The Insiders Network Australia Pty represented by its local subsidiaries and affiliated companies (‘Our Company’) presents this Website ‘The Insiders/Les Initiés’ (the “Website”). By accessing this Website, you agree to these User and Privacy Terms. Please do not use and or participate on the website until you have read through, understand, and agree with the User and Privacy Terms.
Your privacy and participation is important to us and our clients. Please review this summary key points below and full version (at the bottom) of our User and Privacy Terms carefully before enrolling to become a member. We hope it will answer all your questions, but please feel free to email us if we can assist you further.
The minimum age to sign up as a member (Insider) is 14 years. If you are under 18 years of age, you must obtain permission from your parent or guardian. This must be confirmed when you register.
By registering as a member, you agree to receive information from us via email about new campaigns, surveys, or polls (questionnaires), interesting Insiders news or activities, and feedback from us on your reports. Rest assured, we won’t clog your inbox!
We will not sell or share your personal details with any other party without your prior consent. Our company is the sole proprietor of this information. Clients will not be able to directly communicate with Insiders members unless the members have given consent.
You agree to live by our code of conduct, which is all about being able to voice your honest opinion, being respectful, being transparent and having fun while participating in advocacy activities with and for brands, both in conversations or online.
When participating as an Insider in our campaigns, you agree to disclose that you are participating in a promotional campaign in all online communication and reviewing of the products or services you receive from us.
The content and posted content through this site is/becomes the property of our company and our clients.
We are not liable for immediate or consequential damage. As an Insider, it is your responsibility to keep your account information and password confidential. As intermediate party between our consumers and our clients, we are not liable for the tested products themselves, in terms of experience, defects, guarantee or any other direct or indirect damage, as this remains under the responsibility and liability of the manufacturer directly.
Insiders User and Privacy Terms (Full Version)
We (The Insiders Network Australia Pty, represented by its local subsidiaries and affiliated companies, further referred to as ‘our company’) offer services under the name of “The Insiders/Les Initiés” on the website of the same name. The Insiders webpage offers registered members the chance to participate in Insiders campaigns and activations, as well as the possible use of certain services (such as polls, discounts, downloads...).
In order to use the website and participate in Insiders campaigns, a user must first create an account by filling in a registration form with personal details (name, email address, address, date of birth) and non-personal information (e.g., interests, activities). Only one account can be created and used per person. After an account has been created, each user will receive an email at their registered email address that contains a link to activate the account. Each member has a unique login (the member’s email address) and password. It is the responsibility of the member to keep their account information and password confidential. In the event of improper use of the user name and password by a third party, the member must immediately inform The Insiders.
To register, a user must be at least 14 years old and have a valid email address and postal address. If the user is under 18 years of age, permission from their parent or guardian must be obtained. Parent or guardian permission must be confirmed at registration. For campaigns involving alcoholic beverages, the minimum age is 21 years. Please also refer to the strict regulations set out in the members’ Code of Conduct. Only natural persons can become members (no companies or official bodies). Every user must provide accurate information about him/herself in order to sign up as a member and take part in Insiders campaigns. Providing incorrect or misleading information will influence the level of service that Our Company offers to clients. Therefore, Our Company reserves the right to make changes to the website at all times. Our Company reserves the right to remove the account of any member who violates these rules. Our Company reserves the right to modify, suspend, or discontinue campaigns at any time with or without informing members. In the event that this right is enforced, Our Company cannot be held liable for immediate or consequential damage and cannot be held responsible by any member or third party. Members are not allowed to sell any products they receive from campaigns, as they remain the property of Our company, except for consumable products. Devices and products which are sent to you, are for testing purposes and can be required to be sent back at any time. We monitor this actively and closely. If you’re identified to be selling campaign product, you agree to be charged with a minimum penalty of 500 USD. Next to this, our Company reserves the right to initiate further legal action and remove the account if this rule is violated.
Community Code of Conduct
Participation as a member in the Community is subject to the following Code of Conduct, in both offline conversations and online postings when participating in advocacy and influencer campaigns:
Honesty: Word of mouth only works if it is honest. You are free to express your own opinion about a product, whether it is positive or negative.
