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The Campaignr Terms of Use

Through the Campaignr software product, Freshview Pty Ltd (ACN 094 533 445) (“Campaignr”) provides website operators and other individuals with a variety of tools and resources (including our website) to enable them to collect visitor email addresses and to create, launch, and manage online email campaigns (the “Services”).

The Services are provided subject to these terms and conditions, which also incorporate our Anti-Spam policy, our Privacy Policy, and any other guidelines, rules or operating policies that Campaignr may establish and post on our website from time to time (collectively the “Agreement”). The servers we use to provide the Services (the “Servers”) are located in the United States. In the event that data is transferred to our Servers from within the European Economic Area our Data Transfer Clauses will apply to that transfer and will form part of this Agreement.

Please read this Agreement carefully before proceeding with any use of our website or the Services. By checking the “I have read the Campaignr Agreement. I accept these terms and conditions” box on the Free Trial page or after logging in for the first time, you accept and agree to be bound by this Agreement.

If you do not accept the terms and conditions of this Agreement, please exit this website and cease using the Services immediately.

1. Services and Support

1.1 By posting updated versions of the Agreement on the Campaignr website, or otherwise providing notice to you, Campaignr may modify the terms of this Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Campaignr website. Your continued use of the Services will constitute your acceptance of the variation to the Agreement. Campaignr will use reasonable efforts to make you aware of any changes to the terms of this Agreement. If you elect to discontinue using the Services due to any changes to the Agreement made under this section 1.1, you will be entitled to a refund for any unused, prepaid amounts for the Services.

1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, your use of the Services is expressly prohibited.

1.3 The Services enable corporate, small business and community websites to sign up website visitors, collect and retrieve visitor sign-up data, and to develop and execute email communications with visitors and others (including your customers).

1.4 Both the number of email messages sent and the number of KiloBytes of data transferred are metered by Campaignr. Normal Campaignr accounts allow you to send an unlimited number of email messages. The total KiloByte data transfer of each message can be no more than 300kb.

1.5 All email delivery prices are subject to change at any time. All fees paid to Campaignr for the Services are non-refundable, unless an account is terminated by you under clause 1.1 or by Campaignr for a reason other than violation of the Anti-Spam Policy. Payment for Services must be made by a valid credit card accepted by Campaignr, unless other payment arrangements have been made between you and an authorized Campaignr representative. You hereby authorize Campaignr to charge your credit card whenever you use the Services to send a campaign to more than 5 recipients, or on a monthly basis if you select monthly pricing. Fees are payable in US dollars. If Campaignr is for any reason unable to effect automatic payment via your credit card, you will be notified via email. All prices are subject to change and you are responsible for reviewing the Pricing Schedule from time to time and for remaining aware of the fees charged by Campaignr for the Services.

1.6 For all accounts, Campaignr may charge an account re-activation fee should an account need to be re-activated by a customer after an account has become de-activated due to non-payment, an untimely authorization for payment, or any other breach of this Agreement.

1.7 You must complete the registration form on the signup page in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an email address, username and password for your Campaignr account. You are responsible for maintaining the security of your account, username, passwords, and files and for all uses of your account and of the Services in your name. Campaignr reserves the right to refuse registration of, or cancel accounts it deems inappropriate.

1.8 It is understood that Campaignr makes no guarantee that HTML messages will be rendered properly on all recipients’ email programs, due to the wide variety of HTML generation tools available. Campaignr makes every reasonable attempt to make sure that all email messages sent through our servers follow email standards, but we cannot guarantee that messages will look consistent across all email platforms due to the number of different HTML composition tools available. For example, if you use Microsoft Word to generate HTML email messages, it is expected that recipients of your message using a non-Microsoft email application may have difficulty reading your message. For best results Campaignr recommends the use of HTML editors that generate HTML that adheres to W3C standards.

2. Restrictions and Responsibilities

2.1 This is an Agreement for the Services, and you are not granted a licence to any software under this Agreement (except to the extent required for you to use the Services). Except to the extent that applicable laws prevent Campaignr from doing so, you will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community or Australia, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs or the Australian Copyright Act 1968 (Cth).

2.2 You acknowledge and agree that the Services, the Software, the Campaignr company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of Campaignr or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Campaignr or by other parties that have licensed their material to Campaignr. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Campaignr. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain in Campaignr or its third party suppliers, as the case may be.

2.3 You represent, covenant, and warrant that you will use the Services only in compliance with this Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree that you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You hereby agree to indemnify and hold harmless Campaignr against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. You acknowledge that you are responsible for the content of any emails or messages sent using the Services. Although Campaignr has no obligation to monitor the content provided by you or your use of the Services, Campaignr may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates Australian or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party’s intellectual property rights.

