Payments are paid out via PayPal or directly to your bank account.
If you are a current client you can apply to be enrolled and details can be found in the client portal
]]>Head Office is in Newcastle, NSW Australia
Satellite offices
Team Members are based in Australia, the USA and Indonesia.
]]>They work full-time Monday – Friday, and like all people when a holiday falls on a weekday, they’ll take the day off to observe the holiday.
Our Management Team is located in Australia and the Projects Team in the USA.
Should any of those holidays, observed in fall on a weekday, your people will not be working during that time.
If you are an existing client, we recommend that you provide your feedback and direct your questions to your Account Manager first.
If you have already talked to your manager and are still facing issues, please contact our Customer Support team and raise a ticket in the Support Portal
]]>If you sign up with us, you’ll be billed monthly in advance and can cancel with 30 days notice.
We ask for a 3-month agreement.
]]>They work full-time Monday – Friday, and like all full-time employees, when a holiday falls on a weekday, they’ll take the day off to observe the holiday.
While our management team is located in Australia, our design team is located in the USA and Indonesia. As such, they observe different holidays in the Philippines than those observed in Australia.
Below are the holidays:
New Year’s Day (January 1)
Good Friday (April 19)
Labor Day (May 1)
Independence Day (June 12)
All Saints Day (November 1)
Christmas Day (December 25)
Rizal Day (December 30)
Should any of those holidays, observed in the time fall, your designer will not be working during that time.
]]>The following section outlines the working practices operated by YDA and the standards of service offered to clients in conducting fulfilment.
This agreement is designed to set clear expectations of the standard of service you can expect as your digital agency partner. Equally, it explains the limits of our liability and responsibility. This agreement forms part of our commitment to the transparency and openness that we believe is vital to any business relationship. We believe that clarifying these responsibilities upfront it will help streamline campaigns and ensure their timely delivery.
Hours of Operation & Communications
Our Projects Team in the USA standard hours of operations are from 8:00 AM EST to 5:00 PM EST.
Our Executive Team in Australia standard hours of operation are from 10:00AM AEST to 9:00PM AEST.
During this time our team is monitoring email and incoming calls.
In instances where our team receives an unscheduled call, please leave a message with our receptionist so our team can email and/or call in an understanding of the situation.
While we are available outside of our standard hours for urgent and emergency situations, this will be on a case by case basis.
[see further details below in ‘After Hours Process’ section]
Emails received between 8:00 AM EST and 4:00 PM EST should receive responses within the same business day.
Emails received outside of the above timeframe will be responded to within the next business day.
See ‘After Hours Process' for information on urgent and emergency situations.
We are available via phone within our standard hours of operation of 8:00 AM EST to 5:00 PM EST.
If we miss your call, please leave a message with the receptionist regarding the nature of your market and with whom you are looking to speak.
On a per-call basis, our team will contact you via email or phone depending on the nature of the call.
If it is reaching the End of Business day for our team, there may be a delay in response till the next Business day [depending on the nature of the call].
All Kick-Off Calls will be scheduled within 48 business hours of receiving payment permitting availability of all parties involved.
If you require a delay in the Kick-Off call for any reason, please contact our team for any billing adjustments [if applicable].
You are responsible for contacting our team if a delay does come up with the Kick-Off of any projects our team is fulfilling. If not, we will keep billing on the date of purchase.
Account Access and Locked Accounts
Gaining Account Access should be completed prior to the Kick-Off call if possible.
If not possible, please ask our team for any assistance in doing so.
Please ensure you are ready to move forward prior to scheduling the KO call and that our team will have proper access to the Ad Account no later than 48 hours after the KO call has occurred.
Should new accounts need to be made:
You are responsible for setting up the Account for us prior to our team fulfilling services. If you would like our team to set this up, there is a fee associated.
If Account Access is not provided at the time of Kick-Off and an extended period goes by, the client is responsible for informing us to pause/stop the billing.
