SMH ARCHIVES - PRIVACY POLICY

What does this policy cover?

This policy sets out how Nine Entertainment uses your personal information and explains:

• What kind of personal information Nine Entertainment collects through SMH Archives and how it is collected.
• How Nine Entertainment uses the information you provide.
• To whom Nine Entertainment may disclose your information.
• How Nine Entertainment treats sensitive information.
• How Nine Entertainment manages and secures your personal information.
• Ways you can update and gain access to your personal information.
• How to contact Nine Entertainment.

Nine Entertainment is bound by the National Privacy Principles contained in the Commonwealth Privacy Act. Nine Entertainment may, from time to time, review and update this privacy policy statement to take account of new laws and technology and changes to our operations. All personal information held by Nine Entertainment will be governed by our most recent policy, posted on this website. Please note that if you become a member of the Nine Entertainment Digital Network, the personal information you provided to the Nine Entertainment Digital Network is governed by the Nine Entertainment Digital Privacy Policy.

What kind of personal information Nine Entertainment collects and how it is collected

Nine Entertainment collects personal information from a variety of sources, including from members of the public, prospective employees, mailing lists, contractors and business partners.

In general, the personal information Nine Entertainment collects includes (but is not limited to) name, address, contact details and, where relevant, financial information, including credit card information.

Personal Information you provide: We obtain most personal information through the SMH Archives ordering or registration process. You may provide information when you acquire a service from SMH Archives or when you communicate with Nine Entertainment by e-mail, telephone or in writing (for example if you contact customer service or provide feedback). We store all personal information that we collect.

Automatic collection: Cookies: We may use a feature of your browser called a cookie to assign your computer a 'User ID'. Cookies do not contain information by which Nine Entertainment can identify you. They identify your computer to our servers. You may configure your browser so that you are notified before a cookie is downloaded or so that your browser does not accept cookies. Nine Entertainment may use information contained in cookies to make assumptions about the user of the computer and to provide users of that computer with focused advertising which Nine Entertainment believes may be of interest, based on that information. To disable your cookies, please refer to the help menu within your Internet browser.

Indirect collection: Nine Entertainment endeavours to collect personal information about an individual only from that individual. In some circumstances Nine Entertainment may obtain personal information from a third party. If you provide personal information about another person to Nine Entertainment, Nine Entertainment requires that you inform that person you have done so and provide them with a copy of this policy.

How Nine Entertainment uses the information you provide

Nine Entertainment may use information it collects from you for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection.

Nine Entertainment generally uses personal information to:

• provide you with products or services you have requested;
• personalise and customise your experiences on the website;
• help Nine Entertainment manage and enhance its services; communicate with you;
• provide you with ongoing news and information about Nine Entertainment;
• other purposes necessary and incidental to the provision of goods and services by Nine Entertainment to you.

In most cases where Nine Entertainment asks you to provide information about yourself, if you do not provide us with that information, we will not be able to provide you with the requested product or service.

To whom Nine Entertainment may disclose your information

Nine Entertainment may provide your information to:

- third parties engaged by Nine Entertainment or related companies to perform functions on its behalf, such as processing credit card information, mailouts, debt collection, marketing, research and advertising;

- third parties authorised by you to receive information held by Nine Entertainment. If Nine Entertainment sells its business, personal information may be part of the assets transferred to the purchaser.

How Nine Entertainment treats sensitive information

"Sensitive Information" means information relating to a person's racial or ethnic origin, membership of political bodies, religion, membership of a trade union or professional or trade association, sexual preferences, criminal record and health. Nine Entertainment may use and disclose Sensitive Information only for the purpose for which it was provided or a directly related secondary purpose or as allowed by law unless you have agreed otherwise.

How Nine Entertainment secures and manages your personal information

Nine Entertainment protects the personal information it collects from misuse, loss, unauthorised access, modification or disclosure by various means including firewalls, pass word access, secure servers and encryption of credit card transactions.

Nine Entertainment has also appointed a Privacy Officer to oversee Nine Entertainment's management of personal information in accordance with this policy and the Commonwealth Privacy Act.

