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PRIVACY AND COOKIES POLICY

This document is published to state the rules and regulations, Privacy and Cookies Policy (hereinafter referred to as the “Privacy Policy”) for access or usage of www.jobseaker.com.au (hereinafter referred to as the “Website”).

This Privacy Policy constitutes a legally binding agreement between Users (as defined below) of the Website and ESEA SOLUTIONS (hereinafter referred to as the “SiteOwner”) in relation to the Website including any subdomains and any other third party websites through which the SiteOwner makes available its products and services, whether directly or indirectly.

This Privacy Policy forms an integral and indivisible part of the Terms and Conditions Agreement of the SiteOwner and the two documents are not mutually exclusive and should be read in conjunction with each other.  The use and/or continued use of the Services (as defined below) by Users constitute his/her/its consent and agreement to the terms of this Privacy Policy and the Terms and Conditions of the SiteOwner in respect of the Services and the Website. If Users do not agree to be bound by this Privacy Policy and/or the Terms and Conditions, they should immediately cease to use the Services and the Website.

The Privacy Policy provides Users information on the basis and terms on which the SiteOwner is prepared to allow Users to access the Website for the purposes of making use of the Services and products offered on the Website and details relating to information and data on User collected during their use of the Website and the Services.

By continuing to use the Website Users expressly agree to the terms and conditions of our Privacy Policy.

The SiteOwner reserves at all times the right to make changes to this Privacy Policy at its sole and absolute discretion. SHOULD USERS BE UNHAPPY WITH ANY FUTURE CHANGES FOR ANY REASON WHATSOEVER, USERS MUST IMMEDIATELY CEASE TO USE THE WEBSITE. IF USERS CONTINUE TO USE THE WEBSITE THEY ARE DEEMED TO EXPRESSLY AGREE TO EACH INSTANCE SUCH CHANGES ARE MADE.

In this Privacy Policy, unless there is something in the subject matter or context inconsistent therewith, the following terms and expressions will have the following meanings:

"Content"

Any and all images, text, information, data, audio, video, graphics, computer code, software, and other material provided on or through the Website and the Services.

“Cookie”

Cookies are tiny files which contain slivers of data and information, which may or may not include, an anonymous unique identifier in relation to whom the cookie is directed. It is a tiny file of text that a website transfers and stores on Users’ devices with the purpose of tracking Users’ movements within the website and their interaction with the various components and features of the website. These files facilitate to improve and enhance the user’s website experience and record their preferences. Cookies do not seek to control the devices on which they are stored and nor are they damaging, and nor do they extract Users’ personal information from their device. The cookies will reside on the device(s) until they expire or are deleted.

“Employer”

Any person or business entity, whether incorporated or not, that registers an account on the Website as an Employer and posts details of a job vacancy on the Website whether on their own behalf or on behalf of one or more third parties.

“JobSeeker”

Any person who registers an account on the Website as a JobSeeker and who may apply for one or more job vacancies posted on the Website by Employers.

“Registered   User” or  “You”

The person or legal entity who creates a user account on the Website as an Employer or as a JobSeeker by following the prescribed registration process in order to be able to use of the Website and the Services.

“Services”

Through the Website, the SiteOwner provides Registered Users access to an online marketplace for Employers to advertise their job vacancies relating to the Maritime industry and provides JobSeekers the opportunity to apply for the vacant positions advertised by Employers. For utilisation of the Services, the SiteOwner provides Registered Users the option to buy plans on various tiers offering different levels of services and these services are collectively referred to in this Terms and Conditions as the Services. Use of the Services is only available only to Registered Users of the Website.

“SiteOwner”  "or “Us” or “We”

www.jobseakers.com.au and all its related software, applications and related services and all intellectual property therein are the sole and exclusive property of ESEA SOLUTIONS, a business entity registered in Australia.

“TOC”

The Terms and Conditions in relation to the Services,  the Website as set out herein, inclusive of but not limited to, all the express and implied terms and conditions set out herein for the use of the Services and the Website and shall also include without limitation the Privacy Policy, Cookie Policy, Disclaimer and Copyright Policies which form an indivisible part of this Terms and Conditions except as otherwise provided herein.

