Orchard remuneration survey terms of participation

These terms of participation apply to participation in the Orchard remuneration survey operated by The Orchard Talent Group Pty Ltd, including its Orchard Advisory practice.

By registering for an account or submitting information through the survey portal, you agree to these terms on behalf of yourself and, where you are participating in your professional capacity, the organisation you represent.

1. Eligibility and authority

The survey is available only to organisations invited by Orchard and authorised representatives of those organisations.

By participating, you confirm that:

• (a) you are authorised to participate on behalf of the organisation identified during registration
• (b) you are authorised to provide the organisation and remuneration information submitted through the portal
• (c) the information is being provided for the purposes of participation in Orchard's remuneration benchmarking survey
• (d) where information relates to another person, your organisation has the authority to provide that information to Orchard for the purposes described in these terms and the privacy statement.

2. Information about employees and office holders

Some information submitted to the survey may relate to an identifiable employee, executive or office holder even where their name is not supplied.

By submitting that information, the participating organisation confirms that it has taken any steps required of it in connection with the collection and disclosure of that information to Orchard, including providing any notice required to the relevant individual.

3. Accuracy of information

Participants must take reasonable care to ensure that information submitted through the survey is accurate, current and complete.

If you become aware of a material error in a submission, you should correct the information through the portal where available or notify Orchard.

Orchard may contact you to clarify information that appears incomplete, inconsistent or anomalous.

4. Orchard review of submissions

Submission of information does not mean that the information will automatically be included in the benchmarking dataset.

Orchard may:

• review submissions
• correct apparent errors
• standardise job titles or classifications
• categorise roles
• identify anomalous information
• contact the participant for clarification
• exclude information that Orchard considers unsuitable for benchmarking.

The administration process expressly involves Orchard consultants reviewing and categorising information before it is committed to the dataset.

5. Use of contributed information

The participating organisation authorises Orchard to use information submitted through the survey for:

• remuneration benchmarking
• analysis of sector and organisational remuneration practices
• development of benchmarking datasets
• production and sale of remuneration reports
• gender remuneration analysis where relevant information has been supplied
• historical and longitudinal benchmarking
• related Orchard advisory analysis.

This authorisation continues in relation to information incorporated into the benchmarking dataset after the survey round has closed.

6. Treatment of organisation identity

When Orchard commits information into the benchmarking dataset, the organisation name is removed from the committed record and replaced by an internal Orchard identifier.

This process should not be interpreted as a representation that information has been permanently or irreversibly anonymised.

Orchard may retain information necessary to associate an internal identifier with the contributing organisation for governance, data quality, audit and benchmarking purposes.

7. Confidentiality and publication

Orchard will not intentionally identify a participating organisation or individual employee in a generally distributed benchmarking report unless:

• (a) the organisation has agreed to that identification
• (b) the information is already lawfully public and Orchard determines that its use is appropriate
• (c) Orchard is required to disclose the information by law.

Benchmark information may be aggregated, grouped, suppressed or otherwise presented in a manner intended to reduce the risk that individual organisations or individuals can be identified.

Participants must not attempt to use Orchard reports, datasets or benchmark information to identify the remuneration of another participating organisation or individual.

8. Survey reports and participant pricing

Participation may entitle the participating organisation to purchase the relevant remuneration report at a participant rate.

Participation does not oblige the organisation to purchase the report.

Any purchase of a report or additional Orchard advisory service may be subject to separate pricing, engagement terms or conditions notified at the time of purchase.

The underlying survey model contemplates participating organisations receiving access to the resulting report at a participant rate.

To qualify for the participant rate, a participating organisation must submit remuneration information for at least five leadership roles in the relevant survey round. Leadership roles are not limited to executive positions, and a smaller organisation may include senior managers. Orchard determines whether a submission meets this requirement.

9. Intellectual property

Orchard retains ownership of:

• the survey methodology
• survey questions and classifications
• the benchmarking database compiled by Orchard
• Orchard's internal role mappings and classifications
• analysis generated by Orchard
• benchmarking reports and associated intellectual property.

The participating organisation retains ownership of information it submits to Orchard.

By submitting information, the organisation grants Orchard a continuing, non-exclusive right to use, reproduce, transform, classify, aggregate and analyse that information for the purposes described in these terms.

Nothing in these terms transfers ownership of the participant's underlying records to Orchard.

10. Use of reports

Unless otherwise agreed in writing, reports supplied to a participating organisation are for that organisation's internal business, governance and remuneration purposes.

A participant must not:

• reproduce or distribute a report commercially
• sell, license or make a report available to third parties
• extract substantial portions of Orchard's benchmarking data to create a competing database or benchmarking product
• represent Orchard's analysis as having been prepared specifically for a purpose for which it was not prepared.

Participants may provide extracts to their board, remuneration committee, professional advisers or other persons who reasonably require the information for the organisation's internal purposes.

11. Benchmarking limitations

Remuneration benchmarking is an analytical tool and should not be treated as a recommendation that any particular individual should receive a particular level or structure of remuneration.

Benchmark results may be affected by matters including:

• the number and composition of organisations participating
• differences between roles with similar titles
• organisational size and complexity
• sector
• geography
• employment arrangements
• incentive structures
• the timing of remuneration data supplied.

Participants remain responsible for their own remuneration, governance, employment and commercial decisions.

12. Account security

Participants must:

• use only their own authorised account
• keep access to their registered email account and mobile device secure
• not permit an unauthorised person to use their survey account
• promptly notify Orchard if they suspect unauthorised access.

Orchard may suspend access where it reasonably suspects misuse, unauthorised access or a security risk.

13. Privacy

Orchard handles information submitted through the survey in accordance with the Orchard remuneration survey privacy statement.

By registering, you acknowledge that you have read that statement.

14. Withdrawal from a survey round

A participant may contact Orchard before the relevant survey round closes and request that an incomplete submission be withdrawn.

Where information has already been reviewed and incorporated into Orchard's benchmarking dataset, Orchard may retain the committed benchmarking record in accordance with its data retention practices and these terms.

15. Liability

To the maximum extent permitted by law, Orchard is not liable for a decision made by a participant or any other person in reliance on a benchmarking report or other survey output.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.

16. Changes to the survey or these terms

Orchard may change the operation, methodology or content of future survey rounds.

If Orchard makes a material change to these terms during an active survey round that materially affects the way submitted information will be used, Orchard will notify affected participants.

17. Governing law

These terms are governed by the laws of New South Wales.

Each party submits to the jurisdiction of the courts of that State and courts competent to hear appeals from them.

18. Contact

Questions about these terms or participation in the survey can be directed to:

The Orchard Talent Group Pty Ltd, Orchard Advisory

Email: advisory@orchardtalent.com.au

Telephone: 02 9157 6222