TERMS A

1 ACCESS

1.1 By accepting this agreement and accessing the wireless network, you acknowledge that:

• (a) You are of legal age;
• (b) You have read and understood this agreement; and
• (c) You agree to be bound by this agreement.

1.2 The wireless network service is provided by Hownd, Inc. (Hownd) subject to an internet connection provided by the venue where the MyHownd WiFi device is located (Venue). Your access is completely at Hownd’s and/or the relevant Venue’s discretion. Your access to the network may be blocked, suspended, or terminated at any time for any reason.

1.3 Your use of the wireless network is completely at your own risk.

1.4 You agree not to use the wireless network for any purpose that is unlawful or otherwise prohibited and you are fully responsible for your use.

1.5 The wireless network is provided "as is" without warranties of any kind, either expressed or implied.

2 DATA

2.1 In order to be granted access to the wireless network you are initially required to login using a social media account or email address supported by Hownd (e.g. Facebook or Google+) and agree to grant Hownd access to collect the data contained in that social media account initially and on each occasion that you reconnect to any of our Venues intentionally or automatically.

2.2 Hownd may use cookies (a small tracking code in your browser) to improve your experience while browsing, while also sending browsing data back to Hownd. You may manage how your cookies are handled in your own browser settings.

2.3 In consideration for your access to the wireless network, you grant Hownd a licence to use your browsing and social media data that Hownd collects (Data) for the purposes of marketing the goods and services of Hownd’s customers and Venues (Customers) to you (including offers and cross-promotion).

2.4 Hownd may also de-identify your Data in order to enable analysis by Customers of the datasets owned by, or licenced to Hownd for any purpose.

2.5 Hownd may also enrich your Data with data from third party data sources in order to enable analysis by Customers of the datasets owned by, or licenced to Hownd for any purpose.

2.6 You agree that Hownd may sub-licence access to your Data to its Customers without further compensation to you.

2.7 A Hownd Customer may only use your Data for the same purpose that you supplied it to Hownd to use (i.e. for marketing purposes) and may supply that data to a third party only for the purpose of marketing the relevant Customer’s goods or services to you.

2.8 Any dispute that may arise in relation to a Customer’s use of your data must be dealt with directly between you and the relevant Customer.

3 PRIVACY

3.1 Hownd maintains a Privacy Policy in compliance with the provisions of the Privacy Act 1988 (Cth) (Privacy Act) for the data that it collects about you, it’s Customers and other users.

3.2 The Privacy Policy does not apply to how a Customer handles personal information. It is the Customer’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.

3.3 Hownd makes no warranty as to whether a Customer’s use of your Data complies with the Customer’s privacy obligations at law or contract.

3.4 Any dispute that may arise in relation to a Customer’s use of your personal information must be dealt with directly between you and the relevant Customer.

TERMS B

MyHownd Terms of Service

Last Updated October 6, 2019

1. Acceptance of Terms.

1. Hownd, Inc. (“Hownd” or “we”) provides its Service (as defined below) to you through its web application, mobile application, and through its web sites located at http://www.myhownd.com/, http://www.hownd.com/, http://www.hownd.app/ or its subsidiaries (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
2. Hownd may change this TOS from time to time by providing thirty (30) days prior notice either by emailing the email address associated with your account or by posting a notice on the Site. The revised terms and conditions will become effective thirty (30) days after we send you notice or post such changes, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop using the Services and send a cancellation email to support@myhownd.com.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY HOWND SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF SERVICE CAREFULLY: (A)  LIMITATION OF LIABILITY AND (B) INDEMNIFICATION

2. Description of Service.

The “Service” includes (a) the Site, (b) Hownd’s merchant and consumer services and related technologies, and (c) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS. The Service is designed to provide merchants (“Merchant(s)”) with a platform for collecting customer information, communicating with customers and offering customers or prospective customers access to data, information, special deals, vouchers, coupons and offers (collectively, “Promos”). The Service is a platform through which certain merchants (“ Merchants ”) (a) sell vouchers for goods, services, or experiences (“ Vouchers ”), (b) sell gift cards (“ Merchant Gift Cards ”), (c) sell goods and services directly to you (“ Merchant Products ”), (d) make available coupons, promotional codes, giveaways, events, samples, and offers (“ Coupons ”), (e) sell dining experiences for specific dates and times (” Reservations “), (f) sell food, beverage and other products for delivery and takeout (“ Online Ordering ”),  and (g) sell services or events for specific dates and times (“ Bookings ” or “ Events “) (collectively (a)-(g), “Merchant Offerings”). Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided. Vouchers may be distributed by Hownd or its affiliates. More information about the distributor of a particular Voucher is available upon request. Hownd is not an agent of Merchants. Certain Merchant Offerings, Products, other available programs and pricing on the Site may change at any time in Hownd’s sole discretion, without notice.