Ways you can update and gain access to your personal information

Nine Entertainment endeavours to ensure that the personal information it holds is accurate, complete and up-todate. You can update your registration information via the website. Otherwise, please e-mail support@smedia.com.au. Where personal information is no longer required by Nine Entertainment, it will be destroyed or de-identified

You have the right to seek access to the personal information held about you and to advise Nine Entertainment of any inaccuracy. There are some exceptions to this right set out in the Privacy Act. If you make an access request, Nine Entertainment will ask you to verify your identity and specify what information you require. Nine Entertainment may charge a fee to cover the costs of meeting your request.

How to contact Nine Entertainment

If you have enquiries or wish to provide feedback about this policy, please e-mail fairfaxarchives@fairfax.com.au. To make an access request, please write to the Privacy Officer at GPO Box 506 Sydney, 2001 or fax (+61) (0)2 9282.3521.

SMH ARCHIVES – TERMS OF USE

Welcome to The Sydney Morning Herald and The Sun-Herald Archives (SMH Archives).

This website is operated by John Fairfax Publications Pty Limited (ABN 33 003 357 720) of Level 19, 201 Sussex Street, Sydney, New South Wales, Australia, 2000 (Nine Entertainment).

These terms, together with the Subscription Terms if you have purchased a subscription to SMH Archives, (the Terms) constitute a legal agreement between you (You) and Nine Entertainment and govern Your use of and access to SMH Archives. By clicking on the "I agree” button at the end of these Terms, You are indicating that You are at least 18 years old and agree to be bound by these Terms.

Nine Entertainment reserves the right to modify, alter or otherwise update these Terms at any time by posting changes on line. It is your responsibility to check the Terms regularly. Your continued use of SMH Archives after any changes are made to these Terms constitutes an affirmative acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms and any modifications.

Should you object to any of these Terms or any subsequent modifications, your recourse is to immediately discontinue your use of SMH Archives.

Ownership Rights

All of the content shown or displayed on the SMH Archives website, including an article or other information, in whatever form, derived from The Sydney Morning Herald and The Sun-Herald newspapers (Information), graphics, photographic images, text and software (Content), is owned by Nine Entertainment, our licensors or other Content providers.

The Sydney Morning Herald, The Sun-Herald, the SMH logo, the Sun-Herald logo and the newspaper mastheads mentioned on the SMH Archives website are trade marks of Nine Entertainment or its related bodies corporate. Other trade marks may be displayed on the SMH Archives website from time to time and may belong to third parties.

All elements of the SMH Archives website, including the general design, layout, indexing codes, source code and Content, are protected by copyright, moral rights, trade mark and other laws relating to intellectual property rights.

Except as expressly permitted by these Terms, no portion or element of the SMH Archives website or its Content may be copied or retransmitted via any means. The SMH Archives website, its Content and all related rights remain the exclusive property of Nine Entertainment, our licensors or other Content providers.

Use of Content

You may view and print a single permanent copy of the Information for your own personal reference only. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the Information may not otherwise be used, copied, reproduced, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act 1968 (Cth)) without the prior written approval of Nine Entertainment or the appropriate licensor or other Content provider.

Without limiting the preceding paragraph, you may not use any of the text or photographs comprising the Information in a project, book, newsletter or on a website. You may not use any part of the Information to establish, maintain or provide, or assist in establishing, maintaining or providing, your own publications, library or research application, internet site or other means of distribution.

Privacy

As a user of the SMH Archives website, we respect Your privacy and have adopted procedures to ensure that information in our possession about our users is appropriately protected. To learn more about our privacy procedures, please read the SMH Archives Privacy Policy. Releases and Licences

Nine Entertainment does not make any representation or warranty with respect to the use of names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in the Content. You are responsible for ensuring that all necessary rights, consents, licences or permissions that may be required are obtained prior to publication, reproduction or other use of any of the Content.

You will indemnify Nine Entertainment and hold it harmless against any liability, damage, cost or expense arising out of or in connection with any failure on Your part to obtain any necessary rights, consents, licences or permissions.

