HiveMind Gallery

Spirit of Agreements:

  1. Artist always retains 100% copyright of their work.
  2. HiveMind provides its automated prints service for a monthly fee and minority % of sales.
  3. All profits are on NET. This means that production, shipping and administration charges are paid before profit is disbursed.
  4. No payment information is held by HiveMind for your peace of mind and security.
  5. User’s (customers) cannot resell prints purchased from HiveMind automated prints service. 

BACKGROUND

  1. The Artist is seeking a platform to market and distribute their visual art via an automated print service.
  2. HiveMind Productions is seeking to provide all agreed services to support the Artist towards completion of their project and ongoing ventures.
  3. HiveMind Productions believes that the Artist should be independent, with regards to ownership and final authority, protected, and commercially empowered.

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:

 

RECOGNITION OF PRE-READING AND ASSOCIATED DOCUMENTATION

The Artist hereby agrees to having read and fully understood the terms set forth in the following documentation:

  1. User Agreement
  2. Privacy Policy
  3. Proprietary Rights Infringement Procedures
  4. Intellectual Property and Two-Way Disclosure

1. SPIRIT OF AGREEMENT

  1. The Artist hereby agrees to engage in the HiveMind site and its automated print service, including;
  2. Maintain a presentable profile that adequately represents the Artist(s)/brand.
  3. HiveMind hereby agrees to represent the best interests of the Artist across all mediums and Projects.
  4. HiveMind will endeavour to provide any services to accelerate and ensure the greatest potential success.

2. TERM OF AGREEMENT

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.  

3. AUTONOMY

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.

4. FEE STRUCTURE

Our fee structure is dynamic and aims to accommodate any commercial preference of the Artist.

5. GALLERY MEMBERSHIPS

5.1      Basic;

TLDR; $7.50 USD a month. 70% NET PROFIT on all prints.

  • 3 images listed
  • 70% net profit on prints
  • 1 gallery change credit every 90 days

5.2      Artisan;

TLDR; $15.00 USD a month. 70% NET PROFIT on all prints.

  • 10 images listed
  • 70% net profit on prints
  • Personalised emails to your customers
  • 1 gallery change credit every 60 days
  • High priority customer service

 

6. ACCOUNTING AND PAYMENT

  1. HiveMind processes all gallery transactions immediately at the point of purchase. At this time, depending on your account accesses and the type of product, the necessary costs will be paid, the HiveMind commission applied, and the remaining profit transferred to the artist.
  2. The Artist may propose royalty deductions may be proposed for: deep discounts, special sales, mail order, premium sales, small print runs.

 

8.1 COPYRIGHT

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.

 

7. CODE OF CONDUCT

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.

 

7.1 AUTHENTICITY

 

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.

  • You cannot create fake pages or collect money for things you are not actually doing. For example, you cannot create a fan page for someone else.
  • You cannot pretend to be or impersonate someone else by using the name, brand or works of another to deceive patrons. We will review satire and comedy in a different way as we believe these subgenres are original creations.
  • You also cannot use HiveMind as a prank or to fund non-activity. For example, a Artist cannot collect funds for *not doing* something, such as, I will stop tweeting videos of playing the harmonica badly if I reach a certain amount per month.

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.

 

9.2 BULLYING AND HARASSMENT:

 

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.

 

9.3 THREATS:

 

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.

 

9.4 HATE SPEECH

 

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:

  • Do the creations have historical or educational value? For example, we do not allow the use of the swastika for propaganda and promoting hate, but it would be acceptable to use it in an educational video to talk about Germany under the Third Reich.
  • Is there a call for violence against someone based on a characteristic like those listed above?
  • Does the Artist glorify a group that is known to support ideologies that would be classified as hate speech under this policy?
  • Is the Artist using racial slurs or negative depictions of someone based on a characteristic like those listed above?

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.

 

9.5 18+ CREATIONS

 

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.

 

9.6 NUDITY:

 

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.

