Marine Rescue WA (DECKEE App)

Additional Terms

About the DECKEE App's Log on Log off functionality

The DECKEE App is a mobile application provided by Deckee Pty Ltd (Deckee) that provides the public with information such as weather, location of boat ramps and safety equipment requirements.

Deckee, at the request of the State of Western Australia (WA Government), acting through the Volunteer Marine Rescue Service of Western Australia (Marine Rescue WA) at the Department of Fire and Emergency Services (DFES), and through the Department of Transport (DoT), has provided a Log on Log off (LOLO) functionality within the DECKEE App.

Using the LOLO functionality within the DECKEE App:

  • allows users to inform Marine Rescue WA of their planned destination and return time prior to going to sea;
  • notifies the user’s emergency contacts of the trip plan when it is submitted;
  • sends automated messages to the emergency contacts when changes are made to the plan and when the user logs off; and
  • sends an automated reminder to the user if they haven’t logged off by their planned return time.

If you have used the LOLO functionality and your vessel does not return at the stated time, information (including your vessel's last known location) may be provided to Marine Rescue WA and the Western Australia Police Force to assist in search and rescue efforts.

If you use the LOLO functionality within the DECKEE App, your information will be made available to the WA Government. You agree that the WA Government may use your information in accordance with its Privacy Statement and applicable laws.

About these Additional Terms

What are these Additional Terms about?

The DECKEE App Terms of Use and Privacy Statement apply to your use of the DECKEE App, including the LOLO functionality.

In addition, when you use the LOLO functionality within the DECKEE App, these Additional Terms apply. Please read them carefully as they contain information about your rights and obligations. By using the LOLO functionality, you are agreeing to these Additional Terms.

Changes to these Additional Terms

These Additional Terms may only be changed by the WA Government. The WA Government may amend, delete, add to, or otherwise revise these Additional Terms at any time. It is your responsibility to monitor any such changes.

If you continue to use the LOLO functionality, the changed Additional Terms will apply from the time they were changed. They will replace any previous Additional Terms.

Using the Log on Log off functionality for the right reasons

You may use the LOLO functionality within the DECKEE App only for the purpose of notifying Marine Rescue WA (and others) of your planned trip ('log on') and to confirm you have returned ('log off').

You must not use the LOLO functionality for any other reason, or in any way other than as set out in these Additional Terms. For example, you must:

  • (no commercial use) not resell or make the LOLO functionality (or the technology it uses) available to any third party, or otherwise commercially exploit it;
  • (no decompiling) not (nor attempt to) decipher, decompile, disassemble, reverse engineer or otherwise derive any source code or underlying algorithms on any part of the LOLO functionality or the technology it uses;
  • (no framing) not (nor attempt to) frame or mirror any part of the LOLO functionality, or delete any attributions or legal or proprietary notices; and
  • (no monitoring or copying): not monitor or copy the LOLO functionality, or use any software (like bots, scraper tools, etc) to access, monitor or copy the LOLO functionality or its contents, and not use LOLO functionality or its contents to build or inform a competitive product or service.

Using the Log on Log off functionality in the right way

Using the LOLO functionality properly. You must:

  • (security measures) not attempt to bypass any security measures in respect of the LOLO functionality or any technology it uses;
  • (no automation) not access or use the LOLO functionality using automated means unless using the appropriate data feeds;
  • (no harming the system) not harm the system or use (or misuse) the LOLO functionality in any way that may impair the functionality of the underlying systems or other technology that the LOLO functionality uses, or impair the ability of any other user to access or use the LOLO functionality;
  • (no harming others) not harm others or use the LOLO functionality in a way that violates anyone else's rights (including intellectual property rights) or privacy, or is objectionable or misleading; and
  • (no unauthorised access) not attempt to view, access or copy any material or data that you are not allowed to access – or any material or data that you don't need to properly use the LOLO functionality.

Follow the law and these Additional Terms. You are responsible for complying with these Additional Terms, and with all laws (and with any other terms and conditions) that apply to your use of the LOLO functionality within the DECKEE App.

Privacy and your information

The DECKEE App Privacy statement applies in addition to these Additional Terms.

Personal information provided to the WA Government by Deckee Pty Ltd may be used, stored and disclosed by the WA Government as set out in the Privacy Statement below. By using the LOLO functionality within the DECKEE App, you agree to such use, storage and disclosure.

You should ensure that you have the consent of any person whose personal information you provide using the LOLO functionality.

Personal information will be made available to service providers who assist with operations. Those service providers each have their own privacy practices. They include:

  • Google, who operate Google Analytics;
  • Mapbox, who operate mapping products;
  • Amazon, who operate Amazon Web Services; and
  • Microsoft, who operate Application Insights.

Your stored documents. If you store documents in the DECKEE App, for example a photo of your vessel, then those documents are stored on your device. Other people who have access to your device may also be able to view your documents.

Electronic notices. The WA Government (itself or through Deckee Pty Ltd) may send you electronic messages via electronic notifications, including electronic notifications on your mobile device. You acknowledge and agree that any such messages satisfy all legal requirements for written communication.

