Privacy Policy

1. Introduction

https://www.arabickey.com.au and its subdomains (“the Website”) is maintained and operated by ArabicKey (ABN 41 143 560 488) at Meadow Heights, Victoria, 3048, Australia (“we”, “us”, “our”), including its directors, employees, servants and agents) and is an e-commerce Website which sells electronic marketing tools and related software codes, that can be embedded to internet advertising or e-marketing campaigns for analytic purposes, as further described below (“Tool(s)”).

By accessing this Website to use any Tool(s) or other products, services, facilities, features, applications or Content provided by us (“the Services”), you, the end user (“User”, “you” or “your”) agree to be legally bound by the following terms and conditions in respect of the Website and Services (collectively “Terms and Conditions” or “Agreement”) and the Privacy Policy. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.

2. Definitions
    (a) “Content” means any visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are viewing from the Website, together with any accompanying material.
    (b) “E-Marketing Campaign” means your internet advertising campaign or electronic direct mail campaign for which a selected Tool is to be used.
    (c) “Embed Code” means the code which may be provided by us for you to access a Tool for an E-Marketing Campaign.
    (d) “Intellectual Property” means all existing and future rights in patents, designs, copyright, know-how, moral rights, trade secrets, confidential information, trademarks, service marks, trade names, goodwill and other rights arising from the provision of the License and performance of the Services.
    (e) “License” means the license granted to you to access the Website to use the Services and Tool(s).
    (f) “Password” means your password to activate and access your User Account.
    (g) “Server” means the third party server which is hosting the Tool(s) and which is facilitating the provision of the Embed Code for the E-Marketing Campaign;
    (h) “Term” means the term of the License;
    (i) “Tool(s)” means the tool(s), products and services for an E-Marketing Campaign offered on the Website now or in the future, comprising of tracking pixels or a tracking link via Email Tracker and/or Ad Tracker tools, which allow the sender to gather analytics about how and where your E-Marketing Campaign is read by recipients.
    (j) “User Account” means the account you create when registering on the Website to purchase access to any of the Services;
3. Access to the Website

In accessing and using the Website, you agree and acknowledge that:
    (a) your access and use of this Website is at your own risk and you are responsible for compliance with the laws of your jurisdiction if applicable, and these Terms and Conditions;
    (b) we do not guarantee that this Website, Server, Tool(s) or the Content on it will be free from viruses or that access to this website will be uninterrupted and we are not responsible for the content of external internet sites.
    (c) you must immediately notify us if you become aware of any unauthorised use of the Website;
    (d) you must, in order to make proper use of the Website, have a basic knowledge of how the Internet functions, netiquette and what types of uses are, and are not acceptable;
    (e) we reserve the right to permanently ban, and/or notify the appropriate authorities of, any person that uses, or attempts to use, our Website for illegal or improper purposes, or who posts or publishes, or attempts to post or publish, abusive, obscene, vulgar, offensive, defamatory, hateful, threatening or sexually-oriented material.
    (f) we may amend or modify these Terms and Conditions from time to time for any reason, without notice, including but not limited to, the right to suspend or terminate with or without notice, with no liability to you or any third party, by posting the amended terms on the Website and you agree that we may properly and effectively serve you with notice in this way. All future agreements will be bound by the terms in force at that point in time and therefore you are advised to review these Terms and Conditions on a regular basis.
4. Prohibited Uses of the Website

Without limiting any other obligations, in accessing the Website, you warrant that you will not:
    (a) use the Website to send spam, commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth)(“Spam Act”);
    (b) allow any unauthorised third party to use or access the Services or share, re-sell or attempt to share or re-sell the Services to any third party, unless otherwise approved in writing by us;
    (c) use the Website for any unlawful purpose, or for the publication, linking to, issue or display of any unlawful material (including but not limited to any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights of any third party or which is or encourages a criminal act or contains any virus, worm, Trojan horse or other harmful code or which may harm us or any of its clients or bring us into disrepute) whether under Australian law or regulation, the laws or regulations of any other place where the results of such purpose or such material can be accessed;
    (d) provide any technical or other information obtained from us and/or relating to the Tool(s) and/or Services to any person, company, firm or government;
    (e) reverse engineer, de-code or in any way disassemble the Website or any part of thereof;
    (f) data mine or conduct automated searches on the site or the content on the Website, whether through the use of additional software or otherwise;
    (g) create links from the Website to any other website, frame or mirror the Website without our prior written consent;
    (h) tamper with, hinder the operation of, or make unauthorised modifications to the Website;
    (i) violate the security or any security measures of this Website;
    (j) access any data on or from this Website which is not intended for you;
    (k) probe, scan or test the vulnerability of this Website or any of our systems or networks used to facilitate this Website;
    (l) interfere with service to any other user of this Website or use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website; and/or
    (m) use the Website for any purpose not contemplated by these Terms and Conditions.
5. Accessing the Services

In order to access the Services, you must set up a User Account in accordance with clause 8 below and in respect of your access and use of the Services, you:
    (a) warrant that you have the authority to accept these Terms and Conditions if acquiring the Services on behalf of a legal entity;
    (b) must provide all information reasonably required by us to grant the License and provide the Services;
    (c) must comply with the Privacy Act in the handling of all personal information (including making the necessary disclosures to, and obtaining the relevant consents from, your customers in relation to the handling of the E-Marketing Campaign campaign);
    (d) must ensure that all E-Marketing Campaign and other material operated by you and communicated via, or hosted on the Server is free of viruses and other harmful code; and
    (e) must keep backups of all E-Marketing Campaign materials provided by you (if any) to us.
    (f) acknowledge and agree that we have no obligation to manipulate any of the E-Marketing Campaign or related materials, or validate or vet the E-Marketing Campaign for usability, legality, content or correctness; and
    (g) must ensure that all information, content, videos, photos and other materials provided by you to us is accurate, complete and up to date at all times and to allow us to use the materials to provide the Services, you hereby grant us a perpetual, irrevocable and royalty-free licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, now known or later developed for the full term of any rights that may exist in such content. You also authorise us to share relevant information to your third party developer for the purpose of providing the Services to you, subject to your prior written consent.
6. License to access the Website

Subject to complying with the Terms and Conditions, we grant you a non-exclusive, non-transferable, revocable License to use and access the Website to browse the Services and Tool(s) and get an indication of the pricing under our various credit plans. For the avoidance of doubt, you may only access and print the Content on this Website for your own non-commercial use unless you have prior written approval from us. All other copying of content on any part of this Website is prohibited except to the extent permitted by law.

7. Accessing the Services and Tools

In order to access the Tools as part of the Services, via the Website, you must set up a User Account in accordance with clause 8 below.

8. Set Up of User Account

When creating a User Account, go to the “Login/ Sign Up” page and provide the following details:
    (a) Full name;
    (b) Company Name;
    (c) ABN;
    (d) Registered Address;
    (e) Billing Address;
    (f) Credit Card or PayPal account details; and
    (g) Password for the User Account.
We will use the User Account details for the purpose of providing the Services, including, but not limited to tracking orders for Tool(s) and tracking credits purchase history.

If your User Account is inactive for a period of 3 months or more, we have the right to delete any materials, information from the Server, on the understanding that we will first send you a notification to re-activate your User Account. Once re-activated, this will re-set the 3 month countdown to the next notification to delete your materials/ information from the Server and we accept no liability for any deletions.

By completing your User Account details and signifying your acceptance of these Terms and Conditions, you accept this Agreement either for yourself or on behalf of your employer or the entity that is identified as the member account holder, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these Terms and Conditions, do not accept the Agreement and do not use the Tool(s).