 

3. General Conditions/ Access and Use of the Service.

As a condition of your use of the Site, you agree that:

1. You have reached the age of majority in the state or province in which you reside;
2. You are able to create a binding legal obligation;
3. You are not barred from receiving products or services under applicable law;
4. You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any other functionality;
5. Your use of the Site will at all times comply with these Terms of Service;
6. You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
7. You will only make purchases on the Site for your own use and enjoyment or as a gift for another person;
8. You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current, and complete;
9. You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
10. You will only purchase a Merchant Offering, Product, or participate in other available programs through the Site by creating an account on the Site, and any purchase will be subject to the applicable Terms of Sale set forth in these Terms of Service.

In addition:

11. 11. As part of the registration process, you will create a username and password for your account (“Account”). Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Hownd. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise exploit or make the Service available to any third party; (b) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Hownd provides you or publishes in connection with the Service, and you shall promptly notify Hownd if you learn of a security breach related to the Service.
    12. Any software that may be made available by Hownd in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property, patent, and other laws. Subject to the terms and conditions of this TOS, Hownd hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Hownd for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Hownd or any third party is granted to you in connection with the Service.
    13. You are solely responsible for all personal information, data, feedback, suggestions, text, content and other materials that you upload, post, submit, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service (“Your Content”). For all content sent via the Services, you acknowledge and agree that Hownd shall have the right to automatically add reasonable branding and an identifying footer in accordance with our standard policies then in effect and may use or share this information with other parties in order to reach a broader audience. 
    14. You are responsible for maintaining the confidentiality of your login, password and Account and for all activities that occur under your login or Account. Hownd reserves the right to access your Account in order to respond to your requests for technical support. By posting Your Content on or through the Service, you hereby do and shall grant Hownd a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content. Hownd has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that Hownd may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
    15. You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Hownd’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Hownd will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
    16. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment and for all uses of your Account or the Equipment.
    17. The failure of Hownd to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Hownd, even though it is electronic and is not physically signed by you and Hownd, and it governs your use of the Service.
    18. Subject to the terms hereof, Hownd may (but has no obligation to) provide technical support services, through email or telephone in accordance with our standard practice.

4. Your Privacy.

We take the privacy of your Personal Information (defined in the Privacy Policy) seriously. We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Policy is incorporated in and subject to these Terms of Service, and available at https://myhownd.com/privacy-policy/

5. Terms of Sale.

By purchasing or obtaining any Merchant Offering or Product via the Site, you agree to these Terms of Service, including, without limitation, the Terms of Sale, available at http://myhownd.com/terms-of-sale/

6. Copyright and Trademarks.

The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. Hownd owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Hownd or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.Hownd owns trademarks, registered and unregistered, in many countries and “HOWND,” the Hownd logos, variations, and taglines thereof found on the Site are trademarks owned by Hownd, Inc. or its related entities and all use of these marks inures to the benefit of Hownd. Other marks on the site not owned by Hownd may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Hownd unless otherwise stated, or may be the property of their respective owners. You may not use Hownd’s name, logos, trademarks or brands, or trademarks or brands of others on the Site without Hownd’s express permission.