Provide us with feedback: You are our eyes and ears! Stay in touch and send us feedback about your experiences and others’ opinions. - Disclosure: Transparency is a powerful thing. By being open and stating clearly that you are an Insider, you build trust and establish yourself as honest source.
Online Communication Regulations & Disclosures: Members follow all FTC disclosure and endorsement/ testimonial guidelines when completing personal posts or posts for Our Company. Our Company requires all participants to disclose the fact that they are providing their feedback and opinions as part of a promoted campaign. We provide in-campaign training and monitoring to ensure members fully understand these guidelines. In addition, in order to remain FTC compliant, if content is modified in any way after the close of the campaign, the required disclosure must remain intact.
Being active: This means sending feedback regularly, following guidelines and engaging in campaign activities. We put a lot of effort in generating great campaigns for you, which is why being active is crucial. On top, this will increase new participation chances, whereas no or limited activity will result in removal temporarily or fully from our community.
Responsible: As an influencer within your group of friends, bear in mind that some campaigns have age restrictions (e.g. campaigns involving alcohol, adult content, pharmaceutical products etc.). Be aware of that when you share samples, hand out coupons, take photos etc.
Respect: since we are an open community, you are free to express your own opinion. Nevertheless, don't forget your opinion is visible for everyone to read. Therefore, we ask you to be polite and avoid derogatory or inappropriate comments. Members shows respect to one another no matter race, religion, sexual orientation, etc. Such comments will be removed from our channels with the risk of the account being removed.
Be creative: All content produced by you is 100% original and will be regarded with high standards. We do not tolerate plagiarism or stealing of photos, video or other content. Members always give credit where credit is due.
Have fun: Participating in a campaign is an exciting journey you want to share with friends and family!
Additional Community Code of Conduct related to campaigns with alcoholic products
Participants will be at least 18 or 21 years old
Alcoholic products are only intended for adults and we also explicitly ask the Insiders not to allow minors (-18 years) to test any of these products.
Enjoy but drink with moderation: the idea of the campaign is to discover products, let friends test them and form an honest opinion on them. The idea is not to keep them all to yourself.
During the campaign, we will be mentioning responsible drinking via campaigns from either the Government or the sector.
The campaign info on the Insiders may fulfils additional products/clients’ demands regarding information on alcohol to be followed and lived by for members
Additional Community Code of Conduct related to content creation online
From time to time, Our Company may hire a Member to perform certain tasks and created certain materials (collectively, the “Services”) on behalf of a Company client. If a Member is engaged to perform Services for a Client, the Member hereby agrees to the following terms and conditions:
Be Creative – All content produced by you is 100% original and with high standards. Members are not permitted to purchase any content (photographs, drawings, printables etc.) from anyone else. If you need a third party to create content for you in any way, let us know in advance and we can help you determine if it is appropriate and what type of disclaimers you may need.
Following directions & responsibility: Members shall follow any and all other written directions provided by Our Company. Members fully execute the responsibilities set forth in campaign instructions by the due dates provided, including any correction requests. If a member is unable to execute their responsibilities they must communicate any concerns to the campaign contact or provided contact address immediately.
No Stealing: We do not tolerate plagiarism or stealing of photos, videos or other content. Members always give credit where credit is due.
Support Other Community Members: our members support others by sharing other members content and join our Company channels.
Permanence of Content: members are expected to keep all content produced for our network publicly visible with the campaign hashtags and disclosures for a period of at least 90 days post final payment. In addition, in order to remain FTC compliant, if content is modified in any way beyond this time period the required disclosure must remain intact.
Content Ownership: You will not subcontract work out to other influencers. If you have contributors, they must be members of the community.
Conflict of Interest: It is the influencer’s responsibility not to enter into a conflict of interest, meaning not accepting a campaign for a brand that is in direct competition with a brand they currently or recently worked with. This applies to campaigns with our network, with another network or pr agency or directly with the brand.
