Terms of Collabosaurus

Thank you for choosing The Trustee for Swidenbank Family Trust ABN 91 848 771 494 (“Service”, “Collabosaurus”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

The Trustee for Swidenbank Family Trust (“Company”) reserves the right to update and change these Terms of Service without notice.

Violation of any of the terms below may result in the termination of your account.

Account Terms

You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like. In the case of Account Managers or a key person or company managing projects for multiple brands; this is allowed but monitored.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
When you sign up to The Service you are agreeing to an approval process which may take up to 48 hours. Collabosaurus maintains the right to deny full access to the Service after reviewing new subscriptions and sign-ups. The Collabosaurus approval term is to ensure applicants are not spammers or people who will misuse the Service.
To hold an account with Collabosaurus, you must; (a) have the power to enter a binding contract with Collabosaurus and are not barred from doing so under any applicable laws, and (b) warrant that any registration information that you submit to Collabosaurus is true, accurate and complete, and you agree to keep it that way at all times.

Payment, Refunds, Upgrading and Downgrading Terms

The Service is offered with a free trial. Once that trial period is over, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen where no matches can be made, and the dashboard is inaccessible until payment is made.
Collabosaurus can be enjoyed through any of the following subscription levels.

Starter: includes twelve ‘requests to connect’ per month and one active, published listing

Business: includes unlimited ‘requests to connect’ per month, three active, published listings and one active pitch portal page

Multi-brand: bespoke account allowances that are custom and accompanied by a customised contract agreement.
Collabosaurus maintains an initial three (3) month term agreement for paid subscription upgrades to ensure value for both The Company and the subscriber. Opting to cancel before the minimum term has expired is not permitted, however any concerns can be directed to info@collabosaurus.com
Any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss. Any excess projects created in a higher level subscription will be archived when your plan is downgraded.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Collabosaurus does not offer refunds as matches can be viewed free of charge before a subscription fee is paid. In extreme circumstances, refund requests can be emailed to info@collabosaurus.com and eligibility will be determined at the discretion of Collabosaurus employees.
From time to time, Collabosaurus will run promotional material offering discounted or free trial memberships for a period of time. These promotional codes are not redeemable for cash and may not be returned for a cash refund, exchanged, resold. These promotional codes are also non-transferrable to an existing account holder unless explicitly in the promotional material.
Collabosaurus uses a third party company, Braintree Payments, to process subscription fees monthly via direct debit. Collabosaurus must abide by Braintree’s terms and conditions. Their privacy policy can be viewed here.

Cancellation

You are solely responsible for canceling your paid subscription. You can do so logging in, navigating to 'settings' and clicking 'cancel plan' your paid subscription will be cancelled immediately.
If you wish to permanently remove all data from the Collabosaurus platform, please email info@collabosaurus.com requesting this deletion.
In this case, all of your content will be immediately be inaccessible from the Service upon deletion. This information can not be recovered once it has been permanently deleted.
If you cancel your subscription to the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle. There will also be no refunds of payments made, regardless of the date of Account cancelation within the billing cycle.
The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Collabosaurus website or via email.
The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright

The look and feel of the Service is copyright© The Trustee for Swidenbank Family Trust. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided via email.
You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service.
You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to info@collabosaurus.com

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

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Privacy Policy

The Trustee for Swidenbank Family Trust (“Collabosaurus” “we”, “us” or “our”) are committed to respecting your privacy. Our Privacy Policy sets outs out how we collect, use, process, store, share and disclose your personal information.

Openness and Transparency

We are committed to protecting your privacy and respecting and upholding your rights under and the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) and the General Data Protection Regulation (EU 2016/679) (the GDPR) (collectively, Privacy Laws).

We ensure that we will take all necessary and reasonable steps to comply with the relevant Privacy Laws and to deal with inquiries or complaints from individuals about compliance with the relevant Privacy Laws .

By accessing and using our website, products and services, you freely and expressly consent to the collection, use, processing, storage and disclosure of personal information by us as set out in this Privacy Policy.

Personal Information

Personal information is any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

The type of personal information we collect from you includes, without limitation, the following:

your full name;

address;
email address;
telephone number(s);
date of birth;
credit card information;
your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;
information you provide to us through customer surveys;
billing information (including credit and bank details); or
any other personal information that may be required in order to facilitate your dealings with us.

Collection

We will collect Personal Information only by lawful and fair means and not in an unreasonably intrusive way. Generally, we will collect personal information directly from you, and only to the extent necessary to provide our products and services requested or ordered by you and to carry out our administrative functions or as required by a relevant Privacy Law. We will not collect sensitive personal information (as defined under the relevant Privacy Laws) from you. We also do not knowingly seek or collect Personal Information from children below the age of 16 years.

We may also collect Person Information from you when you fill in an application form, communicate with us, visit our website, provide us with feedback, complete online surveys or participate in competitions. We may collect Personal Information about you that you have provided to our business partners or from third parties and in respect of which you have given the third party permission to share with us.

If you use a pseudonym when dealing with us or you do not provide identifiable information to us, we may not be able to provide you with any or all of our services as requested. If you wish to remain anonymous when you use our website do not sign into it or provide any information that might identify you.

