(a) In this policy, you means you, the client of Ovato Technology Pty Ltd(ACN 092 342 375) (TractionNext).
(b) In this policy, a message is an commercial electronic messages within the meaning of the Spam Act 2003 (Cth) (Australia) (as amended from time to time and regardless of where you operate). For the purposes of this policy, all communications sent by you using TractionNext’s services are ‘messages’.
1.2 Specific provisions
(a) You must obtain express or inferred consent from a person or organisation before sending any messages to them.
(b) You must keep records of express consent obtained and, on TractionNext’s request, certify that you have those records, or produce those records with appropriate redaction to comply with privacy laws.
(c) You must not send an unsolicited message in order to obtain express consent.
(d) Express consent must not be obtained via a pre-ticked opt-in mechanism. The mechanism must be an active opt-in where the user actively ticks a blank box (or equivalent) in order to positively indicate their consent.
(e) Consent may be inferred only if the recipient’s contact details are published and:
- they are accessible to the public
- they are not accompanied buy a statement to the effect that unsolicited messages are not wanted
- there is a clear, relevant link between the goods or services you are marketing and the recipient’s business.
(f) Silence does not constitute express or inferred consent.
(g) Every message you send must contain your full contact details, including a physical address.
(h) Every message you send must contain a functional unsubscribe mechanism.
(a) That you must comply with this policy is a term of your current services agreement(s) (Agreement) with TractionNext and any of its related bodies corporate.
(b) This policy is subject to and does not limit the terms of the Agreement or your obligations under law.
(c) Regardless of where you operate, you must comply with the obligations imposed by senders of messages as set out in the Spam Act 2003 (Cth) (https://www.legislation.gov.au/series/c2004a01214) as if you were operating within Australia and the Act applied to you.
(d) You must in any event comply with all anti-spam laws of any jurisdiction in which you operate or to which you send messages.
(e) We may suspend or terminate your account immediately and without notice if you breach this policy.