Terms of Use

These Terms of Use govern your use of the WildTracker software (WildTracker), whether through the website (www.wildtracker.com.au) or the mobile application. By using WildTracker through either of these means you agree to be bound by these Terms of Use. “You” / “your” means the WildTracker user and “we”, “us”, or “our” means the Tasmanian Land Conservancy (TLC, ABN 88 743 606 934) of 827 Sandy Bay Road, Lower Sandy Bay Tasmania 7005, as the owner and operator of WildTracker throughout the world.

WildTracker has been developed by TLC to enable your participation in our research aimed at improving our understanding of the occurrence of wildlife across Tasmania and how this relates to private land conservation. WildTracker facilitates the management of biodiversity data that you collect on your property and has been designed as an educational tool for wildlife identification and conservation.

In this Terms of Use, unless the contrary appears:

Intellectual Property Rights means any and all intellectual and industry property rights anywhere in the world (including present and future intellectual property rights), including (but not limited to) rights in respect of or in connection with, any related confidential information, trade secrets, know-how or any right to have information kept confidential, copyright (including moral rights, future copyright and rights in the nature of or analogous to copyright), inventions, trade marks, service marks and other related marks, design, software, software program and source code.

Our Content has the meaning as prescribed in clause 4 ; and

Your Content has the meaning as prescribed in clause 3 .