2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Campaignr. Campaignr may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.

2.6 Campaignr will not use any of your subscriber lists or any other customer information for any other purposes than those related to the Services. Your customer information will not be shared with any other parties. In addition, Campaignr will not use your customer information for the purpose of sending unsolicited commercial email.

2.7 You will adopt and maintain a policy that complies with all applicable privacy laws and which is at least as stringent as our APrivacy Policy (as modified by Campaignr from time to time). You acknowledge that all personal information that you provide to us has been collected with the relevant individual’s consent, and that you have informed the individual of the purpose for which that information was collected, and that you may provide this information to us for the purposes of use in relation to the Services. You acknowledge that we may store the personal information that you provide to us on servers located in the United States of America, and you warrant that you have obtained the consent of the relevant individuals to the storage and transmission of their personal information in this manner.

2.8 You must not use the Services to distribute illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or any other prohibited material.

2.9 You must not use the Services to send email campaigns that link to or display nudity, obscene content, gambling related content, pay day lender related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.

2.10 You must not use the Services for the sending of unsolicited email (sometimes called “spam”). See our Anti-Spam Policy (which forms part of this Agreement) for further information.

2.11 All rights not expressly granted are reserved.

2.12 The Services may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Campaignr’s direct control and Campaignr accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to the Services). You acknowledge that Campaignr is entitled to require you to remove any link from another website to the Services which you install without obtaining Campaignr’s prior written consent.

3. Reselling and Subcontracting the Services

Reselling of the Services to third parties is permitted subject to the following conditions:

3.1 Access to, and use of, the Services by a third party granted access by you (“Your Customer”):

(a) does not in any way diminish your strict obligation to ensure compliance with the terms of this Agreement; and

(b) does not in any way diminish Campaignr’s right to enforce the terms of this Agreement, without liability to you or the Customer, including suspension or termination of access to the Service, whether or not it may have an adverse impact on Your Customer or the ability of Your Customer to use the Services.

3.2 You must:

(a) enter into a binding contractual relationship with Your Customer on terms no less onerous than this Agreement including, without limitation, the Campaignr Anti-Spam Policy;

(b) make available to Your Customer a Privacy Policy that complies with your local law and is no less onerous in terms of your obligations to Your Customer than Campaignr’s Privacy Policy is in relation to the Customers of Campaignr;

(c) in the event that Your Customer transfers personal data from the European Economic Area direct to the Servers, ensure that the Data Transfer Clauses form part of your contractual relationship with Your Customer; and

(d) provide all customer relationship management, including first level support services in relation to the Services, to Your Customer.

3.3 You hereby agree to indemnify and hold harmless, on an actual indemnity basis, Campaignr, from and against all costs, expenses, losses and liabilities arising in any way (including under statute, the law of tort, equity or any other theory of law whatsoever) from or in relation to use of the Services by Your Customer and all other acts and omissions of Your Customers otherwise taking place on or in relation to the Services.

3.4 Campaignr does not charge an additional fee for use of the Service by Your Customers Campaignr will deduct its standard fee and remit to you the balance of all payments received from Your Customers within [30] Days of the date of payment.

4. Termination

4.1 You may terminate this Agreement at any time by contacting us or by sending written notice to Campaignr, 104/20 McKillop Street, Melbourne Victoria, 3000, Australia. Correspondence must include your first name, last name, and your Campaignr username. No refunds will be issued if you terminate this Agreement unless your account is in credit and you terminating in accordance with clause 1.1.

4.2 Campaignr may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Campaignr shall have no liability to you or any third party because of such termination. If Campaignr terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued even if you have unused, prepaid amounts for Services under this Agreement.

4.3 Campaignr may delete any of your archived data within 30 days after the date of termination. Any statutory retention requirements with respect to your business correspondence remain your responsibility. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranties, disclaimers and limitations of liability.

4.4 If you do not log into your account for more than 700 days, the account will become inactive. When an account is classified (at Campaignr’s sole discretion) as inactive, Campaignr will flag that account as inactive. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA, INCLUDING SUBSCRIBER SIGNUPS, MAY BE PERMANENTLY REMOVED FROM Campaignr’S DATABASE.

