weazel

The Weazel mobile application and website (Platform) is operated by WEAZEL HOLDINGS PTY LTD ABN 92 623 452 308, or its successors and assignees (we, our or us). It is available at: www.weazel.live and you can find and download the mobile application on the Apple App Store and on Google Play.

In these app terms and conditions, we use the word “Platform” to refer to our mobile application and the website regardless of how you access and use it.

 

Accepting these Terms and some basic rules

 

a) By downloading, accessing and/or using our Platform, you, the person using our Platform (referred to as you or a User) (1) warrant to us that you have reviewed these terms and conditions, including our Privacy Policy and Website Terms of Use (available on the Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age) and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (3) agree to use the Platform in accordance with these Terms.;

 

b) If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

 

c) If you access or download our mobile application from (i) the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the Apple App Store Terms of Service or (ii) from the Google Play Store, the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application if you download the mobile application from Google Play.

 

d) We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

 

e) Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

 

Collection notice

 

a) We collect personal information about you in order to enable you to access and use the Platform, to connect you with other Users, to contact and communicate with you generally (for example, to help you if you have any questions) and for other purposes set out in our Privacy Policy.

 

b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

 

c) We take your privacy seriously and if you are interested in information on how we protect your personal information, please refer to our Privacy Policy. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 

d) Please note that by providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

 

e) Sharing of information: When using the Platform and creating an Account your personal information and any User Content (defined below) your stream may be shared with other Users. If you make your profile and streams public then you consent to this sharing of any of your personal information.

 

Registering, creating an account and profiles

 

a) In order to use the Platform, you will need to create an account with us (Account). You can create an Account on the Platform by either (i) using your email address and creating a password (Manual Registration) or (ii) setting up an Account by using your Facebook login.  

 

b) If you use your Facebook login to create an Account, you give us permission to access certain information on your Facebook account including but not limited to your profile photo and email address (to help you set up your profile). You can customise what information we receive about you from Facebook by accessing your Facebook account settings.

 

c) When you set up an Account manually, you must provide us with basic information, including your name, email address and location. You must keep this information up-to-date. You agree that all information that you submit, or that you give us, when creating an Account either through Manual Registration or by linking your Facebook account is accurate and truthful.

 

d) Once you have registered an Account, your account information will be used to create a profile which you may then curate and customise (Profile). Your Profile is personal and you must not transfer it to others.

 

e) It is your responsibility to keep your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions.

 

f) You will immediately notify us of any unauthorised use of your Account.

 

g) At our sole discretion, we may refuse to allow any person to register or create an Account.

 

Use of the platform

 

a) It is free to register an Account and create a Profile on the Platform.

 

b) As a User, you are able to access and use a basic version of the Platform without payment (Fremium Version).

 

 c) Some functionality and features of the Platform (Premium Service) may only be made available to Users in consideration for the payment of a subscription fee. This may include the ability to purchase products, services and enhancements, such as being able to connect with a greater number of individuals or groups than available on the Fremium Version, or to purchase a greater variety of icons (In-App Purchases).

 

d) We may offer free trials of our services at any point. The following terms apply to any free trials we offer to you:

 

e) The free trial period of your membership lasts for a period specified during the account registration process. Any free trial period we offer is intended to allow you to experience our Platform.

 

f) We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account in the event that we determine that you are not eligible.

 

g) We will notify you at the end of any free trial period to upgrade your account if you would like to continue using the majority of functions on the Platform. You may choose to continue using the Platform on a free basis but we will only provide you with limited functionality.

 

h) If you upgrade to the Premium Service or you make any In-App Purchases, then payments for these items can be made via (i) PayPal, (ii) the Apple App Store, (iii) Google Play Store, (iv) credit card or (v) Braintree (collectively referred to as your Payment Method). Once you request an In-App Purchase or the Premium Services, you authorise us to charge the Payment Method that you have selected and you acknowledge and agree that your payment is non-refundable, subject to our refunds and cancellation policy clause found below. If we do not receive payment from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us. If you would like to cancel or change your Payment Method, you can do so by changing your payment settings under the settings tab on the Platform.

