Please read this document carefully as it applies to your use of this Website.
By accessing and using this Website, you:
1. General Terms
1.1 Licence to use the Content on this Website
All of the content on this Website (including, but not limited to, text, graphics, advertisements, software, information, User Content (as defined in clause 1.2(a)) and RSS Feeds (as defined in clause 2.1(a)) (Content) is subject to copyright and possibly other intellectual property rights of GadgetMix (or our suppliers and/or licensors) and is protected by international copyright and trade mark laws.
We grant you a limited, revocable and non-transferable licence to access, view, use and print this Website and the Content solely for your personal, non-commercial purposes and only for those purposes (Licence).
Subject to applicable law, we may revoke the rights granted to you pursuant to this clause 1.1 at any time and may suspend or deny, in our sole discretion, your access to all or any part of this Website (including RSS Feeds) without notice.
1.2 User Content
This Website may contain content or material uploaded, posted, emailed or otherwise electronically transmitted (Posted) by you, or other users of this Website (User Content).
You grant us a perpetual, royalty-free, non-exclusive, irrevocable and worldwide licence to use, copy, modify, adapt, exploit, publish, display, re-distribute, broadcast, transmit, sublicense, create derivative works from and incorporate in other works any User Content Posted by you, at any time in the future in any form and for any purpose (User Content Licence), and waive in favour of us all moral rights and any similar rights in any jurisdiction which you may have or acquire in respect of User Content Posted by you.
We may access or examine any User Content and at our discretion, move, remove, edit, refuse to Post or disable access to User Content which we consider, in our sole discretion, to breach any law or to be otherwise unacceptable. You acknowledge that we have no responsibility or liability for the deletion or failure to store any content or material Posted by you or any other user on this Website.
If you use this Website, you are solely responsible for any User Content Posted by you. In using this Website or any service offered through it, you must not:
violate any applicable laws, impersonate any person or Post any User Content that:
infringes the intellectual property rights of any third party or Post User Content that you do not have the right to Post;
is unlawful, harmful, threatening, abusive, misleading, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing, improper or otherwise objectionable to any other person or entity;
contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or any unsolicited mass distribution of email; or
contains a survey, contest, or pyramid scheme;
distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; or
collect or store personal data about other users of this Website or engage in any other conduct that inhibits or discourages any other person from using or enjoying this Website.
You acknowledge and agree that:
we not responsible for User Content Posted on this Website nor under any obligation to monitor, move, remove, edit, refuse to Post or disable access to it; and
User Content Posted on this Website is a means of public (not private) communication and we may disclose the identify or other information in relation to any person who Posts content or materials on this Website which may violate any applicable or relevant law for the purposes of co-operating with law enforcement authorities in any jurisdiction or complying with any lawful direction or request to do so.
You may be required to register with us in order to Post comments in relation to Content, to participate in Competitions or access some of the Content or other features or functionality of this Website. Where you are required to register:
you must submit accurate, complete and updated registration information; you must safeguard any user name and password which we provide to you; you authorise us to assume that any person using this Website with your user name and/or password is either you or is authorised to act for you; where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password; and you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware. You may cancel your registration at any time by notifying us (unless the specific terms and conditions of a Competition provide otherwise).
We may discontinue or cancel your registration in our sole discretion without notice if:
you do not visit this Website for an extended period of time;
if we conclude that your conduct impacts on our name or reputation or violates our (or a third party’s) rights.
1.5 Links and advertisements
This Website contains hyperlinks to other websites owned or operated by third parties. We have not reviewed all of the third party websites linked to this Website and are not responsible for their content or accuracy (including sites linked through advertisements). The inclusion of any hyperlink does not imply that we endorse the linked site and you access the hyperlinks at your own risk. Your correspondence or dealings with, your participation in promotions of and your reliance on the representations of advertisers on this Website are matters that are solely between you and such advertisers.
Whilst browsing this Website, advertisements (including ‘banner ads’, ‘full page ads’ and ‘pop-ups’) may appear in the window of your Internet browsing software or elsewhere on your computer screen. You acknowledge and consent to this functionality and agree not to install or operate (or suffer the continued installation or operation of) any software designed to block, filter, “zap”, obscure or obliterate the display of such advertisements, or any other like software.
1.6 Variations to this Website
We may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.
1.8 Your representations and warranties
You represent and warrant that:
The views expressed in the Content, or which may be reasonably implied in material comprising it (including in streamed audio or audio-visual material), do not necessarily represent the views of GadgetMix. You must evaluate and bear all risks associated with the Content and not rely on it or its accuracy, completeness or usefulness for any purpose, including as a substitute for any form of professional advice.
