TERMS & CONDITIONS

This document sets out the terms and conditions (“Terms”) between (A) the Client, whose details are set out on the Service Agreement (“Client/you”) and (B) GO4CONTACT. These Terms and the Privacy Policy govern your use of the GO4CONTACT System and Services. By using our Platform and Services, you confirm that you accept these Terms and the Privacy Policy and that you agree to abide and be bound by them. YOU MAY NOT USE THE PLATFORM AND SERVICE UNLESS YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY.

1. Interpretation

• 1.1 In these Terms the capitalized terms set out below shall have the following meanings:

  “Pricing” means that GO4CONTACT charges for the Services as set out in the Service Agreement together with such other additional charges as may be agreed between the parties from time to time, including purchases made by the Client through the Software;

  “Associated Company” means a company belonging to the same group as either party;

  “Codes” means all applicable legislation, regulations, directions, rules, codes of practice and guidelines applicable to Messages in the countries in which the Client operates and/or in which recipients of Messages sent using the Services are located (including, without limitation, the Committee of Advertising Practice Code (CAP Code), Spamhaus best practice guides, DMA best practice guides, applicable guidelines published by the CTIA, the Mobile Marketing Association and also including, without limitation, any requirements or practices in relation to telemarketing such as a telephone preference service regime, ‘do not call’ regime) (as is relevant) as may be revised or adopted in relation to marketing best practice;

  “Data Processing Agreement” means the addendum to these Terms found at https://go4.contact/legal-information?page=data-processing-agreement

  “Data Protection Laws” means: (a) in relation to the Client all data protection and/or privacy laws, principles and agreements and all electronic marketing laws, principles and agreements applicable to the country (and state where applicable) in which the Client signing a Service Agreement is located and all countries (and states where applicable) in which recipients of Messages sent via the Services are located, including but not limited to the CAN-SPAM Act 2003 and Canada’s anti-spam legislation (CASL) and, in Singapore, the Spam Control Act (Cap. 311A) and the ‘Do Not Call’ regime established by the Personal Data Protection Act (No 12 of 2012); (b) in relation to GO4CONTACT all data protection and/or privacy laws, principles and agreements and all electronic marketing laws, principles and agreements applicable to the country (or state where applicable) in which the GO4CONTACT entity signing a Service Agreement is located;

  “GO4CONTACT” means the GO4 entity specified on a Service Agreement whose details are outlined below:

  GO4AUSTRALIA PTY LTD, whose registered offices are at 34 Moate Avenue, Brighton Le Sands, NSW, 2216, Australia, ACN: 629841532 & ABN: 71629841532.

  “Initial Term” means the fixed term, minimum term or initial term set out in the Service Agreement;

  “Intellectual Property” means any and all patents, copyrights (including future copyrights), design rights, trade marks, Trade Mark, service marks, domain names, trade secrets, know-how, database rights, and all other intellectual property rights, whether registered or unregistered, and including applications for any of the foregoing and all rights of a similar nature which may exist anywhere in the world and provided by or owned by GO4AUSTRALIA, and/or its Associated Companies;

  “Material” means written documentation and content, verbal, electronic and other information, databases, computer software, Software, designs, drawings, pictures or other images (whether still or moving), the Site, sounds or any other record of any information in any form belonging to GO4AUSTRALIA but for the avoidance of doubt does not include material belonging to the Client;

  “Messages” means communications and content sent using the Services by Clients to recipients, including, but not limited to, emails, SMS and R.M.

  “Permission-based Marketing Policy” means GO4CONTACT’s permission-based marketing policy, available at https://go4.contact/legal-information?page=data-processing-agreement

  “Privacy Policy” means GO4CONTACT’s privacy policy available at https://go4.contact/legal-information?page=privacy-policy

  “Renewal Period” means 12 (Twelve) months;

  “Service Agreement” means the Service Agreement confirming the Level of Services you are purchasing and incorporating these Terms;

  “Services” means the provision of the GO4CONTACT data processing services and Software for use by the Client according to the Service Agreement whereby: (a) GO4CONTACT, provides the Software to manipulate the personal data collected; (b) GO4CONTACT’ provides the facilities for the Client to send Messages to data subjects who have expressly consented to the Client sending them such Messages (except where otherwise agreed to by GO4CONTACT); and (c) GO4CONTACT provides facilities for the Client to export personal data together with such other services agreed between GO4CONTACT and the Client from time to time or ancillary to the Services;

  “Site” means GO4CONTACT’s website at www.go4.contact;

  “Software” means GO4CONTACT’s data management and manipulation software;

  “Trade Mark” means the ‘GO4CONTACT’ unregistered trade mark and logo and any future registration of either of these marks or any similar mark or branding of GO4CONTACT or of any Associated Companies or third parties provided or used as a part of these Services or any application for registration anywhere in the World;

  “Working Day” means Monday to Friday excluding statutory holidays in the country in which GO4CONTACT is located; and

  “Working Hours” means 9.00 to 17.00 on a Working Day in the time zone in which GO4CONTACT is located.

• 1.2 Subject to clause 14, any reference in these terms to ‘writing’ or related expressions includes but shall not be limited to a reference to email, communications via websites and comparable means of communication.

• 1.3 Except where the context requires otherwise: the singular includes the plural and vice versa; a reference to one gender includes all genders; and words denoting persons include firms and corporations and vice versa.

2. Supply of the Services

• 2.1 GO4CONTACT, shall provide the Services to the Client for the term set out in clause 10.1 in accordance with these Terms and the Privacy Policy. These Terms shall come into force and govern the provision of the Services by GO4CONTACT and the use of the Services by the Client from the date set out on the Service Agreement signed by the Client.

• 2.2 GO4CONTACT, uses third parties to host the GO4CONTACT application servers for the provision of the Services. The Client hereby consents to GO4CONTACT using data centers provided globally by GCP, that reach the client more efficiently for the provision of the hosting services. A list of locations can be supplied by contacting us at status@go4.contact. Client account data is, by default, hosted at our cloud based servers of GCP.

• 2.3 Although GO4CONTACT does not warrant that the Services will be uninterrupted, error, bug or virus free or that the delivery of Messages will be without delay, GO4CONTACT will provide the Services and maintain security measures in accordance with industry best practice. The Services will be available with 98.9% uptime in any calendar month, excluding scheduled maintenance and emergency maintenance. The Client’s sole remedy for any failure by GO4CONTACT to meet the availability as stated herein shall be a service credit for the relevant calendar month calculated on the following basis:

• 2.4 It may be necessary for GO4CONTACT to temporarily suspend the Services in whole or in part from time to time to carry out maintenance of the Services. GO4CONTACT will use its reasonable endeavors to provide the Client with at least 36 hours’ notice of any temporary suspensions of the Services and to undertake any scheduled and planned maintenance or repair work outside of Working Hours in order to minimize disruption to the Services provided to the Client. Such communications will be made via email to each and every client/customer of our service. The Client may subscribe to automated alerts, by emailing us at status@go4.contact. However, GO4CONTACT reserves the right to carry out urgent maintenance or repair work at any time where it would be unreasonable, in GO4CONTACT’s opinion, to delay repairing the Services taking into account the interests of the Client. Services may also be suspended in whole or in part where GO4CONTACT or any third-party host is obliged to comply with an order, instruction or request of government, a court or other competent administrative authority or an emergency service organisation. Except for the service credit procedure contained in clause 2.3, GO4CONTACT accepts no responsibility or liability to the Client for any direct or indirect loss or damage that may arise under this clause 2.4.

• 2.5 GO4CONTACT cannot guarantee the delivery of Messages to any recipient under the Services, as this is dependent upon accurate and up to date recipient contact information, suitable internet availability and connectivity, on various anti-spam and junk mail policies adopted by recipient service providers as well as restrictions regarding the content, wording and graphics of a Message. GO4CONTACT will use reasonable endeavours to assist the Client with methods to maximise the delivery rate of Messages, however GO4CONTACT makes no representations or warranties whatsoever about the speed or number of Messages sent that will be received by recipients. GO4CONTACT accepts no responsibility or liability to the Client for any direct or indirect loss or damage that may arise under this clause 2.5, except due to GO4CONTACT’s error or omission causing any Messages not to be sent via the Services.

• 2.6 GO4CONTACT will ensure that Clients will have access to GO4CONTACT’s support team, where support may be provided by email.

3. Charges, Invoicing and Payment

• 3.1 The Client shall pay the Charges in accordance with these Terms, in the currency in which Charges are specified in the Service Agreement. Where Client pays the Charges in an alternative currency to that specified, Client shall also be responsible for the payment of currency conversion charges incurred by GO4CONTACT.

