In these Membership Terms:
Australian Consumer Law means all laws and regulations made under Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Community means the Linkt Online Panel online community, found at the Website.
Confidential Information means all confidential information and includes (a) information about Bastion Latitude and Transurban or their products and services that is not known to the general public and includes information in any medium (whether oral, written, stored electronically or digitally) provided in connection with the Project; (b) Responses provided in connection with the Project; and (c) any Materials or other information that Bastion Latitude, other Community Members or I share with the Community;
Materials has the meaning given in clause 4.2;
Responses means all content provided by a Member for the purposes of the Project, and includes any statement, document, email, form or notes created in connection with the Project; and all audio, audio visual or photographic recording of images, words, names, information, gestures, sounds or statements of Members recorded in connection with the Project;
Register Now Survey means the application survey and record of personal details submitted by a person applying to be a Member in relation to the Project;
Bastion Latitude means Bastion Insights Pty Ltd t/a Bastion Latitude (ACN 610 294 829);
Member means a person who has been accepted for membership of the Project;
Membership means a Member's membership of the Project;
Membership Terms includes this document and all documents incorporated by reference;
Project means the project named above and established by Bastion Latitude and Transurban to survey the opinions of customers and/or Members for market research purposes;
Transurban means Transurban Limited (ABN 96 098 143 410) and members of the Transurban Group;
Transurban Group means: (a) Transurban International Limited (ACN 121 746 825), Transurban Holdings Limited (ABN 86 098 143 429) and Transurban Holding Trust (ARSN 098 807 419) by its responsible entity Transurban Infrastructure Management Limited (ACN 098 147 678), but only while the securities of those entities remain stapled securities (together the Stapled Entities); (b) each company in which the Stapled Entities, whether individually or collectively, own (directly or indirectly) 50% or more of the voting shares; and/or (c) each company which is for the purposes of section 50AA of the Corporations Act 2001 (Cth) under the "control" of the Stapled Entities, whether individually or collectively. The Supplier and Company agree that the entities that make up the Transurban Group will change from time to time such that entities which were not previously part of the Transurban Group as at the date of these Terms may at a later date become part of the Transurban Group. For the avoidance of doubt, as at the Commencement Date, the Company forms part of the Transurban Group; and
Website means the Project website located at www.linktpanel.com.au
2.1 To become and to remain a Member, you must:
be 18 years of age or over;
live in Australia;
apply to become a Member by completing and submitting to Bastion Latitude the Register Now Survey;
have an active, permanent and operational email address to communicate with Bastion Latitude for the purposes of the Project;
be accepted as a Member by Bastion Latitude;
provide at least one response each calendar quarter;
regularly participate in any surveys or discussions in which you are invited to take part, not including the Register Now Survey; and
comply with these Membership Terms.
2.2 Membership numbers are limited. Bastion Latitude may accept or reject a Membership application in its absolute discretion at any time and without giving reasons. If your application for Membership is unsuccessful or if your Membership is revoked, you may reapply for Membership at any time. Membership is personal to you and cannot be transferred to another person.
2.3 You may cancel your Membership by sending an email to email@example.com and inserting the words "Request Removal" in the subject line.
2.4 By becoming a Member, you consent to receiving emails from Bastion Latitude in connection with the Project, including emails inviting you to participate in research related to the Project.
2.5 Bastion Latitude or Transurban may provide you with Confidential Information. You agree not to disclose or use any of Bastion Latitude’s or Transurban’s Confidential Information in any way other than as necessary to participate in the Project. You may only disclose Responses for the purposes of the Project.
2.6 You agree that your participation in the Project is voluntary and that, other than an opportunity to participate in Project-related promotions run by Bastion Latitude, you will not receive remuneration or reward from Bastion Latitude for your participation in the Project.
2.7 You must not make any false, misleading or fraudulent statement or become involved in any conduct or activity which may cause loss, damage or diminish the reputation of you, Bastion Latitude or its products or Transurban.
