Terms & Conditions + Privacy Policy | Benchvote

TERMS AND CONDITIONS

BenchVote Terms of Service and Privacy Policy

1. Terms

By accessing the website Benchvote.com and any of its related marketing pages or you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Benchvote's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    1. modify or copy the materials;

    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

    3. attempt to decompile or reverse engineer any software contained on BenchVote website;

    4. remove any copyright or other proprietary notations from the materials; or

    5. transfer the materials to another person or "mirror" the materials on any other server.

  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by BenchVote at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

3. Disclaimer

  1. The materials on BenchVote' website and  marketing pages are provided on an 'as is' basis. BenchVote makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

  2. Further, BenchVote does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall BenchVote or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on BenchVote website, even if BenchVote or a BenchVote authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on BenchVote's website could include technical, typographical, or photographic errors. BenchVote does not warrant that any of the materials on its website are accurate, complete or current. Genius Startups may make changes to the materials contained on its website at any time without notice. However Genius Startups does not make any commitment to update the materials.

6. Links

BenchVote has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BenchVoteof the site. Use of any such linked website is at the user's own risk.

7. Modifications

BenchVote may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of New South Wales and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

BENCHVOTE

PRIVACY POLICY

Effective March 2019

Benchvote Pty Ltd ACN 622 126 603 and its related bodies corporate (“Benchvote”, “we”, “our” and “us”) of 84 Underwood Road Homebush, NSW 2140 respects individual privacy and the rights of individuals to control their personal information. We are committed to protecting your personal information. This Privacy Policy sets out our policies and practices regarding the collection, use and disclosure of personal information that you provide to us and which we collect from you. By accessing or otherwise using the platform at www.benchvote.com.au and admin.benechvote.com  (“Benchvote Platform” or “Platform”), contacting us by email, telephone or any other means, using websites owned or controlled by Benchvote, using services provided by Benchvote (together, the “Service”), or by engaging with us in any other way, you agree to the terms and conditions set out in this Privacy Policy and consent to the processing of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us.

 

  1. Definitions

“Data” means all data, in any form or medium that you use the Benchvote Platform to collect, including responses to campaigns or activations, survey responses and personal information.

 

“Personal information” is information or an opinion about you or which is reasonably identifiable as you, whether or not the information or opinion is true and whether or not the information is recorded in a material form.

“You” means:

      1. A Campaign Creator, which is the person or legal entity that has an account on the Benchvote Platform and who creates campaigns or activations on the Platform.

      2. A Fan, which is a person who has participated in a campaign or activation through the Benchvote Platform.

      3. Any other person or legal entity that comes into contact with Benchvote from time to time, including a person who uses the Website.

  1. Types of personal information we collect and hold and how we collect it

The types of personal information that we may collect includes:

2.1 Information that you provide to us directly

      1. Information that you provide during the registration process, including: your name, address, email address, telephone number and other contact details;

      2. Information that you provide when you apply for a job with Benchvote, including: your current employment status, your occupation and length of employment, level of education, your employment history, your answers to assessment questions;

      3. Information contained in messages that you send to us through the Benchvote Platform or by email or other records of our interactions with you;

      4. any other personal information that may be required in order to facilitate your dealings with us;

      5. any other personal information you may volunteer.

2.2 Information that we collect automatically

 

   When you use a website, mobile application or other Internet service, certain information gets created and logged automatically. This applies when you use the Benchvote Platform. While we do not use browsing information to identify you personally, we may use cookies, web beacons, and other tracking technologies to collect certain analytics data about your use of the Benchvote Platform such as the pages you visit, the date and time of your visit, your IP address and your interaction with the website and other standard web log information. We may collect this data directly or through third party analytics tools.

 

Cookies

 

A cookie is a small file containing a string of characters that is sent to your computer or mobile device when you visit the Benchvote Platform. When you visit the Platform again, the cookie allows it to recognise your browser. Cookies may store unique identifiers, user preferences and other information which allows the Benchvote Platform to log you in faster, improve your navigation through the Platform and allow us to ensure that the rules of an activation are complied with, for example, where applicable, Fans can only vote once in a competition. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Platform features or services may not function properly without cookies turned on.

