What is Tribe?

Social Influencers have become powerful allies in the marketing world, yet most remain unaware of their value, with no platform to initiate conversations with their favourite brands.

Until now.

TRIBE is a marketplace where brands can easily invite and brief these Influencers to activate powerful 1:1 campaigns and engage audiences they’re desperate to reach.

Driven by an experienced team of entrepreneurs, TRIBE is word of mouth marketing at scale.

How it Works

FAQS

general

Answer

How Tribe Helps You

The Brand

PR Agency

Media Agency

To activate large scale social campaigns in minutes.
Enter meaningful relationships between audiences and those they trust.
Spend LESS
to reach MORE.

FAQS

brands

Answer

How Tribe Helps You

The Influencer

Talent Agent

Look through your social feeds… you’ll be amazed how often you feature your favourite products without even trying.

Having you as a consumer is valuable to those brands, because your followers care what you say, eat, wear and do.

So before you publish your next post, scan it for brands. If they’re in your TR|BE app, they’ll pay you instantly for tagging their products.

As simple as swapping 'sunnies' for @rayban, or 'Telly' for @Netflix

Welcome to TRIBE.

Rewarding you for doing what you love.

FAQS

influencers

Answer

What We Believe?

TR|BE is born from endless workshops and countless industry meetings.

Built on one guiding principle: AUTHENTIC ADVOCACY.

Therefore, Influencers choose Brands. Not the other way around.

This ensures Influencers promote products they already love.

TR|BE is a true marketplace. One that begins with Brands posting a brief to an Influencer segment aligned to their product. If an Influencer is a fan of the product, they'll submit a lovingly crafted post for Brands to purchase, or politely decline.

Since Brands only pay for the posts they purchase, it costs nothing but a few minutes to cast the net and watch the submissions roll in.

Meet The Team

The Frontline

Jules Lund
Founder
Anthony Svirskis
CEO
Georgie Cavanagh
Head of Influencer Partnerships
Matt Hurle
Digital Sales Director
Elloise Foster
Designer
Conor Macleod
Marketing & Communications Intern

Behind our Executive Management and Advisory Board, TR|BE boasts an impressive syndicate of financial backers and industry leaders spanning tech, digital and media. All actively involved in the strategic growth of the business.

Meet The Team

The Backline

Matt Berriman
Business Advisor
Jane Martino
Business Advisor
David Gillespie
Product Advisor
Sam Cavanagh
Content Advisor
Stephen Von Muenster
General Counsel

Contact

For all brand enquiries
matt@tribegroup.co
+61 488 444 771

For influencer and media enquiries
georgie@tribegroup.co
+61 409 803 642

Success!

FAQS

general

Answer

FAQS

influencers

Answer

FAQS

brands

Answer

Terms and Conditions

HOUSE RULES

CONSUMER FIRST

Here at TR|BE we believe that consumers should always be put first with sponsored posts. Therefore both influencers and brands need to ensure that no campaign or post is false or misleading. TR|BE expects that the Australian Consumer Law and the guidelines issued by the Australian Competition & Consumer Commission will be adhered to by all users of the Tribe Platform.

We also support the AANA codes of practice that aim to promote through industry self-regulation consumer confidence in and respect for general standards of advertising. The system of self-regulation in Australia is endorsed by important industry bodies including The Communications Council and the Media Federation of Australia. Therefore all Campaigns and related Posts need to comply with the AANA Code of Ethics and related codes to ensure community standards are maintained.

HOUSE RULES

BRAND

BE RESPONSIVE: Please appreciate the energy each Influencer has invested into their submission by responding to each one quickly. This will also prevent Influencers having a negative experience with your brand.

BE BRAVE: Resist the urge to micro-manage. Everything from bad grammar to shaky footage makes up a unique dialect an Influencer has crafted with their tribe over thousands of posts. If you change the language, you’ll change the response.

BE OPEN: This platform is for Influencers, not celebrities. You may not recognize them, but rest assured their followers do. We believe accessing countless pockets of influence is far more meaningful than a large celebrity endorsement.

BE AWARE: Feel free to share an Influencer's post within the same social platform, however content cannot be used in any additional marketing material.

HOUSE RULES

INFLUENCER

BE TRANSPARENT: We strongly recommend you add #spon, #ad or similar in your caption if you feel your tribe can't reasonably identify a sponsored post.

BE GENEROUS: Post must stay on the top of your feed for minimum 5 hours and on your platform for 30 days.

BE AUTHENTIC: If you wouldn't recommend the brand for free - don't recommend it for money.

BE GENUINE: We work exclusively with Influencers who’ve organically grown their audience. If you’re misrepresenting the size of your audience, we reserve the right terminate your TR|BE account.

BE MINDFUL: If you’re seen to be recommending competing brands in quick succession or over-populating your feed with sponsored posts, you’ll lose credibility with your tribe.

COLLECTION STATEMENT

Tribe Digital (Australia) Pty Ltd (ABN 34 606 186 109) collects personal information about you from our websites including http://brand.tribegroup.co/, any or our related websites, mobile applications (including the Tribe Influencer App) and social media pages (each a “Website”), and as provided by you by any other means, including either physically or electronically. We may also collect personal information from social media sites and from commercial data providers, referral agents and other data providers who obtained your personal information from third party sources who hold your consent to disclose your personal information to us, or who have otherwise disclosed your personal information to us in circumstances where it is lawful to do so. Personal information will not be collected from any person who we know to be under the age of sixteen (16) without the consent of a parent or legal guardian. If you are a business we trade with, personal information is collected in order to carry on our trading relationship with you, including but not limited to processing transactions, assessing your credit risk and issuing invoices. Personal information is generally collected in order to allow you to sign up or register to become a member of a Website, to download an use a mobile application, to submit content and participate in a Website (including the Tribe Influencer App), to allow you to publish social media posts via a Website, to engage with other users and respond to campaigns or briefs, to make or receive payments, to provide you with newsletters (including electronic newsletters), respond to inquiries, maintain our relationship with you, provide you with certain content, products and services and, unless you opt-out or unsubscribe, to contact you in the future with information on products and services and to provide you with marketing materials via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) or any other form of electronic, emerging, digital or conventional communications channel whether existing now or in the future. Our Websites may also collect and use passively collected anonymous or personal information, or personal information from various third party sources, and may combine this anonymous information or personal information with other personal information collected from you, to provide better service to Website users, customise Websites based on your preferences, to provide you with relevant advertising when you use our Websites or third party websites, to compile and analyse statistics and trends, and otherwise administer and improve our Websites for your use. For the purposes described above, your information may be shared with our group companies (and their directors, servants and agents), promotional partners, other Website users and other trusted third parties including service providers engaged by us to perform a variety of functions including legal and accounting services, data storage, fulfilling orders, processing payments, assisting with promotions and providing technical services. Such group companies and third parties may be located in Australia or overseas including New Zealand, the United States of America, the Philippines and the United Kingdom. Failure to provide personal information may result in us being unable to carry on our trading relationship with you or provide you with certain content, products or services. Our Privacy Policy contains information about how you can access and correct your personal information, how you can lodge a complaint regarding the handling of your personal information and how we will handle any complaint. You may contact our privacy officer with any queries via email: hello@tribegroup.co or mail: 6 Emerald Way, South Melbourne VIC 3205 or telephone: +61 3 9005 6032.