9. Process for accessing a Tool

The process for accessing a Tool, is as follows:
    (a) you must select your preferred type of Tool and login in to your User Account in order to complete the payment process;
    (b) before purchasing your Tool, you must provide the required information for the E-Marketing Campaign and also provide the desired configuration of the Tool for your E-Marketing Campaign;
    (c) you are then provided with an Embed Code and/or one or more tracking links for each Tool, which you can copy & paste to download into your E-Marketing Campaign. We will also email these details to you (or your nominated third party developer);
    (d) at any time, Users can go to the Account Page to view and edit your Account Settings (including changing plans, making a one-off or automated top-up of credits for the month, or cancelling your plan at the end of the current billing period), and also view your Campaign History;
    (e) we will email Users once 75% of your opens/ clicks estimate for a selected Tool is exceeded, so Users may immediately boost your opens/ clicks; and
    (f) once 100% of the opens/ clicks for a Tool has been used, you may still access your analytics for those opens/ clicks which have been purchased and boost opens/ clicks tracked for that E-Marketing Campaign to unlock updated analytics.
10. Pricing

We shall charge you, and you agree to pay, all applicable fees for the Services.

You are responsible for reviewing the relevant pricing plans set out when you Checkout your cart to pay.

We may, but are not obligated to, contact you to warn you that you have exceeded the included features (ie. opens/ clicks) or other limits of the selected pricing plans for the Tool(s).

Options for Purchasing Access to the Tools
There are two (2) main options for purchasing access to the Tools, as follows:
    1. (a) 
“Casual User”:
    1.  making a one-off purchase of a bulk number of credits that can be used with no ongoing commitment; or
    1. (b) 
“Saver Plans”:
     Users can subscribe to various types of monthly or annual plans which provide them with a certain number of credits per month.
    For the avoidance of doubt, we may vary the prices for opens/ clicks from time to time, without notice.
Process for Purchasing Tools
In order to purchase a Tool for your E-Marketing Campaign, Users must:
    (a) start the purchase process by selecting the desired Tool at the “Get Started” page on the Website; and
    (b) choose and customise the Tool(s) you want, including the maximum number of opens/ clicks which you desire to be tracked.
Payment for credits/ opens/ clicks
We accept payment for credits and opens/ clicks, by either credit card or PayPal. Payment will only be deemed to be received by us upon receipt of cleared funds. Payment must be made in full without any abatement, set off or deduction. No access to Tool(s) or Services will be provided unless and until payment has cleared. You acknowledge and agree that:
    (a) credits and opens/ clicks are not transferable or refundable for cash or any other type of payment;
    (b) credits and opens/ clicks are not assignable to any third party; and
    (c) the minimum amount of credits which can be purchased at one time is 5,000 credits.
    (d) if you do not have sufficient credits for your E-Marketing Campaign, you can top up opens/ clicks or you may also tick and select “Auto Top Up” option, so that you don’t run out of opens/ clicks; and
    (e) all unused credits will expire on the earlier of expiry or termination of the License.
No Refunds
Except as otherwise provided in this Agreement or required by law, we will not provide refunds or credits for partial or unused periods of Service or mid-term downgrades.

11. GST

GST law and other terms used in this clause (except Recipient) have the meanings ascribed to those terms by the A New Tax System (Goods and Services Tax) Act 1999 (as amended from time to time) or any replacement or other relevant legislation and regulations, except that GST law also includes any applicable rulings. If GST becomes payable by a party to this Agreement (“Supplier“) in relation to any supply that it makes under or in connection with this Agreement, the parties agree that:
    1. (a) unless clearly stated in this Agreement to the contrary, any consideration (including the value of any non-monetary consideration) provided for that supply (“
Agreed Amount
    “) is exclusive of GST;
    1. (b) an additional amount will be payable by the party providing consideration for that supply (“
Recipient
    “) equal to the amount of GST payable by the Supplier in relation to that supply;
    (c) the additional amount is payable at the same time as any part of the Agreed Amount is to be first provided for that supply.
    To the extent, if any, that any consideration for a supply is specified in this Agreement to be inclusive of GST, that consideration will be excluded from the Agreed Amount for the purposes of this clause.
12. License to access the Tool(s) for your E-Marketing Campaign

In consideration of your full and timely payment for the Tools and compliance with these Terms and Conditions, we grant you a non-exclusive, non-transferable, revocable, worldwide License for the Term of this Agreement, to use the Tool(s) for your applicable E-Marketing Campaign. In granting the License, we will use best commercial efforts to:
    (a) provide access to the Tool(s) in accordance with clause 11 above;
    (b) maintain the Tool(s) so that it is in working order;
    (c) repair the Tool(s) as and when required; and
    (d) host the Tool(s) on the Server.
    You acknowledge and agree that:
    (a) the purchase of credits is payment for setting up access to the selected Tool(s) for the Term; and
    (b) the License does not confer any rights (proprietary or otherwise) to you in relation to the Tool(s).
13. Warranties

Each party warrants that:
    (a) it is able to enter into and fulfil its obligations pursuant to this Agreement;
    (b) it is not under any obligation or restriction that would interfere with or restrict the performance of its obligations under this Agreement;
    (c) the entry into this Agreement or the performance of this Agreement will not put it in breach of any obligation to any third party as at the date of execution of this Agreement; and
    (d) all representations, warranties and undertakings are true and correct to the best of its knowledge.
14. Indemnity

You indemnify and keep indemnified us, our subsidiaries, affiliates, officers, partners, employees and agents and other related bodies corporate against any action, loss, liability, damage, claim, penalty, cost or expense (including but not limited to legal fees) suffered directly or indirectly by us, arising from:
    1. (a) any breach by you of any of your warranties or obligations under this Agreement; or
    1. (b) to any violation of this Agreement by you or users of your User Account, or in connection with the use of the Website, Tool(s), Services or the internet or the placement or transmission of any message, information, software or other materials on the Website or on the internet by you or users of your account; or
    (c) any claims made against us in relation to your use of the Website, Tool(s) or Services.
15. Limitation of Liability

You acknowledge and agree that:
    (a) our liability under this Agreement is limited to granting the License, providing access to the Website, Tool(s) and providing the Services in accordance with this Agreement.
    (b) in no event shall we or our suppliers or affiliates be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the Website, Tool(s) or Services.
    (c) we take no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Website.
    (d) we do not guarantee continuous, uninterrupted or secure access to the Website, and the Website may be interfered with factors outside our control.
    (e) we make no representations about the suitability of any of the information contained in the documents and related graphics on the Website for any purpose. All such documents and related graphics are provided without warranty of any kind.
    (f) all warranties (including, without limitation, warranties and conditions as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded to the extent permitted by law. Without limiting the foregoing, to the extent possible by law, we specifically exclude any warranty as to the accuracy or quality of information received by any person via any computer server operated or maintained by us in connection with the services, and we shall not be liable for any loss or damage to any data stored on any such server.
    (g) if we breach any condition or warranty implied by law which cannot lawfully be excluded under Australian Consumer Law or the Competition and Consumer Act (2010)(Cth), to the extent permitted by law our liability is limited, at its option, to (a) in the case of services, the resupply of, or payment of the cost of resupplying, the service; and (b) in the case of goods (i) the replacement of the goods or the supply of equivalent goods; or (ii) the repair of the goods; or (iii) the payment of the cost of replacing the goods or (iv) of acquiring equivalent goods; or (v) the payment of the cost of having the goods repaired.
16. Intellectual Property

You acknowledge and agree that at all times, we own all the right, title and interest in:
    (a) the Tool(s), Services, License and the Website and any modifications to the Tool(s), Services, License and the Website;
    (b) the Intellectual Property Rights in the Tool(s), Services, License and the Website;
    (c) the Intellectual Property Rights in all other names, images, pictures, logo and icons identifying us, the Tool(s), Services, License or Website; and
    (d) the Intellectual Property Rights in the design and arrangement of the Website, text and graphics and all software compilations, underlying source code, and all other material on the Website.
Unless otherwise expressed in writing to you or permitted by law, you are not authorised or licensed to use any Intellectual Property on the Website in any way and all rights are reserved to us. All other product and/or brand or company names mentioned herein are the trademarks of your respective owners.