 

i) The subscription fee for the Premium Services and any other charges applicable to the use of the Platform, such as any applicable taxes, will be charged on a recurring basis depending on the billing cycle period chosen for your selected Payment Method on the calendar day corresponding to when you registered for an Account, until you decide to cancel your subscription. In some cases your payment date may change, for example if payment is unable to be processed or if your subscription began on a day not contained in a given month. You agree and acknowledge that you must have sufficient funds in your selected payment account in order to pay the subscription fee. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.

 

j) As listed above, we offer a number of Payment Methods to pay for Premium Services and In-App Purchases. The Payment Method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor or financial institution; please review these terms and conditions before using your selected Payment Method.

 

Venues

 

a) We may provide you with cameras (Hardware) to allow you to use the Platform and stream User Content (defined below) from your venue. We will lease you the Hardware as agreed between us to allow you to use the Platform from the date of installation until the date your Account is terminated in accordance with these Terms (Hire Period).

 

b) We own the Hardware and you take the Hardware as bailee only.

 

c) We may use a third party manufacturer to manufacture and supply the Hardware (Manufacturer).
 

d) During the Hire Period, despite any provision to the contrary, to the maximum extent permitted by law, you acknowledge and agree:\

 

           1) to ensure that you have any necessary permissions or consent to install and use the Hardware and to the fullest extent possible do not allow anyone to                                interfere or otherwise tamper with the functioning of the Hardware;

           2) where applicable you protect and maintain the Hardware and keep it in good order and condition;

           3) that you are responsible for any loss, cost, theft, damage, vandalism or destruction of or to the Hardware; and

           4) that no such loss, cost, theft, damage or destruction of or to the Hardware will impair or frustrate any of your obligations under these Terms.

 

e) You must ensure you have consent under all applicable laws including privacy, workplace health and safety and workplace surveillance laws as applicable when streaming from your venue to the Platform.

 

f) You must ensure you have adequate and appropriate signage in your venue to comply with these laws. We accept no liability for any breach any person's privacy or other laws through your use of the Platform.

 

g) Upon termination of these Terms or cancellation of your Account, we retain the right to collect the Hardware from you at your cost.

 

Licence to use our platform

 

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

 

Prohibited conduct

 

We want our Users to be able to connect and communicate freely on the Platform, however we need to impose certain limits to ensure everyone’s enjoyment and use of the Platform. To this end, you must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

 

a) anything that would constitute a breach of another individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

 

b) posting content that contains any language or any imagery which could be deemed offensive or is likely to harass, upset, embarrass or annoy another person;

 

c) posting content that is obscene, violent or pornographic;

 

d) posting content that is abusive, threatening, discriminatory or which promotes or encourages racism, sexism or hatred;

 

e) using our Platform to defame, harass, threaten, menace or offend any person;

 

f) interfering with any other User using our Platform;

 

g) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

 

h) anything that might violate any local, state, national or other law or regulation or any order of a court;

 

i) posting any content that encourages any illegal activity including, without limitation, terrorism or inciting racial hatred;

 

j) using our Platform to send spam in breach of Spam Act 2003 (Cth) rules on sending commercial electronic messages;

 

k) posting any content or sending any messages that relate to your commercial activities (or another person’s commercial activities), including but not limited to sales and selling, competitions or other offers, commercial links or advertising; or

 

l) facilitating or assisting a third party to do any of the above acts.

 

Reporting

 

a) You may report any user using the ‘Report’ function on the Platform for carrying out any activities described above as Prohibited Conduct or otherwise where you feel it is necessary to report that user. 

 

b) Where you are reported we may issue you with a warning about your reported conduct. We may at our absolute discretion terminate your account in accordance with the termination clause below and/or report you to the appropriate authorities, including the police, if required.  

 

Exclusion of competitors and no commercial use

 

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

 

Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.

