BenkoPhone Privacy Policy, Terms & Conditions

Working Software Group Pty Ltd T/A BenkoPhone (referred to as “BenkoPhone”, “we”, “our”, or “us”) is committed to protecting your privacy. This Privacy Policy explains the BenkoPhone product and services provided, supported, and managed by Working Software Group Pty Ltd. It describes who we are, how we handle your personal information, and your privacy rights. This Privacy Policy applies to the personal information we collect, use, and process regarding:

visitors to our website at http://www.benkophone.com (“Website”), which is aimed at our business contacts;
users of our BenkoPhone apps (available on Android, iOS, Windows, and macOS) and our PBX and billing platform;
our suppliers, vendors, and business advisors;
our current, potential, and former customers;
visitors to our offices; and
authors of publicly accessible research materials.

If you have any questions or concerns about how we use your personal information, please reach out to us using the contact information provided at the end of this Privacy Policy.

The terms “You” and “Your” also refer to your employer when this agreement involves an individual or organization acting as a contractor, subcontractor, employee, or work-for-hire entity engaged with a BenkoPhone customer.

What does BenkoPhone do?

BenkoPhone provides voice, video, messaging and business telephony solutions. BenkoPhone has been delivering communication services since 2018, serving small to medium-sized businesses. We are based in Australia.

For more information about BenkoPhone, please see our Website.

Collecting and Using Your Personal Data

We may collect certain personal information (“Personal Data”) from you in order to provide our communications services. This Privacy Policy explains how we collect, use, store, and disclose your Personal Data when you use our apps, website, and related services.

We generally use the personal information we collect only for the purposes described in this Policy or for related, compatible purposes. If we need to collect and process your information for an unrelated purpose, we will inform you at the point of collection or as soon as reasonably practicable.

We may also receive Personal Data from third parties (including third-party websites, credit reference agencies, or data brokers) only where those parties are legally permitted to disclose the information. If we obtain your personal information from other sources, we will take steps to verify that such disclosure is lawful and, where required, inform you about the source and any additional details.

Types of Data Collected and Device Permissions

Among the types of Personal Data BenkoPhone collects, by itself or through third parties, are:

Usage Data (including website visits, pages viewed, interactions, IP addresses)
Contacts permission
Camera permission
Microphone permission
Phone permission
Storage permission
Precise location permission (non-continuous)
Geographic position
Data communicated while using the service
App information
Device logs and device information

Personal Data may be provided directly by you (for example, when filling out a form or contacting us) or automatically collected (Usage Data). Unless otherwise specified, all Data requested by the BenkoPhone app is mandatory for us to provide services; not providing required Data may make it impossible for us to offer them.

Depending on your device, we may request access to the following:

Camera permission
Used for taking photos or capturing video.
Contacts permission
Used for accessing contacts and profiles on your device.
Microphone permission
Used for recording audio via your device’s microphone.
Phone permission
Used for reading the phone number of the device, current mobile network information, and call status.
Precise location permission (non-continuous)
Used for sharing your exact location with other users, without continuous tracking.
Storage permission
Used for reading and adding files to shared external storage.

Website Visitors

If you visit our website at http://www.benkophone.com, we may collect certain information automatically (e.g., IP address, device type, browser type, operating system, broad geographic location, and how you interact with our site). We use this information to understand our visitors, improve our services, and for internal analytics.

Prospective and Current Customers

If you or your organization is a prospective or current customer, we may collect:

Contact details (e.g., name, address, email, phone)
Information about your employer or organization (e.g., industry, number of employees)
Payment and account information
Other information you voluntarily provide when requesting our services, quotes, or support

For current customers, we also collect information needed to manage and deliver services (e.g., calls, voicemails, messages, and other usage data). Calls to our sales or service teams may be recorded for quality control, though you may opt out by stating so or hanging up.

Suppliers, Business Advisors, and Office Visitors

If you work for a supplier or business advisor, we may collect your name, job title, contact information, or any details provided to us in the course of our business relationship.
When visiting our offices, you may be asked to provide your name and company for legitimate business and security purposes.

Authors of Publicly Available Research Material

We sometimes rely on publicly available research to improve our business and technology. If you are an author of such research, we may collect publicly available details about you, including your name and relevant qualifications.

The Purpose of Processing

We collect Personal Data primarily to:

Provide and maintain our communications services (including hosting, backend infrastructure, registration, authentication)
Respond to customer requests, manage accounts, and enable relevant features
Comply with legal obligations or respond to lawful enforcement requests
Protect our rights, interests, and users by detecting malicious or fraudulent activity
Improve and develop our products and services based on usage data and feedback

We may share collected Personal Data with:

Business partners, contractors, and authorized third-party agents: for analytics, technical support, and operating or improving our services.
Law enforcement or other third parties: where we believe disclosure is necessary under applicable law, to protect our rights, or the safety of others.
Potential buyers: in the event of a proposed purchase or merger, provided they use such data only as described in this Privacy Policy.
Other persons: with your consent or where legally required.