3.1 Bastion Latitude may, at its absolute discretion, suspend or terminate with immediate effect: (a) all or any part of the Project; or (b) your Membership, immediately by giving you notice for any reason (including if you breach the ongoing requirements of these Membership Terms).
4.1 I understand that in order to receive my incentives, the full details of which are described on the Website here I must continue to participate in the Community’s activities at least once every 6 months, as invited.
4.2 I agree that any information, comments, photos or images (together “Materials”) I post in the Community are part of an online community for market research for the Community only..
4.3 I agree that Bastion Latitude may (at no charge) duplicate, alter, adapt and utilise the Materials to provide such information to Transurban.
4.4 I agree that Bastion Latitude may review, edit or delete Materials you or others post in the Community, but are not obligated to do so.
4.5 I agree that by being part of the Community I may receive communications (via email, phone or post) from Bastion Latitude in connection with the Community.
4.6 Unless specifically told otherwise, I agree to keep confidential all information that Bastion Latitude, other Community Members and I share with the Community.
4.7 I agree not to copy or download any Materials posted by others in the Community, including Bastion Latitude and Transurban.
4.8 I agree not share or show any Materials posted by others in the Community on social media, print media, in person, in emails or any via other medium.
4.9 I agree not to use behaviour that does not support a safe and comfortable environment for all Members of the Community, or to engage in any commercial activity.
4.10 I agree not to submit any Materials:
that are in any way harmful (including due to any virus, worm or trojan horse), threatening, libellous, scandalous, inflammatory, obscene, offensive, defamatory, pornographic, indecent, profane, racist, or that could constitute or encourage a violation of any law; or
that are fraudulent (including submitting Material that is or contains the original work of another person).
4.11 I acknowledge that I will be liable to the extent permitted by law for any claims made in relation to Materials I post to the Community and indemnify Bastion Latitude in relation to any such claims (including in relation to intellectual property, privacy and confidentiality rights).
4.12 I understand that Bastion Latitude does not endorse the information posted in the Community.
4.13 To the extent permitted by law, my Membership in and access to the Community is strictly at the discretion of Bastion Latitude and may be revoked at any time without cause and without notice.
4.14 Bastion Latitude may change these terms & conditions from time to time. If this happens, Bastion Latitude will post the changed terms & conditions on the Community Website, together with a notice on the homepage to notify me that the terms & conditions have changed. I acknowledge that my continued use of the Community Website following a change to the terms & conditions will be treated, to the extent permitted by law, as acceptance of that change.
5.1 Except for the statutory guarantees set out in the Australian Consumer Law, Bastion Latitude and Transurban exclude all warranties and disclaims all representations in relation to any goods or services provided to you by Bastion Latitude or its agents in connection with the Project. The information provided in connection with the Project including on the Website may include occasional and inadvertent errors and is provided "as is" and "as available".
5.2 Neither Bastion Latitude nor Transurban will not be liable for any loss, damage or injury suffered or sustained as a result of any person becoming a Member or participating in the Project, except for any liability which cannot be excluded by law.
6. Your Privacy and Responses
6.1 Bastion Latitude will use the information you provide to run and manage the Community. Your information may be disclosed to people within the Bastion Latitude group of companies and to our marketing agencies and contractors for this purpose. If you do not provide your personal information you will not be able to participate in the Community. If you have any questions about privacy or to access your personal information, please email at firstname.lastname@example.org.
6.3 By participating in the Project, you assign to Bastion Latitude all rights, title and interest in your Responses upon creation and you consent to Bastion Latitude, and each of its successors and assigns, and anyone authorised by any of them, using your Responses in anyway.
6.4 You warrant that each Response is your original work and that you must not breach any third party rights in communicating a Response to Bastion Latitude. You warrant that your Response is accurate and reliable.
6.5 You will provide Bastion Latitude with any consent or other permission that Bastion Latitude requires to use your Response as set out in these Membership Terms. Bastion Latitude is not required to pay any fee to use any Responses, no matter how that Response is used, except as otherwise set out in this agreement.
