Site Disclosure

Site Disclosure

About this document

After careful consideration and extensive discussion, we made an executive decision to compile our privacy policy, terms, and related information into a single comprehensive page. Based on the information we've gathered, we've confirmed that this approach is legal.


Moreover, it truly is a no-brainer for streamlining communication and ensuring clarity for our users. In this initial section, we aim to communicate with you in a friendly, straightforward manner, but please be aware that in the following sections, our tone will shift, and we will not be addressing you as a friend but rather a generic user. The terms and privacy policy we present here are designed to protect both you and us from any potential misconduct or misunderstandings that may arise.


If you have any questions or require clarification about any amendments to these policies, our team is readily available to assist you at projects@marksy.com.au. Your understanding and cooperation are greatly appreciated as we work together to maintain a respectful and transparent relationship.

Terms & Conditions

Introduction

The following terms and conditions (the "Terms") govern your use of this website (the "Site"), operating under the domain Marksy.com.au, hereinafter referred to as the non-gendered terms ("us", "we", or "ours"). The visitor or possible malicious entity accessing the Site will be referred to as ("you", "yours", and "user").


By accessing and/or utilizing our Site, you agree to comply with these Terms. We urge you to read them carefully, and if you find any part disagreeable, please cease use of our Site immediately.


We reserve the right to amend these Terms and our Privacy Policy at any time at our discretion.


Your use of our Site and these Terms is governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in New South Wales, Australia, as well as any courts authorised to hear appeals from those courts, and you waive any right to contest the venue of proceedings initiated in such courts.

Payments

Payments must be made in full prior to the commencement of our services, unless otherwise specified in writing. We place a high priority on ensuring that all financial commitments are honoured, as we do not allocate resources or dedicate time to projects that could result in unpaid debts.


In the unfortunate event that we are unable to recover funds for the time and effort expended on our services, appropriate measures will be enforced to protect our business interests.


Please note that all our products and services, referred to as ("Marketing Tools" and "Marketing Services") are priced in Australian dollars. Consequently, should a dispute arise, any refunds will be processed in the same currency. We believe in maintaining transparency and fairness in all our transactions.


Marketing Tools and Marketing Service subscriptions come with a no lock-in contract, providing users with the flexibility to opt in or out as they choose. This means you can enjoy the benefits of the service without being tied down to a long-term commitment, allowing you to make decisions that best suit your needs and preferences at any given time.


Cancellation: If you wish to cancel any Marketing Tools or Marketing Services that you have purchased through our Business Hub software, we kindly ask that you email us at projects@marksy.com.au. Our team will be happy to assist you with the cancellation process and address any concerns you may have.

Refunds

Our services come with guarantees that cannot be excluded under the Australian Consumer Law.


For major failures you are entitled:


  • to cancel your contract with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.


If a failure with the product or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time (30 days, or before the next subscription due date). If this is not done you are entitled to a refund for the products and to cancel the contract for the service and obtain a refund of any unused portion.

Privacy Policy

Data Collection

Processing of your personal information (meaning, any information which may potentially allow your identification with reasonable means; hereinafter is necessary for the performance of our contractual obligations towards you and providing you with our services, to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject.


When you use the Site, you consent to the collection, storage, use, disclosure and other uses of your Personal Information as described in this Privacy Policy.


We do not rent, sell, or share User information with third parties, except as outlined in this Privacy Policy.


We may use the information for:


  • Communicating with you about our services.
  • Keeping you updated on our latest offerings.
  • Displaying advertisements on our Site.
  • Promoting our products and websites.
  • Conducting statistical analysis to enhance the Site.


We may also share Personal Information with our subsidiaries and trusted third-party providers for purposes such as:


  • Operating our Site and delivering services.
  • Storing and processing information.
  • Serving advertisements and assessing campaign effectiveness.
  • Offering marketing promotions linked to our Site.


Additionally, we may disclose information if required to comply with laws, enforce policies, investigate issues, protect rights, or collaborate with law enforcement.

User Rights

You are entitled to the following rights regarding your personal information:


  • You have the right to receive a complete copy of the personal information that you have provided to us. This information will be delivered to you in a structured, commonly used, and machine-readable format to ensure easy access and usability.


  • You are also entitled to request corrections to any inaccuracies in the personal information we maintain about you, ensuring that all your data is up to date and reflects your current situation.


  • Additionally, you have the right to ask for the deletion of your personal information, allowing you to take control of what data is retained by us.


  • You can object to our processing of your personal information, giving you the opportunity to express your concerns regarding how your data is used.


  • Furthermore, you have the right to lodge a complaint with a supervisory authority if you believe your rights have been infringed or if you have concerns about our handling of your personal information.


Please note that while these rights are important, they may not be absolute and could be subject to various legitimate interests we may have, as well as regulatory requirements that govern our operations.


