Salary Survey – Terms and Conditions of Use

Terms and Conditions of Use

You understand that these Conditions form a legal agreement between you, Gravitas and Advertising Council Australia and govern your use of the Salary Survey Database. Access and use of the Salary Survey Database is offered 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. These Conditions apply for the duration for which the Fee has been paid, as provided for in these Conditions, unless these Conditions are otherwise terminated in accordance with their terms (Term).

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 or provided to you by us in relation to 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.

All content, data and other information published, displayed or otherwise provided through the Salary Survey Database (Content) 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 or the Content does not create any obligations on our part to you.

Access to Tableau, a part of the Salary Survey Database, must be purchased for a fee (Fee), and is conditional upon the party paying the Fee (Member): (a) uploading relevant data to the Salary Survey Database; (b) remaining a member of Advertising Council Australia.

You must set up a username and password (Login Details) to create an account (Account) to access the Salary Survey Database. You agree to utilise administrative, physical and technical safeguards to protect your Login Details and your Account from unauthorised access, disclosure, acquisition, use or modification.

If you are a Member: Unless otherwise agreed to by us in writing, you must pay the Fee in accordance with our invoice to you. You agree that you must notify us of the number of your authorised users who will access the Salary Survey Database, and that no additional authorised users may be given access by you to the Salary Survey Database without payment of the Fee for that user and prior written notification to us.

Licence: Subject to Gravitas’ and our right to terminate these Conditions, in consideration for payment of the Fee and your compliance with these Conditions, Gravitas and Advertising Council Australia grant to you a revocable, non-exclusive, non-transferable, non-sublicensable right and licence for the Term to access and use the Salary Survey Database and the Content for your Member’s business purposes. 

Any access to or use of the Salary Survey Database is provided strictly on a commercial in confidence basis. You agree that all Content is our confidential information. You must not disclose our Content to any third party, except (a) as required or allowed by law; (b) with our written consent; or (c) as provided for under the Licence in these Conditions. You must not misuse our confidential information. The obligations under these Conditions relating to confidentiality will survive termination of these Conditions. 

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. 

Information provided on the Salary Survey Database is provided in an anonymised and deidentified manner. You represent and warrant to us that you will not take any steps to reidentify any information or otherwise link any 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.

• Doing anything that would constitute a breach of an individual’s privacy or other rights;
• Using the Salary Survey Database to defame, harass or threaten any person or entity;
• Using the Salary Survey Database for unlawful purposes;
• Knowingly transmitting malware, damaging or interfering with the Salary Survey Database or modifying or tampering with the Salary Survey Database;
• Using data mining, robots, screen scraping or other data gathering and extraction tools on the Salary Survey Database; or 
• Facilitating or assisting a third party to engage in the conduct listed above. 

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

In uploading any data to the Salary Survey Database, you warrant that you have obtained all necessary rights and permissions to collect and upload the data to the Salary Survey Database and that the uploading of the data, and Gravitas’ and our use of the data, as contemplated under these Conditions, will not infringe a third party’s rights, including intellectual property rights. 

• We will collect your personal information including your name, surname, and email address when you provide us with your consent to be contacted by Gravitas prior to participating in the Salary Survey. We will disclose this information to Gravitas for the purpose of Gravitas contacting you to participate in the Salary Survey. We will also use this information for the purposes of contacting you relation to payment of the Fee and managing your Account. This information will be collected in accordance with our Privacy Policy available here.
• Gravitas will collect personal information, including your IP address, your, age, gender, salary and position/job title and such other personal information as you upload to the Salary Survey Database. This personal information will be used for the purposes of: (a) allowing you to create an Account; (b) allowing you to use the Salary Survey Database as contemplated by these Conditions; (c) compiling data sets to analyse industry trends; and (d) creating aggregated and anonymised data sets (De-identified Data). The De-identified Data will be made available to Advertising Council Australia and publicly on the Salary Survey Database. Gravitas will collect and use your name, surname and email address for the purposes of contacting you to allow you to upload your data to the Salary Survey Database. Gravitas’ Privacy Policy can be accessed here.

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, or if you are a Member your subscription, by contacting us.

These Conditions are effective until terminated.  Without prejudice to any other right at law, a  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: (a)there are changes in law or circumstance relating to the ongoing availability of the Salary Survey Database; (b) our agreement with Gravitas for the provision of the Salary Survey Database is terminated; (c) you are in breach of your obligations in relation to privacy or under the provisions of “Conduct on the Salary Survey Database” under these Conditions; or (d) the entity responsible for paying the Fee on your behalf is no longer a member of Advertising Council Australia. 

Upon termination of these Conditions: (a) we or Gravitas will immediately terminate your access to the Salary Survey Database. If you are a Member, you agree that termination of your subscription will result in termination of access to the Salary Survey Database for all of your authorised users. 

You may have rights available to you under the Australian Consumer Law (Consumer Law Rights). Nothing in these Conditions operates to exclude or limit your Consumer Law Rights. 

Subject to your Consumer Law Rights, 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, except where such loss or damage was due to our: (a) unlawful conduct; (b) gross negligence; or (c) fraud.

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 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. Your liability under this indemnity will be reduced to the extent that such loss, damage or costs were caused or contributed to by us. 

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.  

Any provisions of these Conditions which by their nature are intended to survive expiry or termination of these Conditions, survive expiry or termination of these Conditions, including provisions relating to confidentiality, intellectual property and privacy.