• 3.2 After expiry of the Initial Term, GO4CONTACT may alter the level of Charges or the payment terms by giving the Client 30 (thirty) days’ written notice. Within 30 (thirty) days of receiving such notice, the Client must notify GO4CONTACT in writing if it does not accept the changes, otherwise the changes will be deemed accepted. If the Client gives notice of any objection as aforementioned the parties shall attempt to mutually agree the changes to be made to the Terms and if the parties cannot agree within 30 (thirty) days of the notice of objection being served, either party may terminate these Terms by giving the other 90 (ninety) days’ notice in writing. Note that unless agreed otherwise on a Service Agreement, changes relating to SMS, Email and R.M., charges may be amended on 14 (fourteen) days written notice to the Client.

• 3.3 All Charges quoted to the Client for the provision of the Services are exclusive of any applicable tax, for which the Client shall be additionally liable at the applicable rate from time to time. The Client shall pay all Charges without withholding or deduction of, or in respect of, any tax unless required by law. If any such withholding or deduction is required, the Client shall, when making the payment to which the withholding or deduction relates, pay to GO4CONTACT such additional amount as will ensure that GO4CONTACT receives the same total amount that it would have received if no such withholding or deduction had been required.

• 3.4 GO4CONTACT, provides all its services on the website on PAYG basis, using Stripe ass the Payment Gateway. No Postpaid services are offered, allowing GO4CONTACT to offer the best prices to its clients.

• 3.5 If the charges exceed, 10,000 Euro per transaction, the client shall email at sales@go4.contact to be provided the bank account details to facilitate the transfer and upon receipt of payment, the amount will be credited to the clients account.

4. Data & Data Protection

• 4.1 Each party undertakes to comply with its obligations under relevant applicable Data Protection Laws and the Data Processing Agreement.

• 4.2 Personal data is derived from data provided by the Client and is not checked or monitored by GO4CONTACT. GO4CONTACT, has no liability or responsibility whatsoever howsoever arising directly or indirectly to the Client for the accuracy, content or use of such personal data under this clause 4.2, provided that such use is in accordance with the instructions of the Client and GO4CONTACT’s obligations set out in these Terms.

• 4.3 GO4CONTACT has no responsibility or liability for the back-up of Client data and, although GO4CONTACT makes daily back-ups, the Client remains responsible for making its own back-ups, particularly but not limited to when the Client adds a significant amount of data to the Services over a period of 24 hours.

• 4.4 GO4CONTACT shall not use any Client data or materials except in connection with the provision of Services to the Client:

  (a) as set out in these Terms; or (b) as required by law, regulation or regulatory body or any court of competent jurisdiction.

• 4.5 The Client shall:

  (a) ensure that it is appropriately registered with any applicable data protection authority;

  (b) take appropriate organisational and technical measures against unauthorised or unlawful processing;

  (c) obtain where appropriate express, specific and informed consent when obtaining personal data from individuals;

  (d) keep full records of Message recipients’ opt-in/opt-out choices regarding unsolicited Messages;

  (e) ensure that it obtains all necessary consents from Message recipients in respect to transferring data to the hosting location specified at clause 2.2 herein these Terms.

• 4.6 In the event of any conflict between the Data Processing Agreement and these Terms, the provisions of the Data Processing Agreement shall take precedence.

5.Client’s Obligations

• 5.1 The Client warrants that it shall not:

  (a) use the Services in breach of GO4CONTACT’s Permission Based Marketing Policy;

  (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or materials transmitted through the Services;

  (c) use the Services in a manner which is unlawful, harmful, threatening, abusive, harassing, tortious, indecent, obscene, libelous, menacing or which infringes the Intellectual Property, proprietary or personal rights of any third party;

  (d) misuse or attack the Site of Services via a denial-of-service attack or by introducing viruses, trojans, worms, logic bombs or other material which is technologically harmful or;

  (e) attempt to gain unauthorised access to the Site or Services, the server on which the Site or Services are stored or any server, computer or database connected to the Site or Services.

• 5.2 The Client warrants that it shall:

  (a) comply and ensure that its use of the Services complies with all Codes applicable to the country in which the Client is registered and recipients of Messages reside;

  (b) provide all reasonable assistance required by GO4CONTACT to enable GO4CONTACT to comply with any requirements or conditions imposed by such Codes;

  (c) provide, GO4CONTACT relevant authority, user group or regulator of the Codes with all information or material reasonably requested in order to carry out any investigation in connection with the Client’s use of the Services; and

  (d) not use the Services to upload or send to records purchased, rented or acquired from a third party in any way.

  GO4CONTACT, has no responsibility or liability whatsoever howsoever arising directly or indirectly to the Client for the content of any Messages sent using the Services or Messages being sent to recipients in breach of the Client of its obligations contained in this clause 5.2.

• 5.3 In relation to email Messages sent using the Services, Client warrants that:

  (a) it will identify itself in every email according to applicable law, but at least with postal address, register number, phone number, email address data and tax registry, where applicable; and

  (b) it will not use the Service to send email communications advertising or promoting email lists or services supporting unsolicited bulk email. Any Client who uses the Services to promote or advertise email lists or services supporting unsolicited bulk email will have their account disabled without notice and with immediate effect and no refund of Charges or other payments to GO4CONTACT will be made. Unsolicited bulk email support services may include but are not limited to: services providing service to known spam operations listed on Register of Known Spam Operations (ROKSO), services providing ‘bullet-proof hosting’ for spam service purposes, services obfuscating or anonymising spam senders, services selling or providing hosting for the sales or distribution of spamware or address lists, and networks knowingly hosting spammers as either stated or de facto policy.

  GO4CONTACT, accepts no responsibility or liability to the Client for any direct or indirect loss or damage that may arise under this clause 5.3.

• 5.4 In relation to SMS Messages sent using the Services, Client warrants that:

  (a) it will not attempt to use Services to access or allow access to emergency services or impersonate any other entity; and

  (b) if Client has purchased a short code, then Client will not change the use of that short code from the use stated in any documentation in relation to approval of the short code without first obtaining an amendment to any application for approval of the short code under the new use.

• 5.5 The Client shall indemnify GO4CONTACT against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by GO4CONTACT arising out of a breach of the obligations in 5.1 to 5.4 above. This indemnity shall not cover GO4CONTACT to the extent that a claim under it results from GO4CONTACT’s negligence or wilful misconduct.

• 5.6 GO4CONTACT monitors Messages created by the Client. If GO4CONTACT considers in its reasonable opinion that the Client is sending Messages in breach of clause 5.1 to 5.4 above, GO4CONTACT may at its absolute discretion (taking into account the Client’s track record of use of the Services):

  (a) suspend provision of Services;

  (b) block Client’s access to the Services for such time as in each case is reasonable; and

  (c) add any recipient contact details to its global suppression list (“GSL”). GO4CONTACT will usually provide the Client with prior notice of any suspension, blocking or addition of an email to the GSL, unless immediate action is necessary in the circumstances. GO4CONTACT accepts no responsibility or liability to the Client for any direct or indirect loss or damage that may arise under this clause 5.5.

• 5.7 Where GO4CONTACT suspends or blocks access to the Services pursuant to clause 5.5 above, a member of the GO4CONTACT compliance team shall contact the Client to:

  (a) inform the Client of the action taken or proposed action (where applicable) giving rise to the suspension;

  (b) explain why the access to the Services is suspended or blocked;

  (c) to inform the Client of the remedial actions that the Client needs to take to rectify the issues with the Client’s use of the Services;

  (d) inform the Client of any applicable de-listing fee payable to GO4CONTACT (if necessary and determined in GO4CONTACT’s sole discretion); and

  (e) to agree on the timescale for the Client to take the necessary remedial actions.

  GO4CONTACT shall only reactivate the Services once the Client has taken the remedial actions. If the Client fails to take the remedial actions within the timescale agreed, GO4CONTACT reserves the right to terminate these Terms upon giving notice to the Client and the Client shall become immediately liable to pay all outstanding fees for remainder of the unexpired Term.

• 5.8 The Client will keep its password and other access details for use with the Services confidential and restricted to those members of staff who need to know such details and shall ensure all such staff are aware of the confidential nature of such information and treat it accordingly. The Client shall notify GO4CONTACT immediately if it believes that such information is no longer secret. The Client is solely responsible for all activities resulting from use of the Client’s password or account. The Client will not permit any person to access the Services for any unauthorised purpose that would constitute a breach of these Terms.

• 5.9 Without prejudice to its other rights in these Terms GO4CONTACT reserves the right to prevent the sending of any Messages forming part of the Services or any other item or material made available via the Services by the Client at any time and without notice, where the content is in GO4CONTACT’s reasonable opinion a breach of these Terms. GO4CONTACT accepts no responsibility or liability to the Client for any direct or indirect loss or damage that may arise under this clause 5.8.

