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IDEA EXCHANGE ONLINE COMMUNITY MEMBERSHIP TERMS
These Terms of Membership govern your Membership, participation, access to and use of the Idea Exchange Online Community and contain important information, including disclaimers and limitations of liability. Your Membership, participation, access or use of Idea Exchange Online Community constitutes acceptance of these Terms of Membership.
1. Definitions
In these Membership Terms:
Australian Consumer Law means all laws and regulations made under Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Confidential Information means all confidential information and includes (a) information about Medibank, and the Medibank Related parties, and its products that is not known to the general public and includes information in any medium (whether oral, written, stored electronically or digitally) provided in connection with the Project; and (b) Responses provided in connection with the Project;
Responses means all content provided by a Member for the purposes of the Project, and includes any statement, document, email, form or notes created in connection with the Project; and all audio, audio visual or photographic recording of images, words, names, information, gestures, sounds or statements of Members recorded in connection with the Project;
Registration Survey means the application survey and record of personal details submitted by a person applying to be a Member;
Insights means Bastion Insights Pty Ltd (ABN 27 610 294 829);
Medibank means Medibank Private Ltd ABN 47 080 890 259;
Medibank Related Parties means the Medibank group of companies, promotional partners, servants, employees, contractors and agents of Medibank;
Member means a person who has been accepted for membership of the Project;
Membership means a Member's membership of the Project;
Membership Terms includes this document and all documents incorporated by reference;
Project means the Idea Exchange Online Community and established by Bastion Insights to survey the opinions of customers and/or Members for market research purposes;
Website means the Project website located at medibankideaexchange.com.au
2. Membership
2.1 To become and to remain a Member, you must:
Bastion Insights has the sole right to determine your eligibility for, and the extent of your access to, the Project.
2.2 Membership numbers are limited. Bastion Insights may accept or reject a Membership application in its absolute discretion at any time and without giving reasons. Membership is personal to you and cannot be transferred to another person.
2.3 You may cancel your Membership by sending an email to Bastion Insights and inserting the words "Request Removal" in the subject line.
2.4 By becoming a Member, you consent to receiving emails from Medibank, and Medibank Related Parties and Bastion Insights in connection with the Project, including emails inviting you to participate in research.
2.5 Medibank and Bastion Insights may provide you with Confidential Information. You agree not to disclose or use any of the Confidential Information in any way other than as necessary to participate in the Project. You may only disclose Responses for the purposes of the Project.
2.6 Medibank and Bastion Insights may, at their discretion, provide you with Medibank products as part of your participation in the Project. You agree that your participation in the Project is voluntary and that, other than an opportunity to participate in Project-related promotions run by Bastion Insights, you will not receive remuneration or reward from Medibank or Bastion Insights for your participation in the Project.
2.7 You must not make any false, misleading or fraudulent statement or become involved in any conduct or activity that may cause loss, damage or diminish the reputation of you, Medibank or its products and services.
3. Termination
3.1 Bastion Insights may, at its absolute discretion, suspend or terminate with immediate effect: (a) all or any part of the Project; or (b) your Membership, immediately by giving you notice for any reason (including if you breach the ongoing requirements of these Membership Terms).
3.2 If your private health insurance membership with either Medibank is cancelled, suspended or terminated for any reason, your Membership of the Project shall also be rendered inactive and terminated.
4. Project Rewards
4.1 Each time you participate in a Project-related activity, you will be eligible to earn reward points, the number of which you will be notified about at the time of being invited to participate in the said activity.
4.2 Accumulated reward points can be redeemed for products and services via Bastion Insights’ online Rewards Portal, managed by egiftpay. Click here to learn more about egiftpay.