Should an Ad Account become locked/disabled, our team will inform the appropriate parties on the account.
Our team will advise on the best way(s) to proceed as well as the efforts we’re making on ours.
It should be noted that such an occurrence is out of both our control or the client’s control; and for the client to have that expectation set. We will do everything in our power to get this reinstated, but it lies solely dependent on the Platform.
This does not mean our team will cease working on strategic standpoints that we can put in place or bettering the campaign by doing further research into audience types and new creatives. We will continue to perform these actions.
Our team will also be dealing with the Platform support team
This will not cease billing unless our team has not gone into the account [please contact our team if this does happen.
After-Hours Process [for Emergencies & Urgent Inquiries
We monitor our inboxes outside of business hours for emergencies and urgent requests.
Should such an incident occur, our Out of Office procedures are to follow:
Week Day Out of Office Hours are from 5:01 PM EST to 7:59 AM EST.
If our team receives a call or email during the above hours, our team will assess the urgency of the situation. If it is not an urgent matter, a response will be given on the next business day.
Weekends are Out of Office and include Saturday - Sunday.
Similar to the above statement our team will assess the urgency of the situation and respond accordingly.
If it is not an urgent matter, a response will be given on the next business day [Monday if not a US or Australian Holiday].
U.S. & Australian National Holidays are considered Out of Office.
Our team will assess the urgency of the situation and respond accordingly. If it is not an urgent matter, a response will be given on the next available business day.
Our Holidays include and may not be limited to the following:
New Year’s Day,
Memorial Day,
Independence Day,
Labor Day,
Thanksgiving Day,
Friday after Thanksgiving (“Black Friday”), and
Christmas Day
Boxing Day
Australia Day
Queens Birthday
]]>
When to pay for services:
We recommend making payment for our services once you have approved the proposal
Where to pay for services:
You can pay for services directly on your Client Portal.
]]>
No, how we work is below:
* Note: We ONLY accept credit cards (all payments are automated on renewal days).
30-Day Cancellation Notice:
We put the 30-day cancellation policy in place to protect us because
When does the 30-Day Cancellation Notice occur based on the payment day of the client?
The 30-day cancellation policy is strictly 30 days.
(meaning that no matter when you decide to cancel, from that point we will continue to run ads for another month)
* Note: The recurring payment date is not always scheduled on the first day of the month (the recurring period falls on the first day that services were paid for).
When a cancellation is initiated, no matter what date of the month, the cancellation goes into effect when the next month's payment is made (after that they will officially be done with payments).
A couple of examples to further explain:
Cancellation Notice made on Recurring Payment Day:
This is the perfect scenario where it is right on the recurring payment day. If this occurs they just have to pay for one more month of ads (those next "30 Days").
Cancellation Notice made in the Middle of the Month:
Notify cancellation in the middle of the month, they still have to finish that month and then make one more month's payment for ads to fully be done with services.
Cancellation Notice made at the End of the Month:
Notify cancellation at the end of the month, they would have to still pay for the next month's ads to fully be done with services.
]]>
First, we ask to abide by the 30-day Cancelation Policy. This can be found by searching the FAQs.
When you decide you no longer need marketing services, please notify our team as soon as possible so we can make the proper adjustments with Accounting.
Our team will work up until the last day of management (recurring billing date but not further as payments have been stopped).
At that moment, the Ads will be turned off for Ad Spend Safety. The client will still have access to all of their targeting, creatives, copy, and data as the campaigns were built directly in their Business Manager/Ad Account. The client can easily log in and turn these back on at any moment they wish.
The reason our team shuts these off is so there is no confusion and no Ad Spend being used without the client's 100% approval.
If the client wishes to have the campaigns remain on, they will have to share this with our team
]]>
All customer service team members are internal and are based in Australia and the United States.
We train our team to provide the highest quality of service as we believe that it is the cornerstone of any successful partnership.
