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Privacy Policy - Terms and Conditions | © 2021 Merchantwise Group Pty Ltd (ABN 13 875 687 606)

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© 2021 Merchantwise Group Pty Ltd (ABN 13 875 687 606)

Privacy Policy - Terms and Conditions

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Privacy Policy

Introduction

Merchantwise Pty Ltd (ACN 622 026 242) of Level 1, 266 Chapel St, Prahran, 3181, Australia ("we" or "us" including its directors, employees, servants and agents) is committed to compliance with privacy laws and take the privacy of your information very seriously. This policy explains how and for what purposes we use the information collected about you (‘the User’) via the website (www.merchantwise.com), which is owned and/or controlled by us (referred to below as "Website").

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’). We use this Personal Information to provide you with a better product or service.

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. This policy summarises our protection and use of any Personal Information provided by you.

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. Some Personal Information may include:

Your personal details such as first and last name, business name, postal/ email address, telephone number; and
Other information about you that you voluntarily supply to us such as your industry or preferences.

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.

We may also collect the following additional, specific Personal Information from you:

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.

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.

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.

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.

Shared information: Unless we state otherwise, we use all collected information for internal purposes only. From time to time, we may obtain information (such as electronic mail addresses) from third party providers. If we do, we endeavour to contact only those individuals who we believe may have a legitimate business interest in our Website or services, and who have indicated a willingness to be contacted for this purpose. We are not agents for, and do not accept responsibility for, the privacy practices of third parties.

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:

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;
make general improvements to our Website and the products and services we offer;
analyse how users are making use of the Website;
notify you of certain offers, promotions and new products or services (subject to your right to unsubscribe or opt-out);
to contact you for the purpose of research, product development, or customer service;
to assist in investigating your complaints and enquiries;
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.

Why do we disclose Personal Information?

We may use or disclose Personal Information you provide us:

for the purpose it was collected – for example, to supply our products or services to you, respond to you and to operate our businesses;
if we sell all or part of our business(es) and the buyer also requires your Personal Information;
to enforce our legal rights or those of others;
to prevent actual or potential fraud or illegal activity;
to known third parties who provide Services to us ranging from technology, data storage, website hosting, marketing or operations; or
if we are required to do so by law.

We will only use or disclose your Personal Information as required by law or permitted by the Australian Privacy Principles and the Privacy Act 1988 (Cth).

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.

How can you access or enquire about your Personal Information?

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 Officer at: privacy@merchantwise.com or by calling us on +61 3 9520 1000. Alternatively, you can write to us at: Privacy Officer, Merchantwise Pty Ltd of Level 1, 266 Chapel St, Prahran, VIC, 3181, Australia.

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 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 Officer will investigate the matter and attempt to resolve it in a timely way. Our Privacy Officer will inform you in writing about the outcome of the investigation. If our Privacy Officer does not resolve your complaint to your satisfaction and no other complaint resolution procedures are agreed or required by law, our Privacy 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.

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 reasonable steps to:

Protect your information from misuse, loss or unauthorised access, modification or disclosure both physically and through computer security methods; and
Destroy or permanently de-identify the information if it is no longer needed for any permitted purpose.

Notifiable Data Breaches Scheme

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, in accordance with the Privacy Act 1988.

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 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 Officer.

Changes to Privacy Policy

This Privacy Policy is current as at 24th 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.

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: privacy@merchantwise.com. 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).

Terms and Conditions

Introduction

http://www.merchantwise.com and it’s subdomains (“the Website”) is maintained and operated by Merchantwise Pty Ltd (ACN 622 026 242) of Level 1, 266 Chapel St, Prahran, 3181, Australia (“Merchantwise”, "we" or "us" including its directors, employees, servants and agents) and is a Website which provides information and audio visual content related to our brand licensing services (“Services”).

By registering your details with the Website or using the products or Services provided by Merchantwise you, the end user (“User”, “you” or “your”) agrees to be legally bound by the following Website terms and conditions, and Privacy Policy (collectively “Terms and Conditions" or “Agreement”). If you do not wish to be bound by these Terms and Conditions, you should not access or use the Website or Services.

Your use of the Website

In respect of your access and use of the Website, you acknowledge and agree that Merchantwise:

takes no responsibility for the accuracy or validity of any claims or statements contained in the documents, content and related graphics on the Website;
neither warrants nor represents that your use of any content displayed on its Website will not infringe rights of third parties;
does not guarantee continuous, uninterrupted or secure access to the Website or Services or that the Website or Services may not be interfered with factors outside the control of Merchantwise or that that this Website or the materials on it will be free from viruses;
has no obligation to monitor the Website, however, you agree that Merchantwise has the right to monitor the Website electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its users;
is not obliged to publish any material submitted by you and Merchantwise reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement; and
is not responsible for the content of external internet sites.