Limitations of the Log on Log off functionality

No warranties. The WA Government is not responsible for providing the LOLO functionality, as it is provided by Deckee. The WA Government is not responsible for any issues relating to:

  • quality, performance or fitness for any particular purpose;
  • accuracy, reliability or quiet enjoyment;
  • completeness or accuracy of any messages sent;
  • non-infringement of third-party rights (including intellectual property rights); or
  • anything else to do with the LOLO functionality or any associated services.

Nothing that the WA Government says or writes creates any warranties in respect of the LOLO functionality. The WA Government disclaims all warranties relating to the LOLO functionality.

Errors and interruptions. The WA Government is not responsible for:

  • making sure the LOLO functionality is error free;
  • ensuring that you receive relevant messages, alerts or warnings;
  • ensuring that you provide the correct device permissions to enable correct operation of the LOLO functionality;
  • ensuring you have the necessary internet or mobile phone coverage;
  • ensuring any defects with the LOLO functionality will be fixed; or
  • ensuring that you have continuous access to the LOLO functionality.

Information. The WA Government cannot guarantee the accuracy or completeness of information in the DECKEE App. The DECKEE App is provided by Deckee Pty Ltd, subject to its own Terms of Use and Privacy Statement.

Third party technologies. The LOLO functionality uses mapping and other technology and services, including the mobile telephone network, that are provided by third parties. The technology may not always work as expected. As with the other aspects of the LOLO functionality, the WA Government is not responsible for the operation of those technologies, or for making sure they are error-free.

The LOLO functionality may contain links to third party websites, and third-party media channels. The WA Government is not responsible for those websites and media channels – including in respect of their content, services and privacy practices.

The LOLO functionality may be changed or withdrawn. You acknowledge that Deckee may, at any time, and without notice or liability to you:

  • change the LOLO functionality; or
  • suspend or discontinue the LOLO functionality (in whole or in part).

This may be at the request of the WA Government, or otherwise.

Deckee may cancel your access to the LOLO functionality. Deckee may, at any time, and without notice or liability to you:

  • terminate, suspend, restrict or disable your access to or use of the LOLO functionality; or
  • change who can use the LOLO functionality.

This could be because you do not comply with the DECKEE App Terms of Use or these Additional Terms or with your legal obligations – or it could be for any other reason, including at the request of the WA Government (for reasons relating to WA Government internal operations or otherwise).

For more information about the limitations, see the LOLO Disclaimer.

Limitations of liability

Use of the Log on Log off (LOLO) functionality is at your own risk. If the LOLO functionality is defective, you won't be reimbursed for any costs of fixing it – or fixing any damage or loss arising from it.

The WA Government is not liable for loss. The WA Government and its service providers are not liable for any loss arising from the LOLO functionality or your use of it. This includes personal injury or death, and any incidental, special, indirect or consequential damages whatsoever – including, without limitation:

  • loss (or use or misuse) of data or damage to any technology;
  • loss of profits or income, loss of opportunity;
  • interruption to your business or your travel plans; or
  • any other loss or cost arising out of or related to your use of (or inability to use) the LOLO functionality,

– however caused, and whether arising under contract, tort, statute or otherwise, and even if you have advised the WA Government of the possibility of such loss or cost. For more information, see the LOLO Disclaimer, which applies to your use of the LOLO functionality.

General

Laws of WA. These Additional Terms are governed by and interpreted in accordance with the laws of Western Australia, and the courts of Western Australia will have exclusive jurisdiction in respect of any dispute which may arise.

Disputes. Before filing a claim or complaint against the WA Government, you agree to attempt to resolve the dispute by first emailing the WA Government at the contact details given below, with a description of your claim. The WA Government will attempt to resolve the dispute within 60 days of receiving your claim or complaint. If the WA Government is unable to resolve the dispute, you may commence formal action.

Interpretation. 'Including' and similar words do not imply any limit. If any part of these Terms is illegal, unenforceable or invalid, that part is deemed to be changed as required so that it is no longer illegal, unenforceable or invalid, and the remaining parts of these Terms remain in full effect. Any failure or delay by Deckee or the WA Government in enforcing these Additional Terms is not a waiver of their right to do so later. References to an organisation include firms, companies, partnerships, joint ventures, associations and other bodies corporate, and any of their successors or permitted assigns.

Contact the WA Government

To contact the WA Government about the LOLO functionality within the DECKEE App, email marine.services@dfes.wa.gov.au

Disclaimer

The use of the LOLO functionality does not guarantee a particular response, search or rescue.

No guarantee is made as to the accuracy or completeness of the information provided. You should apply your own judgement, care and discretion when using the LOLO functionality. This may include assessing the relevance of information provided to your situation or seeking additional advice to ensure the information is appropriate for your needs.

It is your responsibility to plan your journey and make sure you have adequate safety equipment and protocols. It is important to be prepared to take action to keep yourself safe.  

The WA Government and its servants and agents expressly disclaim any liability (including in negligence) for any act or omission resulting from the use of the LOLO functionality within the DECKEE App and any consequences including any loss, damage, cost and expense of any such act or omission. In no event shall the WA Government or its servants or agents be liable for any incident or consequential damages resulting from the use of the LOLO functionality within the DECKEE App.

