The web site Profilr.com.au (“Site”) is owned and operated by Profilr Pty Ltd (“Company”).
Your use of the Site is conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (“Terms and Conditions”). Your registration on, and use of and/or access to the Site constitutes your agreement with the Terms and Conditions.
In addition to the general Terms and Conditions set out below, certain parts of the Site may be subject to additional specific terms and conditions of use. Such specific terms and conditions form part of the general Terms and Conditions and are set out below, as well as in the relevant part of the Site. You are also bound by these specific terms and conditions, which you will be deemed to have accepted by your use and/or access to the relevant part of the Site.
All information, text, material, graphics, software and advertisements on the Site (“Material”) are [Copyright © 2014] by the Company, its associated companies, suppliers, and/or licensors unless expressly indicated otherwise. The Materials are protected by Australian and international copyright laws.
You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the Material except as expressly provided on the Site, or expressly authorised in writing by the Company.
You must not use the Profilr trade marks, logos or other materials for any purpose without the prior written consent of the Company.
You may, subject to specific restrictions set out in these Terms and Conditions, download Material from the Site solely for your personal, non-commercial use. You must not distribute such Material in any form to any third party. You agree not to change or delete any proprietary notices from any Material downloaded from the Site.
No person is to use the Site or upload content to the Site unless they are aged 18 years or older.
All information, text, graphics, photos, comments or other materials uploaded, downloaded or appearing on the Site (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who created such Content.
The Company does not take responsibility for such Content. Any use or reliance upon any Content or materials posted on the Site or obtained by you through the Site is at your own risk.
The Company does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content posted on the Site or endorse any opinions expressed on the Site. You understand that by using the Site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in the Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.
Users must not:
- post or transmit any message or upload any material anonymously or under a false name;
- upload any Content on the Site which is false, misleading or deceptive;
- post or upload any Content which is libellous, defamatory or which discloses private or personal matters concerning any person, or any Content which is indecent, obscene or pornographic;
- post or transmit any Content that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks;
- interfere with other users use of the Site, including but not limited to disrupting the normal flow of dialogue in a chat room or forum;
- post or transmit any file or data which contains viruses or any other contaminating or destructive features;
- send any unsolicited mass email to other users of the Site; and/or
- post or transmit any Content which is harmful, threatening, abusive or hateful;
- post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes;
- use the facilities of the Site to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others; and/or
- impersonate any other person.
If the Company suspects that material which has been uploaded contravenes any of the above conditions or is otherwise in the opinion of the Company suspicious, the Company reserves the rights to take down that material without notice to the user who uploaded it.
The Company will not be responsible for any consequential loss or damage caused to the user by the removal of the material.
The Company reserves the right at all times (but will not be obliged) to remove or refuse to post any Content on the Site, to suspend or terminate registered users, and to reclaim usernames without liability to any such user or third party.
The Company also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
- satisfy any applicable law, regulation, legal process or governmental request;
- enforce the Terms and Conditions, including investigation of potential violations thereof;
- detect, prevent, or otherwise address fraud, security or technical issues,
- respond to user support requests; or
- protect the rights, property or safety of the Company, its users and the public.
The Company respects the intellectual property rights of others and expects users of the Site to do the same.
The Company will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us at firstname.lastname@example.org. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- identification of the copyright work said to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
- your contact information, including your address, telephone number and an email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate, and that you are authorised to act on behalf of the copyright owner.
The Company reserves the right to remove Content alleged to be infringing without prior notice, at its sole discretion, and without liability to the users involved. In appropriate circumstances, the Company will also terminate a user’s account if the user is determined to be a repeat infringer.
Upon your initial registration, you will be asked to provide a username and password. Your username and password are for your use only and are not transferrable.
You are responsible for safeguarding the password you choose to access the Site and for any activities or actions under your password. We encourage you to use “strong” passwords with a combination of upper and lower case letters, numbers and symbols, with your account. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
The Site may now or in the future contain communication facilities such as forums and chat rooms, which provide for real-time communication between users of the Site, for feedback to the Company, messaging and notice services. The Company reserves the right (but not the obligation) to monitor such communication facilities and the communications and Content posted from time to time. While the Company reserves the right to monitor such communication facilities, the Company does not, cannot, and is under no obligation to, review all communications and third party materials posted or uploaded to the Site and is not responsible for the content of these communications and third party materials.
The Company does reserve the right to block, edit or remove from the Site communications and third party materials which the Company in its sole discretion determines to be abusive, defamatory or obscene, fraudulent, misleading or deceptive, a breach of any third party intellectual property rights, a breach of any law or these Terms and Conditions, or offensive or otherwise unacceptable to the Company.