 

9.7 PORNOGRAPHY AND SEXUAL SERVICES:

 

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.”

 

9.8 OFFENSIVE AND GRAPHIC CREATIONS:

 

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.

 

10. WARRANTIES AND INDEMNITIES.

 (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.

 

11.ORIGINAL WORK.

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.

 

12. TERMINATION

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.

12.1 TERMINATION BY HIVEMIND

(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

12.2 TERMINATION BY ARTIST

(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

13. SERVIBILITY:

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.

14. AMENDMENTS:

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.

15. COMPLETE AGREEMENT

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.

  1. INTRODUCTION

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.

 

2.   LICENSES AND THIRD-PARTY CONTENT

  • HIVEMIND’S PROVISION OF THE SITE AND LIMITED SITE LICENSE

 

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.

 

  • TERMINATION OF THE LIMITED SITE LICENSE

 

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.

 

  • HIVEMIND’S INTELLECTUAL PROPERTY

 

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.

 

 

  • THE CREATOR’S INTELLECTUAL PROPERTY

 

  • YOUR OBLIGATIONS AND YOUR INDEMNIFICATION OF HIVEMIND

 

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.

 

  • YOUR RIGHTS AND LICENSE TO HIVEMIND AND OTHER SITE VISITORS

 

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.

 

  • CREATOR COMMENTS AND IDEAS

 

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.

 

  • THIRD-PARTY INTELLECTUAL PROPERTY

 

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.

 

  • COMPLAINTS ABOUT COPYRIGHTED CONTENT ON THE SITE

 

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.

 

3.   PERMITTED SITE USES

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.

 

4.   PROHIBITED SITE USES

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.

 

  • EXAMPLES OF PROHIBITED USES OF THE SITE

 

The following are examples of uses that are prohibited on the Site or when using the Site Services:

 

  • Seeking, offering, promoting, or endorsing and services, content, or activities that:

are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature.

  • would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website.
  • would violate (a) HiveMind’s Terms of Service, (b) the terms of service of another website or any similar contractual obligations, or (c) the academic policies of any educational institution.
  • regard the creation, publication, distribution of “fake news”, “hoax news” or similar false content purposefully intended to mislead readers for financial or other gain.
  • regard or promote in any way any escort services, prostitution, or sexual acts; or

 

  • are harassing toward another person based on the person’s inclusion in a protected class as defined by applicable law;

 

 

  • Fraudulent or misleading uses or content, including:
    • fraudulently billing or attempting to fraudulently bill any Client, including by (i) falsifying or manipulating or attempting to falsify or manipulate the hours, keystrokes, or mouse clicks recorded in the HiveMind Service, (ii) reporting, recording, or otherwise billing Clients for time that was not actually worked, or (iii) reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading or false;
    • misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own.
    • using a profile photo that misrepresents your identity or represents you as someone else.

 

  • impersonating any person or entity, including, but not limited to, a HiveMind representative, forum leader, or

 

  • falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • falsely stating or implying a relationship with another User, including an Agency continuing to use a Creator’s profile or information after the Creator no longer works with the Agency.
  • falsely attributing statements to any HiveMind representative, forum leader, guide or host.
  • Falsely stating or implying a relationship with HiveMind or with another company with whom you do not have a relationship;
  • allowing another person to use your account, which is misleading to other Users; or
  • falsely stating that one Creator will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Creator that is unable, unwilling, or unavailable to do the work;

 

 

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;

 

  • Attempting to or actually manipulating or misusing the feedback system, including by:

withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User;

  • attempting to coerce another User by threatening to give negative feedback;

 

  • expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system;
  • providing anything of value to any person (including to a third-party who provides assistance in obtaining feedback) or using any service of any type in order to obtain feedback; or
  • offering services for the sole purpose of obtaining positive feedback of any kind;

 

 

  • Duplicating or sharing accounts;

 

  • Selling, trading, or giving an account to another person without HiveMind’s consent;

 

  • Sharing or soliciting contact information, such as email, phone number, or Skype ID, in a profile or job post;

 

  • Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for
  • other websites, products, or services, including advertising on HiveMind to recruit Creators and/or Clients to join an Agency or another website or company;
  • interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site;
  • bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
  • attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
  • using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
  • attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
  • collecting or harvesting any personally identifiable information, including Account names, from the Site;

 

  • attempting to or imposing an unreasonable or disproportionately large load (as determined in HiveMind’s sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise  interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of HiveMind or any third party;
  • accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
  • framing or linking to the Site or Site Services except as permitted in writing by HiveMind

 

 

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.

