Management

o8t Labs uses the services of HubSpot to organize our contacts and communication with you. If you opt-out of a newsletter list, unsubscribe, or otherwise request data removal, that request will be fulfilled using HubSpot’s tools.

HubSpot is certified under the EU-US Privacy Shield. The Privacy Shield is an agreement between the European Union (EU) and the US to ensure compliance with European privacy standards in the United States.

Please see the HubSpot Privacy Policy at: https://legal.hubspot.com/product-privacy-policy