You acknowledge and agree that the Company has no control over users of the Site, and is under no circumstances liable for the behaviour, opinions or conduct of such users, including but not limited to any information, materials or advice provided by them, any defamatory or otherwise offensive statements.
Licence to the Company
By placing any information or other Content on the Site, including but not limited to your profile information, videos, or advertisements, you grant the Company a non-exclusive, world-wide, royalty free, perpetual licence to use the Content at its discretion, including to sub-licence, reproduce, distribute, transmit, adapt, publicly display and publicly perform the Content.
You expressly waive in favour of the Company any moral rights or similar rights you have in any jurisdiction in respect of the Content. If requested by the Company you agree to enter into any further agreements necessary to document the licence and waiver set out above, at the Company’s expense.
By uploading Content to the Site, the user warrants as follows:
- That either:
- the Content contains no third party content (including music or images); or
- the user has obtained licences to include any third party content in the Content and to upload it to the Site, and holds the necessary rights to grant the licence; and
- That any person appearing in the Content consented to the use of their name and/or image and/or voice in the Content, the uploading of the Content to the Site and the granting of the licence;
- (together, Warranties).
You agree to indemnify the Company and keep the Company, its officers, directors, employees, servants, agents, licensors, licensees and suppliers, indemnified from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms and Conditions, the Warranties or any activity related to your use of the Site and your registered account (including negligent or wrongful conduct) by you or any other person using your registered account.
Access to any Site which may be reached by the hyperlinks on this Site (“Linked Site”) is subject to any notices, including but not limited to copyright notices, which may appear throughout the Linked Site.
Accessing a Linked Site from this Site does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of the Company as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the Linked Site. The Company will not be liable to the reader or any third party for losses, costs, damaged or other expenses incurred as a result of such access and the use of any information contained on a Linked Site.
The ability to access a Linked Site does not:
- constitute express or implied authority to infringe copyright in any material contained on the Linked Site; and/or
- imply any connection, sponsorship or affiliation between the Linked Site and this Site or the Company.
Variation and Termination
These Terms and Conditions shall continue to have full force and effect until varied or terminated by the Company. The Company reserves the right to terminate this agreement and your access to the Site at any time for any reason or for no reason.
The Terms and Conditions relating to intellectual property, your licences to the Company, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.
The Company reserves the right to vary these Terms and Conditions at any time, including by posting new or varied Terms and Conditions on the Site. You will be given the opportunity to accept such varied Terms and Conditions on your first visit to the Site after such variation occurs, and if you elect not to accept the Terms and Conditions as varied your permission to use the Site will terminate immediately.
This agreement is governed by the laws of the State of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of that State.
If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.
The waiver by the Company of a breach of these Terms and Conditions by you shall not be construed as a waiver of any other breach of these Terms and Conditions by you and shall not in any way restrict the Company’s right to exercise its rights pursuant to this agreement in respect of any other breach of these Terms and Conditions.
Personal Information is any information about you where your identity is apparent, or can reasonably be ascertained (“Personal Information”).
What this Policy is about
This policy explains the key measures we have taken to implement the requirements of the Privacy Act 1988. It aims to answer the questions you might have about how we collect, use and disclose the information we collect from you, including your Personal Information. If you have any further questions about the Company’s privacy practices, please contact us at email@example.com.
We endorse fair information handling practices and uses of information in compliance with our obligations under the privacy laws in force in Australia from time to time. Any information provided, including identification of individuals, will be used only for the purpose/s intended and where the intention includes confidentiality, information will be treated as such unless otherwise required by law.
Why and when the Company collects your information
We hold information that you have provided to us about yourself directly through the Site, and Third Party Sites. We also collect information about your use of the Site and Third Party Sites.
This information may include:
- information provided in registering for the Site and Third Party Sites – for example, your name and contact details;
- information provided directly by you as a participant on the Site and Third Party Sites, such as information you disclose in our forms, in requesting quotes, on our blogs or any other spaces where you are able to make comments;
- information provided indirectly by you as a result of your use of the Site and Third Party Sites – for example, the frequency with which and the times at which you use Site and Third Party Sites and information about your preferences and interests.
We wish to provide the Site’s users with a positive user experience. To assist us in doing this, we collect visitor information related to browser and operating systems.
Most web browsers automatically accept cookies but you can disable this function by changing your browser settings if you so wish.
How the Company uses your information
We collect information about you to provide you with your membership of the Site and your use of the Site.
If you upload your CV and Personal Information to your profile on the Site, we may share the information we collect about you, including Personal Information you provide to us, with other users of the Site.
We also collect information to improve and expand the content of the Site and to better engage with our Site’s users.
