Legal

Last updated: 23 October 2026

Part A: Terms of Use

The agreement between FairCheck and the businesses that use it.

1. The agreement

1.1 Who this is between. FairCheck is operated by FairCheck Compliance Pty Ltd (ABN 98 698 920 964) (“FairCheck”, “we”, “us”, “our”). These Terms of Use (“Terms”) are a binding agreement between FairCheck and the business that opens an account or uses the service (“you”, “the Customer”).

1.2 Accepting these Terms. You accept these Terms when you do any of the following: create a FairCheck account, click a button indicating you accept, or access or use the service. If you do not accept these Terms, do not use FairCheck.

1.3 Authority to accept. If you accept these Terms on behalf of a business, you confirm that you are authorised to bind that business to them, and “you” means that business. If you use FairCheck without that authority, you accept these Terms personally and are responsible for use of the account.

1.4 Eligibility. FairCheck is provided for business use in Australia. You must be at least 18 years old and able to enter a binding contract.

2. The service

2.1 What FairCheck does. FairCheck checks payslips against Modern Awards and enterprise agreements and reports where pay appears to fall short.

2.2 Your licence to use it. We grant you a non-exclusive, non-transferable and non-sublicensable right to access and use FairCheck for your own business during your subscription, on these Terms. We keep all rights we do not expressly grant you.

2.3 Accounts and team members. You may invite team members to use your account. You are responsible for their access and for all activity under your account, and for keeping login details secure.

2.4 Availability. We aim to keep FairCheck available and will use reasonable efforts to do so. We do not guarantee that it will be uninterrupted or error free. We may carry out maintenance and will give reasonable notice of planned downtime where we can.

2.5 Changes to the service. We may add, change or remove features over time. If we materially reduce a core feature you rely on, we will give you reasonable notice. We may withdraw the service as set out in clause 12.

3. FairCheck is not legal or financial advice

3.1 FairCheck provides general guidance based on publicly available Award and Fair Work information. It does not constitute legal, financial or professional advice. Award interpretation is complex and fact dependent, our reference data can lag official sources, and a FairCheck result, whether it reports a pass or a shortfall, does not establish compliance or non-compliance as a matter of law. Verify with a qualified professional or the Fair Work Ombudsman before acting on a result.

3.2 Limitation of liability.

1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
2. Where our services come with a guarantee that cannot be excluded under the Australian Consumer Law, and the services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to meet that guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
3. Subject to (a) and (b), and to the maximum extent permitted by law:
   1. we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, goodwill, data or anticipated savings, however it arises;
   2. we are not liable for any loss or liability arising from your reliance on a FairCheck result, from the data you submit, from the award or classification you select or confirm, or from any third-party system; and
   3. our total liability to you for all claims connected with FairCheck and these Terms is limited in aggregate to the fees you paid us in the 12 months before the event that gave rise to the liability.
4. A FairCheck result, whether it reports a shortfall or reports none, does not establish compliance or non-compliance as a matter of law. You remain responsible for your own pay and compliance decisions.
5. You agree that the limitations in this clause are reasonable, given the nature of the service and the fees charged for it.

4. Your responsibilities

You are responsible for the following, and you confirm each of them when you use FairCheck:

• Accurate data. The payslip data, hours, employment details and other information you give us are accurate and complete. FairCheck checks what you submit, so wrong inputs produce wrong results.
• Authority over employee data. You have the right and authority to give us the employee data you submit, and you are responsible for meeting any notice or consent obligations you owe your employees about that data. See the Privacy Policy for how the two roles split.
• Correct award and classification mapping. You are responsible for selecting and confirming the correct award, classification, employment type and related settings for each employee. A wrong mapping produces a wrong verdict. We rely on what you select and confirm.
• Account security. You keep your login details and your team’s access secure, and you tell us promptly if you suspect unauthorised use.
• Acceptable use. You use FairCheck in line with the Acceptable Use Policy in Part C and with all applicable laws.

