IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Artist and the Distributor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
The Artist hereby agrees to having read and fully understood the terms set forth in the following documentation:
The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect for as long as the monthly account fee is satisfied and maintained. At the point that the monthly is no longer satisfied, the artist’s work will no longer be hosted on the HiveMind automated print service.
Except as otherwise provided in this Agreement, the Artist will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with this agreement and the Service Contract of their Project. The Artist will work autonomously and not at the direction of the HiveMind. However, the Artist will be responsive to the reasonable needs and concerns of HiveMind.
Our fee structure is dynamic and aims to accommodate any commercial preference of the Artist.
TLDR; $7.50 USD a month. 70% NET PROFIT on all prints.
TLDR; $15.00 USD a month. 70% NET PROFIT on all prints.
The Artist will always retain 100% ownership of the creative rights and editorial rights of their artwork and associated custom products.
Copyright and Trademark. (a) Notice of copyright in the Work shall appear in each copy of the Work produced and be in the following name:
ARTIST TRADING ENTITY NAME
(a) The parties agree that registered copyrights in the Work or in any other titles or editions governed by prior agreements between the parties, regardless of whether such agreement set forth a registration obligation.
Excite, Unite, Inspire
This is the underpinning maxim of HiveMind Productions.
This Code of Conduct is designed to shape and guide the HiveMind Service and the growing number of Artists and communities using it. It is about making HiveMind a place where diverse Artists and their communities feel excited, supported, and happy to exist, while still allowing for different—and sometimes even conflicting—points of view.
These guidelines summarise a thorough, thoughtful, and living internal policy that we spent time thinking about and defining. We are proud of these guidelines because we believe they will help Artists build a safe and supportive environment in which they can continue to create, share, and build intimate and lasting relationships with their patrons.
HiveMind is for Artists who put something original out into the world. As an Artist, you may not post creations that infringe on others’ intellectual property rights.
BULLYING, HARASSMENT, AND THREATS
HiveMind does not allow bullying or harassment because we want our Users to feel like a safe place for our various communities. At the same time, we want people to be able to express themselves, be critical, and discuss controversial issues.
We recognize that discussing celebrities, media or other public figures can sometimes involve harsh criticism, and we believe that is an appropriate part of free debate. However, we draw the line when it comes to harassing private figures or taking any action that might affect people’s physical safety, regardless of whether these people are private or public figures.
As much as we want you to be able to express yourself, we want all our users to have the right to express their opinion without feeling intimidated. Even the most difficult conversations should take place in the most respectful way. Here is how we define these behaviours.
You cannot attempt to intimidate anyone, either directly or by using your influence over others. We treat real-life interactions more seriously than online interactions when analysing whether a line has been crossed because it can be more threatening and lead to physical violence. When both sides engage in similar behaviour, such as feuds between public figures, we are less likely to act.
Anyone on HiveMind should be able to express their opinion in a way that does not threaten another person. In this respect, we take threats of violence very seriously. Any Artist or patron threatening the well-being of an individual or group of people will be removed. This includes threatening behaviour such as stalking or inciting others to commit violent acts.
If you are a victim of this behaviour and feel that your personal safety is at risk, we suggest you contact your local law enforcement, in addition to reporting the behaviour to us.
HiveMind connects Artists to their patrons all over the world. We are a global platform built on promoting creativity, which makes us a very inclusive group. Therefore, there is no room on HiveMind for projects funding hate speech, such as calling for violence, exclusion, or segregation. This includes serious attacks on people based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, age, disability, or serious medical conditions.
When reviewing an account for a potential hate speech violation, we consider some of the following questions:
This list is not exhaustive, but we want to be transparent about how we work in the grey areas between speech and action. There can be a fine line between political comments and hate speech. If you come across what you believe to be hate speech on HiveMind, please take the time to report it.
As we strive to create a community that is inclusive and diverse, we want to take into consideration our diverse user base of different ages and sensitivities. We ask Artists to flag themselves as 18+ if their creations may be considered inappropriate for people under 18 years of age. This may include nudity or discussion around sexuality.
We realize that the exact age of majority may change depending on where you are, but most places require a certain level of maturity to view these creations and engage in these activities.
We also require that all public posts on your page be appropriate for all audiences/ages. Posts with mature themes must be marked as “Patron Only.” It is important to note that we are not trying to create an arbitrary framework of “right” or “wrong,” but rather giving people the tools to view only what they feel comfortable with.
You can post nude creations on HiveMind of both real and fictional subjects. Posts with mature themes should be marked as “Patron Only”. This means that you cannot post nudity in public areas including your profile picture, banner, reward images or ‘about me’ section.
