Terms and Conditions

Effective 1 July 2024

Welcome to LifeTimes!

We are here to help you build your own interactive, international and ever-growing family tree. Our goal is to become the largest publicly available genealogical database on the internet and to use this database to bring families around the world closer together.

By posting information on our site you will be contributing to a global network of humanity which can facilitate all kinds of connections with long-lost relatives – past and present - and old friends. You can also invite others to join our network: a cousin living on the other side of the globe, or your aunt who prides herself on being the family historian. If you’ve been invited to join by someone else we might already have information about you ready for you to claim and start building your profile.

It’s easy to join; in fact, you’re nearly there! Simply follow the signup process on the LifeTimes site, read these Terms and our Privacy Policy and you’re away!

As a Member you can start by claiming information about you that has already been recorded on LifeTimes, or by posting information about yourself. After that you can add information about yourself, your family, your close friends and others. And you can invite family and friends to join LifeTimes and keep the tree growing.

But let’s just slow down for a minute and remember that we are dealing with people’s lives here. Because we care about our Members and everyone else really, we ask that you please take a few moments to read through these Terms to help you understand how things work with LifeTimes. Once you’ve done that, you can jump in and start building your connections in LifeTimes!

We hope you have the Times of your Life!

1.Introduction and sign up

1.1. The website located at www.LifeTimes.co and associated websites (Website) is owned and operated by LifeTimes Operations Pty Ltd ACN 613 339 030 (LifeTimes). Please read these Terms carefully before signing up to use the LifeTimes Website and Platform.

1.2. The Website operates a platform for the LifeTimes social media site (the Platform), which is a collection and database of genealogical and other information collected from, and about, people around the world and more specifically provides users with the ability to:

(a) post Content, including photos and documents, about themselves, family, friends and other people;
(b) contact family, friends and other Members to whom they may be related or with whom they may have a relevant connection;
(c) share messages with family, friends and other Members;
(d) view and access Content about other people and seek to identify people to whom they may be related or with whom they may have a relevant connection; and
(e) claim or validate information posted by others about you or other people.

1.3. These terms and conditions (Terms) apply to all persons that access or utilise the Platform (you and your).

1.4. By clicking the ‘I accept’ button and in consideration of LifeTimes allowing you to use the Platform, you agree that:

(a) you have read, understood and will be bound by the Terms; and
(b) you are a person who is eligible to use the Platform as set out in clause 2.

1.5. Before you can access and use the Platform, you must provide LifeTimes with certain information (Signup Information), including:

(i) your given name(s);
(ii) your family name; and
(iii) your email address

1.6. Your Signup Information will be posted on the Website as part of the Content.

1.7. If you are a Member, you can select the Privacy Setting that will apply to your Account and your use of the Platform.

1.8. If your parent, guardian or other representative is entering into these Terms on your behalf, they warrant to LifeTimes that they have full legal authority to bind you to these Terms.

2.Eligibility

2.1. You will only be eligible to use the Platform if:

(a) you are aged 13 years or older;
(b) you are not a competitor of LifeTimes (in the sole opinion of LifeTimes) and do not intend on using the Services to compete with LifeTimes or otherwise commercially exploit the Platform;
(c) you do not have another current Account with LifeTimes for access to and use of the Platform; and
(d) you are not otherwise restricted from accessing the Platform or otherwise prohibited from holding an Account with LifeTimes.

3.Access to the Platform

3.1. Upon acceptance of these Terms, you will be granted access to the Platform.

3.2. Your access to the Platform will be via a secure login Username and Password issued to you by LifeTimes. You are responsible for:

(a) providing and maintaining accurate, current and complete information about you as may be required by any registration forms on the Platform; and
(b) the security of your Password.

LifeTimes will not be responsible for any unauthorised access to the Platform or misuse of any Usernames or Passwords.

3.3. You must notify LifeTimes of any change to a Username or Password and of any suspected or actual unauthorised access to a Username or Password.

3.4. LifeTimes reserves the right to cancel a Username or Password at any time in its absolute discretion.

4.Use of the Platform

4.1. You must comply with LifeTimes’ Policies at all times when using the Website (including posting any Content to the Platform).

4.2. LifeTimes’ Services, the Platform and the Website are for the personal use of Members only and must not be used in connection with any commercial endeavours other than with the express written consent of LifeTimes.

4.3. Without limiting LifeTimes' rights under clause 9.5, LifeTimes reserves the right to remove, delete, modify or otherwise vary the Content at any time in its discretion.

4.4. LifeTimes takes no responsibility and assumes no liability for any Content which is posted by you or any third party to the Platform, or for any loss or damage thereto, nor is LifeTimes liable or responsible for any mistakes, discrimination, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the Platform or Content.

4.5. You warrant that any Content you post to the Platform (including the Signup Information) is true, accurate and complete and is not misleading or deceptive.

4.6. You agree not to post any of the following to the Platform:

(a) any Content that is unlawful, discriminatory, defamatory, obscene, pornographic, racist, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or is otherwise, in LifeTimes’ opinion, objectionable, offensive or damages LifeTimes, the Platform or any other person (Unacceptable Content);
(b) any Content that would constitute, encourage or provide instructions for a criminal offence, breach any laws or regulations, infringe the legal rights of any person (including any intellectual property rights), be contrary to any relevant standards or codes (including any LifeTimes Policies) or intimidate, harass or offend any person or be reasonably likely to do so;
(c) any Content that may infringe any patent, trade mark, trade secret, copyright or other intellectual or proprietary right of any person;
(d) any files with any viruses, malicious code or other conditions which could damage or interfere with data, hardware or software; or
(e) any Content that, in LifeTimes’ sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose LifeTimes or its affiliates or users to any harm or liability of any type.