7.1 Bastion Latitude owns or licenses all copyright and other intellectual property rights in and on the Website (including all layouts, applets, text and graphic images in this site). You may access and display the Website's pages on a computer or a monitor, and print out for your personal use any whole page or pages in the Website. All other use, copying or reproduction of any part of the Website is prohibited (save to the extent permitted by law). You must not reproduce on any other internet site, nor redistribute or sell any content or part of the Website nor reverse engineer, disassemble, or otherwise convert it to any other form that people can use. You must not link the Website to another Website in any way.
7.2 You agree that any "Project" and "Bastion Latitude" logos are trade marks of the Bastion Latitude group of companies. All rights in those trademarks are reserved by the Bastion Latitude group of companies. Any other trademark appearing on the Website is the property of its respective owner.
8.1 These Membership Terms may be changed or varied at any time by providing you with notice and with immediate effect by Bastion Latitude in its absolute discretion. Should you not agree to any variations, then you may cancel your Membership at any time.
8.2 Bastion Latitude may use an agent or contractor to carry out all or part of the Project in its absolute discretion.
8.3 These Membership Terms are governed by the laws of Victoria, Australia.
8.4 You are not, by virtue of your participation in the Project, an employee or contractor of Bastion Latitude or any of Bastion Latitude’s related entities, agents or contractors. The relationship between you and Bastion Latitude is that you are a voluntary participant in the Project and that you will comply with these Terms of Membership.
Bastion Latitude is committed to protecting the privacy of your personal information. We manage your personal information in an open and transparent way.
Bastion Latitude will only use your personal information when it is necessary for us to undertake our services or perform other necessary business functions and activities.
Bastion Latitude will not use or disclose your personal information for purposes unrelated to our services or business, unless we first obtain your consent.
‘We’, ‘us’, ‘our’ and ‘Bastion Latitude’ refers to (and this policy applies to) Bastion Insights Pty Ltd (ABN 27 610 294 829) trading as Bastion Latitude.
The Privacy Officer
14-18 Cremorne Street
Richmond Vic 3121
If you would like Bastion Latitude to send you a hard copy of this policy, please contact us and we will do so.
Bastion Latitude is bound by the requirements of these laws, which regulates how we may collect, use, disclose and store personal information. These laws also specify how individuals may access and correct personal information held about them.
‘Personal Information’ means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. For example, these types of information could include your name, contact details, age, image and health information.
We collect personal information from clients, employees and suppliers (including prospective ones), employee referees and next of kin, our network, associations and partners with whom we collaborate, the public at large and regulators.
We will only collect personal information about you by lawful and fair means, and not in an unreasonably intrusive manner.
It is our usual practice to collect personal information directly from you when you:
We may also collect personal information about you from a third party or a publicly available source (including social media), but only if you have consented to such collection, or would reasonably expect us to collect your personal information in this way, for instance job applicants and employees provide referee and next of kin details to us, clients might provide us with trade references.
Where we can, we will allow you to deal with us anonymously or by using a pseudonym. However, in some circumstances, this may not be possible, and we may need to collect personal information from you to provide you with a delivery or other service. In some cases, if you do not provide the required personal information we will not be able to provide you with a service.
If we receive information about you from a third party and it is not information we need in respect of our business activities, we will destroy or de-identify that information (provided it is lawful to do so).
Any personal information that you provide via our websites or directly is collected and managed by Bastion Latitude.
The types of personal information Bastion Latitude may collect includes your:
Whilst you may opt not to provide us with your personal information, you should be aware that without this personal information, we may not be able to do business with you, employ you, seek your input or feedback, provide you with some of the services and/or products you are seeking.
If you provide us with information about any third party, you must obtain that person’s permission to give us the information and inform them that you have given the information to us.
We use your personal information for a variety of reasons including to:
In the course of conducting our business we may disclose your personal information.