Your team includes
Account Managers
Digital Marketing Strategists
SEO, and Paid Media Analysts
Project Managers
Writers
Graphic Designers
all working together as an extension of your business
]]>
Account Manager
Project Manager
Support Team (PPC Specialists, SEO Specialists, Designers, Developers, Content Writers, Strategists)
* Note: The size of your project scope will determine the size of the team dedicated to the account.
We are proactive with client communication, but we have a minimum of one scheduled call a month.
Retention is the goal for our team, and we value being proactive over being reactive.
For after-hours communications, it is based on the availability of our team and who your dedicated Account Manager is.
* Note: Depending on the size of your project, calls can be bi-weekly or impromptu based on campaign activities.
]]>
Data cannot be reinstated. If the client returns for Services at a later date, setup for Business Listings will restart.
]]>
1. We respect your privacy
(a) Your Digital Agency respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
(b) "Personal information" is the information we hold which is identifiable as being about you.
2. Collection of personal information
(a) Your Digital Agency will, from time to time, receive and store the personal information you enter onto our website, provided to us directly or given to us in other forms.
(b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
(c) Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
(a) Your Digital Agency collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
4. Use of your personal information
(a) Your Digital Agency may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
(b) Your Digital Agency may contact you by a variety of measures including, but not limited to telephone, email, SMS or mail.
5. Disclosure of your personal information
(a) We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
(b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
(c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Your Digital Agency, www.yourdigitalagency.com.au, its customers or third parties.
(d) Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include but are not limited to the USA and Canada.
(e) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
(f) By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
6. Security of your personal information
(a) Your Digital Agency is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
(b) The transmission and exchange of information are carried out at your own risk. We cannot guarantee the security of any information that you transmit to us or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we
collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
7. Access to your personal information
(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at hello@yourdigitalagency.com.au.
(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
(a) If you have any complaints about our privacy practises, please feel free to send in details of your complaints to Suite 3a/18 Level 14, 275 Alfred Street, North Sydney, undefined, 2060. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
9. Changes to Privacy Policy
(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
10. Website
(a) When you visit our website
When you come to our website (www.yourdigitalagency.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
(b) Cookies
We may from time to time use cookies on our website. Cookies are very small files that a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a
better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
(c) Third-party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Your Digital Agency is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information.
Approved by
Full Name: Leah Gibbs
Date: Updated 24th March 2021
]]>
1. About the Website
(a) Welcome to www.yourdigitalagency.com.au (the 'Website'). The Website Digital Marketing Services (the 'Services ').
(b) The Website is operated by Your Digital Agency(ABN 54 572 856 486). Access to and use of the Website, or any of its associated Products or Services, is provided by Your Digital Agency. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Your Digital Agency reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Your Digital Agency updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Your Digital Agency in the user interface.
3. Subscription to use the Services
(a) In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee').
(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
(c) Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the 'Account').
(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(vi) Access to Google Analytics
(e) You warrant that any information you give to Your Digital Agency in the course of completing the registration process will always be accurate, correct and up to date.
(f) Once you have completed the registration process, you will be a registered member of the Website ('Member ') and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
(g) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Your Digital Agency; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Your Digital Agency of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Your Digital Agency providing the Services;
(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Your Digital Agency;
(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Your Digital Agency for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Payment
(a) Where the option is given to you, you may make payment of the Subscription Fee by way of:
(i) Electronic funds transfer ('EFT ') into our nominated bank account
(ii) Credit Card Payment ('Credit Card')
(iii) PayPal ('PayPal')
(b) All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
(c) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
(d) You agree and acknowledge that Your Digital Agency can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
6. Refund Policy
Your Digital Agency will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Your Digital Agency makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
7. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Your Digital Agency are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Your Digital Agency or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Your Digital Agency, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Your Digital Agency does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Your Digital Agency.
(c) Your Digital Agency retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
to you.
(d) You may not, without the prior written permission of Your Digital Agency and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. Privacy
(a) Your Digital Agency takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to Your Digital Agency's Privacy Policy, which is available on the Website.
9. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Your Digital Agency will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet any applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Your Digital Agency makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Your Digital Agency) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or another harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Your Digital Agency; and
(iv) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of liability
(a) Your Digital Agency's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Your Digital Agency, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by Your Digital Agency as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) providing Your Digital Agency with 30 days' notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where Your Digital Agency has made this option available to you.
Your notice should be sent, in writing, to Your Digital Agency via the 'Contact Us' link on our homepage.
(c) Your Digital Agency may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Your Digital Agency is required to do so by law;
(iii) the provision of the Services to you by Your Digital Agency is, in the opinion of Your Digital Agency, no longer commercially viable.
(d) Subject to local applicable laws, Your Digital Agency reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Your Digital Agency's name or reputation or violates the rights of those of another party.
12. Indemnity
(a) You agree to indemnify Your Digital Agency, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempt to do so; and/or
(iii) any breach of the Terms.
13. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:
(i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Newcastle, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 1 month has elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
(a) The Services offered by Your Digital Agency is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
15. Governing Law
(a) The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
17. Severance
(a) If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Approved by Leah Gibbs
Updated 24 March 2021
]]>
Last updated: 24th March 2021
This Website (referred to in these “terms of use” as the website) is owned and operated by Your Digital Agency, who is referred to in this Cookie Policy as “we”, “us”, “our” and similar grammatical forms.
Our Cookie Policy explains what cookies are, how we use cookies, how third-party partners may use cookies on our Websites and your choices regarding cookies.
General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from our Websites. The anonymous non-personal information that we collect and analyse in not personal information as described in the Privacy Act.
1. Why do we use “cookies” and other web use tracking technologies?
(a) When you access our Website, small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to our Websites when you visit us.
(b) We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.
(c) We collect information using “cookies” and other tracking technologies for the following reasons:
(i) to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;
(ii) to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user;
(iii) to sell advertising on the Website in order to meet some of the costs of operating the Website and improve the content on the Website; and
(iv) when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.
(d) Even if you have given us permission to send you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.
(e) In addition to our own cookies, we may also use various third-parties cookies to report usage statistics of the Website, deliver advertisements on and through the Website, and so on.
2. What are your choices regarding cookies?
If you are unhappy about having a cookie sent to you, you can set your browser to refuse cookies or choose to have your computer warn you each time a cookie is being sent. However, if you turn your cookies off, some of our services may not function properly.
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There may be times where Your Digital Agency does not meet your expectations. In these circumstances, we encourage you to let us know. We are committed to learning from your experiences as it will help us to continually improve the Services we deliver.
Your Digital Agency has a structured approach to resolving complaints.
1. Send Complaint
If you are dissatisfied with a product or service provided by us, you can lodge a complaint with us.
Please include in your complaint the following details:
(a) your name and contact details;
(b) the nature of the complaint;
(c) details of any steps you have already taken to resolve the complaint;
(d) details of conversations you may have had with us that may be relevant to your complaint and;
(e) copies of any documentation which may be relevant.
Please send your complaint to hello@yourdigitalagency.com.au.
2. Evaluation
We will take note of what information you provide to us. This information will be passed on to the appropriate department of Your Digital Agency to deal with the complaint. We are committed to resolving your complaint within a timely manner
3. Response
We will keep in touch with you during the process. If you require support, please email hello@yourdigitalagency.com.au. Once we have finalised your complaint, we will advise you of our findings and any action we have taken.
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1. About the Website
(a) Welcome to www.yourdigitalagency.com.au (the 'Website'). The Website facilitates interactions between:
(i) The Client (the 'Receiver '); and
(ii) Channel Partner (the 'Provider '),
making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the 'Services ').
(b) The Website is operated by Your Digital Agency (ABN 54 572 856 486) . Access to and use of the Website, or any of its associated products or Services, is provided by Your Digital Agency. Please read these terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
(c) Your Digital Agency reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Your Digital Agency updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Your Digital Agency in the user interface.
