All assets are free to use as long the full terms of use, licence rules and usage instructions are followed.
Use of assets must inure to the benefit of Brand Tasmania in some way.
All assets must not be used past the Expiry date of the asset.
All use of assets must comply with the individual asset Licence rules.
All use of assets must comply with the Brand Guidelines and any Usage instructions.
These Terms of Use constitute the whole agreement between Brand Tasmania ABN 815 232 27065 ("Licensor") and each person or organisation who is a registered Tasmanian partner ("Licensee") with respect to the downloading, possession, use and/or publication ("Use") of any digital asset ("Asset") in the Tasmanian digital Toolkit ("Toolkit"), and any physical copy of an Asset. These Terms of Use wholly supersede any prior negotiations, agreement or understanding.
Assets may only be Used by or on behalf of Licensees. Use of an Asset by or on behalf of a person or organisation who is not, at the time of Use, a Licensee is strictly prohibited.
The Licensor grants to each Licensee a revocable, non-exclusive, non-transferable licence ("Licence") to use the Assets solely in accordance with these Terms of Use.
Assets may be used for the purpose of:
(a) promoting Tasmania as a place to live, work, study, visit, trade with and invest in; or (b) promoting Tasmanian products and/or services.Assets may not be Used for any other purpose.
5.1 An Asset must not be Used in a manner that is, or might reasonably be perceived as being, defamatory, scandalous, misleading, pornographic, unlawful or otherwise damaging to the image or reputation of Tasmania, The Crown in Right of Tasmania or the Licensor.
5.2 The Licence does not extend to, and does not permit, the use of any logo or trademark appearing in an Asset (other than incidental use occurring solely as a result of the Use of an Asset in accordance with these Terms and Conditions).
5.3 Each Licensee must:
(a) not transmit an Asset to a third party, or permit a third party to Use an Asset, without the prior written consent of the Licensor; and
(b) make all reasonable efforts to prevent the unauthorised disclosure of an Asset to, or the unauthorised Use of an Asset by, a third party.
5.4 A Licensee must not create more copies (whether physical or digital) of an Asset than the Licensee reasonably requires in order to use the Asset for the purposes described in clause 4 of these Terms of Use, provided that the Licensee may securely store one additional digital copy of the Asset for backup purposes. Without limiting the foregoing, Assets must not be Used:
(a) to create, establish or form any part of an online interactive stock photo library; or
(b) in relation to any business or operation similar to, or which might compete with, any operations of the Licensor, including but not limited to the provision of the Toolkit.
5.5 A Licensee must not modify an Asset in any way, or derive any new material from an Asset, without the prior written consent of the Licensor.
5.6 The Licence does not include a right of sublicense, whether for financial gain or otherwise.
6.1 To the extent permitted by law, the Licensor excludes all warranties in respect of the Assets.
6.2 Without limiting clause 6.1 of these Terms of Use, the Licensor does not warrant:
(a) the accuracy, completeness, currency, quality or suitability for any purpose, of the Assets; or
(b) that the Assets will be compatible with any particular hardware or software, or Useable in any particular format.
6.3 Each Licensee acknowledges and agrees that the Assets have not been prepared to meet the Licensee's individual requirements and that it is therefore the responsibility of the Licensee to determine whether or not an Asset meets any such requirements.
The Licensee waives all rights to recover damages from the Licensor for any liability to the Licensee for all loss, damage or injury which may be suffered by the Licensee (including but not limited to damage attributable to a wrongful or negligent act or omission of the Licensor or damage to any of the Licensee's property or finances) arising from the Licensee's use of an Asset.
The Licensee indemnifies the Licensor against any loss, damage or legal liability in respect of:
(a) personal injury to, or death of, any person; or
(b) damage to property; or
(c) financial loss,
arising from the Licensee's use of an Asset, to the extent that such damage or loss is attributable to an act or omission of the Licensee or the Licensee's officers, employees, agents or contractors that is negligent, unlawful or in breach of these Terms of Use.
9.1 The Licence, and these Terms and Conditions, are governed by the law of the State of Tasmania, Australia and the parties submit to the jurisdiction of courts of Tasmania.
9.2 All intellectual property rights and any other rights in the Assets (and in any modifications to, or derivatives of, Assets) are owned by the Licensor and are protected by Commonwealth of Australia copyright laws, international treaty provisions and other applicable laws.
9.3 If required by the Licensor, a Licensee must sign all documentation required by the Licensor in order to give effect to clause 9.2 of these Terms and Conditions.
9.4 The Licensor retains all rights in the Assets.
10.1 A Licensee must notify the Licensor in writing as soon as practicable after the Licensee becomes aware of an actual or potential breach by any person or organisation of these Terms of Use.
10.2 A Licensee's Licence will terminate automatically and immediately upon the Licensee (or former Licensee) ceasing to be registered as a Tasmanian partner.
10.3 Immediately following termination of a former Licensee's Licence, the former Licensee must:
(a) stop using Assets, and
(b) delete all digital Assets (including all digital copies of Assets) being Used by the former Licensee from all electronic media, and destroy (or, if directed to do so by the Licensor, return to the Licensor) all physical copies of the Assets being Used by the former Licensee.
10.4 The Licensor reserves the right to discontinue the availability of any Asset for any reason, whether or not the Licensor elects to replace (at its absolute discretion) the Asset with an alternate Asset. Upon notice from the Licensor to a Licensee of any discontinuance of availability of a particular Asset, that Licensee’s Licence will cease to apply to the discontinued Asset and the Licensee must immediately cease all Use of the discontinued Asset in any manner or form whatsoever.
10.5 The Licensor will not be liable to a Licensee of former Licensee for any loss suffered or expense incurred due to:
(a) the termination of a Licence; or
(b) the discontinuation of the availability of any Asset.
10.6 The provisions of clause 10 of these Terms of Use survive the termination of a Licensee's (or former Licensee's) Licence.
Effective Date: 25 May 2018
This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.
This privacy policy is subject to, and must be read in conjunction with, our Terms of Use.
In this privacy policy ‘we’, ‘us’, and ‘our’ refers to Brand Tasmania and E-see International Ltd trading as Brandkit.
Service
Service means this website, which runs on the Brandkit Platform (Service infrastructure).
Brandkit Platform
Brandkit Platform means the Service infrastructure operated by Brandkit.
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, Brand Tasmania is the Data Controller of your Personal Data.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
For the purpose of this Privacy Policy, Brandkit is the Data Processor of your Personal Data because they process the data on our behalf.
We also may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
We collect several different types of information for various purposes to provide and improve our Service to you.
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 ("Personal Data"). Personally identifiable information may include, but is not limited to:
We may use your Personal Data to contact you with communications, 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, or by contacting us.
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. 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, unique device identifiers and other diagnostic data.
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
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.
Examples of Cookies we use:
We use the collected data for various purposes:
If you are from the European Economic Area (EEA), our legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
We may process your Personal Data because:
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, 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 of the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
We may disclose your Personal Data in the good faith belief that such action is necessary to:
The security of your data 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 Data, we cannot guarantee its absolute security.
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your user account profile page (My Profile). If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format. You can download a copy of the information we have on you at any time from your user account profile page (My Profile).
The right to withdraw consent. You also have the right to withdraw your consent at any time where E-see International Ltd relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), 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 Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Stripe
Their Privacy Policy can be viewed at https://stripe.com/us/privacy
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.
Our Service does not address anyone under the age of 16 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
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.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
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 you have any questions about this Privacy Policy, please contact us: