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Terms of Use
Overview

Welcome to the website of STRN Pty Ltd trading as "Embracy" (ABN 72 666 564 576) ("we", "us" or the "Company"), a facilitator of digital and physical payments. This website is located on the web via the domain https://embracy.com.au and includes all of the files located in that domain ("this site").

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Company and govern your use of this site. If you use any of the services offered by Embracy, then you are also subject to any terms and conditions that may apply to those services.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our privacy policy which is incorporated by reference into these Website Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot make transactions through this site. By using this site you represent and warrant to the Company that you are over the age of 18 years. Should the Company suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Prohibited conduct

Your use of this site is subject to the rules set out in Schedule 1 below.

Violations of these Website Terms of Use

Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:

  • temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
    • you breach any provision of these Website Terms of Use;
    • the Company is unable to verify or authenticate any information that you provide to us; or
    • the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and
  • remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms of Use.
Indemnity

You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through this site;
  • your use of, or connection to, this site; or
  • your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
Requirement for registration

The Company reserves the right to make any parts of this site accessible only to users who have registered.

Username and password

Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative.

You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.

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Schedule 1 – Prohibited conduct

YOU MUST NOT:

  • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  • use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
  • use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
  • use this site by any automated means;
  • use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
  • access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
  • interfere with the display of any advertisements appearing on or in connection with this site;
  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
  • reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
  • falsely imply that any other website is associated with this site;
  • do anything that leads, or may lead, to a decrease in the value of the Company's intellectual property rights in this site;
  • use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
  • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company's prior written consent; or
  • use this site to transmit any information or material that is, or may reasonably be considered to be:
    • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
    • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
    • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
    • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
    • in breach of any person’s privacy or publicity rights;
    • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
    • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
    • containing any political campaigning material, advertisements or solicitations; or
    • likely to bring the Company or any of its staff into disrepute.
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Privacy Policy

A Legal Disclaimer

STRN Pty Ltd trading as "Embracy" (ABN 72 666 564 576) ("we", "us" or the "Company") is committed to privacy protection. At https://embracy.com.au ("this site"), we understand the importance of keeping personal information private and secure. This privacy policy ("Privacy Policy") describes generally how we manage personal information and safeguard privacy. If you would like more information, please don't hesitate to contact us.

This Privacy Policy forms part of, and is subject to the provisions of, our Website Terms of Use at https://www.embracy.com.au/terms-and-conditions.

What is "personal information"?

Personal information held by the Company may include your:

  • Name and date of birth;
  • Residential and business postal addresses, telephone/mobile/fax numbers, and email addresses;
  • Bank account and/or credit card details for agreed payment purposes;
  • Any information that you provided to us during your account creation process or added to your user profile;
  • Preferences and password for using this site and your computer and connection information; and
  • Any information that you otherwise share with us.

How we may collect your personal information

At this site, we only collect personal information that is necessary for us to conduct our business as a facilitator of digital and physical payments.

Information that you provide to us

We may collect personal information that you provide to us about yourself when you:

  • Use this site, including (without limitation) when you:
    • Create a user account;
    • Add information to your user profile;
    • Select any services through this site;
    • Add reviews, forum or chat room messages, or comments in any elements of this site that permit user-generated content;
    • Register for access to premium content or request certain premium features; or
    • Complete an online contact form to contact us.
  • Provide information to us by telephone or through marketing or competition application forms; or
  • Send us an email or other communication.
IP addresses

This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. The Company collects and manages IP addresses as part of the service of providing internet session management and for security purposes. The Company may also collect and use web log, computer, and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving, this site.

Cookies

This site uses "cookies" to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie.

  • Persistent cookie: Entered by your web browser into the "Cookies" folder on your computer and remains in that folder after you close your browser. It may be used by your browser on subsequent visits to this site.
  • Session cookie: Held temporarily in your computer's memory and disappears after you close your browser or shut down your computer.

Cookies cannot be used to run programs. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. The Company extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.

