Terms of use

Terms of Use For Organisations

TERMS OF USE

Thank you for using Cited, software operated by Kinatico Ltd (ABN 25 111 728 842) (Kinatico). These terms of use (Terms) are our terms of service that govern our relationship with agencies and organisations (Organisations) who interact with Cited and utilise its services (Services). By accessing Cited and using the Services, you agree to these Terms, and to our privacy policy (Privacy Policy), each as updated from time to time. You warrant that you have the authority to accept the Privacy Policy and these Terms. You further acknowledge and agree to the terms and conditions set out in Schedule 1 which relate to that part of the Services involving access to the National Police Checking Service provided by the Australian Criminal Intelligence Commission and which form part of these Terms. Please read these Terms carefully. If you do not understand or have any questions regarding Cited, or the Terms, then please contact System Support helpdesk at support@cited.com.au before continuing use of Cited or the Services. You are also agreeing that Kinatico may change these Terms or change or upgrade the Services by advising you by email or providing notification on its website https://cited.com.au. Cited support personnel reserve the right to suspend access to any user, at any time should these Terms be breached. Any reference to ‘Organisation’ includes a reference to an Organisation’s representatives, directors, officers, employees and contractors.

1. GENERAL ACKNOWLEDGMENTS

In using Cited and the Services you agree:

that it is your responsibility for the security of the network from which the Cited software is accessed;
that it is your responsibility to ensure the secured use of the Cited software, and to be informed as to who is authorised to view or receive information from Cited software; and
you are liable and responsible for the management of your information, and any information that you access or receive through using Cited and the Services, such that it is compliant with all relevant legislation in the jurisdiction which you operate.

2. ORGANISATION ACCOUNT

To use the Services, an Organisation must register a new entity and Organisation administrator account on the Cited portal. Once the Organisation administrator account is established, an Organisation can request information from individuals. Where the individuals are registered with Cited (Cited Users) they may share their personal information (e.g. results of a Nationally Coordinated Criminal History Check) (User Information) directly with Organisations registered on the Cited website. Where the individuals are not registered with Cited, they may request the Organisation to carry out certain checks on their behalf in accordance with Schedule 1. By generating a new entity, establishing an Organisation administrator account and using the Services, you agree that:

the information provided about your Organisation is true and correct and is compliant with all relevant legislation in the jurisdiction which you operate;
Kinatico may, at its absolute discretion, send information that you provide about your Organisation to government agencies, organisations and other third parties in order to verify the authenticity of your Organisation;
Kinatico may search, locate and source any information relating to your Organisation from other sources in its absolute discretion in order to verify the authenticity of your Organisation and to provide the Services;
an individual that provides information to Kinatico through the Cited portal has the authority to act on behalf of the Organisation and provide information about the Organisation;
for the purposes of calculating referral fees, Kinatico may disclose aggregated information about the number and type of checks shared with your Organisation to an industry partner, where your Organisation is verified as a member of the industry partner;
Kinatico may offer benefits to Organisations that are verified as members of industry partner Organisations;
Kinatico may pay referral fees to industry partner Organisations; and
Kinatico may pay commissions to sales staff.

3. CITED NETWORK

If you are a User of the Cited Network you are agreeing to the following:

If Kinatico deems your use of the Cited Network and the Cited User information to be inappropriate or puts the Cited User information at risk, it reserves the right to withdraw the services at any time.
As an Organisational User of the Cited Network, you give Kinatico permission to identify you as a User of the Network.
By using the Cited Network you have opted in to receiving reports and communications relative to Cited and the Cited Network.

4. RECEIVING INFORMATION

In registering and using Cited and its Services, your Organisation agrees that it:

has implemented security measures to protect User Information in all of its operations;
will only use User Information for the primary purpose which was either specified or reasonably apparent at the time when the information was shared with your Organisation;
will only keep User Information for as long as is necessary to fulfil this primary purpose;
will not use User Information for the purpose of direct marketing without the Cited user’s consent;
will not disclose User Information to a third party without prior consent of the Cited user;
will take such steps as are reasonable to ensure that it complies with the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Cth) (Privacy Act) in relation to the collection, use, storage, disclosure, destruction and de-identification of User Information (this applies whether your Organisation is based in or outside of Australia); and
if a Cited user has consented to their User Information being disclosed to a third party, your Organisation will enter into similar contractual arrangements with that third party (for example, a subcontractor) to ensure that third party complies with the APPs as set out in the Privacy Act.

5. FEES

6. CONTROL OF USER INFORMATION

If a Cited user shares User Information with your Organisation, the User Information will be available to you on the Cited portal, accessible via Organisation administrator accounts. Once the User Information becomes available to you through the Cited portal, you are solely responsible for controlling access and use of the User Information. Kinatico will not be liable for any access provided or permitted by your Organisation to anyone (whether you did so intentionally or by accident) or for access through any unauthorised use of Cited.