As a reminder, you should never post or share nude creations of any individual under the age of 18, including yourself. As a strong commitment to child safety, we will work with law enforcement whenever we come across child exploitation material. You can read more about our pornography policy in the next section.
Lastly, we understand that you may make a mix 18+ creations and other types of creations, and that is okay with us too. We will always review your work within its context. However, if you have concerns, please let us know and we will provide you with guidance on how to maintain a dual presence.
We do not allow pornographic material or sexual services on HiveMind, which we define as “real people engaging in sexual acts such as masturbation or sexual intercourse on camera.”
We understand that artists sometimes must push boundaries to create thought provoking art, so we do not review offensive and graphic creations with strict black and white guidelines, instead we review them in the context of the whole Artist page.
However, we have zero tolerance when it comes to the glorification of sexual violence which includes bestiality, rape, and child exploitation (i.e., sexualized depiction of minors). This is true for illustrated, animated, or any other type of creations. HiveMind reserves the right to review and remove accounts that may violate this guideline.
We also do not allow other fringe sexual fetish creations, such as incest, necrophilia, or fetish creations that is hard to distinguish from non-consensual sex.
We understand that some topics on this list such as incest or rape are a little bit more complicated because these situations are, unfortunately, part of real life. As a result, when reviewing these types of creations, the Trust and Safety team will take into consideration context including personal, historical, or educational narrative. For example, survivor stories or fiction such as Game of Thrones or Lolita are allowed on HiveMind.
(a) The Artist warrants and represents that (i) it is the sole Artist and author of the Work; it has the full power to enter into this Agreement; it is the sole owner of, or that it has authority to grant, all rights granted to HiveMind Productions; no material in the Work violates any contract of the Artist express or implied; the Artist has not previously assigned, pledged or otherwise encumbered the Work; no material in the Work discloses any information given to the Artist in confidence or on the understanding that it would not be disclosed or published.
(b) In the event of any asserted claim or legal proceeding by a third party based on an alleged violation of any of these warranties set forth in Paragraph 19(a) (“Claims”), HiveMind Productions shall have the right to defend the Claims by counsel of its own choosing. The Artist may retain the Artist’s own counsel at the Artist’s own expense. The Artist shall indemnify HiveMind Productions and any seller or licensee of rights in the Work against any damages or losses incurred including any amounts actually paid in settlement, as well as against the cost, including, but not limited to, reasonable attorneys’ fees, of defending any Claims (collectively “Losses”). No settlement of any Claim shall be made without the Artist’s prior written approval, such approval not to be unreasonably withheld or delayed; however, if the Artist wants to continue defending a Claim that HiveMind Productions wishes to settle, the Artist shall post a bond (in an amount, form, and content satisfactory to HiveMind Productions, taking into account the size of the Claim and the anticipated defines costs) securing HiveMind Productions, its licensees and sellers of the Work, and its insurers against any and all costs and expenses in excess of the amount at which HiveMind Productions was willing to pay to settle such Claim including, without limitation, any reasonable outside attorneys’ fees, judgments and penalties.
(c) If any Claims are received by HiveMind Productions or the Artist, the recipient shall promptly notify the other party. The Artist and HiveMind Productions shall fully cooperate with each other in the defence of any Claims. HiveMind Productions may, in addition to any other remedies, withhold payments due the Artist under this Agreement between the parties to cover the Artist’s indemnity obligations under this Paragraph 19. If no suit has been commenced within one (1) year following its initial assertion or if there is a final disposition or settlement of the Claims (or if the Claims are withdrawn) and the Artist has fulfilled the Artist’s indemnity obligations pursuant to this Paragraph 19 with respect to the Claims, HiveMind Productions shall promptly release to the Artist any amounts withheld and not utilised to satisfy the Artist’s indemnity obligations. The Artist’s failure to cooperate with HiveMind Productions in the defence of any Claims shall be deemed a breach of this Agreement. The Artist’s warranties and indemnities shall survive the termination of this Agreement.
(d) In the event that a third party infringes on the copyrights, trademark rights or any other rights related to the publication of the Work, the Artist and HiveMind Productions shall have the right to participate jointly in an action for infringement. If the Artist and HiveMind Productions both participate, they shall share the expenses of the action equally and shall recoup such expenses from any sums recovered in the action; the balance of the proceeds shall be divided equally between them. Each party shall notify the other of infringements coming to a party’s attention.
(e) If one party declines to participate in an action, the other may proceed. The party maintaining the action shall bear all costs and expenses. The Artist shall have the right to bring such suit with counsel of the Artist’s own choosing, at the Artist’s own expense provided that, if the Artist does so, HiveMind Productions may nonetheless participate in the case with counsel of its own choosing and at its own expense. If the Artist elects to bring such a suit, the Artist will not be responsible for HiveMind Production’s attorneys’ fees or costs.