1.10 Use of this Website is at your own risk
You use this Website at your risk. To the extent permitted by law, everything on this Website is provided to you “as is” without warranty or condition of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law and in particular:
we endeavour to provide a convenient and functional Website, but we do not guarantee that your requirements will be met or that your access to the Content or this Website will be uninterrupted, error free or that this Website or the server that operates it is free of viruses or other harmful components; and
while we may attempt to keep information on this Website current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on this Website.
This Website is accessible to you over the Internet which is an inherently insecure medium. You are responsible for implementing adequate security measures to protect your systems. We are not responsible for your negligence or failure to backup or protect your data, software or hardware from unintended modification, destruction or disclosure when accessing this Website over the Internet, or if your use of this Website results in the need for servicing or replacing property, material, equipment or data.
1.11 Service provider charges
You acknowledge and agree that GadgetMix is not responsible for any charges that may be invoiced to you by your telecommunications service provider or your Internet service provider in relation to your access, use or downloading from this Website.
1.12 Liability and indemnity
To the maximum extent permitted by law:
in the case of goods: (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of such goods; (3) the payment of the cost of replacing the goods or acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired; and
in the case of services: (1) the supply of the services again; or (2) the payment of the cost of having services supplied again.
You agree that we may communicate with you electronically for all aspects of your use of this Website, including sending you electronic notices.
2 Special Terms
The following special terms apply to your access to and use of certain features and functionality of this Website, in addition to the general terms described above.
2.1 RSS Feeds
GagdetMix.com may make certain RSS feeds in respect of certain Content available to you through the Website from time to time (RSS Feeds). Your use of RSS Feeds is subject to the special terms described in this clause 2.1.
You acknowledge that in order to receive our RSS Feeds, you are required to install and operate third party-proprietary ‘feed reader’, ‘feed aggregator’ or ‘news aggregator’ software that is proprietary to third parties, on your computer system (Feed Reading Software). We are not responsible for any aspect of the Feed Reading Software and your downloading, installation, re-distribution and other use of Feed Reading Software is governed by the terms and conditions imposed on the use of that software by the relevant third party software provider.
Your access to our RSS Feeds is conditional on your compliance with those terms and conditions and you indemnify us against:
any breach of them by you, or of any other agreements between you and third party providers of Feed Reading Software; and any damage or loss whatsoever which results from the download and/or use of our RSS Feeds. By entering a subscription URL of any of our RSS Feeds into any Feed Reading Software installed on your computer system, you agree that:
you will only use our RSS Feeds for your personal, non-commercial purposes and otherwise in accordance with clause 1.1; and
you will not use our RSS Feeds for the purpose of promoting, endorsing or implying a connection between us and you (or any third party).
2.2 Mobile Access
This website is owned and operated by GagdetMix.com
1. What personal information do we collect and why?
(a) Website Users
Much of the personal information that GagdetMix.com collects is information that website users volunteer to us (through our websites).
For instance, personal information is provided by users who register for our website services (Registration Information), including:
Discussion Boards: Sometimes we provide a discussion board service on our websites so that users can discuss common topics of interest. If a user chooses to sign up to a discussion board service, they must provide us with some personal information including a valid email address. GagdetMix.com uses this personal information to identify users who leave comments prohibited by our terms and conditions of use, and also to identify topics of interest to discussion board users; and Comments: Also, website users can choose to leave comments on particular articles of interest. To leave a comment, users must submit personal information including a valid email address. GagdetMix.com uses this information to screen out users who leave comments prohibited by our terms and conditions of use only.
Also, GagdetMix.com may aggregate personal information that is Registration Information. This is for research purposes only (and the aggregated data will not identify any individual users).
The discussion boards and comment pages that we provide through our websites are public spaces. For this reason, website users who post information to discussion boards or comment pages are taken to consent to such information and comments being disclosed to other users of those websites.
(b) Competition Entrants
As explained in the terms and conditions of our websites, from time to time, GagdetMix.com conducts competitions and promotions. Allure Media will collect personal information when it does so, in order to distribute prizes and administer the relevant competition or promotion.
If we collect personal information in this way, when you enter the competition or promotion we may also ask you to consent to us using that information for marketing purposes or for other purposes.
(c) Business Contacts
We also collect personal information from people we do business with, such as contact people in our external service providers and related bodies corporate. This information is needed so that we can manage our business, and is collected in the ordinary course of business.
(d) Journalism Subjects
In the course of operating our websites, GagdetMix.com operates as a media organisation (ie in that it collects and disseminates of news and information, and related commentary and opinions). The NPPs do not apply to acts done or practices engaged in by media organisations in the course of journalism if they are publicly committed to observing standards that deal with privacy in the context of their media activities, and which have been published in writing.
