TERMS & CONDITIONS
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of our services. Nothing in this disclaimer will:
- limit or exclude the Service Provider’s liability for misinterpretation of the information presented on the website;
- limit any of the Service Provider’s liabilities in any way that is not permitted under applicable law;
Tactical Arbitrage Services carry a certain level of estimation risk, and may result in losses if decisions are based solely on their results. We strongly recommend you should use the results in connection with other information gathered by your own separate due diligence, or you should also seek other independent correlative advice.
By submitting a request for account registration with us, you confirm:
- that you have read the Disclaimer and all the documents supplied to you in connection with our Services and that you fully agree to them;
- that you understand and agree that our services may be amended from time to time, in which case you automatically agree to such modifications;
- About these Terms and Conditions
This Agreement (“Terms and Conditions”) is a contract between Visual Magic Productions Pty. Ltd. and you as a customer. You acknowledge that your use of the “Tactical Arbitrage website www.tacticalarbitrage.com
” (Website) or services will constitute acceptance of the Tactical Arbitrage Terms and Conditions.
Throughout the site, the terms “we”, “us”, “Tactical Arbitrage” and “our” refer to our Visual Magic Productions Pty. Ltd.
The website is available for your use only on condition that you agree to these Terms and Conditions. By accessing/using the website, you are signifying that you agree to be bound by these Terms.
You are independently responsible for complying with all applicable laws in all of your actions related to your use of Tactical Arbitrage’s services, regardless of the purpose of the use. In addition, you must adhere to the terms of the Acceptable Use Policy
To access and use Tactical Arbitrage’s services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.
By visiting our website and/ or purchasing a Service from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions. In case you do not agree with the clauses of the present document, please stop using the Services. These Terms and Conditions may change from time to time, and you are required within reason to revisit this page before placing your order, to ensure that you are up to date with the conditions provisioned by these Terms. Any new features or tools which are added to the current line of Services shall also be subject to the Terms and Conditions.
We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. If you do not agree with the updated version of the document, you will have the right to eventually close your account. You can review the most current version of the document at any time on this page.
- Description, Access and Use of the Services
The following Section applies to any service sold on this website and through our SaaS platform.
The services delivered under this Agreement relate to product sourcing for Amazon FBA. Any description of such products has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
Tactical Arbitrage provides software services for sourcing products from retail suppliers and then selling on the Amazon FBA platform for a profit. It provides access to scanning of online retail sites by means of advanced algorithms that can quickly calculate Amazon fees, source discounts, cashbacks, and shipping costs to ensure your profit and ROI are as accurate as possible. It also provides access to estimated sales metrics, competitor stock levels, dozens of filters, average periods of rank and price, product variation analysis, image recognition, saved product folders you can re-scan or download, etc.
The Tactical Arbitrage API client supports a set of features provided by our SaaS platform, including products search and inquiries, quotations, password access to certain confidential and strategic information, sub-user accounts etc. Our API that allows you to programmatically send and receive searches and inquiries on product information, based on your specific requirements, and integrate this workflow with your own systems (e.g., CRMs, contact center platforms, etc.).
The services available on the website for sale under this Agreement are only available for sale to individuals who can make legally binding contracts. The services are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract.
When you place an order, you basically make an offer to purchase a particular service or subscription for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Terms. In this case the purchase is a subscription for a license of use, granted is for one Amazon seller account only.
If you sign up with us and create an account, then:
- a) you must register for an account with us (an "Account") and provide certain personal information such as name, email address, contact number and password.
- b) You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Our website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper- and lower-case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
When creating an Account, don’t:
- a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- b) Use a username that is the name of another person with the intent to impersonate that person;
- c) Use a username that is subject to rights of another person without appropriate authorization; or
- d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us.
Upon requesting the opening of the account, you are provided access to an Administrator’s account, with username and password chosen by the you. As administrator, you have the ability to set up sub-users and give them limited and specific access to services.
Tactical Arbitrage hereby grants you a limited, terminable, non-exclusive and non-transferable right of access and use the Services, in accordance with the terms of this Agreement, exclusively for your internal business purposes. This right is conditional on the payment of the applicable subscription fee and other fees.
On the first access of the account, some key features providing access to strategic business information pertaining to you are turned off by default. Activating them will require the set-up of a separate password to which only the you, as administrator, have access. Tactical Arbitrage accepts no liability or responsibility whatsoever for your provision of such passwords to third-parties.