TRIBE PLATFORM TERMS OF USE

INTRODUCTION

  1. The Tribe Platform is owned and operated by Tribe. Information about how to join and use the Tribe Platform forms part of these Tribe Platform Terms of Use (“Terms of Use”). By using the Tribe Platform, you agree to accept these Terms of Use and the House Rules.
  2. Tribe has created the Tribe Platform to allow Brands and Influencers to interact, form relationships and create and distribute sponsored Posts through the Influencer’s Channels (Twitter, Instagram and/or Facebook) subject to compliance with these Terms of Use. In these Terms of Use, Brands and Influencers are collectively and individually referred to as “users” or “you” as the context requires.
  3. Your access to and use of the Tribe Platform is conditional upon your agreement to and acceptance of these Terms of Use. Each time you use the Tribe Platform, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, do not use the Tribe Platform.
  4. Tribe may at any time revise these Terms of Use by updating this page. Revisions will take immediate effect and may affect your ability to use the Tribe Platform. Since you are bound by these Terms of Use each time you use the Tribe Platform, you should check these Terms of Use for any revisions each time you use the Tribe Platform and wherever prompted to do so. Your use of the Tribe Platform following the posting of any revisions to these Terms of Use constitutes your acceptance of those revisions.
  5. Tribe reserves the right to change the Tribe Platform in any way without notice to you. Even if you have an Account, your ability to access and use the Tribe Platform may be terminated at any time without notice to you. If you do not agree to these Terms of Use, you must immediately exit the Tribe Platform and, if you are using the Application, delete the Application from your device.
  6. Any costs associated with downloading, installing, accessing and using this Application, Campaign Builder, or any other element of the Tribe Platform remain your responsibility and are dependent on the service provider used.
  7. Tribe makes no representation that the Tribe Platform (or any element of the Tribe Platform) is appropriate or available for use in all locations.
  8. If you are the driver of a vehicle (or other form of transport), you must not use the Tribe Platform while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You may only use the Tribe Platform when the vehicle is lawfully parked. You must comply with all applicable road rules and regulations before and while using the Tribe Platform. In the interests of safety at all other times, Tribe recommends that you only use the Tribe Platform when it is lawful and safe to do so.

USING THE TRIBE PLATFORM

  1. The Tribe Platform allows Brands to create social media campaigns via Campaign Builder, which are then shared with Influencers via the Application. Influencers using the Application can respond to a Campaign by creating a Post and submitting it to the relevant Brand for approval. Influencers earn compensation when a Brand approves a Post and the Post is published to the Influencer’s Community via his or her Channels, as selected. The relevant Brand is solely responsible for reviewing and approving all Posts that form part of their Campaign and for the payment of the applicable Post Fee, in accordance with these Terms of Use. These Terms of Use shall apply to all transactions conducted through the Tribe Platform.
  2. Content is provided by the relevant Influencer or Brand, as applicable, and is not moderated, approved or endorsed by Tribe. Accordingly, no Content constitutes a representation by Tribe. If you have a question or concern about Content, including your rights to reproduce it, you must make your own inquiries to Tribe directly, or if advised by Tribe, by contacting the relevant Influencer or Brand directly.
  3. Influencers and Brands agree that they will not attempt to negotiate terms or payment with each other outside of the Tribe Platform. Without limiting any other rights or remedies available to Tribe, any attempt to circumvent the Tribe Platform may result in removal from the Tribe Platform at Tribe’s sole discretion.
  4. You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Tribe Platform to a human perceivable form; distribute or republish any element of the Tribe Platform in any way; resell, rent, lease or lend any element of the Tribe Platform; defeat, disable or circumvent any security feature of the Tribe Platform; or transfer any element of the Tribe Platform to any third party.
  5. The Tribe Platform is designed for use by people aged 16 years and over. Users under the age of 16 years may only use the Tribe Platform with the consent of a parent or legal guardian. To use the Tribe Platform, you must be eligible to use the social media platforms (under the relevant platforms prevailing terms and conditions) upon which you intend to publish Posts.
  6. You are solely responsible for your interactions with other users of the Tribe Platform. You agree that Tribe is not responsible for the conduct of any user.
  7. You must not engage in crawling, scraping, caching or otherwise accessing any content on the Tribe Platform via automated means, except with Tribe’s written consent.
  8. You agree that Tribe is not responsible for, and does not endorse, any Content posted using the Tribe Platform. Tribe does not have any obligation to pre-moderate, monitor, edit or remove any Content. If your Content violates these Terms of Use, you bear legal responsibility for that Content.
  9. Nothing in these Terms of Use is intended nor does create a partnership, agency, employment or fiduciary relationship between Tribe and any user.
  10. Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferrable licence to access and use the Tribe Platform in the manner anticipated in these Terms of Use. Any costs associated with accessing and using the Tribe Platform generally remains your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Tribe Platform and meets all relevant technical specifications necessary to obtain the benefit of the Tribe Platform.
  11. The Tribe Platform may contain links to other sites not maintained by Tribe (“Linked Sites”). Tribe is not responsible for the content of any Linked Sites, whether or not Tribe is affiliated with the Linked Sites. Tribe does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or contributions from you, Tribe shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for your convenience only and you agree to access them at your own risk.
  12. The Tribe Platform may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features on the Tribe Platform, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to the Tribe Platform accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Tribe Platform. The Tribe Platform is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

REGISTERING AN ACCOUNT

  1. In order to use the Tribe Platform, Influencers must register an account via the Application in the manner required and as set out in these Terms of Use (“Influencer Account”) and Brands must register an account via Campaign Builder in the manner required and as set out in these Terms of Use (“Brand Account”).
  2. Tribe reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of Tribe is final and no correspondence will be entered into.
  3. All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use the Tribe Platform. You may never use another’s Account without their permission.
  4. You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify Tribe of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify Tribe when you desire to cancel your Account. Tribe will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
  5. Tribe retains the right and absolute discretion to terminate your Account and/or access to the Tribe Platform (or any element thereof) if it believes that you are abusing or tampering with the Tribe Platform (or any element thereof) in any way, that you have breached these Terms of Use, or that you have engaged in any unlawful or other misconduct calculated to jeopardise the proper administration of the Tribe Platform (or any element thereof). Tribe’s legal rights to recover damages or other compensation from such an offender are reserved.
  6. The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. Tribe reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
  7. Users understand that in creating an Account they are providing their information to Tribe and not to any social media platform. Users of the Tribe Platform (whether Influencers or Brands) are solely responsible and liable for any Content or information they transmit to other users. To the extent permitted by law, each user of the Tribe Platform agrees to indemnify, defend and forever hold harmless, all social media platforms and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the user in respect of their use of the Tribe Platform. Any questions, comments or complaints about the Tribe Platform must be directed to Tribe and not to any media or social media platforms. For the purposes of this provision, Tribe contracts on its own behalf and also as trustee for the social media platforms and, accordingly, may take action in that capacity to recover on behalf of the social media platforms.