Subject to the above, the parties acknowledge and agree that:
    (a) you own all the right, title and interest in your E-Marketing Campaign (excluding our rights to the Intellectual Property in the Website, Tools and Services);
    (b) you authorise and grant a non-exclusive license for us to access information and data relating to the E-Marketing Campaign for the purposes of providing the license or access to the Website, Tool(s) or the Services; and
    (c) we may require your E-Marketing Campaign html code, to assist with trouble shooting.
17. Modification to Services & Terms and Conditions

You acknowledge and agree that we may from time to time, modify, improve or correct the Services (or any part thereof) with or without notice to you. In such circumstances, we may temporarily be unable to provide access to the Services.

You agree that we will not be liable in any way whatsoever for any loss or damage suffered by you should such circumstances arise. In the event that we are temporarily unable to provide access to the Tool(s), it will endeavour to restore the access as soon as reasonably practicable.

18. Cancellation of Plan

You may cancel your remaining credits and your Plan, at the end of the current billing cycle, by clicking on the cancellation page on the Website. At such time, any remaining credits will become null and void and there shall be no claim made against us for any fees paid.

19. Removal or Suspension of your User Account

If you fail to use the User Account for a period of at least 3 months, we will notify you in writing that your User Account may be deleted. If you wish to re-activate your User Account and avoid the account deletion, you simply need to login and the 3 month countdown will be re-set for a further 3 month period.

If we suspend this Agreement, such suspension will not prejudice our rights to receive all amounts outstanding under this Agreement, and for the period of suspension, you will remain obligated to fulfil all aspects of this Agreement.

20. Term and Termination

The Term will commence on the date of this Agreement and will continue to apply to any use of the Services by you, unless earlier terminated in accordance with this Agreement.

You may terminate this Agreement and your User Account, by not activating the User Account for a period of at least 3 months or by submitting the User Account termination form.

At our discretion, we may terminate or suspend your User Account and this Agreement immediately with written notice to you if:
    (a) you are in breach of any law or of any of your obligations or warranties in this Agreement;
    (b) default on any payment due under this Agreement;
    (c) we believe that the Service(s) has been or is to be misused for spam in breach of the Spam Act;
    (d) you do anything which may impact the License, access to the Website, Tool(s), or the Services, or our ability to provide access to the Tool(s) to its other clients;
    (e) we reasonably suspect or believe that you have not provided accurate, complete and up to date information in relation to this Agreement;
    (f) we consider in our reasonable opinion, that you have said, written or done anything which will or tends to bring us into public disrepute;
    (g) we consider in our reasonable opinion that your use of the Tool(s) or access to the Tool(s) will, or tends to, bring us into public disrepute;
    (h) we become unable to provide the License, the Services or access to the Tool(s) for any reason; or
    (i) you go into liquidation, or make a composition or arrangement with creditors generally, or take advantage of any statute for the relief of insolvent debtors or being a natural person, commit an act of bankruptcy.
21. Effect of Termination
    Upon the termination of this Agreement:
    (a) your right to use the Website, Tools and/or Services shall cease;
    (b) you must immediately pay to us all amounts for which you are liable under this Agreement;
    (c) your User Account will be closed and you will not be entitled to any refund of the unused opens/ clicks, and any such remaining opens/ clicks will become null and void.
    (d) we will physically or electronically destroy beyond all ability to recover all original data provided to them. This includes any and all copies of the data such as backup copies created.
    (e) for the avoidance of doubt, we retain the right to keep the results and proceeds of the analytics to your E-Marketing Campaign which have been collated prior to termination or expiry of this Agreement, subject to de-identifying the results (save for the ‘type of industry’ to which the campaign relates) and for this purpose, you hereby grant a royalty free, perpetual, worldwide, non-exclusive license to us to use and exploit these results and proceeds of the analytics to your E-Marketing Campaign.
    (f) termination of this Agreement will not prejudice any other rights or remedies which a party may be entitled to under law.
22. Confidentiality
    (a) You authorise us to collect from any party (such as your third party developer) and to retain all relevant information relating to your use of the Website and the Tool(s), and you hereby authorise any party to provide us with such information.
    (b) You must use reasonable endeavours to prevent the unauthorised use or disclosure of such confidential information by third parties.
    1. (c) You must not use or disclose to any person any confidential information (including but not limited to documents, information, strategies and know how:
    1. (i) relating to the affairs or business of us, our subsidiaries, affiliates, officers, partners, employees and agents and other related bodies corporate; or
    1. (ii) which come into your possession in the course of or by reason of this Agreement; or
    1. (iii) relating to, or evidencing, this Agreement itself; either during the Term or any time thereafter, except in the proper course of your obligations under this Agreement or as required by law or by us.
23. Security

Whilst we will reasonably endeavour to ensure that the Embed Code and/or tracking links contained in the Tool(s) and on the Server is safeguarded from damage, accident, fire, theft and unauthorised use, you acknowledge and agree that we will not be liable for any loss or damage suffered by you for any such damage, accident, fire, theft or unauthorised use.

24. Password

You may, with our consent, and subject to satisfying certain security checks, change your User Password by making a written request to us or by administering your own User Account via your access information.

You acknowledge and agree that:
    (a) you are responsible for the security and proper use of all Passwords provided to you;
    1. (b) you must take all necessary steps to ensure that all Passwords:
    1. (i) are kept confidential and not disclosed to unauthorised people;
    1. (ii) are used properly and only for the purpose for which the Passwords are provided;
    1. (c) you will inform us immediately if you have any reason to believe that:
    1. (i) any Password has become known to an unauthorised person; or
    1. (ii) any Password is being or is likely to be used in any unauthorised way; or
    1. (iii) there has been or will be any other breach of security;
    (d) we are not, and will not be held, liable in any way, for any expense, loss or damage suffered by you arising from or in any way relating to a breach of security or failure by you to comply with this clause;
    (e) you are entirely liable for all activities conducted and charges incurred under the Password whether authorised by you or not;
    (f) if you forget or misplace any Password, you must immediately notify us.
    (g) we will re-issue a new Password to you via your email address.
25. Privacy and Spam

Our Privacy Policy governs the use of personal information in respect of the Website and our Services. By your use of the Website, you consent to the collection and use of your information for storage, processing and use by us and our affiliates in accordance with the Privacy Policy.