7. PRIVACY

The privacy of Cited users is very important to Kinatico. Our Privacy Policy is designed to inform users on how they can use Cited to share information with others, how we collect, and use your content and information. We encourage you to read the Privacy Policy. By using Cited and Services, you agree to Kinatico:

searching, locating and sourcing the information relating to your Organisation from other sources in its absolute discretion in order verify the accuracy of information provided and to provide the Services; and
checking and verifying that the information you have provided to Kinatico is correct.

8. LIMITATION OF LIABILITY AND INDEMNITY

Subject to any obligations implied by law and which cannot be excluded, Kinatico has no liability to Organisations whatsoever for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) arising in connection with or out of the use of Cited, or referable to material on Cited, whether such liability arises in contract, tort including negligence, statute or otherwise. Kinatico does not warrant nor accept responsibility for the accuracy of the information provided to it by Cited Users or third parties. You agree to indemnify, release, discharge and hold harmless Kinatico, its directors, employees, officers, contractors and overseas agencies from and against any and all losses, liabilities, damages, costs and expenses suffered or incurred by you. Kinatico will not be liable or responsible for the use of any information accessed through Cited or through the use of the User Information by users or anybody else, including Organisations, with whom the User Information is shared.

9. COPYRIGHT

No part of this website may be copied or imitated in whole or in part. No logo, graphic, sound or image from this website may be copied or re-transmitted unless expressly permitted in writing by Kinatico. The information contained within this site is also subject to the same copyright conditions and cannot be copied, imitated or used in whole or in part without the permission of Kinatico. The text ’Cited’, ‘Checked and Cleared’, and the Cited tick device are all trademarks of Kinatico.

10. CACHING OF WEB DATA

Each time you open the internet browser information collected by the browser, including login names and passwords, is remembered until the browser is closed. The information is ‘cached’. Once you have logged into Cited software, until the web browser is closed, it may be possible to gain access to Cited software. This applies even:

after minimising the browser screen;
after going to a different website; or
if you or another user navigates back to the Cited software site after going to another website.

Additionally, whole pages may be remembered (cached) by your browser, and could be revisited by any person by searching through the history list. The browser works by making a copy of the information and images required in a temporary directory on your computer. To minimise the risk of security breaches on Cited software it is the user’s responsibility to:

ignore prompts from the browser to save the login name and password;
clear the cached and history files regularly; and
close the browser when you have finished using Cited software, or if Cited software will not be used for an extended period of time.

11. GOVERNING LAW

These terms of use are governed by and construed under the law in the State of Western Australia. You and Kinatico each irrevocably and unconditionally submit to the non-exclusive jurisdiction of any court in Western Australia.

SCHEDULE 1

1. DEFINITIONS

In this Schedule 1: ACIC means the Australian Criminal Intelligence Commission, being an Australian government agency, and includes the agency’s officers, delegates, employees and agents. ACIC Agreement means the agreement between Kinatico and ACIC pursuant to which Kinatico is authorised to access the NPCS. Agency has the same meaning as given in the Privacy Act. Applicant means an individual who has completed an Application Form and provided his or her Informed Consent. Application Form means an application form containing the information outlined in clause 2.5 of this Schedule 1. Australian Privacy Principles has the same meaning as given in the Privacy Act. Document Verification Service or DVS means the Australian national online system that allows organisations to compare an Applicant’s identifying information with a government record. Electronic Signature means an electronic signature in accordance with the Electronic Transactions Act 1999 (Cth) which may include informed digital acknowledgement. Identity Documents means the identity documents relating to an Applicant as further described in clause 2.8 of this Schedule 1. Informed Consent means a consent form completed and signed by an Applicant that sets out or contains at a minimum the information contained in clause 2.4 of this Schedule 1. NPCS means the National Police Checking Service established by ACIC to facilitate nationally coordinated criminal history checks to support the assessment of the suitability of people applying for employment (including positions of trust and volunteer service) or entitlements (including Australian citizenship, licensing and registration schemes). NPCS Check means a criminal history and police information check conducted about an Applicant carried out by or on behalf of Kinatico using access to the NPCS, and the result of that checking process provided in a physical or electronic format. NPCS Check Category has the meaning given to it in clause 2.5(a)(ix) of this Schedule 1. Personal Information has the meaning given in the Privacy Act. Police Information means any information collected for the purposes of providing the NPCS or information released as part of a NPCS Check including any information accessible for the purposes of an NPCS Check. Privacy Act means the Privacy Act 1988 (Cth).