Payment terms are Net 30 days after the campaign due date, via wiring, ACH debit or PayPal.
Accuracy and due date: The Member shall perform the Services to the best of Member’s ability. Due to the nature of these Services, it is crucial for Our Company and Our Company’s client that the Services be performed completely and accurately by the Member. By accepting an assignment, the Member agrees to completely perform the Services. If there is non-performance or only partial performance of these Services, whether or not due to any fault on the part of the Member, the Member understands that he/she will not be paid for the Services. Members are expected to check their content against instructions and any email updates in order to confirm it is accurate prior to submitting final work. Failure to provide accurate work could result in non-payment or reduced payment. Failure to provide content latest on the due date (late content), will be subject to a payment reduction of $25 per day.
The Member agrees that he/she is not an employee of Our Company, and the Member’s only relationship to Our Company is that of an independent service provider. The Member shall not be covered by, entitled to participate in, nor receive any of the benefits of any retirement, pension, profit sharing, stock option, bonus, health, hospitalization, vacation, insurance, workers’ compensation, disability or similar plan, arrangement or benefit now maintained or hereafter established by Our Company.
Our Company shall not pay or withhold any taxes of the undersigned.
The Services are “Work Made for Hire” and ownership will be with Our Company and the Client. The Client shall have the right to use the Services without attribution any project for which the Member has been retained. For all future advertising, the Client may have the right to use the Services in which the in perpetuity and in all medium provided that the Client provides some form of reasonable attribution to the Member. In addition, on a case by case basis, the Member may be able to receive some additional consideration from Our Company or the Client.
The Member agrees that neither Our Company nor the Client shall be held liable by the Member for any and all claims, damages, demands, and liabilities of every conceivable kind or nature whatsoever, against Our Company or the Client emanating from Member’s Services.
The Member shall not have the authority to bind Our Company, nor any Client in any contract. - The Member shall defend, indemnify and hold harmless Our Company, its Clients, their affiliates, parent companies, subsidiaries and their officers, directors, agents and employees from and against any and all actions, costs, claims, losses, expenses and/or damages, including attorney fees, arising out of or in any way relating to or incidental to the performance of the Services.
If the Member receives any confidential and/or proprietary information regarding Our Company or of the Client(s), the Member shall not disclose or use any such information.
These terms and conditions shall be governed by the laws of Belgium, irrespective of any applicable principles of conflict of laws.
Our Company corresponds to the legal requirements of privacy protection and disclosure to the authorities on collecting personal data. This includes the GDPR policy and guidelines in Europe. When using our website, various information is collected about our members on different pages and at various times. Please read below to understand what data is collected and how it is used by our Company. Our Company is the sole owner of this information . Our Company may disclose this information anonymously to clients, users, or third parties. This means that we may pass on demographic or statistic information that can never be linked directly to a member’s personal details or personal account. Removal of personal details will close the member account, for more details on how to request a closure and what happens to your information after closure, please read ‘Removal of account’ section. We do not sell, rent, or share these personal details to third parties other than described above. Only with the express consent of the member may personal details be passed on to third parties (opt-in).
Type of data we collect and Why
Data you provide us
Type 1.Sensitive personal data (Account information): At the time of registration to our platform, you are required to provide personal details such as name, gender, email address, address, date of birth). These are the minimum details that are required to be part of The Insiders community/ use the insiders platform. This Information is necessary to use our platform and can be modified or removed by a member at any time on the profile page or settings.
Type 2.Profile data: we request from you more data which provide us a better idea of your interests, personal life, professional life and more, such as marital status, number of kids, product interests, online interests, etc. In some cases also your Payment Data is required and collected in your profile. For more information about the payment information read the Payment terms and conditions section. This information helps us understand the category of audience you are and hence help us service you with relevant campaigns. This is necessary to be able to participate in the campaigns that are offered on our platform and can be modified or removed by a member at any time on the profile page or settings.
Type 3.Ad Hoc Data (campaign specific): You may choose to provide us with additional personal information by participating in surveys to obtain better experience using our platform. This information could be about your interests, activities, educational background, career information so on and so forth depending on the surveys you choose to participate in.