• 5.10 The Client is not permitted to conduct vulnerability scanning, or any form penetration testing against the GO4CONTACT Services or application servers. GO4CONTACT shall provide Client with the results of GO4CONTACT’s own penetration tests upon written request.

6. Ownership & Use of the Intellectual Property Rights

• 6.1 GO4CONTACT, warrants that to the best of its knowledge:

  (a) GO4CONTACT, is the proprietor of the Intellectual Property and Materials supplied during the course of providing the Services; and

  (b) the Intellectual Property and Materials provided by GO4CONTACT do not infringe the intellectual property rights of any third-party.

• 6.2 Subject to the Client’s compliance with the rest of this Clause 6, GO4CONTACT shall indemnify the Client against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Client arising from a breach of clause 6.1. This indemnity shall not cover the Client to the extent that a claim under it results from use of Client’s intellectual property.

• 6.3 GO4CONTACT hereby grants to the Client a personal, non-exclusive and non-transferable licence to use the Intellectual Property and/or Materials for the duration of these Terms strictly in accordance with these Terms only. The Client shall not be entitled to use the Intellectual Property and/or Materials for any other purpose than the use of the Services, including, without limitation, that the Client shall have no right to copy, translate, reproduce, adapt, reverse engineer, de-compile, disassemble, create derivate works, modify, sell, rent, lease, transfer, assign, sub-licence, make any representations, warranties or guarantees with regard to the Intellectual Property and/or Materials in whole or part except as permitted by law.

• 6.4 The Client shall only use the Intellectual Property and/or Materials or any GO4CONTACT branding in the form stipulated by GO4CONTACT from time to time and shall observe all directions given by GO4CONTACT as to colours and size and representations of the Trade Mark and branding and their manner and disposition on the Client’s products, packaging, labels, wrappers and any accompanying leaflets, brochures or other materials.

• 6.5 The Client shall not use any mark or name confusingly similar to the Trade Mark in respect of any of its Services or use the Trade Mark as part of any corporate business or trading name or style. GO4CONTACT may use the Client’s trade marks for publicity purposes only in a form and manner approved by the Client in writing in advance. GO4CONTACT may not refer to the Client in GO4CONTACT’s marketing and advertising communications, without first obtaining consent.

• 6.6 If the Client becomes aware that any other person, firm or company alleges that the Intellectual Property and/or Materials is invalid or that use of the Intellectual Property and/or Materials infringes any rights of another party or that the Intellectual Property and/or Materials is otherwise attacked or attackable the Client shall as soon as reasonably possible give GO4CONTACT full particulars in writing thereof and shall make no comment or admission to any third party in respect thereof.

• 6.7 GO4CONTACT shall have the conduct of all proceedings relating to the Intellectual Property and/or Materials and shall in its sole discretion decide what action if any to take in respect of any infringement or alleged infringement of the Intellectual Property or passing off or any other claim or counterclaim brought or threatened in respect of the use or registration of the Intellectual Property. The Client shall not be entitled to bring any action relating to the Intellectual Property in its own name but shall reasonably assist GO4CONTACT upon GO4CONTACT’s reasonable request. GO4CONTACT agrees to reimburse the Client’s reasonable expenses incurred in complying with clauses 6.6 and 6.7.

7. Confidentiality

• 7.1 Subject to clause 7.2, neither party shall disclose at any time during the Term or for a period of ten (10) years after termination, to any third party any information relating to the other party including information relating to:

  (a) Intellectual Property, intellectual property, software, the Software, materials, Materials, products, systems, operations, processes, plans or intentions, product information, know-how and market opportunities; and

  (b) business, identity and affairs and the business, identity and affairs of its directors, officers, employees, customers and potential customers or personal data relating to customers, suppliers, agents, or subcontractors and the like, which comes into the possession of the other party as a result of or in connection with the performance of these Terms (collectively, “Confidential Information”).

• 7.2 The provisions of clause 7.1 shall not apply to any information which:

  (a) is in or enters the public domain other than by a breach of clause 7.1; or

  (b) is in the possession of the receiving party without restriction in relation to disclosure before the date of its receipt in connection with these Terms; or

  (c) is obtained from a third party who is lawfully authorised to disclose such information and is provided to the receiving party without any obligation of confidentiality;

  (d) is authorised in advance for release by the disclosing party; or

  (e) may be required to be disclosed under applicable legislation or the order of a Court or other competent authority.

• 7.3 The parties shall ensure that any Confidential Information which it receives from the other shall be held with the same degree of care as that party’s own Confidential Information.

8. Limitation of Liability and Indemnity

• 8.1 This clause 8 sets out the entire financial liability of either party to the other (including any liability for the acts or omissions of a party’s employees, agents, consultants, and subcontractors) in respect of:

  (a) any breach of these Terms;

  (b) any use of the Services or any part of them; and

  (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Terms.

• 8.2 Other than where expressly stated, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.

• 8.3 Nothing in these Terms limits or excludes the liability of either party:

  (a) for death or personal injury resulting from negligence; or

  (b) for any damage or liability incurred as a result of fraud or fraudulent misrepresentation;

  (c) for any indemnities provided under these Terms; or

  (d) for any other liability which cannot be excluded by applicable law.

• 8.4 Subject to clauses 8.2, 8.3, and where expressly stated:

  (a) neither party shall be liable to the other under these Terms for any loss of profits, loss of business; depletion of goodwill and/or similar losses; loss of goods; loss of contract; loss of use; loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and

  (b) each party’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution arising in connection with the performance, or contemplated performance, of these Terms shall be limited to the Charges paid or payable under the Initial Term or then-current Renewal Term, in total in respect of any single claim or series of connected claims brought by either party under these Terms.

• 8.5 If any third party makes a claim, or notifies an intention to make a claim, against either party which may reasonably be considered likely to give rise to a liability under any indemnity provided under these Terms (a “Claim”), the indemnifying party shall:

  (a) as soon as reasonably practicable, give written notice of the Claim to the indemnifying party, specifying the nature of the Claim in reasonable detail; and

  (b) not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of the indemnifying party (such consent not to be unreasonably withheld), provided that the indemnifying party may settle the Claim (after giving prior written notice of the terms of settlement (to the extent legally possible) to the claiming party.

• 8.6 Nothing in this clause shall restrict or limit either party’s general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under this clause 8.

9. Force Majeure

• Neither party shall be responsible to the other in circumstances where some or all of the obligations (except for the obligation for the payment of Charges) under these Terms cannot be performed due to circumstances outside the reasonable control of the defaulting party including, without limitation, an Act of God, change in legislation, fire, explosion, flood, accident, strike, lockout or other industrial dispute, war, terrorist act, riot, civil commotion, failure of public power supplies, third party hacking, viruses, trojans, worms, logic bombs or other material attacking the Site, a denial-of-service attack, a distributed or malicious denial-of service attack, failure of communication facilities, unavailability of the internet. However, if such circumstances persist for more than 14 (fourteen) days, the non-defaulting party may terminate these Terms and all Charges due to GO4CONTACT up to the date of termination shall become immediately due and payable.

10. Term, Suspension and Termination

• 10.1 GO4CONTACT, shall provide the Services set out in the Service Agreement and (where applicable) as purchased by the Client through the Software to the Client for the Initial Term. For the avoidance of doubt, any purchases made through the Software shall run coterminous with those set out in a Service Agreement. Upon expiry of the Initial Term, the Service Agreement and these Terms shall automatically renew for successive Renewal Periods, unless a party terminates:

  (a) by giving at least 30 (thirty) days’ notice prior to expiry of the Initial Term or any Renewal Period via a cancellation email to support@go4.contact (or as otherwise may be directed by GO4CONTACT); or

  (b) in accordance with clauses 10.3 or 10.4 below.

• 10.2 GO4CONTACT, may immediately and without notice suspend the provision of Services to the Client if the Client’s account remains inactive for a period of 13 months or more.

• 10.3 Either party may terminate these Terms on giving written notice if:

  (a) either party commits a material breach of these Terms and (if capable of remedy) the breaching party fails to remedy the breach within 14 (fourteen) days after being required by written notice so to do; or

  (b) either party becomes insolvent or bankrupt, enters into an arrangement with creditors, has a receiver or administrator appointed or its directors or shareholders pass a resolution to suspend trading, wind up or dissolve that party other than for the purposes of amalgamation or reconstruction or it ceases, or threatens to cease trading. For the avoidance of doubt, neither party may terminate a Service Agreement for convenience unless in accordance with 11.1 below.

• 10.4 The period during which GO4CONTACT may suspend the Services under these Terms will continue until the circumstances giving rise to GO4CONTACT’s right to suspend the Services ceases to subsist or until these Terms are terminated by either party. In the event that GO4CONTACT suspends the provision of Services to the Client, the Client will continue to be obliged to pay all Charges owing or due for the period when the Service is suspended.