“User” or “Users”

Any and all persons and/or entities that use any part of the Website for any purpose whatsoever no matter the duration or circumstances of such use and shall for all purposes include Registered Users.

“Website”

www.jobseakers.com.au, which is owned, developed and operated by the SiteOwner.

“Working Day”

Shall mean any day on which banks are legally open for business in Australia.

 

1.Who We Are And What We Do

The SiteOwner is a business entity that undertakes activities relating to the provision of an online marketplace

for Employers to advertise their job vacancies relating to the Maritime industry and provide JobSeekers the

opportunity to apply for the vacant positions advertised by Employers. For utilisation of the Services, the

SiteOwner provides Employers the option to buy plans on various tiers offering different levels of services.

These services are collectively referred to in this Terms and Conditions as the Services. Use of the Services is

only available only to Registered Users of the Website.  

Data is collected on Users for the purpose of analysing the usage of the Website and the effectiveness and efficiency of the SiteOwner’s activities for the marketing and promotion of the Website.         

 2. Basis For Collecting Information

As regards to Users, the SiteOwner collects various information ranging from the site from which they arrived or were referred from, the pages visited, the functions used, how long was spent on each page or function, how long Users were on the Website, from which page Users exited the Website. All this information and data is collected on an anonymous basis and Users cannot be personally identified using this information and data.

We will also collect names, addresses, contact details and email addresses when Employers and JobSeekers register an account on the Website in order to access and use the Services. In this instance the information collected can identify Users and it is only collected with the consent of Users through the affirmative action of filling in the requisite form and submitting it.

The SiteOwner’s legal basis for collecting information is based on the following:

a)                   User’s consent to collect personal information (note that Users are entitled to withdraw their consent at any time by giving the SiteOwner a written notice) through an affirmative action;

b)                  It requires the information in order to be able to provide User with the products and services they have requested and/or purchased from the SiteOwner;

c)                   It has a legitimate business interest for collection Users’ personal information – e.g improving the performance of the Website; and

d)                  It is legally required to collect it.

 3. Why Data And Information Is Collected

The SiteOwner collects certain information about the Registered User and his/her/its use of the Services and the Website. The SiteOwner also collects information on every User who visits the Website but does not register an account. The information collected may be used as follows:

a)                   To allow the SiteOwner to analyse the use of the Services and the Website to enable the SiteOwner to improve the breath and quality of the Services, the Website and User experience offered to all Users;

b)                  To allow the SiteOwner to analyse which parts of its marketing efforts are working best to attract new users to the Services and the Website and allow the SiteOwner to more efficiently use its resources;

c)                   To allow the SiteOwner to learn about the preferences of Users so as to be able to offer better directed services to them;

d)                  In some instances, the SiteOwner may be required by law to collect Users’ personal information.

Except insofar as working with third parties to analyse data and develop marketing and business strategies, the SiteOwner does not share, lease, sell or otherwise deal in Users’ data or information and the SiteOwner  does not disclose the identity, address or financial details of Users to anyone. All information, if any, shared with our third party vendors is on an anonymous basis or pseudonymized basis.

The SiteOwner will use its best efforts to preserve and protect the privacy of Users. The SiteOwner’s systems are designed to ensure the best possible protection against unauthorised use of the Services and the Website and all content and information and data that reside thereon, including that of all Users.

 4. Information Sources

The SiteOwner is able to collect personal data of Users in various ways. These include, but are not limited to,

the following methods:

4.1       Information Provided by Users to the SiteOwner

This type of information collection falls into the following categories:

a)                   Pre-Registration Questionnaire;

b)                  Registration;

c)                   Submissions of forms;

d)                  Interactions of Users with the SiteOwner.

4.2       Information We Collect

This type of information collection falls into the following categories:

a)                   Information from browsers, devices and servers;

b)                  Cookies and other tracking technologies;

c)                   Application logs;

d)                  Analytics.

