Policies
General Business Terms & Conditions
These General Terms and Conditions ("Terms") shall apply between CX Lavender Group Pty Ltd (ACN 679 074 910) ("CX Lavender") and the Client to all (oral or written) offers, bids, proposals, job order forms and statements of work in the broadest sense of the word (hereinafter a "contract").
Subject to clause 1(c) the client expressly represents that it accepts these Terms to the exclusion of any general terms and conditions it uses, unless CX Lavender and the Client have expressly agreed otherwise in writing and in the event that the parties have agreed in writing that other terms and conditions shall apply, the latter terms and conditions shall apply only to the extent of and in respect of the specific order for which they have been agreed.
The parties agree that where they have agreed terms in a proposal or job order form, the terms of that document will prevail over these Terms, but solely to the extent of any inconsistency.
All of CX Lavender’s (oral or written) offers shall be free of obligation, unless a period has been agreed in writing for the acceptance or validity of any offer and CX Lavender shall nevertheless be entitled to revoke any offer within five working days of the date of the offer.
A contract shall be deemed to have been concluded and the work shall be scheduled in upon acceptance of the offer by the Client in writing or, in the absence of any offer, in the event that the Client gives CX Lavender an order for CX Lavender to provide goods or services (hereinafter an "order") and the Client accepts that order.
In the event that the Client cancels an order completely or in part after a contract has been formed, CX Lavender shall be entitled to charge the Client all the non-recoupable costs it has incurred and/or will incur in connection with the order and after a payment of the cancellation costs by the Client, CX Lavender shall surrender to the Client all the work-in-progress in relation to the order that was developed during the period prior to the cancellation, subject to these Terms.
The prices and rates shall be inclusive of the work to be carried out by CX Lavender as described in the offer, proposal or job order form.
All prices and rates shall be exclusive of GST and other governmentally-imposed charges and do not include costs for packaging, import, transport, travel and accommodation expenses, office costs, (technical) documentation, audio and/or visual material of third parties, purchase of hardware, software of third parties, training of the Client, installation, implementation and the like, unless as agreed otherwise in writing.
In the event the Client requests a change and/or addition to the specifications for the work to be produced and delivered by CX Lavender, it shall notify CX Lavender accordingly and CX Lavender shall then issue the Client with a price quotation and revised timelines for any additional work to be performed as a result of such change(s) and/or addition(s) and CX Lavender shall thereafter invoice the Client for this additional work.
CX Lavender shall not carry out any additional work without first receiving a corresponding written order from the Client.
In relation to a request for change/additional work, the most recent specifications will always prevail over older specifications.
CX Lavender shall at any time be entitled to adjust its prices or rates by means of a written notification to the Client and these new prices and rates shall be applicable to all the following offers, bids and contracts between CX Lavender and the Client.
Unless otherwise notified, all external suppliers sourced and managed by CX Lavender will incur a 10% fee on the external suppliers' costs, which reflects the administration, credit control and overall management of cash flow for payment of these suppliers.
Any cost estimate provided allows for three sets of low-to-medium level revisions between concept and production or coding stages and accommodate changes "within reason" which means simple additions and deletions to copy or small layout changes, being as a general rule, within 15% of the original work provided that changes greater than those “within reason” will attract the following additional charges: (i) small changes where the revisions affect 15-30% of the original work will incur a revision charge of 30% of the estimate; (ii) large changes where the revisions affect 30-60% of the original work, will incur a revision charge of 45% of the estimate; and (iii) major changes where the original work is changed by over 60% will incur a revision charge of 60% of the estimate, all as determined by CX Lavender, acting reasonably.
All invoices shall be paid by the Client in accordance with the payment conditions stated on the invoice but in the absence of specific conditions, the Client must make payment no later than thirty days after the invoice date (hereinafter the “payment period”).
If payment is not made in the payment period, the Client shall be in default and CX Lavender shall impose a late-payment interest fee of 1.5% per month calculated over the period the Client is in default, without any further notice.
If, after written notice of a payment default, the Client remains in default of its payment obligation, the claim may be put out for collection, in which case the Client shall also be required to make full payment for all collection and recovery costs incurred by CX Lavender, without prejudice to CX Lavender's other rights. If payment is not made by any relevant payment deadline, CX Lavender is entitled to suspend its obligations pursuant to the contract and any other current contracts until full payment has been made, without prejudice to CX Lavender's right to damages and without any obligation to compensate the Client for any loss.
The Client may not set off any claim and each payment shall be considered to be applied first in payment of the claim outstanding for the longest period, even where the Client states that the payment pertains to a more recent claim.
CX Lavender reserves the right to return any goods, materials, equipment and the like which the Client may make available to CX Lavender, only after the Client has made full payment of all amounts owed.
Any delivery deadlines stated by CX Lavender have been fixed to the best of CX Lavender's knowledge and in accordance with CX Lavender's best intentions on the basis of the information of which CX Lavender was aware at the time the contract was concluded. CX Lavender shall use reasonable commercial endeavours to observe such deadlines and, in the event, that the delivery of services or other items by a party will be delayed, or if a delay is foreseeable, the parties shall notify each other as soon as possible thereof.
Subject to clause 5(a), CX Lavender shall develop and deliver the work to the Client in accordance with the specifications, in the form, within the planning and on the delivery date as agreed between parties.
If at the Client’s request CX Lavender executes any specific changes and/or additions to the specifications for the work to be supplied, CX Lavender may – having first consulted the Client – postpone the delivery date of the work to the extent that this is required in order to execute the relevant changes or additions.
Except upon the basis of any intentional act or omission or gross negligence on the part of CX Lavender, CX Lavender's mere failure to meet any delivery deadline shall not put CX Lavender in default and shall not entitle the Client to terminate a contract and the parties shall in these circumstances consult as soon as possible in order to set a new deadline for delivery.
The risk of any partial or full loss of or damage to property forming part of the delivery items under any contract shall pass to the Client upon the departure of those items from the office and/or warehouse of CX Lavender.