The Artist shall retain an original copy of the Work, and HiveMind Productions shall not be responsible for the loss of or damage to the Work or any materials supplied by the Artist except in the event of HiveMind Production’s negligence.
The artist can terminate their membership at anytime. If an artist does not maintain their payment, their services will be terminated at the conclusion of that following paid month. After this process, HiveMind will take the necessary measures to remove your material and protect your personal information and artwork.
(a) Defaults: HiveMind Productions shall have the right to terminate this Agreement without prejudice to any other rights which it may have in the premises, whether pursuant to the provisions of this Agreement, or otherwise in law or in equity, upon the occurrence of any one or more of the following events (herein called “Defaults”) and the expiration of any applicable cure period set forth in subparagraph 25(b) below without cure:
(i) in the event of a Brand Discontinuance; or
(ii) If Artist materially breaches the Warranties and Representations set forth in Paragraph 19 or otherwise materially defaults in the performance of any of its obligations provided for in this Agreement; or
(a) Defaults: THE ARTIST shall have the right to terminate this Agreement without prejudice to any other rights which it may have in the premises, whether pursuant to the provisions of this Agreement, or otherwise in law or in equity, upon the occurrence of any one or more of the following events (herein called “Defaults”) and the expiration of any applicable cure period set forth in Subparagraph 26(b) below without cure:
(ii) If HiveMind otherwise materially defaults in the performance of any of its obligations provided for in this Agreement; or
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated, and signed by the Artist and HiveMind Productions at the time of acceptance of this contract shall be recognized as amendments to this contract.
This Agreement supersedes and cancels any previous understanding or agreements, whether written or oral, between the parties relating to the subject matter hereof, including any existing distribution agreement involving Altera semiconductor products. It expresses the complete and final understanding with respect to the subject matter hereof and may not be changed in any way except by an instrument in writing signed by authorised representatives of both parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorised representatives and to become effective as of the day and year first written above.
The HiveMind Site Terms of Use describe when and the conditions under which you can access or use the Site (www.HiveMindproductions.com.au). Please read these Site Terms of Use carefully before visiting our Site. Some visitors to our Site simply visit the publicly available portions of our Site or use the Site Services (“you” or “Site Visitors”). If you do not agree to these Site Terms of Use, you may not visit, use, or access the Site or Site Services as a Site Visitor, User or otherwise and may not click to accept the Terms of Service when prompted on the Site.
This section discusses the rights we give to you to allow you to use the Site, as detailed below:
As we describe in this Section 2.1, HiveMind grants you a limited license to access the Site and Site Services. This license is subject to and conditioned on compliance with the Site Terms of Use and, to the extent applicable, the rest of the Terms of Service.
We try to keep our Site and the Site Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might even stop providing the Site or Site Services completely or stop providing certain features without notice.
This clause explains that we can stop allowing you to use the Site, as detailed below:
HiveMind may terminate any license it has granted to any Site Visitor or User to access the Site and Site Services by providing notice, and the termination of such license shall be effective immediately upon HiveMind providing such notice.
This part explains that even though we let you use the Site, we still retain all our rights, as detailed below:
HiveMind and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Site Services. The HiveMind logos and names are trademarks of HiveMind and are registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners.
Nothing in the Terms of Service grants you a right to use any HiveMind Marks.
This section expresses that you are solely responsible for your use of the Site and any content you post on the Site, and that if someone makes a claim against HiveMind because of your content that you will pay HiveMind for our fees and expenses, as detailed below:
When you post User Content on the Site or through the Site Services or provide HiveMind with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you represent and warrant that you have the right, power, and authority to (a) post that User Content without violating the rights of third parties, and
(b) grant the licenses specified below.
You acknowledge and agree that the poster of User Content, and not HiveMind, is responsible for any User Content including any harms caused to you, another User, or a third party by such User Content.
You will indemnify, defend, and hold harmless HiveMind, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.
This explains that by posting content on the Site, you give others certain limited rights to that content, as detailed below:
You retain all ownership rights in any User Content you post on HiveMind. To the extent permitted by applicable law, you also grant to HiveMind and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site and HiveMind’s, our successors’ and Affiliates’ businesses, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User and each Site Visitor a
non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, and display such User Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of the Terms of Service, our Privacy Policy, and applicable law.
Here we explain when you can and what happens if you send your ideas to HiveMind, as detailed below:
You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place HiveMind under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) you grant us a perpetual and royalty-free license to use the Ideas without any additional compensation to you and to disclose the Ideas on a non- confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, HiveMind does not waive any rights to use similar or related ideas, including those known or developed by HiveMind or obtained from sources other than you.