Tactical Arbitrage reserves the right to accept or reject your account registration for any reason, including, without limitation, an error in the service description or the price posted on the website, the availability of the service, or an error in your registration request. Your contract with Tactical Arbitrage comes into force when we send you a confirmation email containing the receipt of your registration, confirmation of receipt of your payment and details of likely delivery.
Free trial period.
You have the possibility to try the services for free, upon completing the registration procedure. The trial period is granted for a period of seven (7) days, after which you will have to decide if the services are suitable for your requirements. After the trial period you will have to choose the most suitable subscription plan for your needs, or cancel the account.
Risk of use of any scripts passes to you upon immediate commencement of any subscription, including during the free trial period.
Nothing in these Agreement is intended to exclude, restrict or modify any statutory obligation of Tactical Arbitrage implied by the Goods Act, 1958 or by any other internationally applicable act.
Payments, manual, automatic or otherwise set up via credit card, PayPal, or similar means to Tactical Arbitrage are the sole responsibility of the website user.
Our platform uses third party payment providers to receive payments from you. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues.
We take utmost care to work with 3rd party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
You acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond our control.
You understand and expressly authorize Tactical Arbitrage to collect payment from or charge the credit card for availing our services.
Tactical Arbitrage reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever.
All transactions are completed through secure third-party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. You agree that you shall hold us harmless against any such dispute or legal claim.
Also, Tactical Arbitrage is not liable and will not be held as such for any unexpected charges. You, as a user of the platform and the services, are expected to monitor your subscription and make conscious decisions to cancel or continue your services at a time that they decide to, and not retroactively based upon regret or forgetfulness or other such reasons make claims for restitution. Reasons such as failure to stop or monitor payments shall not hold Tactical Arbitrage or any of its employees or affiliates liable to reimburse lost funds. Only a customer stopping the subscription via manual means with their payment processor shall terminate any subscription, and correspondence through email, social media, or verbally does not in any way guarantee a subscription will be terminated.
A subscriber to the Tactical Arbitrage service may cancel their membership at any time, using either the cancel link in the Your Profile
page when logged in, or from inside the application in the Accounts tab of the Settings page.
Cancellation within a trial (before any charge has been made), will incur no further charges, and account termination will happen shortly afterwards.
Cancellation during a weekly or monthly membership cycle, will retain access to the software service until the end of that paid period. A member can enjoy the service for the remainder of this duration, as they have already paid.
There will be no liability to provide any form of refund by Tactical Arbitrage, or it’s owners after a weekly or monthly cycle has already started and been paid for, although consideration of a full or partial refund, may be made if the request is strictly within the initial 48 hours of the period. In this scenario, access to the portal is terminated immediately, and all data erased.
Cancellation of an annual paid membership cycle, will retain access to the software service until the end of that paid period. A member can enjoy the service for the remainder of this duration, as they have already paid.
There will be no liability to provide any form of refund by Tactical Arbitrage, or it’s owners after an annual cycle has already started and been paid for, although consideration for a partial refund of no greater than 50%, may be made if the request falls within the initial 90 days of the subscribed years period. In this scenario, access to the portal is terminated immediately, and all data erased.
Tactical Arbitrage, it’s owner/s, parent company, or other agents reserve the right to, at any time and without notice, suspend, cancel, or terminate any account membership at their discretion, for any reason related to, or not related to activity that may be deemed prohibitive to the above terms and conditions whether suspected, or proven without any legal recourse.
In the instance that this event occurs, a prorated refund for remaining days in the subscribed month cycle, may be made available as a refund.
Without limiting the foregoing, we may close, suspend or limit your access to our platform:
- if we determine that you have breached, or are acting in breach of, this Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- to manage any risk of loss to us, a user, or any other person; or
- for other similar reasons.
If we find you breaching these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
- Prohibited Activities
Sharing access to accounts to other IP addresses not related to the user’s single Amazon account will result in immediate termination of any paid subscription, with no refund. You may not transfer your Account to another party.
You may not use the Tactical Arbitrage services for activities that:
- Violate any law, statute, ordinance or regulation;
- Relate to transactions involving:
- items that encourage, promote, facilitate or instruct others to engage in illegal activity;
- items that promote hate, violence, racial intolerance or the financial exploitation of a crime; or
- items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction.