You also acknowledge and agree that:

any communication or material that you transmit to or post on this website by electronic mail or otherwise including any data, questions, comments, suggestions or otherwise, will be treated as non-confidential and non-proprietary information and you 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;
any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Website;
if you choose to use a workplace email address for your account or to access the Website, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities;
you agree to provide us with current, complete and accurate details, if asked to do so by the Website; and
all restrictions and licences granted by you and all of our disclaimers and limitations of our liability and duties of confidentiality will survive termination, although you will no longer be authorised to access this Website;

Prohibited Uses

Without limiting any other obligations, you must not:

data mine or conduct automated searches on the site or the content on the Website, whether through the use of additional software or otherwise or use any of the content on the Website for any purpose not contemplated by these Terms and Conditions;
create links from the Website to any other website, frame or mirror the Website without our prior written consent or violate the security or any security measures of this Website;
knowingly transmit any virus, Trojan horse, worm or other disabling feature to, through or from the Website;
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);
probe, scan or test the vulnerability of this Website or any of our systems or networks used to facilitate 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 or make unauthorised modifications to the Website;
use the Website or any facilities available on the Website for any activities, or transmit to or via the Website any information or materials (including submitting ads), which:

breach any laws or regulations or these Terms and Conditions;
infringe a third party's rights (including intellectual property rights, moral rights, rights of privacy or their trade secrets);
are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
are false or misleading;
are discriminatory in breach of State or Commonwealth anti-discrimination legislation;
identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority; or
attempt to do, or permit another person to do, any of the above acts.

Your obligations and warranties

You covenant and warrant that:

you access this Website at your own risk and you are responsible for compliance with this Agreement and the applicable laws of your jurisdiction; and
you will promptly advise us of any changes to your information provided to us as part of the mailing list process.

Indemnity

You agree to defend, indemnify and hold Merchantwise and its affiliates, suppliers and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any breach of your warranties, violation of this Agreement by you, or in connection with the use of the Website, 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.

No Warranty and Limited Liability

To the extent permitted by law:

we exclude all implied warranties, conditions and other terms, whether implied or by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance or those arising from a course of dealing or usage of trade. This may not apply to users in certain jurisdictions that do not allow the disclaimer of implied warranties;
we do not warrant or represent the suitability of the Website for any purpose;
we do not accept any liability (including, without limitation, liability in negligence) for any expenses, losses, damages, costs, accidents, injuries, deaths, fines, legal proceedings, suits, or any other law violations you suffered, incurred or made against you as a direct or indirect result of your access and use of this Website and its contents;
our liability, if any, to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise; and
we will not be liable to you for special, indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Website.

Termination

Merchantwise reserves the right to immediately terminate your access to the Website if you have breached any of the Website’s Terms and Conditions.

Recourse

If you are dissatisfied with the Website or with any terms, conditions, rules, policies, guidelines, or practices of Merchantwise in operating the Website, your sole and exclusive remedy is to discontinue using the Website.

Intellectual Property

All information on this Website is protected by copyright and other intellectual property rights. The content of the Website and namely, but not exclusively the information, texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, tools, methodologies, processes are the property of Merchantwise or its affiliated companies or are used with the authorisation of the owners, and accordingly are all protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable laws and treaties.

We reserve our rights in relation to all intellectual property contained 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. All other third party brand or company names mentioned herein are the trademarks of their respective owners.

Privacy

We may collect personal information about you through this Website, surveys or competitions or if you subscribe to any Services provided by us. This personal information may include your name, position, organisation, ABN/ ACN, organisation type, organisation size, location, contact details any other specifically requested information (“Personal Information”). Such Personal Information collected about you is subject to and governed by our Privacy Policy.

By your use of the Website, you consent to the collection and use of the Personal Information for storage, processing and use by us and our affiliates in accordance with the Privacy Policy. Therefore, it is necessary that you read and agree to the Privacy Policy prior to accepting these Terms and Conditions. Read the Privacy Policy in full by clicking here: [insert hyperlink to Privacy Policy].

Confidential Information

You authorise Merchantwise to collect from any party and to retain all relevant information relating to your use of the Website, and you hereby authorise any party to provide us with such information. Merchantwise cannot ensure or guarantee privacy for Merchantwise users but any information we do collect will be subject to the Privacy Policy.

It is therefore recommended that this Website not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and Merchantwise and its affiliates, suppliers and related companies shall be relieved of all liability in connection therewith.

No Agency

Nothing in the Terms and Conditions is intended to, or shall be deemed to, constitute an agency, partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.

No Assignment

This Agreement or any interest you have under this Agreement, may not be assigned, purported to be assigned, or otherwise transferred by you without our prior written consent, which may be withheld in our absolute discretion.

Variation

Merchantwise may amend or terminate the Services and these Terms and Conditions from time to time for any reason, without notice, including but not limited to, the right to terminate with or without notice, with no liability to you or any other User or any third party (except as otherwise mentioned herein), 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.

Miscellaneous

These Terms and Conditions, including any and all documents referenced herein, constitute the entire agreement between Merchantwise and the user pertaining to the subject matter hereof. Merchantwise’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms and Conditions were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.

Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. The parties irrevocably agree that the Victoria courts have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Terms and Conditions and any documents referred to in them. If you access the Website from outside Australia, you agree to be bound by the laws of Victoria, Australia. The United Nations Convention on Contracts for the International Sale of Goods or any other similar or replacement Convention, does not apply to these Terms and Conditions.

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