We only disclose personal information for the purposes for which it was given to us, or for purposes which are directly related to one of our functions or activities. We do not give it to anyone else unless one of the following applies:
If we engage third party agents or contractors, we will take all reasonable steps to ensure that they do not breach privacy requirements in relation to the information, before we share your personal information with them.
We may disclose your personal information to:
In all circumstances where your personal information is disclosed, we will take all steps reasonable to ensure that these third parties undertake to protect your privacy.
We are committed to compliance with all laws and requirements relating to the use of your personal information. We will only use or disclose your personal information for direct marketing purposes if you have provided your information for that purpose (and you would expect us to use the information for that purpose), or if you have provided consent for your information to be used in this way.
From time to time, we may contact you with information about opportunities, products and services offered by us, our related entities, our clients and our business partners, which we think may be of interest to you. When we contact you it may be by mail, telephone, email, SMS/text message or social media message.
Where we use or disclose your personal information for the purpose of direct marketing, we will:
Bastion Latitude will only ever contact you if you have consented to this, and you can ask to be removed from our marketing lists at any time by contacting us directly.
If you do not wish to be contacted by Bastion Latitude please e-mail us at email@example.com
Your personal information may be disclosed to our related entities, clients, business partners and service providers in Australia and overseas.
The countries this information may be disclosed to will vary from time to time, but may include Australia, the United States of America, the European Economic Area.
Sometimes we use third party platforms and services, including cloud services, to store, backup and process data (including financial data), provide support, account manage, send marketing messages, facilitate our services, customer relationship management. These services are hosted and managed by organisations other than ourselves, and some of these services are hosted overseas. We use products and services maintained in Australia, the United States of America and European Economic Area.
Your personal information may be stored in a secure and encrypted form overseas (e.g. in data storage and cloud computing facilities operated by us (or by third parties on our behalf).
We will not use Government Identifiers, such as a driver's licence number as its own identifier of individuals.
We will take all reasonable steps to ensure that your personal information is stored securely and is protected from misuse and loss and from unauthorised access, modification or disclosure.
The personal information that we collect about you is stored on our internal and third-party database servers & filing systems managed by us in Australia.
Our websites are professionally hosted and operate in a secure environment. You should however be aware that there is always an inherent risk in transmitting your personal information via the Internet.
To make sure you are accessing a secure server, check for the unbroken key or closed lock symbol located generally near a corner of your browser window or the address bar. If it appears, then SSL is active. You can double check this by looking at the URL as well. If SSL is active, then the first characters of that line will read ‘https’ rather than just ‘http’. It is important for you to protect against unauthorised access to your password and to your computer.
Ensure you logout when you have finished visiting our websites especially if you accessed them from a shared computer.
Cookies are pieces of information that a website transfers to your computer for record-keeping purposes. The information collected may be used by us to improve your experience on our website.
If you visit an area of the website where you are not required to log on, to read, browse or download information, our system will record the date and time of your visit to our site, the pages viewed and any information downloaded.
Our websites use Google Analytics Services, for more information about cookies used, see Google Cookies Policy.
Whilst links to third party websites may be provided on our website, we are not responsible for the content or practices of these third party websites.
These links are provided for your convenience and do not represent our endorsement of any linked third party website. We recommend that you check the privacy policies of these third parties prior to providing them with your personal information.
No links may be made to this website without our prior written consent.
You can request access to the personal information we hold about you at any time, and we will provide you with that information unless we are prevented by law from giving it to you.
If we are unable to give you access to the information you have requested, we will give you reasons for this decision when we respond to your request.
You will not be charged for accessing your information, although we might have to charge the reasonable cost of processing your request, including photocopying, administration and postage. We will advise you of any fee payable before we process your request.
If you believe that your personal information is not accurate, complete or up to date or you have any other privacy concerns then please contact us (refer to details above)
If you consider your privacy concerns have not been resolved satisfactorily by us, or you wish to obtain more information on privacy requirements, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or visit their website at www.oaic.gov.au.