- Show the personal information of third parties in violation of applicable law;
- Distribute or send communications that contain spam, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm Tactical Arbitrage, the Services or the interest or property of other users;
- Impose an unreasonable load on Tactical Arbitrage’s infrastructure or interfere with the proper working of the Services;
- Copy, modify, or distribute any other person’s content without their consent, including any of Tactical Arbitrage’s content unless within the reasonable and normal use under the Services;
- use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without Tactical Arbitrage’s expressed written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- bypass measures used to prevent or restrict access to the Services.
- Modification of the Terms
We may amend, revise or update the Tactical Arbitrage Terms and Conditions and once a change takes effect, your continued use of the Website or services will be deemed acceptance of any change.
- Modifications to the Information
Tactical Arbitrage does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Tactical Arbitrage.
- Errors and problems
Tactical Arbitrage does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.
- Intellectual Property
The copyright for the content on this Website is owned or licensed by Tactical Arbitrage and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Tactical Arbitrage.
All custom graphics, icons, and other items that appear on the website and all associated trademarks, are trademarks of Tactical Arbitrage.
- Privacy and Security
We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at [email protected]
upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to our app, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities).
- Feedback, suggestions, comments or requests
Tactical Arbitrage is neutral on whether you decide to offer feedback, suggestions, comments or requests (“comments”) but these comments may be made either within our software portal, or directly to [email protected]
and if you do make comments, you acknowledge that:
- they will not be considered confidential or proprietary; and
- Tactical Arbitrage is under no obligation to keep such information confidential, and Tactical Arbitrage will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
- Outbound links
The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Tactical Arbitrage. Tactical Arbitrage makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site.
Tactical Arbitrage may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third-party website from the Tactical Arbitrage website.
- Inbound links
Tactical Arbitrage generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and Tactical Arbitrage. However, linking to any other page of the website is strictly prohibited, without express written permission from Tactical Arbitrage.
- Disclaimer of Warranties
Tactical Arbitrage makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
- Limitation of Liability
In no event shall Visual Magic Productions Pty. Ltd. T/A Tactical Arbitrage, its employees or contractors, or for that matter affiliates, be liable or held responsible for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website. In addition to this, Visual Magic Productions Pty. Ltd. T/A Tactical Arbitrage will not be held responsible for any damages resulting from loss of accounts, capital, any changes in the market, or other negative factors such as consequence from inadvertent or unexpected violations of terms of services at any linked site, blocked IP addresses, so on and so forth should any such situation arise as a result of the use of this website, the Tactical Arbitrage software sourcing scripts, other Tactical Arbitrage related tools on site or off site (such as via browser extensions or social media), or from advice or tutorials given via text, audio or video, linked or embedded within the site pages.
The services are provided “as is” and “as available”. You agree not to hold Tactical Arbitrage responsible for things provided for by any third party in connection with those services.
We also cannot guarantee continuous or secure access to our services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent legally permitted, we do not give any promises or warranties (whether express or implied) about the availability of our services.
Notification functionality in our services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your data service provider’s network, including any wireless service.
To the extent legally permitted we disclaim all warranties, representations and conditions, express or implied including those of merchantable quality, durability, fitness for a particular purpose and those arising by statute. To the extent legally permitted, we are not liable for any loss, whether of money (including profit), goodwill or reputation, or any special, indirect, or consequential damages arising out of your use of the services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
Despite the previous paragraph, to the extent permitted by law, if we are found to be liable, our liability to you or any third party (whether in contract, delict, negligence, strict liability, by statute or otherwise) is limited to the greater of:
- the total fees you pay to us for the specified service; and
You undertake all risks and liabilities for consequences arising from the use of the goods or services whether singly or in combination with others and indemnify Tactical Arbitrage in respect of any such use. Tactical Arbitrage is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility of to ensure that the goods and services when used by you are error free and work within the expected parameters, and no liability will be accepted by Tactical Arbitrage for the consequences of the use of said goods or services by you.
You agree to defend, indemnify and hold harmless our Tactical Arbitrage, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our app or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
If you have a dispute with one or more Tactical Arbitrage’s third party affiliates, you release Tactical Arbitrage (and our officers, directors, agents, subsidiaries, joint ventures and employees) form any and all claims, demands and damages (actual or consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
These terms and other policies posted on the Terms and Conditions set out the entire agreement between Tactical Arbitrage and you, overriding any prior agreements or understandings.
We will send notices to you via the email address you provide, or by registered mail, subject to the provision of a mailing address. Notices sent by registered mail will be deemed to have been received on the day it is sent, in accordance with the Postal Acceptance Rule.