 

Information

 

The Content is not comprehensive and is for general information purposes only.  It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

 

Intellectual property rights

 

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

 

           a) copy or use, in whole or in part, any Content;

           b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

           c) breach any intellectual property rights connected with our Platform, including (without limitation) by:

           d) altering or modifying any of the Content;

           e) sing any of the Content to be framed or embedded in another website; or

           f) creating derivative works from the Content

 

Streaming, user content, third party sites and discontinuance

 

a) You may be permitted to stream, post, upload, publish, submit or transmit relevant information and content (User Content) on our Platform.  By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, communicate, publicly display, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform, for the purpose of providing our services and/or advertising our services.

 

b)You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that

 

c) You are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

 

 d) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

e) We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content, including upon the request of a User on the Platform. We reserve the right, but we have no obligation, to monitor the information or material you submit to the Platform or post in the public areas of the Platform.

 

d) You may not display any personal contact or banking information on your Profile whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other Users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

 

e) You may be permitted to stream User Content in private mode. If you do not choose this option, your User Content will be visible to other users of the Platform worldwide and instantly – so please ensure that you feel comfortable sharing your User Content before you make it available publicly and post it. You agree that your User Content may be viewed by any other User and any person visiting the Platform or who is sent a link to the Platform (for example, Users may send links to another User’s Profiles or share User Content). You must also ensure that you have any necessary permissions, consents and authorisations required to stream any User Content on the Platform. This includes asking your friends for permission before live streaming them.

 

f) You do not have any rights in relation to other Users’ content, and you may only use other Users’ personal information to the extent that your use of it matches the Platform’s purpose of allowing people to meet one another. You may not use other Users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other Users’ information.

 

g) Third party sites: Our Platform may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites. 

 

h) Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

Your location and receiving push notifications

 

a) The Platform gives you the opportunity to connect with other Users based on your location and checking in to a venue. To make these opportunities available to you, the Platform will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or you do not authorise the Platform to access your location data, then you will not be able to connect with other Users using the Platform. The Platform must be able to locate you, at least while using the Platform, to confirm that you are in the venue that you say you are in and to help you check in to a venue to be able to connect with other Users. For more about how the Platform uses and retains your information, please read the Privacy Policy.

 

b) We may send you emails, text messages, push notifications, alerts and other messages related to the Platform, such as enhancements and offers. After downloading the mobile application, you will be asked to accept or deny push notifications/alerts. If you deny the request, you will not receive any push notifications/alerts. If you accept the request, then push notifications/alerts will be automatically sent to you. If you wish to change your settings and you no longer wish to receive push notifications/alerts from the Platform, you may change your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails and text messages, you can unsubscribe or opt out by either following the specific instructions included in these communications, or you can email us using the email address found at the bottom of these Terms.

 

Consumer guarantees
 

c) Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).

 

d) Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

 

Notice regarding Apple

 

a) To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

 

b) Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.

 

c) If our Platform fails to conform to any applicable warranty, you may notify Apple and Apple will refund the price you paid to download the Platform to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

 

d) Apple is not responsible for addressing any claims by you or any third party relating to our Platform or your use of our Platform, including but not limited to:

           1) product liability claims;

           2) any claim that our Platform fails to conform to any applicable legal or regulatory requirement; and

           3) claims arising under consumer protection or similar legislation.

 

e) Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our Platform infringes that third party’s intellectual property rights.

 

f) You agree to comply with any applicable third-party terms when using our Platform.

 

g) Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

 

h) You hereby represent and warrant that:

 

          1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting"                   country; and

           2) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Warranties, disclaimers and indemnity

 

To the extent permitted by law, we make no representations or warranties about our Platform, the Content or any Users on the Platform including (without limitation) that:

 

a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

 

b) access will be uninterrupted, error-free and free from viruses;

 

c) any defects or errors will be corrected; and

 

d) our Platform will be secure.

 

You read, use, and act on our Platform and the Content at your own risk.
 

We are not responsible for the conduct of any User on or off the Services. You are solely responsible for your interactions with other Users. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the Platform or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. We do not conduct criminal background checks on Users.

