CROWDWAVE - PRIVACY POLICY AND TERMS OF SERVICE

This document contains both the Privacy Policy and Terms of Service for www.crowdwave.com. Please read the entire document carefully before using our services.


PRIVACY POLICY

Last Updated: April 18, 2025

1. INTRODUCTION

Welcome to www.crowdwave.com ("Service"), operated by Flat Rate Recruitment Pty Ltd, a company registered in Victoria, Australia (ABN 66 107 058 113) ("Company," "we," "our," or "us").

This Privacy Policy describes how we collect, use, and disclose your personal information when you use our Service. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy.

2. INFORMATION WE COLLECT

2.1 Personal Information

2.2 Non-Personal Information

We may collect non-personal information that does not directly identify you as an individual. This information may be aggregated and used for analytical purposes.

3. USE OF YOUR INFORMATION

3.1 Service Provision

We use your personal information to operate and provide you with our Service, including posting your voice messages and allowing others to listen to them.

3.2 Artificial Intelligence Processing

We may process uploaded audio messages using artificial intelligence for purposes including but not limited to creating summaries, headlines, content categorization, sentiment analysis, transcription, translation, and content moderation. These processes help us ensure quality, safety, and accessibility of content.

We do not permit or engage in the reproduction, simulation, or synthesis of a user's voice or vocal identity using artificial intelligence or other technologies, including for internal use.

3.3 Community Moderation

We reserve the right to review, edit, or remove any voice messages that violate our community guidelines or Terms of Service.

3.4 Communication

We may use your email address to send you service-related notifications, updates, and promotional materials. You can opt out of promotional communications at any time.

4. DISCLOSURE OF YOUR INFORMATION

4.1 Third-Party Service Providers

We may share your information with third-party service providers who assist us in providing the Service, such as hosting providers, AI processing services, and analytics providers.

4.2 Legal Requirements

We may disclose your information if required by law, regulation, legal process, or governmental request.

4.3 Business Transfers

In the event of a merger, acquisition, sale, or other transfer of all or a portion of the Company's business or assets, your personal information and user content may be transferred as part of that transaction. In such cases, we will take reasonable steps to ensure that the receiving party is bound by privacy obligations at least as protective as those set out in this policy.

Where legally required, we will notify you before your personal information becomes subject to a materially different privacy policy.

5. INTERNATIONAL DATA TRANSFERS

Your information may be transferred to, and maintained on, servers located outside of your state, province, country, or other governmental jurisdiction, including the United States.

If you are in the European Union or United Kingdom, we will ensure any transfers comply with applicable laws, including by relying on standard contractual clauses or your explicit consent.

6. DATA SECURITY

We implement reasonable technical, administrative, and physical safeguards designed to protect your personal information. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

7. YOUR RIGHTS

Depending on your jurisdiction, you may have the right to:

To exercise any of these rights, please contact us at andrew.stuart@supercoders.com.au.

8. COOKIES AND TRACKING TECHNOLOGIES

We use cookies and similar tracking technologies to enhance your experience, analyze site traffic, and enable targeted advertising. You can control the use of cookies through your browser settings.

9. DATA RETENTION

We retain your personal data only as long as necessary to provide the Service and fulfill the purposes outlined in this Privacy Policy. Afterward, we securely delete or anonymize the data.

10. PUBLIC VOICE MESSAGES

Voice messages posted publicly are accessible to anyone. However, any reuse, reproduction, or extraction is strictly prohibited under Section 2.5 of our Terms of Service.

11. THIRD-PARTY LINKS

Our Service may contain links to third-party websites or services. We are not responsible for the privacy practices or content of these third parties.

12. DATA SUBJECT RIGHTS (GDPR SPECIFIC)

If you are located in the European Union, you have specific rights under the General Data Protection Regulation (GDPR), including the right to access, correct, delete, restrict processing of, and port your personal data.

13. CHILDREN'S PRIVACY

Our Service is not intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us at andrew.stuart@supercoders.com.au.

14. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date. Your continued use of the Service after any changes indicates your acceptance of the revised Privacy Policy.

15. CONTACT US

If you have any questions about this Privacy Policy, please contact us at andrew.stuart@supercoders.com.au.


TERMS OF SERVICE

Last Updated: April 18, 2025

1. ACCEPTANCE OF TERMS

Welcome to www.crowdwave.com ("Service"), operated by Flat Rate Recruitment Pty Ltd ("Company," "we," "our," or "us"). By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, incorporated herein by reference.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Eligibility

You must be at least 13 years old to use our Service. By using our Service, you represent and warrant that you meet this requirement.