4.3 Unless otherwise stipulated, 100 points has an equivalent dollar value of $1.
4.4 Rewards can only be redeemed once a minimum balance of 500 points has been accumulated.
4.5 On a regular basis, Bastion Insights will issue emails alerting you to the number of Rewards Points you have accumulated and, provided there are sufficient points, Bastion Insights will issue a redemption code. The redemption code allows you access to the online Rewards Portal, where the code can be exchanged for a wide variety of products and services.
4.6 Each time you are delivered a new redemption code, the associated points will be deducted from your Rewards Points balance.
4.7 Your points will expire after 3 years after being issued.
4.8 Rewards are personal to you and cannot be transferred to another person.
5. Limitation of Liability and Disclaimers
5.1 Except for the statutory guarantees set out in the Australian Consumer Law, Medibank, and Bastion Insights exclude all warranties and disclaim all representations in relation to any goods or services provided to you by Medibank, or Bastion Insights in connection with the Project. The information provided in connection with the Project including on the Website may include occasional and inadvertent errors and is provided "as is" and "as available" basis. Medibank does not provide telecommunications services and does not warrant that you will have continuous access to the Project or that it will be supplied fault free. Medibank will not be liable in the event that the Project is unavailable to you for any reason including due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply. Medibank reserves the right to suspend or terminate the availability of the Project at any time. You agree to access and use the Project entirely at your own risk including in relation to all information that you choose to transmit through the Project.
5.2 The information provided via the website or related communications is general information only and is not a substitute for professional health advice, diagnosis or treatment. Nothing on the Website or the Project should be construed as the giving of advice or the making of any recommendations. You should make and rely on your own assessment and enquiries to verify the accuracy of the information provided through the Project or the Website.
5.3 Medibank does not guarantee the accuracy of any of the information, representation or advice displayed. To the extent permitted by law, neither Medibank accepts responsibility for any loss, injury (including any loss of profits or income, business interruption or loss or corruption of date or other information), damage, illness or inconvenience:
(a) arising from, as a result of or in connection to:
(b) for any personal injury, including death, cause by access to, use or misuse of the Project (including its content and services) by you or other Member(s) whether intentionally or unintentionally.
6. Your Privacy and Responses
6.1 If you provide information and Responses to Bastion Insights, Bastion Insights will collect and use the information and Reponses for the purposes of surveying your opinion for market research. Your information and Responses may be disclosed to Medibank and the Medibank Related Parties to assist in improving Medibank respective Websites, and products and services and to contact you in the future with information about marketing research via any medium including but not limited to telephone and commercial electronic messages.
6.2 You can gain access to, update or correct any personal information by contacting the persons identified in Medibank Privacy Policy (http://www.medibank.com.au/Legal-Information.aspx). Medibank also refers you to this Privacy Policy (http://www.medibank.com.au/Legal-Information.aspx) for more information about the handling of personal information. However, these Membership Terms will prevail to the extent of any inconsistency between the Medibank Privacy Policy and these Membership Terms.
6.3 Medibank will not publicly disclose the identity of Members.
6.4 Medibank and Bastion Insights may use your Responses for purposes connected with conducting the Project and for any reasonable research and commercial purposes.
6.5 If you provide Bastion Insights with personal (including sensitive) information (Information) about another person, you must ensure that, prior to providing the Information about that person to Bastion Insights, the person is aware of how their Information will be handled by Bastion Insights under these Membership Terms and that they consent to Bastion Insights handling their Information in accordance with these Membership Terms.
7. Intellectual Property
7.1 By participating in the Project, you assign to Medibank absolutely all rights, title and interest in your Reponses upon creation and you consent to Medibank, the Medibank Related Parties and each of its successors and assigns, and anyone authorised by any of them, modifying, changing, copying, publishing, adding to, taking from, adapting and/or translating, in any manner or context, the Responses notwithstanding that such conduct may otherwise infringe moral rights (or similar) laws in any territory or jurisdiction, and, to the extent lawfully possible in a jurisdiction, you waive all moral rights.
7.2 You warrant that each Response is your original work and that you must not breach any third party rights in communicating a Response to Medibank. You warrant that your Response is accurate and reliable.