If you wish to exercise any of these rights or if you need further information regarding our data practices, please do not hesitate to contact us at the following email: projects@marksy.com.au. We are here to assist you with any inquiries you may have.

Cookies

Together with our trusted partners, we utilise cookies and various related technologies whenever you visit our Site or engage with our services. This important process allows us to enhance your experience significantly.


A "cookie" is a small piece of data that a website assigns to your device whenever you access it. These cookies play a crucial role in enriching your browsing experience by facilitating seamless navigation, enabling interactive features, remembering your preferences, and improving your overall interaction with our services. Moreover, they help us ensure that the advertisements you see are relevant to your interests and compile valuable usage statistics that can enhance our offerings.


The Site employs a variety of different types of cookies to cater to your needs:


  • Session cookies are temporary files that support the normal and efficient use of the Site, which means they are deleted once you close your browser;


  • Persistent cookies are stored on your device for a predetermined period, enabling us to recognise you during future visits and remember your preferences, thus providing a more personalised experience;


  • Third-party cookies originate from external services that assist us in monitoring and analysing our web traffic effectively.


It's important to note that while cookies themselves do not contain personally identifiable information, we may connect them to the personal data we collect during your interactions with our Site. If you prefer, you can delete cookies through your device settings; however, disabling them may restrict access to certain features and functionalities of the Site, which could affect your user experience.


Additionally, we utilise “Google Analytics” to gather important insights regarding your interactions on our Site. This tool tracks various metrics such as the frequency of visits and the specific pages you view, capturing only the IP address to help us better understand user behaviour and improve our services accordingly.

Advertisements

We may use third-party advertising technology to serve advertisements when you access the Site. This technology uses your information with regards to your use of the services to serve advertisements to you (e.g., by placing third-party cookies on your web browser).


Furthermore, this information is utilised for site optimisation, fraud prevention, security measures, and advertising purposes. To learn more about how Microsoft collects and utilises your data, please refer to the Microsoft Privacy Statement.


You can check and change your google date/activity here, or manage your facebook ad preferences here.

Marketing

We may use your Personal Information, such as your name, email address, telephone number, etc. ourselves or by using our third party subcontractors for the purpose of providing you with promotional materials, concerning our services, which we believe may interest you. 


Out of respect to your right to privacy we provide you within such marketing materials with means to decline receiving further marketing offers from us. If you unsubscribe we will remove your email address or telephone number from our marketing distribution lists. 


Please note that even if you have unsubscribed from receiving marketing emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements or administrative notices.

Corporate transaction

We may share information in the event of a corporate transaction, such as the sale of a substantial part of our business, a merger, consolidation, or the sale of assets. In such circumstances, if any of these events were to occur, the acquiring company will assume all rights and obligations outlined in this Privacy Policy. This means that your information will continue to be handled in accordance with the same protective measures we have in place, ensuring that your privacy is respected throughout the process of the transaction and beyond.

Minors

We recognise the critical need to safeguard children's privacy, particularly in an online setting. This Site is neither intended for nor aimed at children. Under any circumstances, we do not permit the use of our services by minors without the prior consent or authorisation of a parent or legal guardian. We do not intentionally gather Personal Information from minors. If a parent or guardian discovers that their child has supplied us with Personal Information without their consent, they should reach out to us at projects@marksy.com.au

Third party data

Our policy exclusively pertains to the usage and sharing of information we gather from you, ensuring that your data is handled with care and transparency. It is important to understand that if you choose to share your information with other parties or websites across the internet, different regulations and practices may govern how they utilise or disclose the information you provide. These varied policies can significantly differ from ours, and as such, we strongly advise you to take the time to carefully review the terms and conditions, as well as the privacy policies, of every third party to whom you decide to disclose your information. Being informed about these practices will help safeguard your personal data.


Please note that this Privacy Policy doesn't cover the practices of companies we don't own or manage. This includes individuals we don't employ or oversee, as well as any third parties we may share information with as described in this policy. We can't control how these entities handle your data, so we encourage you to stay informed about their practices.


We've partnered with Microsoft Clarity to track your website usage and interactions using behavioural metrics, heat-maps, and session replays. This data helps us improve and market our products and services. We use first and third-party cookies and other tracking technologies to capture website usage data. This data helps us determine product/service popularity and online activity. We also use this information for site optimisation, fraud/security purposes, and advertising. You can learn more about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

International Law

We operate solely within Australia; however, we want to clarify that we are not strictly restricted by our sovereign borders. While our primary business activities take place within Australia, we remain open to processing payments and conducting transactions that may extend beyond our usual jurisdiction. In such cases, we commit to fully complying with the legal requirements and regulations of the respective country in which the transaction occurs.


By purchasing our products or services, you acknowledge that you have read, understood, and agree to abide by our terms and conditions, which govern all transactions and interactions with Marksy.com.au.

Contact Us: projects@marksy.com.au

Last Updated: 25th of March 2025

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