Terms of use

Terms of use for organisations

1. Terms of use

Thank you for using Cited, software operated by Bright People Technologies Pty Ltd (ABN 45 122 811 714) (Bright) of PO Box 1010, West Perth WA 6872.

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, 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 system support helpdesk at support@cited.com.au before continuing use of Cited or services.

You are also agreeing that Bright may change these Terms or change or upgrade the services by advising you by email or providing notification on its website 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.

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.
  • 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.

3. 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 individual users that are registered with Cited (Cited users). Cited users may share their personal information (e.g. results of a National Police History Check) (user information) with organisations registered on the Cited website.

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.
  • Bright may, at their 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.
  • Bright 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 Bright 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, Bright 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.
  • Bright may offer benefits to organisations that are verified as members of industry partner organisations.
  • Bright may pay referral fees to industry partner organisations.
  • Bright may pay commissions to sales staff.

4. Receiving information from Cited users

One of the services provided within Cited is the ability for Cited users to request, and share the results of, a Cited product (e.g. National Police History Check) with organisations.

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).
  • 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

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.

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.

Bright 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 Bright. 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 Bright:

  • 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.
  • Checking and verifying that the information you have provided to Bright is correct.
  • Retaining and storing the information you have provided (unless you revoke consent by writing to Bright, or instruct Bright to deactivate your organisation’s administrator account). Please note that Bright may not be able to retrieve any information you have provided if it has been passed to a third party (with your consent) and such information is maintained in that third parties’ records.

8. Limitation of liability and indemnity

Subject to any obligations implied by law and which cannot be excluded, Bright 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.

Bright 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 Bright, 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. Bright 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 Bright. 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 Bright.

The text ’Cited’, ‘Checked and Cleared’, and the Cited tick device are all trademarks of Bright People Technologies Pty Ltd.

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.
  • 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
  • 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 Bright each irrevocably and unconditionally submit to the non-exclusive jurisdiction of any court in Western Australia.

1. Terms of use for individual users

Thank you for using Cited, software operated by Bright People Technologies Pty Ltd (ABN 45 122 811 714) (Bright) of PO Box 1010, West Perth WA 6872.

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 Bright may change these Terms or change or upgrade the services by advising you by email or providing notification on it’s website 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 acknowledgements

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. National Police History Check — special terms

One of the services provided within Cited is the ability to request, and share the results of, a National Police History Check. If you are using Cited to request a National Police 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 the purpose for which you are seeking a National Police History Check may be in a category for which exclusions from spent convictions legislation apply.
  • confirm that you will fully answer all questions asked by Bright and the personal information you provide relates to you, contains your full name and all names previously used by you, and is correct.
  • Acknowledge that the provision of false or misleading information is a serious offence.
  • Acknowledge that Bright is collecting information to provide to ACIC and police agencies.

consent to:

  • ACIC and police agencies using and disclosing your personal information to conduct a National Police History Check.
  • Police agencies disclosing to ACIC, from their records, police history information that can be disclosed in accordance in accordance with the laws of the Commonwealth, States and Territories and in accordance with the relevant jurisdiction’s information release policies; and
  • ACIC providing the information disclosed by the Australian police agencies to Bright.

Acknowledge that:

  • Any information provided by you relates specifically to the purpose (role and type of organisation) identified in the Reason for the Check section of the Cited National Police History Check online application form.
  • Any information provided by the Australian police agencies or ACIC, relates specifically to the purpose (role and type of organisation) identified in the Reason for the Check section of the Cited National Police History Check online application form.
  • Any information sent electronically in relation to the check including any identity documents, is sent at your own risk and you are aware of the consequences of this method of lodgement.
  • Personal information that you provide may be disclosed to Bright (including contractors or related bodies corporate) located in Australia or overseas; and
  • It is usual practice for an applicant’s personal information to be disclosed to Australian police agencies for them to use for their respective law enforcement purposes, including the investigation of any outstanding criminal offences.

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) to organisations that are registered on the Cited portal. You are solely responsible for controlling whether your user information will be shared with an organisation.

Once an organisation has registered with Cited, its administrative users will create a unique identification number (Identifier). You may share your user information with an organisation by inputting the organisation’s Identifier into the Cited portal and explicitly confirming the request to send your user information to an organisation. Your user information will then be sent electronically to that organisation.

