General Terms of Use applicable to the Whistleblower
Fraudsec Pty Ltd (ACN 605 003 825), a company incorporated under the laws of Australia also trading as Whispli (“we”, “us”, “our” or “Whispli”), is the owner of the Whispli Core online reporting solution (hereinafter the “Whispli Platform” or “Platform”).
These terms and conditions of use (the “General Terms of Use”) govern your use of our Platform as a User (“you”, “your” or “User”), in order to communicate with the organization that wished to make the Platform available to you and allow you to submit Reports in a secure and, at your option, anonymous manner (the “Organization”).
The present right to use the Platform is granted to you by Whispli under an agreement concluded between Whispli and the Organization (hereafter the “Agreement”).
Whispli and the User are together referred to as the “Parties”.
1. Scope
These terms and conditions (the “Terms of Use”) cover the terms of use of the Platform as a User and, where applicable, as the author of a Report.
2. Definitions
The terms and expressions identified by a capital letter have the meaning indicated below, whether they are used in the singular or plural:
- “Case Manager” means a person authorized by the Organization to manage the Whispli Platform on behalf of the Organization, in its name and in accordance with its instructions;
- “Guest” refers to the User who has chosen to use the Platform without creating a Whispli online account;
- “User” refers to the person using the Platform, made available to him by their employer or other organization, in order to communicate a Report to the Organization;
- “Intellectual property” means, but is not limited to, copyrights, patents, trademarks, logos and domain names, as well as any creations that may be protected and/or registered under industrial and/or intellectual property law;
- “Organization” refers to the organization, company, association or other entity, which may be your employer or another entity, which has sought the Whispli services in order to make the reporting Platform available to the Users and to its Case Managers (or to one of the Case Managers of its associated entities);
- “Platform” or “Whispli Platform” means the Whispli reporting solution that your employer or the organization has chosen to make available to you to enable you to submit Reports;You can find more information about the platform’s features here.
- “Report” means any information, data, document, file that you have decided to communicate within your Report made through the Platform;
- “Third Party” means any person who is not a User of the Platform, Report creator, Organization or Whispli;
“Whispli” means Fraudsec Pty Ltd ACN 605 003 825, a company incorporated under the laws of Australia, also trading as Whispli, and its affiliates.
3. Terms of use of the Platform
3.1. Why use Whispli?
As a User, you may use the Platform to share information with the Organisation that has subscribed to the Whispli service and authorised you to access the Platform (and/or the Case Managers designated by the Organisation), in a secure and, at your option, in an anonymous way.
The Case Managers designated by the Organisation may also use the Platform as Users.
As a User, you are granted an access and right of use of the Platform free of charge.
3.2 How to submit a Report?
Subject to the parameters chosen by the Organization, the User has the option of submitting a Report to the Organization in two ways:
By creating a Whispli online account; or
As a Guest, without creating an account.
The Organization may choose not to give you access to the last of these options and require you to create an account in order to be able to submit a Report.
Reporting as a Guest
If you do not create an account, you will be given a unique access code for each Report made.
This code will allow you to follow the progress of your Report and to communicate with the Organization via the Platform if you wish to.
Reporting with the creation of an account
In case of creation of a “User” account, you are invited to communicate to Whispli the following data:
- A username;
- A password, which must meet the following complexity criteria:
- between 10 and 40 characters;
- must contain at least one lowercase character, one capital letter character and one symbol.
The username and password you create must remain known only to you, and you alone are responsible for any loss of confidentiality of these login details.
The User shall be responsible for maintaining the confidentiality of any username, passwords and other log-in details used to access the Platform. The User shall inform Whispli immediately if the User believes the security of the User online account has been compromised. Sharing log-in details and providing access to the Platform to Third Parties by the User constitutes a material breach of the present General Terms of Use and is, without limitation, a cause for immediate revocation in accordance with clause 6.2 of the present General Terms of Use.
You have the option to remain anonymous to the Organization concerned: the identifier you choose may be a pseudonym and you are under no obligation to communicate information revealing your identity.
In any case, the Organisation does not have access to your login and password.
You also have the option of providing Whispli with your email address, which Whispli will use to send you notifications about activities related to your Whispli account and/or your Report, for example in case of a message received from the Organization in response to your Report.
Whispli does not share your e-mail address with the Organisation.
Whispli mobile app
You may download the Whispli mobile application to access the platform, create your account and submit a report.
When you submit a report to the Organization via the web platform, Whispli provides you with the opportunity to scan a QR code allowing you to download the Whispli mobile application. You will then be able to follow the progress of your Report and to exchange with the Organisation via this application.
You must have an account as a User to use the application.
If you have not downloaded the Whispli mobile application or if you have decided not to provide us with your email address, you will not receive notifications from us about changes in the status of your Report or about messages received from the Organization. In these circumstances, it is your responsibility to log on to the Whispli Platform to check whether any communications have been sent to you.