3. The Services
(a) In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the 'Account').
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(c) You warrant that any information you give to Your Digital Agency in the course of completing the registration process will always be accurate, correct and up to date.
(d) Once you have completed the registration process, you will be a registered member of the Website ('Member ') and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Your Digital Agency; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1.As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Your Digital Agency of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Your Digital Agency;
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Your Digital Agency for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Using the Website as the Receiver
(a) Under the terms and conditions set out herein and the Channel Partner Agreement, you will have the non-exclusive right to distribute the Products solely as expressly permitted by us or the Third Party Provider and subject to the restrictions set forth herein and associated terms and policies applicable to the Product. All rights, title and interest in the Marketplace and Products not expressly granted to you in this Agreement are reserved by us and our licensors or the Third Party Providers. Except as set out herein or the Channel Partner Agreement, you may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign your rights to the Marketplace to any third party without our authorization, including with regard to any use of Products that you may obtain through the Marketplace. We may assign this Agreement or any rights hereunder to any third party without your consent. Use of any tool or feature provided as an authorized part of the Marketplace will not violate this provision so long as you use the tool as specifically permitted and only in the exact manner specified and enabled by the Marketplace. In addition, you will not and will not permit any other person to (directly or indirectly) solicit, market, access or contact the Third Party Providers in efforts to purchase, distribute, resell, or market products or products that are similar, complementary, related or enhancements to the Products directly or indirectly from such Third Party Providers.
6. Using the Website as the Provider
(a) You may use the Marketplace solely to browse, locate, or select for distribution certain Products. Some of these Products may be offered by Vthe Channel Partner while others may be made available by Third Party Providers. You will ensure that you and your customers comply with: (a) the obligations and restrictions set out in any terms and conditions applicable to the Products made available
7. Refund Policy
(a) Since Your Digital Agency is only a facilitator in introducing the Receiver to the Provider and providing a system to make a safe payment, Your Digital Agency does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
(b) Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Your Digital Agency requires the Receiver to:
(i) contact the Provider directly to request a refund; and
(ii) if contacting the Provider is not successful after fourteen (14) days, contact Your Digital Agency through the 'Contact Us section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
(c) If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately:
(i) complete the Your Digital Agency refund request form (the 'Request Form') provided on the Website; and
(ii) provide both the Request Form and the email from the Receiver requesting the refund to Your Digital Agency.
(d) If the Provider agrees to a refund it is acknowledged that the Provider will instruct Your Digital Agency to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by Your Digital Agency in processing the refund.
(e) Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
8. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Your Digital Agency are subject to copyright. The material on the Website is protected by copyright
under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Your Digital Agency or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Your Digital Agency, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Your Digital Agency does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Your Digital Agency.
(c) Your Digital Agency retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(d) You may not, without the prior written permission of Your Digital Agency and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
(e) Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Your Digital Agency a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
9. Privacy
Your Digital Agency takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to Your Digital Agency's Privacy Policy, which is available on the Website.
10. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Your Digital Agency will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet any applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Your Digital Agency makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Your Digital Agency) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or another harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the
Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Your Digital Agency; and
(iv) the Services or operation in respect to links which are provided for your convenience.
(d) You acknowledge that Your Digital Agency Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and do not offer any services other than the Services and Your Digital Agency holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
11. Limitation of Liability
(a) Your Digital Agency's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Your Digital Agency, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) You acknowledge and agree that Your Digital Agency holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
12. Termination of Contract
(a) If you want to terminate the Terms, you may do so by providing Your Digital Agency with 30 days' notice of your intention to terminate by sending notice of your intention to terminate to Your Digital Agency via the 'Contact Us' link on our homepage.
(b) Your Digital Agency may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Your Digital Agency is required to do so by law;
(iii) Your Digital Agency is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(iv) the provision of the Services to you by Your Digital Agency is, in the opinion of Your Digital Agency, no longer commercially viable.