Type 4.Third Party data and services: If you link, connect or login to your Insiders account with a third-party website (f.e., Instagram, Facebook, Twitter, Google etc.) the third party may send us information such as your registration and personal profile information details from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
Type 5. Content provided: any data and content provided and submitted to our website, such as opinions, communication, photos, video or any other content. This is an important element of the business purpose for our clients. Communications and messages: When you choose to participate in campaigns, any community blog posts or any information displayed on our platform.
Data we collect
Our Company monitors certain information, such as browser type, login time, type of software, and other information, for our analytics usage. The sole reason behind this is to improve the structure of our website and to offer certain technical options. None of this information can be traced back to a member and is only of interest to Our company. This information is not stored beyond the required time and is regularly deleted.
1.Members are fully and personally responsible for keeping their password and account information confidential.
2.Our Company closely monitors all personal details provided during the registration process, and all additional information collected via our website on different pages at various times, to avoid data breaches and abuse. This information is secure both online (via login name and password) and offline. Access to the personal details of our members is limited within our offices. Only employees who require information to complete a specific task will be granted temporary access to personal details. Servers that store personal details are housed in a secure environment and are professionally maintained. Those service providers work also under strict security policies and are compliant with GDPR data compliance. We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. However, the Internet is not a 100% secure environment so we can’t guarantee the security of the transmission or storage of your information. In case of breach, despite the strong security measures in place, we disclose and inform our members within 48 hours.
Ownership and usage of your data
1.Our company is the sole owner of all information and type of data you provide us.
2.We do not share, sell or rent your personal data to third parties, with exception from the below situations.
3.When you participate in campaigns, we need to be enabled to send you information and/or products(Insiders pack) to your indicated delivery or home address. This information is shared with our Logistics partners. Although this information will not be stored beyond the time limit which it is required for. To ensure this we operate with Logistics partners who abide to the laws and guidelines in each country they operate in. This includes new GDPR Changes in case of EU region.
4.You agree that all content (Type 5) you provide and submit to our website, such as opinions, reviews, blogposts, communication, photos, video or any other content, becomes the sole ownership of our Company. You waive your ownership and right to these contents and expressly grant our Company, the global and limitless usage of these data on any channel and format possible. Our Company acquires also the right to transfer, sell or rent all content submitted to our website.
5.All data, opinions, photos, video and any other content can be shared with our Client, for the campaigns you choose to participate in. However, these data shared are for business purpose only and are aggregated, which means we are not sharing your sensitive personal data which can be tracked back to an individual participant. Recognizable or personal information you disclose yourself on photos and/or video is at own responsibility, as they will be transferred to our Client and/or visible on our website.
7.Only with the express consent of the member (opt-in), personal details maybe be passed on to third parties for which your accept the terms of this opt-in.
Accessibility of your data
Under General Data Protection Regulation, you have the right to access, rectify, port and erase your data. We store data until your account is deleted (see Section Account Deletion). You have the right to object and restrict certain processing of your data. This includes access to your account information and profile data - In your personal dashboard settings, you can access, view and modify your data at any time.
Emails and Opt-Ins
Members are given the option to not receive emails from The Insiders (opt-out). If this is the case, the chances of participating in a campaign are significantly reduced, as we will not always be able to keep you up to date. We send all new members a welcome email to verify their login and password. Members who we can contact via email (opt-in) will occasionally receive emails with news, updates about new or current campaigns, rewards, responses to reports, or other interesting facts that take place at The Insiders.
Site & Service Announcements
In exceptional circumstances, Our Company may have to send an email to all or specific members to make important announcements about The Insiders site or service changes. It will not be possible to opt-out of these announcements. Such announcements will first be posted online. We reserve the right to contact members to address errors in their account or to ask for information that is crucial to The Insiders.