7. User Content.

The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site (collectively, “User Content”) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a Hownd account to submit User Content.If you contribute any User Content, you will not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Hownd does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Service. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit, or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbors viruses or any other computer codes, files, or programs designed to intercept, misappropriate, interrupt, destroy or limit the functionality of any software or computer equipment.Hownd shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content, and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Service and any operating rules established by Hownd, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Hownd shall have the right to remove any material from the Communities or any other Hownd controlled sites, in its sole discretion. Hownd assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Hownd has no obligation to use User Content and may not use it at all.In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. Hownd makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.Public Nature of Your User Content.– You understand and agree that User Content is public. Any person (whether or not a user of Hownd’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. Hownd is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.– Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Hownd. Other users may post User Content that is inaccurate, misleading, or deceptive. Hownd does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of Hownd. Hownd does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.License Grants.– Some User Content you submit to Hownd may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including, without limitation, your name, initials, username, social networking website user account name, image, likeness, preferences, voice, and location. You grant Hownd a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to use, commercial use, display and distribute any Personal Information in connection with your User Content in accordance with these Terms of Service, including, without limitation, a right to offer for sale and to sell such rights in Personal Information, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, Hownd shall have no obligation to use your Personal Information in connection with any User Content.– As between you and Hownd, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant Hownd a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale, and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Hownd’s license in any User Content or Personal Information submitted includes, without limitation, use for promotions, advertising, marketing, market research, merchant feedback, quality control, or any other lawful purpose.– As detailed in Section 4, contributing User Content or other information on or through the Site, is limited to individuals who are over the age of majority in the state or province in which they reside. The Site is designed and intended for adults. By contributing User Content or other content on or through the Communities, you affirm that you are over the age of majority in the state or province in which you reside. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least the age of majority in the state or province in which he or she resides.

8. Unsolicited Ideas.

We do not accept or consider, directly or through any Hownd employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form ( “Unsolicited Materials” ). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them: – Hownd has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and – Hownd will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.

9. DISCLAIMER OF WARRANTIES.

The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Hownd or by third-party providers, or because of other causes beyond our reasonable control, but Hownd shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption HOWEVER, THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND HOWND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YOU ACKNOWLEDGE THAT HOWND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM HOWND OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

 

10. LIMITATION OF LIABILITY.

 

1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL HOWND BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
2. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, HOWND’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Indemnification.

You shall defend, indemnify, and hold harmless Hownd from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service. Hownd shall provide notice to you of any such claim, suit or demand. Hownd reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Hownd’s defense of such matter.

12. U.S. Government Matters.

You may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by Hownd on any Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this TOS and will be prohibited except to the extent expressly permitted by the terms of this TOS.

13. Assignment.

You may not assign this TOS without the prior written consent of Hownd. Hownd may assign or transfer this TOS, in whole or in part, without restriction.

14. Miscellaneous

. If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Hownd in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

15. Governing Law.

This TOS shall be governed by the laws of the State of Arizona in the United States of America without regard to the principles of conflicts of law. Unless otherwise elected by Hownd in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Arizona for the purpose of resolving any dispute relating to your access to or use of the Service.

 

1.1. PoweredLocal ABN 50 614 040 292 (we, us or our) has adopted this Privacy Policy to ensure that we have standards in place to protect the Personal Information that we collect about individuals that is necessary and incidental to:

1. Providing the system and services that we offer; and
2. The normal day-to-day operations of our business.

1.2 This Privacy Policy follows the standards of the Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy Act).

1.3 By publishing this Privacy Policy we aim to make it easy for our customers and the public to understand what Personal Information we collect and store, why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their Personal Information in our possession.

2 WHO AND WHAT THIS POLICY APPLIES TO

2.1 Our Privacy Policy deals with how we handle “personal information” as it is defined in the Privacy Act (Personal Information).

2.2 We handle Personal Information in our own right and also for and on behalf of our customers and users.

2.3 Our Privacy Policy does not apply to information we collect about businesses or companies, however it does apply to information about the people in those businesses or companies which we store.

2.4 The Privacy Policy applies to all forms of information, physical and digital, whether collected or stored electronically or in hard copy.

2.5 If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person’s consent to provide such information for the purpose specified.

2.6 Our website and services are unavailable to children (persons under the age of 18 years) without their parent or guardian’s consent.

3 THE INFORMATION WE COLLECT

3.1 In the course of business it is necessary for us to collect Personal Information. This information allows us to identify who an individual is for the purposes of our business, share Personal Information when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:

1. Personal Information. We may collect personal details such as an individual’s name, location, date of birth, nationality, family details and other information defined as “Personal Information” in the Privacy Act that allows us to identify who the individual is;
2. Contact Information. We may collect information such as an individual’s email address, telephone & fax number, third-party usernames, residential, business and postal address and other information that allows us to contact the individual;
3. Financial Information. We may collect financial information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services;
4. Statistical Information. We may collect information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes; and
5. Information an individual sends us. We may collect any personal correspondence that an individual sends us, or that is sent to us by others about the individual’s activities.

3.2 We may collect other Personal Information about an individual, which we will maintain in accordance with this Privacy Policy.

3.3 We may also collect non-Personal Information about an individual such as information regarding their computer, network and browser. This may include their IP address. Where non-Personal Information is collected the Australian Privacy Principles do not apply.