26. General
    (a) You may not assign or attempt to assign this Agreement or any of the rights or obligations of this Agreement to any third party without our prior written consent. We may assign this Agreement and any of its rights or obligations under this Agreement without your prior consent.
    (b) Subject to any provision to the contrary, this Agreement shall ensure to the benefit of and be binding upon the parties and your successors, trustees, permitted assigns or receivers but shall not enure to the benefit of any other persons.
    1. (c) To the extent permitted by law, this Agreement:
    1. (i) embodies the entire understanding of the parties, and constitutes the entire terms agreed by the parties.
    1. (ii) supersedes any prior written or verbal or other agreements between the parties.
    (d) A notice, approval, consent or other communication in connection with this Agreement must be in writing to the address stated in this Agreement or such other address as notified by the relevant party.
    (e) This Agreement does not constitute any party the agent of the other, or create a partnership, joint venture or similar relationship between the parties, and no party has the power to bind any other party in any manner whatsoever.
    (f) Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver.
    (g) If any part of this Agreement is deemed to be illegal, void or unenforceable, that part of the Agreement will be severed to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions.
    (h) This Agreement is governed by and will be construed according to the laws of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts in Victoria.
1. Introduction

https://www.arabickey.com.au and its subdomains (“the Website”) is maintained and operated by ArabicKey (ABN 41 143 560 488) at Meadow Heights, Victoria, 3048, Australia (“we”, “us”, “our”), including its directors, employees, servants and agents) and is an e-commerce Website which sells electronic marketing tools and related software codes, that can be embedded to internet advertising or e-marketing campaigns for analytic purposes, as further described below (“Tool(s)”).

By accessing this Website to use any Tool(s) or other products, services, facilities, features, applications or Content provided by us (“the Services”), you, the end user (“User”, “you” or “your”) agree to be legally bound by the following terms and conditions in respect of the Website and Services (collectively “Terms and Conditions” or “Agreement”) and the Privacy Policy. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.

2. Definitions
    (a) “Content” means any visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are viewing from the Website, together with any accompanying material.
    (b) “E-Marketing Campaign” means your internet advertising campaign or electronic direct mail campaign for which a selected Tool is to be used.
    (c) “Embed Code” means the code which may be provided by us for you to access a Tool for an E-Marketing Campaign.
    (d) “Intellectual Property” means all existing and future rights in patents, designs, copyright, know-how, moral rights, trade secrets, confidential information, trademarks, service marks, trade names, goodwill and other rights arising from the provision of the License and performance of the Services.
    (e) “License” means the license granted to you to access the Website to use the Services and Tool(s).
    (f) “Password” means your password to activate and access your User Account.
    (g) “Server” means the third party server which is hosting the Tool(s) and which is facilitating the provision of the Embed Code for the E-Marketing Campaign;
    (h) “Term” means the term of the License;
    (i) “Tool(s)” means the tool(s), products and services for an E-Marketing Campaign offered on the Website now or in the future, comprising of tracking pixels or a tracking link via Email Tracker and/or Ad Tracker tools, which allow the sender to gather analytics about how and where your E-Marketing Campaign is read by recipients.
    (j) “User Account” means the account you create when registering on the Website to purchase access to any of the Services;
3. Access to the Website

In accessing and using the Website, you agree and acknowledge that:
    (a) your access and use of this Website is at your own risk and you are responsible for compliance with the laws of your jurisdiction if applicable, and these Terms and Conditions;
    (b) we do not guarantee that this Website, Server, Tool(s) or the Content on it will be free from viruses or that access to this website will be uninterrupted and we are not responsible for the content of external internet sites.
    (c) you must immediately notify us if you become aware of any unauthorised use of the Website;
    (d) you must, in order to make proper use of the Website, have a basic knowledge of how the Internet functions, netiquette and what types of uses are, and are not acceptable;
    (e) we reserve the right to permanently ban, and/or notify the appropriate authorities of, any person that uses, or attempts to use, our Website for illegal or improper purposes, or who posts or publishes, or attempts to post or publish, abusive, obscene, vulgar, offensive, defamatory, hateful, threatening or sexually-oriented material.
    (f) we may amend or modify these Terms and Conditions from time to time for any reason, without notice, including but not limited to, the right to suspend or terminate with or without notice, with no liability to you or any third party, by posting the amended terms on the Website and you agree that we may properly and effectively serve you with notice in this way. All future agreements will be bound by the terms in force at that point in time and therefore you are advised to review these Terms and Conditions on a regular basis.
4. Prohibited Uses of the Website

Without limiting any other obligations, in accessing the Website, you warrant that you will not:
    (a) use the Website to send spam, commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth)(“Spam Act”);
    (b) allow any unauthorised third party to use or access the Services or share, re-sell or attempt to share or re-sell the Services to any third party, unless otherwise approved in writing by us;
    (c) use the Website for any unlawful purpose, or for the publication, linking to, issue or display of any unlawful material (including but not limited to any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights of any third party or which is or encourages a criminal act or contains any virus, worm, Trojan horse or other harmful code or which may harm us or any of its clients or bring us into disrepute) whether under Australian law or regulation, the laws or regulations of any other place where the results of such purpose or such material can be accessed;
    (d) provide any technical or other information obtained from us and/or relating to the Tool(s) and/or Services to any person, company, firm or government;
    (e) reverse engineer, de-code or in any way disassemble the Website or any part of thereof;
    (f) data mine or conduct automated searches on the site or the content on the Website, whether through the use of additional software or otherwise;
    (g) create links from the Website to any other website, frame or mirror the Website without our prior written consent;
    (h) tamper with, hinder the operation of, or make unauthorised modifications to the Website;
    (i) violate the security or any security measures of this Website;
    (j) access any data on or from this Website which is not intended for you;
    (k) probe, scan or test the vulnerability of this Website or any of our systems or networks used to facilitate this Website;
    (l) interfere with service to any other user of this Website or use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website; and/or
    (m) use the Website for any purpose not contemplated by these Terms and Conditions.
5. Accessing the Services

In order to access the Services, you must set up a User Account in accordance with clause 8 below and in respect of your access and use of the Services, you:
    (a) warrant that you have the authority to accept these Terms and Conditions if acquiring the Services on behalf of a legal entity;
    (b) must provide all information reasonably required by us to grant the License and provide the Services;
    (c) must comply with the Privacy Act in the handling of all personal information (including making the necessary disclosures to, and obtaining the relevant consents from, your customers in relation to the handling of the E-Marketing Campaign campaign);
    (d) must ensure that all E-Marketing Campaign and other material operated by you and communicated via, or hosted on the Server is free of viruses and other harmful code; and
    (e) must keep backups of all E-Marketing Campaign materials provided by you (if any) to us.
    (f) acknowledge and agree that we have no obligation to manipulate any of the E-Marketing Campaign or related materials, or validate or vet the E-Marketing Campaign for usability, legality, content or correctness; and
    (g) must ensure that all information, content, videos, photos and other materials provided by you to us is accurate, complete and up to date at all times and to allow us to use the materials to provide the Services, you hereby grant us a perpetual, irrevocable and royalty-free licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, now known or later developed for the full term of any rights that may exist in such content. You also authorise us to share relevant information to your third party developer for the purpose of providing the Services to you, subject to your prior written consent.
6. License to access the Website

Subject to complying with the Terms and Conditions, we grant you a non-exclusive, non-transferable, revocable License to use and access the Website to browse the Services and Tool(s) and get an indication of the pricing under our various credit plans. For the avoidance of doubt, you may only access and print the Content on this Website for your own non-commercial use unless you have prior written approval from us. All other copying of content on any part of this Website is prohibited except to the extent permitted by law.

7. Accessing the Services and Tools

In order to access the Tools as part of the Services, via the Website, you must set up a User Account in accordance with clause 8 below.

8. Set Up of User Account

When creating a User Account, go to the “Login/ Sign Up” page and provide the following details:
    (a) Full name;
    (b) Company Name;
    (c) ABN;
    (d) Registered Address;
    (e) Billing Address;
    (f) Credit Card or PayPal account details; and
    (g) Password for the User Account.
We will use the User Account details for the purpose of providing the Services, including, but not limited to tracking orders for Tool(s) and tracking credits purchase history.