• 10.5 Any termination of these Terms for any reason shall be without prejudice to any other rights or remedies a party may be entitled to at law or under these Terms and shall not affect any accrued rights or liabilities of either party nor the coming into force or the continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination including but not limited to the warranties and indemnities contained in these Terms.

11. Effects of termination

• 11.1 Where a Service Agreement is terminated by either party before the end of the Initial Term or then-current Renewal Term (except where terminated by the Client due to a material breach of these Terms by GO4CONTACT), all remaining Charges for the Initial Term or then-current Renewal Term (as applicable) shall be immediately payable.

• 11.2 Following termination: (a) GO4CONTACT shall have no obligation to retain any Client data. If the Client wishes to export any data, it should do so prior to the effective date of termination. Where the Client requires GO4CONTACT to export any data on its behalf a charge may be applied for this additional service; (b) the Client shall immediately cease using the Intellectual Property and the Materials; and (c) any provision which expressly or by implication is intended to come into or remain in force on or after termination shall continue in full force and effect.

12. Disputes

• 12.1 In the event of any dispute between the parties to these Terms the parties shall within 14 (fourteen) days of a written request from a party to the other, meet in a good faith effort to resolve the dispute without recourse to proceedings. If the dispute is not resolved as a result of such meeting, any party may (at such meeting or within 14 (fourteen) days from its conclusion) propose to the other in writing that structured negotiations be entered into with the assistance of a mediator via arbitration (the “Mediator”). If the parties are unable to agree on the appointment of a Mediator or the Mediator is unable or unwilling to act, either party may within fourteen days from the date of the proposal to appoint a Mediator or within 14 (fourteen) days of notice to any party that he or she is unable or unwilling to act, apply to appoint a Mediator. The parties shall within 14 (fourteen) days of the appointment of the Mediator,, so meet with him or her in order to agree a programme for the exchange of any relevant information and the structure to be adopted for the negotiations. All negotiations connected with the dispute shall be conducted in confidence and without prejudice to the rights of the parties in any future proceedings. If the parties accept the Mediator’s recommendations or otherwise reach agreement on the resolution of the disputes, such agreement shall be set down in writing and, when signed by their duly authorized representative, shall be binding on the parties. Failing agreement, either of the parties may invite the Mediator to provide a non-binding opinion in writing. Such opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings commenced pursuant to the terms of these Terms without the prior written consent of the parties.

13. Assignment

• 13.1 Neither party shall assign the whole or any part of these Terms without the prior written consent of the other party, such consent not to be unreasonably withheld, however GO4CONTACT shall be entitled to assign these Terms to any entity that purchases the shares or assets of that party as the result of a merger, takeover or similar event, unless such acquiring entity is a competitor of the non-assigning party.

14. Communication & Notices

• 14.1 Notices or proceedings relating to a dispute shall be given by post addressed to the other party at its registered office or principal place of business as may at the relevant time have been notified. Other notices required to be given by either party to the other under the terms of these Terms may be given in writing by post or by email. Where such notice is given by email it shall be sent to the registered email address provided to GO4CONTACT by the Client.

  14.2 Any such notice shall be delivered by email to management@go4.contact and will be deemed to have been received.

15. General

• 15.1 Except where otherwise expressly stated herein, these Terms constitute the entire agreement between the parties relating to the subject matter of these Terms and, supersedes any previous agreement or understanding whatsoever whether oral or written relating to the subject matter of these Terms. In the event of any conflict between these Terms and the terms contained in the Service Agreement, the Service Agreement shall prevail.

• 15.2 GO4CONTACT, may at its reasonable discretion, change or modify the Terms or Services to comply with a change in any applicable law upon giving the Client 30 (thirty) days’ notice of the same either by email or notification on the website. Within a further 14 (fourteen) days from the expiry of such 30 (thirty) days’ notice, the Client may notify GO4CONTACT in writing that it wishes to terminate these Terms with effect from the date of any proposed change to the Terms or Services. GO4CONTACT may then choose to either accept the notice of termination from the Client, alter the Terms or Service or withdraw its notice to the Client. If no such notice is received from the Client, the Client shall be deemed to have accepted the changes made by GO4CONTACT.

• 15.3 Each party warrants to the other that it has the power and authority:

  (a) to enter into these Terms; and (b) to perform its obligations under these Terms.

• 15.4 These Terms shall not be deemed to create any partnership or employment relationship between the parties.

• 15.5 Nothing contained in these Terms is intended to be enforceable by any third party pursuant to any rights that such third party may have under applicable law or otherwise.

• 15.6 No act, failure or delay to act, or acquiescence by GO4CONTACT or the Client in exercising any of its rights under these Terms shall be deemed to be a waiver of that right or in any way prejudice any right of GO4CONTACT or the client under these Terms, and no waiver by GO4CONTACT of any breach of these Terms by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. Any waiver or relaxation whether partly or wholly of any of the terms or conditions of these Terms shall be valid only if in writing and signed by or on behalf of GO4CONTACT and shall apply only to a particular occasion and shall not be continuing and further shall not constitute a waiver or relaxation of any other terms or conditions of these Terms.

• 15.7 If any provision of these Terms is held by any court or other competent authority to be unlawful, invalid or unenforceable in whole or in part, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.

16. Jurisdiction and Applicable Law

• 16.1 Each party agrees to these Terms being subject to the applicable law of the country or state as specified below, without regard to choice of law or conflict of law rules, and the courts specified below shall have exclusive jurisdiction to determine any disputes arising under these Terms, being: for Clients signing a Service Agreement with GO4AUSTRALIA Pty Ltd – the laws of New South Wales, Australia shall govern these Terms and the courts of New South Wales, Australia shall have exclusive jurisdiction; or an independent Mediation & Arbitration to be mutually agreed upon.

17. Compliance & Export Restrictions

• 17.1 Modern Slavery. GO4CONTACT undertakes and represents that:

  a) neither GO4CONTACT nor any of its officers, employees, agents or subcontractors has:

  committed an offence under the Modern Slavery Act 2015 (an “MSA Offence“); or

  been notified that it is subject to an investigation relating to an alleged MSA Offence or prosecution under the Modern Slavery Act 2015; or

  is aware if any circumstances within its supply chain that could give rise to an investigation relating to an alleged MSA Offence or prosecution under the Modern Slavery Act 2015;

  b) it shall comply with the Modern Slavery Act 2015 and GO4CONTACT’s Modern Slavery Policy (as applicable);

  c) it shall notify the Client immediately in writing if it becomes aware or has reason to believe that it, or any of its officers, employees, agents or subcontractors have breached or potentially breached any of GO4CONTACT’s obligations under clause 17.1(b). Any such notice shall set out full details of the circumstances concerning the breach or potential breach of GO4CONTACT’s obligations.

• 17.2 Bribery. For the purposes of this clauses, means the Bribery Act 2010 and associated guidance published by the Secretary of State for Justice under the Bribery Act 2010. GO4CONTACT, shall ensure that it and each person referred to in (a) to (c) below (inclusive) does not, by any act or omission, place Client in breach of any Bribery Laws. GO4CONTACT shall comply with all applicable Bribery Laws in connection with the performance of the Services, ensure that it has in place adequate procedures to prevent any breach of this clause 17.2 and ensure that:

  (a) all of GO4CONTACT’s personnel and all direct and indirect subcontractors of GO4CONTACT;

  (b) all others associated with GO4CONTACT; and

  (c) each person employed by or acting for or on behalf of any of those persons referred to in (a) and (b) above), involved in performing the Services or with these Terms so comply.

  Without limitation to the above, GO4CONTACT shall not in connection with the performance of the Services and/or these Terms make or receive any bribe (which term shall be construed in accordance with the Bribery Act 2010) or other improper payment or advantage, or allow any such to be made or received on its behalf, either in the United Kingdom or elsewhere, and will implement and maintain adequate procedures to ensure that such bribes or improper payments or advantages are not made or received directly or indirectly on its behalf.

  GO4CONTACT shall immediately notify the Client as soon as it becomes aware of a breach of any of the requirements in this clause 17.2.

• 17.3 Export Restrictions. The Services, content, and other technology that GO4CONTACT makes available, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied party list. The Client shall not permit users to access or use any Service or content in a U.S. embargoed country (currently Cuba, Iran, North Korea, Sudan or Syria) or in violation of any U.S. export law or regulation.

COOKIES POLICY

This is the Cookie Policy for GO4Contact, accessible from https://go4.contact/legal-information?page=cookies-policy

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the sites functionality.

How We Use Cookies

We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

Disabling Cookies

You can prevent the setting of cookies by adjsting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the this site. Therefore it is recommended that you do not disable cookies. This Cookies Policy was created with the help of the Cookies Policy Generator.

