Salary Survey – Conditions of Use

OVERVIEW

Advertising Council Australia’s annual Salary Survey is recognised as the largest collection of salary information for advertising agencies in Australia.

The dashboard is not made publicly available however, some key findings may be used publicly by ACA as part of industry reporting.

For more information, contact Sara Lisboa on sara@adcouncil.org.au or (02) 8297 3800.

Conditions of Use

These Conditions of Use (Conditions) govern the access to, and use of the salary survey database provided by the Advertising Council Australia Ltd (ABN 84 140 893 152) (Advertising Council Australia or We/we or Our/our or Us/us) on its website (Salary Survey Database) by all individuals and entities, including you.

Acceptance

You understand that these Conditions form a legal agreement between you and Advertising Council Australia and govern your use of the Salary Survey Database. We offer access and use of the Salary Survey Database to you conditional on: a) pre-approval by us of your member account; and b) your acceptance of these Conditions. By accessing, browsing, or otherwise using any part of the Salary Survey Database, you are indicating that you have read and agree to these Conditions, including any referenced policies and guidelines.

Intellectual Property

Advertising Council Australia is the owner of, and will continue to own all intellectual property rights, subsisting in, relating to or arising out of any material published, displayed or otherwise provided in the Salary Survey Database. You acknowledge and agree your use of or access to the Salary Survey Database does not transfer any right, title or interest in the intellectual property rights owned by Advertising Council Australia to you.

Trademarks used in connection with the Salary Survey Database are the trademarks of their respective owners.

Content on our Salary Survey Database

All content, data and other information published, displayed or otherwise provided through the Salary Survey Database is general information only. You acknowledge that we do not provide professional opinions or legal advice specific to the facts and circumstances of your personal situation or your business and that your use of the Salary Survey Database does not create any obligations on our part to you.

Information provided on the Salary Survey Database is provided in an anonymised and deidentified manner. You will not take any steps to reidentify any individual associated with any of the information contained in the Salary Survey Database.

Use of our Salary Survey Database

Any access to or use of the Salary Survey Database is provided strictly on a commercial in confidence basis.

You represent and warrant to us that you will not copy, adapt, modify, reproduce, decompile, communicate, broadcast, make available, transmit, perform, store, republish, print, commercialise, frame, upload or otherwise distribute to any individual or entity (including, but not limited to, individuals within your own agency, any other agencies and third party suppliers) any part of the Salary Survey Database by any means (electronic, mechanical, micro-copying, photocopying, recording, storage in a retrieval system or otherwise), without our prior written consent.

You represent and warrant to us that you will not take any steps to reidentify any information or otherwise link and information on the Salary Survey Database with any identifiable individual.

If you wish to distribute, provide or otherwise transmit any part of the Salary Survey Database to any other individual within your entity, then either: a) you will need to request and obtain our prior consent to transfer your member account to that individual (noting there is a limit on the number of transfers permitted annually); or b) that individual will need to create a separate member account.

Any unauthorised person or entity accessing or using the Salary Survey Database (by any means) must not use, reproduce, distribute, copy, provide or otherwise transmit any part of the Salary Survey Database and must immediately: a) notify us of the fact of receipt; and b) delete and/or destroy all material obtained from the Salary Survey Database.

Privacy Policy

We respect your privacy. The personal information you submit while using the Salary Survey Database will be collected, used and disclosed in accordance with our Privacy Policy.

Changes

We may change these Conditions, including, any referenced policies and guidelines from time to time by notifying you of such changes by any reasonable means, including by posting revised Conditions on our website and through an in-service pop-up message. Your use of the Salary Survey Database following any changes to these Conditions will constitute your acceptance of such changes. If you do not wish to continue using the Salary Survey Database under the updated Conditions, you may terminate your account by contacting us.

Termination

These Conditions are effective until terminated. Without prejudice to any other right at law, either party may terminate these Conditions by giving written notice, if the other party has failed to remedy a material breach of any term of these Conditions within 14 days of being given written notice of the breach (the notice to include details of the relevant breach). Where you have breached a material term we may elect, in the alternative, to cease supply of the Salary Survey Database to you until we are reasonably satisfied that you have remedied the breach (if the relevant breach is capable of remedy).

We can immediately terminate your subscription to the Salary Survey Database at any time by giving you written notice if, for example, there are changes in law or circumstance relating to the ongoing availability of the Salary Survey Database.

Limitation of Liability and Indemnity

You acknowledge and agree that, to the maximum extent permitted by applicable law, neither we or any of our related parties are responsible or liable to you for any loss or damage whatsoever arising out of or relating to the Salary Survey Database.

You indemnify us and our respective officers, employees, representatives, licensees and/or assignees against any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with any breach or alleged breach by you of these Conditions, including in relation to any breach of Privacy Law or of any other legal rights or obligations or of any applicable laws.

General

We may assign or rights, in whole or in part, in our discretion. You may not assign these Conditions, in whole or in part, to any third party.

These Conditions are governed by the laws of the State of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the New South Wales courts.

Any provision of these Conditions that is either wholly or partly unenforceable will be severed to the extent necessary to make the remaining provisions of these Conditions enforceable.

Agreement

By using this portal, you agree to these Conditions of Use.