If your User Account is inactive for a period of 3 months or more, we have the right to delete any materials, information from the Server, on the understanding that we will first send you a notification to re-activate your User Account. Once re-activated, this will re-set the 3 month countdown to the next notification to delete your materials/ information from the Server and we accept no liability for any deletions.

By completing your User Account details and signifying your acceptance of these Terms and Conditions, you accept this Agreement either for yourself or on behalf of your employer or the entity that is identified as the member account holder, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these Terms and Conditions, do not accept the Agreement and do not use the Tool(s).

9. Process for accessing a Tool

The process for accessing a Tool, is as follows:
    (a) you must select your preferred type of Tool and login in to your User Account in order to complete the payment process;
    (b) before purchasing your Tool, you must provide the required information for the E-Marketing Campaign and also provide the desired configuration of the Tool for your E-Marketing Campaign;
    (c) you are then provided with an Embed Code and/or one or more tracking links for each Tool, which you can copy & paste to download into your E-Marketing Campaign. We will also email these details to you (or your nominated third party developer);
    (d) at any time, Users can go to the Account Page to view and edit your Account Settings (including changing plans, making a one-off or automated top-up of credits for the month, or cancelling your plan at the end of the current billing period), and also view your Campaign History;
    (e) we will email Users once 75% of your opens/ clicks estimate for a selected Tool is exceeded, so Users may immediately boost your opens/ clicks; and
    (f) once 100% of the opens/ clicks for a Tool has been used, you may still access your analytics for those opens/ clicks which have been purchased and boost opens/ clicks tracked for that E-Marketing Campaign to unlock updated analytics.
10. Pricing

We shall charge you, and you agree to pay, all applicable fees for the Services.

You are responsible for reviewing the relevant pricing plans set out when you Checkout your cart to pay.

We may, but are not obligated to, contact you to warn you that you have exceeded the included features (ie. opens/ clicks) or other limits of the selected pricing plans for the Tool(s).

Options for Purchasing Access to the Tools
There are two (2) main options for purchasing access to the Tools, as follows:
    1. (a) 
“Casual User”:
    1.  making a one-off purchase of a bulk number of credits that can be used with no ongoing commitment; or
    1. (b) 
“Saver Plans”:
     Users can subscribe to various types of monthly or annual plans which provide them with a certain number of credits per month.
    For the avoidance of doubt, we may vary the prices for opens/ clicks from time to time, without notice.
Process for Purchasing Tools
In order to purchase a Tool for your E-Marketing Campaign, Users must:
    (a) start the purchase process by selecting the desired Tool at the “Get Started” page on the Website; and
    (b) choose and customise the Tool(s) you want, including the maximum number of opens/ clicks which you desire to be tracked.
Payment for credits/ opens/ clicks
We accept payment for credits and opens/ clicks, by either credit card or PayPal. Payment will only be deemed to be received by us upon receipt of cleared funds. Payment must be made in full without any abatement, set off or deduction. No access to Tool(s) or Services will be provided unless and until payment has cleared. You acknowledge and agree that:
    (a) credits and opens/ clicks are not transferable or refundable for cash or any other type of payment;
    (b) credits and opens/ clicks are not assignable to any third party; and
    (c) the minimum amount of credits which can be purchased at one time is 5,000 credits.
    (d) if you do not have sufficient credits for your E-Marketing Campaign, you can top up opens/ clicks or you may also tick and select “Auto Top Up” option, so that you don’t run out of opens/ clicks; and
    (e) all unused credits will expire on the earlier of expiry or termination of the License.
No Refunds
Except as otherwise provided in this Agreement or required by law, we will not provide refunds or credits for partial or unused periods of Service or mid-term downgrades.

11. GST

GST law and other terms used in this clause (except Recipient) have the meanings ascribed to those terms by the A New Tax System (Goods and Services Tax) Act 1999 (as amended from time to time) or any replacement or other relevant legislation and regulations, except that GST law also includes any applicable rulings. If GST becomes payable by a party to this Agreement (“Supplier“) in relation to any supply that it makes under or in connection with this Agreement, the parties agree that:
    1. (a) unless clearly stated in this Agreement to the contrary, any consideration (including the value of any non-monetary consideration) provided for that supply (“
Agreed Amount
    “) is exclusive of GST;
    1. (b) an additional amount will be payable by the party providing consideration for that supply (“
Recipient
    “) equal to the amount of GST payable by the Supplier in relation to that supply;
    (c) the additional amount is payable at the same time as any part of the Agreed Amount is to be first provided for that supply.
    To the extent, if any, that any consideration for a supply is specified in this Agreement to be inclusive of GST, that consideration will be excluded from the Agreed Amount for the purposes of this clause.
12. License to access the Tool(s) for your E-Marketing Campaign

In consideration of your full and timely payment for the Tools and compliance with these Terms and Conditions, we grant you a non-exclusive, non-transferable, revocable, worldwide License for the Term of this Agreement, to use the Tool(s) for your applicable E-Marketing Campaign. In granting the License, we will use best commercial efforts to:
    (a) provide access to the Tool(s) in accordance with clause 11 above;
    (b) maintain the Tool(s) so that it is in working order;
    (c) repair the Tool(s) as and when required; and
    (d) host the Tool(s) on the Server.
    You acknowledge and agree that:
    (a) the purchase of credits is payment for setting up access to the selected Tool(s) for the Term; and
    (b) the License does not confer any rights (proprietary or otherwise) to you in relation to the Tool(s).
13. Warranties

Each party warrants that:
    (a) it is able to enter into and fulfil its obligations pursuant to this Agreement;
    (b) it is not under any obligation or restriction that would interfere with or restrict the performance of its obligations under this Agreement;
    (c) the entry into this Agreement or the performance of this Agreement will not put it in breach of any obligation to any third party as at the date of execution of this Agreement; and
    (d) all representations, warranties and undertakings are true and correct to the best of its knowledge.
14. Indemnity

You indemnify and keep indemnified us, our subsidiaries, affiliates, officers, partners, employees and agents and other related bodies corporate against any action, loss, liability, damage, claim, penalty, cost or expense (including but not limited to legal fees) suffered directly or indirectly by us, arising from:
    1. (a) any breach by you of any of your warranties or obligations under this Agreement; or
    1. (b) to any violation of this Agreement by you or users of your User Account, or in connection with the use of the Website, Tool(s), Services or the internet or the placement or transmission of any message, information, software or other materials on the Website or on the internet by you or users of your account; or
    (c) any claims made against us in relation to your use of the Website, Tool(s) or Services.
15. Limitation of Liability

You acknowledge and agree that:
    (a) our liability under this Agreement is limited to granting the License, providing access to the Website, Tool(s) and providing the Services in accordance with this Agreement.
    (b) in no event shall we or our suppliers or affiliates be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information available from the Website, Tool(s) or Services.
    (c) we take no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the Website.
    (d) we do not guarantee continuous, uninterrupted or secure access to the Website, and the Website may be interfered with factors outside our control.
    (e) we make no representations about the suitability of any of the information contained in the documents and related graphics on the Website for any purpose. All such documents and related graphics are provided without warranty of any kind.
    (f) all warranties (including, without limitation, warranties and conditions as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded to the extent permitted by law. Without limiting the foregoing, to the extent possible by law, we specifically exclude any warranty as to the accuracy or quality of information received by any person via any computer server operated or maintained by us in connection with the services, and we shall not be liable for any loss or damage to any data stored on any such server.
    (g) if we breach any condition or warranty implied by law which cannot lawfully be excluded under Australian Consumer Law or the Competition and Consumer Act (2010)(Cth), to the extent permitted by law our liability is limited, at its option, to (a) in the case of services, the resupply of, or payment of the cost of resupplying, the service; and (b) in the case of goods (i) the replacement of the goods or the supply of equivalent goods; or (ii) the repair of the goods; or (iii) the payment of the cost of replacing the goods or (iv) of acquiring equivalent goods; or (v) the payment of the cost of having the goods repaired.
16. Intellectual Property