5. Fees and billing

5.1 FairCheck is charged per employee checked, per month, in Australian dollars. See Pricing. You choose how many employees to pay for, subject to the minimum monthly charge shown on the Pricing page. Team members who use FairCheck are not charged. Every account can have 1 employee checked free.

5.2 Subscriptions renew monthly until cancelled. Where a free first month is offered, the card you give at checkout is charged when the free month ends unless you cancel before then. Adding employees is charged straight away for the rest of the month. Removing them is credited against your next bill. Payslips for employees beyond what you pay for are kept but not checked.

5.3 GST. Prices are in Australian dollars and are exclusive of GST. Where GST applies, you pay it in addition to the fee, and we issue a tax invoice.

5.4 Payments. Payments are processed by our payment provider, Stripe. You authorise us to charge your nominated payment method for the fees due.

5.5 Refunds. Fees already charged are non-refundable, except where a refund is required by law, including under the Australian Consumer Law. The free employee check and any free trial are provided as they are.

5.6 Non-payment. If a payment fails, we may retry it and will let you know. If fees remain unpaid for 14 days after they are due, we may suspend checking on your account, and we may terminate under clause 12. Your stored data is handled under the Privacy Policy during any suspension.

6. Data

6.1 Your data stays yours. As between you and us, you own the data you submit to FairCheck. You grant us a licence to host, process and use that data to provide, maintain and improve the service, and as described in the Privacy Policy.

6.2 How we handle it. How we collect, store, protect and delete data is set out in our Privacy Policy, which forms part of these Terms.

6.3 Export and deletion. While your account is active you can export your verdict history and the data available in the product. When your account ends, we delete your data under the retention and key-destruction process described in the Privacy Policy. You are responsible for exporting anything you need before your account is deleted.

6.4 De-identified data. We may create and use de-identified, aggregated data that does not identify you, any employee or any business, to operate, secure and improve FairCheck.

7. Our intellectual property

FairCheck, including its software, design, content and brand, is owned by us or our licensors. These Terms grant you no rights in it except the licence in clause 2. You must not copy, modify, reverse engineer, decompile or create derivative works from FairCheck, except to the extent the law says you may despite this clause.

8. Confidentiality

Each party will keep the other’s confidential information confidential and use it only for this agreement. This does not apply to information that is public through no breach, that a party already held, or that the law requires to be disclosed.

9. Third-party connections

You can connect a payroll or rostering system to FairCheck, such as Xero, MYOB or Employment Hero, and we also build bespoke connections to other payroll and rostering providers. Any connection is governed by your agreement with that provider as well as these Terms. We hold read-only access and can lose it at any time if you revoke it. Third-party services are provided by those third parties, not by us. We are not responsible for their availability, accuracy, security or acts, and your use of them is at your own risk and under your agreement with them.

10. Indemnity

To the maximum extent permitted by law, you indemnify us against any claim, loss, liability or cost we suffer that arises from your breach of these Terms, from the data you submit, from your lack of authority to supply employee data, or from your use of FairCheck in breach of any law. This indemnity does not apply to the extent the loss was caused by our own breach, negligence or wrongful act.

11. Suspension

We may suspend your access, with notice where it is practicable, if you do not pay, if there is a security risk, or if you breach these Terms or the Acceptable Use Policy.

12. Termination

12.1 By you. You can cancel at any time. Your subscription stops renewing at the end of the current month. Fees for the current month are not refunded, except where the law requires it.

12.2 By us. We may terminate for convenience on 30 days notice to you. We may terminate immediately if you materially breach these Terms and do not fix it within 14 days of our notice, if you become insolvent, or if you use FairCheck unlawfully.

12.3 What happens then. On termination, your licence ends and your access stops. We delete your data under the retention and key-destruction process in the Privacy Policy. Clauses that are meant to continue, including limitation of liability, intellectual property, confidentiality, indemnity and governing law, survive termination.