5. Warranties, Disclaimer and Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Campaignr DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND TO THE EXTENT PERMITTED BY LAW Campaignr DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Campaignr to use commercially reasonable efforts to adjust or repair the Services, or where such adjustment or repair is not feasible, for Campaignr to either (at its discretion) perform the Services again or provide you with a refund for the amount you actually paid to Campaignr for the relevant Services.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Campaignr OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “Campaignr “) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, OR FAILURE TO REALISE ANTICIPATED SAVINGS OR BENEFITS OR BUSINESS OPPORTUNITIES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

Campaignr’S EXCLUSION OF LIABILITY APPLIES WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR EQUITY AND EVEN IF Campaignr HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

YOU AGREE THAT Campaignr’S LIABILITY TO YOU AT LAW WILL BE REDUCED BY THE EXTENT, IF ANY, TO WHICH YOU CONTRIBUTED TO THE LOSS.

IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, Campaignr IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), TO THE FULLEST EXTENT PERMITTED BY LAW THE LIABILITY OF Campaignr TO YOU WILL BE LIMITED TO:

(A) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND

(B) IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN OR REFUND OF FEES ACTUALLY PAID FOR THE SERVICES.

7. Export of Services or Technical Data

You may not remove or export from Australia or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of Australia and all other applicable countries.

8. Miscellaneous

8.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

8.2 Campaignr and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

8.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Campaignr in any respect whatsoever.

8.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.

8.5 The Agreement shall be governed by the laws of the State of VIC Australia without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Sydney, New South Wales, Australia.

8.6 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded from this Agreement.

9. System Requirements

It is understood that in order to use the Services, a modern browser such as Internet Explorer 7+, Firefox 3+, Safari 3+ or Google Chrome 9+ is required. Additionally, a stable connection to the Internet is required. The Services may work in a limited manner on other web browsers (such as earlier versions of the previously mentioned browsers), but the Services were not designed for use on web browsers other than those recommended above.

10. Compliance rules for sending email (and your spam indemnity)

All Campaignr customers must follow the rules of the Australian Spam Act 2003 (Cth) (and equivalent anti-spam legislation in all applicable countries) and Campaignr’s Anti-Spam policy when sending emails through the Services. We require the following (among other things) of all email messages sent through the Services:

1. All emails must contain an “unsubscribe” link or other mechanism that allows subscribers to remove themselves from your mailing list. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Campaignr. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. Campaignr scans every campaign for the existence of an unsubscribe link. If an unsubscribe link is not detected, you will be informed and required to include an unsubscribe link before continuing.

2. All emails must contain non-Internet contact information of the sender or the entity on whose behalf the email was sent, such as that entity’s address or phone number.

3. All emails must state the reason the recipient is receiving the message. For example, “You are receiving this message from ABC Company because you signed up for our email list at www.abc.com.”

4. All emails must be compliant with any disclosure requirements that apply to the sender (e.g., some countries’ laws require that business letters, including emails, contain further identification details as to the form of the organization, the place of incorporation, the names of executives etc.)

These 4 guidelines will help ensure that Campaignr maintains its reputation and white-listing status with a number of major ISPs and whitelisting programs. If at any time your campaign is flagged as spam by a recipient, Campaignr reserves the right to cancel your account without notice. For further information in relation to spam, please read our Anti-Spam Policy (which forms part of this Agreement, including your spam indemnity).

11. Email and Permission Practices

Please see our Anti-Spam Policy for further information.

11.1 You agree to import, access or otherwise use only permission-based lists (note: purchased lists may not be used; please contact Campaignr if you have questions).

11.2 You cannot mail to distribution lists, newsgroups, or spam email addresses.

11.3 You are responsible for monitoring, correcting, processing unsubscribe requests within 5 days, and updating the email addresses to which messages are sent through your Campaignr account.

11.4 Emails that you send through the Services may generate abuse complaints from recipients. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. Campaignr, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement.

11.5 Campaignr, at its own discretion, may immediately disable your access to the Services without refund if Campaignr believes in its sole discretion that you have violated any of the email and permission practices listed above, or our Anti-Spam Policy.

12. Use of the Services

You will not violate or attempt to violate the security of our website or the Services. You will not hack into the website, Campaignr’s computer systems or the computer systems of other users of the Services. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.

13. Website and Services availability

From time to time down-time, either scheduled or unscheduled, may occur. Campaignr will work within reason to ensure this amount of down-time is limited. Campaignr will not be held liable for the consequences of any down-time.

Campaignr cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files associated with the Services, and you release Campaignr entirely of all responsibility for any consequences of its use.

14. Force Majeure

Campaignr will not be liable by reason of the failure in the performance of obligations under this Agreement by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond Campaignr’s reasonable control.