2 NATIONALLY COORDINATED CRIMINAL HISTORY CHECKS

2.1 General

You acknowledge that Kinatico has entered into the ACIC Agreement with the Commonwealth of Australia represented by ACIC for access to the NPCS.
You acknowledge and agree that:
1. Kinatico must comply with the ACIC Agreement and the applicable provisions of the Privacy Act in providing the Services;
2. Kinatico may refuse to provide all or part of the Services if to do so would, in Kinatico’s sole opinion, constitute a breach of the ACIC Agreement or the Privacy Act; and
3. without limiting any other rights of termination in accordance with the Terms, Kinatico may terminate these Terms at any time upon termination of the ACIC Agreement.
Without limiting any other provisions of the Terms, upon any termination of these Terms in accordance with clause 2.1(b)(iii), you will not be entitled to any compensation whatsoever including for loss of prospective profits or loss of any benefits that would have been conferred on you if the termination had not occurred.
You agree that you must, at your own cost, liaise withKinatico and provide Kinatico with any information that it reasonably requires, including information about your personnel, to enable Kinatico to comply with the terms of the ACIC Agreement, and you must comply with all of Kinatico’s reasonable requests, directions and monitoring requirements in relation to these Terms or any review or audit of your compliance with these Terms that may be carried out by Kinatico or ACIC or for the Commonwealth of Australia.
You must, on request by Kinatico following a request from ACIC, at any time, promptly arrange for your personnel to give a written undertaking in a form acceptable to Kinatico acting under direction from ACIC relating to the use and non-disclosure of the Commonwealth’s confidential information including Police Information.
You must not use any branding or logo associated with ACIC or an Australian police agency for the purpose of marketing or promotion or any other purpose.
You acknowledge that all intellectual property in Police Information and other material relevant to or associated with the NPCS is owned by the Commonwealth and the Australian police agencies. Nothing in these Terms affects the ownership of intellectual property in Police Information (including any copy thereof) provided to you.

2.2 Provision of NPCS Checks

As an “Accredited Body” as defined in the ACIC Agreement, Kinatico is authorised for the term of the ACIC Agreement to use the NPCS to provide a NPCS Check to you subject to your compliance with the following and accordingly you must:

act at all times as if you are an Agency and comply with the provisions of the Privacy Act as an Agency;
not request a NPCS Check unless you have provided:
1. Informed Consent of the Applicant in accordance with clause 2.4 of this Schedule 1 in connection with that NPCS Check; and
2. a completed Application Form in accordance with clause 2.5 of this Schedule 1;
use or disclose Personal Information obtained using the Services only for the purposes disclosed in writing to Kinatico on or prior to use of the Services;
provide the Applicant with the NPCS Check result and a disclaimer as to the limitations on accuracy and use of the information, which includes the information set out in clause 2.7 of this Schedule 1 as soon as possible after the result is received by you;
comply with any directions, guidelines, determinations or recommendations of Kinatico, to the extent that they are consistent with the Australian Privacy Principles or the ACIC Agreement;
implement safeguards to keep Police Information secure in accordance with clause 2.6 of this Schedule 1;
not summarise, précis or otherwise alter Police Information provided to you by Kinatico;
not retain a NPCS Check result or an Applicant’s Informed Consent for longer than twelve (12) months following release of the result; and
grant ACIC or its authorised officer a right of access to your premises (and to data, records and other material relevant to the use of the NPCS and the handling of Police Information, including the right to copy) which ACIC must exercise reasonably and subject to your reasonable safety and security requirements; and
grant ACIC a right to collect and use your Personal Information for the purposes of administering, monitoring, reviewing, promoting and evaluating use of the NPCS.

2.3 Suspension

Kinatico may, at its discretion and in addition to any other rights it has under the Terms, suspend or reduce your access to the Services where:
1. you have breached any of the Terms or where Kinatico reasonably suspects that you have committed or may commit a breach of a provision of the Terms, until such time as the breach has been remedied to Kinatico’s satisfaction; or
2. Kinatico’s access to the NPCS has been suspended or reduced by ACIC for any reason.
You must continue to perform your obligations under these Terms notwithstanding any suspension or reduction of the Services.

