Community Tradelink.
Terms of Use:
Effective 2 December
2019. The Services (as defined below) will be provided
to you by Community Tradelink. (we, our, us) a trading name of UBT
Marketing Pty Ltd ACN 162 091 796 as trustee for UBT Marketing
Trust ABN 84 296 716 805 of Level 6, 10 Herb Elliott Avenue, Sydney Olympic
Park, NSW 2127 (UBT). UBT provides you the licence to use the site
and is the data controller.
1. Introduction
Welcome to
communitytradelink.com (Site) a Marketplace set up by UBT by agreement
with Sharetribe Oy (Business ID 2432359-2), a limited
liability company incorporated and existing under the laws of Finland, having
its principal place of business at Bulevardi 14 A, 00120 Helsinki, Finland (Sharetribe).
These Terms of Use and the Privacy Policy and all policies posted on the Site
set out the terms on which we offer you access to and use of the Site,
services, applications and tools (collectively Services). You
agree to comply with the full Terms of Use when accessing or using the
Services.
2. Your Account
To access and use some of
the Services, you may need to register with us and set up an account with your
email address and a password (your Account). The email
address you register with will be your email address, and you are solely
responsible for maintaining the confidentiality of your password. You are
solely responsible for all activities that happen under your Account. If
you believe your Account has been compromised or misused, contact us
immediately at Community
Tradelink. Customer Support.
3. Using the Site
The Services are intended
for access by adults; if you are not an adult, you must be accompanied by an
adult when accessing the Services. You agree that you will not do any of
the following:
• violate any laws or our
Posting Rules;
• post any threatening,
abusive, defamatory, obscene or indecent material;
• be false or misleading;
• infringe any
third-party right;
• distribute or send
communications that contain spam, chain letters, or pyramid schemes;
• distribute viruses or
any other technologies that may harm the Site, the Services or the interests or
property of the users of the Site;
• impose an unreasonable
load on our infrastructure or interfere with the proper working of the
Services;
• copy, modify, or
distribute any other person’s content without their consent;
• use any robot spider,
scraper or other automated means to access the Services and collect content for
any purpose without our express written permission;
• harvest or otherwise
collect information about others, including email addresses, without their
consent; and/or
• bypass measures used to
prevent or restrict access to the Services.
4. Abusing the Services
We and our community work
together to keep the Services working properly and the community safe.
Please report problems, offensive content and policy breaches to us using the reporting
system[CS2] . You are solely responsible for all information that you
give us or the Site any consequences that may result from your posts. We
can at our discretion refuse, delete or take down content that we think is
inappropriate or breaching these Terms of Use. We also can at our
discretion restrict a user’s usage of the Services either temporarily or
permanently; or refuse a user’s registration. Without limiting other
remedies, we may issue warnings, limit or terminate our Services, remove hosted
content and take technical and legal steps to keep users off the Services if we
think that they are creating problems or acting inconsistently with the letter
or spirit of our policies. However, whether or not we take any of these
steps, we do not accept any liability for monitoring the Services or for
unauthorised or unlawful content on the Services or use of the Services by
users. You also accept that we are not under any obligation to monitor
any data or content which is submitted to or available on the Services.
5. Global Marketplace
Some features of
the Services may display your ad on other sites in our community. By
using the Services, you agree that your ads can be displayed on these other
sites. The terms for our other sites are similar to these terms, but you
may be subject to additional laws or other restrictions in the countries where
your ad is posted. When you choose to post your ad to another site, you
may be responsible for ensuring that it does not violate our other site
policies. We may remove your ad if it is flagged on any of our sites, or
if we believe it causes problems or violates any law or policy.
6. Fees and Services
Using the Services is
generally free. We may sometimes charge a fee for certain features or
Services. If the feature you use incurs a fee, you will be able to review
and accept that charge before purchase. If you choose to pause an ad at
any stage, any features you have applied to your ad will not be paused.