 

 

  • ENFORCEMENT

 

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.

 

  • REPORTING AND CORRECTING VIOLATIONS

 

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.

 

HiveMind Productions

1.   INFORMATION COLLECTION

 

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).

 

Information You Provide to Us

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.

Information Received from Third Parties

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.

Information Collected Automatically

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.

HiveMind and its partners use cookies or similar  technologies to analyse trends, administer the website, track users’ movement around the website, the desktop app, and the mobile app, and to gather demographic information about our user base as a whole. The technology used to collect information automatically from HiveMind Users may include the following:

  • Cookies: Like many websites, we and our marketing partners, affiliates, analytics, and service providers use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use both persistent cookies that remain on your computer or similar device (such as to save your registration ID and login password for future logins to the Service and to track your compliance with the HiveMind Productions Terms of Service) and session ID cookies, which expire at the end of your browser session (for example, to enable certain features of the Service, to better understand how HiveMind Users interact with the Service and to monitor aggregate usage by HiveMind Users and web traffic routing on the Service). You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functionality of the Service. For further information on cookies and how they are used for the Service, please visit our Cookie Policy at www.hivemindproductions.com.au/legal.
  • Web Beacons: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as “web beacons” and/or “tracking tags” to help us keep track of what content on our Service is effective and to serve relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, and which are used to track the online activity of Internet users. Web beacons are embedded in the web pages you review or email messages you receive. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to our Service, to monitor how HiveMind Users navigate the Service, to count how many emails that were sent were actually opened, or to count how many particular articles or links were actually viewed.
  • Embedded Scripts: We and our marketing partners, affiliates, analytics, and service providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from 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.

HOW  WE  RESPOND TO DO NOT TRACK SIGNALS

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

                                                                     _

-“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.

Messaging

 

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.

Community Forums

 

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.

Testimonials

 

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.

Work Listings Through the Service

 

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.

Feedback

 

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.

Email to Friends and Referral Program

 

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.

Social Networking Services

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.

2.   USE OF INFORMATION

We use information collected through the Service to provide and improve the Service, process your requests, prevent fraud, provide you with information and advertising that may interest you, comply with the law, and as otherwise permitted with your consent.

WE USE INFORMATION WE COLLECT:

 

  • To provide and improve the Service, complete your transactions, address your inquiries, process your registration, verify the information you provide is valid, and for compliance and internal business purposes.
  • To contact you with administrative communications and Upwork newsletters, marketing or promotional materials (on behalf of HiveMind or third parties) and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the instructions in Section 6. Your Choices and Rights.
  • To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online.
  • To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent.
  • To assess your proposal to perform a Hive project for HiveMind and prepare related governmental and internal statistics reports.
  • To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of HiveMind or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify HiveMind Users.
  • For the purposes disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy.

We use your Personal Information for the purposes described above:

 

  • To Honor Our Contractual Commitments to Much of our processing of Personal Information is to meet our contractual obligations to our investors, or to take steps at Users’ request in anticipation of entering into a contract with them.

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.

  • Analyzing and improving our business.

 

  • Communications, including marketing and responding to your inquiries about our services. Addressing information security needs and protecting our Users, Upwork, and others.
  • Managing legal issues.

 

 

To Comply with Legal Obligations. We need to use and disclose Personal Information in certain ways to comply with our legal obligations.

 

3.   DATA RETENTION

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.

