Terms and privacy

Your account

You may be required to create an account (your Account) to access the Services.

You must ensure any information you provide is accurate and current.  By providing your email address, you consent to our use of that address to send you any messages related to your Account or the Services, including any notices required by law.

Your subscription

You may be required to purchase a subscription (your Subscription) to access some or all of the Services (the Product).

The pricing and inclusions of your Subscription are subject to change at any time, as is the Product.  If we increase the price of your Subscription, we will provide you with at least 14 days' notice unless the increase results from the expiry of a promotional period.

We will automatically charge your selected payment method for your paid term (for example, monthly or annually) until your Subscription is cancelled.  You are responsible for keeping your payment method up-to-date.

You can cancel your Subscription at any time.  If you cancel your Subscription, it will remain active until the end of your paid term and any paid amount will not be refunded.  You may not be able to resubscribe with the same pricing and/or inclusions.

We can cancel or suspend your Subscription at any time, including if we do not receive or are unable to process your selected payment method or if we detect or suspect your Subscription has been shared with others.

Subscription fees are not refundable.

We will not be liable to you for any loss or damage that you or any other person may incur in connection with your Subscription, whether direct, indirect, consequential or otherwise. In any case, our maximum liability to you is limited to the subscription fees paid by you to us in the 12-month period before the claim.

All prices are in Australian dollars unless otherwise specified. Any Subscription or offer of subscription is deemed to be provided to you in Australia, even if you are located elsewhere.

Personal use only

Unless we authorise you in writing, your Account and/or Subscription is for your personal use only.  Your email address may not be a generic or shared account.  You are responsible for all use conducted under your Account and/or Subscription, including ensuring you do not breach our intellectual property rights. You may not allow any third party to use your Account and/or Subscription. 

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, trademarks and other intellectual property rights) in the Services and of the material (including all text, images, audio and video) made available on the Services (the Content).

Unless we authorise you in writing, you may use the Services and Content for your personal, non-commercial use only.  You may not modify, copy, distribute, transmit, publicly display, perform, reproduce, publish, adapt, edit, license, commercially exploit, create derivative works from, transfer, ingest, sell or otherwise commercially benefit from the Services or Content.

If you choose to share any comments or ideas related to the Services or Content, you agree your disclosure is without restriction and will not place us under any fiduciary or other obligation. You further acknowledge that we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

Content

The Content is provided for your general information only and should not be interpreted as professional advice.  You should seek independent professional advice related to your specific circumstances. We are not liable for any financial, legal or other decisions based on your use of the Content.

We may link to websites or other services operated by third parties. We do not endorse and are not responsible for the content on those linked websites, and any access is at your own risk.

Advertising

The Services may include advertising or other messaging provided by third parties (Advertising).  

We do not endorse or recommend any third party and ask that you contact that third party directly if you have any queries or concerns regarding their Advertising.  You agree not to make any claim or complaint against us in relation to any Advertising.

Promotions and competitions

Additional terms and conditions may apply to certain promotions and competitions.  You need to agree to those terms and conditions to participate and, in case of any inconsistency, those terms and conditions will prevail over these Terms.

Election comment

Responsibility for election comment is taken by the Editor-in-chief, Capital Brief, PO Box R1577, Royal Exchange NSW 1225.

Collection notice

We may collect personal information about you in order to provide the Services or respond to your enquiries.  Our Privacy Policy provides further detail on how we use, and how you can access, that information.

While we care about the integrity and security of that information, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your information for improper purposes.

By providing information to us, you consent to the collection, use, storage and disclosure of that information as described in these Terms, and acknowledge that you provide that information at your own risk.

Other

We may use our discretion to vary these Terms in individual circumstances.

Warranties and disclaimers

To the maximum extent permitted by law, we make no warranties or representations about the Services or Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted, error-free or free from viruses, or that the Services will be secure.

Liability

To the maximum extent permitted by law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of the Services or Content, as a result of the inaccessibility of the Services, or if the Content is incorrect, incomplete or not up-to-date.

Severability

If any provision of these Terms is deemed to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

No waiver

No waiver of any term of these Terms shall be deemed to be a further or continuing waiver of such term or of any other term. Any failure to assert any right under these Terms shall not constitute a waiver of such right.

Governing law

These Terms and any issues arising under these Terms will be governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Last updated 8 May 2024

Privacy policy

Capital Brief (ABN 34 664 662 024) and our related bodies corporate (we or our) are committed to respecting your privacy. 

This Privacy Policy sets out how we collect, use, store and disclose your personal information. By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. 

We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details.

What personal information do we collect?

The personal information we collect depends on the circumstances.  For example, we may collect more personal information about a potential employee than we collect about a website visitor.

Depending on the circumstances, we may collect the following types of personal information:

• your name, address, email address, age or date of birth, telephone number and other contact details;
• your credit card information;
• information about your device information, such as device ID and type;
• digital usage information, such as geo-location, IP address and pages viewed;
• details of the products and/or services provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
• any additional information relating to you that you provide to us directly through our products or services or indirectly through your use of our products or services or online presence or through other websites or accounts from which you permit us to collect information;
• information you provide to us through customer surveys; or
• any other personal information that may be required in order to facilitate your dealings with us.

How do we collect personal information?

We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you: ‘

• register on our website or app;
• communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;
• interact with our sites, services, content and advertising; or
• invest in our business or enquire as to a potential purchase in our business.

In addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract. 

This Privacy Policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from the Privacy Act.

Why do we collect, use and disclose personal information?

We may collect, hold, use and disclose your personal information for the following purposes:

• to enable you to access and use our website and/or other products such as newsletters and apps;
• to operate, protect, improve and optimise our products, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
• to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
• to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
• to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
• to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
• to consider your employment application. 

We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.

Do we use your personal information for direct marketing?

We may send you direct marketing communications and information about our products and services. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (for example, an unsubscribe link).

To whom do we disclose your personal information?

We may disclose personal information for the purposes described in this privacy policy to:

• our employees and related bodies corporate;
• third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);
• professional advisers, dealers and agents;
• payment systems operators (eg merchants receiving card payments); 
• our existing or potential agents, business partners or partners;
• our sponsors or promoters of any competition that we conduct via our services;
• anyone to whom our assets or businesses (or any part of them) are transferred;
• specific third parties authorised by you to receive information held by us; and/or
• other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

Using our website and cookies

We may collect personal information about you when you use and access our website.

While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer. 

We may also use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy. 

Security

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, we cannot guarantee the security of your personal information. 

Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

Disclosure of personal information outside Australia

Your personal information may be stored outside Australia, such as by third-party technology suppliers based in the United States. 

When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that information in compliance with Australian privacy law. We will, however, take reasonable steps to ensure that such personal information is handled in line with this Privacy Policy.

Accessing or correcting your personal information

You can access the personal information we hold about you by contacting us using the details set out below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.

If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

Making a complaint

If you think we have breached our obligations, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take. 

Contact us

For further information about our Privacy Policy or practices, or to access or correct your personal information or make a complaint, please message us or write to The Privacy Officer, Capital Brief, PO Box R1577, ROYAL EXCHANGE NSW 1225.

Effective 10 July 2023