Retention Time

We keep Personal Data as long as necessary to fulfill the purposes for which it was collected or to comply with legal obligations. Once that retention period ends, we securely delete or anonymize the Personal Data.

If Personal Data is collected for a contract with your organization, we will retain that Data until the contract has been fully performed or as otherwise required by law. If no ongoing legitimate business need exists, we will either delete or anonymize it.

Additional Notices

Cookies and Similar Tracking Technology

We may use cookies or similar technologies to collect and use Personal Data, such as tracking how you interact with our website and emails. For more information about managing cookies, please contact us.

Legal Basis for Processing Personal Information (EEA Visitors)

If you are an EEA resident, we generally rely on our legitimate interests, contractual necessity, or your consent. In some cases, we may also have a legal obligation to collect Personal Data.

International Data Transfers

Your Personal Data may be processed in countries other than your own, subject to safeguards designed to ensure ongoing protection under this Privacy Policy.

Data Security

We use technical and organizational measures to protect your Personal Data from unauthorized or unlawful processing, including encryption where appropriate.

Children

BenkoPhone does not knowingly process Personal Data from individuals under the age of 18. If we become aware of such data, we will delete it.

Information About Others

If you provide us with information about another individual, you confirm that you have the lawful right to do so and have informed that individual of our identity and how we process personal data.

EEA Data Protection Rights

If you reside in the EEA (or are otherwise subject to local EEA law), you may have specific data protection rights related to accessing, correcting, and deleting your Personal Data, as well as objecting to or restricting certain types of processing. You also have the right to opt out of certain marketing communications. If you have questions or want to exercise any rights, please contact us.

Updates to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of material changes, and where required by law, obtain your consent.

How to Contact Us

If you have any questions or concerns about how we handle your Personal Data, please contact our data protection officer:

[email protected]

Working Software Group Pty Ltd T/A BenkoPhone
Suite 2, Level 2
384 Hunter St
Newcastle NSW 2300

If your organization has a contract with us, the data controller is the Working Software Group Pty Ltd entity named in that contract.

000 SERVICE

1.1 Emergency Dialling in Australia
The national emergency access number in Australia is 000 (“Emergency Number”). 112 dialing is not supported by BenkoPhone. If BenkoPhone services are fully operational and used within Australia, You can access 000 free of charge. However, the following limitations may apply:

1.2 Use Outside Australia
If You use the Service outside Australia, attempts to call local emergency numbers in that country may fail or be routed incorrectly to Australia’s 000.

1.3 Service Outages
Power failures, broadband outages, or other disruptions may prevent access to 000.

1.4 Registering Your Location
You must provide BenkoPhone with the primary physical location where the Service will be used and keep this information up to date by emailing [email protected]. If You fail to update Your location, emergency operators may not know Your current address or phone number when You dial 000.

1.5 Providing Location & Number
When calling 000, be prepared to promptly state Your location and phone number to the emergency operator. Authorities may also request additional details to connect You with the correct local emergency services.

1.6 Callback Limitations
Emergency operators may be unable to call You back, hold Your line open, or obtain a valid phone number in certain outage or connectivity scenarios.

1.7 Alternative Means of Emergency Access
You agree to inform users of BenkoPhone’s Service about these limitations and acknowledge that You should maintain another way to access emergency services (e.g., handset-based calling).

2. NUMBER USAGE AND PORTING

2.1 Number Ownership
You retain control and ownership of Your phone number(s). You can port Your number without any additional cost by requesting so at [email protected].

2.2 Porting Activation Requirements
Any changes in porting dates or requirements do not constitute a delay or give rise to compensation.

3. SERVICE INFORMATION

3.1 Telecommunications Standard
BenkoPhone adheres to the Telecommunications (Customer Service Guarantee) Standard 2011, as amended from time to time, for services offered in Australia.

4. CHARGE OF GST

4.1 GST Inclusive Pricing
Prices set forth for BenkoPhone’s Equipment and Services include any Goods and Services Tax (GST) payable. The Equipment and Services are provided directly to You, the end customer.

Business Terms

1. Terms and Conditions

These Terms and Conditions (the “Agreement”) govern Your use of the BenkoPhone services (the “Services”) provided by Working Software Group Pty Ltd T/A BenkoPhone (“BenkoPhone,” “we,” “us,” or “our”). By ordering, purchasing, or using the Services, You agree to be bound by these Terms and Conditions. Please read carefully.

2. Definitions

2.1 Agent
An employee or contractor of Customer who may use the Services.

2.2 Customer Data
Any data, information, or materials provided to BenkoPhone by Customer during the use of the Services. (Note: personal data handling is addressed in our Privacy Policy.)

