Gigaminute seeks to make its policies and governing documents consistent across its platforms and services. For this reason, Gigaminute provides the definitions for terms in our Terms of Service.
1.2 Our Commitment to Privacy
1.4 Not Intended for Minors
The Website provides employment-related services to both the candidate side and employer side of the equation. As such, an individual must be aged eighteen (18) or over to create an account through the Website. The Gigaminute Website and Services are not directed toward children or minors.
2. Access to Your Data
2.1 You may request that Gigaminute provide you with a copy of your account and personal information. You may also request information on how we have used that PII. We will respond to your request in a commercially reasonable time frame consistent with the applicable law.
3. How We Collect and Use Personal Information (PII)
3.1 Personally Identifiable Information or PII is any information that would, by itself, identify you or tend to identify you as a particular individual or entity. This PII may include, but not be limited to, your name, your address, credit card number, bank account information, and/or personal identification number (such as a social security number or driver’s license number). PII does not include any public information that is readily attainable through federal, state, or local public records.
3.2 When you create an account and register for any of our Gigaminute Services, whether through our website or a partner portal, you may be asked to submit information including but not limited to your full name, company name (if applicable), email address, and phone number. This information is used to identify customers and to communicate information related to the services Gigaminute provides. Additional information that is not considered PII may also be requested and will be collected if provided by a User.
3.3 Gigaminute may collect information for purposes of processing payments. This information may be stored partially on our servers, but credit card or payment card details will be handled through the payment processor servers and will not be stored by us.
3.4 Gigaminute Users should not provide any Gigaminute User with any personal banking or financial information. If any such information is requested from you, please report it immediately to firstname.lastname@example.org
3.5 The PII collected and/or received about you is used to provide Gigaminute Services, and related employment services and support. We may use your PII to communicate with you by email, text message, phone call, or other electronic, written, or oral communication method, unless you expressly indicate to Gigaminute not to use a particular method of communication.
3.6 Gigaminute and our third party licensors may create anonymized, deidentified, aggregated information derived from PII to improve the Services and any related matters thereto.
3.7 When you use the Gigaminute Services by replying to an invite or registering or participating in a screening or interview, you may disclose PII to potential employers and Gigaminute clients when they access your information, profiles, interviews, and other Content.
3.9 Gigaminute Users may be able to download your videos and other Content that you choose to make available via the Services and store your content on their computers and servers. Gigaminute Users may also be able to use shared links by which they provide related parties who might not be Users access to your User Content. Once information is downloaded to servers out of Gigaminute control, Gigaminute no longer has any ability or obligation to attempt to manage that information. You will need to contact that company directly to have information removed from their records.
3.10 Third-Party Service Providers
Gigaminute may employ, engage, or retain certain third parties to perform functions and/or provide Services on its behalf, such as web hosting, integrated services, or advertising. Gigaminute will share PII only to the extent necessary to perform the functions and/or provide the services required. [Gigaminute shall also secure contractual obligations from these Third-Party providers to maintain the privacy of the PII at the same level or protection Gigaminute provides to its customers.]
3.11 Business Transfers
Gigaminute reserves the right to sell, transfer, or otherwise share some or all its assets, including PII, in connection with a sale of assets; a merger, acquisition, or reorganization; or filing for bankruptcy.
3.12 Legal Compliance
Gigaminute may be required to disclose any information about you and/or Content created by you in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose any information about you and/or Content created by you as we, in our sole discretion, believe necessary or appropriate to: (1) comply with an order from a court of competent jurisdiction, regulatory agency, and/or other governmental authority; (2) respond to claims, court orders, or other legal process (including subpoenas); (3) to enforce the terms of this and other Gigaminute agreements as well as to protect the property and rights of Gigaminute, or other third parties; (4) to protect, in Gigaminute’ sole discretion, the public or any person from harm; (5) to investigate, prevent, stop, or take other action regarding any action perceived to be fraudulent, illegal, unethical, or legally actionable in Gigaminute’ sole discretion; and/or, generally, (6) to comply with the law.
3.13 In addition to collecting PII as previously described, Gigaminute also collects other non-PII. Non-PII collected by Gigaminute is not subject to restrictions.
3.14 When you use the Website or Services, we and our third party service providers use technologies such as cookies (i.e., small pieces of data stored on your device’s hard drive by your browser), web beacons, pixel tags, and similar technologies to automatically collect internet protocol addresses assigned to the computers and other devices you use, information about your internet service provider, device ID numbers, approximate geographic location, browser types, Website pages visited, websites you access before and after visiting the Website, and data related to how and when you use the Website (e.g., date and time stamps, clickstream data, and data about search terms and websites that direct you to the Website). We may combine this data with PII and data obtained from third parties.
Third-party cookies are installed by third-parties with the aim of collecting certain information from web users to carry out research into, for example, behavior, demographics or spending habits. They are commonly used by advertisers who want to ensure that products and services are marketed towards the right target audience.