4.7. You can post Content on the Platform about yourself or another individual. Any Content you post can immediately become part of the Content which is accessible on, and forms part of, the Platform.

4.8. You must not:

(a) post any Unacceptable Content through any social media or public forum in connection with your use of the Platform or Website;
(b) provide false information or misleading information to LifeTimes or to any other person via the Website, the Platform or in respect of your use of the Platform including in any response to a question or request for information on the Website or Platform;
(c) distribute any part of the Platform or Content for commercial purposes or other otherwise sub-licence, reproduce or resell the Platform or Content for commercial purposes; or
(d) attempt to do any of the above or assist or permit any other person to do or attempt to do any of the above.

4.9. You must comply with all directions LifeTimes gives to you regarding your access to or use of the Platform (including directions posted on the Platform).

4.10. You will be responsible for your edits and contributions to the Platform. In addition, you will be responsible for ensuring the use of the Platform by you complies with all applicable rules, regulations and codes of conduct (including LifeTimes’ Policies).

5.Respecting other people

5.1. We respect your rights, and in turn, we expect you to do the same by respecting the rights of others. Members may not post Content that infringes other people’s rights or otherwise violates the law.

5.2. When posting Content about another Member’s Individual Record you understand and agree that this Content will be posted as a suggested change and the other Member may confirm, add, modify or reject this Content without your consent.

5.3. When posting Content about an Individual Record connected to other Members you understand and agree that this Content will be posted as a suggested change and other Members may confirm or reject the suggested change.

5.4. Without limiting any of our rights under these Terms, if we believe you have posted Content or Unacceptable Content that infringes the rights of others, these Terms or the law, we will remove that Content or Unacceptable Content you have posted onto the Website.

6.Third Party Applications

6.1. You acknowledge and agree that:

(a) the Platform may interact with Third Party Applications to be used to provide particular features or functionality;
(b) LifeTimes does not monitor or have any control over, and makes no claim, representation or warranty regarding Third Party Applications and you agree that you use Third Party Applications at your own risk;
(c) the inclusion of any link to or integration with any Third Party Application does not constitute or imply any affiliation with, or sponsorship, endorsement or approval by LifeTimes of the Third Party Application or the provider of the Third Party Application;
(d) you will abide by any obligations imposed upon you by the provider of the Third Party Application; and
(e) access to Third Party Applications is at your risk and LifeTimes will in no way be responsible for any Loss that may result from your use of any Third Party Application, notwithstanding that any such Third Party Application may interface or interact with the Platform.

7.Availability of the Platform

7.1. From time to time the Platform may be unavailable for access or use (including for the undertaking of maintenance and upkeep of the Platform or Website) and LifeTimes will not be held liable for the consequences of the Platform’s unavailability and does not make any representations or provide any warranties regarding the availability of the Platform or the timeframes within which any unavailability in respect of the Platform will be resolved.

7.2. While LifeTimes will take all reasonable steps to ensure the security of the Platform, data transmissions over the internet cannot be guaranteed to be totally secure and LifeTimes does not warrant and cannot ensure the security of any information or the Content posted on or provided through the Platform.

7.3. You acknowledge that LifeTimes does not provide back up or other similar services in respect of the Content.

8.New features

8.1. LifeTimes may from time to time introduce new features and functions to the Platform or modify, suspend, discontinue features, functions and other benefits available to you.

8.2. You acknowledge and agree that LifeTimes retains the sole discretion regarding the features, functions and other benefits of the Platform and nothing in these Terms requires LifeTimes to provide any features, functions and other benefits of the Platform or maintain any features, functions or other benefits in respect of the Platform. You acknowledge and agree that LifeTimes may discontinue or alter any such features, functions or other benefits as LifeTimes sees fit from time to time.

9.Content and Intellectual Property Rights

9.1. LifeTimes owns all of the intellectual property rights in the Platform and Website (including any modification, alteration, development, new use or other change to the Platform or Website) other than any Third Party Application, and you agree not to infringe any intellectual property rights in the Platform or Website.

9.2. If you post any Content to the Platform, you:

(a) grant LifeTimes a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, commercially exploit, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised in connection with the Platform; and
(b) represent and warrant that:
(i) you own and control all of the rights to such Content or you otherwise have the lawful right to post such Content to or through the Platform;
(ii) such Content is accurate and not misleading; and
(iii) posting of such Content does not breach these Terms and will not breach any rights of or cause injury to any person or entity including any obligation of confidentiality or the intellectual property rights of a third party.

9.3. Subject to the Privacy Policy Content posted by you will be considered non-confidential and LifeTimes is under no obligation to treat such Content as proprietary information.

9.4. LifeTimes provides you with the Platform to create or grow a family tree, build connections with other Members and contribute and edit Content posted by you and other Members. LifeTimes encourages its members to grow their family tree and connections in a manner that allows all Members belonging to the same family tree to post Content freely and openly. Consequently, no single person ‘owns’ a family tree and you agree to other Members adding, editing and posting Content to a family tree you belong to in a collaborative manner.

9.5. LifeTimes reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it and LifeTimes is under no obligation to offer you any payment for Content that you post or the opportunity to edit, delete or otherwise modify Content once it has been posted.

9.6. Nothing in these Terms grants you any ownership of or rights to use the trademarks of LifeTimes and you must not adopt, register or attempt to register or use any trademarks which are identical or deceptively similar to the trademarks owned by LifeTimes.

10.Viruses

LifeTimes cannot guarantee that any file or program available for download and/or execution from or via the Platform or Website is free from viruses, malicious code or other conditions which could damage or interfere with data, hardware or software with which it might be used and you assume all risk of use of all programs and files on the Platform and Website, and you release LifeTimes entirely of all responsibility for any consequences of its use.