CX Lavender shall retain title to any goods supplied as regards all claims against the Client it has or may obtain by virtue of (failure to comply with any obligation arising from) these Terms or the terms of any contract, proposal and/or job order form.
The Client shall not be entitled to encumber the goods that are subject to CX Lavender's retention of title, or to transfer title of these goods to any third party and shall not be entitled to exercise any licenses and/or rights of use granted by CX Lavender in relation to such goods.
The Client shall always provide the necessary cooperation and make available all requisite data, information, documentation, materials software of third parties, assets and/or other materials which will be described in writing by parties (“the prerequisites”) for the proper performance of services to CX Lavender in a timely manner.
Furthermore, the Client will inform CX Lavender about its decisions, evaluate received documents and furnish all the requisite cooperation according to agreed timeframes in order to enable CX Lavender to meet the delivery date.
The Client warrants to CX Lavender that it is entitled to provide all prerequisites it makes available to CX Lavender and shall indemnify CX Lavender against all liability arising from its use of those prerequisites in accordance with the Client’s instructions.
In the event that the Client fails to provide the cooperation or prerequisites referred to in this clause 7 at CX Lavender's disposal or fails to do so on time or in accordance with the arrangements made, or in the event that the Client otherwise fails to satisfy its obligations, after consultation with the Client, CX Lavender shall be entitled to suspend contract performance and the delivery date without being obliged to pay the Client any kind of compensation and CX Lavender is also entitled to charge any resulting costs and additional work in accordance with its regular rates.
If the employees of CX Lavender and/or third parties are to perform work, in the execution of a contract, at the Client's premises or at any other site designated by the Client, the Client shall be responsible for providing, at no charge, any facilities reasonably required by such employees.
If CX Lavender contracts out all or part of the supply of certain goods, the provision of certain services and/or work to one or more third party(ies), CX Lavender may, upon request of the Client, act as its agent/lawful representative.
Any contracts to be concluded with any third party by CX Lavender on the Client's behalf in conformity with the provision of clause 8(a) (including but not limited to providers of any third party software and corresponding EULAs, such as, CMS, E-commerce, Marketing platform software, Map and location software and Search engine software), shall be deemed to have been concluded directly between the Client and any such third party and CX Lavender accepts no liability in the matter.
Due to convergence and the overlap of Clients’ services, the competitive landscape is constantly evolving. As a CX agency involved in consulting, data, creative and technology, it makes it truly difficult to fully avoid any competitive conflict.
CX Lavender will use reasonable endeavours to comply with its competing and overlapping relationships policy as amended from time to time as provided here. Alternatively, CX Lavender will provide a physical copy upon written request.
All property, right and title in and to any copyright or other intellectual property rights (“Rights”) subsisting in the Existing Material will remain the exclusive property of CX Lavender.
Subject to payment of all relevant Fees, all Rights in the Developed Materials will vest in the Client.
To the extent that any deliverable item incorporates any Existing Materials, CX Lavender grants to the Client a non-exclusive license to use the Existing Materials, but solely for the purpose of, and only to the extent required, to enjoy the benefits of the deliverable as contemplated under the relevant proposal document.
Notwithstanding anything to the contrary in these Terms, any proposal or other correspondence between the parties, CX Lavender shall not be restricted from using for its own benefit or for the benefit of a third party the knowledge and skill sets acquired in the course of performing services for the Client.
To the maximum extent permitted by law, the Client must not: reverse engineer, decompile or disassemble the whole or any part of the Existing Materials, or create derivative works based on the Existing Materials; permit or enable unauthorised access or use of the Existing Materials or accompanying written materials by third parties; or directly or indirectly allow or cause a third party to do any of those things, without CX Lavender’s prior written consent.
In these Terms: "Existing Materials" means all documents, creative, concepts, data, design, software systems, methods, processes, inventions, reports, databases, computer software, hardware and other information and intellectual property belonging to CX Lavender that CX Lavender makes available to the Client or otherwise employs for the purposes of performing its services.
"Developed Materials" means any materials developed or created by CX Lavender in the course of, or associated with, its services (including without limitation all data and reports), solely for the Client but excludes any Existing Materials (or enhancement or modifications of Existing Materials).
"Deliverable" means any deliverable item or material identified in an agreed contract, proposal or job order form between the parties.
Without prejudice to the provisions in clause 10, Intellectual Property of these Terms, CX Lavender shall grant the Client the non-exclusive right to use the software in Existing Materials, which right shall pertain exclusively to the right to load and run the software.
The source codes of the software and the technical documentation produced in the development of the software shall not be supplied to the Client and in case the Client wishes to have (technical) documentation, the Client should request for a price quotation of CX Lavender.
The Client shall return all the copies of the software in its possession to CX Lavender if the aforementioned right to use the software is terminated and if the parties have agreed that, at the end of the right of use, the Client shall destroy the copies in question, the Client shall provide CX Lavender with confirmation of such destruction without delay.
Upon request of the Client the parties may conclude a separate support and maintenance and/or service level agreement. In the case of any inconsistency between that agreement and these Terms, the other agreement will prevail.
Whether during the term of the contract or otherwise, parties shall be required to maintain secrecy regarding the confidential information that comes to their knowledge, and not to disclose it in any manner to any third party (including but not limited to all persons working in the organisation of each party who do not need to be informed of the information) and/or to provide it for any use; other than the exclusive use for the purpose for which it was placed at its disposal.
Within the meaning of these Terms, the term "confidential information" shall be defined as: all information provided directly or indirectly in written, oral or other form which is designated as confidential and/or which the other party knows to be or should reasonably understand to be confidential;
all product, marketing, Client and/or other business information designated as such and/or which the other party knows to be or should reasonably understand to be confidential, regardless of the manner in which it has been provided; all documentation, data, drawings, benchmark test(s) and benchmark data, specifications, object codes, source codes, production methods, technologies and/or other information in connection with software (to be) developed by one party that is designated as confidential and/or which the other party knows to be or should reasonably understand to be confidential, regardless of the manner in which it has been provided; and any copy in any shape or form of the above.