Both members and Our Company reserve the right to terminate the service at any time. Our Company cannot be held liable by a member or third parties because of closing an account. You acknowledge that when you delete your account, you will have no longer access, your personal sensitive data (account data) are removed. There will be no way to restore the account and you accept that you loose all potential rights linked to your account. From that point onwards, our Company will have no liability in any way anymore towards you. You can delete your account: by going to “My Profile” on the website and clicking on the ‘Delete account’ option:
1.We delete your sensitive personal information (type 1 - account information) and profile data (type 2 – payment information) and stop processing your data further. You will no longer receive communication from our company.
2.For business purposes some data remain stored, however are not traceable back to you as individual member, but only on aggregate level. Our clients demand the storage of these data and they have only the purpose of (aggregated) analysis on campaign or client level. Those data are the non-sensitive personal data, such as campaign data, third party data (type 3 and 4).
3.Content: all content (type 5 data) provided has become the sole ownership of our Company (see Section: Ownership and usage of your data) and might remain visible on our site, or any other channel, in any form possible. This includes blog posts, opinions, pictures or any other content provided.
Payment Terms and conditions
Some of our campaigns require your payment information as a condition to be able to participate. When you add the payment data in your profile (cf. section Type of data), you can modify or remove this payment data at any point through your profile settings. Before you provide payment data for a campaign, you are required to read and accept the participation terms and conditions of that campaign.
Our Company works with third party global payment gateways, which grant a secure transaction (according to the industry standards) and other security measurements are taken care to ensure the payment information is encrypted. In this way your credit card, debit card, online banking data are secure at all times. Our Company has no direct access to this payment information and we do not store this payment information in our database.
Permitted Limited Use of Information and Materials
You agree that you will not use the Website to obtain and send unsolicited email. Data & Content Property All posted or collected content (text, picture, survey data, general data, video, etc.) and information from the members through the website and email is the sole property of Our Company and may be used by and shared with third parties. Our Company may share this information with its business partners and/or third parties in order for them to have a better understanding of our members' opinions on certain matters or the type of people that use our website.
Our Company is in no way liable for immediate or consequential damage as a result of use - or ineffectuality of use - of the website. Our Company is not responsible for the material that is posted on our website. However, we closely monitor our website for racist, discriminating, aggressive, or any other comments that may cause immediate or consequential damage to The Insiders, its members, or third parties. Such comments will consequently be removed from the website. If our website contains links that, once clicked on, take you to the websites of other companies, the content of these sites was previously checked by Our Company at the time the link was created. However, we do not continuously check this content, which may change without our knowledge or consent. Therefore, Our Company is unable to guarantee that the content of those websites complies with legal requirements and cannot be held responsible for any damage that may result from the content or use of these sites. The party distributing the website at issue will be solely liable, not the party referring to the site in a link. This also applies to links posted by members on blogs or other pages on the website.
Our Company is in no way liable for immediate or consequential damage as a result of use - or ineffectuality of use - of products. As an intermediate party between our consumers and our clients, we are not liable for the tested products themselves, in terms of experience, defects, guarantee or any other direct or indirect damage, as this remains under the responsibility and liability of the manufacturer directly, as are all necessary technical, chemical, medical, pharmaceutical or other tests / investigations / analyses of the test product that have been carried out. Our company is not liable towards participating members in any way related to the product usage and members will not assert any claims to our Company, affiliated companies or employees. Members are responsible themselves to read carefully all provided information by the manufacturer and to use the product correctly and at own risk. Our company is also not liable for loss, damage or inability to deliver promised goods. Our company is able to withdraw products at any time or change campaign conditions to participate.
In case member points are available on the site, those points have no value, cannot be exchanged for cash, and are nontransferable. The purpose of points is only to increase the likelihood of campaign selection. The number of points awarded for an activity is described on the website. This number may vary and is determined on an individual basis by Our Company. At any time, Our Company reserves the right to modify, expand, or reduce the points’ value with or without prior notification to the members.
Disclaimer of Warranties
THE INFORMATION FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Venue; Applicable Law
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF CANBERRA, AUSTRALIA, OR THE APPLICABLE COURT UNDER AUSTRALIAN LAW. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT AUSTRALIA AND AUSTRALIAN LAW IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE.
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