By entering the Identifier in the Cited platform and explicitly confirming the request to share user information with an organisation, 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.
  • It is your responsibility to ensure that the Identifier is kept securely, remains confidential and is not misused.
  • Bright 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:

  • Bright 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
  • Bright 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. Bright 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.

Bright will not provide access to, your user information to any third parties including any agency or organisation, without your consent.

Bright 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 Bright. 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 Bright:

  • 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 Bright 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 Bright, or instruct Bright to de-activate your user account). Please note that Bright 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, Bright 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.

Bright 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 Bright, 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. Bright 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

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 Bright. 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 Bright.

The text ’Cited’, ‘Checked and Cleared’, and the Cited tick device are all trademarks of Bright People Technologies Pty Ltd.

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 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.
  • 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.

12. Governing law

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

Appendix A

1. ACIC general information

ACIC is collecting your personal information via the Cited National Police History Check online application form in order to conduct a National Police History Check (NPHC) on you. It does this through a contractual arrangement with the Accredited Organisation – Bright People Technologies Pty Ltd (ABN 45 122 811 714) (Bright) of PO Box 1010, West Perth WA 6872. ACIC has contractual arrangements with its Accredited Organisations to collect personal information on its behalf to support processes assessing the suitability of people applying for employment, Australian citizenship, appointment to positions of trust, volunteer service or for various licensing or registration schemes. Accredited Organisations and their customers (such as employers) use the personal information collected on the Cited National Police History Check online application form and the resulting NPHC as part of their assessment process to determine your application. Some Accredited Organisations have a legislative basis for the collection, use and disclosure of your personal information.

ACIC recommends that you seek further information about any relevant/applicable legislative framework from the Accredited Organisation.

In some circumstances Accredited Organisations may have arrangements with overseas entities for administrative or other purposes. ACIC recommends that you seek further information from Bright People Technologies Pty Ltd (ABN 45 122 811 714) (Bright) of PO Box 1010, West Perth WA 6872, in circumstances where your information is likely to be disclosed to overseas recipients.

Unless statutory obligations require otherwise, the information provided on the Cited National Police History Check online application form will not be used without your prior consent for any purpose other than in relation to the assessment of your suitability; or to maintain the records of ACIC and police agencies; or for law enforcement purposes. You will be required to submit another complete Cited National Police History Check online application form (including informed consent) for any future NPHCs.

2. National police history check (NPHC)

Information on the Cited National Police History Check online application form will be used by ACIC and police agencies for checking action; it will also be used to update records held about you by ACIC and police agencies.

ACIC and police agencies will access their records to obtain and disclose Police History Information (PHI) that relates to you to the Accredited Organisation – Bright People Technologies Pty Ltd (ABN 45 122 811 714) (Bright) of PO Box 1010, West Perth WA 6872.

PHI may include outstanding charges, warrant information and criminal convictions/findings/pleas of guilt recorded against you.

PHI is disclosed according to applicable laws of the relevant jurisdiction and, in accordance with the relevant jurisdiction’s information release policies. Applicable laws include but are not limited to spent convictions legislation.

The following links may be helpful in sourcing information on spent convictions in your State/Territory:

3. Limitations on accuracy and use of PHI

While every care has been taken by ACIC and police agencies to conduct a search of PHI that relates to the Applicant, the accuracy and quality of an NPHC issued by ACIC depends on accurate identification of the Applicant (including aliases), the comprehensiveness of police records and is based on the information provided via the Cited National Police History Check online application form. If the Applicant does not complete the information requirements on the Cited National Police History Check online application form, the success and validity of the NPHC will be compromised. It is in your interest to provide full and complete details on the Cited National Police History Check online application form.

If for any reason you do not agree with the results of your NPHC, please notify Bright People Technologies Pty Ltd (ABN 45 122 811 714) (Bright) of PO Box 1010, West Perth WA 6872 so that the NPCS dispute process can be initiated.

4. ACIC contact details

For more information regarding the NPHC process or the handling of personal information and police history information, phone (02 6268 7000) or email (npcs@acic.gov.au) the ACIC’s National Police Checking Service.

5. Provision of incomplete, false, or misleading information

An Accredited Organisation and an Applicant must take reasonable steps to ensure that the personal information collected or disclosed is accurate, complete and up to date.

You are asked to certify that the personal information you have provided on the Cited National Police History Check online application form is correct.

It is a serious offence to provide false or misleading information on the Cited National Police History Check online application form.