4.3       Information Secured From Third Parties

In Some instances, we may in exceptional circumstances secure personal information from third party sources:

a)                   Users’ registration using external authentication services;

b)                  Referrals;

c)                   Reselling partners and service providers, if any;

d)                  Social media sites;

e)                   Publicly available sources.

5. Types Of Data Collected

Users’ personal information can be collected by us at various stages of their interaction with the Services and

the Website. For examples cookies can start to track interaction of Users with the Website as soon as Users

land on the Website. Also, when Users register an account with us to become a Registered User additional

information is collected.

To assist the SiteOwner in providing Users an efficient and high-quality service and user experience and to enable the SiteOwner to better develop its business and the services it offers, the SiteOwner collects the following types of data:

a)      Personal And Financial Data

For the purpose of processing orders and payments and for security verification purposes, the SiteOwner may collect the following personal data:

·      First, Middle and Last Names and Titles or Name of Organization;

·      Address – including City, Province State, and Postal/Zip Code;

·      Email address;

·      Phone number;

·      Age;

·      Users’ geographic location and IP address;

·      Other information relevant to the provision of the Services;

·      Payment information, where relevant.

 

b)      Usage Data

For modelling purposes, the SiteOwner may use cookies and other techniques to collect information on how the Services and the Website are accessed and used by Users. This enables the SiteOwner to develop Usage Data which may include the following elements:

·         The User’s Internet Protocol address;

·         Type of browser being used and browser version;

·         The page from which Users landed on the Website and the page of the Website on which Users landed;

·         The pages of the Website Users visited and the services accessed;

·         The times of entry into and exit out of the Website and the duration spent on the Website;

·         The type of device used bu Users to access the Website;

·         Users’ unique mobile device ID, if any;

·         Unique device identifiers and other diagnostic data;

·         To ensure continuous availability of Services, analysis of crash logs allow the SiteOwner to debug in its systems.

c)                   Mailing Lists

To assist us in our marketing and advertising campaigns, the SiteOwner maintains a mailing list. We may make offers to Users on the Website through the use of popups. These offers will usually offer Users an item or service in exchange for Users’ information and request that Users opt into our mailing list to be able to receive future offers by way of emails. In this process, we may collect:

·         Name and contact details.

·         Other information, such as job title and the company Users work for.

·         Areas or topics that interest Users.

·         Additional information may be collected that related to the Services we provide

 d)                  Tracking And Cookies Data

To track and trace the use of the Services and the Website by the Users, we utilise cookies and similar tracking and tracing technologies and some of the information collected is stored in cookie files, which reside on their device(s). Cookies are sent by our server based Website software to their browser and the cookies will reside on their device(s) until they expire or are deleted.

Users can elect to refuse cookies by making the appropriate selections in the settings menu of their browser or Users can take a middle path of requiring a notification every time a cookie is sent to their device(s). If Users elect to refuse our cookies, Users may not be able to use some parts of the Services and the Website.

There are two categories of cookies, session or persistent. Session cookies are deleted as soon as Users close their browser or turnoff their device. Persistent cookies will remain on their device until such time that they expire or are deleted. The principal types of cookies we use in relation to our Services and/or Website are:

i)          Essential Cookies – These are session cookies and are used to serve Users the Services available on the Website and all Users to use some of the features on

the Website. These cookies can help to prevent fraud by assisting us in authenticating the Users accessing the Website. These cookies are essential for the Website to be functional.

ii)                  Acceptance Cookies – are persistent cookies that record and indicate if users have accepted the use of cookies on the Website during their use. They can also be used to record such things as acceptance of notices from the Website and other services which require an affirmative selection by Users;

iii)        Preference Cookies – are persistent cookies that are used to remember Users’ preferences and settings so that Users do not have to reset them each time Users utilize our Services and/or the Website. They are intended to enhance Users’ user experience when using the Services and/or the Website;

iv)        Security Cookies – are persistent cookies used to maintain the security of our Service to allow all users a safe and rewarding user experience;

v)                  Performance and Tracking Cookies – are persistent cookies that can track information about traffic that comes to the Website and the manner in which Users utilise the Website. The information gathered by these cookies has the potential to, directly or indirectly, identify Users. These cookies can also be used, individually or in conjunction with other types of cookies, to test marketing materials, website functionality and new features.