13. Changes to these Terms

We may update these Terms. For material changes we will give you notice by email or in the product at least 14 days before they take effect. If you keep using FairCheck after that, you accept the updated Terms. If you do not agree, stop using FairCheck and cancel.

14. General

• Force majeure. Neither party is liable for failure or delay caused by something beyond its reasonable control.
• Assignment. You may not assign these Terms without our consent. We may assign them to a successor of our business.
• Entire agreement. These Terms, the Privacy Policy and the Acceptable Use Policy are the entire agreement between us about FairCheck, and replace any earlier understanding about it.
• Severance. If part of these Terms is unenforceable, the rest continues to apply.
• Waiver. A failure to enforce a term is not a waiver of it.
• Notices. We may give you notices by email or in the product. You can send us notices at legal@faircheck.com.au.
• No partnership. Nothing here creates a partnership, agency or employment relationship between us.

15. Governing law

These Terms are governed by the laws of South Australia, Australia, where FairCheck is based. FairCheck operates nationally, and these Terms apply to customers in all Australian states and territories: New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory and the Northern Territory. Each party submits to the non-exclusive jurisdiction of the courts of South Australia and the courts that hear appeals from them.

16. Contact

Questions about these Terms can be sent to legal@faircheck.com.au. General enquiries can go to hello@faircheck.com.au.

Part B: Privacy Policy

How FairCheck collects, stores and protects the data you and your employees entrust to us.

FairCheck audits payslips against Australian Modern Awards and enterprise agreements. Doing that means handling pay data about real people, so this page sets out exactly what we hold, for how long, and how we protect it.

Who we are

FairCheck is operated by FairCheck Compliance Pty Ltd (ABN 98 698 920 964), registered at Level 1, 63-73 Ann Street, Surry Hills NSW 2010. For privacy enquiries, to ask for access to or correction of your information, or to make a complaint, contact our Privacy Officer at legal@faircheck.com.au.

If you make a privacy complaint, we will acknowledge it promptly and respond within 30 days. If you are not satisfied with our response, you can escalate to the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au or 1300 363 992. We handle personal information in line with the Australian Privacy Principles under the Privacy Act 1988 (Cth).

What we collect

From the businesses who use FairCheck

Account and billing details, the email addresses of the people you invite, and your configuration, including the awards and classifications you map your staff to.

Payroll data about employees

When you upload a payslip, connect a payroll system, or push data to our API, we receive pay-period earnings lines, hours, rates, gross and net pay, superannuation, and an employee identifier and name. Employees are not our customers. We process this on your instruction, as your service provider.

The two roles, and who tells employees. For the payroll data you submit about your staff, you are the organisation that holds the employment relationship. You decide what data to send to FairCheck and why. FairCheck processes that data only on your instruction and only to perform the checks you ask for. This means:

• you are responsible for having a lawful basis to collect and handle your employees’ information, and for telling your employees, where your own privacy obligations require it, that a third party checks their pay data;
• you are responsible for your own privacy policy and collection notices to your employees; and
• we are responsible for handling the data as this policy describes, only for the purpose of providing the service. We do not use employee data for our own purposes, and we do not contact employees except through the optional missing-hours feature you switch on and supply contact details for.

Contact details, only where you supply them

When a pay run arrives with no hours for someone, FairCheck can ask, first their manager, then the person themselves. To do that it stores an email address for each, and the manager’s name, against the employee record. All three are supplied by you, are optional, and are used for nothing else: no marketing, no analytics, no third party.

They are encrypted at rest, and they are never used to look anyone up. Matching is done against a one-way hash, so a copy of our database contains no addresses. You can clear them at any time from the employee’s page, which also immediately breaks any request link already sent out. Erasing an account erases them along with everything else.

How FairCheck handles payroll data

These are engineering facts about the product, not aspirations.

Names are replaced with tokens before anything is stored

Identifying fields, employee name, employee id, TFN, BSB and account numbers, and employer name, are swapped for deterministic tokens the moment a payslip is ingested, or, where you have chosen to redact it in your browser, before upload. The stored payslip record holds only tokens. The map from token back to the real value is encrypted twice: once with a data key unique to your account, and again with our global key.