This part details that third parties, including other Users, are responsible for content posted or linked on the Site, as explained below:
Any information or content expressed or made available by a third party or any other Site Visitor or User is that of the respective author(s) or distributor(s) and not of HiveMind. HiveMind neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than HiveMind’s authorized agents acting in their official capacities.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third- party websites via the Site. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third- party website accessed via the Site is on an “as is” and “as available” basis without any warranty for any purpose.
Here we explain what to do if you think content on the Site infringes your rights, as detailed below:
HiveMind is committed to complying with U.S. copyright and related laws and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by Australian copyright law.
If you are the owner of any copyrighted work and believe your rights under Australian copyright law have been infringed by any material on the Site, you may take advantage of certain provisions of the Commonwealth Copyright Act 1968, (“CCA”) by complying with HiveMind’s Proprietary Rights Infringement Reporting Procedures.
This entire section explains how you are allowed to use the Site, as detailed below:
HiveMind offers the Site and Site Services for your business purposes only and not for personal or household use. HiveMind makes the Site and Site Services available for Users to find one another, enter service relationships, make, and receive payments through equity payments at the completion of the project, and receive and provide Creator Services. The primary goal of the HiveMind Prints service is facilitate an automated prints service for artists who would otherwise not be able to do so; and provide sophisticated autonomous platform for those artists who are established to elevate their ability. While we try to ensure that any information, we post is both timely and accurate, errors may appear from time to time. You MUST adhere to the User Code of Conduct, as agreed on signup, that outlines strict behavioural guidelines to facilitate a positive creative environment for all Users. We do not make any representations or warranties with respect to any information that is posted on the Site by us or anyone else. In no event should any content be relied on or construed as tax or legal advice or otherwise. You should independently verify the accuracy of any content.
And this is the part about uses of the Site that are not allowed, as detailed below:
YOU MAY NOT USE, OR ENCOURAGE, PROMOTE, FACILITATE, INSTRUCT OR INDUCE OTHERS TO USE, THE SITE OR SITE SERVICES FOR ANY ACTIVITIES THAT VIOLATE ANY LAW, STATUTE, ORDINANCE OR REGULATION; FOR ANY OTHER ILLEGAL OR FRAUDULENT PURPOSE OR ANY PURPOSE THAT IS HARMFUL TO OTHERS; OR TO TRANSMIT, STORE, DISPLAY, DISTRIBUTE OR OTHERWISE MAKE AVAILABLE CONTENT THAT IS ILLEGAL, FRAUDULENT OR HARMFUL TO OTHERS.
The following are examples of uses that are prohibited on the Site or when using the Site Services:
are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature.
Expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis;
Posting identifying information concerning another person;
Spamming other Users with proposals or invitations or posting the same job multiple times so that more than one version remains active at a given time;
Making or demanding bribes or other payments without the intention of providing services in exchange for the payment;
Requesting or demanding free services, including requesting Creator to submit work as part of the proposal process for very little or no money or posting contests in which Creator submit work with no or very little pay, and only the winning submission;
Requesting a fee before allowing a User to submit a proposal;
withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or
HiveMind’s proprietary information, including:
attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or HiveMind; or
accessing or using the Site or Site Services to build a similar service or application, identify or solicit
HiveMind Users, or publish any performance or any benchmark test or analysis relating to the Site.
We reserve the right, but do not assume the obligation, to investigate any potential violation of this Section 4 or any other potential violation of these Site Terms of Use and to remove, disable access to, or modify any content on the Site. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Use or the User Agreement.
If you become aware of any violation of these Site Terms or Use, you must immediately report it to Customer Service. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Site Terms of Use.
Users of the Service may be Clients, Freelancers, or Agencies (as each is defined in the User Agreement available at www.hivemindproductions.com.au/legal).
When you use the Service, you may provide us with information about you. This may include your name and contact information, financial information to make or receive payment for services obtained through the HiveMind platform, or information to help us fill out tax forms. When you use the Service, we may also collect information related to your use of the Service and aggregate this with information about other users. This helps us improve our Services for you. You may also provide us with information about your contacts or friends if, for example, you’d like to add those contacts to a message room. Agencies may also provide us with information about Freelancers associated with the Agency.
Personal Information: In the course of using the Service (whether as a Creator or Patron or Member), we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Examples of Personal Information include your name, email address, company address, billing address, and phone number.
Payment Information: If you use the Service to make or receive payments, we will also collect certain payment information, such as credit card or other financial account information, and billing address. All Creators must have an ABN or ACN.
Identity Verification: We may collect Personal Information, such as your date of birth or taxpayer identification number, to validate your identity or as may be required by law, such as to complete tax filings. We may request documents to verify this information, such as a copy of your government-issued identification or photo or a billing statement.