2. Will personal information be given to anyone else?
Subject to the exceptions outlined below, GagdetMix’s policy is not to disclose personal information that is Registration Information to third parties.
Like most businesses, GagdetMix.com uses a number of external service providers to help us perform functions such as delivery, mailing, IT and website support. For our service providers to perform those functions effectively and efficiently it is sometimes necessary for them to handle personal information on our behalf. This may include Registration Information and other personal information held by us. Under the terms of our service agreements with our service providers, we require those external service providers to respect your privacy, and authorise them only to use personal information that we disclose to them in order to provide the services we require.
We may also disclose personal information we are under a legal requirement to do so (eg under a court order, or if required under legislation), or if an authorised request is made (eg from a law enforcement agency).
As noted above, website users who post information to discussion boards or comment pages consent to such information and comments being disclosed to other users of those websites.
3. Access and Correction
Under the Privacy Act, you have a right to seek access to information which we hold about you (although there are some exceptions to this). You also have the right to ask us to correct information about you which is inaccurate, incomplete or out of date.
As noted, the personal information that we hold about you will generally be information that you have provided to us. However, if you wish to exercise your right under the Privacy Act to seek access to personal information that we hold about you, we ask that you contact our Privacy Officer (details at point 7 below), who will explain how we will handle your access request. Our policy is to consider any requests for correction in a timely way.
4. Is personal information stored safely?
GagdetMix.com takes reasonable steps to ensure that the personal information we hold is stored in a secure environment protected from unauthorised access, modification or disclosure. We remind our staff and contractors of the importance of storing personal information in a secure way, and to treat it like confidential information.
5. Cookies and Log Files
By setting a cookie on an GagdetMix.com site, users will not have to log in a password more than once, thereby saving time while on the site’s discussion board. We store a cookie on each user’s machine that contains a username and encrypted password. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you will not be able to use any products or services we offer that require you to “sign in,” and you may not be able to take full advantage of all offerings. However, not all of our services require that you accept cookies.
Log Files: Like most standard web site servers we use log files. This includes internet protocol (IP) addresses, information about you browser type and your internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks you make. This is used to analyse trends, administer the site, track users’ movements in the aggregate, and gather broad demographic information for aggregate use. However, this information is not linked to the personal information that you provide to the site.
6. Email/SMS Marketing
We will not email or SMS you marketing material unless you have consented to this. This is a requirement of the Spam Act 2003. Further, you can unsubscribe from our electronic communications by using the “unsubscribe” facility contained in each electronic publication we send.
7. Contact Us
This policy was last updated in May 2007.
Annexure A: Journalism Privacy Standards
The National Privacy Principles contained in the Privacy Act 1988 do not apply to “acts done or practices engaged in by a media organisation in the course of journalism”, so long as that media organisation is publicly committed to observing standards that deal with privacy in the context of its activities and those standards have been published in writing by the organisation.
GadgetMix acts as a media organisation to the extent that it operates websites (Website). These Journalism Privacy Standards (Standards) outline how GadgetMix’s employees who are engaged in the provision of content for the Website (Journalists) will handle personal information.
The objective of these Standards is to balance the right of a person to privacy against the media’s right to inform the public about newsworthy matters and other matters of public interest.
What is personal information?
“Personal information” is information or an opinion that identifies an individual, or from which an individual’s identity reasonably can be ascertained.
Collection of personal information by Journalists
Journalists will collect personal information in the course of compiling reports and other information for the Website. Journalists should only collect personal information that is needed for an actual or anticipated report or Website posting.
How will personal information be used or disclosed by Journalists?
Personal information collected by Journalists should be used or disclosed for the purpose for which it was collected (eg for the publication of a story on the Website) or for related purposes (eg formulating commentary about such information, for publication on the Website). Personal information should only be disclosed on the Website if it is relevant to the story in question.
How will personal information be stored and checked?
It is a responsibility of Journalists to take reasonable steps to check that the personal information they use is accurate, complete and up-to-date, and that it is stored in a secure way.
Can our sources stay anonymous?
Journalists are not required by privacy laws to reveal the identity of confidential sources.
What is sensitive information?
Under the NPPs, sensitive information includes details of a person’s religion, race, sexual preferences, health or union/association membership. Sometimes, media organisations need to collect sensitive information if it is relevant information for a story. Journalists must take care in relation to the use of sensitive information by taking reasonable steps to ensure that they do not portray any person in a negative light on the basis of that information only (eg by placing gratuitous emphasis on age, colour, gender, national origin, physical or mental disability, race, religion or sexual preference). The focus should be upon the conduct or omissions, rather than the racial or other sensitive characteristics of the person who engages (or fails to engage in) in the relevant conduct.