vi)                Advertising Cookies – are persistent cookies that keep track of Users’ browsing habits and patterns, and they assist out third party vendors to work out what marketing materials and advertising are likely to be off interest to Users. They allow categories of Users to be formed according to defined criteria and targeted marketing materials and advertising to be severed to particular categories of Users. They can also be used to influence what advertisement Users will view when visiting third party websites.

 

Due to the level of expertise required, Performance and Tracking and Advertising cookies, if any, are operated on our behalf by third party vendors.

Examples of tracking and tracing technologies used are beacons, tags and scripts that are designed to track and collect usage information to enable us to develop and improve the Service.

 6.  Use Of Personal Data

The SiteOwner uses data collected for various purposes that are justified by a legal basis and these include:

·         Maintaining and providing the Services, the Website;

·         To perform and/or enforce our Agreement with Users;

·         Notifying users about changes and improvement(s) to the Services, the Website;

·         Enabling users to access interactive features of the Services, the Website;

·         Providing access to customer and technical support;

·         To comply with our legal obligations, including but not limited to, court orders, law enforcement requests and government agency regulations and directions;

·         Monitoring usage of the Services, the Website to maintain a stable and safe usage environment;

·         For marketing and promotional purposes, including the development of new products and services;

·         For analytical purposes to study and analyze how Users use the Services, the Website and to measure and analyse the effectiveness of our marketing and promotion efforts.

·         Detecting preventing and solving technical issues; and

·         To use as is otherwise required or permitted by law.

 7. Sharing Users Personal Data

 

The SiteOwner may share Users’ personal information/data in the following situations: 

·         With our B2B partners;

·         With our third party service providers for monitoring and analysing the use of the Services, the Website, to contact Users on our behalf and to advertise to Users whether on the Website or on a third party site after their visit to the Website;

·         In the event the business, including the Website, of the SiteOwner is subject to a takeover, merger or acquisition, the SiteOwner make disclose their personal information to the purchaser as part of its due diligence or as part of the SiteOwner’s transfer of assets and/or liabilities to the new owner;

·         With our Affiliate organisations (if any), including but not limited to, subsidiaries, holding company, joint venture partners, associate companies and so on. Each of the affiliates would be required to execute and observe the provisions of this Privacy Policy;

·         With our business partners, with the purpose of offering to Users certain products and services;

·         With other Users – when Users share their personal information/data or otherwise interact with the Website Users, such information may be viewed by other parties;

·         With our third party advisers should we need to enforce our rights in any way;

·         With any third party deemed necessary in order to avoid a crime of any type being committed or to ensure the safety of the User, our employees, agents and third party contractors;

·         We include social media access buttons on the Website so that Users can share our content with their family, friends and associates, the functionality of these buttons is controlled by the respective social media organizations and they may collect information on Users and their utilisation of the Website and they may set a cookie on their device. These buttons are governed by the privacy policies of the respective social media organisations and Users should inform themselves accordingly;

·         With duly authorized regulators, tax authorities and other government authorities;

·         With duly authorized law enforcement agencies;

·         In compliance with a valid court order and/or search warrant issued by a competent court or authority;

·         To protect itself from incurring legal liability in any respect;

·         To protect and preserve the property, rights, goodwill and reputation of the SiteOwner, its shareholder, employees and agents;

·         To prevent wrongful and/or illegal use of the Services, the Website; and

·         To protect the personal safety of Users, employees, agents, third party vendors and the public at large.