2.2 Account Creation

You may create an account to post voice messages under a username. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. USE OF THE SERVICE

3.1 Posting Voice Messages

You may post voice messages either anonymously or under your username. You are solely responsible for the content of your voice messages.

3.2 Prohibited Content

You may not post content that is unlawful, abusive, violent, threatening, defamatory, discriminatory, or otherwise violates our community guidelines. We reserve the right to remove any content that violates these Terms.

3.3 Intellectual Property and License to User Content

By uploading, submitting, recording, or otherwise making available any content (including but not limited to voice messages, audio clips, usernames, and associated metadata) through the Service ("User Content"), you retain all ownership rights in your content.

However, you hereby grant and will grant Flat Rate Recruitment Pty Ltd and its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, transferable, and sublicensable license to use, copy, store, reproduce, host, index, cache, distribute, modify, adapt, prepare derivative works of, publicly perform, publicly display, and otherwise exploit your User Content in any form, media, or technology now known or later developed, for any purpose related to the operation, promotion, development, or improvement of the Service.

This includes, but is not limited to:

You represent and warrant that you have all necessary rights to grant the above license and that your User Content does not violate the rights of any third party.

3.4 Anonymous Submissions

For anonymously posted content, we do not associate it with your identity. However, the license described in Section 3.3 applies equally to such content.

3.5 Reproduction, Voice Cloning, and Unauthorized Use Prohibited

You are expressly prohibited from downloading, copying, reproducing, extracting, republishing, distributing, transmitting, modifying, reverse-engineering, or using any voice messages or related content from the Service for any purpose whatsoever — including but not limited to:

Any attempt to reproduce, clone, simulate, or transform the voice of any person — regardless of whether the identity of that person is known — is strictly prohibited and considered a violation of these Terms and may lead to immediate account suspension, termination, and legal action.

The Company does not grant, and will not grant, any license or permission — explicit or implied — for the use of User Content for voice synthesis, identity modeling, biometric extraction, or vocal AI reproduction.

4. AI PROCESSING AND MODERATION

4.1 AI Analysis

We may use artificial intelligence to analyze and process your voice messages for various purposes, including but not limited to creating summaries, headlines, content categorization, sentiment analysis, transcription, translation, content moderation, and to improve our AI models. These processes help us ensure the quality, safety, and accessibility of the content on our platform.

4.2 Community Moderation

We reserve the right to review, edit, or remove any voice messages that violate our community guidelines or these Terms.

5. TERMINATION

5.1 Termination by You

You may terminate your account at any time by contacting us at andrew.stuart@supercoders.com.au.

5.2 Termination by Us

We may terminate or suspend your account or access to the Service at any time for any reason, including violation of these Terms, without prior notice or liability.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

7. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles.

8. DISPUTE RESOLUTION

Any dispute arising from or relating to these Terms or the Service shall be finally settled under the laws of the State of Victoria, Australia.

9. USER RESPONSIBILITIES AND CONDUCT

Users are responsible for their conduct on the platform, including compliance with community guidelines. Prohibited behaviors include posting offensive content, harassment, and impersonation.

10. CONTENT MODERATION AND COMMUNITY GUIDELINES

We reserve the right to remove or edit any content that violates our community guidelines, which prohibit hate speech, threats, and any form of harassment.

11. INTELLECTUAL PROPERTY RIGHTS

All intellectual property related to the Service, including trademarks, logos, and content created by us, is owned by Flat Rate Recruitment Pty Ltd. Users retain ownership of their own content but grant us a license as specified in Section 3.3.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

13. CHANGES TO THE SERVICE

We reserve the right to modify or discontinue the Service at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

14. BACKUP AND DATA RECOVERY

We are not responsible for maintaining backups of user-generated content. Users are encouraged to keep copies of their content.

15. ACCESSIBILITY

We are committed to making our Service accessible to all users, including those with disabilities. If you have difficulty accessing any part of our Service, please contact us for assistance.

16. DATA BREACH NOTIFICATION

In the event of a data breach, we will notify affected users as required by law and take appropriate steps to mitigate the breach.

17. CHANGES TO THESE TERMS

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Service after any changes indicates your acceptance of the new Terms.

18. SUCCESSORS AND ASSIGNS

These Terms shall be binding upon and inure to the benefit of the Company and its successors and assigns, including any party acquiring the business or assets of the Service, whether by merger, acquisition, or otherwise. Any such successor will be bound by the obligations set forth in these Terms.

19. SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

20. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

21. CONTACT US

If you have any questions about these Terms, please contact us at andrew.stuart@supercoders.com.au.