7.3 You will provide Medibank, and the Medibank Related Parties with any consent or other permission that Medibank requires to use your Response as set out in these Membership Terms. For the avoidance of doubt, Medibank is not required to pay any fee to use any Responses, no matter how that Response is used.
7.4 All Medibank and the Medibank Related Parties’ trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without Medibank or the Medibank Related Parties’ express prior written consent.
8. Website
8.1 Medibank owns or licenses all copyright and other intellectual property rights in and on the Website (including all layouts, applets, text and graphic images in this site). You may access and display the Website's pages on a computer or a monitor, and print out for your personal use any whole page or pages in the Website. All other use, copying or reproduction of any part of the Website is prohibited (save to the extent permitted by law). You must not use, change, reproduce, or communicate on any other internet site, nor redistribute or sell any content or part of the Website nor reverse engineer, disassemble, or otherwise convert it to any other form that people can use. You must not link the Website to another Website in any way.
8.2 You agree that any "Project", "Medibank" logos are trademarks of Medibank, or the Medibank Related Parties. All rights in those trademarks are reserved by Medibank, and the Medibank Related Parties. Any other trademark appearing on the Website is the property of its respective owner.
9. General
9.1 These Membership Terms may be changed or varied at any time without notice and with immediate effect by Bastion Insights in its absolute discretion.
9.2 Medibank may use an agent or contractor to carry out all or part of the Project in its absolute discretion.
9.3 These Membership Terms are governed by the laws of Victoria, Australia. Both you and Medibank irrevocably submit to the non-exclusive jurisdiction of the courts of that State and all courts with jurisdiction to hear appeals from those courts.
9.4 You are not, by virtue of your participation in the Project, an employee or contractor of Medibank, or the Medibank Related Parties. The relationship between you and Medibank is that you are a voluntary participant in the Project and that you will comply with these Terms of Membership.
9.4 If the whole or any part of these Terms of Membership are invalid, unenforceable, illegal, void or voidable for any reason, these Terms of Membership will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
9.5 A waiver by Medibank of any breach or a failure to enforce or to insist on the observance of a condition of these Terms of Membership will not be a waiver of any other or of any subsequent breach.
9.6 Medibank will not be responsible or liable for failure to perform any obligation under these Terms of Membership if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, internet and communications outages, fire, flood, war, or act of God.
10. Appropriate use of the Project
10.1 You must only use, access or participate in the Project for the purposes described in these terms and conditions. You must not use or attempt to use Project to:
(a) corrupt, damage or interfere with the Project or Medibank, Bastion Insights, or third party data, software, hardware, website or information technology systems;
(b) send any offensive, inflammatory, defamatory, fraudulent or otherwise unlawful information or information that infringes third party rights;
(c) adversely affect the reputation or public image of Medibank, and/or Bastion Insights;
(d) use or send any offensive, distressful, distasteful or defamatory language or images that are or may be considered offensive or cause annoyance to other Member(s) also using the Project; or
(e) cause annoyance or inconvenience to Medibank, Bastion Insights and/or any third party or other Member(s).
10.2 You acknowledge that Medibank can terminate your use of the Project if either Medibank reasonably believes that you have breached these Terms of Membership.
10.3 If you are aware of any inappropriate use of the Project that is in breach of these Terms of Membership, for Medibank, please send an email to medibankideaexchange@myinsights.com.au
11. Indemnity
11.3 You agree to defend, indemnify and hold harmless Medibank, and its officers, directors, employees and agents from and against all claims, actions, loss, damages, liabilities and costs related to or arising directly or indirectly from the following:
(a) any breach by you of these Terms of Membership; and
(b) subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), your use of the Project.