15. Overseas Access

The Services may be accessed throughout Australia and overseas. Campaignr makes no representations that the Services comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Services from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

The Campaignr Privacy Policy

At Campaignr, we respect the privacy needs of our valued customers and members. This Privacy Policy outlines what specific information is gathered on the Campaignr site and how that information is used.

Maintaining the privacy of your information is of paramount importance to us as it helps foster confidence, goodwill and stronger relationships with you, our customers. If, at any time, you have questions or concerns about our privacy practices, please feel free contact us at info@campaignr.com.au.

Information Collection and Use

Campaignr explicitly asks when we need information that personally identifies you (“Personal Information”). Your personal information is used to create your personal access to our email marketing product, and to contact you in the course of using this product. Financial information that is collected is used to verify, identity and to bill either you or your company for products and services, as applicable. Demographic and profile data collected by Campaignr may be used to tailor this web site or any requested email communications, and to display information that is more relevant to you. Campaignr also compiles demographic and product use information, but in the aggregate only, and may make that aggregate information publicly available. Under no circumstances will Campaignr make any personal information about an individual user available to anyone.

Your email address is used to only send you information that you have requested. As part of your use of our email marketing software, Campaignr allows you to elect to receive, or not receive, certain information from Campaignr. Campaignr adheres strictly to permission-based email policy. Except as mentioned above, Campaignr will not send you unsolicited email information, commercial offers or advertisements. Campaignr will not sell, rent, or loan our contact lists or our customer’s contact lists (including customer data) to any outside firms nor will Campaignr use customer contact lists for our own marketing purposes. All emails that you have requested will have an option to unsubscribe. Unsubscribe requests are fulfilled within minutes and no further communications will be sent to users who have stated that they do not wish to receive the specified information.

Subscriber Lists, Campaign Content and Campaign Reports

Campaignr ensures that all subscriber lists, email content and reports remain private and confidential. Campaignr may scan the content of your campaigns to ensure it complies with our Terms of Use — to protect against defamatory, inaccurate, abusive, obscene, profane, or threatening material that is racially or ethnically offensive. Campaignr will not sell, rent, loan or invite external access to a customer’s contact lists. Nor will Campaignr themselves use customer’s contact lists for any purpose.

Communications from the Site

Special Offers and Updates

We send all new users a welcoming email to verify their new account and confirm their password and username. Established users will occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Customers can unsubscribe via the unsubscribe mechanism at the bottom of each email.

Newsletter

If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users privacy we provide a way to opt-out of these communications via the unsubscribe mechanism at the bottom of each email.

Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Customer Service

We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user’s wishes.

Website Usage Information

We use your IP address to help diagnose problems with our server, and to administer our Web site. We do not link your IP address to any personally identifiable information. We use tracking information to determine which areas our site users visit based on traffic to those areas. Campaignr does not track what individual users read, but rather how often each page is visited. This helps us maintain a superior and informative website for you.

Security Technology

Campaignr has made a substantial investment in the latest server, database, backup and firewall technologies to protect our information assets. These technologies are deployed as part of sophisticated security architecture. All data resides in a tightly controlled, secure data center. These investments mean that information about the identity and preferences of individual members is never accessible to anyone outside Campaignr. We will maintain safeguards to protect the security of these servers and your personally identifiable information.

Policy Modifications

We may change this Privacy Policy from time to time. If/when Campaignr makes changes to this privacy statement, we will highlight the changes on our homepage and email users who have given us permission to do so. We will post any changes here, so be sure to check back periodically. However, please be assured that if the Privacy Policy changes in the future, we will not use the personal information you have submitted to us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy, without your prior consent.

Contacting Campaignr about Privacy

If you have any questions about our privacy statement, the information we have collected from you online, the practices of this site, or your dealings with this web site, please contact us:

Postal Address

Campaignr
104/20 McKillop Street, Melbourne Victoria
3000, Australia

Telephone

+61 (3) 9642 8454

Email

hello@campaignr.com.au

The Campaignr Anti-Spam Policy

At Campaignr, we take permission very seriously. By creating an account and agreeing to our Terms of Use, you are also agreeing to this anti-spam policy.

The law isn’t enough, it’s permission that counts

While the CAN-SPAM laws are a step in the right direction for reducing the spam problem, we don’t feel they go far enough. Our definition of spam goes beyond the laws in most countries and encompasses what we believe to be true permission email marketing.

Spam is any email you send to someone who hasn’t given you their direct permission to contact them on the topic of the email.

But that’s not enough. Permission is a fuzzy word open to interpretation. Let’s get into some specific scenarios so it’s clear what does and doesn’t constitute permission.