11.Overseas Access

The Platform may be accessed throughout Australia and overseas and LifeTimes makes no representations that the Content or the Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Platform.

12.Warranties and liability

12.1. Nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of any applicable provisions of the Australian Consumer Law or your rights to make a claim in respect of any Consumer Guarantees or other provision of the Australian Consumer Law or any other similar laws which are applicable in any relevant jurisdiction.

12.2. Subject to clause 12.4, if you are not a Consumer or the Australian Consumer Law or similar laws do not apply then, to the extent permitted by law, LifeTimes excludes all liability for any Loss incurred by you in connection with the Services provided under these Terms. This clause applies even if LifeTimes knew or ought to have known that it was possible or foreseeable that you would incur such Loss.

12.3. Notwithstanding clause 12.2 and to the extent permitted by law, if you are a Consumer and the Services are non PDH Services, LifeTimes’ liability to you is limited at LifeTimes’ option to:

(a) supplying the Services again; or
(b) the payment of the cost of having the Services supplied again.

12.4. Notwithstanding clause 12.2, if you are a Consumer and Services supplied under these Terms are PDH Services, LifeTimes excludes all liability for any Loss incurred by you as a result of these Terms to the extent such Loss is not the result of a breach of a Consumer Guarantee.

12.5. Subject to the rest of this clause 12, the aggregate liability of LifeTimes to you arising out of or in connection with these Terms will in no event exceed an amount equal to the amount of any fees paid by you to LifeTimes for the Services (including any Membership Fee).

13.Indemnity

You indemnify LifeTimes and hold LifeTimes harmless from and against all Losses (including all legal costs, and any other associated fees and costs) for which LifeTimes incurs as a direct or indirect result of:

(a) recovering any amounts you owe to LifeTimes;
(b) any breach of the Terms by you (including any breach of the warranties provided by you);
(c) any claim by a third party in relation to the Content, including in relation to the Content infringing any intellectual property rights;
(d) any damage caused either directly or indirectly by you; and
(e) any negligent or wilful act or omission by you.

14.No representations

You acknowledge and agree that you have not relied on any representations, inducements or statements made to you by LifeTimes regarding the supply of the Services (including access to the Platform) and you have satisfied yourself that the Services are fit for the purpose you require them for.

15.Privacy

15.1. You acknowledge that you have read and understood LifeTimes’ privacy policy (which is available on the Website or on request from LifeTimes) (Privacy Policy) and you agree to LifeTimes collecting, storing, using, disclosing and otherwise handling your Personal Information, for any purpose set out in the Privacy Policy or otherwise in accordance with law.

15.2. You understand that:

(a) you do not have an obligation to provide any Personal Information to LifeTimes, or agree to these Terms, but in the event that you do not, LifeTimes will be unable to register you to use, and provide you with access to, the Platform and provide you with its services; and
(b) you may make enquiries or complaints about our handling of your Personal Information in accordance with the Privacy Policy.

15.3. LifeTimes is an international website. Please be aware that any personal information we collect from you or that you post on the Website may be disclosed to an overseas recipient. You consent to your personal information being hosted by, and disclosed to, persons based in overseas locations, including the United States of America. By providing such consent, you acknowledge and agree APP 8.1 of the Privacy Act does not apply to such disclosure of your personal information and LifeTimes is not required to take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to that information.

15.4. You must not upload any Sensitive Information about another living person who has not given you consent to display his or her Sensitive Information on the Website. You acknowledge and agree by uploading any Sensitive Information about another living person you have the consent of that other living person to upload their Sensitive Information.

15.5. Members Right to deletion

15.5.1 Deletion of Content contributed by a Member to their Individual Record

a) A Member may restrict access to Content that they have contributed to their Individual Record at any time by ensuring the Privacy Setting for that Content is set to ‘Private’.
b) At any time a Member may correct, amend or delete Content they have contributed to their Individual Record
1. (i) Where the Member’s Individual Record is not connected to Content contributed by other Members or LifeTimes, that Content can be corrected, amended or deleted by the Member.
2. (ii) Where the Member’s Individual Record is connected to another Member or to Content contributed by another Member or LifeTimes, that Content can be corrected, amended or deleted by the Member in accordance with clause 3 of the Privacy Policy.
c) A Member may request that LifeTimes correct, amend or delete Content that they have contributed to their Individual Record.
1. (i) Where the Member’s Individual Record is not connected to another Member or to Content contributed by another Member or LifeTimes, that Content will be corrected, amended or deleted.
2. (ii) Where the Member’s Individual Record is connected to Content contributed by other Members or LifeTimes, that Content will be corrected, amended or deleted in accordance with clause 3 of the Privacy Policy.

15.5.2 Deletion of Content contributed by a Member about another person who is a Member

a) A Member may suggest a change to Content about another person who is also a Member, and the other Member may confirm, add, modify or delete this Content in accordance with clause 5.2.

15.5.3 Deletion of Content contributed by a Member about another person who is not a Member

a) Where the Content is not connected to another person’s Individual Record to which another Member or LifeTimes is connected or has contributed,
1. (i) the Member may restrict access to Content that they have contributed about the other person by ensuring the Privacy Setting for that Content is set to ‘Private’.
2. (ii) A Member may correct, amend or delete Content they have contributed about the other person at any time.
3. (iii) A Member may request that LifeTimes correct, amend or delete Content that they have contributed and that Content will be corrected, amended or deleted.
b) Where the Content is connected to another person’s Individual Record to which another Member or LifeTimes is connected or has contributed,
1. (i) the Member may suggest a change to the Privacy Setting for that Content, and other Members to whom the other person’s Individual Record is connected may confirm the change proposed to the Privacy Setting in accordance with clause 5.2.
2. (ii) the Member may suggest that the Content be corrected, amended or deleted, and other Members to whom the other person’s Individual Record is connected may confirm the changes proposed to the Content in accordance with clause 5.2 (other than the information in an Individual Record which is always Public information in accordance with clause 3 of the Privacy Policy).
3. (iii) A Member may request that LifeTimes change the Privacy Setting or correct, amend or delete Content that they have contributed. LifeTimes will suggest a change to the Privacy Setting or to the Content and other Members to whom the other person’s Individual Record is connected may confirm the proposed change to the Privacy Setting or confirm, amend or delete the proposed change to the Content in accordance with clause 5.2 (other than the information in an Individual Record which is always Public information in accordance with clause 3 of the Privacy Policy).