Most browsers automatically accept cookies. You can disable this function but disabling cookies may impact your use and enjoyment of the Website. For example, If you reject all cookies, you may not be able to use the Gigaminute Services or products that require you to “sign in”.
Do Not Track Requests. Due to the automatic collection of data using cookies, we do not honor “do not track” requests.
3.15 Gigaminute or its third party service providers on our behalf may delete Content or other information including email or chat messages, interviews, videos, audio, upload content or video, or records of your account without needing to inform you. We recommend that you back up on your own computer any critical or important information regularly.
4. Compliance Resolution
5. Disclaimer as to Third-Party Content
Gigaminute is not responsible for the privacy practices or the content of any third-party Websites. Gigaminute is not able to control the targeted advertising you receive when you leave the Gigaminute Site or click on a third-party link. Gigaminute provides third parties with ads and your computer or phone may retain data that you spent time on the Gigaminute Platform. You may be able to adjust settings with some third-party providers to opt out of targeted advertising.
6. Data Security
Gigaminute and its third-party licensors use commercially reasonable technical and organizational measures to help secure all PII against loss, misuse, and alteration. While we cannot guarantee it, we use industry-standard protections to help safeguard against such occurrences. If a breach of our systems occurs, we will notify you of the breach only if and as required under applicable law.
You understand that no data transmission over the internet or a mobile device can be guaranteed to be 100% secure. While we strive to protect your Personal Information, neither Gigaminute nor its third-party licensors guarantee the security of PII and you provide PII at your own risk.
7.2 Gigaminute shall provide notice of such changes by posting the revised policies to the Gigaminute Website and by either providing you a message the next time you login into your account or by sending you an email to the email address you provided when creating your Account.
a. California consumers have the following rights with respect to their data:
1. Right to Request Access or Disclosure
2. Right To Request Deletion
3. Right to Non-Discrimination
4. Right to Opt-Out of the Sale
You may exercise these rights by contacting us at: Privacy at Gigaminute.
b. We have collected the following categories of personal data in the prior 12 months:
IP, Name, Email, Phone, Address, Occupation, Specialty, information provided by the User in any uploaded document.
c. We have sold the following categories of data in the prior 12 months:
We do not sell personal data to outside third parties. Businesses do contract with Gigaminute to access, information placed or uploaded to the site by the candidate directly.
d. We have disclosed the following categories of data for business purposes in the prior 12 months:
We have disclosed non-identifying information for statistical analysis only.
e. We collect your data from the following sources:
Your direct placement of data onto the site only.
f. We collect your data for the following business or commercial purposes:
To match candidates looking for employment with employers looking to hire such candidates and facilitate the interview and hiring process.
g. We have disclosed or sold personal data to the following categories of third parties:
We have not sold any personal data to outside third parties. Companies have contracted with us to access information provided by the candidate themselves for the purpose of obtaining employment.
h. We have not sold data of a child under the age of 16.
GENERAL CONDITIONS OF ENGAGEMENT
Payment Terms & Conditions:
You will be invoiced each pay period for all Gigaminute Worker(s) that are on assignment to you. Invoices must be paid immediately upon receipt of invoice by EFT, credit card or direct transfer to avoid delays to Worker(s) payments.
The Gigaminute management fee is calculated as a percentage and is payable on Worker(s) gross remuneration. This fee is inclusive of Worker(s) statutory requirements for which Gigaminute will be responsible and includes liabilities such as PAYG tax, superannuation, public liability and workers' compensation insurance premiums for employees engaged through
Gigaminute.Worker payment day: Friday by 5:00PM
Timesheet submission deadline: Tuesday by 12:00PM
Gigaminute Management Fee: 6 % + GST
Late Payment Charges:
In respect of services provided to the Client by Gigaminute Worker(s), any amounts remaining outstanding to Gigaminute will attract a late payment charge as per the ATO’s advertised GIC rate (General Interest Charge) plus 2%, applied pro rata on a daily basis from the end day of the relevant pay period.
Occupational Safety & Health:
Both Gigaminute and you, the Client as Host Employer, have a joint duty of care to comply with all legislative requirements relating to occupational safety and health, along with the requirements under the Gigaminute Terms & Conditions contained within this contract. You are required to maintain a safe work site at all times and to provide such protective equipment and clothing as may be required for Gigaminute Worker(s) assigned to undertake work on your site(s).
Minimum Worker Engagement:
Gigaminute Worker(s) must be engaged for a minimum of three (3) hours per shift as per the terms of the Gigaminute Agreement.
Credit Reference Checks:
It is Gigaminute policy to undertake all necessary credit reference checks on entities and individuals that are party to this Contract of Engagement.
GUARANTEE & INDEMNITY
- The following definitions apply in this document:
"Agreement" means the Contract of Engagement; the provisions of which are set out in the schedules that form part of this agreement and any other subsequent or amended agreement between the parties that refers to this guarantee;
"Debtor" means the Client referred to in the Reference Schedule;
"Guaranteed Money" means all amounts (including damages) that are payable, owing but not payable, or that otherwise remain unpaid by the Debtor to the Beneficiary on any account at any time under or in connection with the Agreement of any transaction contemplated by the Agreement, whether present or future, actual or contingent or incurred alone, jointly, severally or jointly and severally and without regard to the capacity in which the Debtor is liable.
