Terms and Privacy

Terms of Use (“Terms”)

Last updated: September 6, 2016

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://www.betterteam.com website (the “Website”) and services (the “Service”) operated by Betterteam Pty Ltd, an Australian company (“Betterteam,” “us,” “we,” or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, customers, and others who access or use the Service. You (“Customer”) warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access or use the Service.

The Website and Services

Betterteam will provide the Customer with the services described on the Website, which allow the Customer to initiate and manage its hiring process (collectively, the “Services”). The Services include, without limitation, the following features:

  • The ability to create “Jobs,” or “Job Posts”. These are descriptions of an employment or contractor role that the Customer is looking to fill, with a limited number of Job Posts in accordance with the corresponding Subscription (as such term is defined below) selected by the Customer.

  • The ability to upload Customer’s business or organization’s information and Job Posts.

  • The ability to publish and export Job Posts to various job boards and social media services where potential “Candidates” or persons seeking employment can view them and choose to apply for those jobs via Betterteam.

  • The ability to view information about the Candidates who apply for the Customer’s Jobs. This information may include, but is not limited to, a summary of the Candidate’s academic background, work experience, technical or product skills, and employment history.

  • The ability to rate, categorize, and communicate with Candidates while managing the Customer’s hiring process.

  • Any other features and functionalities provided by Betterteam to the Customer.

Betterteam’s obligations are limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall, establish any partnership or joint venture between the Customer and Betterteam.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion and payment of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services, including, without limitation, the quality, suitability, honesty, truthfulness, any other characteristics of, or any actions or statements made by, any  Candidate. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service, including, without limitation, considering and/or hiring any Candidate through the Service.

Availability, Errors and Inaccuracies

We are constantly updating our products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, Candidate information, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). After an agreed Free Trial period expires, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you affirmatively cancel it or Betterteam cancels it. You may cancel your Subscription renewal by contacting Betterteam customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Betterteam with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Betterteam to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Betterteam will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.  If such payment it not made then your access to the Service may be interrupted or cancelled, in each case with no obligation or liability to Betterteam.

Free Trial

Access to the Website and the Services may be granted to the Customer on a trial or ‘free’ basis (“Free Trial”) for a period of seven (7) days.

This Free Trial access is solely for the purpose of providing the Customer a preview of the functionality, features, and possible benefits of the Services. You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Betterteam until the Free Trial has expired.

On the last day of the Free Trial period, unless you have cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Betterteam reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer, in each case without any liability of obligation to Betterteam.

Fee Changes

Betterteam, in its sole and absolute discretion (“Discretion”) and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.  Betterteam will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.  Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Betterteam on a case-by-case basis and granted in Betterteam’s Discretion.

Content

Our Service allows you to input, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users such as our Customers and Candidates of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the rights of any person, including, without limitation, privacy rights, publicity rights, copyrights, contract rights or any other intellectual property rights. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy (in each case, as determined in Betterteam’s Discretion); (iii) the Content will not be unsolicited, undisclosed or unauthorized advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute (as determined in Betterteam’s Discretion).

You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.

We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time and for any reason, without any liability or obligation whatsoever.

You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username or login ID the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene (as determined in Betterteam’s Discretion).

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Betterteam and its licensors.

The Service is protected by copyright, trademark, and other laws of both the United States, Australia and other countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Betterteam. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

You are permitted to use the Service only as authorized by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.

Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute (as determined in Betterteam’s Discretion).

You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users or Candidates (collectively, “Third Party Actions”) are those of the respective authors or distributors and not of us.  We shall have no obligation or liability with respect to any Third Party Actions.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Betterteam.

Betterteam has no control over, and assumes no responsibility for goods, services, content, privacy policies, actions or practices of any third party sites or services. You further acknowledge and agree that Betterteam shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever (or for no reason at all), including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on or through the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

As a condition of your access to and use of the Service, you agree to indemnify us and our parent (if applicable), subsidiaries and affiliates, and our and their respective directors, officers, stockholders, employees, consultants, licensors, attorneys, successors, assigns, agents and other representatives (collectively, the “Betterteam Parties”) for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

You agree that the Betterteam Parties shall not be liable for any damages suffered as a result of accessing or using the Service, including, without limitation, copying, distributing, or downloading Content from the Service.

Except to the extent required by applicable law, in no event shall the Betterteam Parties we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Australian Competition and Consumer Act 2010 (Cth) or any similar law including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person without our written consent.

Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

Except where inapplicable or prohibited by law (including, without limitation, the State of New Jersey):

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Betterteam Parties do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure or alleged failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behavior, negligence or any other cause of action.

The Betterteam Parties make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.  We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. The Betterteam Parties are not liable for the consequences of any interruptions or error in the Service.