The parties' obligations shall not apply in regard to confidential information where the receiving party can prove that: it is generally known and/or publicly available or;
it was already known to it and not subject to any confidentiality obligation prior to it being furnished to it by the other party.
The Client must ensure that all personal data provided by the Client for processing purposes is collated and managed in accordance with all of the applicable privacy laws.
This clause 13 shall remain in effect for a two-year term (subject to a one-year extension if the parties are still discussing and considering the work at the end of the first year). Notwithstanding the foregoing, the parties’ duty to hold in confidence Confidential Information that was disclosed during the term shall remain in effect indefinitely.
To the maximum extent permitted by law, either party’s total liability under these Terms shall be limited to the direct damage up to an amount which is the lesser of the amount paid by the Client for CX Lavender’s services giving rise to the liability or AU$1,000,000 (one million Australian dollars). For the purposes of these Terms, "direct damage" of the Client shall be exclusively understood to mean: (i) the reasonable costs that the Client has been forced to incur in having the CX Lavender's performance satisfy the terms of the contract; (ii) the costs that the Client has incurred in connection with it having been necessary for it to keep its old system(s) and related facilities operational for a longer period due to CX Lavender not having effected delivery by or on an essential delivery deadline, minus any cost savings realised due to the delayed delivery; (iii) reasonable costs incurred in determining the cause and scope of the damage, to the extent that this determination concerns direct damage within the meaning of these Terms; (iv) reasonable costs incurred in preventing or limiting the damage, to the extent that the Client has acted properly in CX Lavender's interest.
Neither party shall be liable for indirect damage, which shall include but not be limited to consequential damage, loss of profit, lost savings, damage caused by business stagnation, missed contracts and/or damage to the reputation of the other party.
Parties’ total liability for damage caused by death or bodily injury or for physical damage to property shall be limited to AU$1,000,000 (one million Australian dollars) in total.
CX Lavender will not be responsible for any liability unless it is reported to CX Lavender in writing as soon as possible after the damage arises, and in any event no more than 90 days after the delivery date, or, in case the contract has been terminated prematurely, within 90 days of the date of termination of the contract.
CX Lavender shall not accept any liability for any damage caused by goods supplied by or through CX Lavender being used in a manner other than the one agreed upon between the parties.
Any advice furnished by CX Lavender shall be to the best of CX Lavender's knowledge and the furnishing of advice by CX Lavender shall not release the Client from its obligation to carry out its own research into the suitability of the goods and/or the services to be supplied for their intended purpose.
CX Lavender shall accept no liability whatsoever for the total or partial loss of content and/or data.
The Client shall indemnify CX Lavender against all claims by third parties resulting from a defect in a product or system that the Client has supplied or resulting from any other action or omission taken on behalf or on instruction of the Client.
The Client shall not, under any circumstances, use the services or facilities provided, including servers and storage facilities, to commit any offence or to cause any loss, nuisance or damage to CX Lavender or third parties and the Client shall hold CX Lavender harmless to all third-party claims incurred by CX Lavender in that respect.
To the maximum extent enforceable by applicable law, during the term of these Terms and for a period of twelve (12) months thereafter, neither party shall, directly or indirectly, for itself or on behalf of any other person: hire or solicit for hire any employee of the other party except through a general advertisement; in any manner attempt to influence or induce any employee of the other party to leave the employment of such party; or disclose to any person or entity any information obtained while rendering services to or receiving services from the other party concerning the names and addresses of the other party’s employees.
Both parties hereby acknowledge and agree that the restraints contained in this clause 15 are reasonable in scope and duration having regard to the interests of the parties to these Terms and go no further than is reasonably necessary to protect the business and commercial interests of the other party.
Neither party shall be liable for any failure to perform its obligations (other than obligation to make payment) under these Terms if prevented from doing so by a cause or causes beyond its reasonable control and without limiting the generality of the foregoing, such causes include acts of God or the public enemy, fires, floods, storms, earthquakes, riots, strikes, lockouts, acts of terrorism, wars or war operations, restraints of government or other cause or causes which could not with reasonable diligence be controlled or prevented by such party.
Either party may terminate these Terms if a force majeure event affecting the other continues substantially uninterrupted for a period of 60 days or more and unless terminated pursuant to the preceding sentence, any milestone dates or deadlines set out in a proposal or job order form will be automatically extended for a period up to the duration of the force majeure event.
If one of the parties, having received a written demand from the other party, continues to default on any of its essential obligations under a contract and/or these Terms, the party concerned shall be entitled, without further notice of default of the other party or court intervention and without prejudice to any of its statutory rights, to terminate the relevant contract with immediate effect and without being obliged to pay the breaching party any kind of compensation, by written notice.
Each party shall also, without prejudice to its statutory rights, be entitled to terminate a contract immediately on written notice if the other party applies for or is granted a (temporary) suspension of its payment obligations, applies for its own bankruptcy or is declared bankrupt, ceases its business operations, if a considerable part of its assets are attached, the legal entity status of the other party is dissolved or if control over or the majority voting rights in the other party’s legal entity come to rest with a third party.
If the parties have agreed in writing to the performance of an acceptance test, the Client shall have a period of ten working days as from the delivery of the deliverable in which to test whether the deliverable satisfies the specifications (the "test period").
The acceptance test shall take place in an environment as agreed between parties in advance and in accordance with an agreed procedure.
Acceptance of the deliverable may be withheld only on the grounds of the deliverable failing to satisfy the specifications, unless minor defects in the deliverable are involved, being defects which do not reasonably prevent the deliverable from being put into operational and/or productive use, and without prejudice to CX Lavender's obligation to remedy these minor defects at no charge.
