Last Updated OCTOBER 2024

These Terms of Use outline the terms and conditions under which we provide our services as a digital marketing agency. By using our services, you agree to be bound by these Terms of Use.

1. Definitions
In these Terms of Use:
– “we”, “us”, and “our” refer to Sizzle Digital.
– “you” and “your” refer to the client or user of our services.

2. Services
We provide digital marketing services to our clients, including but not limited to search engine optimization, social media marketing, and email marketing.

3. Fees
Our fees for services are outlined in our proposal or agreement with you.

4. Intellectual Property
We retain all intellectual property rights in any materials we create for you as part of our services.

5. Confidentiality
We will keep confidential any information you provide to us that is not publicly available.

6. Data Processing Agreement (DPA)
We will process personal data on your behalf in accordance with the terms of our DPA, which is incorporated into these Terms of Use by reference below.

7. Limitation of Liability
Our liability to you is limited to the amount paid by you for our services.

8. Indemnification
You agree to indemnify us against any claims or damages arising from your use of our services.

9. Termination
Either party may terminate the existing monthly agency or software agreement with a minimum of 30 days written notice.

10. Governing Law
These Terms of Use are governed by the laws of Melbourne, Victoria, Australia.

11. Dispute Resolution
Any disputes arising from these Terms of Use will be resolved through arbitration in accordance with the consumer laws of Victoria.

12. Changes to these Terms of Use
We may update these Terms of Use from time to time. The updated Terms of Use will be posted on our website.

If you have any questions about these Terms of Use or our DPA, please get in touch at contact@sizzledigital.com.au

Data Processing Agreement (DPA)

This Data Processing Agreement (DPA) outlines how we process personal data on your behalf as part of our digital marketing services. This DPA is incorporated into our Terms of Use by reference.

1. Definitions
In this DPA:
– “personal data” means any information relating to an identified or identifiable natural person.
– “processing” means any operation or set of operations which is performed on 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”, “processor”, “data subject”, and “supervisory authority” have the meanings given to them in the Privacy Act 1988 (Cth).

2. Scope
This DPA applies to all personal data processed by us on your behalf as part of our digital marketing services.

3. Obligations of the Controller
You warrant that:
– You have obtained all necessary consents and authorizations for us to process personal data on your behalf.
– You have provided all necessary notices and disclosures to data subjects regarding the processing of their personal data.
– You have complied with all applicable laws and regulations regarding the processing of personal data.

4. Obligations of the Processor
We will:
– Process personal data only on your documented instructions.
– Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
– Ensure that persons authorised to process personal data have committed themselves to confidentiality.
– Assist you in responding to requests from data subjects exercising their rights under applicable privacy laws.
– Assist you in complying with your obligations under applicable privacy laws.
– Notify you without undue delay after becoming aware of a personal data breach.
– Make available all information necessary to demonstrate compliance with this DPA upon request.

5. Sub-processors
You authorise us to engage sub-processors for processing personal data on your behalf. We will ensure that sub-processors are bound by obligations no less protective than those contained in this DPA.

6. Term and Termination
This DPA will remain in effect until terminated by either party in accordance with its terms or until we cease providing digital marketing services to you.

7. Governing Law and Jurisdiction
This DPA is governed by the laws of Victoria, Australia and each party submits to the exclusive jurisdiction of the courts located in Melbourne, Victoria, Australia.

If you have any questions about this DPA or our digital marketing services, please contact us at contact@sizzledigital.com.au