These terms and conditions ("Terms", "Agreement") are an agreement between the Independent Vets of Australia ("Website Operator", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the independent-vets-of-australia.hivebrite.com website and any of its products or services (collectively, "Website" or "Services").
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and use our Services. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.
We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes.
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Australia.
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to [email protected]
This document was last updated on 29 December 2020.
This privacy policy refers to use of the Independent Vets of Australia's Community Portal website (the "Platform") and any of its products or services.
IVA uses a solution called “Hivebrite”, which enables the import and export of user lists and data, the management of content and events, the organization of emailing campaigns and opportunity research and sharing as well as the management of funds and contributions of any kind.
In this regard, as data controller, the IVA is particularly aware and sensitive with regard to the respect of its Users privacy and personal data protection. The IVA commits to ensure the compliance of the processing it carries out as data controller in accordance with the applicable provisions of the “Loi n°78-17 dated January 6, 1978, relative à l’informatique, aux fichiers et aux libertés” and the EU Regulation EU 2016/679 regarding data protection dated April 27, 2016.
In order to do so, the IVA has put in place an appropriate privacy policy which guarantees an optimal level of protection of its Users’ data.
This privacy policy is intended for the Users of the Platform.
1.1 When subscribing to the Platform
When subscribing to the Platform, the User is informed that the following personal data is collected: Name, Organisation, and (optionally) relevant skills & expertise.
The User commits to only provide accurate and regularly updated data regarding its identity, its content and any information in general. Under no circumstances shall the IVA be liable for any data that is illegal contrary to public order provisions.
In the event the User does not consent to the collection of the above-mentioned date, it shall be informed that it cannot have access to the Platform.
1.2 During the use of the Platform
The User may validly publish, at its own initiative, any content on the Platform which shall be kept by the IVA.
The User commits not to publish any content which contains, including but not limited to, any remarks/images/pictures, contrary to application legislation and regulations, to public order and good morals, or affecting the rights of third parties, including but not limited to:
- Identity fraud of a third person;
- Remarks/publish pictures or images that are violent, defamatory, offensive, malicious, obscene, inciting to discrimination or hatred, racist, xenophobic, anti-Semitic, condoning or approving war crimes, inciting to committing a crime, offense, act of terrorism, or contrary to the security of minors;
- Counterfeiting the intellectual property rights of a third person;
- Commercial canvassing or elements that could be qualified as unfair competition.
In any event, the IVA shall not be liable for the content, accuracy, or up-to-date state of the information freely published by the User.
The User consents that, following the publication of the content, its information will become public on the Platform and that as such, same information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and the IVA.
In most cases, Users are permitted to post contents without previous moderation from the IVA. The IVA does not alter the content or information of the User, except under exceptional circumstances. The IVA reserves its right to freely delete or amend the content or information of the User, without prejudice to the Users.
In the case of delivery of content on the Platform which is contravenes with the present privacy policy, applicable law or the rights of third parties, any person can inform the IVA of the existence of such Content by clicking the "report" button, or sending an email to the following address: [email protected].
The User is informed that the IVA does not collect any particularly sensitive data within the meaning of applicable legislation and regulations.
1.3 Cookie data
The IVA informs the User that Hivebrite, as well as its subcontractors, uses a tracking technology on its terminal such as cookies whenever the User navigates on the Platform.
A cookie is a message that, subject to the User settings, is sent to its terminal when the User navigates on a website. The aim is to collect data regarding the internet navigation of the User to send tailor-made services to its terminal (computer, mobile phone or tablet).
The cookies that are sent to the User’s terminal are detailed under Article 2 of the present privacy policy.
The purpose of the process of the data collected through the cookies and the settings of such processing is detailed under article 9 of the present privacy policy.
THE PURPOSE OF THE DATA PROCESSING
The IVA and its subcontractors collect, process and host personal data that are freely transferred by the User when accessing the services proposed by the Platform.
- Data collected when subscribing to the Platform: provides access to the Platform, creation of a user account, management of requests to access, amend or delete accounts
- Data collected when using the Platform: to send invitations to events or offers from the IVA or its partners if the User has accepted to receive such communications
- Cookies: Add to calendar; Keep active session; The user/admin ID; User first connecion; Identify the user session; Admin ID; User search; Google analytics. Used to improve the quality of the services provided by the Platform. Statistics regarding level of activity on the Platform do not identify the user.
USER’S CONSENT TO THE COLLECTION OF DATA
The IVA informs the User that no personal data within the meaning of applicable legislation and regulations shall be collected without the prior explicit consent of the User.
The User expresses its consent upon its subscription on the Platform, and after having been able to consult the present privacy policy.
The IVA and its subcontractors commit to a lawful and fair collection of the User’s data, in full transparency and in compliance with the rights conferred to the User pursuant to applicable legislation and regulations.
LENGTH OF DATA RETENTION
The IVA informs the User that the data is retained only during the length of the User’s subscription on the Platform.
Following the termination of said subscription, the data collected shall be deleted after a period of two weeks.
In accordance with applicable legislation, cookie data will be automatically deleted thirteen (13) months following their placing on the User’s terminal.
Finally, the data regarding the identification of the Users in case of exercise of their rights pursuant to Article 6 of the present privacy policy shall be retained for (i) one (1) year in case of exercise of their access or rectification rights and (ii) three (3) years in case of exercise of their opposition right.