 

   Web beacons  

   Web beacons (also known as page tags or clear gifs) are used to unobtrusively allow us to track the content that you have accessed. For example, we may use web beacons to determine whether you have opened an email from us or clicked on any links in the email or to determine how Fans interact with the websites of Campaign Creators.

 

    Log data  

  Each time you use the Benchvote Platform, your browser or mobile app automatically sends certain information to our servers such as your IP address, searches, browser type and settings, the number of clicks, the date and time of your request, landing pages, how you interact with the Platform, cookies data and device data. Our servers record this log data.

  1. Who we collect personal information about

We may collect personal information about:

  • individuals;

  • Fans who have participated in a specific campaign or activation and we provide such personal information to the Campaign Creator.

  • our contractors and suppliers;

  • third parties seeking or using our Services;

  • other people who come into contact with us in the ordinary course of business; and

  • applicants applying for a job or position with us: we may collect certain information from you (including your name, contact details, working history and relevant records checks) your previous employers and others who may be able to provide information to us to assist in our decision whether or not to make you an offer of employment or engage you under a contract. This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act.

Children’s privacy

You must be over 18 (eighteen) years of age to access and use the Platform. We will not knowingly collect the personal information of any person under this age and the Platform is not directed at persons under this age – except as set out hereafter. If you are younger than 18 (eighteen) and you wish to use the Platform, you must have the consent of a parent or guardian (in which case, a reference to “you” means the child and their parent or guardian). If we believe that we have collected any information of a child under the age of 18 (eighteen) (except as set out here) we will delete that information (including the related account) immediately.

  1. How we collect and hold personal information

In general, we do not collect your personal information, unless you provide it to us voluntarily and knowingly during your dealings with us, including by way of:

  • when you voluntarily use the Services;

  • personal contact with us at a face-to-face meeting or situation;

  • correspondence, chats, social applications or services, mail, email or telephone;

  • when you invest in our business or enquire about a potential acquisition of our business.

In some cases, we collect personal information from third parties including public sources, our related companies and our service providers.  

 

We may hold your personal information in hard copy files and/or electronic files.

 

Security

 

We take reasonable steps to ensure that all personal information that we collect is kept secure in accordance with industry standard physical, electronic and managerial procedures. All of our staff are trained to comply with this Privacy Policy. In respect of personal information collected online or stored electronically (including in the cloud) in particular, you acknowledge that no security system is impenetrable and that the security of such networks and systems can never be guaranteed. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information which is transmitted to us is transmitted at your own risk.

  1. Why we collect, hold, use and disclose your personal information

We will use and disclose your personal information only for the purpose (the “primary purpose”) for which you provide it to us, which may include:

      1. to enable you to access and use the Benchvote Platform;

      2. to respond to any query or complaint that you may make or otherwise provide customer support;

      3. for internal administration and operational purposes such as preventing fraud and abuse of our systems and to troubleshoot bugs;

      4. to operate, protect, improve and optimise the Benchvote Platform and our business - such as to perform analytics, conduct research, evaluation and development and quality control purposes and for advertising and marketing;

      5. for all purposes relating to recruiting and assessing your suitability for roles with us and to consider your employment or contractual engagement application.

 

Use of campaign and activation Data

 

As part of a campaign or activation, we collect Data on behalf of the Campaign Creator, so Benchvote is only processing that Data on behalf of the Campaign Creator. This Data is controlled and managed by the Campaign Creator.

 

We may aggregate and anonymise the Data and use the anonymised Data for other purposes, such as to analyse the Services and to improve the Services.

Legal bases for processing information under the GDPR (for users in the EEA)

If you are a user in the European Economic Area (“EEA”), we process your information in accordance with the General Data Protection Regulation (“GDPR”). This means that we will collect and use your information only as follows: we need it to provide you with the Services (including the Benchvote Platform) and to satisfy our obligations under the User Licence Agreement; [DRAFTING NOTE: hyperlink to the ULA.] it is justified due to a legitimate interest such as for research and development of the Platform and to market the Platform (but only where your interest in protecting your data does not override our legitimate interest); you consent to us using your information in a certain way, and it is necessary for us to comply with legal requirements.