We require individuals to provide accurate, up-to-date and complete Personal Information at the time it is collected.

What is our legal basis?

Under the GDPR, we must have a legal basis to process Personal Information collected from individuals residing in the European Union. We rely on several legal bases to process your Personal Information, including:

where it is necessary to provide you with access to, and use of product, services and website;

for our legitimate interests to provide, operate and improve our products, services or website;

where you have freely and expressly consented to the processing of your Personal Information by us, which you may withdraw at any time; or
where we are under a legal obligation to process your Personal Information.

What do we do with your Personal Information?

We use, process and disclose your Personal Information for the purposes for which the information is collected, or for a directly related purpose, including (but not limited to):

providing our website, products and services to you;

administering, protecting, improving or optimising our website, products and services (including performing data analytics, conducting research and for advertising and marketing purposes);

billing you for purchasing or using our website, products and services;

informing you about our website, products, services, rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;

responding to any inquiries or comments that you submit to us;

verifying your identity;

any other purpose you have consented to; and

any use which is required or authorised by a relevant Privacy Law.

Disclosure of personal information

We may disclose your Personal Information to:

third-parties we ordinarily engage from time to time to perform functions on our behalf for the above purposes;
any person or entity to whom you have expressly consented to us disclosing your Personal Information to;
our external business advisors, auditors, lawyers, insurers and financiers; and
any person or entity to whom we are required or authorised to disclose your Personal Information to in accordance with the relevant Privacy Laws.

Access and management

Subject to some exceptions provided by the relevant Privacy Laws, you may request access to your Personal Information in our customer account database, or seek correction of it, by contacting us. See section 12: Contact information. Should we decline you access to your Personal Information, we will provide a written explanation setting out our reasons for doing so.

We may charge a reasonable fee that is not excessive to cover the charges of retrieving your Personal Information from our customer account database. We will not charge you for making the request

If you believe that we hold Personal Information about you that is not accurate, complete or up-to-date then you may request that your Personal Information be amended. We will respond to your request to correct your Personal Information within a reasonable timeframe and you will not be charged a fee for correcting your Personal Information.

If we no longer need your Personal Information for any of the purposes set out in this Privacy Policy, or as otherwise required by the relevant Privacy Laws, we will take such steps as are reasonable in the circumstances to destroy your Personal Information or to de-identify it.

Direct Marketing

Where we:

have your express consent (which you may withdraw at any time by contacting us);
have a legal basis; or
are otherwise permitted by relevant Privacy Laws,

we may use and process your Personal Information to send you information about products and services we believe are suited to you and your interests or we may invite you to attend special events.

At any time you may opt out of receiving direct marketing communications from us. Unless you opt out, your consent to receive direct marketing communications from us and to the handling of your Personal Information as detailed above, will continue. You can opt out by following the unsubscribe instructions included in the relevant marketing communication, or by contacting us in writing at info@collabosaurus.com.

Cross-border disclosure

We may disclose your Personal Information to third party recipients located in or outside of European Union and Australia in order to provide our website, products and services to you. As at the date of this Privacy Policy, such third party recipients are located in New Zealand, United States, Canada, United Kingdom (Recipients).

When entering into a transaction with us you expressly and freely consent to your Personal Information being disclosed or transferred to such Recipients. We will take steps reasonably necessary to ensure your Personal Information is treated securely and in accordance with this Privacy Policy. We use reasonable endeavours to ensure that each Recipient receiving your Personal Information is bound by the relevant Privacy Laws (including the Standard Contractual Clauses approved by the European Commission). The standard contractual clauses available on the internet at the address http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm).

Collabosaurus website

When transmitting Personal Information from your computer to the Collabosaurus website, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, we will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.

The Collabosaurus website may use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but if you do so, you may not be able to fully experience the interactive features of the Collabosaurus website.

Security

We may hold your Personal Information in either electronic or hard copy. We take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information. For example, we use Braintree payments (a subsidiary company of PayPal) to store billing information, details of which can be found here: https://www.braintreepayments.com/en-au/features/data-security. We have SSL certificates for the Collabosaurus website and have bulit the website on a custom, .NEW azure framework to maintain data security.

However, we cannot guarantee the security of any Personal Information transmitted over the internet and therefore you disclose information to us at your own risk. We will not be liable for any unauthorised access, modification or disclosure, or misuse of your Personal Information.

Enhanced provacy rights (European Union only)

Under the GDPR, an individual residing in the European Union has enhanced privacy rights, including the right to:

require us to correct any Personal Information held about you that is inaccurate or incomplete;
require the deletion of Personal Information concerning you in certain situations;
data portability for Personal Information you provide to us;
object or withdraw your consent at any time to the processing of your Personal Information;
object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you; or
otherwise restrict our processing of your Personal Information in certain circumstances.

Contact information

If you require further information regarding our Privacy Policy or wish to make a privacy complaint, please contact us at info@collabosaurus.com or send mail to: Level 5, 157 Walker Street, North Sydney NSW Australia 2060

Miscellaneous

We reserve the right to modify this Privacy Policy in whole or in part from time to time without notice and amendments will be effective immediately upon posting of the amended Privacy Policy on the Collabosaurus website.

Date: 25 May 2018