12. Other terms and conditions
12.1 These Terms of Membership are in addition to the Disclaimer relating to your use of:
(a) Medibank’s website generally http://www.medibank.com.au/Legal-Information/Disclaimer.aspx
13. Cookies
13.1 If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit Medibank's Website and the Project. Cookies allow Medibank to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an Internet Service Provider), type of browser, operating system, domain name, and the details of any website which has referred you to this website. Medibank uses cookies to track and collect information about whether you have been invited to the Project already. Cookies will also allow Medibank to recognise your computer while you are on the Project.
13.2 If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies.
These Terms of Membership were last updated on 5th October 2016.
Bastion Latitude is committed to protecting the privacy of your personal information. We manage your personal information in an open and transparent way.
Bastion Latitude will only use your personal information when it is necessary for us to undertake our services or perform other necessary business functions and activities.
Bastion Latitude will not use or disclose your personal information for purposes unrelated to our services or business, unless we first obtain your consent.
‘We’, ‘us’, ‘our’ and ‘Bastion Latitude’ refers to (and this policy applies to) Bastion Insights Pty Ltd (ABN 27 610 294 829) trading as Bastion Latitude.
If you have any questions regarding Bastion Latitude’s Privacy Policy, please contact us.
The Privacy Officer
Legal Department
Bastion Collective
14-18 Cremorne Street
Richmond Vic 3121
Australia
Email: privacy@bastioncollective.com
If you would like Bastion Latitude to send you a hard copy of this policy, please contact us and we will do so.
This privacy policy sets out how we comply with our obligations under the Privacy Act 1988 (Australia).
Bastion Latitude is bound by the requirements of these laws, which regulates how we may collect, use, disclose and store personal information. These laws also specify how individuals may access and correct personal information held about them.
‘Personal Information’ means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. For example, these types of information could include your name, contact details, age, image and health information.
By visiting our websites and/or providing your personal information or data to us, you consent to the terms and conditions in this Privacy Policy, unless you tell us to the contrary by contacting us.
This privacy policy is effective from June 2018. From time to time, our policies and procedures will be reviewed and, if appropriate, updated. If any changes are made to this policy these will be posted on our website.
We collect personal information from clients, employees and suppliers (including prospective ones), employee referees and next of kin, our network, associations and partners with whom we collaborate, the public at large and regulators.
We will only collect personal information about you by lawful and fair means, and not in an unreasonably intrusive manner.
It is our usual practice to collect personal information directly from you when you:
We may also collect personal information about you from a third party or a publicly available source (including social media), but only if you have consented to such collection, or would reasonably expect us to collect your personal information in this way, for instance job applicants and employees provide referee and next of kin details to us, clients might provide us with trade references.
Where we can, we will allow you to deal with us anonymously or by using a pseudonym. However, in some circumstances, this may not be possible, and we may need to collect personal information from you to provide you with a delivery or other service. In some cases, if you do not provide the required personal information we will not be able to provide you with a service.
If we receive information about you from a third party and it is not information we need in respect of our business activities, we will destroy or de-identify that information (provided it is lawful to do so).
Any personal information that you provide via our websites or directly is collected and managed by Bastion Latitude.
If you provide your personal information to a third party via a link from a Bastion Latitude website or an introduction from us, that information is collected and managed by those third parties. You should familiarise yourself with their privacy policy prior to deciding whether you wish to provide them with your information.
The types of personal information Bastion Latitude may collect includes your:
Whilst you may opt not to provide us with your personal information, you should be aware that without this personal information, we may not be able to do business with you, employ you, seek your input or feedback, provide you with some of the services and/or products you are seeking.
If you provide us with information about any third party, you must obtain that person’s permission to give us the information and inform them that you have given the information to us.
We use your personal information for a variety of reasons including to:
In the course of conducting our business we may disclose your personal information.
We only disclose personal information for the purposes for which it was given to us, or for purposes which are directly related to one of our functions or activities. We do not give it to anyone else unless one of the following applies:
If we engage third party agents or contractors, we will take all reasonable steps to ensure that they do not breach privacy requirements in relation to the information, before we share your personal information with them.