4 HOW INFORMATION IS COLLECTED

4.1 Most information will be collected in association with an individual’s use of PoweredLocal, an enquiry about PoweredLocal or generally dealing with us. However we may also receive Personal Information from sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners. In particular, information is likely to be collected as follows:

1. Registrations/Subscriptions. When an individual registers or subscribes for a service, account, connection or other process whereby they enter Personal Information details in order to receive or access something, including a transaction;
2. Supply. When an individual supplies us with goods or services;
3. Contact. When an individual contacts us in any way;
4. Access. When an individual accesses us physically we may require them to provide us with details for us to permit them such access. When an individual accesses us through the internet we may collect information using cookies (if relevant – an individual can adjust their browser’s setting to accept or reject cookies) or analytical services; and/or
5. Pixel Tags. Pixel tags enable us to send email messages in a format customers can read and they tell us whether mail has been opened.

4.2 As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected.

4.3 Where we obtain Personal Information without an individual’s knowledge (such as by accidental acquisition from a client) we will either delete/destroy the information, or inform the individual that we hold such information, in accordance with the Australian Privacy Principles.

5 WHEN PERSONAL INFORMATION IS USED & DISCLOSED

5.1 In general, the primary principle is that we will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.

5.2 We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

5.3 If it is necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Australian Privacy Principles in the course of our business, we will inform you that we intend to do so, or have done so, as soon as practical.

5.4 We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances.

5.5 Information is used to enable us to operate our business, especially as it relates to an individual. This may include:

1. The provision of goods and services between an individual and us;
2. Verifying an individual’s identity;
3. Communicating with an individual about:
   1. Their relationship with us;
   2. Our goods and services;
   3. Our own marketing and promotions to customers and prospects;
   4. Competitions, surveys and questionnaires;
4. 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; and/or
5. As required or permitted by any law (including the Privacy Act).

5.6 There are some circumstances in which we must disclose an individual’s information:

1. Where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;
2. As required by any law (including the Privacy Act); and/or
3. In order to sell our business (in that we may need to transfer Personal Information to a new owner).

5.7 We will not disclose an individual’s Personal Information to any entity outside of Australia that is in a jurisdiction that does not have a similar regime to the Australian Privacy Principles or an implemented and enforceable privacy policy similar to this Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of Australia will not be made until that entity has agreed in writing with us to safeguard Personal Information as we do.

5.8 We may utilise third-party service providers (such as Gmail from Google, Inc., and MailChimp from The Rocket Science Group LLC) to communicate with an individual and to store contact details about an individual. These service providers are located in the United States of America.

6 OPTING “IN” OR “OUT”

6.1 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:

1. Opt In. Where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or
2. 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.

6.2 If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us using the details below.

7 THE SAFETY & SECURITY OF PERSONAL INFORMATION

7.1 We may appoint a Privacy Officer to oversee the management of this Privacy Policy and compliance with the Australian Privacy Principles and the Privacy Act. This officer may have other duties within our business and also be assisted by internal and external professionals and advisors.

7.2 We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.

7.3 PoweredLocal uses 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.

7.4 We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.

7.5 If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.

7.6 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.

8 HOW TO ACCESS AND/OR UPDATE INFORMATION

8.1 Users of PoweredLocal can update their Personal Information from within their PoweredLocal account or profile.

8.2 Subject to the Australian Privacy Principles, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information within 28 days of receiving their written request.

8.3 If an individual cannot update their 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.

8.4 It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.

8.5 We may charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them.

9 COMPLAINTS AND DISPUTES

9.1 If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details below.

9.2 If we have a dispute regarding an individual’s Personal Information, we both must first attempt to resolve the issue directly between us.

9.3 If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.

10 CONTACTING INDIVIDUALS

10.1 From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.

11 CONTACTING US

11.1 All correspondence with regards to privacy should be addressed to:

The Privacy Officer
PoweredLocal
231 Chapel Street
Prahran, VIC 3181
hi@poweredlocal.com

You may contact us via email in the first instance.

12 ADDITIONS TO THIS POLICY

12.1 If we decide to change this Privacy Policy, we will post the changes on our webpage at https://www.poweredlocal.com Please refer back to this Privacy Policy to review any amendments.

12.2 We may do things in addition to what is stated in this Privacy Policy to comply with the Australian Privacy Principles, and nothing in this Privacy Policy shall deem us to have not complied with the Australian Privacy Principles.