 

If you have consented to our use of your information, you may withdraw that consent at any time – however this may affect your ability to use all or some of the Services (including all the features of the Platform). You may withdraw your consent by emailing us at adam@benchvote.com.

  1. Who we disclose your personal information to

We may disclose your personal information to:

      1. where you are a Fan, the Campaign Creator who created the specific campaign or activation. This is because we collect your personal information on behalf of the Campaign Creator.

      2. third party contractors engaged to perform functions or provide services relating to the purposes for which we collect personal information (for example customer support and management). If this is the case, we will take reasonable steps to ensure that they comply with this Privacy Policy;

      3. third party service providers or affiliates within or outside of Australia who work on behalf of or with us to provide some of our administrative and other services (such as processing payments, email services, hosting and data analytics). We require such service providers to agree not to use such information except as necessary to provide the services to us;

      4. professional advisers, dealers and agents;

      5. any party to whom our assets or business may be transferred (including a sale of Benchvote shares) or with whom we are merged or any other such corporate action;

      6. enforcement or regulatory authorities, within and outside of Australia, if required by law.

  1. Secondary purpose

We will not use or disclose your personal information for any secondary purpose, unless you consent to that use or disclosure; or you would reasonably expect the use or disclosure in the circumstances, and that secondary purpose is related to the primary purpose for which we have collected that information. Except as set out in this Privacy Policy (or as required for by any statutory or legal requirements), we do not share, sell, rent or otherwise disclose your personal information to third parties.

  1. Managing your personal information

We will take reasonable steps to ensure that any personal information we collect is up-to-date, complete and accurate, and any personal information that we use or disclose is up-to-date, complete, accurate and relevant.

The data protection / privacy laws in different countries allow users to particular rights in relation to their personal information. Accordingly, you may contact us at adam@benchvote.com or at 821/18 Bonar St, Arncliffe NSW Australia 2205 to seek all or some of the following:

 

      1. Access: You can ask us for a copy of your personal information including a structured electronic version of it.

      2. Change or correct information: You can also ask us to correct or update your personal information.

      3. Delete your personal information: You can ask us to erase or delete all or some of your personal information (e.g. if you withdraw your consent, or it is no longer necessary to provide the Services to you).  

      4. Object to, or limit or restrict, use of personal information: You can ask us to stop using all or some of your personal information (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g. if your personal information is inaccurate or unlawfully held).

Sometimes we may not be able to provide you with access to some or all of your personal information. If this is the case, we will tell you why. We may need to verify your identity when you request access to your personal information. If you are a Fan, you will need to ask the Campaign Creator to access your personal information.

  1. Overseas disclosures

We may share your personal information with third parties (such as service providers) who are based outside Australia. These parties are contractually required to comply with this Privacy Policy. Except as may be set out elsewhere in this Privacy Policy, we do not otherwise disclose your personal information outside of Australia.

  1. Complaints about a privacy breach

If you believe that we have breached this Privacy Policy, you may direct your complaint to us at adam@benchvote.com or at 821/18 Bonar St, Arncliffe NSW Australia 2205. Please include your name, email and/or telephone number. We will review your complaint and liaise with you directly to resolve your complaint within a reasonable time.

  1. Links to third party websites

The Benchvote Platform may contain links to third party websites. If you visit a third party website, then you should read the privacy policy of that third party site to understand how they collect and use your personal information. We are not responsible for how any third party website collects or uses your personal information. This Privacy Policy applies solely to the personal information collected by us.

  1. Changes to our Privacy Policy

Any changes to this Privacy Policy will be posted onto the website. Unless stated otherwise, changes will be effective immediately upon being placed onto the website. Your continued use of the Platform following such amendments being placed on the website will represent an agreement by you to be bound by the Privacy Policy as amended.