If, during the test period, it becomes apparent that the deliverable does not satisfy the agreed specifications, the Client shall so notify CX Lavender in writing on, at the latest, the final day of the test period, describing the specifications which the deliverable does not satisfy ("the defects"), in which case the test period shall be interrupted and CX Lavender shall then proceed to remedy the defects specified in the aforesaid notification as quickly as possible and redeliver the deliverable to the Client, without this involving any costs for the Client.
At the time of the deliverable’s redelivery, the test period of 10 working days shall recommence.
Should the Client then encounter new defects in the software as a result of its not satisfying the specifications, i.e. defects that were not already present during the previous test period and which, therefore, the Client could not have reported to CX Lavender during the previous test period, the procedure described above shall be repeated.
The Client shall be deemed to have accepted the software: upon delivery, in cases where the parties have not agreed on an acceptance test; or upon expiry of the test period, in cases where the parties have agreed on the performance of an acceptance test; or once CX Lavender has remedied the defects reported in the notification; or by putting the deliverable into use.
If the deliverable is delivered and tested in stages and/or parts, the non-acceptance of a certain stage and/or part shall not prejudice any acceptance of another stage and/or part.
With respect to work consisting of the restoration of damaged and/or lost data, the Client should request for a price quotation of CX Lavender as well as for the repair of defects which result from changes which the Client has (had) made to or in the deliverable without CX Lavender's prior written consent and CX Lavender shall be entitled to charge its customary commercial rates and the repair costs if the defects in the deliverable have been caused by errors in using and/or the injudicious use of the deliverable and/or by other causes for which CX Lavender is not responsible.
For a period of one month after delivery or, if agreed on, the expiry of a test period, CX Lavender shall remedy for free any defects in the deliverable as a result of its not satisfying the specifications or (in as far as other criteria were agreed during the test period) its not satisfying the written acceptance report, if and to the extent that it is notified of these defects in writing by the Client within this period.
CX Lavender does not warrant that the deliverable will operate without interruption and/or defects and/or that it will be possible to repair all defects, nor does it make any representations or warranties that any information, of any form, provided or made available by it, is reliable, accurate, or complete. CX Lavender makes no guarantees of any specific result from use of the deliverables or any other information provided.
The Client shall be responsible for the correct and judicious use/application of the deliverable, as well as having control and security procedures and effective system management in place.
CX Lavender shall be entitled during the aforementioned warranty period to charge its customary commercial rates and the repair costs if the defects in the deliverable have been caused by errors in using and/or the injudicious use of the deliverable and/or by other causes for which CX Lavender is not responsible.
The warranty obligations shall lapse if the Client has made or has had changes made to or in the software without CX Lavender’s prior written consent and the restoration of damaged or lost data shall not fall within the scope of the warranty obligations. Defects shall be repaired at a location to be determined by CX Lavender. CX Lavender shall be entitled at its own discretion to introduce definitive or temporary solutions or program detours and/or problem-avoiding restrictions into the deliverable. After expiry of the warranty period described in this clause, CX Lavender shall not be obliged to repair any defects in the deliverable, unless the parties have concluded a maintenance or service level contract for this purpose.
These Terms along with any agreed proposal, job order form and/or contract constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied unless agreed to in writing by both parties. All other terms and conditions express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
Unless otherwise agreed in writing by both parties these Terms will apply every time CX Lavender is retained by the Client to perform services at any time in the future.
Any notice required or permitted to be given by either party to the other under these Terms will be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified, pursuant to this provision, to the party giving the notice.
No failure or delay by either party in exercising any of its rights under these Terms will be deemed to be a waiver of that right, and no waiver by either party of any breach of these Terms by the other will be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected. Nothing in these Terms will create or constitute or be taken to create or constitute a partnership, joint venture or agency between the parties. The Client may not assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of CX Lavender. Any term or warranty in these Terms will survive the expiry of termination of these Terms which is necessary in order to give effect to its provisions needs to survive the said expiry or termination. The law of New South Wales will apply to these Terms, and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
Each party represents and warrants to the other that the person who signs any job order form or proposal is duly authorized by the Client to do so and that by signing the same, the Client also agrees to be bound by these Terms and altogether this Agreement is valid, binding and enforceable upon such execution.
Upon formal acceptance of first contracted service, CX Lavender reserves the right to disclose and promote the Client's engagement of CX Lavender, and the nature of the services CX Lavender will provide, to the press via press release issue or media comment.
Competing & overlapping relationship policy
a) Due to convergence and the overlap eg client's services, the competitive landscape is an ever-shifting web. As a CX agency involved in consulting, data, creative and technology, it makes it truly difficult to fully avoid any competitive conflict.
b) Also, a trend in CX is that our market is smaller, more bespoke, than traditional mainstream advertising agencies. CX agencies tend to work with clients who have sizeable customer bases and are dedicated to delivering an unparalleled customer experience. There are simply fewer clients in our marketplace. This has led us to adapt in order to manage multiple competing or overlapping client situations.
c) CX projects are vastly different/diverse with data, systems, CX mapping, creative and technology – and the work can often be in the background of a client’s business. Therefore, what’s being done for one competing or overlapping client is likely to be highly different to another. It’s not like mainstream advertising with very obvious TV campaigns. An advantage of representing clients in the same or overlapping industry is our knowledge and expertise in that industry, which ultimately benefits our clients.
d) We respect that this micro market instability is just the opposite of what clients want to hear from us. What they want is exclusive access to top talent and subject-matter experts who will be there for them alone in their sector. In our more contained market this is harder to deliver and leads us to provide a responsible and secure offering to manage overlapping or competing clients.
e) CX Lavender takes the subject of client security very seriously, training employees on the dangers of overlapping or competing clients and the usage of conflict mitigation tools, including firewalls, as well as policies and processes for training, audits, and enforcement. We protect our clients and use a simple but complex system to recognise individual client’s IP, maintaining extensive contractual and physical operating frameworks. We have strict policies and processes to limit information exchange between groups. This includes physical separation of groups, separate geography of offices, distinct file servers and printers, and scope of work defined by area.
a) This policy sets out procedures and organisational structure for ensuring that one client’s sensitive information is not used or disclosed for the benefit of another client, whether or not those clients are competitors.
b) Full compliance to this policy is mandatory for every employee of CX Lavender and contractors involved in: at least one delivery solution managing CX Lavender day-to-day and high level relationships with clients. Some projects undertaken may require extraordinary levels of restrictions on CX Lavender’s operational flexibility. These are discussed further down as “special procedures.” They may only be implemented with the agreement of the Executive Team and with a client request.
a) Client and Project Teams working on confidential assignments will be appropriately separated from other teams, management of circulation and visibility of physical documents will be monitored so their access is limited to team members only. All project documentation must clearly display one of the appropriate privacy markings:
(i) Commercially in confidence - CX Lavender proprietary information.