You acknowledge and agree that at all times, we own all the right, title and interest in:
    (a) the Tool(s), Services, License and the Website and any modifications to the Tool(s), Services, License and the Website;
    (b) the Intellectual Property Rights in the Tool(s), Services, License and the Website;
    (c) the Intellectual Property Rights in all other names, images, pictures, logo and icons identifying us, the Tool(s), Services, License or Website; and
    (d) the Intellectual Property Rights in the design and arrangement of the Website, text and graphics and all software compilations, underlying source code, and all other material on the Website.
Unless otherwise expressed in writing to you or permitted by law, you are not authorised or licensed to use any Intellectual Property on the Website in any way and all rights are reserved to us. All other product and/or brand or company names mentioned herein are the trademarks of your respective owners.

Subject to the above, the parties acknowledge and agree that:
    (a) you own all the right, title and interest in your E-Marketing Campaign (excluding our rights to the Intellectual Property in the Website, Tools and Services);
    (b) you authorise and grant a non-exclusive license for us to access information and data relating to the E-Marketing Campaign for the purposes of providing the license or access to the Website, Tool(s) or the Services; and
    (c) we may require your E-Marketing Campaign html code, to assist with trouble shooting.
17. Modification to Services & Terms and Conditions

You acknowledge and agree that we may from time to time, modify, improve or correct the Services (or any part thereof) with or without notice to you. In such circumstances, we may temporarily be unable to provide access to the Services.

You agree that we will not be liable in any way whatsoever for any loss or damage suffered by you should such circumstances arise. In the event that we are temporarily unable to provide access to the Tool(s), it will endeavour to restore the access as soon as reasonably practicable.

18. Cancellation of Plan

You may cancel your remaining credits and your Plan, at the end of the current billing cycle, by clicking on the cancellation page on the Website. At such time, any remaining credits will become null and void and there shall be no claim made against us for any fees paid.

19. Removal or Suspension of your User Account

If you fail to use the User Account for a period of at least 3 months, we will notify you in writing that your User Account may be deleted. If you wish to re-activate your User Account and avoid the account deletion, you simply need to login and the 3 month countdown will be re-set for a further 3 month period.

If we suspend this Agreement, such suspension will not prejudice our rights to receive all amounts outstanding under this Agreement, and for the period of suspension, you will remain obligated to fulfil all aspects of this Agreement.

20. Term and Termination

The Term will commence on the date of this Agreement and will continue to apply to any use of the Services by you, unless earlier terminated in accordance with this Agreement.

You may terminate this Agreement and your User Account, by not activating the User Account for a period of at least 3 months or by submitting the User Account termination form.

At our discretion, we may terminate or suspend your User Account and this Agreement immediately with written notice to you if:
    (a) you are in breach of any law or of any of your obligations or warranties in this Agreement;
    (b) default on any payment due under this Agreement;
    (c) we believe that the Service(s) has been or is to be misused for spam in breach of the Spam Act;
    (d) you do anything which may impact the License, access to the Website, Tool(s), or the Services, or our ability to provide access to the Tool(s) to its other clients;
    (e) we reasonably suspect or believe that you have not provided accurate, complete and up to date information in relation to this Agreement;
    (f) we consider in our reasonable opinion, that you have said, written or done anything which will or tends to bring us into public disrepute;
    (g) we consider in our reasonable opinion that your use of the Tool(s) or access to the Tool(s) will, or tends to, bring us into public disrepute;
    (h) we become unable to provide the License, the Services or access to the Tool(s) for any reason; or
    (i) you go into liquidation, or make a composition or arrangement with creditors generally, or take advantage of any statute for the relief of insolvent debtors or being a natural person, commit an act of bankruptcy.
21. Effect of Termination
    Upon the termination of this Agreement:
    (a) your right to use the Website, Tools and/or Services shall cease;
    (b) you must immediately pay to us all amounts for which you are liable under this Agreement;
    (c) your User Account will be closed and you will not be entitled to any refund of the unused opens/ clicks, and any such remaining opens/ clicks will become null and void.
    (d) we will physically or electronically destroy beyond all ability to recover all original data provided to them. This includes any and all copies of the data such as backup copies created.
    (e) for the avoidance of doubt, we retain the right to keep the results and proceeds of the analytics to your E-Marketing Campaign which have been collated prior to termination or expiry of this Agreement, subject to de-identifying the results (save for the ‘type of industry’ to which the campaign relates) and for this purpose, you hereby grant a royalty free, perpetual, worldwide, non-exclusive license to us to use and exploit these results and proceeds of the analytics to your E-Marketing Campaign.
    (f) termination of this Agreement will not prejudice any other rights or remedies which a party may be entitled to under law.
22. Confidentiality
    (a) You authorise us to collect from any party (such as your third party developer) and to retain all relevant information relating to your use of the Website and the Tool(s), and you hereby authorise any party to provide us with such information.
    (b) You must use reasonable endeavours to prevent the unauthorised use or disclosure of such confidential information by third parties.
    1. (c) You must not use or disclose to any person any confidential information (including but not limited to documents, information, strategies and know how:
    1. (i) relating to the affairs or business of us, our subsidiaries, affiliates, officers, partners, employees and agents and other related bodies corporate; or
    1. (ii) which come into your possession in the course of or by reason of this Agreement; or
    1. (iii) relating to, or evidencing, this Agreement itself; either during the Term or any time thereafter, except in the proper course of your obligations under this Agreement or as required by law or by us.
23. Security

Whilst we will reasonably endeavour to ensure that the Embed Code and/or tracking links contained in the Tool(s) and on the Server is safeguarded from damage, accident, fire, theft and unauthorised use, you acknowledge and agree that we will not be liable for any loss or damage suffered by you for any such damage, accident, fire, theft or unauthorised use.

24. Password

You may, with our consent, and subject to satisfying certain security checks, change your User Password by making a written request to us or by administering your own User Account via your access information.

You acknowledge and agree that:
    (a) you are responsible for the security and proper use of all Passwords provided to you;
    1. (b) you must take all necessary steps to ensure that all Passwords:
    1. (i) are kept confidential and not disclosed to unauthorised people;
    1. (ii) are used properly and only for the purpose for which the Passwords are provided;
    1. (c) you will inform us immediately if you have any reason to believe that:
    1. (i) any Password has become known to an unauthorised person; or
    1. (ii) any Password is being or is likely to be used in any unauthorised way; or
    1. (iii) there has been or will be any other breach of security;
    (d) we are not, and will not be held, liable in any way, for any expense, loss or damage suffered by you arising from or in any way relating to a breach of security or failure by you to comply with this clause;
    (e) you are entirely liable for all activities conducted and charges incurred under the Password whether authorised by you or not;
    (f) if you forget or misplace any Password, you must immediately notify us.
    (g) we will re-issue a new Password to you via your email address.
25. Privacy and Spam

Our Privacy Policy governs the use of personal information in respect of the Website and our Services. By your use of the Website, you consent to the collection and use of your information for storage, processing and use by us and our affiliates in accordance with the Privacy Policy.