Redacting in your browser

You can choose to redact a payslip before it is uploaded. In that mode a PDF with a text layer is read inside your browser, the same identifying fields are removed there with the same rules our servers use, and names, employer and payroll numbers are replaced with pseudonyms derived from a key your organisation holds. Only the redacted text is uploaded. The PDF never leaves your computer. FairCheck keeps a fingerprint of that key so it can tell whether a browser holds the current one, but never the key itself or the pseudonym mapping, so we cannot recover a name from a pseudonym.

A scanned document or a photo has no text layer to read. In that case the page is shown in your browser and you draw black boxes over anything you want withheld. The boxes are burned into the image and only that flattened copy is uploaded. What you leave visible is treated exactly like any other upload, read by text recognition, then tokenised as above, and a retained scanned original in this mode is the redacted copy, not the page you started from. We cannot verify what was covered, so this mode is a control you exercise rather than one we enforce.

Uploaded documents are stored as ciphertext

PDFs and images you upload are encrypted under the same per-account key, not held as readable files. A document with its own text layer is deleted the moment we have read it, usually within seconds of upload. A scanned document is kept for the retention window below, because scans are read by text recognition and that sometimes gets them wrong, and keeping the original is what lets someone ask for it to be re-read. An account that would rather hold nothing can turn that off in its settings, and the originals it already holds are deleted immediately.

Payroll data is deleted on a timer

Each account has a retention window, 30 days by default, and settable by an account admin between 7 and 365 days, after which a nightly job purges the submitted payload, the normalised result, the token map, and the uploaded document. What survives is the compliance verdict itself, which contains no identifying data and exists so you keep an audit trail of what was checked and when.

Shortening the window applies to data we already hold: those payslips expire sooner and go in the next nightly sweep. Lengthening it applies only to new uploads. A payslip we said would be gone by a given date still goes on that date.

Chat assistant transcripts are purged after 90 days.

Deleting an account destroys the key, not just the rows

Because every piece of your account’s identifying data is encrypted under a key unique to you, deleting that key renders all of it permanently unreadable, in our live systems and in every backup we take from that point on. This is a stronger guarantee than row deletion, which backups routinely survive.

What we send to AI providers

FairCheck uses large language models to read unstructured payslips, to review its own compliance findings, and to answer questions in the assistant. We use a single, reputable AI provider for this, which processes the text overseas, under its commercial terms. We do not send your data to any other AI provider.

Personal information is removed before it crosses that boundary. A payslip is filtered on our own servers first: names, addresses, tax file numbers, bank details, contact details and employee identifiers are replaced with meaningless placeholder tokens, and only the filtered text is sent. The real values stay with us, encrypted, and are re-attached locally when we display a result to you. The same filtering runs on assistant messages before they leave.

Two things are deliberately not filtered, because they contain no personal information: the text of an enterprise agreement you upload (a published industrial instrument), and the job descriptions you type into the pay calculator and role tools.

There is one exception, and it only happens when you ask for it. When text recognition has misread a scanned payslip, the result page offers to have it re-read by an AI model from images of the pages. An image cannot be reliably redacted, the part we would have to black out is the part the model has to read, so those images are sent unredacted, including the name, address and payroll number printed on the slip. That option appears only for scans whose original we still hold, it requires an explicit confirmation on a screen that says exactly this, and the approval is recorded and shown on the payslip’s “What we sent to the AI” page from then on. The result is stored the usual way: identities replaced with tokens, the real values encrypted here.

Under our provider’s commercial terms, it may not train its models on the content we send, and it deletes what we send within a short retention period, except where it must keep it to comply with law or to investigate misuse.

Sending privacy-filtered text to our overseas AI provider is a cross-border disclosure under Australian Privacy Principle 8. The text we send carries no names, tax file numbers, bank details or contact details, which are replaced with placeholder tokens before anything leaves our systems. We take reasonable steps to ensure that the overseas recipient handles the information consistently with the Australian Privacy Principles.