2.4 Informed Consent

You must not request a NPCS Check on an Applicant unless you have obtained an Informed Consent from that Applicant in accordance with this clause 2.4.
An “Informed Consent” is a consent form (in physical or electronic format) that:
1. is completed by the Applicant, on or on behalf of the Applicant, and includes the Applicant’s signature or Electronic Signature and date of signature; or
2. if the Applicant is less than 18 years of age – is completed by a parent or legal guardian of the Applicant and includes a signature or Electronic Signature of the parent or legal guardian and date of signature; and
sets out or contains at a minimum:
1. the Applicant’s surname and given name(s);
2. an acknowledgement that the Applicant consents to a NPCS Check being undertaken on all names under which the Applicant was, is or has been known, as provided by the Applicant in an Application Form;
3. the purpose of the NPCS Check;
4. the purpose(s) for which the Applicant’s Personal Information is being collected and the purpose(s) for which the NPCS Check is being undertaken;
5. any person to whom, or organisation (including its Australian Business Number) to which, Personal Information (including Police Information) may be disclosed and in what circumstances (including ACIC, Australian police agencies and third parties);
6. where any of the Applicant’s Personal Information will be, or is likely to be, sent offshore, the details of to whom and in which country or countries the Applicant’s Personal Information will be disclosed and a statement that the Applicant consents to such transfer of Personal Information;
7. any law which requires that the Applicant’s Personal Information be collected and the consequences of non-compliance;
8. an acknowledgement that the Applicant understands that their Personal Information may be used for general law enforcement purposes, including those purposes set out in the Australian Crime Commission Act 2002 (Cth);
9. information that the Applicant is required to contact you (or Kinatico) in the first instance in relation to any dispute about the result of a NPCS Check in relation to the Applicant;
10. information about your NPCS Check dispute process including contact details of your complaints officer;
11. if a law requires Police Information about the Applicant to be disclosed to another person or organisation – information that the Police Information will be disclosed to that person or organisation and the basis for the disclosure;
12. your full name and contact details, including the name and contact details of your privacy officer, and Kinatico’s full name and contact details, including the name and contact details of Kinatico’s privacy officer; and
13. advice that the ACIC privacy officer can be contacted on (02) 6268 7000 or privacy@ACIC.gov.au or GPO Box 1573 Canberra City ACT 2601.

2.5 Application Form

You must not request an NPCS Check on an Applicant unless you have provided Kinatico with an application which includes the following information:
1. the Applicant’s signature or Electronic Signature, or, if the Applicant is less than 18 years of age, the signature or Electronic Signature of a parent or guardian and a date of signature;
2. the Applicant’s surname and given name(s), and all names under which the Applicant was, is or has been known;
3. the Applicant’s date and place of birth;
4. the Applicant’s gender;
5. the Applicant’s residential address(es) for the past five (5) years;
6. if available, the Applicant’s driver’s licence details and/or firearms licence details;
7. the position title, occupation or entitlement being sought by the Applicant;
8. if applicable, the proposed place of work and whether the Applicant will have contact with children or vulnerable groups (such as those who are disadvantaged or in need of special care, support or protection due to their age, disability or risk of abuse or neglect);
9. the applicable NPCS Check Category, which includes:
  1. National Security;
  2. Employment/Probity/Licence;
  3. Exchange of Criminal History Information for People Working with Children; or
  4. Immigration; and
10. a statement or endorsement confirming that you are satisfied as to the correctness of that Applicant’s identity and that you have verified the Applicant’s Identity Documents or a Document Verification Service has been able to verify the validity of the Applicant’s Identity Documents in accordance with clause 2.8 of this Schedule 1.

2.6 Safeguards

You acknowledge that your use of the Services to conduct a NPCS Check(s) involves:
1. the collection, storage, use and disclosure of Personal Information; and
2. the collection, storage, use and possible disclosure of Police Information.
You agree that in using the Services to conduct a NPCS Check(s) you must:
1. collect, store, use or disclosure Personal Information and Police Information only for the NPCS Check Category specified and related administration;
2. not collect, transfer, store or otherwise use Personal Information or Police Information outside Australia, or allow parties outside Australia to have access to Personal Information or Police Information unless consent has been obtained from the Applicant;
3. not disclose Personal Information or Police Information other than for the purpose for which the Applicant gave Informed Consent unless otherwise authorised or required by law;
4. not commit any act, omission or engage in any practice which is contrary to the Privacy Act;
5. not do any act or engage in any practice that would be a breach of an Australian Privacy Principle of Registered Australian Privacy Principle Code (where applied to you or Kinatico) established under the Privacy Act unless that act or practice is explicitly required under these Terms;
6. implement safeguards to keep Personal Information and Police Information secure, including undertaking practices that a professional organisation handling Personal Information would implement to appropriately protect that information, and request further information regarding these safeguards if in doubt regarding the standard required;
7. comply with any directions or guidelines in relation to the treatment of Personal Information and Police Information, notified to you by Kinatico or ACIC;
8. destroy or securely dispose of all hard and electronic copies (including backed up versions held on servers or other media) of (i) each NPCS Check within twelve months following its receipt; and (ii) each Application Form, Informed Consent and any identity documents remotely presented by the Applicant within 15 months of its receipt unless a longer retention period is required by law or approved by ACIC.
9. ensure that all your employees and personnel required to deal with Personal Information and Police Information are made aware of the obligations contained in this clause 2.6.