The information on the DECKEE App may include views or recommendations of third parties, which do not necessarily reflect the views of the WA Government or indicate its commitment to a particular course of action.

The WA Government reserves the right to, through Deckee Pty Ltd, amend, delete, add to, or otherwise revise any function or information in relation to the LOLO functionality, including this Disclaimer. It is your responsibility to monitor any such changes.

The WA Government does not endorse or provide technical support for third-party applications that use the LOLO functionality. Deckee Pty Ltd may make periodic technical alterations to the service at any time without notice (at the request of the WA Government or otherwise).

Privacy Statement

This Privacy Statement sets out how the WA Government may use and disclose information that is:

  • collected through the DECKEE App and provided to the WA Government by Deckee Pty Ltd in connection with your use of the Log on Log off (LOLO) functionality in the DECKEE App; or
  • collected through the marine radio log on log off service.

This Privacy Statement may change periodically. It is your responsibility to monitor for changes.

Deckee's Privacy Statement applies in addition to this Privacy Statement.

Marine Radio Log On Log Off Service

When you call the marine radio log on log off service to provide log on and log off details, the operator may enter the information you provide into the DECKEE App's LOLO functionality.

This Privacy Statement will apply to the information collected by the operator, and the information entered by the operator into the DECKEE App.

Use of Personal Information

The personal information that may be collected from you, and shared with us by Deckee Pty Ltd, includes (but is not limited to):

  • name, mobile phone number and email address
  • vessel name, Department of Transport vessel registration number and boat trailer registration (if applicable)
  • radio callsign
  • departure point and time, waypoints, number of people on board and estimated return time
  • your last known position.

We may use this information for the following purposes:

  • to facilitate marine search and rescue activities
  • to provide, maintain and improve services provided through the LOLO functionality
  • to send you related information
  • to prevent misuse of LOLO functionality by investigating suspicious activity and assist in enforcing Deckee's Terms of Use and the Additional Terms for the DECKEE App
  • to respond to requests for information
  • as required, permitted or authorised by law

Personal information entered on the LOLO functionality is encrypted in transit. The data rests (is stored) in Amazon Web Services (AWS) data centres in Australia.  

If your account is deactivated or deleted (by you or by Deckee Pty Ltd), the WA Government will still need to retain all the data that has been provided to us, in order to support decision making and comply with legal requirements such as the State Records Act 2000 (WA).

Access to personal data

The Department of Fire and Emergency Services (DFES) and the Marine Rescue Service of Western Australia (Marine Rescue WA) will have access to the personal information provided to us by Deckee Pty Ltd.

DFES and Marine Rescue WA may use information provided by Deckee Pty Ltd for the purposes of monitoring trip plans and coordinating search and rescue efforts. If a person does not log off within 15 minutes after their nominated return time, emergency contacts will be contacted. Information will also be used to conduct search and rescue efforts when a person has not logged off 30 minutes after their stated return time or where it is reasonably considered a person requires search and rescue.

DFES and Marine Rescue WA will not disclose the personal information provided to us by Deckee Pty Ltd to any third party (including other WA Government entities) other than with your consent, or for a purpose you would reasonably expect (including as set out in this Privacy Statement), or where required, authorised or permitted by law.

DFES and Marine Rescue WA will take all reasonable steps to ensure that personal information provided to us by Deckee Pty Ltd in connection with the LOLO functionality is protected from unauthorised access, misuse, alteration, unlawful or accidental destruction and accidental loss. While secure transmission methods are used, you should be aware that transmitting information over the internet carries inherent risks and care should be exercised when sharing personal information online.

Personal information (including last known location data) will also be available to the Western Australia Police Force (WAPOL). Information about how WAPOL handles personal information is available in the WA Police Force privacy statement.

Cookies and third party services

The LOLO functionality within the DECKEE App may use first-party cookies, third-party cookies and services. Please refer to the Deckee Privacy Statement for further information.

The DECKEE App may contain links to websites operated by third parties. Those links are provided for further information and convenience and may not be current. Unless expressly stated otherwise, we are not responsible for those websites – including in respect of their content, services and privacy practices. The privacy policies that apply to those other websites may differ substantially from our Privacy Statement, so we encourage individuals to read them before using those websites.

Your other rights

You may have the right to access the personal information about you that is provided to us by Deckee Pty Ltd. To access your personal information, or request a correction to your personal information that you consider to be incorrect, incomplete or out-of-date, email your request to marine.services@dfes.wa.gov.au from the same email address used to create your DECKEE App account.

Please note we can only provide access to, or correct, information held by DFES or Marine Rescue WA. For information on how to access, or request a correction to, personal information collected and held by:

Complaints

If you have any enquiries or complaints regarding this Privacy Statement or the way your personal information is handled by us, please use the contact details below.

Contact us

To contact DFES in relation to this Privacy Statement or the Additional Terms, please email marine.services@dfes.wa.gov.au.

Enquiries about the DECKEE App, Deckee's Terms of Use or Deckee's Privacy Statement should be directed to Deckee Pty Ltd.