3.3. Deleting your account
As a user of the Platform, you acknowledge and accept the following:
Subject to the rights that you have on your data communicated to Whispli mentioned in Article 8.5 hereof, the Platform does not provide for a time period for withdrawing your Report. Once the Report has been submitted to the Organization via the Platform, you can no longer delete the content of your Report or ask us to delete it.
Thus, deleting your Whispli account will not automatically delete your Report, which may be retained by the Organization in accordance with its reporting and data retention policy. We therefore invite you to refer to the reporting policy of your Organization.
Any request for removal of the content of a Report should be addressed to the Organization.
4. Modification and Suspension of the Service by Whispli
As a user of the Platform, you acknowledge and accept the following:
- We may restrict access to and/or suspend the Whispli Platform and any related service for any reason, including for maintenance purposes or for any reason beyond our control, including force majeure;
- We reserve the right to improve, modify, add or delete functionalities and features of the Platform.
5. Intellectual Property
5.1 Our Intellectual Property
The names, images, logos, editorial content, the general structure of the Platform and any other distinctive sign appearing on the Whispli Platform are content protected under the Intellectual Property rights held by Whispli or the client’s organization.
Any reproduction, communication to the public or distribution, in whole or in part, of any kind whatsoever, of these elements without our prior authorisation is prohibited.
You further warrant that you:
(i) will not infringe any Third Party Intellectual Property right by using the Whispli Platform;
(ii) will not copy the Whispli Platform or the services it provides for your own commercial purposes; nor
(iii) copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use directly or indirectly any source code or object code, architecture, algorithms contained in the Whispli Platform or any documentation associated with it.
5.2 Whispli User License – Term
The present General Terms of Use come into force as of their acceptance by the User, by checking the box “I have read the General Terms of Use”.
As of this date, you have a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to access and use the Whispli Platform for the duration of the Agreement between the Organization and Whispli, subject to any conditions we specify, as we deem appropriate.
We reserve the right to revoke or suspend your license at our sole discretion, including if you violate any of the terms and conditions contained in these General Terms of Use. We are not required to give you prior notice of any such suspension or revocation.
6. Liability
Whispli acts as a mere technical intermediary between the Organisation and you and does not intervene in the processing of your Report by the Organisation. As such, Whispli shall not be held liable for any processing of your Report by the Organisation, including any follow-up measures taken by the latter in response to your Report.
6.1 Accessibility of the Platform and malfunctions
To the extent permitted by law:
(i) We make no representations or warranties as to the reliability, accuracy or comprehensiveness of any part of the Whispli Platform or related services that we may provide to you.
(ii) All of our Whispli services are provided “as is”. Therefore, we do not represent or warrant that:
– your use of the Whispli Platform will be timely, uninterrupted or error-free, or will work in combination with any other hardware, software, system or data;
– Whispli will meet your requirements or expectations;
– any non-conformities can or will be corrected.
(iii) we do not warrant that your access to the Platform will be uninterrupted or error or virus free, nor do we provide any warranty of any kind, express or implied, including warranties of quality or fitness for a particular purpose as to the availability and/or accuracy of the content of the Platform data.
6.2 Limitation of Liability
To the extent permitted by law, Whispli shall not be liable for:
(i) the content of the Reports and of the follow-up interactions between the Organization and the User;
(ii) any inappropriate use of the Whispli Platform or any use that does not comply with the present General Terms of Use;
(iii) any suspension of the Whispli Platform or any associated service we may provide or obligation we may have, for any reason whatsoever, including for maintenance purposes or for any reason beyond our control, including force majeure;
(iv) any loss, cost, damage, direct or indirect, present or future, that you may suffer and all claims and liabilities arising from your use of the Whispli Platform, and;
(v) loss of your anonymity in the event that someone (including the Organization or an employee) discovers your identity based on the content of the Report.
7. Processing of your personal data by Whispli
Within the performance of the Agreement concluded between Whispli and the Organisation, Whispli collects and processes some of your personal data. These processing activities are carried out by Whispli as a data processor, acting on behalf of and according to the instructions of the Organisation, which acts as the data controller.
For more information on processing of your personal data and your rights therein, we invite you to refer to the privacy policy of your Organization, found on the respective landing page or on the form.
8. Cookies and other trackers
A “cookie” is a text file automatically stored on your computer or mobile device when you visit a website.
Whispli applications only use the required cookies necessary for an application to properly function. (see here for more information on the use of cookies at Whispli)
9. Applicable Law
These Terms and Conditions are governed by French law.
10. Changes of the General Conditions of Use
Whispli may have to modify the present General Terms of Use. The modifications can be consulted at any time on the Platform.
In case of substantial modification of the present Terms of Use, Whispli will be able to inform the User if the latter has communicated his contact details.
Last updated on March 1st, 2023
If you have any questions regarding these General Terms of Use, please contact us at contact@whispli.com
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