General Audience Service: The Service is general audience and intended for users 16 and older. We do not knowingly collect Personal Information from anyone younger than age 16. If we become aware that a child younger than 16 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 16 and believe that HiveMind has collected Personal Information from your child, please contact us at: info@hivemindproductions.com.au.
Non-Identifying Information/Usernames: We also may collect other information, such as zip codes, demographic data, information regarding your use of the Service, and general project-related data (“Non-Identifying Information”). We may aggregate information collected from HiveMind registered and non-registered users (“HiveMind Subscribers”). In some cases, we may render Personal Information (generally, email address) into a form of Non-Identifying Information referred to in this Privacy Policy as “Hashed Information.” This is typically accomplished using a mathematical process (commonly known as a hash function) to convert information into a code. The code does not identify you directly, but it may be used to connect your activity and interests.
Combination of Personal and Non-Identifying Information: Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information, but HiveMind will treat the combined information as Personal Information.
Collection of Third Party Personal Information: We collect the following personal information from you about your contacts or friends: First name, last name, and email address when you provide it to us for the purpose of adding your contacts to a message room.
You do not have a statutory obligation to provide us with any information, but you may have a contractual obligation to do so, and if we do not receive certain information from you, then we will not be able to provide our Service to you. If you have any questions regarding whether provision of information is mandatory and the consequences for withholding such information, please contact us using the contact information below.
Third parties may also give us information about you. If we combine that information with information about you collected through the Service, we will still treat that combined information as set forth in this Privacy Policy.
We also may receive information about you from third parties. For example, we may supplement the information we collect with outside records or third parties may provide information in connection with a co-marketing agreement or at your request (such as if you choose to sign in with a third-party service). If we combine the information we receive from others with information we collect through the Service, we will treat the combined information as described in this Privacy Policy.
Like other online companies, we receive technical information when you use our Services. We use these technologies to analyse how people use the Service, to improve how our Site functions, to save your log-in information for future sessions, and to serve you with advertisements that may interest you.
We and our third party service providers, including analytics and third party content providers, may automatically collect certain information from you whenever you access or interact with the Service. This information may include, among other information, the browser and operating system you are using, the URL or advertisement that referred you to the Service, the search terms you entered into a search engine that led you to the Service, areas within the Service that you visited, which links you clicked on, which pages or content you viewed and for how long, other similar information and statistics about your interactions, such as content response times, download errors and length of visits to certain pages and other information commonly shared when browsers communicate with websites. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, and to improve marketing, analytics, and site functionality.
The information we collect also includes the Internet Protocol (“IP”) address or other unique device identifier (“Device Identifier”) for any device (computer, mobile phone, tablet, etc.) used to access the Service. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and our servers identify your device by its Device Identifier. Some mobile service providers may also provide us or our third party service providers with information regarding the physical location of the device used to access the Service.
In addition, we and our marketing partners, affiliates, analytics, and service providers may use a variety of other technologies (such as tags) that collect similar information for security and fraud detection purposes and we may use third parties to perform these services on our behalf.
HiveMind does respond to Do-Not-Track signals. We respect an individual’s right to total privacy.
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. HiveMind does alter its practices when it receives a “Do Not Track”
signal from a visitor’s browser. To find out more about “Do Not Track,” please visit
http://www.allaboutdnt.com .
The General Data Protection Regulation: Data Processing Agreement
To streamline compliance with the General Data Protection Regulation (“GDPR”), Upwork has posted a Data Processing Agreement (“DPA”) governing the relationship between the Customer (as defined in the DPA) acting as a data controller or processor, as applicable (and as defined in the DPA), of personal data under European Data Protection Legislation; and HiveMind (acting as a data processor or subprocessor, as applicable).
Unless otherwise agreed to in writing by you and HiveMind, to the extent HiveMind processes any EU personal data for you as a controller (as defined by the General Data Protection Regulation (EU) 2016/679) in your role as a Customer, the Data Processing Agreement applies.
User Profiles
Roles:
-“Member” : Content User
-“Patron” : Financial Contributor. “Solitude” – one off donation, “Active” – regular contributions, “Angel” – fully funded sole Patron.
-“Creator” : Content Creator / Service Provider
-“Artist” : Visual Artist
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-“Administrator” : Site Administrator / Customer Service / Mediation
Users may create a profile and nominate Member, Patron, or Creator; Administration are by elevation only, with certain or all information publicly available.
These users form a “Hive” to fulfill their roles and achieve the goals of the project. A “Hive” is specific to the project or Creator or Producer.