(ii) Client in Confidence - Client confidential information or CX Lavender professionally sensitive material relating to the client engagement.
b) Office Services and Technical Support teams will carry out normal support services to the project teams; such services include all that is necessary to allow project work viability. All members from these teams are therefore subject to normal level of security. Documents containing confidential information which are not required any more for the sake of the project must be either shredded or put in a “confidential data protection” bin for destruction. At least one lockable storage facility will be provided to project teams to keep confidential project documentation; this facility will be sufficient to store all documentation which needs to be kept. Each member of a project team working on a confidential assignment shall sign a personal Non-Disclosure Agreement, which will restrict the sharing of confidential information and impose a standard of care.
c) Each project has its own dedicated storage area on the network; this area is restricted to project team members only. Management of circulation and visibility of electronic documents will be controlled so their access is limited to team members only.
a) Information which might endanger project confidentiality will not be divulged during meetings when other people than project team members are attending these meetings, if such information is to be discussed, one or both teams will be asked to leave.
b) Resourcing managers will be kept aware of potential conflicts due to CX Lavender employees’ and contractors’ past assignments, and will be tracked in a resourcing register.
c) Each employee or contractor will confirm in writing that they have read and fully understood this policy and will abide by this policy. This will also form part of the induction process for all new members to the team and ongoing checks will be performed to ensure this is enacted.
d) At the initiation meeting and at suitable intervals, employees will be reminded of their obligations under this policy.
e) Full compliance to this policy is compulsory; breach of this policy is a serious disciplinary offence.
5a) Some clients and specific projects may require extraordinary levels of restrictions on CX Lavender’s operational flexibility. These “special procedures” may only be implemented with the agreement of the Executive Team, and with a client request.
b) CX Lavender may, in relation to an employee working full or substantially full-time on a project for a particular client, agree in writing not to deploy, for a period of time to be agreed with the client, such employee in providing any services to any competitor (a list to be agreed) of such client.
c) Some projects might require special attention; in that case, details of what requirements would be implemented should be specified as an addendum to this policy. Implementation is subject to approval by the Executive Team. This is also subject to an agreement on incremental costs that such special measures would result in.
d) When specifically requested by the client, CX Lavender shall ensure that each employee or contractor involved in the client’s business signs a personal and client-specific Non-Disclosure Agreement which will restrict the sharing of confidential information and impose a standard of care.
e) The project team for each client will be housed, where necessary, in a separated project location, with access thereto only for project team members.
f) All documentation relating to a specific client or project will be kept in the separate location in a lockable storage unit. Client or project documentation may not be removed from the separate location unless expressly authorised by the Group Business Head or Lead Project Manager in writing.
g) Each project will have its own dedicated storage area on the network. This area will be protected by password, and access will be restricted to members of the project team. Where appropriate and as requested, an individual client or project can have its own dedicated storage and network with secure access. This is also subject to an agreement on incremental costs that such special measures would result in.
h) Dedicated hardware will be provided for team members to use, including dedicated printers.
i) Client-specific information and any other sensitive client material must not be shared in any weekly or other meetings of each CX Lavender team, or any other CX Lavender internal information and/or knowledge sharing meeting.
j) Any “learning/skills/experience” gained from a project which is commercially sensitive for the relevant client (this will frequently be time dependent; for example, prior to the public launch of a redesigned website) and/or which unavoidably contains client confidential information may only be shared outside the project team with the client’s prior written consent.
k) Confidential and/or sensitive client information contained in documents no longer required must be shredded.
l) All desks must be left clear at the close of business. Any material left on a desk or elsewhere in the office will be removed and stored in a locked cupboard.
m) Each employee must confirm in writing (including email) to the CEO that they have read and fully understood any of the above “special procedure” items listed in clause 5, that may be requested by the client and approved by the Executive team. Breach of this policy is a serious disciplinary offence.
a) Authorisation Process for Information Processing Facilities Project Managers are to authorise team members for each discrete client or project, and keep records of the authorisation.
b) Confidentiality Agreements: The Project Manager will obtain Non-Disclosure Agreements if not already in place when people are assigned to sensitive projects. Confidentiality agreements are filed in HR, and NDAs held by the Administrative team.
c) Addressing Security when Dealing with Customers: Once a sensitive project is accepted, interface with client is controlled by the Group Business Head and Project Manager.
d) Inventory of Assets: Client assets are the responsibility of the relevant Group Business Head and Project Manager. Suitable access control is set up at the beginning of a project after liaising with the client to understand security and confidentiality requirements.
e) Information Classification Guidelines: CX Lavender classifies information in terms of its value, legal requirements, sensitivity and criticality to the organisation and client. The information used by Project Teams and security levels is designated according to the needs of the work and requirements of the client.
f) Tier 1 is for normal project operation with dedicated project files on a secure file server with access limited by the Project Managers to relevant staff. Change management for access control to the project files is carried out through the ticketing system and process that provides authorisation and tracking.
g) Tier 2 is tailored according to specific client needs and a physical secure project area is normally established for the project team, together with a clear desk policy.
h) Tier 3 is there to ensure the highest level of security of information, the work is either (Executive team or CEO approval required):
(i) Carried out in client premises.