ADDITIONAL TERMS FOR INFLUENCERS

  1. Conditions 28-50 apply only to Influencers participating in the Tribe Platform.
  2. Any person over the age of 16 years, or over the age of 13 years with the consent of a parent or legal guardian, may register an Influencer Account, but in order to participate in any Campaigns and earn compensation via the Tribe Platform, Influencer’s must meet the following minimum standards:
    1. at least 3000 followers on the Influencer’s Channels;
    2. Influencer’s Channels must be public (viewable by anyone); and
    3. Influencer’s Channels may not contain content that is contrary to these Terms of Use.
  3. If you do not meet the minimum standard in condition 29 above, you may not be able to participate in Campaigns or access the full functionality of the Application.
  4. To register an Influencer Account, Influencer must download the Application and sign in to the Application with their Facebook, Instagram and/or Twitter accounts in the manner required. By signing in with your Facebook, Instagram or Twitter account, you are granting Tribe permission to publish Posts directly to your Channels in accordance with these Terms of Use.
  5. Once a Post has been approved by a Brand, you are required to publish the Post to your relevant Channel through the Tribe platform in the manner required within 24 hours of the Post being approved. You will not have an opportunity to edit a Post after a Brand has approved the Post. You agree you are solely responsible for the publication of Posts. Tribe merely provides a service allowing Brands to approve Posts before publication, but the publishing of Posts via the Tribe Platform remains your responsibility.
  6. Before receiving any Payments, you will be asked to provide financial details including your nominated bank account or PayPal account details, whether or not you are registered for GST, your ABN (if applicable) and any further required details. After an approved Post is published, you will be entitled to be paid the Post Fee (plus GST, if applicable to you), subject to your compliance with these Terms of Use and the House Rules. If you do not comply, you will not be paid. Tribe will pay the Post Fee (plus GST, if applicable to you) into your nominated bank account or PayPal account (as supplied by you via the Application in the manner required) on behalf of the Brand by Electronic Funds Transfer approximately 2 days after payment has been received from the Brand. Tribe will issue you with a recipient generated tax invoice for this purpose. No payments other than the Post Fee (plus GST, if applicable to you) are payable in respect of each approved Post. You are responsible for the accuracy of your nominated bank account or PayPal account details.
  7. You acknowledge and agree that the relevant Brand, not Tribe, will be solely liable for Payment of the applicable Post Fee for the approved Post. Tribe merely facilitates such Payment on behalf of the Brand and, while Tribe may remit payment to the Influencer directly to the account details provided by Influencer, under no circumstances does Tribe accept liability for Payment of the Post Fee. You agree that you will not pursue any actions, legal or otherwise, against Tribe for any non-payment, and that this provision constitutes a bar to any such proceedings.
  8. Posts must adhere to the requirements contained in these Terms of Use, the House Rules and any additional requirements imposed by Brands as part of a Campaign and advised to Influencer at the time of submitting the Post for approval (Dos and Don’ts). Posts which do not comply with this condition may be removed from the Tribe Platform at Tribe’s absolute discretion.
  9. Influencers must clearly disclose in sponsored Posts their relationship with the Brand. Tribe requires that you make such disclosures in such a way so that it is clear to the ordinary consumer viewing your Channels that there is a commercial relationship between Influencer and the Brand. This may be achieved through the use of hashtags such as #sponsored, #spon, #advertisement or #ad or through other means suitable to your particular circumstances, Community and Channels. Tribe reserves the right, but is in no way obliged, to review and monitor the disclosure practices of all Influencers in relation to particular Posts or your Channels generally and to require greater levels of disclosure (at Tribe’s sole discretion) in particular Posts or across your Channels generally or, if you do not agree to the required levels of disclosure, to remove you from the Tribe Platform.
  10. You warrant, in respect of each Post you upload to the Application, submit to a Brand for approval, or publish to a Channel via the Tribe Platform, that:
    1. you are aged over 16 years or over 13 years and have your parent or legal guardian’s consent;
    2. you own the Intellectual Property Rights in the relevant Post and have the right to licence the Post to Tribe and the Brand in the manner set out in these Terms of Use;
    3. the relevant Post does not violate the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;
    4. the relevant Post does not contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;
    5. any and all opinions and views stated in the relevant Post are genuinely held by you;
    6. and any and all statements in the relevant Post regarding your use and experience of the Brand or the Brand’s products or services are true and correct and fairly represent that use and experience and you will promptly notify Tribe if your opinion of the Brand changes from that which you have expressed to date;
    7. the relevant Post does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
    8. the relevant Post is original and does not contain materials that have been previously broadcast, streamed, published or otherwise communicated to the public by you in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party;
    9. if you are a member of any guild, union or industrial organisation, you have not entered into any other agreement, arrangement or understanding which would or may prevent or limit you from adhering to these Terms of Use, performing your obligations or granting the rights and benefits set forth herein, or result in a conflict of interest;
    10. if the relevant Post contains images or references to third parties or third party property, that the third party (or third party property owner) has been informed and agrees in writing that such images or references may be used by the Brand in accordance with these Terms of Use without remuneration or compensation to the third party (or third party property owner) for the purpose of promoting the Brand; and
    11. the mere use of the Post and the exercise of the Intellectual Property Rights in the relevant Post by the Brand and Tribe will not infringe any legal rights, copyright or other Intellectual Property Rights of any person or entity nor give rise to a liability to pay compensation.
  11. You acknowledge and agree that the Brand and Tribe has the right at any time to moderate any Post after publication to a Channel and that you will immediately make any reasonable modification or amendment requested by Tribe or the relevant Brand to the Post, subject to compliance with these Terms of Use and the House Rules. You also acknowledge and agree that if you post an incorrect Post, the Brand or Tribe may request that you post the correct approved Post and that you will immediately comply with such a request.
  12. You acknowledge and agree that the Brand and Tribe has the right at any time to request that you remove any approved Post from you Channels and that you will comply with such a request immediately upon receipt of notification, subject to Payment in full to you of the Post Fee in accordance with these Terms of Use.
  13. Tribe and the relevant Influencer and Brand acknowledge and agree that any necessary public relations announcements regarding the removal or modification of a Post, as the case may be, will be agreed by Tribe and the relevant Influencer and Brand before publication.
  14. All right, title and interest in all Intellectual Property Rights in Posts will remain or be vested in the Influencer. Nothing in these Influencer & Brand Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in the Posts to any other party, including Tribe or the Brand.
  15. In consideration of Payment of the Post Fee, the Influencer agrees to grant in respect of each and every Post:
    1. to Tribe (and its agents) the right to edit and re-format the Post into such formats or versions for use by Tribe in such media as Tribe requires in accordance with this clause;
    2. to Tribe (and its agents):
      1. a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the Post for the purpose of marketing and promoting Tribe (and its products and services) in any manner, without further notification to or consent of the Influencer or any further compensation payable to the Influencer;
      2. the right to use the Influencer’s Identity and performances in the Post and to communicate the Post to the public in all languages, in all media including but not limited to: all online paid media (including but not limited to digital banners); in all online owned media (including but not limited to the website of Tribe and internal communications of Tribe); in all social media (including but not limited to the social media channels of Tribe); and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media).
    3. to the relevant Brand (and its agents):
      1. the right to share, comment upon and re-post the relevant Post in the social media channel upon which the Post was published, for a period of thirty (30) days expiring at 11:59pm on the thirtieth day after the Post was first published; and
      2. the right to use the Influencer’s Identity and performances in the Post and to communicate the post to the public in accordance with conditions 42(c)(i) above and in any earned media or public relations activity published by a third party (including but not limited to print, digital and/or social media).
  16. You acknowledge and agree that the relevant Brand will not be required to remove from its social media channels any Post or any comment, share or re-post of a Post after the period in condition 42(c)(i) has expired.
  17. As an Influencer, in respect of each Post, you consent to the relevant Brand and its successors, licensees, and assigns, and anyone authorised by them, changing, copying, adding to, taking from, adapting or translating, in any manner or context or doing any other act in respect of the Post notwithstanding that such conduct may infringe your moral rights or performer’s rights (or similar laws in any territory or jurisdiction) in the Post, and, to the extent possible, your grant a waiver of all moral rights and performer’s rights in each Post.
  18. As an Influencer, you agree that you will not:
    1. for a period of five (5) hours after a Post is published, post, share, re-tweet or re-gram any other posts or content to that Channel where the effect of publishing such additional posts or content would be to reduce the prominence of the Post;
    2. remove the Post from your Channels for a period of 30 days after the Post is published, expiring at 11:59pm on the thirtieth calendar day after the Post is published;
    3. edit any approved Post after it has been published other than in accordance with these Terms of Use;
    4. parody, disparage or make fun of the Brand or its products of services generally in any way;
    5. create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines a Post or the Brand or its products or services; and
    6. grant any further rights in a Post to a Brand without the written permission of Tribe and appropriate fees being negotiated on a reasonable basis. Tribe will charge a reasonable service fee for negotiating any use extensions between you and a Brand.
  19. You acknowledge that the restrictions contained in the clause above are reasonable in scope and duration having regard to the interests of the Brand and Tribe and that these Terms of Use go no further than is reasonably necessary to protect the interests of the Brand and Tribe.
  20. As an Influencer, you will at all times perform your obligations and provide Posts to Tribe and the Brand as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither Tribe nor the Brand will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of either Tribe or the Brand, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions.
  21. You agree that you must not at any time claim or assert that any portrayal, representation, impersonation or depiction of you in the Posts constitutes a violation of any of your rights, including any right of privacy, publicity, false light or a right to bring proceedings for defamation, whether such portrayal, representation, impersonation, depiction or exploitation is by the Brand, Tribe or any their respective successors or licensees. You hereby release the Brand, Tribe and their respective agents, employees, successors and licensees, from any and all claims by you or under your authority arising out of or in connection with any portrayal, representation, impersonation or depiction of you under these Terms of Use.
  22. You acknowledge that Tribe has not made any warranties in respect of the success of a Post or that a Post will be approved by a Brand or in respect of your business or commercial performance or otherwise.
  23. You agree that you (and your agents) will not negotiate terms or payment from Brands outside the Tribe Platform. Any attempt to circumvent the Tribe Platform may result in the removal of you from the Tribe Platform in Tribe’s sole discretion.