You may have the opportunity to create a profile, which consists of information about you, and may include Personal Information, photographs, examples of your work, information on work previously performed via the Service and outside the Service, skills, tests taken, test scores, hourly pay rates and earnings information, feedback/rating information and other information, including your username (“Profile”). The information in your Profile may be visible to all HiveMind Users and the general public subject to the privacy choices you make within your HiveMind Profile. You may edit certain information in your Profile via your account and may choose to limit who is able to view certain content you post to your Profile. Clients and Agencies of associated individual users or companies may also have the opportunity to create an organization Profile. If, in any case, you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us at info@hivemindproductions.com.au.
Project Listing and Crowd-funding (Broodfunding)
We collect information about a Creator’s work for a Patron, Producer, or other minds, including automatically collected information about work on a particular project. If a Creator enables Project Listings, we will share these listings with the relevant Client and Agencies. We tell Creators when we are capturing information for the Project Listings and allow Minds/Producers to block such data sharing.
As part of the Service, when enabled by a Creator, we collect information about a Creator’s work on a project and share it with relevant users of complimentary roles. This feature is known as the “Hive”. Hives include information provided by the Creator, Vendor, Producer, or Patron, such as project plans, designs, messages, timelines, and milestones. In order to use Job Posts, you must register an account and follow the necessary setup prompts. We will share information contained in Project Postings with the relevant Producer, Vendor, Patron, or other Creators and with any administrator of any applicable HiveMind Agency. We inform Freelancers each time we capture information for Project Listings and Crowd-Funding (Broodfunding).
Identity Verification
We place a premium on trust in our Service, so we may take steps to verify your identity.
Before a Creator can complete registration on the Service, or at any time thereafter, we may request or re- request identity verification. Without limiting the manner in which we request identify verification, we may require Creators to participate in a video call after submitting their government issued ID to enable us to confirm that the Creators is indeed the individual in the ID. We may record such video calls and take screenshots of the user during the call. HiveMind may use the information obtained from Identity Verification for purposes of verifying your identity, enforcing our Terms of Service and other agreements, and preventing fraud.
Vendors, Creators, Patrons, Members, and Administrators may communicate with each other through the Service. For example, Vendors, Creators, Patrons, Members, and Administrators may wish to discuss project needs and “Project work” proposals. If you communicate with an Creator or Patron, that Patron or Creator will also be a “data controller” with respect to such communications.
Communication on external platforms is permitted, however, users will be responsible for all record keeping related to the Project in accordance with HiveMind Records section as outlined in the User Agreement.
We may offer public forums or blogs. If you participate, your comments and questions will be publicly displayed.
The Service may provide you the opportunity to participate and post content publicly in forums, on blogs, through interactive features on HiveMind and through other communication functionality (“Community Forums”). You may choose, through such features or otherwise, to submit or post questions, comments, or other content (collectively, “User Forum Content”). Please note that certain information, such as your name and Profile may be publicly displayed on the Service along with your User Forum Content. Please note that your use of Community Forums is subject to the HiveMind Forum Rules and our Terms of Service.
Note that anything you post to a Community Forum is public— others will have access to your User Forum Content and may use it or share it with third parties. If you choose to voluntarily disclose Personal Information in your User Forum Content or use Community Forums to link to your Profile, that information will be considered public information and the protections of this Privacy Policy will not apply.
To request removal of your personal information from our blog or community forum, contact us at info@hivemindproductions.com.au. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
We display personal testimonials of satisfied customers on our Service, in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at info@hivemindproductions.com.au.
If you choose to post a Job Listing via the Service as a Creator, the contents of such listing will be viewable publicly, unless you designate the listing as only viewable through the Service or as private using the settings available in your account tab. Job Listing include information such as budget, location, history of work listing(s) by the Mind or Producer, the names of other Mind performing work for the Producer, Mind feedback and rating information and timing of project performance.
We collect feedback from HiveMind Users about their experience with other HiveMind Users of our Service. Please note that any feedback you provide via the Service or feedback provided about you is publicly viewable via the Service. On very rare occasions, we may remove feedback pursuant to the relevant provisions of our Terms of Service, including the Terms of Use.
HiveMind lets you send project postings to friends via email. HiveMind also offers the ability to send friends emails about providing or purchasing services through the Service. If you choose to use either feature,
your friend’s email address will be used to send the requested posting and your email address will be used to copy you on the message to your friend or to send the message on your behalf. HiveMind stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Your friend may contact us at info@hivemindproductions.com.au to request that we remove this information from our database.
You may register for an account directly with our Site, or through a social networking service. If you register with a social networking service (or later link your account to one), we will collect certain information about you from that social networking service, and what we collect depends on your privacy settings with that social networking service. The Service may also allow you to “like” or share content with social networking services.