 

4.   INFORMATION SHARING AND DISCLOSURE

We may share information about you to provide the Services, for legal and investigative purposes, in connection with sweepstakes and promotions, or if we are part of a merger or acquisition. We may also share non-identifying information with third parties. You have choices as to whether we share your personal information with third parties for their own marketing purposes.

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:

  • Information about Creators and Patrons shared with each other, HiveMind, Agencies, HiveMind Payroll Vendors (Stripe, PayPal, AffiliateWP, Multi-Vendor MarketPlace). We share information regarding Creators, Members, and Patrons who have elected to participate in their “Hive” Service with the above agencies. Note that if a Creator is suspended from the HiveMind Service, we may share that information with Patrons, Producers, or other Creator, for whom that Creator has worked or submitted proposals for work. We may also share information with Agencies to whom Creators are associated for a particular work project. If you choose to view a job post or submit a proposal for work as a Creator via the Service, we may share relevant information with the applicable Client(s), including, but not limited to, the information contained in your User Profile.
  • Information about Creators and Members shared with Members and Patrons: If you have entered into a service contract or agreed to use HiveMind Payroll with another user, we may provide him/her with your name, company address, billing address, or tax ID or VAT number in order to complete the transaction or to facilitate the resolution of a claim or dispute. The user receiving your information is not allowed to use it for purposes unrelated to the transaction, such as to contact you for marketing purposes, unless you have expressly consented to it.
  • Service Providers: We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services (e.g., without limitation, maintenance services, database management, web analytics and online advertising, payment processing, fraud detection and improvement of HiveMind’s features) or to assist us in analysing how our Service is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf.
  • What Happens If You Agree to Receive Information from Third Parties or Request that We Share Your Information: You may be presented with an opportunity to receive information and/or marketing offers from one or more third parties. If you agree at that time to have your Personal Information shared, your Personal Information will be disclosed to that third party (or parties) and will be subject to the privacy policy and practices of that third party. We are not responsible for the privacy policies and practices of third parties, and, if you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly. You also may request, sometimes through your use of an SNS or similar interactive feature or third party application, that we share information about you with a third party and we will typically do so under those circumstances.
  • Legal and Investigative Purposes: HiveMind will share information with government agencies as required by law in response to lawful requests by public authorities, including to meet national security or law enforcement requirements and, including without limitation, in connection with reporting We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), or, at the request of governmental authorities or other third parties conducting an investigation where we determine in our sole discretion the disclosure is necessary to (a) protect the property and rights of HiveMind or a third party, (b) protect the safety of the public or any person, or (c) prevent or stop activity we may consider to be, or pose a risk of being, illegal, fraudulent, unethical or legally actionable activity.
  • Internal and Business Transfers: HiveMind may share information, including Personal Information, with its parent company HiveMind Productions, and any current or future subsidiaries or affiliates, primarily for business and operational purposes. We may sell, transfer, or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy.
  • Sweepstakes, Contests, and Promotions: We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing

 

  • to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.

 

5.   THIRD-PARTY PROGRAMS

We may work with advertising agencies and vendors who use technology to help us understand how people use our Site. These vendors may use technologies to serve you advertisements that may interest you. You can choose to opt out of receiving interest-based advertising.

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.

 

6.   YOUR CHOICES AND RIGHTS

You have certain choices regarding how we may communicate with you.

 

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.

 

7.   SECURITY

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.

 

8.   INTERNATIONAL TRANSFER OF PERSONAL INFORMATION

Because we are an Australian company, we process and store your information in Australia and our service providers may process and store it elsewhere.

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.

 

9.   PRIVACY SHIELD NOTICE

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.

 

10.               LINKS TO OTHER SITES

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.

 

11.               PUBLIC PROFILE

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.

 

12.               PHISHING

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.

 

13.               CHANGES TO THIS POLICY

We may change this Privacy Policy. If we make substantial changes, we will provide notice.

 

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.

 

14.               CONTACTING US

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.

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