OBLIGATIONS OF THE IVA
As data controller and in accordance with applicable legislation and regulations, the IVA commits to:
- Only collect the Users’ data for the strict purpose as described under article 2 of the present privacy policy;
- Keep a processing register;
- Put in place all necessary technical and organizational appropriate measures in order to ensure the security, confidentiality, integrity, availability and the resilience of the process systems and services;
- Limit the access to the Users’ data to the persons duly authorized to this effect;
- Increase awareness and train staff members regarding the processing of personal data;
- Guarantee to the Users their rights regarding the access, portability, erasure, rectification and opposition in relation to the collection and processing of their data;
- Notify the competent supervisory authority of any security breach presenting a serious risk regarding the rights and liberties of the Users within 72 hours of the occurrence of such a breach;
- Proceed with the deletion of the Users’ data in the event of an absence of any contact with the IVA for a period of three (3) years;
- Only subcontract the processing of the Users’ data to Hivebrite which, as subcontractor, has put all necessary technical and organizational measures in order to guarantee the security, confidentiality, integrity, availability and resilience of the processing systems and services. For any additional information on Hivebrite, you can consult the webpage available at the following address: www.hivebrite.com.
EXERCISE OF THE USERS’ RIGHTS
The User is duly informed that it disposes at any time, meaning prior to, during or following the processing of data, to a right to access, copy, rectify, oppose, port, limit and delete its data.
The User can exercise its rights by sending an email to the following address [email protected].
In addition, in the event the User considers that its rights have not been respected, the User of which the personal data is collected can file a reclamation before the competent supervisory authority. For any additional information, you can review your rights on the websites of the competent authorities.
The competent supervisory authorities are listed on the following website:
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
HOSTING OF THE USERS’ PERSONAL DATA
The personal data collected by the IVA is hosted by the following service providers:
Microsoft Azure Cloud. Privacy policy: https://www.microsoft.com/en-us/TrustCenter/Privacy/gdpr/default.aspx
AmazonAWS. Privacy policy: https://aws.amazon.com/compliance/gdpr-center/
DATA BREACH
In case of breach of its systems, or theft, deletion, loss, alteration, disclosure, unauthorized access, or any other malicious act, the IVA commits, in the event the said breach presents a serious risk regarding the rights and freedoms of the Users, to notify the Users, within a period of seventy two (72) hours as of the occurrence of the breach, of (i) the nature of the breach, (ii) the probable consequences of the malicious act, (iii) the appropriate measures proposed to remedy the malicious act.
The malicious act presenting a serious risk regarding the rights and freedoms of the Users shall be notified to the competent supervisory authority.
The User is duly informed that the IVA shall not be liable in case of breach of IT security which can cause damages to computer equipment, as well as in case of breach or malicious act by a third party targeting the system or the Platform.
COOKIE MANAGEMENT CONFIGURATION AND OTHER DATA
The User’s consent is requested through a banner at the bottom of the Platform homepage.
In case of consent, the User’s internet navigator shall automatically transmit to the IVA the data collected and detailed under Article 1.2.
The User is informed that the cookies and trackers will be automatically deleted following a period of thirteen (13) months.
The User may at all times configure its navigator in order to prevent the creation of cookie files.
However, certain functionalities of the services proposed by the Platform may not function properly without cookies. In addition, even if most navigators are configured by default and accept the creation of cookie files, the User has the possibility to choose to accept the creation of all cookies other than the functional cookies or to systematically decline them or to choose the cookies it accepts depending on the issuer by configuring the following settings:
Internet Explorer:
Click on the settings menu, followed by “Internet Options”;
Under the “General” tab on the upper-left hand side, scroll down to “Browsing history”;
Check the "Temporary Internet files and website files," "Cookies and website data," "History," and "Download History" boxes;
Click on “Delete”;
Close out of Internet Explorer and reopen it for changes to take effect.
Firefox:
Click on your Tools bar;
Click on “Preferences”;
On the menu to the right, select "Privacy";
Under the “history option”, there is a shortcut titled "clear your recent history", click on that;
Select only the top four options and hit clear now.
Safari:
Click on “Safari” in the top left corner of the finer bar;
Click on “Preferences”;
Click on the “Privacy” tab;
Click on “Manage Website Data”;
Click on “Remove All”;
Click “Remove Now”.
Google Chrome:
Click the Tools menu;
Click on “More tools”;
Clear browsing data;
At the top, choose a time range.
To delete everything, select “All time”;
Next to "Cookies and other site data" and "Cached images and files", check the boxes;
Click on “Clear data”.
PERSONS AUTHORIZED TO ACCESS THE USERS’ DATA
The data of the Users are accessible only to the persons duly authorized to do so by the IVA for administrative or maintenance purposes of the Platform to the exclusion of any commercial use, and if applicable, in order to enforce the rights exercised by the Users regarding their data (in particular the right to access, rectify, oppose, port and to be forgotten).
The IVA informs the User that, outside of hosting services, it uses the following subcontractor:
The Company KIT UNITED for its HIVEBRITE solution, a French société par actions simplifiée with a capital of 284.280,00 Euros, registered with the Paris Companies register under the number 75339171300017, having its registered office at 8, rue de la Grande Chaumière, 75008 – Paris.
We reserve the right to modify this Policy or its policies relating to the IVA or Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the IVA after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Platform or its services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Platform and its services.
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to it, you may send an email to [email protected]
This document was last updated on 29 December 2020.