2.7 Limitations and Accuracy

1. You acknowledge and agree that ACIC, and Kinatico, makes the information contained in a NPCS Check available for use on the following conditions:
  1. ACIC and Kinatico make no representation or warranty of any kind without limitation in respect to accuracy of the information obtained from a NPCS Check; and
  2. ACIC and Kinatico do not accept responsibility or liability for any error or omission in the information obtained from a NPCS Check.
2. You must ensure that all Applicants are provided with the following information when results are sent to them:

DISCLAIMER

1. 1. This nationally coordinated criminal history check (NPCS Check) provides a point in time check about the applicant for an authorised NPCS Check category and purpose. Information obtained through this check should not be used for any other purpose.
  2. The accuracy and quality of information provided in this NPCS Check depends on accurate identification of the applicant which is based on information, including aliases, about the applicant provided in the application and the comprehensiveness of police records.
  3. While every care has been taken by the Australian Criminal Intelligence Commission (ACIC) to conduct a search of police information held by it and Australian police agencies that relates to the applicant, this NPCS Check may not include all police information about the applicant. Reasons for certain information being excluded from the NPCS Check include the operation of laws that prevent disclosure of certain information, or that the applicant’s record is not identified by the search process across the agencies’ relevant information holdings.
  4. This NPCS Check may contain any of the following information about an applicant:
    1. charges;
    2. court convictions;
    3. findings of guilt with no convictions;
    4. court appearances;
    5. good behaviour bonds or other court orders;
    6. pending matters awaiting court hearings; and
    7. traffic offence history,

(Disclosable Court Outcome).

1. 1. If this NPCS Check contains a Disclosable Court Outcome, the entity submitting the application is required to:
    1. notify the applicant of the NPCS Check; and
    2. provide the applicant with a reasonable opportunity to respond to, or validate, the information in the NPCS Check.
  2. To the extent permitted by law, neither ACIC nor Australian police agencies accept responsibility or liability for any omission or error in the NPCS Check.

NATIONAL POLICE HISTORY CHECK PROCESS The information in this nationally coordinated criminal history check has been obtained according to the following process:

1. ACIC searching its data holdings for potential matches with the name(s) of the applicant;
2. ACIC and the relevant Australian police agencies compare name matches with police information held in Australian police records;
3. the relevant Australian police agency identifies any police information held in its police records and releases the information subject to relevant spent convictions, non-disclosure legislation or information release polices; and
4. ACIC provides resulting information to the entity submitting the application.

2.8 Identity Documents

1. When reviewing an Applicant’s Application Form, you must be satisfied as to the Applicant’s identity and the linkage between the Applicant and the claimed identity by sighting original documents or digital copies of documents provided via post, electronically or email which prove their identity (Identity Documents).
2. In assessing an Application Form, you must sight four Identity Documents consisting of:
  1. at least one document listed as a ‘Commencement of Identity Document’ in sub-clause (e) below;
  2. at least one document listed as a ‘Primary Use in Community Document’ in sub-clause (e) below;
  3. at least two documents listed as a ‘Secondary Use in the Community Document’ in sub-clause (e) below.
3. The Identity Documents referred to in sub-clause (b) above must include, in combination, the Applicant’s full name, date of birth and a photograph of the Applicant. If the Applicant does not have an Identity Document which contains a photograph of the Applicant, the Applicant must submit a passport style photograph that has been certified by a person listed in Schedule 2 of the Statutory Declarations Regulations 1993 (Cth) that the photograph is a photograph of the Applicant.
4. There are special provisions that apply to the following categories of Applicants who may be unable to meet the identity requirements in sub-clause (b):
  1. persons whose birth was not registered;
  2. people who are homeless;
  3. recent arrivals (persons that have been in Australia for 6 weeks or less);
  4. people living in remote areas;
  5. persons who are transgender or intersex;
  6. people affected by natural disasters;
  7. people with limited access to identity documents for reasons associated with how they were raised, such as institutional or foster care;
  8. people with limited participation in society; and
  9. young people who are yet to establish a social footprint or evidence of community participation.

You should contact Kinatico if an Applicant falls within one of these categories.

The following table lists applicable Identity Documents and outlines the relevant Category attached to each document type:

COMMENCEMENT OF IDENTITY DOCUMENT

A full Australian Birth Certificate (not an extract or birth card)
A current Australian Passport (not expired)
Australian Visa current at time of entry to Australia as a resident or tourist
ImmiCard issued by the Department of Home Affairs
Certificate of identity issued by the Department of Foreign Affairs and Trade (DFAT) to refugees or non-Australian citizens for entry to Australia
Document of identity issued by the Department of Foreign Affairs and Trade (DFAT) to Australian citizens or person who possess the nationality of a Commonwealth country, for travel purposes
Certificate of evidence of resident status

PRIMARY USE IN THE COMMUNITY DOCUMENT The following Identity Documents must not be expired:

A Current Australian Driver’s Licence, Learner’s Permit or Provisional Licence issued by a State or Territory, showing signature and/or photo and the Applicant’s name
Australian marriage certificate issued by a State or Territory (this does not include church or celebrant issued certificates)
A current passport issued by a country other than Australia with a valid visa or valid entry stamp or equivalent
A current proof of age or photo identity card issued by an Australian government agency in the Applicant’s name with photo and signature
A current shooter’s or firearm licence showing signature and photo (does not include a minor or junior permit or licence)
For persons under the age of 18 with no other Primary Use in Community Documents, a current student identification card with photo or signature

