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Privacy Policy Outspoken Entourage

 

Outspoken Entourage Pty Ltd is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

 

 

 

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

 

 

 

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

 

 

 

What is Personal Information and why do we collect it?

 

 

 

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.

 

 

 

This Personal Information is obtained in many ways including correspondence by telephone, by email, via our website outspokenentourage.com.au, from events and from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.

 

 

 

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing. We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

 

 

 

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

 

 

 

Sensitive Information

 

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

 

 

 

Sensitive information will be used by us only:

 

 

 

• For the primary purpose for which it was obtained

 

• For a secondary purpose that is directly related to the primary purpose

 

• With your consent; or where required or authorised by law.

 

 

 

Third Parties

 

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

 

 

 

Disclosure of Personal Information

 

Your Personal Information may be disclosed in a number of circumstances including the following:

 

• Third parties where you consent to the use or disclosure; and

 

• Where required or authorised by law.

 

 

 

Security of Personal Information

 

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

 

 

 

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

 

 

 

Access to your Personal Information

 

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

 

Outspoken Entourage Pty Ltd will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

 

In order to protect your Personal Information we may require identification from you before releasing the requested information.

 

 

 

Maintaining the Quality of your Personal Information

 

It is an important to us that your Personal Information is up to date. We will  take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

 

 

 

Policy Updates

 

This Policy may change from time to time and is available on our website.

 

 

 

Privacy Policy Complaints and Enquiries

 

If you have any queries or complaints about our Privacy Policy please contact us at:

 

 

 

Outspoken Entourage Pty Ltd

 

chat@outspokenentourage.com.au

 

0437 820 989

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will  take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

 

 

terms & conditions

1. General

1.1. These terms and conditions apply to every activity undertaken and Advertisements published in accordance with this Order.

1.2. Publisher has the right to amend these conditions at any time. Notification of amendment shall be provided to Advertisers if they impact a current Order in which case they will only apply to advertising booked or published after the date when notice of the changed terms has been provided to the Advertiser. Where rates payable under the Order are to be amended, Publisher will provide at least 30 days prior written notice to Advertiser. The Advertiser may terminate any Order, within 30 days of the notice of the changed terms (including rates payable) having been provided, if the changed terms reasonably considered would have a negative impact on the Advertiser (which, for the avoidance of doubt, includes where rates payable are increased).

 

2. Term and termination of Order

2.1. Each Order commences on the first to occur of:

(a) The date it is signed or authorised (using any media or technology) by or on behalf of the Advertiser, or

(b) The date the Publisher starts providing some or all of the advertising services under and in accordance with the Order, whichever comes first.

2.2 This Order will continue until Advertiser or Publisher provides the other with at least 30 days prior written notice that this Order will terminate, provided that such termination cannot take effect prior to the date which is 90 days after the Campaign Start Date as displayed on Advertiser’s paperwork, subject to the remainder of these terms.

2.4. Either party may, by written notice to the other, terminate any Order if the other party is in material breach of its obligations under the Order or these terms and conditions and, where capable of being remedied, the other party does not remedy that breach within 7 days after written notice of such breach.

2.5. Publisher may, by written notice to the Advertiser, terminate any Order if the Advertiser suffers an insolvency event or has a reasonable belief that the Advertiser is no longer able to pay its debts as and when they fall due.

2.6. Publisher reserves the right to suspend or cancel any aspect of an Order where

a.        Publisher considers Advertiser becomes a credit risk; or

b.         Advertiser’s advertisements pose a reputational risk or other unacceptable risk for Publisher; or

c.         Publisher is no longer able to deliver the advertising services; or

d.         any other clause of these terms or any other agreement with Publisher enables the Publisher or Outspoken Entourage Pty. Ltd to suspend or cancel an Order.

Publisher will reduce the amount payable by Advertiser under the Order on account of that cancellation or suspensions under clauses (a)-(d) above.

 

3. Process

Advertiser authorises Publisher to dispose of any materials supplied to Publisher relating to any advertisement (including illustrations, copy, photographs, artwork, and press-ready PDF digital files) following publication of an advertisement. Publisher is not required to retain or return to Advertiser any such materials.