Exclusions

Some jurisdictions (including, without limitation, the State of New Jersey) do not allow the disclaimer or exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court or arbitrator, you and Betterteam nevertheless agree that such court or arbitrator should endeavor to give effect to the parties' intentions as reflected in the provision and that the other provisions of the Terms shall remain in full force and effect.  These Terms (together with our Privacy Policy) constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE OR SUBSCRIPTION YOU MAKE VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THIS WEBSITE, THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL BINDING ARBITRATION.  YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AGAINST THE BETTERTEAM PARTIES, INCLUDING THE RIGHT TO A TRIAL BY JURY, AND RIGHTS AVAILABLE IN A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.  ARBITRATION IS A FORM OF PRIVATE DISPUTE RESOLUTION IN WHICH PARTIES TO A CONTRACT AGREE TO SUBMIT THEIR DISPUTES AND POTENTIAL DISPUTES TO A NEUTRAL THIRD PERSON (CALLED AN ARBITRATOR) FOR A BINDING DECISION, INSTEAD OF HAVING SUCH DISPUTE DECIDED IN A LAWSUIT, IN COURT, BY A JUDGE OR JURY TRIAL.

YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, the Betterteam Parties, and/or any involved third party relating to your account, you use of the Service, your relationship with Betterteam Parties, or these Terms. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by Betterteam Parties or any third party related to your use or attempted use of the products or services. You, the Betterteam Parties, or any involved third party may pursue a Claim.  The Betterteam Parties agree to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against Betterteam Parties. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the United States Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Exceptions to Binding Arbitration. As an exception to binding arbitration, you and the Betterteam Parties both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. Betterteam Parties will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.  

Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against any of the Betterteam Parties, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by certified mail or an internationally-recognized courier to Level 40, 2-26 Park Street, Sydney, NSW 2000, Australia; Attn: General Counsel. You agree to negotiate with the Betterteam Parties in good faith about your problem or dispute. If your problem or dispute is not resolved to your satisfaction within 60 days after the Betterteam Parties’ receipt of your written dispute, you agree to the dispute resolution provisions below.

Commencement of Arbitration. Except where otherwise prohibited by law (including, without limitation, the State of New Jersey), you and the Betterteam Parties agree to commence any arbitration proceeding within one (1) year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after (one) 1 year shall be barred.

Arbitration Location. For your convenience, the arbitration may be conducted in the jurisdiction where you reside. It may be held by telephone or through written submissions if both you and Betterteam Parties agree.

Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or the Betterteam Parties.

Arbitration Fees. The Betterteam Parties shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. However, if Betterteam or any of the Betterteam Parties are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to such parties.

Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with these Terms and applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.

Enforceability. This provision survives termination of your account or relationship with Betterteam, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE INITIAL DATE OF YOUR USE OR ATTEMPTED USE OF THE SERVICES (WHICHEVER COMES FIRST) BY WRITING TO BETTER TEAM, LEVEL 40, 2-26 PARK STREET, SYDNEY, NSW 2000, AUSTRALIA; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY BETTERTEAM PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF SUCH BETTERTEAM PRODUCT OR SERVICE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.

Exclusive Venue for Other Controversies

Any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

Privacy

In addition to these Terms, your use of our Website, and any products or services made available through our Website is subject to our Privacy Policy, which is incorporated herein by reference.

Copyright Policy

It is Betterteam’ policy to respect the copyright and intellectual property rights of others. Betterteam may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Betterteam may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Betterteam complies with the U.S. Digital Millennium Copyright Act.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Betterteam’ Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

  2. A description of the copyrighted work that you claim has been infringed.

  3. A description of where the material that you claim is infringing is located on the Website.  You should identify the material with information reasonably sufficient to allow Betterteam to locate the material.  

  4. Your address, telephone number, and e-mail address.

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  6. A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please direct inquiries regarding infringement issues by email to hello@betterteam.com.

Changes

We reserve the right, in Betterteam’s Discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Contact Us

If you have any questions about these Terms, please contact us at hello@betterteam.com.


Privacy Policy

September 6, 2016

Betterteam Pty Ltd ("us", "we", or "our") operates the http://www.betterteam.com website (the "Service").

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at http://www.betterteam.com

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, and other information ("Personal Information").

The purpose for which we collect personal information is to provide you with the best service experience possible on the Service and for our internal business purposes that form part of normal business practices. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the Service.

Log Data

We may also collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information, without limitation, such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.

We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

We send a session cookie to your computer when you log in to your User account. This type of cookie helps if you visit multiple pages on the Service during the same session, so that you don't need to enter your password on each page. Once you log out or close your browser, this cookie expires.

We also use longer-lasting cookies for other purposes such as to display your Content and account information. We encode our cookie so that only we can interpret the information stored in them. Users always have the option of disabling cookies via their browser preferences. If you disable cookies on your browser, please note that some parts of our Service may not function as effectively or may be considerably slower.

Google Display Advertising; DoubleClick Cookie

We use and support one or more Google tools including without limitation, Google Analytics (including Universal Analytics), (hereinafter, collectively, “Google Analytics”), Google AdWords (including Smart Pixel), Google Developer Console and Google Displaying Advertising which may include, without limitation, one or more of the following features: (i) Remarketing (as such term is defined below), (ii) Google Display Network Impression Reporting, (iii) the DoubleClick Campaign Manager integration, and (iv) Google Analytics Demographics and Interest Reporting).  We connect Google Analytics with Google Developer Console in order to better understand user behavior in connection the applications we provide. Google, as a third party vendor, uses cookies to serve ads on our Site. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Site or other sites on the Internet.

