Privacy Policy

Introduction

NexIT Marketing. (“Company”, “we” or “us”) respects your privacy and is committed to ensuring that your privacy is protected. Although generally a user is under no obligation to provide personal information while accessing the NexIT’s site, there are some circumstances under which a User may be asked to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

This policy describes the types of information we may collect from you or that you may provide when you visit the website NexIT.com.au (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this statement carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy).
Your continued use of this Website after we make changes is deemed to be acceptance of those changes, it is recommended to check the policy periodically for updates.

GDPR

On May 25, 2018, the most significant piece of European data protection legislation to be introduced in 20 years came into force when the EU’s General Data Protection Regulation (GDPR) replaces the 1995 Data Protection Directive. We know that preparing for this regulatory change is a priority for many of our customers and it is equally a priority for us.
Please click here to understand how the Company complies with GDPR.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not provide any information on this Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at hello@NexIT.com.au

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

• by which you may be personally identified, such as name, e-mail address, telephone number (“personal information”); and
• that is about you but individually does not identify you, such as company name and role in company.

We collect this information:

• Directly from you when you provide it to us; and
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

Information You Provide to Us

The information we collect on or through our Website may include:

• Information that you provide by filling in forms or Registration for Collateral on our Website, which may include information provided at the time of requesting further information, requesting a quote, subscribing to our blog, requesting a demo, or applying for a job;
• Records and copies of your correspondence (including email addresses), if you contact us; or
• Your name, address, designation, email address, company name or phone number.
• This Site also allows Users to submit their resumes online. Any resume received by NexIT Marketing will be held in confidence and used only for the purpose of considering the submitting party for employment. Such information is not shared with any third parties or external agencies.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website; and
• Information about your computer and internet connection, including your domain, IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically is statistical data and does not include personal information. It helps us to improve our Website offerings and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns; and
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• User Information: We collect user information from your browser or mobile device each time you access the website. User information may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, information about your mobile device, referring/exit pages and URLs, domain names, landing pages, pages viewed, and other such information. When you access our Service by or through a mobile device, we may receive or collect and store a unique identification number associated with your device, mobile carrier, device type and manufacturer, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device.
• Cookies (or browser cookies): A cookie is a small file placed on the hard drive of your computer by a web server. We use different types of cookies (both temporary and persistent) to make it easier for you to navigate the site, track usage of our site to help you personalize your online experience and remember your preferences. Cookies are not used to run programs or deliver viruses to your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser however disabling cookies may limit your ability to use some areas of our site. If you would like to disable cookies, you can often do so with your browser settings. Check your browser for the settings.
• Local Shared Objects and Flash Cookies: Certain features of our Website may use locally stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
• Web Beacons/Web Bugs in emails: Pages of the Website/marketing emails may contain small electronic files known as web beacons/web bugs (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Web beacons/Web bugs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons/web bugs are embedded invisibly on Web pages or in emails and are about the size of the period at the end of this sentence. We use web beacons/web bugs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. We tie the information gathered by web beacons/web bugs in emails to our customers’ Personal Information.
• Log Files: We may collect demographic information, such as your ZIP code, age, gender, preferences, interests, and favorites using log files that are not associated with your name or other personal information. There is also information about your computer hardware and software that is automatically collected by us. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications on the Website are served by third parties, including content providers and application providers. These third parties may use cookies to collect information about you when you use our website. The information they collect may be associated with your personal information, or they may collect information about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

These third party providers include, but are not limited to, Inspectlet, Clicktale, Leadsquared, Google Analytics, Elastic, Olark, Facebook, Twitter, LinkedIn, Vimeo, Embedly and Salesforce. We work with them in the following ways:

Inspectlet: Inspectlet tracks IP addresses, session lengths, starting pages, and other information about user behavior on our website. (http://www.inspectlet.com/)

Google Analytics: We use Remarketing with Google Analytics to allow third-party vendors, including Google, to show ads on websites across the Internet. Our website and third-party vendors, including Google, use first-party cookies such as the Google Analytics cookie, and third-party cookies, to inform, optimize, and serve ads based on someone’s past visits to our website and to report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our website. (https://www.google.com/analytics/#?modal_active=none)

Elastic emails: We use Elastic email service  to improve our marketing efforts by tracking open rates for our emails and traffic to and from certain marketing campaign landing pages. (https://elasticemail.com/)

Vimeo: We use Vimeo to host video on our site, and Vimeo offers us viewership information and statistics about the videos we publish. (https://vimeo.com/stats)

Embedly: We use Embedly to embed certain external content into our site. Embedly tracks user interaction with their embedded content. (http://embed.ly/analytics)

Clicktale: We use Clicktale to collect analytics insights. Clicktale collects browser type, system language, OS version, time zone, headers and screen resolution metrics, IP address, Referral URLs, user behavior including user’s mouse movements, scrolls and mouse clicks as well as the time engaged on a certain web page, information a user provides on the website such as in any forms or fields, Session information stored in cookies.