(c) Subject to local applicable laws, Your Digital Agency reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Your Digital Agency's name or reputation or violates the rights of those of another party.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Your Digital Agency have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13. Indemnity
(a) You agree to indemnify Your Digital Agency, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempt to do so; and/or
(iii) any breach of the Terms.
14. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the
desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:
(i) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Newcastle, Australia.
(d) Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 7 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Services offered by Your Digital Agency is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to
the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
18. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Approved by Leah Gibbs
Updated 24 March 2021
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Your Digital Agency
1. We respect your privacy
(a) Your Digital Agency respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
(b) We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).
(c) "Personal information" is the information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
(d) You may contact us in writing at Suite 3a/18 Level 14, 275 Alfred Street, North Sydney, undefined, 2060 for further information about this Privacy Policy.
2. What personal information is collected
(a) Your Digital Agency will, from time to time, receive and store the personal information you submit to our website, provided to us directly or given to us in other forms.
(b) You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
(c) We may collect additional information at other times, including but not limited to, when you provide feedback when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
(d) Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
(a) Your Digital Agency collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
(b) By providing us with personal information, you consent to the supply of that
information subject to the terms of this Privacy Policy.
4. How we use your personal information
(a) Your Digital Agency may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
(b) Your Digital Agency will use personal information only for the purposes that you consent to. This may include to:
(i) provide you with products and services during the usual course of our business activities;
(ii) administer our business activities;
(iii) manage, research and develop our products and services;
(iv) provide you with information about our products and services;
(v) communicate with you by a variety of measures including, but not limited to, by telephone, email, SMS or mail; and
(vi) investigate any complaints.
If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.
(c) We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
(d) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.
5. Disclosure of your personal information
(a) Your Digital Agency may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.
(b) If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.
6. General Data Protection Regulation (GDPR) for the European Union (EU)
(a) Your Digital Agency will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
(b) We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.
(c) We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
(d) We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
(e) We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
(f) We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
(g) We do not collect or process any personal information from you that is considered "Sensitive Personal Information" under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.
(h) You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.
7. Your rights under the GDPR
(a) If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Your Digital Agency complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU
(b) Except as otherwise provided in the GDPR, you have the following rights:
(i) to be informed about how your personal information is being used;
(ii) access your personal information (we will provide you with a free copy of it);
(iii) to correct your personal information if it is inaccurate or incomplete;
(iv) to delete your personal information (also known as "the right to be forgotten");
(v) to restrict processing of your personal information;
(vi) to retain and reuse your personal information for your own purposes;
(vii) to object to your personal information being used; and
(viii) to object against automated decision making and profiling.
(c) Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.
(d) We may ask you to verify your identity before acting on any of your requests.
8. Hosting and International Data Transfers
(a) Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include but are not limited to Australia, the USA and Canada.
(b) We and our other group companies have offices and/or facilities in Australia, the USA and Canada. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Your Digital Agency's Data Protection Officer.
(c) The hosting facilities for our website are situated in Australia, the USA and Canada. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Your Digital Agency's Data Protection Officer.
(d) Our Suppliers and Contractors are situated in Australia, the USA and Canada. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Your Digital Agency's Data Protection Officer.
(e) You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
9. Security of your personal information
(a) Your Digital Agency is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
(b) Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
(c) The transmission and exchange of information are carried out at your own risk. We cannot guarantee the security of any information that you transmit to us or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
10. Access to your personal information
(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable to the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at hello@yourdigitalagency.com.au.
(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.
11. Complaints about privacy
(a) If you have any complaints about our privacy practices, please feel free to send in details of your complaints to hello@yourdigitalagency.com.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
12. Changes to Privacy Policy
(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
13. Website
(a) When you visit our website
When you come to our website (www.yourdigitalagency.com.au), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
(b) Cookies
We may from time to time use cookies on our website. Cookies are very small files that a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.
(c) Third-party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Your Digital Agency is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information.
Approved by Leah Gibbs
Updated 24 March, 2021
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