(ii) Carried out on CX Lavender premises but with a very high level of security or for CX Lavender staff to work remotely with secure network access to the client’s systems.
(iii) The name of the client or system is kept confidential so no-one outside of the immediate team and senior management knows about it. A separate secure area and code name for the project would be used. This has been required for new product launches for clients.
i) Information labelling and handling: CX Lavender separates project information by client account and by project number, each project having a unique identity. Assets are labelled and held in project designated areas. Individual project documentation is labelled according to its degree of confidentiality, i.e. Commercial in Confidence or CX Lavender in Confidence.
j) Screening of Contractors. New Employees and Project Members: Background verification checks are done on all candidates for employment, contractors and third party users where this is relevant and proportional to business requirements, client requirements or relevant laws.
k) References are taken for new employees and although this is intended to verify the identity and integrity of the person it does satisfy an initial view of trustworthiness with regards to security. For any overseas employees or contractors standard Work Permit data is collected and reviewed.
l) HR and Group Business Head Managers are required to carry out any specific security screening as required by a client with respect to Tier 2 and Tier 3 projects.
m) Removal of Access Rights: Low level staff lose rights on day of departure. Others have rights denied immediately once notice to terminate is issued by Group Business Head. Project Managers are responsible for ensuring all access rights to project environments are rescinded when a Project ends even if staff are redeployed within CX Lavender.
a) In order to facilitate and safeguard the Client’s confidential and proprietary information the following team and delivery structure will be adhered to.
b) The client teams will be separated depending on interaction and exposure to sensitive information and data, these may include separate and distinct Business Management, creative, and strategy teams.
c) As discussed with Client, separate physical locations for these functions can be implemented, depending on the nature and size of the specific client/project.
d) For all digital development and delivery aspects of a project, CX Lavender will utilise its technology, digital and production teams as a common resource to be shared by all client teams.
e) All output delivered from the technology, digital or production teams for a specific client will utilise separate and secure project management instances as well as dedicated and compartmentalised storage for all files.
f) Should hosting be a requirement, CX Lavender will ensure that all projects marked as confidential are hosted on a client specific instance on our AWS infrastructure and estimated as such.
g) Should the Client utilise CX Lavender’s SaaS offering separate and unique instances and IPs will be used to deliver this service.
h) All client data will be segregated at the database level and secured in separate locations on separate virtual devices.
i) Access to data will only be permitted to authorised team members on a required basis and will require login credentials.
j) All source code will be stored and maintained on separate source control instances.
Privacy Notice
This Privacy Notice informs you about the type of data collected through the CX Lavender website ("Site"), and how we at CX Lavender use, disclose, and protect that information.
This Privacy Notice applies only to the information we collect on the Site (at www.cxlavender.com.au, including all its sub-domains), and not to any information that we may collect through other methods or services, including websites owned or operated by our clients, affiliates, vendors or partners.
We may collect and store personal information that you choose to voluntarily provide to us when you contact us, such as when you sign up or register for a newsletter or an account or submit your resume as part of a job application. Personal information may include but is not limited to your name, residential or business address, email address, or phone number. We use the information you provide to send you the communications that you request. We may also use the information to communicate with you about other topics that we think may be of interest to you.
We are committed to making your online experience with our Site informative and relevant. To achieve this, we collect certain information by automated means when you visit this Site, such as your IP address, the type of internet browser you are using, operating system, referring URLs, information on actions taken on the Site, how many users visited and dates and times of visits. By collecting this information, we learn how to best tailor our Site to our visitors. We collect this information by various means, as explained below.
Cookies are bits of text that are placed on your computer’s hard drive or mobile device when you visit certain websites. Cookie technology holds information a site may need to personalise a visitor's experience. Cookies may also be used for security purposes and to gather website statistical data, such as which pages are visited, what is downloaded, and the paths taken by visitors to our website as they move from page to page. You do have control over cookies, and can refuse the use of cookies by selecting the appropriate settings on your browser. Note, however, that by not accepting or deleting the use of cookies, you may affect your experience and you may not be able to take full advantage of all features on this Site. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please consult the "Help" section of your browser for more information.
We may also use third-party solutions to conduct web analytics, such as Google Analytics. Google Analytics is a web analytics service provided by Google, Inc., which uses cookies to help analyse how users use this Site. The information generated by the cookie about your use of this Site (such as your IP address, the URL visited, the date and time the page was viewed) will be transmitted and stored by Google on servers in the United States. Google will use this information to monitor your use of this Site, compiling reports on website activity for website operators and providing other services related to website activity and internet usage. Google may transfer this information to third parties where required by law, or where such third parties process information on Google’s behalf. For more information about Google’s privacy policy in respect of Google Analytics, please refer to http://www.google.com/analytics/learn/privacy.html. You may opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout?hl+en=GB.
We may use the information we obtain about you both to further our relationship with you and for other purposes, including to:
- send you newsletters and/or industry updates;
- process, evaluate and respond to your requests and inquiries;
- verify your identity to ensure security for the other purposes listed here;
- operate, evaluate and improve our business (including developing new services; managing our communications; learning about our visitors, analysing our services, website and other web applications; and facilitating the functionality of our website or other web applications);
- perform data analysis (including anonymisation of personal information);
- enforce our Terms of Use;
- comply with applicable legal requirements and industry standards and our policies
We may use personal information for other additional purposes. We will identify these additional purposes at the time of collection.
We do not sell or otherwise disclose personal information we collect about you, except as described herein or otherwise disclosed to you at the time the data is collected. We may share your information among CX Lavender related entities. We also may share information provided by our visitors to this Site with service providers we have retained to perform services on our behalf, including without limitation, hosting or operating this Site, carrying out your requests, responding to your inquiries, and analysing data. We require these service providers by contract to appropriately safeguard the privacy and security of personal information they process on our behalf. We may disclose information about you as compelled or required by law, to law enforcement authorities or other government officials, to protect or defend our legal rights, or in order to investigate, prevent or take action regarding illegal activities, suspected fraud, or violations for our Terms and conditions for using this Site, other applicable policies or other web applications. We also reserve the right to transfer personal information we have about you in the event that we sell or transfer all or a portion of our business assets.