Accuracy of information

All information and material on this website is provided in good faith. It is derived from the Late Edition of every edition of The Sydney Morning Herald and The Sun-Herald between 1 January 1955 and 31 December 1990. Nine Entertainment reserves the right to omit material from the digital edition in the event that a legal liability may result from the electronic distribution of such material.

There are many technical problems associated with old newspapers and digitising microfilm. Neither Nine Entertainment nor any of its related bodies corporate makes any representation or warranty that the material in SMH Archives will be reliable or complete or that the system will be able to search for and find every word or term that may have appeared in the original newspaper.

Access to the SMH Archives website is provided on an 'as available' basis. While Nine Entertainment uses all reasonable efforts to ensure the availability of the website, neither Nine Entertainment nor any of its related bodies corporate makes any representation or warranty that Your access will be uninterrupted, error free, timely or secure.

Accuracy of information

As a condition of Your use of this website, You warrant to Nine Entertainment that You will not use this website for any purpose that is unlawful or prohibited by these terms or any other terms, conditions or notices appearing anywhere on this website. You agree to abide by all applicable laws and regulations. If Nine Entertainment determines or suspects that you have breached these Terms, Nine Entertainment may immediately suspend or terminate your access to SMH Archives.

You will indemnify Nine Entertainment and, where relevant, any licensor or other Content provider, for any loss, damage or costs suffered or incurred in connection with any breach of these conditions or any other legal obligation by You or Your use of SMH Archives or the Content or Your conduct on the SMH Archives website.

You must notify Nine Entertainment of any activity of which you become aware which infringes, or may infringe, the copyright in any Information, and must co-operate with Nine Entertainment. If there is infringement of copyright in any Information, You agree to provide assistance to Nine Entertainment as reasonably required, including being joined in any proceedings at Nine Entertainment’s expense. If Nine Entertainment takes legal proceedings at its own expense, Nine Entertainment will be entitled to retain the entire proceeds recovered in those proceedings, including any sums ordered to be due to You. Nine Entertainment will be under no obligation to take any action in the event of infringement.

Limitation of liability

Nine Entertainment and its related bodies corporate do not exclude any rights or remedies available to you under the Trade Practices Act 1974 (Cth) or any other similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise, all conditions and warranties in respect of SMH Archives and the Content that may be implied by law are excluded.

Subject to the above qualifications, you expressly agree that in no circumstances will Nine Entertainment or any of its related bodies corporate (including its directors, employees, licensors, Content providers, affiliates and other representatives) be liable to You for any damage or loss (including but not limited to any indirect or consequential loss or any loss of profits or revenues whatsoever) however caused (including, but not limited to, by the negligence of Nine Entertainment or any of its related bodies corporate) suffered or incurred by You in connection with your use of SMH Archives or the Content.

Assignment

You may not assign, licence or transfer any rights granted to You or any of Your obligations under these Terms without the express written permission of Nine Entertainment.

Waiver

No failure or delay by a party in exercising any right, power or remedy under these Terms shall operate as a waiver of any such right, power and/or remedy. A waiver is not valid and binding on the party granting it unless it is made in writing.

Enforceability

If any provision of these Terms is held to be unenforceable, that provision will be deleted to the extent necessary and the other provisions of these Terms will remain in full force and effect.

Governing Law

These Terms will be interpreted, construed and governed by the law of the state of New South Wales, Australia. You submit to the non-exclusive jurisdiction of courts exercising jurisdiction there, in connection with matters concerning these terms.

Entire Agreement

These Terms contain the entire agreement between you and us with respect to their subject matter and supersede all prior agreements and understandings between you and us in connection with them.

SMH ARCHIVES – SUBSCRIPTION TERMS

Registration, Authorised Use, Security & Monitoring

Your subscription to SMH Archives will not be valid unless and until Nine Entertainment accepts your registration. All personal information you provide Nine Entertainment will be treated in accordance with the SMH Archives Privacy Policy. It is your responsibility to inform Nine Entertainment of any changes to that information. When you register with Nine Entertainment to use SMH Archives, you select a username (or Nine Entertainment may provide you with one) and Nine Entertainment will issue you with a password. If you wish to change your password at any time, please e-mail fairfaxarchives@fairfax.com.au.