26. General
    (a) You may not assign or attempt to assign this Agreement or any of the rights or obligations of this Agreement to any third party without our prior written consent. We may assign this Agreement and any of its rights or obligations under this Agreement without your prior consent.
    (b) Subject to any provision to the contrary, this Agreement shall ensure to the benefit of and be binding upon the parties and your successors, trustees, permitted assigns or receivers but shall not enure to the benefit of any other persons.
    1. (c) To the extent permitted by law, this Agreement:
    1. (i) embodies the entire understanding of the parties, and constitutes the entire terms agreed by the parties.
    1. (ii) supersedes any prior written or verbal or other agreements between the parties.
    (d) A notice, approval, consent or other communication in connection with this Agreement must be in writing to the address stated in this Agreement or such other address as notified by the relevant party.
    (e) This Agreement does not constitute any party the agent of the other, or create a partnership, joint venture or similar relationship between the parties, and no party has the power to bind any other party in any manner whatsoever.
    (f) Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver.
    (g) If any part of this Agreement is deemed to be illegal, void or unenforceable, that part of the Agreement will be severed to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions.
    (h) This Agreement is governed by and will be construed according to the laws of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts in Victoria.

PRIVACY POLICY

1. Introduction
Here at ArabicKey  (ABN 41 143 560 488) we appreciate that you are trusting us with information that is important to you, and we want to be transparent about how we use it. In this policy, we describe the privacy practices for our website (www.arabickey.com.au )(“Website”) and for our digital marketing and analytics products and services (the “Services”). You will learn about the data we collect, process, how and for what purposes we use it, the controls we give you over your information, and the measures we take to keep it safe.
We also explain with how we handle Personal Information (which, for the purpose of this Privacy Policy, includes “Personal Data” as defined in the European Union Data Protection Laws and “Personal Information” as defined in the Australian Privacy Laws) and other information about individuals that we may collect as part of our business). By using the Website and any content, products or services we offer via the Website, you are agreeing to be unconditionally bound by this policy in respect of the information collected about you via this Website. When you use our Website you may provide us with information. Some information may be personal (‘Personal Information’).
If you have any queries about the policy, please contact us and we will do our best to answer your questions. Please read this privacy policy carefully.
2. What Personal Information do we collect?
We only collect Personal Information about you that is reasonably necessary for us to provide you with and improve our products or services and to keep you informed about our products or services. We collect different information depending on our relationship with you, which we will make clear to you at the time we collect that information.
We may also collect the following additional, specific Personal Information from you:
(a) Mailing list Information:
    When you access the Website, you may provide information that could be Personal Information such as your name, email address, position, industry, company and company address.
(b) User Content and Supplied Information, including survey information:
    We may ask you to answer surveys. When you provide such information, we keep that data indefinitely, even after you cease use of the Website. As long as we don’t share your Personal Information with third parties, we may continue to disclose other content to third parties as described in this Privacy Policy.
(c) IP Address/ Cookies:
    We also collect details of the IP address of the computer(s) you use to access this website. This is a security measure designed to assist in protecting us, you and other users from unlawful use of our website or other unlawful activity related to our website. When you visit our Website, social media pages or mobile applications or click on our advertisements on the online media of other companies, we may collect information about you using technology which is not apparent to you, for example “cookies”. We may monitor the IP address of your computer or place a cookie in the browser files of your computer to provide you with better access to any automated features of the Website.
(d) Aggregate Information:
    We may collect statistical information about how both unregistered and registered users, collectively, use the services, and we may also collect de-identified analytics results derived from users of the services, which removes any personal information which could identify the user (“Aggregate Information”). Some of this Aggregate Information is derived from Personal Information. However, statistical and analytics results information is non-Personal Information and can’t be tied back to you or your web browser. Certain non-Personal Information could become Personal Information if it is aggregated with other pieces of data in a way that enables you to be identifiable. We may at times combine non-Personal Information with Personal Information to better deliver the products or services and special offers and ads to you and also to better understand how our Website and the products or services are used. In the event that such data is combined, it will not be shared with third parties.
3. Third-Party Websites and Apps.
We don’t own or control other third party websites, content, services or applications (“Third Party services”), so you should review their privacy policies and terms. This policy only applies to our Website and Services. We are not responsible for the privacy practices or disclosures of third parties that use or access our Website or Services. In addition, the Website or Service may contain links to third-party websites and apps. Any access to and use of such linked websites or apps is not governed by this Policy, but instead is governed by the privacy policies of those third parties. We are not responsible for the information practices of such third parties.
4. How do we use and hold Personal Information?
We will only use your Personal Information for the reasons we collected it. It will be reasonably apparent to you when you provide us with Personal Information how we may use that information and whom it may be disclosed to. Generally, we will use and hold Personal Information in order to:
    (a) to learn of your likely preferences so that we may promote our goods or services to you in a way which may be of most interest to you;
    (b) make general improvements to our Website and the products and services we offer;
    (c) analyse how users are making use of the Website and the products and services we offer;
    (d) notify you of certain offers, promotions and new products or services (subject to your right to unsubscribe or opt-out);
    (e) to contact you for the purpose of research, product development, or customer service;
    (f) to assist in investigating your complaints and enquiries;
    (g) market and advertise relevant products and services. This may include us and our affiliates and/or partners sending you information about products and services that will be relevant to you, by email, mobile messaging, postal mail or direct telephone contact. All of the above are subject to your stated preferences; we and our content partners will always make it clear how you can prevent i.e. opt-out of these uses. When marketing to you, your Personal Information is only ever used or disclosed for our own purposes.
5. Why do we disclose Personal Information?
We may use or disclose or process Personal Information you provide us:
    (a) for the purpose it was collected – for example, to supply our products or services to you, respond to you and to operate our businesses;
    (b) if we sell all or part of our business(es) and the buyer also requires your Personal Information;
    (c) to enforce our legal rights or those of others;
    (d) to prevent actual or potential fraud or illegal activity;
    (e) to known third parties who provide Services to us ranging from technology, data storage, website hosting, marketing or operations; or
    (f) if we are required or permitted to do so by law (including the EU Data Protection Laws); and/or
    (g) investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity.
We will only use or disclose your Personal Information as required by law or permitted by the Australian Privacy Principles, the Privacy Act 1988 (Cth) and EU Data Protection Laws.
If you are a resident in the EU, then our legal basis for collecting and using Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it. However, where we are processing your Personal Information for our own purposes we normally rely on our legitimate interest to collect Personal Information from you, except where such interests are overridden by your data protection interests or fundamental rights and freedoms. Where we rely on our (or our customer’s) legitimate interests to process your Personal Information, they include the interests described above.
In some cases, we may have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person. If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided under the “Contact Us” heading below.
6. Why do we process Personal Information?
It may be necessary for us to process an individual’s Personal Information to third parties in a manner compliant with the EU Data Protection Laws and our Terms and Conditions of Use, including:
    (a) to a managed service partner to ensure its authorised personnel can access a client account to perform the tasks agreed between the client and the managed service partner;
    (b) to a client so that it can appropriately manage its account;
    (c) to a third-party payment processor to securely perform online capture and processing of credit/debit card transactions;
    (d) to other third-party providers (such as our Web Application Firewall provider, or our Cloud computing platform provider) to communicate with an individual and to store contact details about an individual;
    (e) to a governmental agency or a supervising authority where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental agency or a supervising authority should be made aware of, or when required to do so by law (including any Data Protection Laws);
    (f) to a prospective transferee as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganisation, however, we will inform the individual accordingly (to the extent that we are permitted to do so under the relevant applicable law) and we will take all reasonable steps to ensure that their Personal Information continue to be protected;