Our fees are quoted in Australian Dollars, and we may sometimes change
them. We will notify you of changes to our fees by posting the changes on
the site. We may sometimes temporarily change our fees for testing
purposes, promotional events or new features, these changes take effect from
the time the price change is posted to the site. Our fees are
non-refundable after the feature is supplied, and you are responsible for
paying them when they are due. If you do not, we may limit your ability
to use the Services. If your payment method fails or your account is past
due, we may collect fees owed using collection mechanisms, including third
party debt collection services. Australian taxes associated with our
Services will be collected where applicable. You agree to provide
accurate information necessary for us to comply with our obligations under
applicable law. You are solely responsible for collecting and remitting
any applicable taxes resulting from the sale of your items or services listed
on the Services.
7. Content
The Services contain
content from us, you, and other users. The Site is protected by copyright
laws and international treaties. Content displayed on or via the Services
is protected as a collective work and/or compilation, pursuant to copyrights
laws and international conventions. You agree not to copy, distribute the
Services or modify content from the Services, our trademarks or copyrights
without our express written consent. You may not disassemble or decompile,
reverse engineer or otherwise attempt to discover any source code contained in
the Services. Without limiting the foregoing, you agree not to reproduce,
copy, sell, resell, or exploit for any purposes any aspect of the Services
(other than your own content). When you give us content, including
pictures, you grant us and represent that you have the right to grant us, a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise any and all copyright, publicity,
trademarks, design, database and intellectual property rights to that content,
in any media whether now known or to be discovered in the future, including
third party sites and applications. You agree not to enforce and waive
all moral rights you have in the content to the fullest extent permitted by
law. We reserve the right to remove content where we have grounds for
suspecting the violation of these terms or the rights of any other party.
8. Reporting Intellectual
Property Infringements
Do not post content that
infringes the rights of third parties. This includes, but is not limited
to, content that infringes on intellectual property rights such as copyright
and trademark (e.g. offering counterfeit items for sale). We can remove
content where we have grounds for suspecting the violation of these terms, our
policies or of any party’s rights. If you believe that a listing on Community Tradelink infringes any copyright, trademark, or other intellectual property rights, please advise us immediately via the Complaints Form found at the top of this page.
9. Third Party services
on the Site
We may facilitate a
payment gateway for the benefit of users of the site. If such a gateway is provided, it is solely
for the purpose of enabling monetary transactions between users and we are in
no way party to such transactions. We
have no part or responsibility in relation to transactions between users of the
site, we give no representations in respect of the items or services being
transacted and make no guarantee as to the payment from one user to
another. If you choose to make use of
any payment gateway, it will be external to the site and subject to the terms
of use and privacy policy of that gateway.
10. Legal and Financial
Advice
You acknowledge and agree
that you have had the opportunity to obtain independent legal and financial
advice from appropriately qualified professional advisers and that you take
into account your personal objectives, financial situation and needs before
buying or selling an item via the Services.
11. Limitation of
Liability
Nothing in these Terms of
Use (including this clause 11) excludes, restricts or modifies any rights or
statutory guarantees that you may have under applicable laws that cannot be
excluded, restricted or modified, including any such rights or statutory
guarantees under the Australian Consumer Law. To the extent that these
Terms of Use are found to exclude, restrict or modify any such rights or
statutory guarantees, those rights and/or statutory guarantees prevail to the
extent of the inconsistency. Services are provided “as is” and “as
available”. You agree not to hold us responsible for things other users
post or do. As most of the content on the Services comes from other
users, we do not guarantee the accuracy of postings or user communications or
the quality, safety, or legality of what is offered. We also cannot
guarantee continuous or secure access to the Services. While we will use
reasonable efforts to maintain an uninterrupted service, we cannot guarantee
this; to the extent permitted by law, we do not give any promises or warranties
(whether express or implied) about the availability of our Services or that the
Services will be uninterrupted or error-free. Notification functionality
in the Services may not occur in real time. That functionality is subject
to delays beyond our control, including without limitation, delays or latency
due to your physical location or your wireless data service provider’s
network. To the extent permitted by law, we are not liable for the
posting of any unlawful, threatening, abusive, defamatory, obscene or indecent
information, or material of any kind by a user of the Services which violates
or infringes upon your rights, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offence,
give rise to civil liability or otherwise violate any applicable law. To
the extent permitted by law, and without limiting any rights that you may have
under the Australian Consumer Law, our liability to you for any failure by us
to comply with any statutory guarantee under the Australian Consumer Law is
limited to our supplying the Services again or paying you the cost of having
the Services supplied again. We exclude any liability to you for any loss
or damage suffered by you as a result of our failing to comply with an
applicable statutory guarantee under the Australian Consumer Law if your suffering
such loss or damage was not reasonably foreseeable and was not directly caused
by us.