 

4. Publisher rights and discretions

4.1. Every Advertisement submitted for publication is subject to Publisher’s approval. Publisher may at its absolute discretion at any time:

a. refuse to publish or distribute any advertisement without giving any reason (in which case, no charge to Advertiser will be incurred); or

b. cancel a campaign (in which case, no charge to Advertiser will be incurred for the unpublished portion of the campaign);

4.2. Publisher owes no duty to Advertiser to review, approve or amend any Advertisement and no review, approval or amendment by Publisher will affect Advertiser’s responsibility for the content of the Advertisement.

4.3. Publisher may, but is not obliged to, under pressure of deadline and without prior consultation or notice to Advertiser, amend any Advertisement in any terms whatsoever, if Publisher perceives it to be (i) in breach of any law of Australia or of any state (whether civil or criminal), (ii) in breach of any pre-existing publishing agreement entered into by Publisher, (iii) defamatory, (iv) in contempt of court or parliament, (v) otherwise likely to attract legal proceedings of any kind, (vi) offensive. Should Publisher so amend the Advertisement, the agreed price shall not be reduced.

4.4. Publisher has the right, and the right to permit other persons, to republish any Advertisement in any print, electronic or digital form for any purpose using any media and in any part of the world.

4.5. Advertiser permits Publisher to set up and operate AdWords and similar accounts (Relevant Accounts) and Google Analytics and similar services in the course of providing Services under this Agreement. Advertiser will ensure that Publisher (and their employees) are the only persons entitled to access and manage the Relevant Accounts. Advertiser acknowledges and agrees that Publisher retains ownership of all Relevant Accounts and all content of those Relevant Accounts. The Advertiser will have access to their Google Analytics and similar services accounts for the term of the campaign and may continue to access those Google Analytics and similar services accounts after the term has ended

 

5. Deadlines & Specifications

5.1. Publisher imposes various deadlines (including for the provision to the Publisher of bookings for Advertisements and material for Advertisements, changes or variations to Advertisements) and specifications (including for size). All deadlines and specifications must be met by Advertiser. Subject to clause 10.1, Publisher is under no obligation in relation to material or information received after relevant deadlines or not in accordance with the relevant specifications. If creative is received after the deadline or not in accordance with specifications and results in a campaign being delayed, the publication of the advertisement will be considered to have commenced as of the date on the Order. An Order may specify different start dates for different elements of a campaign. For any element of a campaign without a specified commencement date, the commencement date will be the commencement date of the Order.

5.2  Where deadlines or specifications for any element of the Order are not met by Advertiser (including install of Advertising Code provided by Publisher or approval of Proofs) prior to the due commencement date of that element of the campaign under the Order, that element of the campaign may be delayed without impacting the commencement of any other element of the campaign.  Where this occurs, Publisher will reduce the total amount payable under the Order accordingly. Where one or more elements of an Order are delayed by Outspoken Entourage, subject to clause 10.1, Outspoken Entourage will either change the start and end dates of those elements or reduce the fees, acting reasonably and after consulting with the Advertiser.

5.3. Deadlines and specifications may be changed by Publisher providing reasonable prior written notice to the Advertiser.

5.4. Publisher accepts no responsibility for any error when instructions or copy have or has been provided over the telephone unless Publisher receives written confirmation of the instructions or copy before the deadline.

5.5. It is the responsibility of the Advertiser to notify Publisher of any error immediately after it appears. Unless so notified, Publisher accepts no responsibility for any recurring error or any Loss relating to that recurring error.

5.6. Cancellations by the Advertiser can only be made by giving Publisher 30 days’ prior written notice. Publisher will act on such cancellation within this 30 day period or at the campaign’s monthly renewal date, whichever is sooner.

 

6. Order fulfilment

6.1. Where Publisher provides Advertiser with any Advertising Code, Advertiser warrants that:

(a) it will ensure an experienced and appropriately skilled web developer or other digital technician installs the Advertising Code in accordance with any instructions of Publisher and all relevant industry practice;

(b) it will comply with its obligations under paragraph (a) promptly and in any case within any time period agreed with Publisher;

(c) it is entitled to install such Advertising Code and the use of such Advertising Code is compliant with all relevant laws and the terms and conditions and disclosures made by the Advertiser to users of and visitors to its digital properties which will deploy or be otherwise impacted by the Advertising Code;

(d) it agrees and acknowledges that, subject to clause 10.1, Publisher and its employees assume no liability for inaccurate placement of any Advertising Code on the Advertiser’s websites, which the Advertiser understands may lead to data not being collected or the website suffering functionality or content issues.