    (g) to infer your geographic location based on your IP address; to track behavior at the aggregate/anonymous level to identify and understand trends in usage and the various interactions with our Websites and marketing content; determining the effectiveness of our marketing; and to conduct internal business analysis based on meta-data about usage, feature adoption and forecasting to improve our Websites and Services;
    (h) to administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, and statistical purposes; to understand how our Website is used and to improve our Website to ensure that content is presented in the most effective manner for you and your computer; and as a part of our efforts to keep our Website safe and secure; or
    (i) to comply with and enforce applicable legal requirements, agreements and policies.
7. How to we store your Personal Information
Your Personal Information may be stored by us in various forms, including both electronic and hardcopy. You should be aware that there are inherent risks associated with the transmission of Personal Information via the internet, however, we will take reasonable steps to maintain the integrity and security of any Personal Information we have stored, including taking reasonable steps to prevent interference and loss, misuse, unauthorised access, modification or disclosure of such Personal Information.
It is important that you protect your privacy by ensuring that no one obtains your Personal Information and you must contact us if your details change. If you do not wish to use the internet to transmit Personal Information you can mail or phone the Privacy Officer. If we no longer require your Personal Information for the purposes stated in this Privacy Policy or we have received it inadvertently, we will take reasonable steps to securely destroy or de-identify it as soon as practicable, as long as it is lawful to do so.
8. How can you access or enquire about your Personal Information?
We have appointed a Privacy and Data Protection Officer. We will provide you with access to any of your Personal Information we hold (except in limited circumstances recognised by law). If you wish to access your Personal Information or have an enquiry about privacy, please contact our Privacy and Data Protection Officer at: contact@arabickey.com.au or by calling us on +61 424 579 772. Alternatively, you can write to us at: Contact Us.
In accordance with Data Protection Laws, an individual has the right to request from us the Personal Information that we have about them, and we must provide them with such information within 28 days of receiving their written request. If an individual cannot update its own information, we will correct any errors in the Personal Information we hold about an individual within 7 days of receiving written notice from them about those errors.
9. How can you complain about our management of Personal Information?
If you wish to complain about a breach of the privacy rules that bind us, you may contact our Privacy and Data Protection Officer at one of the above contact points. We may ask you to put your complaint in writing and to provide details about it.
We may discuss your complaint with our personnel and our service providers and others as appropriate. Our Privacy and Data Protection Officer will investigate the matter and attempt to resolve it in a timely way. Our Privacy and Data Protection Officer will inform you in writing about the outcome of the investigation.
If our Privacy and Data Protection Officer does not resolve your complaint to your satisfaction and no other complaint resolution procedures are agreed or required by law, our Privacy and Data Protection Officer will inform you that your complaint may be referred to the Privacy Commissioner for further investigation and will provide you with the Commissioner’s contact details.
10. How secure is your Personal Information?
We understand how sensitive your Personal Information is and how important it is to keep it secure. We take reasonable precautions to secure your Personal Information both within our computer systems and their physical premises.
We will take all reasonable precautions and appropriate technical and organisational measures to protect an individual’s Personal Information against accidental or unlawful destruction or accidental loss, alternation, unauthorised disclosure or access. This includes appropriately securing our physical facilities and electronic networks.
We use SSL encryption to store and transfer Personal Information. Despite this, the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed.
Each individual that provides information to us via the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.
We are not responsible for the privacy or security practices of any third party (including third parties to whom we are permitted to disclose an individual’s Personal Information to in accordance with this Privacy Policy, our Terms and Conditions of Use or any applicable Data Protection Laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately. We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.
11. Notifiable Data Breaches
In the event of any loss, or unauthorised access or disclosure of your personal information that is likely to result in serious harm to you, we will investigate and notify you and the Office of the Australian Information Commissioner (“OAIC”) as soon as practicable within 72 hours of discovery, in accordance with the Privacy Act 1988 and the EU’s GDPR as further described in clause 11 below.
12. Data Protection Rights (GDPR)
If you are a resident of the European Union for the purposes of the EU Data Protection Laws, then in addition to what is set out above, the following applies to you.
“EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time, including by the GDPR and laws implementing or supplementing the GDPR.
“GDPR” means the General Data Protection Regulation, being Regulation 2016/679 of the European Parliament and of the Council.
We are a data controller and data processor for the purposes of the GDPR and by your consenting to this Privacy Policy, we are able to processes your Personal Data in accordance with this Privacy Policy.
In providing our services, we may make use of a number of automated processes using your Personal Data and your activity on our Website as tracked by us, in order to provide more tailored and relevant services to you through email communication, and on the Website.
In addition to your rights set out above, you may:
    (i) update or rectify any of the Personal Data that we hold about you, in the manner described in the “How can you access or enquire about your Personal Information” in clause 7 above.
    (ii) withdraw your consent to our use of your Personal Information as described in this Privacy Policy by deleting your account. This will also delete all the Personal Data about you which we hold.
    (iii) request that we provides you with a copy of the Personal Data we hold about you in a portable and machine readable form or share your Personal Data with a nominated third party;
    1. (iv) access, review, change, update or delete your Personal Information at any time by contacting us at 
contact@arabickey.com.au
    .
    1. (v) request removal of your Personal Information from our blog or community forum, contact us at 
contact@arabickey.com.au
    .In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
    1. (vi) object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. To exercise these rights email 
contact@arabickey.com.au
    .
If we have collected and process your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Should you have any concerns in relation to our collection and/or processing of your Personal Data, then in addition to the process set out in the “Complaints” section 9 set out above (including the right to complain to the Office of the Australian Information Commissioner), you have the right to complain to a supervisory authority (within the meaning of the EU Data Protection laws).
Please note that because most of the information we store can only identify a particular browser or device, and cannot identify you individually, you will need to provide us with some additional information to enable us to identify the Personal Information we hold about you and ensure that accurately fulfil your request. You may also be required to provide ID.
13. Choices
Opt in / out – An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:
    (i) Opt In – Where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or
    (ii) Opt Out – Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.
14. Changing Personal Information
If you wish to edit, update or delete your Personal Information which we hold, you can do so by logging into your online account through the Website and updating your details or by contacting us. We may need to verify your identify before completing any requests. We may charge a reasonable fee for giving access to your Personal Information if your request requires substantial effort on our part. If you need to correct your Personal Information, please contact our Privacy or Data Protection Officer at one of the above contact details.
If you delete certain types of information you may be prevented from accessing some Website features or services. Activity generated prior to deletion may still remain stored by us and may be made publicly available. At your request we will delete you from our mailing lists. If you no longer wish to receive communications from us, please unsubscribe or contact our Privacy and Data Protection Officer.
15. Changes to Privacy Policy
This Privacy Policy is current as at 12th June 2018 and includes GDPR updates pursuant to EU Data Protection laws which came into effect on 25th May 2018. We may amend this Privacy Policy from time to time. Information we collect is subject to the policy at the time of collection. If we make any changes, we’ll notify you by email or posting a notice on the Website. If you use the services after the posting date, then you’re bound by the new Privacy Policy. In order to comply with our obligations under the Data Protection Laws, we may do other things in addition to what is stated in this Privacy Policy, nothing in this Privacy Policy shall deem us to be in breach of any Data Protection Laws.
16. Further questions and more information
If at any time you would like to contact us with your views about our privacy practices, any misuse of your information or with any enquiry relating to your Personal Information, you can do so by emailing: contact@arabickey.com.au More information about privacy law and privacy principles is available from the Privacy Commissioner. The Privacy Commissioner may be contacted at www.oaic.gov.au (email: enquiries@oaic.gov.au).
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