SECONDARY USE IN THE COMMUNITY DOCUMENT

Foreign/International Driver’s Licence and other Government issued documents
Medicare Card
Electoral Roll Registration
Credit/Debit Card
DFAT issued Certificate of Identity
DFAT issued Document of Identity
DFAT issued United Nations Convention Travel Document Secondary
Security Guard/Crowd Control photo licence
Evidence of right to a government benefit (such as DVA or Centrelink)
Consular photo identity card issued by DFAT
Police Force Officer photo identity card
Australian Defence Force photo identity card
Commonwealth or State or Territory photo identity card
Aviation Security Identification Card
Maritime Security Identification Card
Credit reference check
Australian tertiary student photo identity document
Australian secondary student photo identity document
Certified academic transcript from an Australian university
Trusted referees report

2.9 Dispute Process

You acknowledge that any dispute about the results of an NPCS Check must be promptly notified to Kinatico;
You must provide Kinatico with any information or materials reasonably requested by Kinatico to resolve any dispute regarding the results of an NPCS Check; and
Kinatico may require you to complete a formal dispute form in the format notified by Kinatico to you from time to time.

1. Terms of use for individual users

Thank you for using Cited, software operated by Kinatico Ltd (ABN 25 111 728 842) (Kinatico). These terms of use (Terms) are our terms of service that govern our relationship with users and other individuals, agencies and organisations who interact with Cited and utilise its services (Services). By accessing Cited and using the Services, you agree to these Terms, as updated from time to time. Please read these Terms carefully. If you do not understand or have any questions regarding Cited, or the Terms, then please contact Cited Support helpdesk at support@cited.com.au before continuing use of Cited or Services. You are also agreeing that Kinatico may change these Terms or change or upgrade the Services by advising you by email or providing notification on its website https://cited.com.au. Cited support personnel reserve the right to suspend access to any user, at any time should these Terms be breached.

2. GENERAL ACKNOWLEDGMENTS

In using Cited and the Services you agree:

that it is your responsibility for the security of the network from which the Cited software is accessed;
that it is your responsibility to ensure the secured use of the Cited software, and to be informed as to who is authorised to view or receive information from Cited software; and
you are liable and responsible for the management of your information such that it is compliant with all relevant legislation in the jurisdiction in which you operate.

3. NATIONALLY COORDINATED CRIMINAL HISTORY CHECK – SPECIAL TERMS

One of the services provided within Cited is the ability to request, and share the results of, a nationally coordinated criminal history check. A nationally coordinated criminal history check is conducted with your informed consent to determine your suitability for a position of trust, specified field of endeavour or as required by legislation. A nationally coordinated criminal history check contains your personal information, and police information that is disclosable about you, according to the purpose of your check. If you are using Cited to request a nationally coordinated criminal history check, you:

acknowledge that you have read the ACIC (Australian Criminal Intelligence Commission – an Agency of the Commonwealth of Australia) general information (See Appendix A) and understand that information will be disclosed in accordance with applicable legislation and information release policies (including spent convictions legislation (however described) in the Commonwealth, States and Territories).
acknowledge that Kinatico is collecting information in this form to provide to the Australian Criminal Intelligence Commission (ACIC) and police agencies, for a nationally coordinated criminal history check to be conducted for the purpose you outline within the Cited nationally coordinated criminal history check online application form.
have fully and accurately completed this form, and the personal information I/the applicant, have provided relates to me/the applicant, and contains the full name and all names previously used by me/the applicant.
acknowledge that withholding and/or providing misleading or false information on this form and in any supplied identity documents is a Commonwealth offence and may lead to prosecution under the Criminal Code Act 1995 (Cth).
acknowledge that personal information that I/the applicant provided in this form and on the supplied identity documents may be disclosed to the Kinatico (including contractors, legal entity customers, related bodies or third parties in Australia or overseas, if applicable).
acknowledge that any information sent by mail or electronically, in relation to this form, including identity documents, is sent at my/the applicant’s risk and I/the applicant, am aware of the consequences of sending information in these ways.
acknowledge that I/the applicant am aware that I/the applicant am providing consent for a national check to be conducted on all personal information provided in this form and provided in suppled identity documents.
understand and consent to police information relating to me/the applicant, being disclosed in accordance with the purpose identified in the Cited nationally coordinated criminal history check online application form, applicable legislation and information release policies (including spent convictions legislation described in Australian Government and state or territory legislation).
give consent to:
- the ACIC and police agencies using and disclosing my/the applicant’s personal information that I/the applicant, have provided in this form and personal information contained in my supplied identity ocuments to conduct a nationally coordinated criminal history check.
- the ACIC disclosing the police information sourced from the police agencies to other approved bodies and Kinatico.
- Kinatico disclosing to the legal entity customer, third parties and any permitted offshore transfer arrangements, my/the applicant’s personal information and police information to assess my/the applicant’s suitability for the purpose identified in the Cited nationally coordinated criminal history check online application form.
acknowledge that it is usual practice for my/the applicant’s personal information and police information to be used by police agencies and the ACIC for law enforcement, including purposes set out in the Australian Crime Commission Act 2002 (Cth).