8.         Data Retention Period

It is the policy of the SiteOwner to retain Users’ personal information for as short a period as possible. However, we will retain Users’ information on our servers for as long as required by the laws and regulations of the relevant jurisdictions and as is necessary by this Privacy Policy and for the continued and efficient operation of the Services and the Website and also as required for accounting purposes and the taxation authorities. While Users’ personal information is stored on our servers, we will take all feasible measures to ensure that Users’ personal information is safe and we will apply a standard that is at least equivalent to that which we employ for the protection of our own confidential data.

9.         Users’ Choices Regarding Interaction With The SiteOwner

With certain exceptions, the level of interaction Users have with the SiteOwner is within the Users’ control, particularly, but not limited to the following areas:

a)                   Users may opt out of non-essential communications with by using the unsubscribe option included in such messages. However, Users will continue to receive essential messages from time to time.

b)                  Users may disable the acceptance of cookies on their browser at any time. However, Users should be aware that the Website may not function as intended and Users will probably experience a negative experience in using the Website; and

c)                   Users may elect not to complete any non-mandatory information in any forms, surveys etc. on the Website.

10.       Data Transfer

Data servers of the SiteOwner are located Sydney, Australia and its operational offices are located in Australia and the personal and other data of all Users will be located and accessed from these locations. Users may be located in jurisdictions other than those indicated above and the laws and regulations as regards personal and other data may be different in the jurisdiction of individual Users as compared to the indicated jurisdictions. By accessing and continuing to use the Services, the Website Users expressly consent to the transfer of Users’ personal and other data to the indicated jurisdictions and subjected to the laws and regulations of such jurisdictions.

The SiteOwner has put in place measures that are necessary to ensure that the personal and other data of all Users is securely maintained and no data will be transferred to any third party in any jurisdiction who does not maintain and operate security protocols equivalent to those maintained and operated by the SiteOwner.

11.       Web Forms

To enable us to efficiently to respond to inquiries from Users who make use of the Web Forms provided on the Website, we do collect certain information. Except as indicated otherwise, information requested on Web Forms is entirely voluntary and at Users’ discretion and such information will only be used in a manner that is consist with our Privacy Policy as state herein.

12.       Information Users Share On Third Parties

In certain circumstances the Website allows Users to submit information on third parties. For example, if Users use the Website to share Users’ personal information with their friends and family Users will need to enter some personal details about them, including but not limited to their email address. In instances where Users provide information on third parties, the information submitted will be retained on our servers only in so far as it relates to Users’ account and such information will not, except as otherwise disclosed herein, be shared or otherwise dealt in.

13.       Information Received From Third Parties

In some instances, the SiteOwner may receive information about Users from third parties either through the Website or independently. For example, our payment gateways will submit information relating to Users’ transaction to us for the purpose of identifying their transactions and processing them to have their orders processed, prepared and delivered to Users and/or to maintain our accounting records for audit and taxation purposes. We may also in certain instances develop and maintain information about Users independently. For example, if we have reason to believe that Users have provided false or incorrect information in the registration of their account, we reserve the absolute right to verify such information and to establish the correctness of their identity. All information received and/or gathered on Users from third parties will be maintained on our servers in the same manner and to the same standard as information provided by Users or gathered directly by us. In terms of sharing such information, we will apply the same rules and standards as any other information we maintain on Users.

14.       How We Protect User Information

The security of Users’ data and information is of primary importance to us and we shall take all reasonable measures that comply to industry standards to keep their personal and other data safe and private. However, we cannot give Users a guarantee that Users’ personal and other data will be 100% safe and secure and we make no such guarantee and/or undertaking, express or implied.

The Website and our servers are routinely scanned by high grade anti-virus and malware scanning software. All operating software is kept up to date so that all known vulnerabilities are dealt with at the earliest possible opportunity. Users’ personal information/data is stored behind secure firewalls on secure networks and is accessible only by a limited group of people in a limited set of circumstances. All such personnel are required to sign non-disclosure agreements as part of their engagement terms. All passwords used are highly sophisticated and encrypted.

All sensitive personal and other information Users supply to us is encrypted via Secure Socket Layer (SSL) technology. All financial transactions are processed by independent payment gateways and Users’ financial information is never stored in our databases or on our servers nor do we make a request to Users for such information.

