Terms and Conditions
Collection of personal information
Personal information of Melbourne Alive users is collected as necessary for Melbourne Alive to assist with contact tracing activities and for DB Results to perform one or more of its functions and activities. DB Results will allow individuals to transact with it anonymously or using a pseudonym wherever reasonable and practicable. We may ask you to provide specific personal information, such as your name, mobile number and other proof of identity amongst other information. Personal information is collected when a person knowingly and voluntarily submits such information as well as information generated by you visiting certain locations and using Melbourne Alive to check in to those locations. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries, to provide access to business operators in certain locations you have attended or to assist with contact tracing activities.
At times, we may combine the information we collect from you with information from other sources to help us improve its overall accuracy and completeness, to assist with contact tracing activities and to help us better tailor our interactions with you, including for research purposes. In addition, we may also collect information relating to your use of Melbourne Alive through the use of various technologies, including cookies. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with the applicable privacy laws in Victoria and Australia, including the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles contained in Schedule 1 of that Act. We may also collect information during your use of Melbourne Alive which is not personal information, because it does not reveal your identity. For example, we may record your server address, the date and time of your visit, the pages you viewed, any documents you downloaded and the type of browser and operating system you used.
Use of Information
For example, we use such information for the following purposes:
- To provide information to government to assist with contact tracing activities;
- To provide information to business operators in certain locations you have attended to assist with record keeping and contact tracing activities;
- To understand and analyse our audience to improve the services that we provide through Melbourne Alive;
- To communicate with you regarding the services we offer so that we can provide you details about updates, new features, and new content available;
- For internal administrative purposes;
- To update our records and keep your profile information up to date;
- To process and respond to any queries you submit;
We will obtain your consent for use or disclosure of your personal information for an unrelated purpose, unless it is for a secondary purpose related to the primary purpose of collection or disclosure is otherwise permitted under the Privacy Act.
Apart from where you consent to disclosure to achieve the purpose for which the information was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
DB Results will, unless the law requires otherwise, take reasonable steps to destroy or permanently deidentify your personal information if it is no longer required for the purpose identified. However, please note that copies of correspondence sent from Melbourne Alive that may contain personal information are stored as archives for record-keeping and back-up purposes.
Rights and choices
You can request access to and correction of the personal information we hold relating to you. If providing you access to your personal information would reveal evaluative information generated within our company in connection with a commercially sensitive decision-making process, we may refuse you access. We will give you an explanation in such circumstances.
We will take reasonable steps to protect the personal information we collect, use, disclose or hold about you, and to keep this information accurate, complete and up to date. If, at any time, you discover that information held about you is not accurate, complete and up-to-date, you may contact us to have the information corrected or reviewed. We will take reasonable steps to correct the information. In the event that we deny you access to information, disagree that the information is incorrect or refuse to correct your personal information, we will provide you with reasons for this decision.
- Use Melbourne Alive to harass, defame, racially abuse, harass, threaten or otherwise offend any person;
- Publish or distribute any content or material which is unlawful, obscene, defamatory or misleading;
- Share any material from Melbourne Alive that you do not have a right to make available or which contains viruses or other harmful files designed to interrupt the functionality of other computer software or any other improper purposes;
- Breach any laws or regulations which are applicable to your use of Melbourne Alive in your jurisdiction.
DB Results has the right to amend the Terms and Conditions and any other information contained in Melbourne Alive at any time and without notice to you. Such amendments shall be effective immediately upon posting to Melbourne Alive and you agree to review Melbourne Alive periodically to be aware of any such amendments. Your continued use of Melbourne Alive after such amendments have been made shall constitute acceptance of the amendments.
Use of Melbourne Alive is at your sole risk. DB Results expressly disclaims to the fullest extent permitted by law any warranties in relation to this application. You acknowledge that all materials, information, products, software, programs and services are provided “as is” with no warranties of any kind whether express, implied or statutory. To the extent permitted by law, DB Results makes no guarantees or representations whatsoever, including, without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement of proprietary and intellectual property rights.
Copyright and Monitoring
The contents of Melbourne Alive are protected by Australian and international copyright laws and other intellectual property rights. We, or other third-party licensors, are the owner of these rights. All product and company names and logos referenced in Melbourne Alive are either trademarks, service marks, registered trademarks, copyrights or trading names of their respective owners, including us, or other intellectual property of DB Results or its licensors (DB Results IP). You may not use or copy any DB Results IP, for any purposes other than accessing Melbourne Alive, without the prior written consent of DB Results.
Limitations of Liability
In no event will DB Results be liable to any party for any loss or direct, indirect, incidental, special, exemplary or consequential damages caused or alleged to be caused whatsoever related to or arising from this application or any use of or reliance upon the Information found on Melbourne Alive. This waiver extends to any other linked website or resource referenced or accessed through Melbourne Alive or for the use of downloading of or access to any materials, information, products, and services, including, without limitation, any lost profits, business interruption, lost savings, loss of programs or other data, even if DB Results is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort or any other legal theories.
It is your responsibility to protect your system and take precautions to protect yourself from such items as viruses, worms and other programs of a potentially destructive nature and to protect your information as you deem appropriate. Any concerns regarding any external link should be directed to its web site administrator or web master.