12. Indemnification
You will indemnify and
hold harmless us and our affiliates and our and their respective officers,
directors, agents and employees (each an Indemnified Party), from
any claim made by any third party, together with any amounts payable to the
third party whether in settlement or as may otherwise be awarded, and
reasonable legal costs incurred by any of the Indemnified Parties, arising from
or relating to your use of the Services, any alleged violation by you of the
applicable terms, and any alleged violation by you of any applicable law or
regulation. We reserve the right, at our own expense, to assume the
exclusive defence and control of any matter subject to indemnification by you
but doing so will not excuse your indemnity obligations.
13. Release
If you have a dispute
with one or more of our users, you release us (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from any and all claims,
demands and damages (actual and consequential) of every kind and nature, known
or unknown, arising out of or in any way connected with such disputes.
14. Personal Information
By using the Services,
you agree to the collection, transfer, storage and use of your personal
information by us (the “data controller”) on servers located in the United
States and in the European Union as further described in our privacy policy.
15. Severability
If a provision of these
Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may
be severed for the purposes of that jurisdiction without affecting the
enforceability of the other provisions of these Terms of Use.
16. General
These Terms of Use and
the other policies posted on the Services set out the entire agreement between
us and you, overriding any prior agreements. This agreement is governed
by the laws of New South Wales, Australia. We and you submit to the
non-exclusive jurisdiction of the courts of New South Wales, Australia.
If we do not enforce any particular provision, we are not waiving our right to
do so later. If a court strikes down any of these Terms of Use, the
remaining terms will survive. We may automatically assign this agreement
in our sole discretion in accordance with the notice provision below (our
assignment to an affiliate will not require notice). You acknowledge that
the Site and the Services are dependent on the agreement between us and
Sharetribe and if for any reason Sharetribe withdraws our licence for the
provision of the Site we will be unable to provide any access to the Site or
any content you may have posted. Notices sent to us may be sent by email
to Community Tradelink. Customer Support. We will send notices to you via
the email address you provide, or by registered mail. Notices sent by
registered mail will be deemed received five days following the date of
mailing. We may update this agreement at any time, with updates taking
effect when you next use the site or after 30 days, whichever is sooner.
No other amendment to this agreement will be effective unless made in writing,
signed by you and by us. Send questions, comments or complaints to Community
Tradelink. Customer Support.
Last Modified: 1 January 2020
Copyright © 2019 UBT
Marketing Pty Ltd ACN 162 091 796. All Rights Reserved.
COMMUNITY TRADELINK. PRIVACY POLICY AND COMPLAINTS PROCESS
Privacy is important, especially when you consider the number of ways we communicate and interact these days. That’s why we’ve put together this statement. It explains how we collect, hold, use and disclose your personal information and who we share it with.