15.6. Non-Members Right to be forgotten

15.6.1 An Individual Record or Content about a non-Member who is part of a family may have been created by a Member or LifeTimes.

15.6.2 Where an Individual Record or Content has been created about a non-Member, the non-Member can elect to join LifeTimes and become a Member. This gives them the ability to restrict access to Content that other Members have contributed to their Individual Record at any time by ensuring their Privacy Setting for that Content is set to ‘Private’.

15.6.3 Where an Individual Record or Content has been created about a non-Member, and the non-Member does not elect to become a Member, they may request that Individual Record Content about them is corrected, amended or deleted by contacting us using the contact details set out in the Privacy Policy below.

a) Where that Content in the non-Member’s Individual Record is not prescribed Content under clauses 4.6, 4.8, 5.4, 9.2(b) or 15.4, a request to correct, amend or delete that Content will be either:
1. (i) suggested as a change by LifeTimes, and other Members to whom the other person’s Individual Record is connected may confirm the changes proposed to the Content in accordance with clause 5.2; or
2. (ii) corrected, amended or deleted in accordance with clause 3 of the Privacy Policy.
b) Where that Content in the non-Member’s Individual Record is prescribed Content under clauses 4.6, 4.8, 5.4, 9.2(b) and 15.4, including Unacceptable Content in accordance with clause 4.6(a) or Sensitive Information in accordance with clause 15.4, that Content will be amended or deleted.

15.7 Minors and vulnerable people

a) We are conscious of the special protection children and vulnerable people need, particularly when dealing with the internet and especially when it comes to matters of privacy.
b) Where a Member or a non-Member seeks to correct, amend or delete an Individual Record of another person and the other person is not a Member but is a minor or a vulnerable person please contact us using the contact details set out in the Privacy Policy below.

15.8. You acknowledge that LifeTimes may, at its discretion, de-identify or destroy any of your Personal Information which LifeTimes holds.

16.Direct marketing

16.1. We may use and disclose your Personal Information in order to inform you of products or services. This may mean that we disclose your Personal Information to our advertising partners or other entities with which we have a commercial relationship so our partners and those other entities may contact you with offers or information about products or services that may be of interest to you. By agreeing to these Terms, you consent to us or our partners sending you electronic communications for the purposes of communicating to you products or services advertised in newsletters, advertisements, promotional or other material.

17.Termination

17.1. LifeTimes may terminate these Terms at any time and without cause by providing you with written notice of termination or by terminating your access to the Platform.

17.2. LifeTimes shall not be liable to you for any Loss (including Consequential Loss) incurred by you as a result of the termination of these Terms.

17.3. Upon the termination of these Terms taking effect LifeTimes may restrict your access to certain parts of the Platform or to the entire Platform and may delete any Content posted by you to the Platform.

17.4. Each party retains any rights, entitlements or remedies it has accrued before termination, including the right to pursue all remedies available to either party at law or in equity.

18.Acknowledgements and representations

18.1. You agree that the Platform and the Content are provided to you on an "as is" basis, and may contain errors, faults and inaccuracies and may not be complete and current or provided on an uninterrupted basis.

18.2. LifeTimes makes no representations, warranties or guarantees of any kind, express or implied, as to the operation or suitability of the Platform or the Content, except as otherwise provided under applicable laws and LifeTimes does not warrant or guarantee that the Platform will be compatible with, or capable of being used on or in connection with, your computer and communications systems.

19.Variation and amendment

19.1. LifeTimes may amend these Terms at any time and all amendments will take effect immediately upon the posting by LifeTimes of the amended Terms on the Website.

19.2. You are responsible for regularly reviewing these Terms and your continued use of the Platform constitutes your agreement to any such amended Terms. If you do not agree to any amended Terms, you must stop using the Platform and Content.

20.Miscellaneous

20.1. In these Terms:

(a) the singular includes the plural and vice versa;
(b) a reference to a document or legislation includes a reference to that document or legislation as varied, amended, novated or replaced from time to time;
(c) headings are inserted for convenience and do not affect the interpretation of these Terms;
(d) no provision will be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms; and
(e) all monetary amounts are in Australian dollars and a reference to payment means payment in Australian dollars.

20.2. Unless otherwise specified in these Terms, in the event of an inconsistency between these Terms and LifeTimes’ Policies, LifeTimes’ Policies shall prevail to the extent of the inconsistency.

20.3. You must not assign or otherwise deal with any of your rights or obligations under these Terms without LifeTimes’ prior written consent. LifeTimes may assign, subcontract or deal with any of its rights or obligations under these Terms (including any right to be paid or chose in action) at any time and without any requirement to notify you.

20.4. A failure to exercise or delay in exercising any right under these Terms does not constitute a waiver and any right may be exercised in the future. Waiver of any of these Terms must be in writing and is only effective to the extent set out in that written waiver.