The Cookies We Set

• Account related cookies

  If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.

• Login related cookies

  We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

• Forms related cookies

  When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

• Site preferences cookies

  In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

• From time to time we test new features and make subtle changes to the way that the site is delivered. When we are still testing new features these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

• We use adverts to offset the costs of running this site and provide funding for further development. The behavioural advertising cookies used by this site are designed to ensure that we provide you with the most relevant adverts where possible by anonymously tracking your interests and presenting similar things that may be of interest.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.

For more general information on cookies, please read the Cookies Policy article.

However if you are still looking for more information then you can contact us through one of our preferred contact methods:

• Email: support@go4.contact

PRIVACY POLICY

We ask that you read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

Importantly, (i) where we use the term “client” we are referring to the entity in contract with us to use the GO4CONTACT services; (ii) where we use the term “you” we are referring to visitors to our website www.go4.contact or clients using the GO4CONTACT services; (iii) where we use the term “end-user” we are referring to individual users of a client, and; where we use the term “contact” we are referring to a person contacted through your use of the GO4CONTACT services, someone that you may contact in the future using the GO4CONTACT services, or any individual whose information you provide to us in your use of the GO4CONTACT service.

Who we are

GO4AUSTRALIA Pty. Ltd, trading as GO4CONTACT (based in NSW, Australia) collects, uses and is responsible for certain personal information about you.

GO4AUSTRALIA Pty Ltd, trading as GO4CONTACT (based in NSW, Australia) respects and directly adheres to all country specific data protection rules, laws and regulations, being the United Kingdom under the Data Protection Act 2018, European - General Data Protection Regulation. Though we are not the “processor” or “controller” under these Laws ans Regulations.

As GO4AUSTRALIA Pty Ltd, trading as GO4CONTACT (based in NSW, Australia) is based outside of the European Economic Area, the United Kingdom, USA, and all other countries, we do not have or maintain direct representation in these countries.

The personal information we collect and use

• Information you provide voluntarily

  In the course of signing up for and using the GO4CONTACT services, consulting with our support teams, sending us an email, connecting another account with the GO4CONTACT services (e.g. using one of our connectors), or communicating with us in any way, you are voluntarily giving us information that we collect. That information may include either your or your end-users’ name, email address, IP address, phone number, postal address, in addition to other details that may include gender, location, occupation or other information of a demographic nature. In supplying this information, you consent to this information being collected, used, disclosed, transferred to GO4CONTACT affiliates and stored by us, as described in our Terms and this Privacy Policy.

• Information we automatically collect

  When you browse one of our websites, use the GO4CONTACT platform or interact with an email that we send to you, we may collect information about your web browsing and use of the site or platform. This may include details of your operating system, location, IP address, browser ID, browsing activity, and other information about how you interacted with GO4CONTACT’s services. We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies. We use this information to help improve the website or monitor the performance of our campaigns.

  Both GO4CONTACT and our third party partners may use assorted technologies to collect and store information when you use the GO4CONTACT platform or visit our website or interact with an email from us. This may include using cookies and similar tracking technologies (e.g. pixels and web beacons) to analyse behaviour, track movements around the website, provide targeted advertisements, and gather demographic information. We may partner with third parties to display advertising on our website or to manage and supply our advertising on other sites. These partners may use cookies or other tracking methods in order to provide you content or advertisements based upon your browsing activities and interests. You are able to control the use of cookies at an individual browser level. Please refer to our Cookie Policy, for more information.

• Information through GO4CONTACT

  We also obtain personal information from your use of the GO4CONTACT platform. When you upload contact data in the GO4CONTACT platform, we may have access to the data and content of your messages. We receive information about how you use the GO4CONTACT platform and store it in log files or other types of files associated to your account and link it to other information we hold about you. This information might include the date and date of any activity, the browser and IP address as well as actions your end-users have taken within the GO4CONTACT platform. This information helps us to improve the GO4CONTACT platform for you for all users of the platform.

• Information from elsewhere

  GO4CONTACT may obtain information about you or end-users from third parties, such as public databases, social media platforms, third party data providers and our marketing partners. Examples of the information we may receive from other sources include device information (e.g. IP address and browser), location, behavioral data and demographic information. We may use this information, alone or in combination with other information described above, to develop or provide more relevant platform features or services (e.g. social media data of end-users allowing you to send more relevant content) or provide more relevant marketing and content to you.

• Public information and third-party sites

  GO4CONTACT websites include social media features (either hosted by a third party or hosted directly on our website), which may collect information about your IP address and which page you are visiting. The feature may set a cookie to make sure the feature functions properly. We also maintain presences on social media platforms including Facebook, Twitter, and Instagram. Your interactions with these platforms are governed by the privacy policies of the companies that provide them. Anything you submit to GO4CONTACT via a social media platform is done so at your own risk without any expectation of privacy.

  Further, any comments or information you supply on any blog that GO4CONTACT operates can be read, used or collected by anyone. If your information appears in our blog pages and you want it removed, contact our Marketing team: marketing@GO4CONTACT.com.

  Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy policy. We accept no responsibility or liability for such other websites. You should exercise caution when entering personal information online and look at the privacy statement applicable to the website in question.

How we use personal information

We use and disclose personal information to:

• Supply, improve and support the services we provide (this includes using the data you provide to use the Engagement Cloud platform to contact end-users, aggregating information from your use of the platform or our website and sharing this with third parties to improve the services that we provide);

• Confirm your identity in using the Engagement Cloud platform;

• Send you information and promotional content (you can amend your marketing preferences in our preference centre or stop receiving messages by unsubscribing);

• Promote our services to you (e.g. when we collect your personal information on our website, we may contact you further to invite you to use our platform);

• Perform the obligations of our contract with you or applicable law (e.g. to enforce our terms, communicate with you and provide support);

• Protect, investigate and deter against fraudulent, harmful, unauthorized or illegal activity;

• Bill you (e.g. to send you invoices, process payment, notices). Note that we use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments.

• Send notifications about the platform;

• Bring or defend legal proceedings, meet legal requirements (e.g. complying with court orders, enforcement actions, or other legally valid mechanisms) or respond to lawful requests by public authorities or law enforcement requests; and

• Provide information to our professional advisors.

When using the GO4CONTACT platform, you may import contact or other personal information you have collected into our system. We have no direct relationship with your contacts or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for GO4CONTACT to collect and process information about those individuals.

Further to the uses described above, we may aggregate and/or de-identify any information that we collect, such that the information no longer identifies any specific individual. We may use, disclose and otherwise process such information for our own legitimate business purposes without restriction. We may transfer personal information of you or your end-users to companies that help us promote, provide, or support our platform or other services that we provide. We may partner with and use various third party software and services, including analytics services, to help understand your usage of our products and services. In particular, we provide a limited amount of your information (such as your email address and sign-up date) to select third party services to collect data for analytics purposes when you visit our website or use our products and services. This allows GO4CONTACT to monitor your use of our website, products and services and tracks our relationship so that we can improve our service to you. We may also use these third party services for communications, either through email, or through messages within our products and services. These third party services may collect publicly available contact and social information related to you, such as your name, email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to enhance your user experience.

Third parties

We may disclose personal information to advertising partners, networks and exchanges to display advertising on our website or to manage and serve our advertising on other sites and may share personal information with them for this purpose. All third parties with which we share this information are required to use your Personal Information in a manner that is consistent with this policy. This may include using cookies and similar tracking technologies (e.g. pixels and web beacons) to analyse behaviour, track movements around the website, provide targeted advertisements, and gather demographic information. We partner with third parties to display advertising on our website or to manage and supply our advertising on other sites. These partners may use cookies or other tracking methods in order to provide you content or advertisements based upon your browsing activities and interests. Please refer to our Cookie Policy, for more information.

For details about how we engage third parties when we process your contact or end-user data when you use our platform and services, please see our terms & conditions.

• How long your personal information will be kept

  In providing services to you, we will hold personal information for as long as are providing you the services for or in order to comply with our legal obligations, enforce the terms of our contracts, resolve disputes or prevent abuse. Otherwise, we only hold personal information for as long as is necessary.

• Reasons we can collect and use your personal information

  In relation to clients, the lawful basis for which we rely on to collect and process your data is typically performance of our contractual obligations.

  If you are not a GO4CONTACT client, we rely on legitimate interest as the lawful basis on which we collect and use your personal data in relation to contacting you further in certain situations. Our legitimate interests are usually to provide individuals representing a business with details of our products or services through B2B direct marketing. If you are an individual, the basis on which we collect and use your personal data to contact you is often consent.

  If you have any questions about the lawful basis on which we are processing your personal data, please contact privacy@go4.contact.