6.2. Publisher has no responsibility or liability in relation to a breach by Advertiser of clause 6.1 (a)-(c). , unless the breach is directly caused by Publisher.

6.3. Where Publisher sources and/or provides content from any public source branded with the Advertiser’s brand, goods or services including publically facing websites, apps and social media platforms, Advertiser grants all necessary permissions and licenses for Publisher:

(a) to collect such content; and

(b) to use such content in any manner to enable it to comply with its obligations under this Order including publishing on any platform anywhere in the world.

Advertiser will notify Publisher of any materials on those websites, apps and social media platforms which cannot be used by Publisher for the purposes of the Order fulfilment.

6.4. Where the Order includes relevant services relating to the Advertiser’s social media activity or presence (Ordered Social Media Platform Accounts) then Advertiser:

(a) will provide to Publisher all Ordered Social Media Platform Accounts details including usernames and passwords to allow Publisher to access and manage such Ordered Social Media Platform Accounts. Unless otherwise stated in the Order, Advertiser will ensure that Publisher is the only person or party entitled to access and manage such Ordered Social Media Platform Accounts except that Advertiser may still post to the Ordered Social Media Platform Accounts;

(b) permits Publisher to establish new social media accounts on any platform in the name of the Advertiser and to agree to the relevant platform’s terms and conditions on behalf of Advertiser;

(c) will comply with any third party platform provider or third party publisher terms and conditions as notified by the Publisher to the Advertiser from time to time; and

(d) the Advertiser must ensure that all persons whose email addresses or telephone numbers are supplied by the Advertiser for messaging by the Publisher for the Advertiser through Ordered Social Media Platform Accounts have provided and have not withdrawn consent to receive commercial and marketing messaging from the Advertiser and its contractors, including the Publisher. Advertiser must update Publisher of all changes in consents. Advertiser warrants that it holds consents from those to be sent messages for their information to be sent outside Australia for messaging on behalf of Advertiser.

6.5. Where the Order includes relevant services relating to Ordered Social Media Platform Accounts then Advertiser acknowledges and agrees that Publisher may:

(a) link to third party content and media from the Ordered Social Media Platforms;

(b) include on Ordered Social Media Platforms content or links from third party sites or platforms;

(c) supply Advertiser with Advertising Code to assist in maximizing the impact of the products and services which are the subject of this Order.

6.6. Advertiser will notify Publisher promptly on becoming aware of any:

(a) inappropriate conduct or content on any Ordered Social Media Platform Accounts;

(b) unauthorised access to any Ordered Social Media Platform Accounts;

(c) security breach in relation to its passwords or usernames, and Publisher will take reasonable steps to remove any inappropriate content, report (where appropriate to do so) users of the Ordered Social Media Platform Accounts to the platform operator and change usernames and passwords. Action can take a number of days in this regard.

 

7. Proofs and sign-off

7.1. Unless stated to the contrary in the Order, Publisher will request Advertiser’s approval of any creative materials prior to using those creative materials to provide services under the Order.

7.2 Where Publisher requests Advertiser’s approval under clause 9.1 and Advertiser fails to respond to Publisher within 5 business days of such request as to whether or not such materials are or are not approved, Publisher may still use those materials to provide services under the Order provided:

(a) Publisher provides at least 2 business days’ prior notice to Advertiser that it will be using such materials to fulfill the Order;

(b) such materials are only used in a digital environment where they can be amended on at least 2 business days’ notice from the Advertiser; and

(c) such materials are in the same form and content as an approved and published print or digital ad of the Advertiser modified only with respect to formatting and inserting of hyperlinks.

7.3. Where Publisher fails to provide a requested proof or other materials for approval in accordance with clause 9.1, and the published Advertisement substantially conforms to the copy provided by the Advertiser or generally complies with the requirements of the Order, or where the circumstances of clause 9.2 are met, then Advertiser is liable to pay the full cost of the Advertisement.