And because it’s guided by privacy laws, you can be sure we take your rights seriously. Above all, this statement is your assurance that we never take your privacy for granted and we always take the utmost care in protecting your personal information. We call this statement our Privacy Policy and it gives you rights and tells you the undertakings we give in relation to your personal information. You have a right to request access to the personal information that we hold about you and to ask us to correct it or delete it. You also have a right to make a complaint about how we have managed your personal information. Our Privacy Policy tells you how to do these things and how we will deal with your request or complaint.
When you visit our communitytradelink.com (the Website), use our services, or contact us, you accept that this Privacy Policy shows the way that we collect and manage your personal information. All personal information held by us will be governed by our most recent policy posted on the Website. This Privacy Policy was last updated 20 December 2019. If you continue to deal with us or visit our website, we will take it that you have consented to this Community Tradelink. Privacy Policy.
When we say ‘we’ or ‘us’ we mean Community Tradelink. a trading name of UBT Marketing Pty Ltd ACN 162 091 796 as trustee for UBT Marketing Trust ABN 84 296 716 805 (UBT) and any other authorised businesses that sell goods and services under the UBT brand.
Here are the questions we look at in our Privacy Policy; the answers can be found by scrolling down the page:
· What is "personal information"?
· When do we collect personal information?
· Do we collect personal information via websites?
· How do we use the personal information we collect about you?
· How do we check the quality of personal information?
· Who sees your personal information?
· Do we use your personal information for marketing?
· How do we keep your personal information safe?
· How can you see the personal information that we hold about you?
· How can you correct your personal information?
· What can you do if you have a question, problem or complaint about our use of your personal information?
What is "Personal Information"?
Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable.
When do we collect Personal Information?
1. We collect Personal Information about individuals directly from those individuals or their authorised representative:
a. When you interact with us, we may collect Personal Information, such as names, contact details and other relevant information. Some instances of this are when you:
· i. apply for access to our website
· ii. use our services
· iii. contact us by telephone
· iv. complete electronic, verbal or paper-based registrations, feedback, surveys, promotions, emails, instructions or enquiry forms
· v. subscribe to a publication, newsletter or mailing list
· vi. apply for a job or volunteer your services
· vii. provide information voluntarily.
b. We do not collect Sensitive Information without your consent and then only if it is reasonably necessary for one or more of our activities, for example for investigating a complaint.
2. We may also collect Personal Information about you from a third party or from a publicly available source, but only if:
a. You have consented to such collection or would reasonably expect us to collect information in this way. Example: When personal information is updated with another party trading under the UBT brand, this may be updated in our databases as well.
b. It was not reasonable or practical to collect this information directly from you. Example: We may obtain reports from the licensor of the Marketplace about services provided to members for understanding use by members, negotiating better terms, auditing reports and improving customer service.
Do we collect Personal Information via websites?
1. We do not collect any Personal Information about visitors to websites except when they knowingly provide it or as otherwise described below.
2. Click Stream Data – when you visit and browse the Website, the Website may collect Personal Information for statistical reporting and maintenance purposes via Google Analytics and Wistia (for video).
3. Google Analytics uses first-party cookies to track visitor interactions. These cookies are used to store information, such as:
a. the date, time and duration of a visit;
b. whether the visitor has been to the site before;
c. what site referred the visitor to the Website; and
d. the number of users visiting the Website and the number of pages viewed.
4. Cookies are small text files that are transferred to a user's computer hard drive by a website for the purpose of storing information about a user's identity browser type or website visiting patterns; if you access the Website a cookie may be downloaded onto your computer's hard drive when you first log onto the Website and it is automatically deleted from your hard drive after a period of thirty days.
a. Web beacons are images that originate from a third-party site to track visitor activities; we may use web beacons to track the visiting patterns of individuals accessing the Website.
b. Login audit logs are used to record a user’s usage history and selections.
c. We may implement a Live Agent Web chat application provided by Salesforce that collects data from users online so our staff can identify who they are speaking with.
How do we use the Personal Information we collect about you?