We may transfer the information we collect on this Site to other countries other than in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Notice.
The security of information is important to us, and we are committed to using reasonable measures to protect the personal information we may collect. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us or the information stored on this Site are absolutely secure.
This Site may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly encourage you to review to better understand their procedures for collecting, using and disclosing personal information. We are not responsible for the content of the linked websites, any use of these sites, or the privacy practices of these sites.
This Site is not intended for children and we do not knowingly solicit personal data from or communicate with children under the age of 13. Further, this Site is not intended for incapacitated persons, and we do not knowingly solicit personal data from individuals who are incapacitated. If you become aware that your child, any child under your care, or a person otherwise not able to provide valid consent has provided us with information without a parent or guardian’s consent, please contact us as described below.
You can tell us at any time not to send you marketing or service communications by email by clicking on the unsubscribe link within the marketing or service emails you receive from us or by contacting us as indicated below. Subject to applicable law, you may have the right to request access to and receive information about the personal data we maintain about you, update and correct inaccuracies in your personal data and have the information modified or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. To update your information, ask us to remove you from our mailing lists or submit a request, please send your request to privacy@cxlavender.com.au. For your protection, we may require proof of identity, including proper verification and confirmation that you are the individual entitled to request access, before providing information to you.
By using this Site, you consent to the processing of your personal information as described in this Privacy Notice.
If you have any questions about this Privacy Notice or our privacy practices, please feel free to email us at privacy@cxlavender.com.au or write to us at:
CX Lavender
Level 1, 7 Kelly Street
Ultimo, NSW 2007
Australia
Attn: Office Manager
We reserve the right to change or add to this Privacy Notice from time to time and will post any revisions on this Site. We will indicate at the bottom of the Privacy Notice when it was most recently updated. We encourage you to check back often to review the latest version.
Privacy Notice Effective Date: 14 October, 2022
Anti-discrimination
CX Lavender is committed to a comprehensive strategy for eliminating discrimination and harassment in our workplace.
CX Lavender aims to:
- Create a working environment which is free from discrimination and harassment and where all members of staff are treated with dignity, courtesy and respect
- Implement training and awareness-raising strategies to ensure that all employees are aware of their rights and responsibilities
- Provide an effective procedure for complaints, based on the principles of natural justice
- Treat all complaints in a sensitive, fair, timely and confidential manner
- Guarantee protection from any victimisation or reprisals
- Encourage the reporting of behaviour which breaches the discrimination and harassment policy
- Promote appropriate standards of conduct at all times.
Discrimination and harassment at CX Lavender will not be tolerated under any circumstances. Disciplinary action will be taken against any employee (or agent) who breaches the policy.
Definition
CX Lavender defines discrimination and harassment in the following way:
Discrimination or harassment occurs when a person is discriminated against or harassed in the workplace and in certain areas of public life:
- Because of their race, colour, descent, nationality or ethnic origin, as defined under the Racial Discrimination Act 1975
- Because of their sex, marital status or pregnancy as defined under the Sex Discrimination Act 1984
- Because of a disability as defined under the Disability Discrimination Act 1992
- Because of age as defined under the Age Discrimination Act 2004 (Cth)
- Or because of some other grounds defined under the Australian Human Rights Commission Act 1986 (Cth)
In addition, under NSW law, a person will not be discriminated against because of their:
- Carer’s responsibilities
Sexual orientation
- Gender identity
Responsibility
At CX Lavender, managers have responsibility for ensuring that staff and clients are not harassed or discriminated against within the workplace. It is also the responsibility of every employee to ensure that they do not engage in discriminatory or harassing behaviour within the workplace.
Reporting
Instances of harassment or discrimination should be reported to your direct manager in the first instance. If a resolution is not reached, the complaint should be brought to the attention of HR. Again if no resolution is reached, the complaint must be directed to the Managing Director for resolution.
If internal resolution is not reached, complainants can direct their case to the Anti-Discrimination NSW or the Australian Human Rights Commission.
Please refer to the CX Lavender Formal Complaints Procedure document for further details on this process.
Environmental
Purpose
The purpose of this Environmental Risk Management System is to ensure CX Lavender is consistently working to reduce its environmental impact to ensure environmental best practice is achieved. CX Lavender recognise the extreme importance of sustainable environmental practices and is committed to implementing all possible strategies to guarantee this within our business activities.
Governing Principles
This Environmental Risk Management System is a vital tool that is reviewed on a regular basis, and fully prepares CX Lavender's business to meet the challenges that arise in operating in an environmentally sustainable manner. The following principles govern this policy to allow CX Lavender to achieve what is outlined in this statement. CX Lavender is committed to:
- Legal compliance: CX Lavender will ensure that all legal implications of their environmental practices are considered to guarantee compliance
- Product stewardship: CX Lavender will consider all components of campaigns offered to clients and their potential for environmental degradation to minimise negative environmental impact
- Continual improvement: CX Lavender is committed to constant assessment and re-design of all environmental practices and strategies implemented by the business to facilitate best practice
- Sound and ethical treatment of workforces: CX Lavender is committed to the use of suppliers with sound and ethical workplace practices
- Involvement and communication: CX Lavender works to involve all employees and suppliers in their mission to conduct their business practices in an environmentally sustainable way and making it part of their corporate culture through training and constant communication
Environmental Mission Statement
To recognise and fully understand all facets of CX Lavender’s environmental impact in both day-to-day and long-term activities and implement strategies to minimise any detrimental effect.
Objectives
CX Lavender has set the following key conditions in order to work towards achieving this Environmental Vision.