 

8. Intellectual Property

8.1. Publisher owns and retains all copyright and other intellectual property rights in relation to any Advertisements produced by Publisher or any materials provided by Publisher for use in an Advertisement. Advertiser obtains no rights in relation to those advertisements produced by Publisher or in relation to content from Publisher. This clause does not in any way derogate from Advertiser’s obligations or liabilities in relation to such Advertisements.

8.2. As between Advertiser and Publisher, Publisher owns all intellectual property rights in:

(a) the Outspoken Entourage trade mark and logo;

(b) all content and materials created by Publisher in relation to the Order and the fulfilment of the Order;

(c) in results, reports or data generated, prepared or provided by or on behalf of Publisher relating to the Advertiser, the Advertisements or the Order (and fulfilment thereof).

8.3. Where results, reports or data are provided to Advertiser as part of the services included in the Order, Publisher provides to Advertiser a perpetual, royalty free, worldwide license to use those results, reports or data for internal business purposes of the Advertiser only.

8.4. Publisher may use any results, reports or data without restriction provided that any disclosure to any person not employed by or contracted to or providing services to Outspoken Entourage will not identify the Advertiser (except where the Advertiser has provided consent to such disclosure).

 

9. Rates, invoices and GST

9.1. Advertisers agree to pay accounts rendered by the Publisher in accordance with clause 9.2, unless the payment terms for a campaign require ongoing pre-payment in full prior to fulfillment (in which case pre-payment is required). Invoices will be issued calculated at a daily rate derived from the pricing specified in the Order unless expressly stated to the contrary.

9.2. Where an invoice is rendered by the Publisher, the Advertiser agrees to pay within 7 days after receipt of such invoice. This does not apply where the payment terms for a campaign require ongoing pre-payment in full prior to fulfillment (in which case pre-payment is required).

9.3. Any dispute the Advertiser has with an invoice must be raised with Publisher promptly and no later than 7 days after the invoice date.

9.4. All rates and charges are expressed by the Publisher as GST inclusive (except where otherwise made clear). Publisher will issue a valid tax invoice in relation to any supply of advertising or related services under these terms which are subject to GST.

9.5. Advertiser agrees to pay any GST liability arising in relation to the provision by Publisher of advertising services under these terms.

9.6. Where an Advertiser fails to pay an account by the due date or fails to comply with any relevant terms and conditions, Publisher may, at its absolute discretion, cancel or suspend any booked advertising or refuse to accept any further advertising of the Advertiser.

9.7. You may suspend your campaign for a minimum of 7 days and a maximum of 60 days but you may only make one suspension in any given monthly billing cycle. If you suspend your campaign:

(a) you will not be charged for the period of the suspension; and

(b) if your campaign has a set start and end date, then your end date will be automatically changed to be the date which is the number of days of your suspension after the previously agreed end date.

You can only suspend your campaign in its entirety, not by part.

In order to suspend your campaign and billing as set out in this clause 11.7, you must provide written notice of your suspension request to both your Campaign Manager and Digital Account Manager at least 3 business days prior to the date you want the suspension to commence. Email notification is sufficient for this purpose.

Despite anything else, your campaign can not be cancelled while suspended. The standard cancellation policy will continue to apply during a suspension.

 

10. Limitation of liability

10.1. Nothing in these terms and conditions excludes or varies any rights or remedies under the Australian Consumer Law in the Competition and Consumer Act (2010) (Australian Consumer Law) which cannot be excluded, restricted or modified. Publisher excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from an Advertiser’s use of or acquisition of or in relation to the ordering or booking of any advertising services (including under an Advertising Expenditure Agreement) from the Publisher whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible and subject to Outspoken Entourage’s liabilities and obligations under the Australian Consumer Law, the remaining provisions of this clause 13 shall apply.

10.2. Subject to clause 10.1, Publisher makes no representation or warranty of any kind and in particular makes no representation or warranty:

a. in relation to the final placement, positioning or date of publication or distribution of an advertisement;

b. in relation to the number of visitors to its websites or the number of impressions at any site;

c. exclusivity;

d. regarding how an Outspoken Entourage service or how any Advertisement or Advertising Material will be presented to end-users or that all features of an Outspoken Entourage service or any Advertisement or Advertising Material will be available to all end-users.