1. We use the information we collect about you to:
a. Establish your access to the Website
b. Identify you and conduct appropriate checks
c. Communicate with you
d. Provide you with services you have requested
e. Provide you with information about goods and services we reasonably believe you may be interested in
f. Provide you with general information we reasonably believe you may be interested in
g. Personalise and customise your experiences with the Websites
h. Help us research the needs and expectations of users and improve the provision of our services and preferred suppliers
i. Manage complaints and disputes, and report to dispute resolution bodies
j. Comply with Occupational Health and Safety regulations
k. Comply with industry codes or a lawful request.
2. We will only collect and use your Personal information in accordance with this Privacy Policy or otherwise with your prior express written consent. If you choose not to provide your Personal Information to us for the purposes set out in this Privacy Policy, the main consequences for you will be that we may not be able to provide you with all or some of the requested service.
How do we check the quality of Personal Information?
1. We take reasonable steps to ensure the personal information we collect is accurate, up to date and complete. We may do this by providing you access to edit some of your personal information, periodic update requests, when interacting with you and where practical electronic synchronisation of UBT databases.
2. We provide you the right to access and correct or delete Personal Information.
Who sees your Personal Information?
1. We disclose the information about you if or when:
a. We have your consent to share the information; or
b. Someone acting on our behalf provides the service you have requested; or
c. We reasonably believe that your actions on the Website violate our Terms.
2. We may disclose Personal Information to third parties but only to the extent necessary to fulfil the purposes for which the Personal Information was collected. Example: We may disclose Personal Information to our officers and employees and our professional advisers and consultants to help improve our services but only on a confidential and need-to-know basis.
3. We may also disclose your Personal Information to the website host in certain limited circumstances. Example: If the Website experiences a technical problem it can operate in an effective and secure manner.
4. We may disclose your Personal Information to organisations that are located in foreign countries solely for the purposes set out in this Privacy Policy provided that such disclosure is permitted under the applicable Privacy Principles. The applicable Privacy Principles permit disclosure to a person in a foreign country where we reasonably believe that the recipient of the information is subject to a law binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the applicable Privacy Principles. The foreign countries where information may be disclosed are likely to be New Zealand, USA, UK, Canada, Argentine and the Caribbean (which is where other of our affiliated entities reside) and in countries where our contracted service providers operate or store information such as virtual or cloud-based operations which may include additional countries such as Hong Kong and the Philippines. If you leave the Website by way of any hyperlink we advertise or display, we make no representation as to the privacy policy in place in any website visited by means of the hyperlink; you are required to make your own investigation and assessment as to the privacy policy of any website visited by this means. In particular, if you visit a payment gateway or a telecommunications site or the site of some preferred supplier mentioned on the Website, please be aware that the sharing of your personal information on those sites is not within the control or oversight of this privacy policy.
5. We may collect government related identifiers from you, which will be used or disclosed only where such use or disclosure is reasonably necessary to verify your identity for the purpose of an activity we are undertaking on your behalf.
Do we use your Personal Information for marketing?
1. We may use your Personal Information to provide you with promotional material about us or our services or services and products offered by UBT and its preferred suppliers. If you do not wish to receive promotional information you can contact our Privacy Officer by emailing [email protected] at any time requesting that your name be removed from our marketing lists.
2. Otherwise we will not disclose any of your Personal Information to any other organisation unless the disclosure is required by law or is otherwise permitted by the applicable Privacy Principles.
How do we keep your Personal Information safe?
1. We take reasonable steps to protect and keep your Personal Information from misuse, interference, loss, unauthorised access, modification or disclosure. The ways we do this include:
a. Using Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive information
b. Limiting physical access to our premises and files
c. Limiting electronic access to our networks, applications and files
d. Using security related hardware and software
e. Implementing personnel safe practice policies and training
f. Monitoring and reviewing our practices periodically
g. Using third parties who meet obligations under the aplicable Privacy Principles.