ADDITIONAL TERMS FOR BRANDS

  1. Conditions 51-68 apply only to Brands participating in the Tribe Platform.
  2. To register a Brand Account, you must access Campaign Builder and log in in the manner required, including providing their full name, email address, telephone number and password, and selecting your preferred payment method (invoice or credit card) and providing payment details where requested. You will not be charged to create a Brand Account. You will only ever be charged when you approve a Post.
  3. Tribe may, at its sole discretion, implement a minimum spend for Brand Accounts. You will be notified in writing of any such minimum spend.
  4. Brand agrees to grant in respect of all Content uploaded to the Tribe Platform as part of a Campaign:
    1. to Tribe (and its agents), a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the Content for the purpose of marketing and promoting Tribe (and its products and services) in any manner, without further notification to or consent of the Brand or any compensation payable to the Brand; and
    2. to the relevant Influencer, a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to post, share, comment upon and re-post the relevant Content across their Channels as part of any approved Post in accordance with these Terms of Use and the House Rules.
  5. You agree to pay Tribe all fees and charges made to your Brand Account for agreed Post Fees and use of the Tribe Platform, in accordance with these Terms of Use.
  6. You must pay all charges in the manner set out in Campaign Builder or as otherwise advised by Tribe in writing from time to time. If no manner for payment is stated, the payment must be made by credit card using a provider authorised by Tribe. Tribe reserves the right to charge a credit card surcharge.
  7. When you approve a Post, you undertake that you are an authorised user of the card or account (as applicable) nominated on your Brand Account and to pay the applicable charges, that the card details provided are current, correct and complete and that your nominated card or account (as applicable) will cover the full amount of the charges. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means. Upon receiving your Campaign (including your Campaign Budget), we may carry out a standard pre-authorisation check of your nominated card or account (as applicable) to verify the details provided and to ensure there are sufficient funds to fulfil the Campaign Budget. The relevant Campaign may not be shared with Influencers via the Application until this pre-authorisation check has been completed.
  8. Upon an Influencer publishing an approved Post, you authorise us to debit the Brand Fee that is payable for the Post from your nominated card or account (as applicable) in order to pay the charges. You must pay all charges in full strictly within 7 days or as otherwise advised by us in writing from time to time. If no timeframe for payment is stated, the payment must be received by us no later than 7 days from the date of the corresponding tax invoice for those Posts.
  9. If you fail to pay any charges or we are unable to successfully process your payment of any charges within the timeframe required (as applicable), we reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than $10.00 per month. This amount represents a genuine and reasonable estimate of such costs and expenses associated with managing and processing late payments. We also reserve the right to withdraw credit facilities (where applicable) at any time or to remove your access to the Tribe Platform. You may also be liable to pay interest on any amount outstanding at the rate of two percent (2%) over the base rate for $100,000.00 + overdrafts quoted by Macquarie Bank in Sydney on the date the payment becomes due and you may also be responsible for all reasonable expenses incurred by us as a result of such late payment (including but not limited to costs incurred by us to recover any unpaid amounts). Without limiting our rights, in the event you fail to pay any charges within the timeframe and in the manner required, we reserve the right to suspend or terminate your access to the Tribe Platform or to suspend or terminate any current Campaigns.
  10. Brand acknowledges and agrees that it may not offer a product, service or other non-monetary arrangement to an Influencer as partial or full payment by a Brand for an Influencer’s Post;
  11. Tribe in its sole discretion reserves the right to reject Campaigns that do not comply with these Terms of Use.
  12. You agree that you will not negotiate terms or payment to Influencers outside the Tribe Platform. Any attempt to circumvent the Tribe Platform may result in the removal of the Brand from the Tribe Platform in Tribe’s sole discretion.
  13. You must not attempt to instruct, coerce or manipulate Influencer to hide the commercial relationship between the Advertiser and the Influencer. Such attempts may result in Brand being immediately removed from the Tribe Platform.
  14. You warrant that:
    1. you own the Intellectual Property Rights in Content you upload to the Tribe Platform and have the right to licence the Content to Tribe and Influencers in the manner set out in these Terms of Use; or
    2. you have the right to licence the Content to Tribe and Influencers in the manner set out in these Terms of Use; and
    3. you will not encourage or facilitate any misrepresentation or suggestion that the Brand or any entity has the approval or sponsorship of any other entity which the Brand or entity does not have; and
    4. any Content you upload to the Tribe Platform does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.
  15. In the event an Influencer meets the requirements outlined in a Campaign and you approve the Post, you will not deny Payment to Tribe for the Post. Tribe will make payment of the Post Fee to the Influencer 48 hours after receiving Payment of the Brand Fee from you, unless the Influencer has otherwise breached these Terms of Use or the House Rules. Tribe is not responsible for identifying any breach of these Terms of Use or the House Rules by an Influencer.
  16. Brand agrees that Tribe is not responsible for any aspect of the Brand’s Content to be reviewed, shared, sponsored or advertised by Influencers. Brand acknowledges and agrees that Tribe is not responsible or liable for the content of any Post.
  17. Brand acknowledges that Influencers are independent third parties and not directly controlled by Tribe. As a consequence, any Posts will inherently risk negative or unflattering comments about Brand’s content, products or services. Brand specifically acknowledges and agrees that Tribe has no control over any Post that may be published and that Brand is solely responsible (and assumes all liability and risk) for determining whether such Post are acceptable and appropriate to the Brand.
  18. You acknowledge that Tribe has not made any warranties in respect of the success of any Campaign in respect of your business or commercial performance or otherwise of any Post, Campaign, Channel or other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement.

TRIBE’S INTELLECTUAL PROPERTY

  1. All Tribe Materials on the Tribe Platform are protected by all applicable laws including copyright and trade mark laws unless otherwise specifically noted and may not be used except as permitted in these Terms of Use. Nothing in these Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in the Tribe Materials to a Brand or Influencer.
  2. All right, title and interest in all Intellectual Property Rights in all of Tribe’s brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Tribe Platform (the “Brand Features”) are the property of Tribe and will remain or be vested in Tribe at all times. Your use of the Tribe Platform will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Tribe Platform. Tribe, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Tribe Platform.