We may disclose your personal information to:
In all circumstances where your personal information is disclosed, we will take all steps reasonable to ensure that these third parties undertake to protect your privacy.
We are committed to compliance with all laws and requirements relating to the use of your personal information. We will only use or disclose your personal information for direct marketing purposes if you have provided your information for that purpose (and you would expect us to use the information for that purpose), or if you have provided consent for your information to be used in this way.
From time to time, we may contact you with information about opportunities, products and services offered by us, our related entities, our clients and our business partners, which we think may be of interest to you. When we contact you it may be by mail, telephone, email, SMS/text message or social media message.
Where we use or disclose your personal information for the purpose of direct marketing, we will:
Bastion Latitude will only ever contact you if you have consented to this, and you can ask to be removed from our marketing lists at any time by contacting us directly.
If you do not wish to be contacted by Bastion Latitude please e-mail us at privacy@bastioncollective.com
Your personal information may be disclosed to our related entities, clients, business partners and service providers in Australia and overseas.
The countries this information may be disclosed to will vary from time to time, but may include Australia, the United States of America, the European Economic Area.
Sometimes we use third party platforms and services, including cloud services, to store, backup and process data (including financial data), provide support, account manage, send marketing messages, facilitate our services, customer relationship management. These services are hosted and managed by organisations other than ourselves, and some of these services are hosted overseas. We use products and services maintained in Australia, the United States of America and European Economic Area.
Your personal information may be stored in a secure and encrypted form overseas (e.g. in data storage and cloud computing facilities operated by us (or by third parties on our behalf).
We will not use Government Identifiers, such as a driver's licence number as its own identifier of individuals.
We will take all reasonable steps to ensure that your personal information is stored securely and is protected from misuse and loss and from unauthorised access, modification or disclosure.
The personal information that we collect about you is stored on our internal and third-party database servers & filing systems managed by us in Australia.
Our websites are professionally hosted and operate in a secure environment. You should however be aware that there is always an inherent risk in transmitting your personal information via the Internet.
To make sure you are accessing a secure server, check for the unbroken key or closed lock symbol located generally near a corner of your browser window or the address bar. If it appears, then SSL is active. You can double check this by looking at the URL as well. If SSL is active, then the first characters of that line will read ‘https’ rather than just ‘http’. It is important for you to protect against unauthorised access to your password and to your computer.
Ensure you logout when you have finished visiting our websites especially if you accessed them from a shared computer.
Cookies are pieces of information that a website transfers to your computer for record-keeping purposes. The information collected may be used by us to improve your experience on our website.
If you visit an area of the website where you are not required to log on, to read, browse or download information, our system will record the date and time of your visit to our site, the pages viewed and any information downloaded.
Any personal information that you submit to us using our website or in an e-mail will only be used in accordance with this privacy policy.
Our websites use Google Analytics Services, for more information about cookies used, see Google Cookies Policy.
Whilst links to third party websites may be provided on our website, we are not responsible for the content or practices of these third party websites.
These links are provided for your convenience and do not represent our endorsement of any linked third party website. We recommend that you check the privacy policies of these third parties prior to providing them with your personal information.
No links may be made to this website without our prior written consent.
You can request access to the personal information we hold about you at any time, and we will provide you with that information unless we are prevented by law from giving it to you.
If we are unable to give you access to the information you have requested, we will give you reasons for this decision when we respond to your request.
You will not be charged for accessing your information, although we might have to charge the reasonable cost of processing your request, including photocopying, administration and postage. We will advise you of any fee payable before we process your request.
If you believe that your personal information is not accurate, complete or up to date or you have any other privacy concerns then please contact us (refer to details above)
If you consider your privacy concerns have not been resolved satisfactorily by us, or you wish to obtain more information on privacy requirements, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or visit their website at www.oaic.gov.au.