• Transfer of your information out of the UK or the EEA

  Your personal information may be stored and processed in any country where we have facilities or service providers, and by using our service or by providing consent to us (where required by law), you agree to the transfer of information to countries outside of your country of residence, including to the United States, which may provide for different data protection rules than in your country. Please note that all GO4CONTACT entities operate under Standard Contractual Clauses and applicable measures of the GDPR providing protections and safeguards for cross-border transfers. We take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Your GDPR rights

For UK & European residents, under the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:

• Fair processing of information and transparency over how we use your use personal information kept.

• Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address require us to correct any mistakes in your information which we hold.

• Require the erasure of personal information concerning you in certain situations.

• Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations.

• Object at any time to processing of personal information concerning you for direct marketing.

• Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you.

• Object in certain other situations to our continued processing of your personal information.

• Otherwise restrict our processing of your personal information in certain circumstances.

If you would like to exercise any of those rights, please:

• Email to our Data Protection Officer at privacy@go4.contact.

• let us have enough information to identify you,

• let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and

• let us know the information to which your request relates, including any account or reference numbers, if you have them.

If you would like to unsubscribe from any email newsletter you can also click on the 'unsubscribe' button at the bottom of the email. It may take up to 24 hours for this to take place.

Your CCPA Rights

In addition to the general rights set out under this Privacy Policy, if you are a resident of California, Californian law means you have a number of important rights free of charge. In summary, those include rights to:

• request information, including a list of the categories of Personal Information (e.g. name, email, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third-parties' direct marketing purposes, from businesses with whom you have an established business relationship, & the names and addresses of all such third parties;

• portability of such information and receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations;

• require the erasure of personal information concerning you in certain situations; and

• we do not sell your data to third parties, and the categories of information that we collect are listed above in this policy, but for any queries or other requests please email us at privacy@go4.contact.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain

We hope that we can resolve any query or concern you raise about our use of your information. If cannot, or do not you have recourse to contact the respective Data Protection Authority in the respective country that your reside.

For individuals residing in Australia, they may directly contact the Office of the Australian Information Commissioner at https://www.oaic.gov.au/ through their website and the respective contact forms and telephone number, being 1 300 363 992.

For individuals residing with the European Union, the General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred.

The same applies for all other residents and their respective country of residence.

Changes to this privacy notice

This privacy notice was published on the 14th August, 2023.

We may change this privacy notice from time to time, when we do we will inform you via email.

How to contact us

If you have any questions or concerns about the way in which GO4CONTACT handles any privacy matter or the information we hold about you, please contact us on the details below.

• For Australia Residents

  For the purposes of the Australian data protection legislation, please contact our Data Protection Officer. Please direct emails to privacy@go4.contact or write to Data Protection Officer, GO4AUSTRALIA Pty Ltd., P.O Box 370, Brighton Le Sands, NSW, 2216, Australia.

• For all other Countries

  If you wish to contact our Data Protection Officer please send an email to privacy@go4.contact or write to Data Protection Officer, GO4AUSTRALIA Pty Ltd., P.O Box 370, Brighton Le Sands, NSW, 2216, Australia.

ACCEPTABLE USE MARKETING POLICY

GO4CONTACT. is committed to operate a policy of permission-based marketing, to facilitate the best possible deliver-ability rates and a trusted sender reputation for you, our customers. As recipients will have given permission, they will have a positive interaction with the messages they are receiving with higher success rates of reaching the recipient’s inbox.

GO4CONTACT’s platforms can only be used to send messages to recipients that have provided explicit and evidence based permission. As a GO4CONTACT client, you agree to follow GO4CONTACT’s Acceptable and Permission Marketing Policy regarding how you acquire and use recipient addresses.

Furthermore, the Acceptable Use Marketing Policy describes actions that GO4CONTACT prohibits when any party uses the GO4CONTACT Services. The GO4CONTACT Services may not be used in any illegal, abusive or other manner that interferes with the business or activities of any other party. The following list gives examples of prohibited. This list is provided by way of example and should not be considered exhaustive.

Acceptable acquisition practices

• Contacts acquired via opt-in
• Organically acquired lists
• Using a confirmed opt-in service (COI)
• Co-branded messages or co-registered opt in (provided that clear, informed permission is given)
• Transaction-based e.g. for transactional messages
• Lists who have explicitly given permission to the type of content being sent

Uncceptable acquisition practices

• Purchased lists
• List rentals
• Harvested or scraped lists
• Email or mobile appended
• Opt-out lists
• Any list from a 3rd party defined as: data where you are not the original collector of recipient data

GO4CONTACT, specifically forbid these activities as message receivers will block or automatically flag messages as spam or junk. Albeit not prohibited, extra care should also be taken in sending to old lists of recipients, even if permissioned, as many recipients will have forgotten, increasing the likelihood of complaints harming your sender reputation.

Unacceptable content

As part of this policy, GO4CONTACT prohibits customers from sending content amounting to spam. This includes using GO4CONTACT’s platforms to send:

• Unsolicited or unauthorized advertising
• Promotional material
• ‘Junk mail’
• ‘Chain letters’
• Pyramid schemes
• Messages relating to explicit or offensive content, illegal goods or services
• Messages with hidden or obscured unsubscribe links

These unacceptable acquisition practices and content go further than applicable laws (such as GDPR, CAN-SPAM, PIPEDA) and set a higher standard in order to preserve reputation and minimize complaints, opt-outs and unsubscribes from recipients.

Unacceptable Use Cases

To include but not limited to:

• Enact so to alter or breach any security mechanism on any of the GO4CONTACT’s Services or using it in any manner that poses a security or service risk to GO4CONTACT or any of its users.
• The transmission of any and all material that contains viruses, Trojan horses, worms or any other malicious, harmful, or infectious programs.
• The violating or facilitating the violation of any local or foreign law, including laws regarding the transmission of data or software.
• Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
• Transmit any material that infringes the intellectual property rights or other rights of third parties.
• Transmit any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity.

Ensuring Success

Where necessary, GO4CONTACT monitors messages sent through our platforms and reserve the right to ensure compliance with this permission-based marketing policy. This includes suspending access to the services, and in the case of repeat violations, terminating the provision of the services. We will always endeavor to notify you where your conduct fails to meet the above requirements, and to give advice on how to adjust behavior in line with this policy. Our customer success and support team are also available to discuss best practice marketing strategy and advise on how to increase and optimize the successful delivery of your messages and the throughput thereof. Your success and reputation is our success and reputation and together we can help you achieve your marketing goals.

DATA PROCCESSING AGREEMENT

This Data Processing Agreement (“D.P.A”) is made by and between the parties to any Service Agreement or Terms incorporating this D.P.A by reference and this D.P.A shall be in addition to any obligations set out in any Service Agreement or Terms.

This D.P.A outlines the obligations between the parties where GO4CONTACT acts as a data processor in providing Services to the Client insofar as it relates to Client contact personal data.

Definitions

All capitalized terms in this DPA shall have the meaning as prescribed by the GO4CONTACT Terms as located at https://go4.contact/legal-information?page=terms-and-conditions or as otherwise agreed between the parties, unless otherwise specified below.

Applicable Law means as applicable and binding on the Client, GO4CONTACT and/or the Services:

• (a) any law, statute, regulation, bylaw or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of, as may be specified in Terms;
• (b) the common law and laws of equity as applicable to the parties from time to time;
• (c) any binding court order, judgment or decree; or
• (d) any applicable direction, policy, rule or order that is binding on a party and that is made or given by any regulatory body having jurisdiction over a party or any of that party’s assets, resources or business;

Data Officer means the party determining the processing activities conducted in relation to Personal Data, as may be more described under applicable Data Protection Laws;

Data Processor means the party conducting processing activities at the instruction of the Data Controller in relation to Personal Data, as may be more described under applicable Data Protection Laws;

Data Protection Laws means as applicable and binding on the Client, GO4CONTACT and/or the Services:

• (a) for Services supplied by GO4AUSTRALIA Pty Ltd., all state and national legislation applicable to the processing of Personal Data as contemplated under the Service Agreement, including but not limited to, the Privacy Act 1988 and/or any corresponding or equivalent national laws or regulations;
• (b) for Services supplied by GO4AUSTRALIA Pty Ltd., and the respective Country that it operates through or in and that Country’s Personal Data and Protection Laws and and all regulations, notifications and other subordinate legislation in force from time to time;
• (c) specifically in relation to the Client, all data protection and/or privacy laws in which recipient Data Subjects are contacted through the Services are located;
• (d) any Applicable Laws replacing, amending, extending, re-enacting or consolidating any of the above Data Protection Laws from time to time;

Data Protection Losses means:

• (a) administrative fines, penalties, sanctions, liabilities or other remedies imposed by a Supervisory Authority; and/or
• (b) compensation which is ordered by a Supervisory Authority to be paid to a Data Subject;