4. DOCUMENT VERIFICATION SERVICE – SPECIAL TERMS

In order to verify your identity electronically in connection with the provision of the Services, we will pass on information you provide (such as names, addresses and copies of identification documents) to Commonwealth and State government departments via the Australian Government Document Verification Service (DVS). DVS will send information, using a secure line, to the issuers of the identification documents where an automated check of that data will verify whether the information provided matches the information held by the issuer. The issuer sends an automatic response via DVS to confirm or deny whether the details match the database records it holds. By agreeing to these terms of use you agree that:

the information you are providing is your personal information and you have authority to provide it to us; and
we may use and disclose your personal information for the purposes of electronic verification as described above.

5. SHARING YOUR INFORMATION – SPECIAL TERMS

In using Cited and the Services, you may choose (but are under no obligation) to share your personal information (e.g. results of a National Police History Check) (User Information) with organisations that are registered on the Cited portal. You are solely responsible for controlling whether your User Information will be shared with an organisation. You may share your User Information in Cited with an organisation by :

- Responding to an invitation created in Cited by a Cited registered organisation and sent to you via email
- Actioning a link request created and made available to you by a Cited registered organisation
- Explicitly choosing to share your information with a Cited registered organisation from within your Cited account.

By responding to an invitation, actioning a link, or choosing to share your information from within your Cited account you agree that:

any User Information sent electronically is sent at your own risk and you are aware of the consequences of this method of sharing information;
the User Information is personal to you and you have authority to share it with an organisation;
Kinatico may check and verify your User Information before it is shared with an organisation;
you grant the organisation to which you are sending your User Information permission to view, access, validate, store and otherwise handle your User Information for the primary purpose for which you have specified (e.g. applying for employment or undertaking volunteer work);
your User Information may be maintained in the organisation’s records; and
you may not be able to retrieve or amend your User Information once it has been sent to an organisation.

Some organisations may be located outside of Australia. Should you choose to share your User Information with an overseas organisation, you agree that:

Kinatico is not required to take more than reasonable steps to ensure overseas organisations comply with all applicable Australian privacy laws in relation to disclosure of your User Information;
the overseas recipient will not be accountable under any applicable Australian privacy laws in relation to the collection, use, storage, destruction, de-identification and otherwise handling of User Information;
you will not be able to seek redress for any misappropriation of your User Information under any applicable Australian privacy laws; and
Kinatico takes no responsibility for any breach by overseas organisations in relation to your User Information (howsoever caused) of any applicable Australian privacy laws.

6. FEES

Fees and/or charges paid by you to Cited are non-refundable. If in the unlikely event a service interruption or other issue arises that impinges your utility to use the software, Cited support personnel may, at their absolute discretion, provide you with a link (URL) to allow you to reattempt the operation that was unsuccessful. Kinatico may pay referral fees to organisations or individuals, however, this will not increase the fees or charges paid by you for any product.

7. CONTROL OF USER INFORMATION

Once your User Information (e.g. a National Police History Check) has been received, your User Information will be available to you on the Cited portal, accessible through your unique login details. Your User Information will remain accessible on the portal until your account is deactivated. Once your User Information is available on the portal, you are solely responsible for controlling access to your User Information, and requesting new information as and when required. You may edit your User Information, or request new User Information through the portal. Kinatico will not provide access to your User Information to any third parties including any agency or organisation, without your consent. Kinatico will not be liable for any access provided or permitted by you to anyone (whether you did so intentionally or by accident) or for access through any unauthorised use of Cited.

8. PRIVACY

The privacy of Cited users is very important to Kinatico. Our Privacy Policy is designed to inform users on how they can use Cited to share information with others, how we collect, and use your content and information. We encourage you to read the Privacy Policy which is available at: https://cited.com.au/privacy By using Cited and Services, you agree to Kinatico:

dealing with your personal information as outlined in the Privacy Policy;
searching, locating and sourcing the information relating to you from other sources in its absolute discretion in order to provide the Services;
checking and verifying that the information you have provided to Kinatico is correct;
providing your User Information to the parties or organisations that you give access to or share information with; and
retaining and storing your User Information (unless you revoke consent by writing to Kinatico, or instruct Kinatico to de-activate your user account). Please note that Kinatico may not be able to retrieve your User Information if it has been passed to a third party (with your consent) and such information is maintained in that third parties’ records.