You may register to join the Service directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook, Instagram, Google +) and other third party services that let you sign in using your existing credentials with those services). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender and other information you make publicly available via the SNS) to create your account. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of our Service, and HiveMind is not responsible for it.
The HiveMind Service also may permit additional interactions between it and a third party website, service, or other content provider, such as enabling you to “like” or share content to a third party SNS. If you choose to “like” or share content, or to otherwise share information from or via our Service with a third party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party). These features may collect your IP address, which page you are visiting on our site,
and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the respective privacy policies of those third parties.
You represent that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS, and without obligating HiveMind to pay any fees or making HiveMind subject to any usage limitations imposed by such SNS. You can disable the link between your HiveMind account and your SNS account at any time through the “Settings” section of our Service. Please note that your relationship with any SNS is governed solely by your agreement(s) with such SNS. If your SNS account terminates, then functions enabled through the link between your HiveMind account and your SNS account will terminate as well.
WE USE INFORMATION WE COLLECT:
We use your Personal Information for the purposes described above:
For Our Legitimate Interests. In many cases, we handle Personal Information on the grounds that it furthers our legitimate interests in commercial activities, such as the following, in ways that are no overridden by the interests or fundamental rights and freedoms of the affected individuals: Providing our Site and Service.
To Comply with Legal Obligations. We need to use and disclose Personal Information in certain ways to comply with our legal obligations.
Unless you request that we delete certain information, we retain the information you submit to verify your identity for 30 days and we retain other information we collect for at least 5 years. Your information may persist in copies made for backup and business continuity purposes for additional time. If you choose to provide us with Personal Information, we encourage you to routinely update the data to ensure that we have accurate and up-to-date information about you.
We may share aggregated Non-Identifying Information and we may otherwise disclose Non-Identifying Information (including, without limitation, Hashed Information) to third parties. We do not share your Personal Information with third parties for those third parties’ marketing purposes unless we first provide you with the opportunity to opt-in to or opt-out of such sharing. We may also share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information, with your consent, as otherwise described in this Privacy Policy, or in the following circumstances:
HiveMind works with (or may in the future work with) network advertisers, ad agencies, analytics service providers and other vendors to provide us with information regarding traffic on the Service, including pages viewed and the actions taken when visiting the Service; to serve our advertisements on other websites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Service and the effectiveness of our advertisements. Our service providers may collect certain information about your visits to and activity on the Service as well as other websites or services, they may set and access their own tracking technologies on your device, and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the Service or other online websites and services. We may also share certain Non-Identifying Information with these parties, including Hashed Information, in connection with the services they provide to us.
While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self- Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp , which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program.
Registered HiveMind Users may update their choices regarding the types of communications you receive from us through your online account. You also may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Service (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications. You may opt-out of receiving text messages by replying “STOP” to any text message received. Registered HiveMind Users who access the Service by using an HiveMind mobile application may, with permission, receive push notifications.
Similarly, registered HiveMind Users who access the Service by using certain desktop browsers may, with permission, receive push notifications. Notification preferences can be modified in the settings menu for the mobile application or the applicable browser.
All Users may request access to or correction of any Personal Information we have about them or close their account and/or request deletion of all Personal Information we have about them. In certain jurisdictions, Users may have certain rights with regard to their Personal Information. We will honour User requests to the extent we can reasonably do so and as required by law, but some information will remain on the Services, such as information you posted publicly.
Upon request HiveMind will provide you with information about whether we hold any of your personal information. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. You may access, correct, or request deletion of your personal information by making updates to that information or by contacting HiveMind through your online account. If you request to access all personal information you’ve submitted, we will respond to your request to access within 30 days or as otherwise required by law. If your information is deleted, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Service. If you would like to close your account in our system, you can do so through the HiveMind Service (once you have logged in, visit settings / user settings, and then click on the close my account link).
Depending on where you are located, you may have certain rights with regard to your Personal Information (including, in certain cases, under the Privacy Shield, described below). For example, if you are located in the European Economic Area (“EEA”), in addition to the rights described above, you may contact us at the contact information provided below to (1) request a restriction on the processing of your Personal Information, (2) object to the processing of your Personal Information, or (3) exercise other rights with respect to your Personal Information. HiveMind uses automated means to calculate the HiveMind User Rating of Creators. If you believe that our services have miscalculated your HiveMind User Rating or you would like to exercise any other rights with regard to your Personal Information, please email us at info@hivemindproductions.com.au for assistance. We may be able to assist you by conducting a manual review of your HiveMind User Rating, such as by assessing whether the information you’ve provided us is accurate. While we strongly encourage you to first raise any questions or concerns about your Personal Information directly with us, you have a right to lodge a complaint with the relevant supervisory authority and to seek judicial remedy.