Data Subject means the individual to whom Personal Data relates (as may be further defined by applicable Data Protection Laws, whether defined under the same term or as an equivalent term);

Data Subject Request means a request made by a Data Subject to exercise any rights of Data Subjects under Data Protection Laws;

International Recipient has the meaning given to that term in clause 6.2 and 6.5;

Personal Data has the meaning given to that term in Data Protection Laws, or, where that term is not identically defined in the applicable Data Protection Law, the meaning given to the equivalent defined term in that applicable Data Protection Law;

Personal Data Breach means any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, any Protected Data;

Processing has the meanings given to that term in Data Protection Laws (and related terms such as process have corresponding meanings);

Processing Instructions has the meaning given to that term in clause 3.2.1;

Protected Data means Personal Data received from or on behalf of the Client in connection with the performance of GO4CONTACT’s obligations under this DPA;

EU SCCs means the standard contractual clauses for the transfer of personal data to third countries authorised by the Commission Decision of 4 June 2021 pursuant to Regulation (EU) 2016/679 (2010/87/EU), or such alternative clauses as may be approved by the European Commission from time to time;

Sub-Processor means another Data Processor engaged by GO4CONTACT for carrying out processing activities in respect of the Protected Data on behalf of the Client;

Supervisory Authority means any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering Data Protection Laws;

UK SCCs means the Information Commissioner’s Office’s (“ICO”) International Data Transfer Agreement (“IDTA”) for the transfer of personal data from the UK and/or the ICO’s International Data Transfer Addendum to EU Commission Standard Contractual Clauses, or such alternative clauses as may be approved by the UK from time to time.

References to any Applicable Laws (including to the Data Protection Laws and each of them specifically, as the case may be) and to terms defined in such Applicable Laws shall be replaced with or incorporate (as the case may be) references to any Applicable Laws replacing, amending, extending, re-enacting or consolidating such Applicable Law (including any new Data Protection Laws from time to time) and the equivalent terms defined in such Applicable Laws, once in force and applicable. A reference to a law includes all subordinate legislation made under that law.

1. Interaction with the Agreement

1.1 This D.P.A will take effect from the date on which the Client accepts the terms of this D.P.A (or signs a Service Agreement incorporating the terms of this D.P.A) and shall continue until the end of GO4CONTACT’s provision of the Services (including any period of suspension, where relevant) (“Term”).

1.2 Except for the changes made by this D.P.A, the Terms and Service Agreement remain in full force and effect. To the extent that there is any conflict between this D.P.A and the Terms, the order of precedence shall be, the clauses of this D.P.A and then the Terms.

2. Data Processor and Data Controller

2.1 The parties agree that in relation to Protected Data (as it may be applicable to the parties under Data Protection Laws), the Client shall be the Data Officer and GO4CONTACT shall be the Data Processor.

2.2 GO4CONTACT shall process Protected Data in compliance with:

• 2.2.1 the obligations of Data Processors under Data Protection Laws in respect of the performance of its obligations herein; and
• 2.2.2 the terms of this D.P.A, the Terms and the Service Agreement which sets out the Client’s instructions in relation to such processing activities.

2.3 The Client shall comply with:

• 2.3.1 all Data Protection Laws in connection with the processing of Protected Data, use of the Services and the exercise and performance of its respective rights and obligations under this D.P.A, including maintaining all relevant regulatory registrations and notifications as required under Data Protection Laws; and
• 2.3.2 the terms of this D.P.A.

2.4 The Client warrants, represents and undertakes, that:

• 2.4.1 all data sourced by the Client for use in connection with the Services shall comply in all respects, including in terms of its collection, storage and processing (which shall include the Client providing all of the required fair processing information to, and obtaining all necessary consents from, Data Subjects), with Data Protection Laws; and
• 2.4.2 all instructions given by it to GO4CONTACT in respect of Personal Data shall at all times be in accordance with Data Protection Laws.

2.5 The Client shall not unreasonably withhold, delay or condition its agreement to any change or amendment requested by GO4CONTACT in order to ensure the Services and GO4CONTACT (and each Sub-Processor) can comply with Data Protection Laws.

3. Instructions and details of processing

3.1 By entering into this D.P.A, Client instructs GO4CONTACT to process Client Protected Data only in accordance with Applicable Law:

• 3.1.1 To provide the Services;
• 3.1.2 As further specified by Client’s use of the Services or the Software;
• 3.1.3 As documented in the form of the terms and this DPA; and
• 3.1.4 As further documented in any other written instructions provided by the Client and acknowledged by GO4CONTACT as being instructions for the purposes of this D.P.A.

3.2 Insofar as GO4CONTACT processes Protected Data on behalf of the Client, GO4CONTACT:

• 3.2.1 unless required to do otherwise by Applicable Law, shall (and shall take steps to ensure each person acting under its authority shall) process the Protected Data only on and in accordance with the Client’s documented instructions as set out in this clause, as updated from time to time as agreed between the parties (“Processing Instructions“);
• 3.2.2 if Applicable Law requires it to process Protected Data other than in accordance with the Processing Instructions, shall notify the Client of any such requirement before processing the Protected Data (unless Applicable Law prohibits such information on important grounds of public interest); and
• 3.2.3 shall inform the Client if GO4CONTACT becomes aware of a Processing Instruction that, in GO4CONTACT’s opinion, infringes Data Protection Laws, provided that:
  • (a) this shall be without prejudice to clauses 3 and 2.4; and
  • (b) to the maximum extent permitted by mandatory law, GO4CONTACT shall have no liability howsoever arising (whether in contract, tort (including negligence) or otherwise) for any losses, costs, expenses or liabilities (including any Data Protection Losses) arising from or in connection with any processing in accordance with the Client’s Processing Instructions following the Client’s receipt of that information.

3.3 The subject matter and details of the processing of Protected Data to be carried out by GO4CONTACT under this D.P.A shall comprise the processing set out in Schedule 1 (Data Processing details), as may be updated from time to time as agreed between the parties.

3.4 Further to the above, GO4CONTACT acknowledges that its processing of Protected Data is limited to that as set out in this D.P.A in order to supply the Services to the Client and will not retain, use or disclose Protected Data other than specified under this D.P.A, or (for the purposes of US Data Protection Laws) “sell” Protected Data, as that term is defined under the CCPA.

4. Technical and organisational measures

4.1 GO4CONTACT shall implement and maintain, at its cost and expense and in relation to the processing of Protected Data by GO4CONTACT, technical and organisational measures taking into account the nature of the processing, to assist the Client insofar as is possible in the fulfilment of the Client’s obligations to respond to Data Subject Requests relating to Protected Data.

5. Using Sub-Processors

5.1 Subject to the remainder of this clause 5, GO4CONTACT shall not engage any Sub-Processor for carrying out any processing activities in respect of the Protected Data without the Client’s written authorisation (such authorisation not to be unreasonably withheld, conditioned or delayed).

5.2 Client specifically authorizes the engagement of GO4CONTACT’s affiliates and associated group companies as Sub-Processors and also authorizes the appointment of any of the Sub-Processors, as GO4CONTACT, deems necessary to fulfill its obligations in delivering the best service to the client.

5.3 GO4CONTACT shall ensure:

• 5.3.1 via a written contract that the Sub-Processor only accesses and processes Protected Data to perform the obligations subcontracted to it and does so in accordance with the measures contained in this D.P.A that is enforceable by GO4CONTACT; and
• 5.3.2 remain fully liable for all the acts and omissions of each Sub-Processor as if they were its own.

5.4 When any new Sub-Processor is engaged by GO4CONTACT during the Term, GO4CONTACT shall give Client 30 days’ prior notice of the appointment of any new Sub-processor, including details of the Processing to be undertaken by the Sub-Processor, via email.

5.5 Client may object (on reasonable grounds and only relating to data protection) to any new Sub-Processor appointed per clause 5.4. above within 14 days of GO4CONTACT’s notice; If Client notifies GO4CONTACT in writing of any objections to the proposed appointment:

• 5.5.1 GO4CONTACT shall work with Client in good faith to make available a commercially reasonable change in the provision of the Services which avoids the use of that proposed Sub-Processor; and
• 5.5.2 where such a change cannot be made within 14 days of GO4CONTACT’s receipt of Client’s notice, Client may by written notice to GO4CONTACT with immediate effect terminate the Service Agreement to the extent that it relates to the Services which require the use of the proposed Sub-Processor. This termination right is Client’s sole and exclusive remedy to Client’s objection of any Sub-Processor appointed by GO4CONTACT during the Term.

6. International data transfers

6.1 Australian Transfers - Where GO4CONTACT receives Protected Data protected by Australian Data Protection Laws, the Client acknowledges and agrees that GO4CONTACT may transfer such Personal Data to Sub-Processors located outside of Australia, as contemplated under this D.P.A subject to GO4CONTACT complying with this DPA and applicable Data Protection Laws.