20.5. If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

20.6. These Terms, any terms provided on the Website when you are asked to provide the Signup Information and the terms of LifeTimes’ Policies constitute the entire agreement between you and LifeTimes in respect of the supply of the Services through the Website and the Platform (including access to and use of the Platform) and supersede all previous communications, representations, understandings or agreements.

20.7. These Terms are governed by the laws in force in the State of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

20.8. The provisions of clauses 1.4, 1.8, 4.3, 4.4, 4.5, 9, 10, 12, 13, 14, 15, 17, 18 and 20 of these Terms survive the expiry or termination of these Terms.

20.9. Each party must:

(a) do all acts necessary or desirable to give full effect to these Terms; and
(b) refrain from doing anything which might prevent full effect being given to these Terms.

21.Dictionary

In these Terms, the words below have the following meanings:

Account means a collection of Content on the Platform that relates to an individual Member.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.

Consequential Loss means loss beyond the normal measure of damages and includes indirect loss, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss opportunities.

Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.

Consumer Guarantee means a guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law.

Content means messages, data, information, text, graphics, code, photographs or other material or content.

LifeTimes' Policies means the Privacy Policy and any other policies or codes of conduct published by LifeTimes on the Website or Platform or which LifeTimes otherwise notifies you of from time to time.

Loss means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss and Consequential Loss.

Member means a person who has given LifeTimes the Signup Information, has created an Account on the Platform and has been authorised by LifeTimes to access the Platform as a Member.

PDH Services means services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not, and includes sensitive information.

Privacy Act means the Privacy Act 1988 (Cth), enacted, and amended from time to time, by the Parliament of Australia.

Privacy Laws means the Privacy Act, including the 13 Australian Privacy Principles (APPs).

Privacy Setting means one of the following privacy levels:

(a) Private;
(b) Close Family and Friends;
(c) Extended Family and Friends; and
(d) Public.

Please refer to the Website and LifeTimes’ Policies for further information on the Privacy Settings.

Sensitive Information means information or an opinion about an individual’s:

(a) racial or ethnic origin; or
(b) political opinions; or
(c) membership of a political association; or
(d) religious beliefs or affiliations; or
(e) philosophical beliefs; or
(f) sexual orientation or practices; or
(g) criminal record, that is also Personal Information; or
(h) health information about an individual; or
(i) genetic information about an individual that is not otherwise health information; or
(j) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
(k) biometric templates.

Services means any services provided by LifeTimes to you including the services, software and applications provided on the Website or through the Platform.

Third Party Application means any Content, product, service, system, application or internet site that is integrated or interfaced with the Platform or otherwise interacts with the Platform and that is owned or operated by a third party.

LifeTimes Privacy Policy

Updated on 4 January 2017

1.Introduction

We are a social network primarily focused on connecting you with family members around the world, linking you with family members throughout the ages, and enabling you to share those moments that have been important in your lifetime. We do this by making connections using the information posted on our website by you and other Members. You are also able to collaborate with other Members of our site, wherever they may live, to research and build your family connections throughout the ages. Your connections are not just limited to close family either. If you want to, you can connect with more distant relations and good friends (who may feel more like family anyway).

The information you share with LifeTimes will include some information that you may want to keep private or available to only certain family member, as well as information that you want to share publicly or that is already publicly available. By managing your Privacy Settings on our website, you can control who has access to the information you post.

In this Privacy Policy, we explain how we will treat the personal information you share with us, as well as the information that we collect from other Members of LifeTimes. We exercise the utmost care in collecting, handling, using, disclosing and managing the personal information you share with us. In doing so, we comply with the Privacy Act 1988 (Cth) and the 13 Australian Privacy Principles (APPs).

We’ve written our Privacy Policy to be as clear as possible so you can know and understand how we will respect your privacy. We also wanted to make clear that you have a direct say as to how your information is shared on our website: your choices count!

2.Registration

The primary purpose of LifeTimes is to enable family members to connect with one another and to collaborate in identifying family members and the connections between family members. There are two ways to become a Member of LifeTimes:

(a) You can create a new Individual Record.
(b) You can be invited to claim ownership of an Individual Record that another Member has created for you.

In both cases, you must provide us with at least your family name, your given name(s) and your email address (Signup Information). As a Member, you will also need to select a password and agree to our Terms and Conditions and this Policy.

3.Privacy Settings

There are four Privacy Settings for information provided to LifeTimes:

(a) Private Information;
(b) Close Family & Friends Information;
(c) Extended Family & Friends Information; and
(d) Public Information.

To help Members connect with each other, some information will always be Public information despite a more restrictive Privacy Setting being applied to that field. In an Individual Record:

the year of birth, where provided, will always be Public information;
certain information about the place of birth, where provided, may be Public information;
the first initial(s) of a Member’s middle name(s) , where provided, will always be Public information; and
your profile picture, where provided, will always be Public information.

Other than the information in an Individual Record which is always Public information, you can choose a Privacy Setting which will apply to other information you post on the LifeTimes website:

(a) Private Information can only be seen by you;
(b) Close Family & Friends Information can be seen by any Members, including friends, you have identified as Close Family & Friends;
(c) Extended Family & Friends Information can be seen by any Members, including friends, you have identified as Extended Family & Friends. Information which can be seen by Extended Family & Friends will also be seen by Members you have identified as Close Family & Friends; and
(d) Public Information can be seen by all other Members of, and visitors to, LifeTimes. Information which can be seen by the Public will also be seen by Members you have identified as Close Family & Friends or Extended Family & Friends.

To help Members connect with their family, LifeTimes automatically includes the following family members in Close Family & Friends: spouse (including de facto), children, parents, siblings, grandparents, grandchildren, uncles and aunts (including by marriage), nephews and nieces, first cousins, parents-in-law, and siblings-in-Law. Members can add or delete people from their Close Family & Friends at any stage.

