This Agreement was last modified on 12t November 2018.
This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.
By accessing the Website, you agree to the following terms
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website enables Users to work together online to complete and pay for Projects, buy and sell items and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties.
We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated.
Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.
You will not use the Website if you:
are not able to form legally binding contracts;
are under the age of 16;
are suspended from using the Website; or
do not hold a valid email address.
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Subject to your local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.
Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
While using the Website, you will not attempt to or otherwise do any of the following:
post content or items in inappropriate categories or areas on our Websites and services;
infringe any laws, third party rights or our policies, such as the Code of Conduct;
fail to deliver payment for services delivered to you;
fail to deliver Seller Services purchased from you;
circumvent or manipulate our fee structure, the billing process, or fees owed to JIRA;
post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
transfer your JIRA account (including feedback) and Username to another party without our consent;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm JIRA, the Website, or the interests or property of JIRA users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
copy, modify or distribute rights or content from the Website or FJIRA's copyrights and trademarks; or
harvest or otherwise collect information about Users, including email addresses, without their consent.
When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You represent and warrant that your content:
will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
will not violate any law or regulation;
will not be defamatory or trade libellous;
will not be obscene or contain child pornography;
will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
will not contain material linked to terrorist activities
will not include incomplete, false or inaccurate information about User or any other individual; and
will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Communication With Other Users
Communication with other users on the Website must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, Project message board, direct message sending and other communication channels provided on the Website.
You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.
In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.
We may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by emailing us at email@example.com
Modifed 12t November 2018.
Our privacy obligations
We will review this policy regularly, and we may update it from time to time.
The types of personal information we collect and hold
We collect personal information about our users in order provide our products, services, and customer support. Our products, services, and customer support are provided through many platforms including but not limited to: websites, phone apps, email, and telephone. The specific platform and product, service, or support you interact with may affect the personal data we collect.
How we collect personal information
Information that you specifically give us
While you use our products and services you may be asked to provide certain types of personal information. This might happen through our website, applications, online chat systems, telephone, paper forms, or in-person meetings. We will give you a Collection Notice at the time, to explain how we will use the personal information we are asking for. The notice may be written or verbal.
We may request, collect, or process the following information:
Account Details - username, password, profile picture.
Contact Details - email address, phone number.
Location Details - physical address, billing address, timezone.
Identity Details - full name, proof of identity (e.g. drivers licence, passport), proof of address (e.g. utility bill), photograph of the user.
Financial Information - credit card details, wire transfer details, payment processor details (e.g. skrill, paypal), tax numbers.
User Generated Content - project descriptions and attachments, bid description, user profiles, user reviews, contest descriptions and attachment, user messages etc.
Information that we collect from others
Users have the ability to invite non-users to our platform by providing contact details such as email address. In these situations, the information will be collected and stored by us to contact the non-user and to prevent abuse of the invite systems.
Your payment provider may transmit information about the payment that we may collect or process.
In some situations, personal information of users may be collected from public sources.
We may collect or process the following information:
Basic Details - username, profile picture.
Contact Details - email address, phone number.
Location Details - Physical Address, billing address, timezone.
Financial Information - payment account details (e.g. paypal email address and physical address), and wire transfer details.
List of contacts - email provider address book.
User Generated Content - user profile.
Information we collect as you use our service
We maintain records of the interactions we have with our users, including the products, services and customer support we have provided. This includes the interactions our users have with our platform such as when a user has viewed a page or clicked a button.
In order to deliver certain products or services we may passively collect your GPS coordinates, where available from your device. Most modern devices such as smartphones will display a permission request when our platform requests this data.
When we are contacted we may collect personal information that is intrinsic to the communication. For example, if we are contacted via email, we will collect the email address used.
We may collect or process the following information:
Metadata - IP address, computer and connection information, referring web page, standard web log information, language settings, timezone, etc.
Device Information - device identifier, device type, device plugins, hardware capabilities, etc.
Location - GPS position.
Actions - pages viewed, buttons clicked, time spent viewing, search keywords, etc.
Links to other sites
How we use personal information
The information we request, collect, and process is primarily used to provide users with the product or service they have requested. More specifically, we may use your personal information for the following purposes:
to provide the service or product you have requested;
to facilitate the creation of a User Contract (see Terms of Service for more information);
to provide technical or other support to you;
to answer enquiries about our services, or to respond to a complaint;
to promote our other programs, products or services which may be of interest to you (unless you have opted out from such communications);
to allow for debugging, testing and otherwise operate our platforms;
to conduct data analysis, research and otherwise build and improve our platforms;
to comply with legal and regulatory obligations;
if otherwise permitted or required by law; or
for other purposes with your consent, unless you withdraw your consent for these purposes.
The 'lawful processing' grounds on which we will use personal information about our users are (but are not limited to):
when a user has given consent;
when necessary for the performance of a contract to which the user is party;
processing is necessary for compliance with our legal obligations;
processing is necessary in order to protect the vital interests of our users or of another natural person.
processing is done in pursuing our legitimate interests, where these interests do not infringe on the rights of our users.
We use automated decision when helping matching users to jobs. The primary way this occurs is through how we rank users. These rankings are produced by analysing user generated content, user activity and the outcome of jobs; in this context, user generated content will include reviews that users receive when completing jobs. More information on these ranking guides can be found in our community articles. Automated decision making is also used to recommend potential jobs to our users and as a part of our marketplace security systems.
Accessing, correcting, or downloading your personal information
You have the right to request access to the personal information AdQuantum holds about you. Unless an exception applies, we must allow you to see the personal information we hold about you, within a reasonable time period, and without unreasonable expense for no charge. Most personal information can be accessed by logging into your account. If you wish to access information that is not accessible through the platform, or wish to download all personal information we hold on you in a portable data format, please contact our Privacy Officer.
You also have the right to request the correction of the personal information we hold about you. All your personal information can be updated through the user settings pages. If you require assistance please contact our customer support.
To contact our Privacy Officer
If you have an enquiry or a complaint about the way we handle your personal information, or to seek to exercise your privacy rights in relation to the personal information we hold about you, you may contact our Privacy Officer as follows:
While we endeavour to resolve complaints quickly and informally, if you wish to proceed to a formal privacy complaint, we request that you make your complaint by email as above. We will acknowledge your formal complaint within 10 working days of receipt.