What kind of email addresses are OK to send to with Campaignr?

To send email to anyone using Campaignr, you must have clearly obtained their permission. This could be done through:

  • An email newsletter subscribe form on your web site.
  • An opt-in checkbox on a form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.
  • If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that you would be contacting them by email AND they ticked a box indicating they would like you to contact them.
  • Customers who have purchased from you within the last 2 years.
  • If someone gives you their business card and you have explicitly asked for permission to add them to your list, you can contact them. If they dropped their business card in a fishbowl at a trade show, there must be a sign indicating they will be contacted by email about that specific topic.

Basically, you can only ever email anyone who has clearly given you permission to email them specifically about the subject you’re contacting them about.

What kind of email address ARE NOT OK to send to with Campaignr?

Anything outside the examples above doesn’t equal permission in our eyes, but here are some examples to make sure we’re crystal clear. By using Campaignr, you agree not to import or send to any email address which:

  • You do not have explicit, provable permission to contact in relation to the topic of the email you’re sending.
  • You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
  • You haven’t contacted via email in the last 2 years. Permission doesn’t age well and these people have either changed email address or won’t remember giving their permission in the first place.
  • You scraped or copy and pasted from the web. Just because people publish their email address doesn’t mean they want to hear from you.

Sure, some of these people might have given you their email address, but what’s missing is your permission to email them commercial messages. Blasting promotional emails to any of these people won’t be effective and will more than likely see your email marked as spam by many of your recipients.

What content MUST I include in my email?

Every email you send using Campaignr must include the following:

  1. A single-click unsubscribe link that instantly removes the subscriber from your list. Once they unsubscribe, you can never email them again.
  2. The name and physical address of the sender. If you’re sending an email for your client, you’ll need to include your client’s details instead.

How we’ll know if you don’t have permission

Campaignr has numerous layers of approval and monitoring to ensure you comply with our anti-spam policy. Here’s a few of them:

  1. Until your account has been approved by a member of our team, every email you send will need to be approved.
  2. Our software is directly integrated into the spam reporting systems for some of the biggest ISP’s like Hotmail and AOL. If you don’t have permission and someone marks your campaign as spam, we’ll know about it the moment that button is pressed. If you receive a complaint rate greater than 0.3% of all recipients (that’s 30 complaints for every 10,000 recipients) you will receive a warning email requesting an explanation and giving you advice. This is a generous figure that takes into account false spam reports. Higher levels of complaints will result in accounts being locked or terminated.
  3. Our team verifies all large lists imported into our software. Until we’ve given it the all clear, you can’t send to it.
  4. We monitor blacklists and our abuse accounts all day every day. We can pinpoint who is causing us delivery problems or attracting complaints very easily.

If we do discover that you’re emailing people without their permission, we will terminate your account with Campaignr immediately.

In the end, it’s really common sense. Take off your marketing hat and put yourself in your recipient’s shoes. If they don’t recognize who you are or aren’t interested in what you’re sending, they’ll think you’re a spammer. It’s that simple.

If you have any questions about our Anti-Spam Policy, or if you want to report spamming activity by one of our customers, please contact our abuse department at:

Postal Address
Campaignr
104/20 McKillop Street, Melbourne Victoria
3000, Australia

Telephone
+61 3 9642 8454

Email
hello@campaignr.com.au

Create & send emails

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Choose from one of our great templates or design your own with our online tool. Better still - we'll work with you to make a beautiful custom design.

Manage lists & subscribers

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We make it easy to add sign-up forms to your existing website, organise subscriber lists, personalise and test your emails.

Reporting & analytics

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See exactly who read your email and track what they clicked in real time. Measure campaign related sales, conversions and ROI.

Autoresponders

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Autoresponders make it easy to stay in touch with your subscribers. Quickly build and schedule automated welcome messages, birthday greetings and other date-based campaigns.

A/B Testing

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Testing is one of the great strengths of email marketing. Almost everything is measurable, making it easy to compare multiple approaches and figure out what works best for your subscribers.

Easy email testing

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Testing your design in different email clients is the most frustrating part of sending email campaigns. Our design and spam testing tool changes all that by doing the hard work for you.

Plus many more features!

  • Talk to us about getting a custom template design!
  • Send both an HTML & plain text newsletter
  • Easily import multiple lists with a single click
  • Schedule your email in any time zone
  • See who forwarded your newsletter to a friend
  • Export any list to Excel to keep up your records

Need a custom template? Get in contact with us to find out what we can do for you!