INFLUENCER & BRAND REPRESENTATIONS AND WARRANTIES

  1. Influencers and Brands participating in the Tribe Platform warrant, represent and covenant that:
    1. all information you provide to Tribe upon registering for an Account is true, accurate and complete and not misleading;
    2. any third-party social media accounts to which you link are:
      1. your own accounts;
      2. if the Account refers to a Brand, that you are the authorised representative of the Brand with the right to access its social media accounts and represent its interests; and
      3. if the Account refers to an individual other than you, you are the authorised representative of that individual with the right to access his or her social media accounts and control his or her interests;
    3. You have the right and authority to create an Account and agree to these Terms of Use and the House Rules, including, where relevant, the authority of any Brand or individual to create an Account, agree to these Terms of Use and to use the Tribe Platform on its or his or her behalf;
    4. You are authorised to submit Content, as applicable, in the manner invited via the Tribe Platform;
    5. any Content you submit to the Tribe Platform will not contain anything that;
      1. is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
      2. is copied or adapted either wholly or substantially from any other work or material;
      3. is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;
      4. parodies, disparages or makes fun of Tribe or its products of services or Tribe generally in any way;
      5. solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses (unless part of a Campaign);
      6. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
      7. involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam; or
      8. infringes the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity.

GST

  1. Words or expressions used in these Terms of Use that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning as given in the Act. If GST applies to any supply made under these Terms of Use, then the party making that supply may, in addition to any other amount payable, recover from the other party an additional amount on account of GST, such amount to be calculated on the basis of the current GST rate. Unless otherwise specified, any amount payable under these Terms of Use is exclusive of GST.

ACKNOWLEDGEMENTS

  1. The Brand and the Influencer acknowledge that:
    1. neither the Influencer nor Tribe is required to purchase any of the Brand’s products or services;
    2. Brand may, in its sole discretion, arrange to send an Influencer a sample product. Influencer may request a Brand to send a sample product, but Brand is under no obligation to do so;
    3. Tribe will not be responsible or liable in any way for late delivery or non-arrival or any products sent from a Brand to an Influencer. Address provided by Influencer through the Tribe Platform is not verified by Tribe;
    4. if Brand sends a sample product to an Influencer, there is no guarantee that the Influencer will submit a Post about the product or that any post submitted will be positive. All product reviews must reflect the Influencer’s genuinely held beliefs;
    5. if an Influencer chooses to purchase a product, there is no guarantee that Influencer’s Post(s) about the product will be approved by the Brand;
    6. a product, service or other non-monetary arrangement cannot be offered or used as partial or full payment by a Brand for an Influencer’s Post;
    7. nothing in these Terms of Use grants to the Brand any ownership rights in the Intellectual Property Rights in the Posts or the Influencer’s Identity;
    8. nothing in these Terms of Use grants to the Influencer any ownership rights in the Intellectual Property Rights of the Brand; and
    9. nothing in these Terms of Use requires the Brand to make use of any of the rights granted to the Brand by the Influencer under this Agreement.

INDEMNIFICATION

  1. You agree to indemnify, and must defend and hold harmless, Tribe and its related bodies corporate, personnel, servants and agent, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Tribe Platform):
    1. your Content or access to the Tribe Platform;
    2. your breach of these Terms of Use, the House Rules or any of the warranties or covenants given or made by you;
    3. your claim against a Brand for any reason;
    4. your claim against an Influencer for any reason;
    5. any claim by any third party (including any other brand or influencer) arising directly or indirectly from you breach of any of the provisions of these Terms of Use or House Rules;
    6. any claim or allegation that your Content infringes a third party’s rights, including Intellectual Property Rights.
    7. your violation of any applicable laws, rules or regulations; and
    8. any misrepresentation made by you.

LIMITATION OF LIABILITY

  1. In using the Tribe Platform, you may be exposed to Content that is harmful, obscene, misleading or inaccurate. Under no circumstances will Tribe be liable in any way for any Content, including but not limited to any errors or omissions in such Content or any loss or damage of any kind incurred as a result of any use of Content posted, transmitted or otherwise made available via the Tribe Platform.
  2. Any liability of Tribe to a Brand in connection with these Terms of Use, the House Rules or the Brand’s use of the Tribe Platform, regardless of the form or cause of action, shall be limited to the amount actually paid by the Brand to Tribe for the services related to the Brand’s most recent Campaign. Tribe shall not be liable to Influencers for damages of any kind arising out of the Influencer’s use of the Tribe Platform. Without limiting their foregoing, in no event shall Tribe or any of its associated entities, successors in title, licensees or assigns be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, arising out of, or in connection with, the Tribe Platform, these Terms of Use, the House Rules, or any Post, Content or Campaign. The foregoing limitations apply whether the alleged liability is based on tort, contract, negligence or any other basis, even if Tribe or any other party has been advised of the possibility of such damages.

DISCLAIMER

  1. This entire clause does not apply to any Consumer Guarantee under the Australian Consumer Law and does not apply to any liability of Tribe’s for failure to comply with a Consumer Guarantee under the Australian Consumer Law. Whilst Tribe endeavours to take all reasonable steps to ensure that the Tribe Platform operates as expected, the Tribe Platform and its entire contents are provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Tribe disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose. Tribe does not make any guarantees and does not provide any undertaking that the Tribe Platform will be available at all times or that it will be error free, reliable or secure or free from viruses or other harmful components or that any defects will be corrected. You agree that you use the Tribe Platform at your own risk and that Tribe disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Tribe Platform, whether they are direct or consequential (including loss of profits, loss of business revenue or loss of goodwill). This includes any loss that results from any interference, malfunction, delays, failures or damage that occurs to your device or that results from accessing, installing, updating or using the Tribe Platform. You assume total responsibility for your use of the Tribe Platform, including compliance with all applicable road rules and regulations. Subject to the Consumer Guarantees, your sole remedy against Tribe for dissatisfaction with the Tribe Platform or any content is to stop using the Tribe Platform or such Content. This limitation of relief is a part of the bargain between the parties.
  2. If the supply of any goods or services by Tribe to a Brand or Influencer constitutes a supply of goods and/or services to a Consumer then subject to the limitation to this clause below and unless the goods and/or services are Consumer Goods or Consumer Services, Tribe’s and its affiliates' and related entities', its servants', employees' and agents' liability for any breach of these Terms of Use, including any liability for any losses or consequential losses which the Brand or Influencer may suffer or incur because of a failure to comply with a Consumer Guarantee will be limited as Tribe may elect in its sole discretion, in the case of services supplied or offered by Tribe, to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by Tribe, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired. This clause does not apply if it is not Fair or Reasonable for Tribe to rely on it.
  3. In these Terms of Use:
    1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
    2. Consumer has the same meaning as given in section 3 of the Australian Consumer Law;
    3. Consumer Goods means 'goods of a kind ordinarily acquired for personal, household or domestic use or consumption', as that expression is used in section 3 of the Australian Consumer Law;
    4. Consumer Guarantee means a Consumer Guarantee applicable to this Services Agreement under the Australian Consumer Law, including any Express Warranty;
    5. Consumer Services means 'services of a kind ordinarily acquired for personal, household or domestic use or consumption', as that expression is used in section 3 of the Australian Consumer Law;
    6. Express Warranty has the same meaning as given in section 2(1) of the Australian Consumer Law;
    7. Fair or Reasonable means 'fair or reasonable' for the purposes of section 64A of the Australian Consumer Law.