2. We periodically consider whether we need to retain your Personal Information in order to continue providing our goods and services to you, and may destroy or de-identify your Personal Information, except where we are required by law to retain it.
How can you see the Personal Information that we hold about you?
1. You are entitled to access Personal Information that we hold about you.
2. Access to your Personal Information is subject to our being satisfied that you are the individual we hold Personal Information on or that the person requesting is authorised to make a request on your behalf.
3. If we delay or refuse your request to access some or all of your Personal Information, we will provide you written notice of the reasons for the delay or refusal, such as access would unreasonably impact upon the privacy of others or would not otherwise be permitted under the applicable Privacy Principles.
4. A request for access can be made by Email: to [email protected]
How can you correct your Personal Information?
1. You can update your Personal Information at any time by contacting the relevant us at [email protected] . Otherwise our Privacy Officer will correct your Personal Information. If we find that we have no further need for your Personal Information we will permanently de-identify it or remove it from our system and destroy all record of it. We welcome any changes to your details so as to keep our records up to date.
What can you do if you have a question, problem or complaint about our use of your Personal Information?
If you feel that your privacy has not been respected or that we have conducted ourselves inconsistently with this Privacy Policy or the applicable Privacy Principles in respect of your Personal Information, please contact our Privacy Officer Email to [email protected] or lodge a complaint per our Complaints Process below.
PRIVACY COMPLAINTS PROCESS
Privacy Policy
This process is to be read in conjunction with the Community Tradelink. Privacy Policy as above and words and phrases in this Process have the meanings attributed to them in the Privacy Policy.
Purpose
This policy sets out our approach to resolving complaints from individuals about the way we have dealt with their personal information and outlines what people can expect when they make a complaint.
Management of Privacy Complaints
Privacy complaints are managed by the Privacy Officer. The Privacy Officer will:
· Receive and acknowledge the complaint
· Seek further information from the complainant if necessary
· Thoroughly investigate the complaint
· Respond to the complainant with the outcome of the investigation
· Provide feedback to the relevant internal stakeholders.
PRIVACY COMPLAINTS PROCESS
1. Complaint Receipt
We ask that complaints be made in writing. The Privacy Officer may receive an oral complaint if he considers that making a written complaint would be impracticable or unreasonably onerous for the complainant. In written complaints, complainants should:
· Include sufficient contact details to enable us to identify them
· Clearly and succinctly state the nature of their complaints
· Include sufficient information for the Privacy Officer to understand the complaints
· Provide details such as what happened, when they became aware of it, and who was involved
· State which Privacy Principle they believe has been breached (if known)
· Outline the impact the event has had on them
· Include details of what they would like to see happen to resolve the complaints.
· Complaints can be emailed to [email protected] or posted to: Level 6, 10 Herb Elliott Avenue, Sydney Olympic Park, NSW 2127
· If a complaint is received from someone other than the individual involved, we will only proceed if we have evidence that the person submitting the complaint has authority to do so.
2. Complaint Acknowledgement
The Privacy Officer will acknowledge the complaint within five working days of receiving it.
3. Complaint Investigation
The Privacy Officer will investigate the concerns raised by the complainant. This may involve obtaining further information from the complainant, speaking with the relevant staff members, reviewing relevant documents or client files, and obtaining technical or legal advice. It is anticipated that in most cases, the duration of the investigation will not exceed 20 working days. If the investigation is likely to take longer than 20 days, the Privacy Officer will notify the complainant.
4. Complaint Outcome
The Privacy Officer will inform the complainant in writing as to the outcome of the investigation.
If the complainant remains dissatisfied with the response provided, he or she may wish to contact the Office of the Information Commissioner (The Privacy Commissioner). For more details, see http://www.oaic.gov.au/ or the Privacy Commissioner in your region.
5. Internal Feedback
Where appropriate, the Privacy Officer will provide feedback, including recommendations of process improvements, to the relevant internal stakeholders to ensure continued compliance with the applicable Privacy Principles.