- Reduce, reuse and recycle whenever possible
- Preferred purchasing of environmentally friendly products
- Use of suppliers with sound and ethical workplace practices
- Instilling environmental responsibility and care as a corporate value
CX Lavender Environmental Risk Management Policy
As part of its commitment to exceptional corporate citizenship, CX Lavender is dedicated to minimising its direct and non-direct impact on the environment through a sound environmental policy embraced by all stakeholders. CX Lavender has pledged continuous improvement of its environmental performance across all business activities.
As part of this commitment CX Lavender will:
- Encourage clients and suppliers to choose environmentally friendly options whenever possible
- Educate and communicate with all stakeholders on a regular basis, particularly employees, about the importance of green practices and environmentally friendly business activities
- Promote the use of recycled or recyclable materials not only internally but also to external suppliers and clients
- Participate in industry wide initiatives for the protection of the environment led by any appropriate government or industry body and actively seek these initiatives
- Comply with all legal and regulatory environmental requirements as well as industry best practice
- Establish programs such as green purchasing to achieve pre-determined environmental targets and objectives. This will involve quarterly meetings of key stakeholders to determine new programs and assess current successes and learnings
- Continually work to reduce pollution and energy consumption
Current Measures Implemented by CX Lavender
CX Lavender has already taken substantial steps towards conducting business activities in the most environmentally sustainable manner possible. The following are current strategies in action on a daily basis.
The CX Lavender Brand
Culture
CX Lavender strives to operate at the optimal level of environmental awareness and consideration. These values are at the core of our company culture
Waste Minimisation
CX Lavender is working towards a zero waste to landfill strategy and will work with clients and suppliers alike to ensure that these options are adopted wherever possible
People
Waste Minimisation
CX Lavender has a strong recycling policy with all employees trained about recyclable materials and recycling procedures
Waste Minimisation
CX Lavender provides employees with recycling bins for paper and a central recycling point exists on each floor for glass, plastics and tin
Reduction in Carbon Emissions
When possible company travel is Carbon Offset
Reduction in Carbon Emissions
Employees are encouraged to cycle or walk to work with bike racks and shower facilities provided
Culture
The ‘CX Lavender Green’ programme has been established by staff, with a core team meeting to discuss and action environmental change within the workplace
Culture
Community Service Leave; employees are provided with one days paid annual leave each year where they are encouraged to undertake an act of environmental or community service
Culture
New employees to CX Lavender are given an induction on the CX Lavender environmental policy
Future Improvement
To ensure environmental strategies are being constantly addressed, an Environmental Protection Agent has been nominated within the company to run quarterly assessment meetings
Information Technology
Waste Minimisation
Australian Toner Supplies is engaged to recycle all used printer cartridges. Reducing the environmental impact of new manufacturing
Waste Minimisation
Redundant computer waste is collected by eWaste to reduce landfill and harmful technological waste
Waste Minimisation
Employees are encouraged to share documents on screen or on the server to reduce printing
Waste Minimisation
Employees are requested to print non-official documents to the ‘green’ tray of the printer stocked with recycled paper
Waste Minimisation
CX Lavender uses Reflex Australian made mixed source and FSC accredited paper to minimise the environmental impact of necessary printing
Waste Minimisation
An email footer encourages employees and other stakeholders to consider the environment before printing
Energy Efficiency
By consolidating and virtualising servers, CX Lavender have merged its IT workload onto fewer servers minimising power consumption
Paperless Office Environment
CX Lavender has introduced Scan and Fax to E-mail to reduce paper use. Implementing this with the virtualisation of servers CX Lavender has cut its paper use by 40% over a 2 month period
Energy Usage Reduction
All computers are configured to powerdown the hard disk after 30 mins of being idle
Energy Usage Reduction
Staff are encouraged to switch off computers at night. If they are left on, shutdown is automated at 10pm every night
Premises
Energy Usage Reduction
Energy efficient light globes are used throughout the office
Energy Usage Reduction
OH&S testing and tagging of all electrical equipment ensures they are running optimally and without using unnecessary energy
Energy Usage Reduction
Any electronic equipment purchases and installations are carefully considered for their energy rating and impact
Environmentally Friendly Resources
CX Lavender considers the environment when purchasing furniture and designing office fit outs
Environmentally Friendly Resources
Australian made products are purchased where possible including locally produced wooden office desks
Waste Minimisation
Paper recycling is collected by Building Management several times a week
Waste Minimisation
A recycling service has been arranged for secure shredding and recycling of confidential documents through Visy Recycling
Environmental Impact Reduction
Where possible, CX Lavender purchases certified green products and does not support products with harmful chemicals or environmentally questionable manufacturing processes
Utilities
Environmental Impact Reduction
CX Lavender have taken measures to switch to Green Energy
Energy Usage Reduction
Measures are in place to reduce energy usage with all appliances and lights switched off when not in use
OH & S
CX Lavender considers the health, safety and welfare of all persons employed by the company and those affected by its operations to be of the utmost importance.
Accordingly, CX Lavender is committed to ensuring that its workplace is safe and without risk to the health, safety and welfare of all our staff, our contractors and our clients.
People are CX Lavender's most important asset and their health and safety its greatest responsibility. Accordingly it is the mutual objective of all managers and staff to actively promote the maintenance of a work environment free from harm.
CX Lavender will provide the necessary resources to comply with the relevant Acts and Regulations and to ensure that the workplace is safe and without risk of harm to any person working in or entering the workplace.
Objectives: Our OHS Policy strives to:
- Achieve and maintain an accident-free workplace.
- Make health and safety a central part of all management and supervisory positions.
- Include health and safety in all planning and work activities.
- Consult with employees on all matters involving health and safety.
- Provide a continuous programme of information and training to ensure our employees and contractors work in the safest possible way.
- Implement a continuous programme of hazard management so that all potential hazards in the workplace are identified and controlled.
- Investigate all incidents, accidents and near misses to ensure future accidents are prevented.
Provide early and effective injury management to those employees who are injured and appropriate rehabilitation strategies to ensure the speedy and safe return to work.
A full copy of our OH&S Policy is available on request.