LifeTimes automatically includes in Extended Family & Friends all relatives up to six degrees of separation from a Member and the spouses of those relatives. Members can add or delete people from their Extended Family & Friends at any stage.

You can choose a different Privacy Setting for each piece of information you post. In giving you flexibility over your Privacy Setting, we make it easy for you to share what you want to with the world but at the same time keep your private information between yourself and your closest relatives and friends. This means that you can make connections with new people with information you are happy to share without having to reveal intimate details of your life on the internet.

If you do not choose a Privacy Setting, the default Privacy Setting is Extended Family & Friends.

4.Profile Information

After joining LifeTimes as a Member, you can share more information about yourself and your family. This enables you to enhance your experience with LifeTimes and grow your connections with family members and other Members.

You will find that by sharing more information about your life journey, your family history and your interests, your LifeTimes connections will develop into a flourishing and multifaceted network that may eventually span the globe. It also enables us to provide you with Insights and enables our Partners to advertise relevant products and services to you.

5.Children on LifeTimes

We are aware that children and teenagers may want to start building their own profiles on the LifeTimes website as soon as possible. In fact, we encourage them to do so. However, we are conscious of the special protection children need, particularly when dealing with the internet and especially when it comes to matters of privacy. For that reason, under LifeTimes’ Terms and Conditions you must be at least 13 years old to be a Member.

All Members, including minors (that is, people who are under 18 years of age) are able to choose a different Privacy Setting for each piece of content they post. We encourage minors to use the Close Family & Friends or Extended Family & Friends Privacy Settings for all content they post on LifeTimes. If a minor does not choose a Privacy Setting, the default Privacy Setting is Extended Family & Friends.

All Members, including minors are able to select which Members are included in their Close Family & Friends and their Extended Family & Friends. We encourage minors to only include people they know well in their Close Family & Friends or Extended Family & Friends settings.

By following these steps any content posted on LifeTimes by a minor (other than the information in an Individual Record which is always Public information) will only be accessible by the minor themselves and Members who are in the minor’s Close Family & Friends or Extended Family & Friends.

6.Deceased people

Although information about people who have died is not considered personal information under the Privacy Act, there are some considerations of confidentiality that could apply.

When a member dies, the Privacy Setting for information about them or that they have posted is changed to the next level. That is:

(a) Private Information will become Close Family & Friends Information;
(b) Close Family & Friends Information will become Extended Family & Friends Information;
(c) Extended Family & Friends Information will become Public Information; and
(d) Public Information will remain Public Information.

The Privacy Setting for all information on people who have been dead for 30 years is Public Information.

7.Privacy matters!

It is very important that you read this Policy and our Terms and Conditions before joining LifeTimes and providing your personal information to us. If you have any concerns about providing information to us or having your information displayed on the LifeTimes website or otherwise used in any manner permitted in this Policy and the Terms and Conditions, you should not become a Member of LifeTimes, visit the LifeTimes website or use any of LifeTimes’ other services.

Privacy is a big deal with us. If you are ever concerned about your privacy on LifeTimes or have any queries about how we deal with certain privacy issues, please contact us using the contact details set out in this Policy below.

8.What information do we collect?

LifeTimes collects the personal information of our Members. Personal information is information or an opinion about an identified, or reasonably identifiable, individual.

Generally, you can share, and we can collect, the following kinds of personal information:

(a) contact and identification information such as your name, certain birth details, your address and your email address;
(b) certain information, including photos and documents, about your personal history and experiences, such as the places you have lived, studied, worked or travelled; details of your education; details of special interests including memberships or associations you have or may have had in the past; and
(c) information relating to your use of the LifeTimes website.

Should you become a Member of LifeTimes, you may decide to share certain information on our website that is classified as Sensitive Information under the Privacy Act and the APPs. Sensitive Information is a subset of personal information that relates to certain things, such as:

(i) health information (that is, information about certain health conditions);
(ii) racial or ethnic origins;
(iii) political opinions;
(iv) political, union or trade memberships or associations;
(v) religious beliefs; and
(vi) sexual preferences.

Under LifeTimes’ Terms and Conditions you must not post Sensitive Information about another Member without their consent. If you choose to share this type of information with us we may collect it for the purposes of enhancing our Members’ experiences of LifeTimes.

9.How do we collect your information?

In most cases, we will collect your personal information directly from you. For example, we will collect your information when you agree to become a Member of LifeTimes and provide us with your Signup Information, or when you share certain information on our website after you have become a Member.

We may also collect personal information about you that has been posted on the LifeTimes website by other Members, whether or not it has been claimed by you (and therefore added to your profile).

The LifeTimes website permits Members to import family trees from a GEDCOM file. We may also collect personal information about you that has been included in a GEDCOM file that has been uploaded to the LifeTimes website by another Member.

We collect this information to help you build your LifeTimes connections and get the most out of our services. Under LifeTimes’ Terms and Conditions another Member must not post Sensitive Information about you without your consent. Please contact us if you are concerned about any Sensitive Information that is posted about you by other Members.

10.Why do we collect your information?

We collect your personal information to help you get the most out of the LifeTimes website and our related services. We collect your personal information for the purposes of:

(a) helping you to build a personal profile on the LifeTimes website by cataloguing your life history and experiences;
(b) facilitating connections between you and other people who have joined the LifeTimes website;
(c) enabling our Members to create profiles about other family members;
(d) undertaking marketing activities, including providing you with Insights and other information about our services and the products and services of our Partners or specifically selected third parties that we think may be of interest to you; and
(e) complying with our obligations under this Policy, the Privacy Act and the APPs and any other applicable laws.