Facebook: We may use Facebook’s conversion measurement tools to track the effectiveness of our advertisements on Facebook. (https://www.facebook.com/business/a/online-sales/conversion-tracking)

Twitter: We may use Twitter’s conversion measurement tools to track the effectiveness of our advertisements on Twitter. (https://business.twitter.com/en/help/campaign-measurement-and-analytics/conversion-tracking-for-websites.html)

Salesforce: We use Salesforce to compile and track personal information for our newsletter and for customer outreach, among other direct contact methods. (https://www.salesforce.com/products/sales-cloud/overview/?d=70130000000lzaAAAQ)

LinkedIn: We use LinkedIn to increase marketing and advertising channels and recruit job candidates. (https://www.linkedin.com/company/1099749/admin/)

Leadsquared: We use Leadsquared to compile and track personal information and for customer outreach through emails and calls, among other direct contact methods

The collection and storage of your data by these third party service providers, as well as information on whether and how you can opt out of their collection and storage of your data, is governed by their privacy policies, which can be accessed at these sites:

Inspectlet: https://www.inspectlet.com/legal#privacy
Google: https://www.google.com/policies/privacy/
Embedly: http://embed.ly/legal/privacy
Elastic Email: https://elasticemail.com/resources/usage-policies/privacy-policy/
Vimeo: https://vimeo.com/privacy
Salesforce: https://www.salesforce.com/company/privacy/
Facebook: https://www.facebook.com/full_data_use_policy
Twitter: https://twitter.com/privacy?lang=en
LinkedIn: https://www.linkedin.com/legal/privacy-policy
Clicktale: https://www.clicktale.com/company/data-privacy/
Leadsquared: https://www.leadsquared.com/privacy-policy/

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information..

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you;
• To provide you with information, products, or services that you request from us;
• To fulfill any other purpose for which you provide it;
• In any other way, we may describe when you provide the information; and
• For any other purpose with your consent only.

Disclosure of Your Information

We may disclose aggregated information about our users without restriction.
We may disclose personal information that we collect, or you provide as described in this privacy policy:

• To our subsidiaries and affiliates;
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company or Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred;
• To fulfill the purpose for which you provide it;
• For any other purpose disclosed by us when you provide the information; or
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• To enforce or apply our terms of use; or
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers or those of our service provider behind firewalls, using SSL technology.
The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you. The date the privacy policy was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at hello@NexIT.com.au

GDPR DISCLOSURE

The General Data Protection Regulation (GDPR) is one of the most significant pieces of legislation affecting the way that the Company carries out its information processing activities. It is the Company’s policy to ensure that our compliance with the GDPR and other relevant legislation is clear and demonstrable at all times.

There is a total of 26 definitions listed within the GDPR, and it is not appropriate to reproduce them all here. However, the most fundamental definitions with respect to this policy are as follows:

Personal data is defined as:

any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

‘Processing’ means:

any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

‘Controller’ means:

the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;

In the case of the SaaS platform, the Company acts as a ‘processor,’ and in the case of the Company’s website, it acts as a ‘controller.’ The Company will ensure that it complies with all of these principles both as a processor and as a controller.

Your Rights

Your rights under the GDPR consist of:

1. The right to be informed;
2. The right of access;
3. The right to rectification;
4. The right to erasure;
5. The right to restrict processing;
6. The right to data portability;
7. The right to object; and
8. The rights in relation to automated decision making and profiling.

These rights are supported by appropriate procedures within the Company that allows the required action to be taken within the timescales stated in the GDPR.

Data Subject Request	Timescale
The right to be informed	When data is collected (if supplied by data subject) or within one month (if not supplied by data subject)
The right of access	One month
The right to rectification	One month
The right to erasure	Without undue delay
The right to restrict processing	Without undue delay
The right to data portability	One month
The right to object	On receipt of the objection
The rights in relation to automated decision making and profiling.	Not specified

You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

• (a) the payment of a fee (currently fixed at $250 per request); and
• (b) the supply of appropriate evidence of your identity [(for this purpose, we will usually accept a photocopy of a government-issued identification card)].

If you would like to submit a request for your right as a Data Subject.

We may withhold personal information that you request to the extent permitted by law. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

Lawfulness of Processing

There are six alternative ways in which the lawfulness of a specific case of processing of personal data may be established under the GDPR. In accordance with the regulation, the Company identifies itself under the “Performance of Contract” regulation.

Privacy by Design

The Company has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect or process personal data will be subject to due consideration of privacy issues, Including the completion of one or more data protection impact assessments.

The data protection impact assessment includes:

• Consideration of how personal data will be processed and for what purposes;
• Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s);
• Assessment of the risks to individuals in processing the personal data; and
• The controls necessary to address the identified risks and demonstrate compliance with legislation.

Data Protection Officer

A defined role of Data Protection Officer (DPO) is required under the GDPR if an organization is a public authority, if it performs large scale monitoring or if it processes particularly sensitive types of data on a large scale. The DPO is required to have an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider.