These Terms and Conditions and any policy referred to in these Terms and Conditions are subject to and governed by the law in force in the State of Queensland the non-exclusive jurisdiction the Commonwealth of Australia and its courts, and any courts, which may hear appeals from those courts in respect to any proceedings in connection with this Agreement, and by accessing/using this Website or our services, you are signifying that you agree to be bound by these terms.
- Dispute Resolution:
In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
- Force majeure:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) Acts of god;
(b) Natural disasters;
(f) Shortage of supplies, equipment, and materials;
(g) Strikes and lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.
The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our app. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our app. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use our platform.
Our team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email at [email protected]
or by clicking the unsubscribe link in our emails sent to you.
You consent to receive notices and information from us in respect of our platform and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of our platform, you give us permission to provide these records to you electronically instead of in paper form.
By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting at the Contact details provided on our platform. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting Customer Support at [email protected]
- Special Admonitions for International Use:
- Entire Agreement:
The Agreement, in connection with the other obligations, policies and rules detailed in writing on our platform, constitute the entire agreement between you and us.
- Contact Us:
For any further clarification of out Terms and Conditions, please write to us at [email protected]
ACCEPTABLE USE POLICY
The Acceptable Use Policy establishes the requirements regarding the proper use of Tactical Arbitrage systems/data/resources to help maintain a positive work environment and help to reduce the potential of virus attacks, compromise of network systems and services, and potential legal issues. All Tactical Arbitrage employees, contractors, and suppliers are required to adhere to established requirements within this policy when using Tactical Arbitrage computer equipment and/or the Tactical Arbitrage network.
All aspects of this policy, including employee compliance, company rights (including monitoring), and enforcement, are to be performed in accordance with local laws and restrictions. In the event that specific sections, requirements, or company rights contained in this policy are determined to not be applicable or enforceable under local law, all other sections and requirements remain in place.
Tactical Arbitrage will implement and maintain comprehensive administrative, technical, and physical safeguards to protect all Sensitive Information in the company’s possession. This policy defines the requirement of every employee to ensure appropriate data protection safeguards are implemented in accordance with established standards and. Furthermore, adherence to the Acceptable Use Policy helps ensure that Tactical Arbitrage satisfies regulatory, contractual, and audit compliance requirements as they pertain to safeguarding Sensitive Information.
General Acceptable Use
All Information Technology resources and all information transmitted by, received from or stored in these systems, are the property of Tactical Arbitrage and, as such, are provided for official business. All access to these resources is governed by the Access Control Policy. All messages or information composed, sent, received or stored using the e-mail system, instant messaging tools, network, Internet, Intranet or any other company-provided or approved system or service are and shall remain the property of the company, including passwords. Unless specifically called for by law, none of the items mentioned herein shall be considered to be the private property of any employee and employees should not have an expectation of privacy for any messages or communications transmitted via company provided electronic resources. All aspects of this policy, including employee compliance, company rights, and enforcement, are to be performed in accordance with local laws and restrictions. In the event that specific sections, requirements, or company rights contained in this policy are determined to not be applicable or enforceable under local law, all other sections and requirements remain in place.
Notwithstanding the company’s right to retrieve and read any message or information on a wireless device (e.g. text messages), e-mail, Internet, Intranet or any other company provided or approved system or service, such messages or information should be treated as confidential by other employees and accessed only by the intended recipient. With the exception of those working in security, fraud, investigative, legal or human resources roles when they are acting in furtherance of their official duties, no employee is authorized to retrieve or read any messages or information that is not sent to them, nor should they attempt to gain access to another employee’s messages or information.
- The use of personal devices to connect to Tactical Arbitrage Network resources, not directly associated with satisfying work obligations, is strictly prohibited.
- Tactical Arbitrage staff are retained with the understanding that they supply their own computers or other related equipment as whose work requires access to these resources. Tactical Arbitrage may require certain safe configurations or monitoring, but each staff member provides all hardware required to perform their obligations for Tactical Arbitrage.
- Tactical Arbitrage software is to be installed only on Tactical Arbitrage managed machines. Tactical Arbitrage may require isolated authentication, isolated virtual machines, VPN access and further isolation from the non Tactical Arbitrage on staff devices.
- VPN access to the Tactical Arbitrage network may be required to restrict and control access to protected company resources.
- Users are responsible for protecting Tactical Arbitrage IT Resources assigned to them or to which they have access (including, but not limited to, physical devices, user identities, and email messages).
