Acceptable Use Policy

1. Purpose and Scope

This Acceptable Use Policy (“AUP”) sets out the rules that apply to use of the ActivityPulse platform, agent software, website, and related services (together, the “Service”). It forms part of the agreement between Network 1 Media Group Pty Ltd (ABN 82 633 114 753), trading as ActivityPulse, and the customer (“you”, “Customer”).

This AUP applies to the Customer, all administrators, all individuals authorised by the Customer to access the customer portal, and all devices on which the ActivityPulse agent is installed by the Customer.

By using the Service, you agree to comply with this AUP. We may update this AUP from time to time. Material changes will be communicated by email or through the customer portal.

2. Customer Obligations

The Customer is the data controller for all workforce monitoring data collected through the Service. ActivityPulse processes that data on behalf of the Customer. The Customer is solely responsible for ensuring that its use of the Service is lawful in every jurisdiction in which the Service is deployed.

By using the Service, the Customer warrants and undertakes that it will:

1. Install the agent only on devices that are owned or managed by the Customer
2. Provide notice of monitoring to all employees and authorised users of monitored devices in accordance with applicable law
3. Maintain a current workplace monitoring policy that complies with all applicable laws in each jurisdiction in which the Customer operates
4. Obtain any consents required by applicable law before activating monitoring
5. Use the Service only for lawful workplace purposes
6. Comply with the Australian Privacy Principles in handling personal information collected through the Service
7. Use access controls and role assignments to ensure only authorised personnel can view monitoring data
8. Promptly review and respond to any access, correction, or complaint requests received from monitored individuals
9. Notify ActivityPulse without undue delay if the Customer becomes aware of any actual or suspected unauthorised access to or use of the Service or any data within it

3. Prohibited Uses

You must not use the Service to:

3.1 Unlawful or Unauthorised Monitoring

1. Install the agent on any device that is not owned or managed by the Customer
2. Monitor any individual without providing notice of monitoring as required by law
3. Use the Service in any manner that breaches the Privacy Act 1988 (Cth), the Australian Privacy Principles, or any applicable workplace surveillance legislation

3.2 Misuse of Monitoring Data

1. Use monitoring data in any manner that breaches applicable employment, anti discrimination, privacy, or workplace relations law
2. Use monitoring data to harass, intimidate, or stalk any individual
3. Sell, license, transfer, or otherwise commercialise monitoring data collected through the Service to any third party
4. Disclose monitoring data to any party other than as permitted by the Customer’s privacy policy and applicable law
5. Use exported data outside the lawful purpose for which it was collected

3.3 Personal and Non Workplace Use

1. Install the agent on any personal device or any device used for purely personal purposes
2. Use the Service for relationship monitoring, family monitoring, or any non workplace purpose
3. Resell or repackage the Service for any personal monitoring purpose

3.4 Security and Integrity

1. Attempt to access any data, account, or system that the Customer is not authorised to access
2. Attempt to reverse engineer, decompile, or derive the source code of the Service, except to the extent expressly permitted by law
3. Attempt to probe, scan, or test the vulnerability of the Service or breach any security or authentication measures, except under a written agreed security testing engagement
4. Introduce viruses, worms, malware, or any other malicious code to the Service
5. Use the Service in a way that interferes with or disrupts the integrity, performance, or availability of the Service for other customers
6. Bypass or attempt to bypass any usage limits, rate limits, or access controls

3.5 Service Misuse

1. Use the Service to send spam, phishing, or other unsolicited communications
2. Use the alerting or reporting features to harass any person
3. Share account credentials between users (each authorised user must have their own account)
4. Use automated tools to scrape, harvest, or extract data from the Service in a manner not provided for by the documented export functionality
5. Misrepresent your identity or affiliation when contacting ActivityPulse support

4. Use of Invisible Mode

The Service includes an optional invisible mode that allows the agent to operate without a visible system tray icon or end user notification. The Customer is responsible for selecting the deployment mode appropriate for its jurisdiction and workplace monitoring policies, and for ensuring all applicable notice and consent obligations have been met before activating invisible mode.

5. AI Usage Monitoring

The Service includes features that capture prompts entered into and content received from third party AI services such as ChatGPT, Claude, Gemini, and Copilot. The Customer must:

1. Disclose the monitoring of AI prompts and responses in the Customer’s workplace monitoring policy
2. Use AI prompt data only for lawful workplace governance purposes
3. Apply the same data minimisation, retention, and access control standards to AI prompt data as to other monitoring data

6. Enforcement

If we reasonably believe that the Customer has breached this AUP, we may, without limiting our other rights:

1. Investigate the suspected breach
2. Require the Customer to remedy the breach within a specified period
3. Suspend access to the Service for affected accounts pending resolution
4. Suspend or terminate the Customer’s account in the case of a serious or repeated breach
5. Disclose information to law enforcement, regulators, or affected individuals where required by law or where reasonably necessary to protect ActivityPulse, our customers, or the public

We may suspend access immediately and without prior notice in circumstances where continued use poses an immediate risk of harm, of breach of law, or of damage to the integrity of the Service.

7. Reporting Misuse

If you become aware of any suspected breach of this AUP, including unlawful monitoring, unauthorised access, misuse of monitoring data, or any other prohibited conduct, please report it to us by emailing [email protected].

Reports will be treated confidentially. We will not retaliate against any individual or organisation for reporting a suspected breach in good faith.

8. Relationship to Other Documents

This AUP supplements the ActivityPulse Terms of Service and Privacy Policy. If there is any inconsistency, the Terms of Service prevail unless the inconsistency relates to the protection of personal information, in which case the Privacy Policy prevails.

9. Contact Us

Questions about this AUP can be sent to:

Privacy Officer
Network 1 Media Group Pty Ltd
ABN 82 633 114 753
Email: [email protected]

Postal Address
PO Box 349
Erindale Centre
ACT, 2903
Australia