9. LIMITATION OF LIABILITY AND INDEMNITY

Subject to any obligations implied by law and which cannot be excluded, Kinatico has no liability to Users whatsoever for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) arising in connection with or out of the use of Cited, or referable to material on Cited, whether such liability arises in contract, tort including negligence, statute or otherwise. Kinatico does not warrant nor accept responsibility for the accuracy or legal compliance of the information provided to it by third parties. You agree to indemnify, release, discharge and hold harmless Kinatico, its directors, employees, officers, contractors and overseas agencies from and against any and all losses, liabilities, damages, costs and expenses suffered or incurred by you. Kinatico will not be liable or responsible for the use of any information accessed using Cited or through the use of the User Information by you or anybody else with whom the User Information is shared.

10. COPYRIGHT

11. CACHING OF WEB DATA

Each time you open the internet browser information collected by the browser, including login names and passwords, is remembered until the browser is closed. The information is ‘cached’. Once you have logged into Cited software, until the internet browser is closed (e.g. close the Internet Explorer application fully), it may be possible to gain access to Cited software. This applies even:

after minimising the browser screen;
after going to a different website; or
if you or another user navigates back to the Cited software site after going to another website.

ignore prompts from the browser to save the login name and password;
clear the cached and history files regularly; and
close the browser when you have finished using Cited software, or if Cited software will not be used for an extended period of time.

12. GOVERNING LAW

APPENDIX A

1. TERMINOLOGY

Nationally coordinated criminal history check Describes both: the checking process undertaken by the ACIC and police, and the result received by the accredited body. Commonly known as a ‘police check’. You/the applicant Individual seeking a nationally coordinated criminal history check. Accredited body Organisation accredited with the ACIC and responsible for submitting your Application and informed consent form. (Kinatico) Australian Criminal Intelligence Commission (ACIC) Australian Government agency responsible for facilitating access to nationally coordinated criminal history checks. Legal entity customer Organisation the accredited body uses to collect your Application and informed consent form. This may be your employer, benefits provider or issuing body. Third party Organisation the accredited body is required by law to disclose your personal information and police information to. Personal information Information about you, including any information contained in your identity documents. Police information Information released as part of a nationally coordinated criminal history check.

2. WHO COMPLETES THE APPLICATION FORM?

Accredited body The accredited body (Kinatico) or its legal entity customer pre-populates in the Cited nationally coordinated criminal history check online application form with information related to organisations to whom the applicant’s personal and police information will be disclosed. Applicant You are required to provide your personal details and informed consent to complete in the Cited nationally coordinated criminal history check online application form. You must also provide your identity documents. If you are less than 18 years of age, this form must be completed by your parent or legal guardian. You are completing in the Cited nationally coordinated criminal history check online application form to obtain a nationally coordinated criminal history check. What is a nationally coordinated criminal history check? A nationally coordinated criminal history check is conducted with your informed consent to determine your suitability for a position of trust, specified field of endeavour or as required by legislation. A nationally coordinated criminal history check contains your personal information, and police information that is disclosable about you, according to the purpose of your check.

3. HOW WILL MY INFORMATION BE USED?

The ACIC and Australian police agencies The ACIC and Australian police agencies use the information in the Cited nationally coordinated criminal history check online application form and the applicant’s identity documentation:

to disclose police information relating to you, to Kinatico.
to update records held about you
for law enforcement, including purposes set out in the Australian Crime Commission Act 2002 (Cth)

Accredited body Kinatico or its legal entity customer uses the personal information collected in in the Cited nationally coordinated criminal history check online application form to request a nationally coordinated criminal history check and to assure itself of your identity. Kinatico may have a legislative basis for the collection, use and disclosure of your personal information and police information to a third party. If applicable, third parties are listed within in the Cited nationally coordinated criminal history check online application form. The ACIC recommends you seek more information about relevant legislation from Kinatico. Kinatico or its legal entity customer must advise you if your personal information or police information will be transferred or supplied to a location outside Australia, known as the permitted offshore transfer arrangement. If this applies, the legal name and location of the overseas entity are listed within in the Cited nationally coordinated criminal history check online application form. The ACIC recommends you seek more information from Kinatico. You can contact Kinatico for more information on how they handle your personal information. How is my national check result determined? Police information is disclosed in accordance with applicable legislation and information release policies of the Australian Government and state and territory governments. These links may help you source information on spent convictions: Australian Government www.legislation.gov.au Australian Capital Territory www.legislation.act.gov.au New South Wales www.legislation.nsw.gov.au Northern Territory www.legislation.nt.gov.au Queensland www.legislation.qld.gov.au South Australia www.legislation.sa.gov.au Tasmania www.thelaw.tas.gov.au Victoria www.police.vic.gov.au Western Australia www.slp.wa.gov.au How do I dispute my result? If you do not agree with the results of your nationally coordinated criminal history check, contact Kinatico or, if applicable, its legal entity customer and tell them you want to dispute the result. Kinatico or its legal entity customer accepts and escalates all disputes.