We will use commercially reasonable efforts to honour your requests for deletion; however, certain information will actively persist on the Service even if you close your account, including information in your Job Listings and messages you posted to the Service. In addition, the rights described above may be limited, for example, if fulfilling your request would reveal personal information about another person, or if you ask us to delete information we are required by law to keep or have compelling legitimate interests in keeping (such as for fraud prevention purposes). Your Personal Information may remain in our archives and information you update or delete, or information within a closed account, may persist internally for our administrative purposes, to the extent permitted by law. In addition, we typically will not remove information you posted publicly through or on the Service. Bear in mind that neither you nor HiveMind can delete all copies of information that has been previously shared with others on the Service.
We take a number of steps to protect your data, but no security is guaranteed.
HiveMind takes commercially reasonable steps to help protect and secure the information it collects and stores about HiveMind Users. All access to the Site is encrypted using industry-standard transport layer security technology (“TLS”). When you enter sensitive information (such as tax identification number), we encrypt the transmission of that information using secure socket layer technology (“SSL”). We also use HTTP strict transport security to add an additional layer of protection for our HiveMind Users. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your Personal Information, HiveMind cannot ensure and does not warrant the security of any information you transmit to us.
HiveMind is an Australian company. If you are located outside Australia and choose to provide information to us, HiveMind transfers Personal Information to Australia for processing, and our service providers may process Personal Information in Australia, the United States and elsewhere. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to the United States, we will protect it as described in this Privacy Policy. When we transfer your information to the EU, we will protect it as described in this Privacy Policy.
When we transfer Personal Information from territories in the EEA or with similar laws to our affiliates or service providers in the United States and elsewhere outside the EEA, we rely on approved data transfer mechanisms, including standard contractual clauses approved by the European Commission and the Privacy Shield, as described below. You may request a copy of the standard contractual clauses relevant to your Personal Information, if any, using the contact information below.
HiveMind Productions, has certified that their Australian operations adhere to the EU-U.S. and Swiss-
U.S. Privacy Shield Frameworks (“Privacy Shield”) with respect to the Personal Information that they receive in reliance on the Privacy Shield. Our Privacy Shield certification is available at https:// www.privacyshield.gov/list . To learn more about the Privacy Shield program, please visit https:// www.privacyshield.gov .
When HiveMind or one of its affiliates receives Personal Information under the Privacy Shield and then transfers it to a third party service provider acting as an agent on their behalf, HiveMind or its affiliate may have certain responsibility under the Privacy Shield if both (i) the agent processes the information in a manner inconsistent with the Privacy Shield and (ii) HiveMind or its affiliate is responsible for the event giving rise to the damage.
Covered European residents should contact HiveMind at the contact information below regarding HiveMind’s or its affiliates’ compliance with the Privacy Shield. HiveMind will attempt to answer your questions and satisfy your concerns in a timely and complete manner as soon as possible. If, after discussing the matter
with HiveMind, your issue or complaint is not resolved, HiveMind and the above-named affiliates have agreed to participate in the Privacy Shield independent dispute resolution mechanisms listed below, free of charge to you.
For other Personal Information HiveMind or its affiliates receive under the Privacy Shield, HiveMind and its affiliates have committed to refer unresolved privacy complaints under the EU-U.S. and Swiss-U.S. Privacy Shield Principles to an independent dispute resolution mechanism, JAMS Privacy Shield Dispute Resolution, operated by JAMS. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.
HiveMind is committed to the highest standard of privacy and security for all of its members globally. For this reason we are also aligned with the Cross-Border Privacy Rules System (CBPRs) for the Asia-Pacific region; as outlined by the Asia-Pacific Economic Cooperation (APEC). The APEC CBPR System requires participating businesses to implement data privacy policies consistent with the APEC Privacy Framework. These policies and practices must be assessed as compliant with the program requirements of the APEC CBPR System by an Accountability Agent (an independent APEC CBPR system recognised public or private sector entity) and be enforceable by law.
Our Service contains links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. We encourage you to read the privacy policies or statements of the other websites you visit.
The profile you create on our Site will be publicly accessible unless otherwise indicated. You may change the privacy settings of your profile through your account portal.
Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to HiveMind. In addition, if you believe you have received an email or had a similar interaction with a third party pretending to be HiveMind, please report it at info@hivemindproductions.com.au.
HiveMind may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are substantial changes to the way we treat your Personal Information, we will display a notice through the Services prior to the change becoming effective. We may also notify you by email, in our discretion. However, we will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy.
If you have any questions about this Privacy Policy, please contact us at info@hivemindproductions.com.au, or by mail addressed to HiveMind Productions, Attn: Legal, POBOX 94, BASSENDEAN, 6934, WESTERN AUSTRLAIA, AUSTRLAIA.