If Users feel that their account has been abused or hacked in any way, please contact us by way of our contact form on the Website at https://www.jobseaker.com.au /contact. Please include full details of the relevant events and the time at which they occurred.

15.       Termination Of Account And Data Protection

Registered Users are free to terminate their account at any time. Once Users elect to terminate their account, the action is irrevocable. Users’ account will be permanently suspended and cannot be reactivated. In terminating Users’ account, most of the personal information and data associated with it will be permanently deleted. However some information and data will be retained for accounting, taxation and auditing purposes and also as required by laws and regulations in Australia and any other relevant jurisdiction where our servers and operations office are located respectively.

16.       Link To Other Websites

Our Services, the Website may link to third party websites that are not operated by us and we have no control and/or influence over such websites and their respective Terms of Service, Privacy Policy and other policies. If Users do elect to follow such links, Users do so entirely at their own risk and we strongly recommend that Users review the Terms and Conditions and Privacy Policy of such websites at the earliest opportunity.

17.       Advertising

From time to time, we may display advertisements by third parties on the Website. To assist the third parties in assessing the performance of their advertisements, they may set cookies that allow their servers to identify Users and their activity on the Website. These cookies allow the third parties to direct more relevant advertisements taking into consideration their activities on the Website and Users’ preferences.

18.       Privacy Of Children

Our Service is restricted to persons over the age of 16. The SiteOwner does not knowingly collect data and information relating to persons under the age of 16.  Any parent who is aware that their child has provided us with misleading and/or false information in order to access the Services should inform us immediately in writing by way of our contact form on the Website at https://www.jobseaker.com.au /contact. Once we are aware the information on a person under the age of 16 has been collected without parental consent, we will take all actions necessary to remove such information from our records and our servers.

19.       Third Party Vendors

We do not sell, trade or otherwise deal in Users’ personal information/data which has potential to identify Users as an individual person or entity not do we disclose such information to any third party with the exceptions of third party vendors who assist us in the operation and provision of the Services, the Website and our business as a whole. All third party vendors are subject to non-disclosure obligations to keep all information shared with them absolutely private and confidential.

From time to time, the SiteOwner uses third party vendors who specialize in providing specialist data analytic services that assist us in improving and developing the Service and increasing the efficiency of our marketing efforts. As part of this process, we need and do disclose some of Users’ personal and other data to our third party vendors but such disclosure is only made on an anonymous basis and no credit card details are made available other than the name of the issuer and/or payment gateway. All third party vendors are required to maintain and operate security protocols at least equivalent to those operated by the SiteOwner and all third party vendors are required to sign and observe a strict Non-Disclosure Agreement.

The SiteOwner makes use of the Google Analytics service as required. This service tracks and reports on website traffic and the data collected is shared with other Google services and Google may use such data to improve and personalize advertising on its own network. Users may opt out of having their activity monitored by Google Analytics by installing the Google Analytics opt out addon for their browser. For information on Google’s privacy policy, please visit https://policies.google.com/privacy?hl=en .

20.       Changes To Privacy Policy

The SiteOwner at all times reserves the right to change any and all aspects of this Privacy Policy at any time without giving advance notice of such changes to Users and without giving reasons for such changes. If the SiteOwner does give any explanation for changes in the Privacy Policy, it is done so only as a courtesy and not as a requirement. Any changes to the Privacy Policy shall become effective immediately the new Privacy Policy is posted on the Website and a notice of such changes is posted on the Website. All Users are advised to review our Privacy Policy from time to time to keep themselves updated on any changes.

21.       Data Protection Personnel

If Users have any queries regarding this Privacy Policy, Users may contact our Privacy and Data Protection personnel via email to feedback@jobseakers.com.au

22.       Contact Us

Any person or legal entity requiring information in respect of our Privacy Policy should contact us by way of email to feedback@jobseakers.com.au or complete the form at https://www.jobseakers.com.au/contact-us.

 

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