You may opt out of the use of Google Analytics for Display Advertising (including disabling the DoubleClick Cookie for personalized advertising) and customize Good Display Network ads by visiting the Google Ads Settings page.  Even though you may opt out of the use of such Google services, we may still use other services, such as the segment.io platform, to collect and analyze data.

We may use remarketing with Google Analytics (including Universal Analytics) and/or Google Adwords (including Smart Pixel) (collectively, “Remarketing”) to advertise online including after you've visited our Site.  Remarketing may be based on your location, interests (including, without limitation, your interest in (i) hiring employees or contractors, (ii) seeking employment or a contracting role, and other information collected about you in compliance with Google’s Policy For Advertising Based On Interests And Location.   In connection with Remarketing and otherwise (i) We and our third party vendors, including, without limitation, Google, may show you ads on sites across the internet, and (ii) We and our third party vendors, including, without limitation, Google, use first party cookies (including, without limitation, the Google Analytics cookie) and third party cookies (including, without limitation, the DoubleClick cookie) to inform, optimize and serve you ads based on your past visits to our Site.

We and our third-party vendors, including Google, also use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our Site.  You may opt out of having your activity tracked by Google Analytics (for e.g. through cookies) by following the instructions contained in the section below entitled “Your ability to change your privacy settings.”

In connection with our use of Google Analytics Demographics and Interest Reporting we may use data from Google's Personalized advertising or 3rd-party audience data (such as age, gender, and interests) with Google Analytics for several purposes, including, without limitation: (i) understanding our audience and the interests and demographics of the Site's users, (ii) improving Site content to better serve our audience, (iii) segmenting Remarketing campaigns by demographics, location or interests, and/or (iv) targeting ads in Google Adwords.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page. Google also allows you to install the Google Analytics Opt-out Browser Add-on for your browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.  You can also opt-out of third-parties’ use of cookies by visiting the Network Advertising Initiative opt-out page.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Compliance With Laws

We may disclose personal information in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities. We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Business Transaction

In the event that we sell or buy businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control and other similar transactions, customer or user information is generally one of the transferable business assets. Thus, your personal information may be subject to such a transfer. In the unlikely event of insolvency, personal information may be transferred to a trustee or debtor in possession and then to a subsequent purchaser.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

International Transfer

Your information, including Personal Information, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Australia and choose to provide information to us, please note that we may transfer the information, including Personal Information, to Australia and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Access and Correction

Australian Privacy Principle 6 of the Privacy Act 1988 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.

Please note that the access and correction requirements under this Privacy Policy operates alongside and do not replace other informal or legal procedures by which an individual can be provided access to, or correction of, their personal information, including the requirements under the Australian Freedom of Information Act 1982 (Cth).

Complaints

Australian Privacy Principle 1 of the Privacy Act 1988 (Cth) allows you to make a complaint about any alleged breaches of privacy. In order to lodge a complaint with us, please contact us using the details above with the following information:

  • Your name and address;

  • Details of the alleged breach of privacy; and

  • URL link to the alleged breach of privacy (if applicable).

Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.

Retention of Information

We retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law that specifically requires the handling or retention of information. You must keep your own, separate back-up records.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 (a "Child").

We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a Child without verification of parental consent, we will take steps to remove that information from our servers or replace it with the Personal Information of the Child’s parent or guardian.

Your Ability To Change Your Privacy Settings

You may opt out of receiving e-mails, e-mail updates and alerts and phone calls by contacting Betterteam at hello@betterteam.com. Your account can be deactivated by contacting Betterteam at hello@betterteam.com. You may also turn off cookies in your browser.

If you would like to stop having your activity tracked (for e.g. through cookies) you may elect to opt-out of such tracking and/or having your data and activity used by Google Analytics.  In order to do so you will need to create an account and then click on Google Analytics opt out.  However, by opting out of the Google Analytics your activity may still be tracked through other third-party services we use including via the segment.io platform.  By agreeing to the terms of this Privacy Policy you further agree that we may connect (i.e. stitch) any of your authenticated and non-authenticated browsing sessions.  However you may change the settings to prevent such connections (i.e. stitching) by clicking on Google Analytics opt out from within your account.

We may use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://www.networkadvertising.org/managing/opt_out.asp.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Consent

You warrant that you are able to give consent under Australian Law or, in the event that you do not have the capacity to give consent, you warrant that your guardian or attorney is able to give any consent required under this Privacy Policy on your behalf.

You hereby expressly and voluntarily grant your informed consent to us to deal with your personal information in accordance with the terms and conditions of this Privacy Policy. Should you retract your consent, please contact us. If you retract your consent, you acknowledge and agree that failure to provide certain types of personal information may not give you access to the full functionality of the Service.

Contact Us

If you have any questions about this Privacy Policy, please contact us at hello@betterteam.com.