PRIVACY

  1. Tribe collects, uses, holds and discloses personal information in accordance with its Collection Statement (available at http://brand.tribegroup.co/) Privacy Policy (available at http://brand.tribegroup.co/) and otherwise as set out in these Terms of Use. These Terms of Use prevail to the extent of any inconsistency.
  2. In addition to the purposes of collection set out in its Privacy Policy and Collection Statement, Tribe collects personal information from you for the following purposes: to enable it to administer and provide the Tribe Platform; to connect Brands with Influencers; to publish Posts, to facilitate Payments; to verify your identity; and to assist Tribe in improving the Tribe Platform.

MONITORING

  1. Tribe reserves the right to monitor the Tribe Platform generally and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, Tribe may close or freeze the Account immediately. Tribe retains the right and absolute discretion to suspend or terminate your Account, and/or access to the Tribe Platform generally without notice if Tribe believes you have abused any privilege accorded to you as a participant in the Tribe Platform, supplied misleading information or made any misrepresentations to Tribe in connection with the Tribe Platform tampered with the Tribe Platform in any way, breached these Terms of Use or the House Rules, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the Tribe Platform. Tribe retains the right to remove any Content that it considers breaches these Terms of Use or the House Rules. In the event of termination or suspension of your Account in accordance with these Terms of Use, you will have no further access to your Account for the duration of the suspension or at all in the event of termination. Tribe’s legal rights to recover damages or other compensation from you are reserved.

GENERAL TERMS

  1. If the Tribe Platform is not capable of running as planned for any reason beyond the reasonable control of Tribe, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Tribe Platform, or if any social media platform alters its terms of service, access or permission in such a way that affects the Tribe Platform, Tribe reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Tribe Platform.
  2. These Terms of Use are governed by and are to be construed in accordance with the laws of the State of New South Wales and the parties submit to the jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
  3. If you are using the Tribe Platform on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Tribe and govern your use of the Tribe Platform, superseding any prior agreements between you and Tribe. You will not assign any rights or obligations under these Terms of Use, in whole or in part, to any third party without the prior written consent of Tribe. Tribe may assign its rights or obligations hereunder at its sole discretion.
  4. If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms of Use without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

CONTACT AND HELP DETAILS

  1. You may contact Tribe via:

    Address:
    The Privacy Officer
    Tribe Digital (Australia) Pty Ltd
    6 Emerald Way
    South Melbourne VIC 3205
    Telephone:03 9005 6032
    Email:hello@tribegroup.co

INTERPREATION

  1. In these Terms of Use
    1. clause headings are inserted for convenience and are not to be used in the interpretation or construction of these Terms of Use;
    2. words importing any gender include all other genders;
    3. the singular includes the plural and vice versa;
    4. a word that is derived from a defined word has a corresponding meaning;
    5. including and includes are not words of limitation;
    6. a reference to a natural person includes their personal representatives, successors and permitted assigns;
    7. monetary amounts are expressed in Australian dollars; and
    8. Party means a party to these Terms of Use.
  2. The following terms have the following meanings in these Terms of Use:
    1. “Account” means a Brand Account or an Influencer Account;
    2. “Application” means the Tribe Influencer App available for download via https://www.apple.com/itunes/
    3. “Brand” means any person or entity, or its duly authorised agents or representatives, that use the Tribe Platform for the purpose of creating Campaigns;
    4. “Brand Account” means an account to use Campaign Builder as defined in paragraph 21.
    5. “Brand Fee” means the stated fee payable by a Brand to Tribe in respect of an approved Post plus any applicable GST;
    6. “Campaign” means a campaign created by a Brand using Campaign Builder to be opened to Influencers via the Application for the purpose of finding appropriate Influencers to publish Posts about the Brand;
    7. “Campaign Budget” means the sum money a Brand nominates as the sum it is willing to spend during a Campaign;
    8. “Campaign Builder” means the desktop platform for Brands to create Campaigns to be featured on the Application and available at http://brand.tribegroup.co/;
    9. “Channels” means the social media channels of an Influencer, such as Twitter, Facebook or Instagram.
    10. “Community” means an Influencer’s social media following on its Channels.
    11. “Content” means a Post or any other content uploaded to the Tribe Platform by a Brand or an Influencer.
    12. “Dos and Don’ts” has the meaning given in paragraph 35.
    13. “Influencer” means a social media influencer who registers to use the Application to create and distribute Posts and receive compensation for such Posts through the Tribe Platform.
    14. “Influencer Account” means an account to use the Application as defined in paragraph 21.
    15. “House Rules” means the code of practice and conduct that must be adhered to by Influencer’s and Brands.
    16. “Influencer’s Identity” means the name, image, likeness, character and online persona of the Influencer.
    17. “Intellectual Property Rights” means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, any rights in silicon chip topography, Confidential Information and Know-How and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise.
    18. “Payment” means payment from Tribe to an Influencer for a Post or a payment from a Brand to Tribe, as the context requires;
    19. “Post” means a social media post created by an Influencer to be shared with the Influencer’s Community via the Influencer’s Channels.
    20. “Post Fee” means the fee an Influencer nominates as the amount it will charge a Brand to share a Post with the Influencer’s Community via the nominated Channel.
    21. “Tribe” means Tribe Digital (Australia) Pty Ltd;
    22. “Tribe Materials” means the Tribe Platform and any associated materials owned, developed or licensed by Tribe and made available via the Tribe Platform;
    23. “Tribe Platform” means the Application, Campaign Builder and any associated Tribe properties or websites.

Privacy Policy

Personal information is important to us

  1. We are committed to safeguarding personal privacy. We recognise that you have a right to control how your personal information is collected and used. Providing personal information is an act of trust and it is taken seriously. Unless given consent to do otherwise, we will only collect and use personal information as set out below.
  2. Throughout this Privacy Policy, we refer to your 'personal information', which means information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. Your foll name, gender, date of birth, home address, home telephone number, mobile telephone number, email address and workplace contact details are examples of information which may constitute personal information. Personal information may also include information we may collect about your individual preferences.
  3. Tribe has developed and implemented its Privacy Policy with respect to personal information to reflect world best practice on privacy policies. These principles meet and exceed the requirements of the Privacy Act 1988 (Cth) (as amended) and the 13 Australian Privacy Principles.
  4. In order to keep up with changing legislation and best practice, we may revise this Privacy Policy at any time without notice. We will post any changes to this Privacy Policy on our Websites, so we encourage you to check this Privacy Policy from time to time.
  5. In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy and consent provisions that apply to certain Collection Channels. Because those specific and additional provisions also relate to your privacy protection, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.

Anonymity and pseudonymity

  1. Where practicable, we will allow you to deal with us on an anonymous or pseudonymous basis. If this is practicable, our Collection Channels will only seek information in this way. However, where it is not practicable for the purposes for which information is collected, we will seek the information identified below. It will not be practicable to deal with you on an anonymous or pseudonymous basis when we wish to send you direct marketing materials or need to provide you with goods or services requested by you.