Why we use cookies

This site uses cookies in order to:

  • Remember your preferences for using this site;
  • Manage the signup process when you create an account with us;
  • Recognise you as logged in while you remain so, avoiding the need to log in again every time you visit a new page;
  • Facilitate e-commerce transactions, ensuring that your payment details are remembered between pages during the confirmation process;
  • Show relevant notifications to you (e.g., notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or other subscription services); and
  • Remember details of data that you choose to submit to us (e.g., through online contact forms, comments, forum posts, chat room messages, reviews, ratings, etc).
Third party cookies

In some cases, third parties may place cookies through this site. For example:

  • Google Analytics: One of the most widespread and trusted website analytics solutions, may use cookies to collect de-identified data about how long users spend on this site and the pages that they visit.
  • Google AdSense: One of the most widespread and trusted website advertising solutions, may use cookies to serve more relevant advertisements across the web and limit the number of times that a particular advertisement is shown to you.
  • Third-party social media applications: (e.g., Facebook, Twitter, LinkedIn, Pinterest, YouTube, Instagram) may use cookies in order to facilitate various social media buttons and/or plugins on this site.

Contacting us about privacy

If you would like more information about the way we manage personal information that we hold about you, or are concerned that we may have breached your privacy, please contact us by email at [email protected] or by post.

How we may use your personal information

Your personal information may be used in order to:

  • Verify your identity. As we are in the business of facilitating payments and are subject to regulatory requirements, we cannot provide payment processing services to you on an anonymous basis;
  • Assist you to make payments through this site;
  • Make changes to your account;
  • Respond to any queries or feedback that you may have;
  • Conduct appropriate checks for credit-worthiness and for fraud;
  • Prevent and detect any misuse of, or fraudulent activities involving, this site;
  • Conduct research and development in respect of our services;
  • Deliver our services and comply with regulatory requirements, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
  • Gain an understanding of your information and communication needs or obtain your feedback or views about our services in order for us to improve them; and/or
  • Maintain and develop our business systems and infrastructure, including testing and upgrading of these systems,

and for any other purpose reasonably considered necessary or desirable by the Company in relation to the operation of our business.

From time to time we may email our customers with news, information, and offers relating to our own services or those of selected partners. Your personal information may also be collected so that the Company can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.

When we may disclose your personal information

In order to deliver the services you require or for the purposes set out above, the Company may disclose your personal information to organisations outside the Company. Your personal information may be disclosed to these organisations only in relation to this site, and the Company takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:

  • Customer enquiries;
  • Mailing systems;
  • Information technology services;
  • Marketing, telemarketing, and sales services;
  • Market research; and
  • Website usage analysis.

In addition, we may disclose your personal information to:

  • Your authorised representatives or legal advisers (when requested by you to do so);
  • Credit-reporting and fraud-checking agencies;
  • Credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision, and financing);
  • Our professional advisers, including our accountants, auditors, and lawyers;
  • Government and regulatory authorities and other organisations, as required or authorised by law;
  • Organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
  • The police or other appropriate persons where your communication suggests possible illegal activity or harm to others.

Access to your personal information

In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email using the email address provided above or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.

In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:

  • Be unlawful (e.g., where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
  • Have an unreasonable impact on another person's privacy; or
  • Prejudice an investigation of unlawful activity.

We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.

If we refuse to give you access, we will provide you with reasons for our refusal.

Correcting your personal information

We will amend any personal information about you that is held by us and that is inaccurate, incomplete, or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness, or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.

Overseas transfer

Your personal information will not be disclosed to recipients outside of Australia unless you expressly request us to do so, and in that case, the overseas recipient will not be required to comply with the Australian Privacy Principles, and we will not be liable for any mishandling of your information in such circumstances.

We do not provide services to, target, or monitor the behaviour of individuals in the European Union. Accordingly, the European Union's General Data Protection Regulation does not apply.

Storage and security of your personal information

We are committed to maintaining the confidentiality of the information that you provide us, and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software, and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.

Third party websites

You may click through to third-party websites from this site, in which case we recommend that you refer to the privacy statement of the websites you visit. This Privacy Policy applies to this site only, and the Company assumes no responsibility for the content of any third-party websites.

Re-marketing

We may use the Google AdWords and/or Facebook re-marketing services to advertise on third-party websites to previous visitors to this site based upon their activity on this site. This allows us to tailor our marketing to better suit your needs and to only display advertisements that are relevant to you. Such advertising may be displayed on a Google search results page, a website in the Google Display Network, or inside Facebook. Google and Facebook may use cookies and/or pixel tags to achieve this. Any data so collected by Google and/or Facebook will be used in accordance with their own respective privacy policies. None of your personal Google and/or Facebook information is reported to us.

Changes to this Privacy Policy

From time to time, it may be necessary for us to revise this Privacy Policy. Any changes will be in accordance with any applicable requirements under the Privacy Act and the Australian Privacy Principles. We may notify you about changes to this Privacy Policy by posting an updated version on this site.

If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner's website (http://www.privacy.gov.au).

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