We may also use your personal information for purposes related (or, in the case of Sensitive Information, directly related) to the purposes listed above and for which you would reasonably expect us to do so in the circumstances. We may also use the information if you have consented to a particular use or the use is otherwise in accordance with law. We always try to make sure that any of your personal information that we may use or disclose is relevant to the purposes for which we are using or disclosing it.

Of course, you are under no obligation to provide your personal information to us. However, as you would know by now, you cannot join the LifeTimes website or access our services unless you have provided us with at least your Signup Information. Generally speaking, the more information you share with us and with our Members, the more value you will get out of LifeTimes and our services.

11.When do we disclose your information?

In most cases, the information we collect about you will not be disclosed by us. When you share personal information on the LifeTimes website, you will be disclosing that information to the people who have access to and can view your LifeTimes profile. Depending on your Privacy Setting, those people could be just you (and us), other Members who are within your Close Family & Friends, other Members who are within your Extended Family & Friends, or all other Members of, and visitors to, the LifeTimes website.

However, sometimes we may disclose your personal information as well. We will generally only disclose your personal information for the purposes for which we have collected it in the first place. Those purposes are set out above under the heading ‘Why do we collect your information’. Accordingly, we will usually only disclose your personal information to:

(a) third parties engaged by us to perform administrative or other business management functions with respect to LifeTimes;
(b) our advertising Partners; and
(c) our professional advisers, contractors, consultants and related bodies corporate.

We may also disclose your personal information for other purposes with your consent or for any purposes if the disclosure is required or authorised by law.

12.Overseas disclosures

LifeTimes is an international website. Our goal is to help people build family networks around the world. Please be aware that personal information you share on our website may be disclosed to people overseas.

As set out in our website Terms and Conditions, it may be necessary for LifeTimes to disclose your personal information to overseas persons in order to provide our services (for example, for administrative or other business management purposes). LifeTimes engages the services of hosting providers to host the LifeTimes website. We ask our Members to consent to the hosting and disclosure of their personal information to persons based in overseas locations, including the United States of America.

13.Direct marketing

We may use and disclose your personal information in order to inform you of products or services that we think may interest you. This may mean that we disclose your personal information to our advertising Partners or other entities with which we have a commercial relationship so our Partners and those other entities may contact you with offers or information about their products or services.

If you do not want to be contacted by us, our Partner or any other entities for the purposes noted above, you can opt-out by contacting us on the contact details set out below. You can also opt-out by following the instructions contained in a particular marketing, advertising or promotional communication sent to you.

14.Security of your information

The security of your personal information is very important to us. The information you share on our website is the thing that makes LifeTimes so special and we are committed to keeping it safe.

We will take steps reasonable in the circumstances to ensure that the personal information we hold is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. We may hold personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.

Personal information and data collected from you is encrypted both in transit and when stored.

We will destroy or de-identify personal information in circumstances where it is no longer required for the purposes set out under the heading ‘Why do we collect your information’ above, unless we are otherwise required or authorised by law to retain the information.

15.Accessing and correcting your information

The personal information you share on our website or otherwise disclose will be used by you (and LifeTimes) to build your profile and family network on the LifeTimes website. We will also add information about you posted on our website by other people to your profile where you have agreed to this being added to your profile.

Under the Privacy Act, you have a right to seek access to and correction of your personal information on LifeTimes. As a Member, most of the information we hold about you will be included in your profile on our website. You will have access to that information at any time and will be able to correct any errors or inaccuracies within it whenever you want (and we encourage you to do so). We encourage our Members to regularly review and update their personal information so it is kept up to date.

If we hold certain personal information about you that you cannot access and correct on the LifeTimes website yourself and that you would like access to in order to correct it (for example, if you are not a Member), or you would like more information about our approach to privacy, please contact us on the details set out below. We will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.

To obtain access to your personal information (other than the information that is readily available to and correctable by you as a Member):

(a) you will have to provide proof of identity (to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected);
(b) we request that you be reasonably specific about the information you require; and
(c) we may charge you a reasonable administration fee, which reflects and will not exceed the cost to us for providing access in accordance with your request.

If you make a request to access or correct your personal information, we will endeavour to respond to you within 30 days from your request. If we refuse your request, we will provide you with written reasons for the refusal and details of complaint mechanisms. We will also take steps reasonable in the circumstance to provide you with access in a manner that meets your needs as well as ours.

If you are dissatisfied with our refusal to grant access to, or correct, your personal information, you may make a complaint to the Office of the Australian Information Commissioner.

16.How to get in contact with us

If you need to contact us for any of the reasons outlined in this Policy (including if you want to opt-out of any direct marketing communications or access or correct your personal information) you can contact us at Privacy@LifeTimes.co.

17.Privacy complaints

We understand your privacy is important to you and, despite our best efforts, you may feel like we have not shown it the proper respect. If this is the case and you would like to make a complaint, please contact us on the contact details listed above. At all times, privacy complaints:

(a) will be treated seriously;
(b) will be dealt with promptly;
(c) will be dealt with confidentially; and
(d) will not affect your existing obligations or affect the relationship between you and us.

We will commence an investigation into your complaint. We will let you know the outcome of your complaint once the investigation has been completed. If you are dissatisfied with the outcome of your complaint, or we require an extension of time in which to resolve it, you may refer the complaint to the Office of the Australian Information Commissioner.

18.Changes to this Privacy Policy

We may review our policies to make sure we are complying with your legal rights. With that in mind, we may make changes to this Policy from time to time. We will ensure that the most up-to-date version of our Policy is available on the LifeTimes website.

LifeTimes Privacy FAQs

Q: I’m concerned about who will be able to access the information I share on LifeTimes. How can I protect my information?

A: LifeTimes is committed to protecting your privacy. We have developed a number of Privacy Settings designed to help you manage the accessibility of the information you share with us.

