1.2. This policy sets out the principles that ArchNOllie has adopted in order to protect information about its customers and individuals generally. This policy applies to all personal information under the control of ArchNOllie.
1.3. In this policy “us” and “we” refers to ArchNOllie.
1.4. ArchNOllie is bound by the Privacy Act 1988 (Cth) (“Act”) and is committed to complying with the Act and protecting the privacy of personal information that it collects and holds.
1.5. We may, from time to time, review and update this policy. All personal information held by us will be governed by the most recently updated policy.
2.1. what information we collect;
2.2. how we collect personal information;
2.3. how we use personal information;
2.4. the disclosure of personal information;
2.5. your right of access to your personal information;
2.6. your right to inspect and, where necessary, correct the personal information that we hold about you;
2.7. your right to have your personal information protected from misuse or unauthorised access; and
2.8. your right to have your privacy complaints investigated and resolved.
3.1. ArchNOllie will only collect personal information that is necessary for the operation of its business, as determined by ArchNOllie at its sole discretion.
3.2. Personal information we collect about you may include your name, date of birth, address, telephone number, gender, email address and credit card details including any other information from which your identity is apparent or can be reasonably ascertained (Personal Information).
3.3. Personal Information will only be collected under lawful and fair means and not in an unreasonably intrusive way. The Personal Information collected will be related directly to the specified purpose it has been collected for, and only information specifically required for that purpose will be collected.
3.4. We also collect information that is not Personal Information such as data generated in relation to your activity on www.archnollie.com (Website) (Other Information).
3.5. Other Information we collect may include:
3.5.1. the internet protocol address and a component of the domain name used (e.g. .com or .net);
3.5.2. the type of browser and operating system you used;
3.5.3. the date and time you visited the Website;
3.5.4. the web pages or services you accessed at the Website; and
3.5.5. the time spent on individual pages and the Website overall.
4.1. ArchNOllie only collects Personal Information provided or generated by you.
4.2. The Personal Information may be provided by you using the Website, telephone, or in writing.
4.3. If at any time you provide Personal Information about anyone other than yourself, you warrant to us that you have that person’s consent to provide such information for the purpose specified.
5.1. The primary purpose for collecting your Personal Information is to provide you with the goods that you have requested or purchased and to maintain a record of individuals who have participated in any features on our Website (Primary Purpose). This extends to the processing of credit card and EFTPOS sales transactions, placement of customer orders, mailing list membership to inform you of sales, promotions and the latest products, and general business correspondence.
5.2. In addition to the Primary Purpose, we may use the Personal Information we collect and you consent to us using your Personal Information to (where applicable):
5.2.1. provide you with news about our products;
5.2.2. send you marketing and promotional material that you may be interested in;
5.2.3. communicate with you, including by email, telephone and mail;
5.2.4. manage and enhance our products or your experience on our Website;
5.2.5. conduct competitions or promotions;
5.2.6. verify your identity;
5.2.7. investigate any complaints about, or made by you, or if we have reason to suspect you have breached our terms and conditions; or
5.2.8. as required or permitted by any law.
6.1. The Personal Information that we collect from you is within the strictest confidence. We will not reveal, disclose, sell, share or pass on any Personal Information to third parties other than those who are contracted to ArchNOllie to keep your Personal Information confidential.
6.2. You will generally be given the opportunity to “opt out” from receiving communications from us in accordance with this policy. You may “opt out” by clicking a link on the email communications sent to you or by writing to us at firstname.lastname@example.org
6.3. Your email address will only be used for the purpose for which you have provided it and it will not be added to a mailing list or used for any other purpose without your consent.
6.4. ArchNOllie will take reasonable steps to ensure that the Personal Information we collect, use or disclose is accurate, complete and up to date for the purpose for which it is to be used both at the time of collection and before each use. When no longer required, upon request relevant information will be destroyed or made anonymous in a controlled and secure manner in order to prevent any unauthorised persons having access to that information.
7.1. You have a right to access your Personal Information, subject to certain exceptions provided for in the Act.
7.2. If you require access to your Personal Information, please contact ArchNOllie at email@example.com
7.3. You are required to put your request in writing and provide proof of identity.
7.4. We request that you keep your Personal Information as current as possible.
7.5. You may, upon inspection of the Personal Information we hold about you, write to us to correct any errors in the Personal Information.
8.1. Other than in relation to Other Information, we will take all reasonable steps to protect the Personal Information that we hold from misuse, loss or unauthorised access and disclosure including by means of password access and secure servers.
8.2. You acknowledge that the security of communications sent by electronic means or by post cannot be guaranteed. We cannot accept responsibility for misuse, loss or unauthorised access to or your Personal Information where the security of information is not within our control.
8.3. If you suspect any misuse or loss of your Personal Information in connection with the Website please contact us immediately.
9.1. If you have a complaint about how we collect, use, disclose, manage or protect your Personal Information please contact us in writing.
9.2. We will respond to any written complaint within 7days of receiving the complaint.
9.3. All requests for access to personal information should be made in writing to ArchNOllie to the address below.
If a provision within this policy should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision will be severed from the Website and the rest of this policy shall survive and remain in full force and effect and continue to be binding and enforceable.
Please forward all correspondence in respect of this policy to [firstname.lastname@example.org].
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Naughtons Gap, New South Wales before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ArchNOllie’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.