 

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

 

a) our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to $100; and

 

b) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

 

c) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

 

           1) Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising                  from or in connection with any: 

           2) event or circumstance beyond our reasonable control;

           3) acts or omissions of you or your personnel;

           4) any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of,                     interruption or outage with respect to the Platform;

           5) use of the Platform and/or Content;

           6) interaction you have with other Users whether in person or online;

           7) content streamed on the Platform including prohibited conduct;

           8) breach of these Terms or any laws (specifically privacy, workplace health and safety and workplace surveillance laws if applicable);

           9) breach of any person's privacy when using the Platform,

           10) any injury or loss to any person;

           11) Content which is incorrect, incomplete or out-of-date; or

           12) breach of these Terms or any law.

 

d) You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

 

e)This clause will survive the termination or expiry of these Terms.

 

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

 

Termination

 

a) You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform.

 

b) We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.

 

c) At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) we believe you are in breach of these Terms, any applicable laws, regulations or third party rights or (ii) we have received complaints about you or your conduct on the Platform including through the reporting function.

 

Disputes in relation to these Terms

 

To resolve a complaint regarding the Platform, please contact us using the email address at the bottom of these Terms.

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

 

Assignment

 

You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected. 

 

Severance

 

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

 

Jurisdiction

 

Your use of our Platform and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas.  We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

 

For any questions and notices, please contact us at:

WEAZEL HOLDINGS PTY LTD ABN 92 623 452 308

Email: info@weazel.live

Last update: 16 August 2018

© LegalVision ILP Pty Ltd 

 

 

 

 

 

 

 

 

 

 

 

 

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our website and mobile application (Site). In this Privacy Policy we, us or our means WEAZEL HOLDINGS PTY LTD – ABN 92 623 452 308.

Personal information

The types of personal information we may collect about you include:

–    your name;

–    images of you;

–    videos of you;

–    your contact details, including email address, mailing address, street address and/or telephone number;

–    your gender;

–    your age and/or date of birth;

–    your credit card or payment details;

–    your demographic information, such as postcode;

–    your preferences and/or opinions;

–    information you provide to us through customer surveys;

–    details of products and services we have provided to you and/or that you have enquired about, and our response to you;

–    your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;

–    information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;

–    additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and

–    any other personal information requested by us and/or provided by you or a third party.

We may collect these types of personal information directly from you or from third parties.

Sharing of information: When using the Site and creating an account your personal information and any content you stream may be shared with other users. If you make your profile and streams public then you consent to this sharing of any of your personal information.

Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

–    to enable you to access and use our Site, associated applications and associated social media platforms;

–    to contact and communicate with you;

–    for internal record keeping,  administrative purposes, invoicing and billing purposes;

–    for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;

–    to run competitions and/or offer additional benefits to you;

–    for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;

–    to comply with our legal obligations and resolve any disputes that we may have; and

–    to consider your employment application.

Disclosure of personal information to third parties

We may disclose personal information to:

–    third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;

–    our employees, contractors and/or related entities;

–    our existing or potential agents or business partners;

–    sponsors or promoters of any competition we run;

–    anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;

–    credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;

–    courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;

–    third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and

–    third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.

By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.

How we treat personal information that is also sensitive information

Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.

Where you provide us with sensitive information including using the Site to stream any sensitive information, or we collect sensitive information about you, either directly or indirectly, provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected, including:

–    providing services for a purpose that is directly related to the primary purpose for which the sensitive information was collected; and/or

–    data analytics purposes.

Sensitive information may also be used or disclosed if required or authorised by law.

Your rights and controlling your personal information

Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Anonymity: Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.

Restrict: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you.  An administrative fee may be payable for the provision of such information.  In certain circumstances, as set out in the Privacy Act 1988 (Cth), we may refuse to provide you with personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

Complaints: If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact our Privacy Officer at:

WEAZEL HOLDINGS PTY LTD ABN 92 623 452 308

Email: info@weazel.live

Last update: 16 August 2018

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