2.3 Documentation
User manuals or other materials describing how to use the Services.

2.4 Implementation Services
Setup, training, or related tasks provided by BenkoPhone to help deploy the Services.

2.5 Initial Payment
Any upfront fees, including activation, Equipment, shipping, initial monthly fee, and taxes.

2.6 Login
Each individual account under a Customer’s organization.

2.7 Professional Services
Additional paid consulting, training, or other assistance described in a statement of work (SOW).

2.8 Service Fee
Monthly or annual fees for the Services specified in a Service Order.

2.9 Service Order
A document or quote specifying the quantity, price, and details of the Services.

2.10 Service Plan
The subscription model (e.g., monthly, annual) agreed upon in the Service Order.

2.11 Services
All products or services provided by BenkoPhone under a Service Order.

2.12 Text Message
Short message service (SMS) text message.

2.13 Software
Any proprietary software licensed or sublicensed by BenkoPhone for the Services.

3. BenkoPhone Products and Services

During Your use of the Services, BenkoPhone will provide Equipment (if applicable) and grant You access to the Services as stated in the Service Order. You may use these Services for internal business purposes (including for Your own customers if relevant), subject to compliance with these Terms.

3.1 Conditions
BenkoPhone’s obligation to provide Services depends on:

Timely payment of fees.
Meeting technical and usage requirements set forth in the Documentation.

3.2 Additional Services
You can request changes or additional features (“Additional Services”) at any time. If accepted by BenkoPhone, fees will be adjusted accordingly.

3.3 Implementation Services
BenkoPhone will make commercially reasonable efforts to provide training or setup assistance included in the Initial Payment.

3.4 Professional Services
Beyond standard support or setup, we may provide extra, billable consulting or support at our discretion.

4. Term

4.1 Initial Term
Unless stated otherwise in a separate agreement, there is no long-term commitment beyond any initial setup or first-month payment.

4.2 Renewal
Services renew monthly by default, billed in advance. You can cancel any time without penalty.

4.3 Month-to-Month
If You continue to use the Services, it remains on a month-to-month basis at the current rates unless otherwise agreed.

5. Termination

5.1 Termination by You
You may terminate the Services at any time. We do not provide partial refunds for any active, paid month, but we will refund any unused prepaid credit.

5.2 Termination by BenkoPhone
We may suspend or terminate Your account if You breach these Terms, engage in fraud, or misuse the Services in a way that negatively affects us or our users.

5.3 Effect on Fees
Upon termination, You remain responsible for all accrued and unpaid charges up to the effective date of termination. No early termination or disconnection fees apply unless specifically agreed otherwise.

5.4 Emergency Call Limitations
In the event of termination or outage, 000 access may be unavailable through BenkoPhone.

6. Emergency Call Access

See the 000 SERVICE section above. You acknowledge that power failures, outages, or other issues can disrupt access. Use a mobile or fixed/PSTN line for reliable emergency calls.

7. Other Service Limitations

7.1 Availability
We do not guarantee 100% service uptime. No credits or compensation are offered for interruptions.

7.2 Text Messaging Limitations
SMS is provided from one device to another and may not include group messaging. Messages to unreachable networks may be queued for future delivery.

7.3 Critical Safety Applications
The Services are not intended for life-critical or high-risk applications where failure could result in severe harm.

8. Equipment

If BenkoPhone provides Equipment, the following applies:

Title and risk of loss pass to You upon shipment.
A 12-month manufacturer’s warranty may apply.
You must obtain authorization to return any Equipment.
We do not cover lost, stolen, or modified Equipment under warranty.

9. Billing, Charges, and Payment

9.1 Payment of Service Fees
All fees are payable in advance and are non-refundable for the current billing cycle.

9.2 Credit Terms
We may request credit assurance or a deposit. If credit approval is withdrawn, we may discontinue Services.

9.3 Billing
We provide monthly statements for Services, billed according to Your Service Plan. Monthly Service Fees begin upon ordering.

9.4 Late or Non-Payment
If You fail to pay on time, we may suspend or terminate the Services and apply a late fee. A reactivation fee may be charged for reinstating a suspended account.

9.5 Taxes
Prices generally exclude taxes, which are added unless You provide a valid exemption certificate.

9.6 Regulatory Recovery Fee
A monthly fee may apply to offset regulatory compliance costs; it is not a government tax.

9.7 No Early Termination or Disconnection Fees
Unless You have a separate written agreement stating otherwise, we do not charge early termination or disconnection fees. Overage fees for excessive usage or custom features may apply based on the Service Plan.

9.8 Rate Changes
We may adjust pricing or toll charges at any time. We typically post notice on our website at https://www.benkophone.com. International rates may change monthly without additional notice.