  1. Using WildTracker
    1. You acknowledge that:
      1. prior to agreeing to these Terms of Use you have been given a reasonable opportunity to examine and satisfy yourself regarding the services which are the subject of these Terms of Use and that prior to agreeing to these Terms of Use you have availed yourself of that opportunity; and
      2. at no time prior to agreeing to these Terms of Use have you relied on our skill or judgment and that it would be unreasonable for you to do so.
    2. You may only use WildTracker if:
      1. you agree with these Terms of Use and the Privacy Policy;
      2. we have not previously terminated your account for breaches of our Terms of Use; and
      3. you are over the age of 18 years or, if younger, you have the permission from your legal guardian who accepts these Terms of Use and the Privacy Policy on your behalf.
    3. If you breach these Terms of Use, we may terminate your account without further reference to you. We retain the right to modify or delete any of the content you contributed and submitted to WildTracker (your Content, described more fully in clause 3) without further notification.
  2. Registration
    1. In order to use WildTracker and contribute your Content you will need to register a user account with us.
    2. By registering an account, you acknowledge that TLC collects, uses and discloses personal information about you so that TLC can provide WildTracker to you and administer it. More information about how your personal information is used and kept is set out in our Privacy Policy.
    3. You are responsible for maintaining the currency and accuracy of your personal information as required under these Terms of Use.
    4. You represent that you own the content you submit to be displayed on your user profile page, including all text, photos, and the user avatar (profile pictures) and grant us a worldwide, irrevocable, non-exclusive, sub-licensable, royalty-free licence to reproduce, perform, communicate, publish and adapt the content submitted for your profile page in any media and format. This enables us to display your user information along with your Content in WildTracker and lets us identify you and credit you for your Content.
    5. The user profiles consist of basic information and optional information, which are displayed in WildTracker. The basic information is mandatory in order to register.
    6. By creating an account with WildTracker, you give TLC your express consent to receive communications from TLC by post or electronically (to the address you have nominated) regarding:
      1. operational notices regarding WildTracker, your account, validation emails, updates to our Terms of Use or Privacy Policy; and
      2. newsletters, other programs, events and offers related to WildTracker or more generally from TLC.
    7. You may opt-out of receiving the things set out in clause 2.6(b) by using the unsubscribe function on any electronic communications you receive from TLC or by visiting your WildTracker account settings to change your preferences. Opting out of these communications may impact TLC’s ability to provide the WildTracker service to you.
    8. You may terminate your account at any time by contacting us at wildtracker@tasland.org.au. You acknowledge that your Content may continue to be available (on an anonymous basis – please note that this action is permanent) online after termination.
    9. We reserve the right to close any user account which has not been active for a period of 12 months or longer (Dormant Account) without further reference to you. If we close a Dormant Account, the Content will remain public, but we will make it anonymous.
  3. Contributing content
    1. You are responsible for all content you contribute and submit to WildTracker (your Content), which includes, but is not limited to, text, photographs, videos, audio recordings, biodiversity related information, annotations, occurrence/sighting data, geospatial/location data and records.
    2. Your Content contributed to WildTracker may be displayed publicly and may be accessible via WildTracker, along with the authorship information linked to your user profile and the location details at the time of recording and submitting your Content.
    3. You will make reasonable efforts to ensure your Content is accurate at the time you collected, created it and contributed it to WildTracker.
    4. Your content must:
      1. not be defamatory, malicious, threatening, offensive, abusive, obscene, lewd, in bad taste or otherwise unlawful or violate any laws;
      2. not be intentionally false or misleading;
      3. not infringe the Intellectual Property Rights of any third party; and
      4. not compromise the privacy of any person or contain inappropriate personal information.
    5. TLC reserves the right in its absolute discretion to determine whether your Content should be removed or modified with regard to clause 3.4 above.
    6. You retain copyright and any other rights you hold in your Content. You may use, commercialise, distribute or modify your Content as you wish. You do not possess ownership of the aggregate WildTracker dataset.
    7. You confirm you own or have permission to use any material included in your Content and that you have the express permission of anyone appearing or performing in your Content and that you are not infringing any person’s rights by submitting the Content to us. Accordingly, you indemnify TLC in the event that a third-party claims that your Content infringes their Intellectual Property Rights.
    8. You confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in your Content.
    9. By contributing Content to TLC, you grant us a royalty-free, irrevocable, non-exclusive licence (including the right to sub-license to any party) to reproduce, perform, communicate, publish, adapt and otherwise use and exploit your Content (including commercially) in any manner and in any media worldwide without restriction. Such uses may include, but are not limited to, the reproduction of your camera-trap photos, making available your Content and derivatives of your Content, permitting use of your Content by environmental policy makers, researchers and educational institutions, use within publications, education and promotional materials (for WildTracker and TLC more generally), and any other exploitation without restriction. You expressly waive any right of integrity to your Content when we use it in this way.
    10. We will endeavour to provide you with appropriate credit when using your Content, though you understand and agree this may not always be possible due to considerations of space or type of use. You acknowledge that your Content may be anonymised and used within datasets and research, and in such situations, you will not receive a credit and you expressly waive such rights to be attributed as the author.
    11. Please be aware that your Content may remain online indefinitely, even though you may terminate your account in accordance with clause 2.8 . Please ensure you keep your own copies of your Content as we may not archive, store or back-up your Content nor continue to make your Content accessible online.
    12. If you inadvertently uploaded Content or you are concerned that your Content contained on WildTracker is in breach of the Terms of Use, please email wildtracker@tasland.org.au immediately and detail your concerns. Please note that species data submitted by you may be retained by us in our absolute discretion and tagged as a private record (the record will not be anonymous, just not available publicly) if deemed by us that the species recorded or location of the species is important to the WildTracker project.
    13. We do not support, endorse or guarantee the accuracy, truthfulness or reliability of any content posted on or by other users of WildTracker.
  4. Our content
    1. All Intellectual Property Rights in the content, software and systems owned by or licensed to us, including logos, images, names, designs, trademarks (WildTracker Trademark Number 2012902) and copyright (our Content) are reserved to us and our licensees. This includes the aggregate WildTracker dataset.
    2. Our Content is provided for your personal, non-commercial use only. Unless you have our written permission, you may not otherwise reproduce, republish, modify, adapt, translate, prepare derivative works (including datasets) from, reverse engineer or disassemble our Content.
    3. You agree not to remove, obscure, or alter any copyright notice or trademark on any content you access and use. You also agree not to use our Content in a way that implies endorsement by us or any person included in the materials.
    4. If you are interested in using our Content or the WildTracker dataset other than for personal, non-commercial use, please contact wildtracker@tasland.org.au with the details of your proposal.
  5. Privacy and data protection
    1. Any personal information acquired by us from your participation in WildTracker will be used and stored in accordance with our Privacy Policy.
    2. Our Privacy Policy forms part of these WildTracker Terms of Use and describes how we use your personal information when you use WildTracker. Whenever you give us personal information you are expressly consenting to its collection and use in accordance with our Privacy Policy.
  6. Camera trapping and your ethical obligations
    1. You agree to only deploy WildTracker cameras on property that you are the owner of, or on lands where you have the consent of the property owner.
    2. We will not knowingly make images of humans within observation data public on WildTracker or in any associated communications and events.
    3. You agree to only use a scent trail where there is no visible accumulation of material or carcase remnants as an attractant for camera trapping purposes (e.g., fish oil). You will not use any physical lure or bait that is inaccessible to animals or is in volume sufficient to retain one or more animals at the site for sufficient time to engage in feeding type behaviour. This includes, for example, whole or part of a carcass or supplies of grain/seed. To do otherwise may be considered as ‘Animal Research’ under the Animal Welfare Act 1993 (Tas) and therefore, without permit, be in breach of the Act.
    4. To safeguard against potential harm to at-risk species, we reserve the right in our sole discretion not to make public, to embargo, or generalise the accuracy of species locations identified from your Content.
  7. Disclaimer
    1. WildTracker, linked websites, our Content and third-party submissions (including your Content) are intended primarily to provide information for general and scientific use, to assist research and public knowledge, discussion and policy development.
    2. We do not endorse the views or material contained in the contributions of members of the public or third-party sites. We are not responsible for the content, privacy practices, availability or performance of external sites linked to or hosting WildTracker.
    3. WildTracker may be terminated, suspended, limited or modified at any time without notice to you. TLC does not warrant that WildTracker will be available, uninterrupted, secure or error-free or that WildTracker will be compatible with all devices or software which you use to access WildTracker.
    4. WildTracker is provided on an “as is” and “as available” basis. TLC has no obligation to resolve faults in WildTracker. You understand and agree that you use WildTracker at your own risk and that you will be solely responsible for any damage or loss whatsoever that results from such use to you, your devices and systems. We disclaim to the fullest extent permitted by law all guarantees, warranties or representations of merchantability, acceptable quality and fitness for any purpose, security, reliability, accuracy, timeliness, and performance of WildTracker and any content contained therein.
    5. Under no circumstances will we accept any liability to you or any other person for any loss, damage, costs, expenses and other forms of liability that you or anyone else may suffer or incur in connection with your use of WildTracker, including reliance on any information or material posted on WildTracker. This disclaimer is subject to any statutory guarantee we may be subject to at law and which in the case of services provided to consumers cannot be excluded or modified.
    6. If you suspect that there is content which infringes someone’s Intellectual Property Rights, you must let us know immediately by contacting wildtracker@tasland.org.au.
    7. You are solely responsible for ensuring that cameras that you deploy as part of the WildTracker program are on land that you own or otherwise on property where you have full consent from the property owner.
    8. You acknowledge sole responsibility for and assume all risk arising from or associated with your use of the WildTracker website/platform and applications.
  8. General
    1. These Terms of Use will be governed by and construed in accordance with the laws of the State of Tasmania which shall have exclusive jurisdiction over any disputes. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.
    2. The presence of email addresses on WildTracker does not infer consent to send unsolicited commercial electronic messages (“spam”) to those addresses.
    3. You must not try to circumvent the security features of the WildTracker website or app, or tamper with, hack into, or in some other way disrupt any computer system, server, website, router or other device used to host WildTracker or make it available.
    4. We may change these Terms of Use at any time by updating this page and by notifying you when you next log into WildTracker. By continuing to use this Service or associated services indicates your acceptance of these Terms of Use. If you do not accept these Terms of Use, please do not continue to use this Service or associated services.