Kinds of Personal Information that Tribe Collects and Holds

  1. Personal information that may be requested includes, but is not limited to:
    1. contact information such as your foll name, date of birth, telephone number, mobile telephone number, current and valid email address, residential address and postcode;
    2. your Apple AppStore and/or Google Play Store ID and your unique device identifier (UDID);
    3. your social media handles and login details including usernames;
    4. location information;
    5. more detailed contact preferences;
    6. sensitive information about you;
    7. photographs of you;
    8. your occupation and information regarding your professional history and professional interests;
    9. information regarding your education and qualifications;
    10. information regarding your personal interests and interesting and relevant information about you;
    11. financial details including your bank account details and PayPal details;
    12. your online behaviour and interests based on your online browsing activity;
    13. information about your preferences, interests, and experiences with our products or services. This information is collected in order to tailor our communications to you and continuously improve our products and services;
    14. information about your experience with our products or services or third party products or services listed on a Website;
    15. your credit card details (where you purchase any products or services from us);
    16. the contact details of third parties. If you are asked to provide details about other people, please ensure that these individuals are happy for their details to be given to Tribe and used for the purposes set out in this policy (which may include using their details for marketing purposes); and
    17. any other personal information which you provide directly to us. Where you provide us with unsolicited personal information, we will retain this information where it falls within our primary purposes for collection of personal information (as stated in this privacy policy).
  1. When you use a Website, we may also collect personal information about you in the following general categories:
    1. usage and preference information: we collect information about how you interact with a Website, including the pages you visit, your preferences and settings that you choose. We may do this through the use of cookies and other similar technologies that uniquely identify you;
    2. device information: we may collect information about your mobile device such as the hardware model, operating system, preferred language, unique device identifier and mobile network; and
    3. other information: we may also collect and log information such as your IP address, access dates and times, browser type and pages visited when you interact with a Website.

Sensitive Information

  1. We will only collect sensitive information with your consent and where you provide it to us directly. Where you provide us with any sensitive information (including, but not limited to, information about your sexual orientation, religious beliefs, medical and/or criminal history), we will only use this information for the purposes stated at the time of collection will share this information with our trusted third parties in the manner stated on the Website or in this Privacy Policy.

How Tribe Collects and Holds Personal Information

  1. We will only collect or monitor any personal information about you with your consent including as provided in this Privacy Policy or if it is otherwise lawfol to do so. The only personal information collected by us is what has been provided to or collected by us in accordance with this Privacy Policy or has been provided to us lawfolly by third parties.

Active Information Collection

  1. information may be collected (and combined) via our Collection Channels if you:
    1. have previously provided us with personal information prior to this Privacy Policy coming into effect, either directly from you personally or via a third party;
    2. sign-up and/or register to become a member of any Collection Channel;
    3. download and use a mobile and/or tablet application including the Tribe Influencer App;
    4. submit any content to or participate in any way via a Collection Channel, including engaging with other users or taking part in campaigns;
    5. subscribe to any newsletters, updates, alerts or news and media releases, or request launch or event information or information about our products or services or other information services as well as third party products or services;
    6. complete and submit any forms or applications to us;
    7. contact us directly in person or via any medium including mail, telephone, social media and commercial electronic messages (SMS (Short Message Service), MMS (Moltimedia Message Service), IM (Instant Messaging) and email) including via the contact details listed on a Website;
    8. participate in any offers, promotions or marketing activities;
    9. interact with a Website for a specific purpose;
    10. interact with or browse a Website generally; or
    11. if you are a business we trade with, complete a credit application.
  1. Personal information is requested in order to allow you to participate in a Collection Channel, to facilitate or provide you with certain content, products or services, and information about such content, products or services (including the uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), marketing materials (including direct marketing materials), newsletters, electronic newsletters (e-newsletters), news and media releases / launch information, and also to advise you of other Tribe or third party opportunities and products, services, offers, competitions or events which may be of interest. No one is obligated to provide personal information. However, failure to do so may resolt in you being unable to participate in a Collection Channel and Tribe being unable facilitate or provide you with certain content, products or services, products or services information, upcoming opportunities and promotion, competition, offer or event information or accept competition entries or other content from you (where applicable).
  1. We may also obtain your personal information from legitimate third party sources including social media channels, list brokers and other data providers or organisations that share data in circumstances where it is lawfol and/or you have given permission for them to do so. If you are a representative of a business we trade with, we may also obtain your credit history information from a credit reporting body, and trade history information from references you provide us with.

Children

  1. The collection of personal information is neither intended for, nor directed to, persons who are under the age of sixteen (16) years old. Personal information will not be collected by any person who is known by Tribe to be under the age of sixteen (16) without the consent of a parent or legal guardian. Persons under age sixteen (16) may only use our Websites with the involvement and consent of a parent or legal guardian.

Passive Information Collection

  1. As with many commercial websites and mobile and tablet applications, we may also collect information which tells us about visitors to our Websites. For example, we may collect information about the date, time and duration of visits and which pages of a Website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a Website is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing a Website. By accessing a Website via links in an email we have sent and/or by accessing a Website generally including when you are logged into an account, you consent to the collection of such information where it is personal information.
  1. As you navigate through our Websites, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies, such as Unique Device Identifiers (UDI), cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). In certain circumstances, this information may be considered anonymous information or personal information under the Privacy Act 1988 (Cth). This is dependent on the device used and the method by which an individual connects to the Internet. Your Internet browser automatically transmits to the Website you are browsing some of this anonymous information or personal information, such as the URL of the website you just came from, the Internet Protocol (IP) address, the UDI (if applicable) and the browser version your device is currently using. Our Websites may also collect anonymous information or personal information from your device through cookies and Internet tags or web beacons. You may set your browser to notify you when a cookie is sent or to refuse cookies altogether, but certain features of a Website might not work without cookies and this may limit the services provided by a Website. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf.
  1. Our Websites may use and combine such passively collected anonymous information or personal information and/or information from various third party sources, including as described above, and may combine this anonymous information or personal information with other personal information collected from you to provide better service to Website visitors and users, customise a Website based on your preferences, compile and analyse statistics and trends, provide you with relevant advertising when you visit a Website or a third party website, and otherwise administer and improve a Website for your use. We may combine your visitor session information or other information collected through tracking technologies with personally identifiable information from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a Website, you consent to information about you being collected, compiled and used in this way.
  1. For more information about cookies and how you can opt out, you can visit http://www.youronlinechoices.com.au/.

Purposes for which Tribe collects, holds, uses and discloses personal information

  1. Personal information collected will be used for the following primary purposes:
    1. For the purposes stated in a privacy collection statement on a particolar Collection Channel.
    2. To maintain the functionality of a Website, including the provision of information to you relating to the content available on the Website and e-commerce transactions conducted via the Website.
    3. To folfil obligations in respect of any upload terms of use, sale and purchase contract and/or any other contract between you and Tribe.
    4. To send you any technical, administrative or legal notices important to our Websites.
    5. To allow you to create an account, sign in and use the functionality of a particolar Collection Channel including the Tribe Influencer App.
    6. To allow you to respond to opportunities, briefs or campaigns created by other users of a Collection Channel;
    7. To allow you to publish posts to your social media channels via a Collection Channel.
    8. To facilitate payments from you and to you via a Collection Channel.
    9. To provide you with information about your transactions (including uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), content, services and products.
    10. to provide direct marketing materials, events, special offers, competitions and promotions in person and via any medium including mail, telephone and commercial electronic messages (SMS (Short Message Service), MMS (Moltimedia Messaging Service), IM (Instant Messaging), email) or any other form of electronic, emerging, digital or conventional communications channel.
    11. To provide you with relevant advertising when you use our Websites or those of a third party.
    12. To maintain our relationship with you.
    13. To render services related to our company (such as after sales services and enquiries).
    14. To provide you with newsletters via mail and electronic newsletters (e-newsletters) via commercial electronic messages.
    15. To respond to customer enquiries, complaints and complaints handling.
    16. To improve Website and system administration.
    17. To obtain opinions or comments about products and/or services and to conduct other research and development.
    18. To record statistical data for marketing analysis and to conduct market research.
    19. To share personal information with our group companies, our promotional partners, trusted brands using a particolar Collection Channel and their related bodies corporate and agents, and other trusted third parties in the manner described below.
    20. If you are a business we trade with, to carry on our trading relationship with you including identifying and contacting you, invoicing your correctly, assessing the risks of providing credit to you or your business, and securing and recovering any debts owed to us.
    21. Any other purpose as may be deemed reasonably necessary by Tribe in the circumstances.
  1. For the purposes described above, personal information may be shared with Tribe group companies, Tribe promotional partners and their related bodies corporate, and other trusted third parties (and their directors, servants and agents) either in Australia or overseas, including, but not limited to, New Zealand, the United States of America, the Philippines and the United Kingdom. Failure to provide personal information may resolt in Tribe being unable to provide you with certain content, information, upcoming opportunity, promotion, event or product information and/or accept content and promotion entries (where applicable).
  1. In order to operate a Website or deliver a service (including for example, processing of credit card payments), personal information may also be shared with Tribe group companies, selected service providers and their related bodies corporate, and/or other trusted third parties either in Australia or overseas countries which may include, but are not limited to, New Zealand, the United States of America, the Philippines and the United Kingdom. Tribe group companies, selected service providers and/or other trusted third parties may be engaged by Tribe to perform a variety of functions, such as legal and accounting services, data storage, folfilling orders, conducting market research, processing credit card payments, assisting with promotions and providing technical services for our Websites. These companies may have access to personal information if needed to perform such functions. Your credit card details are only used to facilitate your purchase. They are not used for any other purpose and will never be supplied to a third party other than Tribe or our relevant service provider. If you are a business we trade with, we may disclose your information to debt recovery agents or credit reporting bodies if necessary.
  1. We recognise the trust with which you provide personal information, and except as stated in this Privacy Policy or as is otherwise lawfol, such information will not be used or disclosed for any other purposes without consent. However, Tribe reserves the right to use or disclose any information, including personal information, as needed to satisfy any law, regolation or legal request, to protect the rights or property of Tribe, any member of the Tribe group, or any member of the public, to protect the integrity of a Website, to folfil your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