9.9 Discounts
Promotions or discounts must be applied at the time of purchase or service change. They cannot be applied retroactively.

9.10 Billing Disputes
You must dispute any charges in writing within 30 days of the invoice. If not, You waive further recourse.

10. Toll Charges

Calls to or from the PSTN (including other VoIP networks) may incur toll charges per Your Service Plan. International and toll-free charges vary based on applicable rates posted on our website.

11. Telephone Number

You own any phone numbers we provide (except those ported from another carrier). We will assist in porting numbers out at no charge. Porting is subject to cooperation by third parties.

12. Monitoring Services Use

We may monitor or audit Your use of the Services to detect fraud or misuse.

13. Lost, Stolen, Altered, or Broken Equipment

You are responsible for Equipment under Your control. Promptly report loss or theft. We may terminate Service if You fail to inform us of stolen Equipment.

14. Prohibited Uses

14.3 Text Messages
You must comply with carrier requirements, including text length limits. BenkoPhone may refuse to transmit messages violating policies or the law.

15. Use, Storage, and Other Limitations

We may establish or modify reasonable practices or limits regarding Service use and storage. We will provide notice where practical.

16. Electronic Recording

Comply with all applicable laws if You use our optional call recording features. You agree that BenkoPhone may record calls between You and BenkoPhone support or other departments for quality control.

17. Responsibility for Registration and Communications

You are responsible for maintaining the confidentiality of Your Login credentials and all content You transmit through the Services. You must notify us if You suspect unauthorized access.

18. Responsibility for Content of Others

BenkoPhone has no control over user-posted content or actions. We may investigate or remove content but do not guarantee doing so.

19. Changes to the Agreement, Services, or Service Plan

We may modify these Terms or the Services. Material changes typically take effect after we provide notice and an opportunity to cancel if You do not accept the changes.

20. Notice

We primarily communicate important information to You by email. It is Your responsibility to keep Your email address current. Notice is effective upon sending to Your last known email address.

21. Returns and Adjustments

Equipment returns require prior authorization and must be in original packaging. If You cancel, You may need to return Equipment in good condition or pay the fair retail price.

22. Technical Support

We provide telephone and email support for standard usage and Equipment. Additional support or custom integrations may require a separate arrangement.

23. Reimbursement in Connection with Breach

If we incur attorneys’ fees or costs enforcing our rights due to Your breach of these Terms, You shall reimburse us.

24. Indemnification

You agree to indemnify and hold BenkoPhone (and its affiliates, officers, and employees) harmless from claims or losses stemming from Your misuse of the Services or breach of this Agreement.

25. Warranties

BenkoPhone warrants that the Services will substantially conform to published Documentation. We pass through any manufacturer warranties on Equipment.

26. Disclaimer of Warranty

Except as required by law, Services are provided “as is,” and we disclaim implied warranties, including merchantability and fitness for a particular purpose.

27. Exclusive Remedy

BenkoPhone’s liability is guided by Australian Consumer Law. To the extent permitted by law, remedies are limited to those required by statute.

28. Limitations of Liability

We are not liable for indirect, special, or consequential damages. Our maximum liability is limited to the total fees You paid in the preceding 12 months.

29. Import and Export Compliance

You must comply with applicable export laws and regulations, including those related to encryption software.

30. Phone Numbers and Portal Discontinuance

Upon cancellation or termination, You must discontinue using any assigned phone numbers, portals, or logins unless You have ported them out beforehand.

31. Software Copyright

All Software is protected by copyright and licensed, not sold. You may not decompile or discover the source code without legal authorization.

32. Survival

Sections regarding billing obligations, liability limits, indemnification, and disclaimers survive cancellation or termination of this Agreement.

33. Notices (Contact)

All notices to BenkoPhone must be sent in writing to:
BenkoPhone
Suite 2, Level 2
384 Hunter St
Newcastle NSW 2300
or [email protected]

34. Force Majeure

We are not liable for delays or failures caused by events outside our reasonable control (e.g., natural disasters, strikes, government actions).

35. Entire Agreement

These Terms, any Service Order, and posted rates at https://www.benkophone.com constitute the entire agreement between You and BenkoPhone. This supersedes any prior agreements.

36. Governing Law

This Agreement is governed by the laws of the State of California, except where otherwise required by Australian law. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

37. No Waiver

BenkoPhone’s failure to enforce any part of these Terms does not waive that right.

38. Severability

If any provision is invalid or unenforceable, the remainder is deemed modified to be valid and enforceable to the fullest extent possible.

39. Assignment; Binding Effect

You may not assign this Agreement without our written consent. This Agreement binds successors and permitted assigns.

40. Headings

Section headings are for convenience only and do not affect interpretation.

Last updated: December 21, 2024