Privacy Policy

This privacy policy outlines how the Tasmanian Land Conservancy (TLC) handles personal information it collects about you when you use the TLC’s WildTracker website and mobile application (app), or otherwise participate in the WildTracker citizen science program.

This statement is governed by the TLC’s Privacy Policy (as updated from time to time) which describes how TLC complies with the Privacy Act 1998 (Cth) (Privacy Act) and the standards outlined in the Personal Information Protection Principles of the Personal Information Protection Act 2004 (Tas).

Collection of personal information

Personal information is any information or an opinion that can be used to identify you as an individual, whether it is recorded in a material form or not. Examples of personal information include your name, address, phone number and email address.

You are not required to give us all the kinds of personal information listed above. However, if you choose not to provide specific information, it may limit your ability to use WildTracker or participate in the WildTracker citizen science program.

Over the course of the WildTracker citizen scientist program, the TLC may collect personal information from you when:

  1. you interact with the TLC’s websites and mobile applications (apps);
  2. you send personal information to the TLC via any form of communication;
  3. you choose to disclose any other personal information when interacting with us;
  4. you engage with us by attending a workshop or event presented by the TLC;
  5. you borrow items from the TLC (for example, a camera-trap); and
  6. you make a donation;

Collection of personal information will occur at the time you provide details to the TLC or, in the case of electronic services, when you use our electronic services to obtain information or transact with us.

How we use your personal information

We have no interest in using your personal information for any use other than to:

  1. establish a new user profile and provide you the full range of functions of WildTracker;
  2. communicate with you regarding content that you provide to WildTracker through your computer or mobile device;
  3. send you educational resources as part of the WildTracker citizen science program;
  4. send you updates about the program, including essential information such as changes to our Privacy Policy and Terms of Use;
  5. invite you to upcoming WildTracker activities and events; and
  6. acknowledge your contribution to WildTracker and the TLC as a citizen scientist.

Importantly, we will not sell, rent, loan or otherwise disclose your personal information to enable any third party to contact you on their own behalf unless required or permitted by Australian law.

We will do everything we can to protect your personal information and make it easy for you to access, edit and manage at any time. You can opt-out of receiving non-essential communications from WildTracker by using the unsubscribe function at the bottom of emails that we send.