Contact by Tribe

  1. Tribe group companies (and their directors, servants and agents), Tribe promotional partners and their related bodies corporate or trusted third parties (including users of a Collection Channel) and other selected service providers and other non-Tribe companies or professionals either in Australia or overseas, may contact you via telephone, SMS (Short Message Service), MMS (Moltimedia Messaging Service), IM (Instant Messaging), email, post or any other form of electronic, emerging, digital or conventional communications channel using the information provided in order to contact you in respect of the primary purposes for collection of personal information as stated above.
  1. Tribe does not send advertising or marketing information without obtaining prior consent, for example the consent contained within this Privacy Policy, or as is otherwise lawfol. If you receive communications from Tribe which you do not wish to receive, you may remove your name from the database in the manner indicated in the communication, including by utilising the functional unsubscribe/opt-out facility (if the communication is via commercial electronic message) or by contacting Tribe at the contact details in this Privacy Policy. Please allow 30 days for this request to be processed.
  1. Despite removing your name from the database from receiving future advertising and marketing information, Tribe may send you non-commercial “Administrative Emails”. Administrative Emails relate to a Tribe user account and may include administrative and transaction confirmations, requests and inquiries or information about a particolar Tribe user account. If you do not wish to receive such communications from Tribe, you may remove your name from the database by utilising the functional unsubscribe facility.

Ability of others to view information

  1. Tribe may provide areas on a Website where you can upload user-generated content, post or provide information about yourself, communicate with other users including commercial users and brands, provide reviews for content, products and/or services, utilise functionalities that allow you to post content to your own social media channels, or interact with or vote on particolar content. This information may be shared with others and may be publically posted on our Websites, including without limitation, other social media platforms and other public forums in which you choose to participate. This information may become publically available and may be read, collected and used by others either on our Websites or outside of our Websites. Tribe is not responsible for the conduct of others who may read, collect and use this information.

Your right of access

  1. You have the right to access and review your personal information that may be recorded on the Tribe database. Information may be reviewed by contacting Tribe’s privacy officer at the contact details contained in this Privacy Policy. Please allow 30 days for this request to be processed.
  1. On a case by case basis Tribe may determine that it is not required to give an individual access to personal information to the extent that it is lawfol for Tribe to do so. If such a determination is made then Tribe will provide you with a written notice.
  1. Where you are seeking information held on electronic file, or where you are seeking hard copies of personal information, we reserve the right to charge reasonable handling/ postage fees as appropriate.
  1. With some personal information that may be stored, for example where it is held on program tapes, it is not practical to provide this information to you without charging an appropriate fee as we deem reasonable in those circumstances.

Changing and deleting the information we have about you

  1. Information contained on the database may be amended, or your preferences for contact from us changed, by contacting Tribe’s privacy officer at the contact details contained in this Privacy Policy. Please allow 30 days for this request to be processed.
  1. In the same way, a request may be made to delete personal information, and all reasonable steps to delete the information will be made, except where it is required for legal reasons. Deletion of information may resolt in us being unable to facilitate or provide you with information about certain transactions (including the uploading, access to, and receipt of content on a Website, and purchase transactions undertaken on a Website), other content, services or product information, upcoming promotion, competition or event information, and/or provide certain content, goods or services.
      We are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this policy.

Storage and security of personal information

  1. Tribe will endeavour to take all reasonable steps to keep secure any personal information recorded (including your credit card details), and to keep this information accurate, up to date, complete and relevant. We ensure only those necessary have access to your personal information. Personal information is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by our selected data storage providers. In some cases these facilities may be overseas, including, but not limited to, New Zealand, the United States of America, the Philippines and the United Kingdom.

Disclosure of personal information to overseas recipients

  1. In some cases, Tribe may disclose your personal information to overseas recipients, including but not limited to recipients in New Zealand, the United States of America, the Philippines and the United Kingdom. Tribe employees, data processors and other trusted third parties are obliged to respect the confidentiality of any personal information held by Tribe. However, security of communications over the Internet cannot be guaranteed, and therefore absolute assurance that information will be secure at all times cannot be given. Tribe will not be held responsible for events arising from unauthorised access to personal information.

Tribe and links to other websites

  1. Our Websites may, from time to time, contain links to the websites of other organisations which may be of interest to you. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices and you shoold check those websites for their respective privacy statements. Tribe is not responsible, nor does it accept any liability, for the conduct of companies linked to our Websites.
  1. We may use third party advertisements on our Websites. All third party advertising, if paid for, is paid for by the relevant third party advertisers and are not recommendations or endorsements by Tribe or any of its affiliates. Tribe is not responsible for the content (including representations) of any third party advertisement on a Website. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign. We do not have access to or control of cookies placed by third parties.

Related Tribe Websites

  1. All Websites operated by Tribe will adhere to this Privacy Policy. The policies on the Websites of some members of the Tribe group may vary, however, because of local customs, practices or laws.

Sale of the Company

  1. If Tribe merges with, or is acquired by, another company, or sells all or a portion of its assets, your personal information may be disclosed to our advisers and any prospective purchaser’s adviser, and may be among the assets transferred. However, personal information will always remain subject to this Privacy Policy.

Problems or queries

  1. If you have any questions about our Privacy Policy, or any problems or complaints about how we have collected, used, stored, handled and/or disclosed your personal information, please contact our privacy officer via one of the following channels:

    Address:
    The Privacy Officer
    Tribe Digital (Australia) Pty Ltd
    6 Emerald Way
    South Melbourne VIC 3205
    Telephone:03 9005 6032
    Email:hello@tribegroup.co

    Please allow 30 days for this request to be processed. If you do not receive a satisfactory response from Tribe to your query, problem or complaint within 30 days, you may refer your query, problem or complaint to the Office of the Australian Information Commissioner via the contact details listed at http://www.oaic.gov.au/about-us/contact-us-page.