The table below contains some useful information about the different types of Privacy Settings we offer our Members.

Privacy Setting	Accessible by...	Details
Private	You	Information posted under the Private Setting will only be available to you and LifeTimes. No one else will be able to see, add to or delete information posted under this setting.
Close Family & Friends	Members you have designated as Close Family & Friends and You	Information posted under the Close Family and Friends setting can be seen by any Members you have designated as Close Family & Friends, in addition to you and LifeTimes.
Extended Family & Friends	Members you have designated as Extended Family & Friends Members you have designated as Close Family & Friends and You	Information posted under the Extended Family & Friends setting can be seen by Members who you have designated as Extended Family & Friends and Close Family and Friends, in addition to you and LifeTimes.
Public	All Members of and Visitors to LifeTimes	Public information will be available to anyone who agrees to the LifeTimes Terms and Conditions, whether as a Member or a Visitor.

To help Members connect with each other, some information will always be Public information despite a more restrictive Privacy Setting being applied to that field. In an Individual Record:

the year of birth, where provided, will always be Public information;
certain information about the place of birth, where provided, may be Public information;
the first initial(s) of a Member’s middle name(s) , where provided, will always be Public information; and
your profile picture, where provided, will always be Public information.

Q: What can Privacy Settings be applied to?

A: You can choose a different Privacy Setting for each piece of content added to LifeTimes. Content which can be added to LifeTimes includes: a person, an event, a discussion, and a comment. The Privacy Setting you choose for the content will also apply to any photos, documents or notes attached to the content.

Q: Who can modify the Privacy Settings?

A: A Member who initially creates or imports an item of content will establish the privacy setting for that information. Until such time as a person's record is claimed, or amended by another Member, the initial Member can modify the privacy setting on the information they have created or imported.

Q: I want to keep some of the information I post on LifeTimes private but I also want to share some information to give myself the best chance of connecting with other people. Can I do this?

A: Yes. LifeTimes Privacy Settings are flexible. You can post some of your information under the Private or Close Family & Friends settings and also post other information as Public information. This means that you don’t have to take an all-or-nothing approach to your privacy on LifeTimes. We know it’s important that you have as much control over your privacy as possible. That’s why we have made our Privacy Settings flexible in this way.

However, please remember that your family name and your first name will always be Public information. In addition, to help members connect, Public information will also include, where provided by a Member: your year of birth; your region of birth, which may be either or both of the state or country of birth; and the first initial(s) of your middle name(s).

Q: Is there some information that is not kept private?

A: To help Members connect, some information will always be Public information despite a more restrictive Privacy Setting being applied to that field. In an Individual Record:

the year of birth, where provided, will always be Public information;
certain information about the place of birth, where provided, may be Public information;
the first initial(s) of a Member’s middle name(s) , where provided, will always be Public information; and
your profile picture, where provided, will always be Public information.

Q: My children want to start using LifeTimes but I’m worried about their privacy. Are there special rules for children?

A: Yes. We understand that children may want to use the LifeTimes website and encourage them to do so—after all, they’re just as much a part of the family as their folks! However, it is important that all our Members understand the consequences of their actions on LifeTimes. This is particularly relevant to children, who may not have the life experience to know the significance of sharing information on the internet.

As a result under LifeTimes’ Terms and Conditions you must be at least 13 years old to be a Member.

By following these steps any content posted on LifeTimes by a minor (other than the Signup Information) will only be accessible by the minor themselves and Members who are in the minor’s Close Family & Friends or Extended Family & Friends.

In addition, if a Member, including a minor, changes the default Privacy Setting, they will receive a notification that changing the setting from Close Family & Friends or Extended Family & Friends will mean that information is available to other people.

Q: What Privacy Settings apply to people who have recently died?

A: Although information about people who have died is not considered Personal Information under the Privacy Act, there are some considerations of confidentiality that could apply.

When a member dies, the Privacy Setting for information about them or that they have posted is changed to the next level. That is:

(a) Private Information will become Close Family & Friends Information;
(b) Close Family & Friends Information will become Extended Family & Friends Information;
(c) Extended Family & Friends Information will become Public Information; and
(d) Public Information will remain Public Information.

Q: What Privacy Settings apply to other people who are dead?

A: The Privacy Setting for all information on people who have been dead for 30 years is Public Information.

Q: How do I change the privacy of a person whose record I did not create or import?

A: If a second Member wants to modify the Privacy Setting nominated by the Member who originally created or imported the information, then it is treated as a Proposed Change. Other Members would have an opportunity to vote to support the Proposed Change in the Privacy Setting before the Proposed Change takes effect.

Q: Another family member has provided information about me on LifeTimes. Can I have this removed?

A: If you join LifeTimes you will be able to change the information posted about you or adjust the Privacy Settings for that information, with the exception of your Signup Information (family name, given name and email). You can create an Individual Record relating to you, or a Member of LifeTimes may invite you to claim ownership of an existing Individual Record relating to you. You cannot control information about you if you are not a Member.

You may also contact us with a request to delete certain information relating to you on our website if you decide not to become a Member. We may require additional information from you confirming your identity in order to deal with your request promptly. Please refer to our Privacy Policy on our website for details as to how you can do this.

Q: Another family member has provided information about me on LifeTimes which is incorrect. How can I correct this?

A: Only Members of LifeTimes can contribute information or rate the accuracy of information that other Members have provided. In order to access and correct information about you on the LifeTimes website, you will usually have to become a Member yourself. By joining our network of families, you will be able to control the information we share about you using the Privacy Settings. As a Member, you will also be able to correct information posted about you that is misleading or simply wrong.

In some cases, you may also contact us with a request to correct certain information we hold relating to you. Please refer to our Privacy Policy on our website for details as to how you can do this.