We may also use information we collect about you and your Personal Information for related purposes such as:
- communicating with you;
- if you so choose, linking your Site account to your Third Party Site accounts and to display updates about your use of the Site on your Third Party Sites;
- to record information about our users’ usage, preferences and behaviour in relation to the Site and Third Party Sites, as well as any feedback you share with us;
- to perform statistical analyses of user behaviour;
- maintaining our relationship with you, including responding to your questions;
- helping us to identify and inform you about other products or services that are likely to be of interest to you;
- providing targeted third-party advertising to you on the Site;
- performing internal accounting and administration, including for reporting purposes;
- protecting you and the Company from fraud; and
- any other use for which we obtain your permission.
The Company may use your information or provide your information to third parties to contact you for marketing purposes including but not limited to new products, services, promotions, giveaways, via email and telephone. If you do not wish to receive any marketing communications from the Company, you may opt-out and stop the delivery of future promotional material by following the special instructions in the email you receive. These instructions will tell you how to remove your name from the Company’s promotional list.
The Company may also use such information to perform statistical analyses of user behaviour.
How long we will you keep your Personal Information
We will keep your Personal Information for as long as it is required to provide you with our services and to comply with legal requirements.
If we no longer require your Personal Information for any purpose, including legal purposes, we will take reasonable steps to securely destroy or permanently de-identify your Personal Information.
Sharing your information with others
The Company recognises the trust you place in us when you give us your Personal Information. Other than disclosure to service providers (explained below) or as required by law (for example, disclosure to various Government departments or to courts), our policy is that we do not give your Personal Information to other organisations unless we have disclosed the use in this policy or you have given us your consent to do so.
The service providers we may share your Personal Information with are the providers of the electronic systems we use to collect and store your Personal Information; banks and financial institutions you use to make payments to us (if any); and other service providers we use to help us run aspects of our business efficiently including other registered users of the Site. Users of the Site based overseas may view the material uploaded by you onto your profile on the Site, however we will not actively disclose your Personal Information to third parties based overseas.
Occasionally the Company might also use your Personal Information for other purposes or share your information with another organisation because:
- we believe it is necessary to provide you with a service which you have requested;
- we believe it is necessary to protect the rights, property or personal safety of another Site user;
- we believe it is necessary to do so to prevent or help detect fraud or serious credit infringements - for example, we may share information with other, credit reporting agencies, law enforcement agencies and fraud prevention units;
- we believe it is necessary to protect the interests of the Company – for example, disclosure to a court in the event of legal action to which the Company is a party; or
- the assets and operations of the Company’s business are being transferred to another party as a going concern.
Accessing information we keep about you
You can access the Personal Information we hold about you at any time. Simply contact us to make your request at firstname.lastname@example.org.
We will always endeavour to meet your request for access. However, in some circumstances we may decline a request for access. This includes the following circumstances:
- we no longer hold or use the information;
- providing access would have an unreasonable impact on the privacy of other persons;
- the request is frivolous or vexatious;
- the information relates to existing or anticipated legal proceedings and would not normally be disclosed as part of those proceedings;
- providing access would be unlawful;
- providing access would be likely to prejudice the detection, prevention, investigation and prosecution of possible unlawful activity; and
- the information would reveal our commercially sensitive decision-making processes.
If we decline your request for access, we will give you reasons for our decision when we respond to your request.
We reserve the right to charge you a reasonable fee for access to some types of information. These charges will be limited to the cost of recouping our expenses for providing you with information, such as document retrieval, photocopying, labour and delivery.
Despite anything contained in this Policy to the contrary, the Freedom of Information Act 1982 continues to apply to any Personal Information held by us. The access and correction requirements in the Privacy Act 1988 operate alongside and do not replace other informal or legal procedures by which an individual can be provided access to, or correction of, their Personal Information.
Changing or deleting the information
To provide you with the best possible service, it is important that the information we hold about you is accurate. We will take reasonable steps to ensure that your Personal Information is accurate, complete and up-to-date at the time of collecting, using or disclosing the information.
If you believe that any information we hold about you is inaccurate, incomplete or out-of-date, you should notify us. We will do our best to correct it or delete it, unless we need to keep if for legal reasons.
The Company endeavours to take all reasonable steps to keep your Personal Information secure. We store this information on secure servers that are protected in access-controlled facilities. Once it is stored on our servers, only authorised users can access your Personal Information, and access is only for approved purposes.
The Company is not responsible for any third-party access to your Personal Information as a result of:
- interception while it is in transit over the internet;
- spyware or viruses on the device (such as a computer or phone) from which you access the Site, nor
- as a result of your failure to adequately protect your membership user name or password;
nor for any losses, expenses, damages and costs, including legal fees, resulting from such access.
Providing information on other Sites
What to do if you have a problem, question or complaint