6.2 European Transfers - The Client agrees that GO4CONTACT may transfer any Protected Data to Sub-Processors located in countries outside the European Economic Area (EEA) (an “EEA International Recipient“), provided all transfers by GO4CONTACT of Protected Data to an EEA International Recipient shall (to the extent required under Data Protection Laws) be subject to and in compliance with the EU SCCs (or, where permitted until 27 December 2022, the standard contractual clauses for the transfer of personal data to processors established in third countries authorised by the Commission Decision of 5 February 2010 (2010/87/EU) and other requirements of Data Protection Laws including, but not limited to, data transfer impact assessments, third country assessments and agreeing additional safeguards as necessary.

6.3 Where there is a transfer of Protected Data to GO4CONTACT by a Client established in the European Economic Area, and the location of the relevant GO4CONTACT entity is a third country under European Data Protection Laws, GO4CONTACT agrees to abide by and process Protected Data in compliance with the EU SCCs. Clients may request to enter into EU SCCs directly with GO4CONTACT by contacting us at privacy@go4.contact.

GO4CONTACT, has taken appropriate steps to ascertain whether, and to ensure that, that any recipient of the Protected Data is bound by legally enforceable obligations to provide to the transferred Protected Data a standard of protection that is at least comparable to the protection under the P.D.P.A.

7. Staff

7.1 GO4CONTACT shall ensure that all persons authorised by it (or by any Sub-Processor) to process Protected Data are subject to a binding written contractual obligation to keep the Protected Data confidential (except where disclosure is required in accordance with Applicable Law, in which case GO4CONTACT shall, where practicable and not prohibited by Applicable Law, notify the Client of any such requirement before such disclosure).

8. Assistance with the Client’s compliance and Data Subject rights

8.1 GO4CONTACT shall refer all Data Subject Requests it receives to the Client within three Business Days of receipt of the request.

8.2 Further to the above and notwithstanding anything to the contrary in the Terms, GO4CONTACT reserves the right to disclose the identity of the Client to any relevant Data Subject following any such request from a Data Subject.

8.3 GO4CONTACT shall provide such reasonable assistance as the Client reasonably requires (taking into account the nature of processing and the information available to GO4CONTACT) to the Client in ensuring compliance with the Client’s obligations under Data Protection Laws with respect to:

• 8.3.1 security of processing;
• 8.3.2 data protection impact assessments (as such term is defined in Data Protection Laws);
• 8.3.3 prior consultation with a Supervisory Authority regarding high risk processing; and
• 8.3.4 notifications to the Supervisory Authority and/or communications to Data Subjects by the Client in response to any Personal Data Breach.

9. Records, information and audit

9.1 GO4CONTACT shall maintain, in accordance with Data Protection Laws binding on GO4CONTACT, written records of all categories of processing activities carried out on behalf of the Client.

9.2 GO4CONTACT shall, in accordance with Data Protection Laws, make available to the Client such information as is reasonably necessary to demonstrate GO4CONTACT’s compliance with the obligations of Data Processors under Data Protection Laws, and allow for and contribute to audits, including inspections, by the Client (or another auditor mandated by the Client) for this purpose, subject to the Client:

• 9.2.1 giving GO4CONTACT reasonable prior notice of such information request, audit and/or inspection being required by the Client;
• 9.2.2 ensuring that all information obtained or generated by the Client or its auditor(s) in connection with such information requests, inspections and audits is kept strictly confidential (save for disclosure to the Supervisory Authority or as otherwise required by Applicable Law);
• 9.2.3 ensuring that such audit or inspection is undertaken during normal business hours, with minimal disruption to GO4CONTACT’s business and the business of other Clients of GO4CONTACT; and
• 9.2.4 paying GO4CONTACT’s reasonable costs for assisting with the provision of information and allowing for and contributing to inspections and audits on-site, calculated on a time & materials basis.

10. Breach notification

10.1 In respect of any Personal Data Breach involving Protected Data, GO4CONTACT shall, without undue delay (but in any event within 24 hours) from when GO4CONTACT becomes aware of the same:

• 10.1.1 notify the Client of the Personal Data Breach; and
• 10.1.2 provide the Client, where possible, with details of the Personal Data Breach.

10.2 Notice of a Personal Data Breach as contemplated under 10.1.1 above shall include:

• 10.2.1 the nature of the Personal Data Breach (including, where possible, the categories and approximate number of data subjects and data records concerned);
• 10.2.2 the likely consequences of the Personal Data Breach; and
• 10.2.3 the measures taken or proposed to be taken to address the Personal Data Breach, including, where appropriate, measures to mitigate its possible adverse effects; and
• 10.2.4 such other information as may be required by Data Protection Law.

11. Deletion or return of Protected Data and copies

11.1 GO4CONTACT shall, at the Client’s written request, or provide facilities for the Client to either delete or return all the Protected Data to the Client in such form as the Client reasonably requests within a reasonable time after the earlier of:

• 11.1.1 the end of the provision of the relevant Services related to processing; or
• 11.1.2 once processing by GO4CONTACT of any Protected Data is no longer required for the purpose of GO4CONTACT’s performance of its relevant obligations under the Service Agreement, and delete existing copies (unless storage of any data is required by Applicable Law and, if so, GO4CONTACT shall inform the Client of any such requirement).

12. Liability

12.1 Any claims brought under or in connection with this D.P.A shall be subject to the terms and conditions, including, but not limited to, the exclusions and limitations set out in the Terms.

12.2 Notwithstanding the foregoing, the limitations specified in 12.1 above shall not apply to Data Protection Losses. In no event shall any party limit its liability with respect to any individual’s data protection rights under this D.P.A or otherwise.

12.3 Any Data Protection Losses incurred by one party arising from or in connection with the other’s failure to comply with its obligations under this DPA or any applicable Data Protection Laws shall be considered a liability to the non-compliant party.

13. Cooperation

13.1 If a party receives a compensation claim from an individual or Supervisory Authority relating to processing of Protected Data, it shall promptly provide the other party with notice and full details of such claim. The party with conduct of the action shall:

• 13.1.1 make no admission of liability nor agree to any settlement or compromise of the relevant claim without the prior written consent of the other party (which shall not be unreasonably withheld or delayed); and
• 13.1.2 consult fully with the other party in relation to any such action.

14. Government Requests

14.1 GO4CONTACT does not, as a matter of course, voluntarily supply government authorities, agencies or law enforcement access to or information relating to GO4CONTACT Client accounts or Protected Data. If GO4CONTACT receives a compulsory request (whether via court order, warrant, or other valid legal process) from any government authority, agency or law enforcement for access to or information relating to a Client account (including Protected Data) belonging to a Client (hereafter, a “Government Request”), GO4CONTACT shall take all such reasonable steps as necessary to confirm the validity of such a request.

14.2 In the event that GO4CONTACT satisfies itself that a Government Request is valid, GO4CONTACT shall:

• 14.2.1 inform the government authority, agency or law enforcement that GO4CONTACT is a processor of the Protected Data;
• 14.2.2 attempt to redirect the government authority, agency or law enforcement to request the data directly from the Client; and
• 14.2.3 notify Client via email of the Government Request to allow Customer to seek their own appropriate remedy, whereby GO4CONTACT may provide the Client’s contact information.

14.3 GO4CONTACT shall not be required to comply with the provisions of clauses 14.1 or 14.2 above if:

• 14.3.1 GO4CONTACT is legally prohibited from doing so; or
• 14.3.2 if GO4CONTACT has a reasonable and good-faith belief that urgent access is necessary to prevent an imminent risk of serious harm to any individual, the safety of the public, or GO4CONTACT’s Services or property.

APPENDIX 1: DATA PROCESSING SPECIFICS

1. Subject-matter of processing:

Protected Data relating to GO4CONTACT’s provision of the Services to the Client.

2. Duration of the processing:

The term of any relevant Service Agreement until deletion of all Protected Data by GO4CONTACT in accordance with the DPA.

3. Nature and purpose of the processing:

GO4CONTACT will process Client Protected Data for the purposes of providing the Services to the Client in accordance with the DPA and the Terms and as initiated by the Client in its use of the Services.

4. Type of Personal Data:

Data relating to individuals provided to GO4CONTACT via the provision of the Services by or at the direction of the Client, including but not limited to contact data (such as email address, contact number, name or other contact details), marketing preferences, IP address and usage information (including online navigation data, location data and browser data).

5. Categories of Data Subjects:

Data subjects include the individuals about whom data is provided to GO4CONTACT via the Services by or at the direction of Client or end-users of the Client.

This D.P.A was updated: 13th August, 2023.