Based on these criteria, the Company DOES NOT require a Data Protection Officer to be appointed.

Breach Notification Policy

It is the Company’s policy to be fair and proportionate when considering the actions to be taken to inform affected parties regarding breaches of personal data. In line with the GDPR, where a breach is known to have occurred which is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed within 72 hours. This will be managed in accordance with our Information Security Incident Response Procedure which sets out the overall process of handling information security Incidents.

Automated Processing/Profiling

Your information will not be used for automated processing or profiling. We only store your information that is submitted by our customers ‘controllers’ and retrieved solely by the “controller.” If your information was received through our website, the information is stored in our marketing software, Salesforce, Inc., to communicate with you through contextual marketing campaigns that may interest you.

Addressing Compliance to GDPR

The following actions are undertaken to ensure that the Company complies at all times with the accountability principle of the GDPR:

• The legal basis for the processing of personal data is clear and unambiguous;
• A Data Protection Officer is appointed with specific responsibility for data protection in the organization (if required);
• All staff involved in handling personal data understand their responsibilities for following good data protection practice;
• Training in data protection has been provided to all staff;
• Rules regarding consent are followed;
• Routes are available to data subjects wishing to exercise their rights regarding personal data, and such inquiries are handled effectively;
• Regular reviews of procedures involving personal data are carried out;
• Privacy by design is adopted for all new or changed systems and processes; and
• The following documentation of processing activities is recorded:

  • Organization name and relevant details;
  • Purposes of the personal data processing;
  • Categories of individuals and personal data processed;
  • Categories of personal data recipients;
  • Agreements and mechanisms for transfers of personal data to non-EU countries Including details of controls in place;
  • Personal data retention schedules; and
  • Relevant technical and organizational controls in place

These actions are reviewed on a regular basis as part of the management process concerned with data protection.

Duration of Data Stored

In the case of our website, your information is kept for as long as you continue to consent to receive our newsletter/blog. For our SaaS platform, your information is kept as long as the duration of the contract of with our customer, or if the customer decides to delete your data.

In some cases, it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the personal data category.

How to Withdraw Your Consent

You can withdraw the consent you are giving at any time. You can do this by sending an email to us at the address below, and submitting by clicking on the unsubscribe link at the bottom of emails you receive.

Privacy Shield Policy

Individuals in the European Union and Switzerland with inquiries or complaints regarding our Privacy Shield policy should first contact hello@nexit.com.au

Recourse Mechanism

In compliance with the Privacy Shield Principles, NexIT Marketing, Ltd. commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact NexIT Marketing. at Hello@NexIT.com.au or filling out the Contact Us form.

PRIVACY NOTICE – NEWSLETTER & BLOG SIGNUP

This privacy notice tells you about the information we collect from you when you sign up to receive our regular newsletter or blog via our website. In collecting this information, we are acting as a data controller and, by law, we are required to provide you with information about us, about why and how we use your data, and about the rights, you have over your data.

Who are we?
d.We are NexIT Marketing Pty Ltd. You can contact us by post at the above address, by email at Hello@NexIT.com.au are not required to have a data protection officer, so any inquiries about our use of your personal data should be addressed to the contact details above.
What personal data do we collect?
When you subscribe to our newsletter or blog, we ask you for your name and your email address.
Why do we collect this information?
We will use your information to send you our newsletter or blog, which contains information about our products and often includes special offers.
We ask for your consent to do this, and we will only send you our newsletter or blog for as long as you continue to consent.
What do we do with your information?
Your information is stored in our database at our Data Center. We do not share your information with any third parties. We will not use the information to make any automated decisions that might affect you without your consent.
How long do we keep your information for?
Your information is kept for as long as you continue to consent to receive our newsletter or blog.
Your rights over your information
By law, you can ask us what information we hold about you, and you can ask us to correct it if it is inaccurate.
You can also ask for it to be erased and you can ask for us to give you a copy of the information.
You can also ask us to stop using your information – the simplest way to do this is to withdraw your consent, which you can do at any time, either by clicking the unsubscribe link at the end of any newsletter or blog, or by emailing, writing or telephoning us using the contact details above.

WEBSITE TERMS OF USE

Last Modified: 2/14/2019

Acceptance of the Terms of Use

These terms of use are entered into by and between You and NexIT Marketing (“Company”, “we” or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of www.NexIT.com.au, including any content, functionality, and services offered on or through www.NexIT.com.au (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.NexIT.com.au/privacy-policy.htm, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by India and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the India or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us[,/and] solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in India. We provide this Website for use by persons located across the globe. We make no claims that the Website or any of its content is accessible or appropriate outside of India. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the India, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of India without giving effect to any choice or conflict of law provision or rule (whether of the India or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of India. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the Indian Arbitration Council.

Waiver and Severability

No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by NexIT Marketing.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: Hello@NexIT.com.au

Contacting us
If you have questions about this Policy, please email us at Hello@NexIT.com.au.