"Guaranteed Obligations" means the obligations of the Debtor to pay the Guaranteed Money and all its other obligations to the beneficiary (monetary or non-monetary, present or future, actual or contingent) arising under or in connection with the Agreement.
- If a party to this document is made up of more than one person, or a term is used in this document to refer to more than one party:
- An obligation of those persons is joint and several;
- A right of those persons is held by each of them severally; and
- Any other reference to that party or term is a reference to each of those persons separately, so that (for example) a representation, warranty or undertaking is given by each of them separately.
- Guaranteed Obligations:
In consideration of any financial accommodation that the beneficiary may make available to or for the benefit of the Debtor, the Guarantor guarantees to the Beneficiary the due and punctual payment by the Debtor to the Beneficiary of the Guaranteed Obligations.
- Consequences of Debtor's defaults:
- If the Debtor defaults in the due and punctual payment of any Guaranteed Money, the Guarantor must pay that money on demand to, or as directed by, the Beneficiary.
- If the Debtor defaults in the due and punctual performance of any Guaranteed Obligation, the Guarantor must:
- Indemnify the Beneficiary against all losses, liabilities and expenses (including legal expenses on a full indemnity basis) that the beneficiary incurs (directly or indirectly) as a result of that defaults; and
- Pay the amount of those losses, liabilities and expenses on demand to, or as directed by, the Beneficiary.
- Nature of Obligations and Enforcement:
The Guarantor's obligations in this document are principal obligations and may be enforced against the Guarantor without the beneficiary first being required to exhaust any remedy it may have against the Debtor or enforce any security it may hold relating to the Guaranteed Obligations.
- Continuity and preservation of Guarantor's Obligations:
This document is a continuing guarantee. The guarantor's Obligations in this document are absolute, unconditional and irrevocable. The liability of the Guarantor under this document extends to and is not affected by any circumstance, act or omission, which, but for this subclause, might otherwise affect it at law or in equity.
- Limitation on Guarantor's rights are neutral until the guaranteed Obligations have been irrevocably paid and performed in full, the Guarantor may not exercise any right of subrogation to the beneficiary and may not exercise any rights as surety in competition with the Beneficiary.
- Indemnity in respect of the Guaranteed Obligations:
For the consideration mentioned in clause 3, the Guarantor (as primary obligor) must unconditionally indemnify the Beneficiary against, and must pay the Beneficiary on demand the amount of, any loss that the beneficiary may suffer because:
- The Guaranteed Obligations are unenforceable; or
- The Guaranteed Money is not recoverable from the Debtor or is repaid or restored after it has been recovered, including the amount of any Guaranteed Money (or any money which, if recoverable, would have formed part of the Guaranteed Money) that is not or may not be recoverable.
- Application of the Indemnity:
The indemnity in Clause 8 extends to any money that is not recoverable:
- Because of any legal limitation, disability or incapacity of or affecting the Debtor or any other person;
- Because any transaction relating to that money was void, illegal, voidable or unenforceable;
- Whether or not the beneficiary knew or should have known any of the relevant matters or facts; and
- Because of any fact or circumstance.
- General Indemnity:
The Guarantor must indemnify the beneficiary against, and must pay the Beneficiary on demand the amount of, all losses, liabilities, expenses and taxes incurred in connection with:
- The transactions that this document contemplates; and
- The administration, and any actual or attempted preservation or enforcement, of any rights under this document including legal expenses on a full indemnity basis and expenses incurred in engaging consultants.
- Charge of Property:
For the Consideration mentioned in Clause 3 the Guarantor charges in favour of the Beneficiary all of the Guarantors interest in all property (including real property) both present and future with the payment of all monies that may be owing to the Beneficiary by the Guarantor from time to time upon any account whatsoever. The Guarantor shall upon request of the beneficiary sign all documents and do all things that the Ben4ficiary may reasonably require to be signed and done to further secure the Beneficiary any such monies owing from time to time.
- Demand by the beneficiary:
A demand by the Beneficiary under this document may be signed by any of its managers or other officers, or any of its solicitors, and served on the Debtor at its registered office or on the Guarantor at the address shown in the Reference Schedule. If posted with the postage prepaid, the demand will be taken to have been served two business days after posting.
- Execution by less than all parties:
13.1 This document binds the Guarantor even if the Beneficiary does not execute or only subsequently executes this
13.2 This document binds each of the persons executing it even if:
- One or more of the persons named in this document as a Guarantor does not execute this document or is not bound or ceases to be bound by this document; or
- The beneficiary does not execute or only subsequently executes this document.
- Legal Advice:
The Guarantor in making this Guarantee and Indemnity has taken their own independent legal advice before executing the document and has entered into this Guarantee and Indemnity of his/her own free will and after making his/her own enquiries about the nature and effect of this Guarantee and Indemnity.