You must ensure that your username and password remain confidential at all times since you are entirely responsible for all use, activities and charges associated with or arising from any use of your username and password (regardless of whether you authorised such use), including unauthorised use of your or any other credit card. Each username and password must be used by a single user and is not transferable. An attempt to login with a username and password that is already in use will disconnect the other user. You must notify Nine Entertainment immediately if you learn of or suspect any unauthorised use of your username and password.

Nine Entertainment may monitor usage and unauthorised usage of SMH Archives (including but not limited to concurrent usage of username and passwords) and may take any action it deems appropriate, including immediately terminating your subscription.

Subscription Charges

For the current subscription fees for products, services and other features offered in connection with SMH Archives, please go to the SMH Archives site.

Nine Entertainment reserves the right to change the fees it charges for products, services or features offered in connection with SMH Archives at any time. These sorts of changes include, but are not limited to, adding fees for new/optional services and/or modifying fees for existing services. By subscribing to any services (including additional services that may be offered from time to time) with which there are associated fees, you agree to pay those fees. If you do not want to pay these associated fees, you must cancel your subscription.

Unless stated otherwise by Nine Entertainment, in order to subscribe for SMH Archives, you must submit valid credit card details. When you submit your credit card details during the registration process the card details will be checked for validity and the payment will be processed immediately. You will be given notification via email of the commencement of your subscription.

Subscription fees and all other fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when subscribing to SMH Archives. If you do not notify us of changes to your billing details, Nine Entertainment will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription.

If any subscription fees or other charges billed to your credit card are not processed for any reason, Nine Entertainment shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including legal fees) incurred by Nine Entertainment in collecting any unpaid subscription fees or other charges from you. If payment in full is not received from you, Nine Entertainment reserves the right to cancel your subscription. Subscription fees will be based upon the subscription rates in effect at the start of each Subscription Period and apply whether or not you actually use SMH Archives during that term. You cannot suspend your subscription to SMH Archives.

GST

Unless stated to be otherwise, charges referred to for use of any services provided by Nine Entertainment via SMH Archives are GST inclusive. When you purchase or renew a subscription to SMH Archives, Nine Entertainment will issue you with a Tax Invoice to your nominated email address, unless you request otherwise. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the "Act"). Tax invoice means tax invoice as defined by the Act.

Renewal of Your subscription

The term "Subscription Period" shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.

Unless you notify us that you wish to renew your subscription before the end of your Subscription Period, your subscription will not automatically renew for successive terms of the same or duration. If your Subscription Period is for 48 hours or longer, we will send you an email reminder with a link to allow you to renew your subscription for the same or a different period of time. If you wish to renew your subscription for the same or a different Subscription Period, you should use your existing username and password to log in and renew your subscription for the period of time you choose. Your credit card will then be charged for each such renewal at the subscription fee in effect at the time of that renewal.

None of the foregoing limits any other legal, equitable, or contractual rights available to Nine Entertainment. Nine Entertainment may, in its sole discretion, choose not to renew your subscription by providing you with notice via email of non-renewal at any time during your Subscription Period. In the event of the foregoing, your subscription will cease immediately and will not continue until, nor renew at, the end of your thencurrent Subscription Period.

Termination or Cancellation of Your Subscription

If your subscription is for 24 hours or 48 hours, you may not cancel your subscription.

If your subscription is for a week, a month or a year, you may cancel your subscription by calling Nine Entertainment on our customer service number. If you cancel your subscription, it will continue in effect until the expiry date of your Subscription Period, and then terminate on that day. (For example, if you join on 1 June and have a monthly subscription and you cancel on June 15, your subscription continues until 1 July, at which time it ends.) Subscription fees are non-refundable. Nine Entertainment may however, at its sole discretion, agree to refund any amounts in exceptional circumstances.

When you provide us with notice to cancel your subscription, you will still have access to browse and search SMH Archives at no charge.

Nine Entertainment may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of these Subscription Terms or the general terms and conditions for use of SMH Archives or (ii) your use of or access to the SMH Archives violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing SMH Archives or any other service offered by Nine Entertainment on SMH Archives.