Upon registration, we will request your Property Identifier Descriptor (PID) and/or address. Our primary reasons for collecting this information are to fulfil the purpose of your interaction with WildTracker and use the observation data that you provide in a meaningful way. Observation data is only valuable for conservation research when it is associated with a location. We do not share your property information with third parties, including other WildTracker users – this is only visible to you, and only when you log in to WildTracker. We may, however, display its location on large-scale maps with deliberately limited accuracy. Others will not be able to pinpoint your property, or indeed camera locations on the property.

How we use observation data

When you submit observation data using WildTracker, the TLC may collect information in addition to the personal information described above. This may include your user ID, latitude and longitude coordinates of the observation, the property name assigned to that location, the time and date of the observation and photographs that you collect. Photographs may also embed other metadata such as the model of camera used.

Observation data that you provide is not only useful to the TLC but also to other organisations involved in biodiversity conservation. We may share your observation data with research institutions like the University of Tasmania where scientists will use it to better understand and protect Tasmanian wildlife. We might also share observation data with other biodiversity databases such as the Natural Values Atlas (NVA) of Tasmania (Tasmanian Department of Natural Resources and Environment) to help inform conservation policy-making decisions. We will not share your personal information.

If you do not wish to share your observation data with other organisations, would like to embargo your observation data from release, or would prefer to have the locations associated with your observation data generalised (e.g., by rounding of the latitude and longitude coordinates), then you can let us know by contacting wildtracker@tasland.org.au.

Threatened species

Camera-trap data, and biodiversity observations more broadly, should be made freely available and shared widely to enable its use in conservation decision making, education and research for the benefit of wildlife. Where the release of observation data will have the opposite effect, however, access to detailed information may need to be controlled. This is particularly the case when considering location data of threatened species.

Currently there are only three threatened species in Tasmania for which location information is formally restricted, all of which are plants. We do not warrant the currency or accuracy of this statement as the law may change from time to time. Notwithstanding that there may be no formal restrictions on location information, we may, in our sole discretion, strip or obscure geographic location data associated with tagged images at any time and for any species to safeguard against potential harm to at-risk wildlife.

Cookies

When you visit the WildTracker website or app, our web servers automatically make a record of your visit and store “cookies” on your computer. These are small pieces of summary data that allow us to recognise your computer and greet you each time that you visit. They can improve your WildTracker experience, for example, by avoiding the need for you to login every time that you visit the web site. “Login” cookies last for two days, and “screen display” option cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

By using the WildTracker website you consent to the processing of data about you by Google, as described in Google’s Privacy Policy and for the purposes set out below.

Google Analytics does not identify individual users or associate your IP address with any other data that they hold. Google does, however, store information across multiple countries. For further information see Google Data Centers and Google Company.

When you visit WildTracker we may collect the following electronic information:

  1. your computer’s unique internet address (IP address);
  2. the date and time of your visit;
  3. the pages you accessed, and documents downloaded;
  4. the link you visited to find our website – via a search engine for example;
  5. the type of browser and operating system you are using;
  6. the amount of time you spend on our website; and
  7. our geographic location, type of device used, and repeat visits.

Our purpose for collecting this information is to better understand how you interact with and navigate WildTracker, your preferences, and how we can improve your online experience. This information also helps us to troubleshoot any problems with our electronic services and ensure that they are secure.

You are not required to accept cookies and can disable them under the preferences or options in your browser menu. You can also opt out of Google Analytics by using the opt-out service provided by Google. For more information see Google Analytics Opt-out Browser Add-on.

Data storage and security

The security of your personal information and the observation data that you contribute to WildTracker is important to us. We have established all reasonable physical, electronic, and administrative precautions to help us maintain data security, prevent unauthorised access and use data appropriately.

We use Transport Layer Security / Secure Socket Layer (TLS/SSL) encryption for all browser access to the WildTracker website. You can tell by looking for the s in the https of your browsers address bar. You must use a TLS/SSL-enabled web browser (e.g., Internet Explorer, Safari, Firefox or Chrome) to submit Personal Information to WildTracker.

The WildTracker website, app and associated data are securely hosted by Ionata Digital. We will only store your personal information for as long as it is required for the purposes it was collected for. This storage period depends on the nature of the information collected and what it is being used for. We will undertake regular reviews of the personal information that we hold and will delete personal information that is no longer required to be held.

The TLC’s IT systems and servers are password protected and only authorised TLC staff can access your personal information.

Contact

All queries, corrections, or complaints regarding this Privacy Policy, or requests for access to, or correction of, personal information should be directed to the TLC via emailing wildtracker@tlc.org.au.

Review

This Privacy Policy will be reviewed and updated regularly in accordance with development of the WildTracker citizen science program.