Connected payroll and rostering systems

You can connect a payroll or rostering system to FairCheck, such as Xero, MYOB or Employment Hero, and we also build bespoke connections to other providers depending on the payroll or rostering system you use. When you connect one, FairCheck requests read-only access. We can read the payroll information you authorise, such as employees, pay runs, payslips and payroll settings, and we cannot write anything back or change pay. The access tokens are encrypted at rest. Disconnecting from FairCheck also revokes our access at the provider, so the connection disappears from your connected apps.

Keeping your data secure

We protect your information with strong technical and organisational measures. Identifying details are replaced with tokens before storage, data is encrypted at rest and in transit, access is restricted to those who need it, and payroll data is deleted on the retention timer above. We review our security controls regularly and hold only what we need for as long as we need it.

Your rights

Under the Australian Privacy Principles you can:

• Ask for access to the personal information we hold about you.
• Ask us to correct information that is wrong, out of date or incomplete.
• Ask us to delete information, subject to any law that requires us to keep it.
• Make a complaint about how we have handled your information.

To exercise any of these, contact us at legal@faircheck.com.au. We may need to verify your identity first. We will respond within 30 days. There is no fee to make a request, though we may charge a reasonable cost in limited cases for access, and we will tell you before we do.

If you are an employee whose pay data was checked, FairCheck holds that data on behalf of your employer. Please direct access, correction or deletion requests to your employer, who can action them in FairCheck or instruct us to. Where we receive a request directly from an employee, we will refer you to your employer or act on their instruction, consistent with our role as their service provider.

Data breach response

We take reasonable steps to protect the information we hold. If we suspect a data breach, we assess it promptly, and within 30 days of becoming aware of it. If it is an eligible data breach that is likely to result in serious harm, we will notify the Office of the Australian Information Commissioner and the affected individuals, as required by the Notifiable Data Breaches scheme.

Where a breach involves data we process on your behalf, we will notify you without undue delay so that you can meet your own obligations to your employees and to the regulator, and we will cooperate with you on the response.

Changes to this policy

We may update this policy. For material changes we will give notice by email or in the product, and we will update the date at the top. Continued use of FairCheck after a change takes effect means you accept the updated policy.

Contact

Privacy enquiries and requests can be sent to legal@faircheck.com.au. General enquiries can go to hello@faircheck.com.au.

Part C: Acceptable Use Policy

This policy sets out how FairCheck may and may not be used. It forms part of the Terms of Use. We may suspend or terminate access for a breach of it.

You must not

• use FairCheck in any way that breaks the law, or to help anyone else break the law;
• upload or submit data you do not have the right or authority to provide, including employee data you are not permitted to share with us;
• attempt to re-identify, reverse or defeat the tokenisation, pseudonymisation or other de-identification FairCheck applies, or try to recover a real name, tax file number or bank detail from a token or pseudonym;
• access, or try to access, another organisation’s data, or probe, scan or test the security of FairCheck without our written permission;
• reverse engineer, decompile or copy the FairCheck software or attempt to extract its source code, except to the extent the law allows despite this policy;
• resell, sublicense, rent or provide FairCheck to a third party, except under a separate written agreement with us, such as a bureau or partner agreement;
• overload, disrupt or interfere with FairCheck or its API, bypass access controls, or exceed any rate limits we set;
• upload malware, or any code or content designed to harm, disable or gain unauthorised access to a system;
• use FairCheck to harass or disadvantage a person, or to make an employment decision in a way that breaks the law; or
• present a FairCheck result as legal advice, or as an official or binding determination of compliance.

What we may do

If we reasonably believe you have breached this policy, we may investigate, remove or disable access to offending content, suspend or limit your account, or terminate your access under the Terms of Use. Where it is practicable and lawful, we will tell you first.

Reporting misuse

If you become aware of a breach of this policy, or a security concern, please tell us at legal@faircheck.com.au.