10.3. Subject to clause 10.1, Publisher’s liability for a breach of a term or guarantee implied by law is limited at Publisher’s discretion, to the supply of the service again or payment for the cost of having the service supplied again.

10.4. Subject to clause 10.1, Publisher has no responsibility or liability to Advertiser in relation to:

a. Publisher exercising its rights under these terms; or

b. any failure of telecommunications services or systems which affect the receipt by Publisher of any material, a notice or communication of any kind or the publication of an advertisement or campaign; or

c. any content provided by a third party on an Advertiser’s digital properties, provided the Publisher, where it is able to do so, removes that content within a reasonable period of time after being asked to do so by the Advertiser.

 

11. Warranty & Indemnity

11.1. Advertiser warrants that it will only use the advertising space and services which it acquires under this Order to advertise its own brands, goods or services and may not sell or otherwise deal with that advertising space.

11.2. Advertiser warrants that the Advertising Material complies with all relevant laws and regulations and that its publication in accordance with these terms will not give rise to any claims against or liabilities of Publisher, its directors, employees or agents. Without limiting the generality of the above, advertisers and or advertising agencies warrant that none of the Advertising Materials, nor the use of them (including passwords and usernames) as contemplated by this Order, or the compliance by Advertiser with these terms or the Order breaches or will breach the Competition and Consumer Act 2010, Privacy Act 1988, Copyright Act 1968, any other relevant law or infringes the rights of any person.

11.3. Advertiser indemnifies Publisher, its directors, employees and agents and those of its related bodies corporate against all claims, demands, proceedings, costs (including solicitors and own client costs), expenses, damages awards, judgments and any other liability whatsoever arising wholly or partially, directly or indirectly, from or in connection with the publication of an Advertisement or a breach of any provision of the Order or these terms and conditions (including without limitation clause 14.1 and14.2) except to the extent caused by the Publisher.

 

12. Privacy Statement

12.1. Publisher (we) collects personal information about Advertiser (you), including for example Advertiser’s name and contact details which you provide when registering or using our services as well as information from data houses, social media services, our affiliates and other entities you deal or interact with for example by using their services. We collect and use that information to provide you with our goods and services, to promote and improve our goods and services, to provide you with targeted advertising based on your online activities, for the purposes described in our Privacy Policy and for any other purposes that we describe at the time of collection. We may disclose your information to our related companies. Any of us may contact you for those purposes (including by email and SMS) at any time. Our Privacy Policy also explains that if you do not provide us with information we have requested from you, we may not be able to provide you with the goods and services you require. Further information about how we handle personal information, how you can complain about a breach of the Australian Privacy Principles, how you can access or seek correction of your personal information and our contact details can be found in our Privacy Policy at https://outspokenentourage.com.au/outspoken-entourage--privacy-policy.html

12.2. Advertiser acknowledges and agrees that certain of its information will be provided by Publisher to third parties (some of whom are located in USA and other international jurisdictions) involved in the provision of services under the Order. Publisher maintains confidentiality obligations with those third parties in relation to such information.

 

13. Jurisdiction

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

 

14. Definitions

a. Advertisement includes any material in any form lodged for publication or other distribution as an advertisement (including as a published advertorial or social media comments).

b. Advertiser means each advertiser and or advertising agency who seeks to have Publisher publish or otherwise distribute an advertisement.

c. Advertising Materials means all materials provided by the Advertiser to Publisher to permit or assist Publisher to comply with its obligations under the Order and includes artwork, images, copy, account passwords and usernames.

d. Loss means direct and indirect loss of any nature. Indirect loss includes the following: loss of profit, loss of business opportunity, loss of goodwill and payment of liquidated sums or damages under any other agreement.

e. Order means the Outspoken Entourage order form as signed or otherwise accepted and approved by the Advertiser.

f. Publisher means Outspoken Entourage Pty Ltd (ABN 30 626 920 045) of C5-6, The Promenade, 321 Harbour Drive, Coffs Harbour, NSW, 2450.

 

 

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