- Physical devices (i.e. laptops, cell phones, tablets, portable storage media, and other mobile devices) must be securely safeguarded when they are not in use.
- Lost or stolen Tactical Arbitrage IT Resources must be reported immediately to the appropriate personnel.
- Confidential or client data cannot be stored on portable devices and/or media unless:
- Specifically required to achieve a business purpose
- Authorized by Tactical Arbitrage office of Chief Information Security Officer
- Such storage is not in violation of regulatory or contractual obligations
- Appropriate controls are put into place to safeguard the data
- Tactical Arbitrage confidential or client data must be encrypted if stored on portable devices in accordance with the Encryption Standard
- Authentication information must not be documented and carried with any portable media. This includes being written or stored in any type of electronic form. This also includes saving passwords, scripting logins, or creating macros capable of automatically entering credentials.
- Tactical Arbitrage IT Resources are to be used in a professional, ethical, and lawful manner at all times.
- Tactical Arbitrage Employees are required to use approved Tactical Arbitrage communications applications for transmitting and storing company data. If a staff member needs to use a tool that is currently not permitted, they can submit an exception. Requests must be submitted as policy exceptions and will be reviewed appropriately. Review criteria will include:
- Valid business justification
- Benefit to the company
- Availability of more secure options
- Risk to the company
Compliant Use of Tactical Arbitrage Resources
- Use of client or regulatory body messaging services requires the approval of Information Security
- Users of Tactical Arbitrage IT Resources should not have any expectation of privacy in connection with the use of these resources or with the transmission, receipt or storage of messages or information utilizing these resources.
- Tactical Arbitrage reserves the right to monitor, review, audit, and/or disclose use of Tactical Arbitrage IT Resources or information transmitted to/from these resources in order to protect Tactical Arbitrage business objectives. Any such monitoring, review, audit and/or disclosure activities must be consistent with applicable legal/regulatory requirements.
- Users are only permitted to access/utilize Tactical Arbitrage IT Resources to which they have been explicitly granted permission.
- Users must never knowingly introduce security risks into the Tactical Arbitrage IT environment. This includes, but is not limited to: Changing the pre-established security configuration of an Tactical Arbitrage IT Resource
- Installing an unauthorized wireless access point onto the corporate network regardless of the access point’s configuration
Users are responsible for considering whether their use of a Tactical Arbitrage IT Resource is appropriate given this policy.
- If the appropriateness use of an Tactical Arbitrage IT Resource is unclear, the User must consult with their Management to establish whether the use is appropriate prior to using the Resource in that manner.
- Compliance with this policy is the responsibility of each staff member. Decision from the office of the CISO regarding permitted or disallowed use is absolute and not open to appeal.
The company maintains and operates systems, tools, and processes which monitor and restrict internet traffic and the external websites that can be reached when connected to the corporate network. Additionally, these tools have the ability to monitor and restrict the internet activity performed on company provided equipment while off the corporate network.
This monitoring process actively reviews all internet traffic requests in real time and either approves or blocks access to the requested address. Users will receive a notification page if access to a website has been blocked.
Due to the dynamic nature of the internet and the constantly evolving threats to the company, the monitoring and filtering criteria used to determine if access to a website or category of sites is approved or blocked may be changed at any time by the company for any reason.
Some business groups or user roles may be granted different levels of access, or may request additional access based on proven business need.
Employees are not permitted to manipulate any monitoring or filtering software or install other software for the purposes of bypassing any monitoring or filtering tools.
All monitoring and filtering is to be performed within the boundaries of local law.
Regardless of the level of internet filtering that may be in place, employees are responsible for any internet activity conducted, including ensuring they do not visit websites or download files that could be considered questionable, violate company policy, or pose a risk to the company, even if access to the website was not blocked.
Convenience Internet Access
In certain locations, the company may choose to provide wireless internet access for the convenience of in temporary or permanent Tactical Arbitrage office locations. This internet access does not connect to the corporate network and is not provided for business purposes, but rather for the personal use of employees
while they are away from their work areas. Use of this internet access should be considered a privilege and all users are expected to exercise good judgment and abide by all relevant company policies and on-site guidance when utilizing this internet connectivity.
Access to social networking websites has been restricted. Employees are prohibited from accessing social networking websites for personal use on Tactical Arbitrage owned devices (laptops, desktops, tablets, and smart phones).
All other requests must be submitted as policy exceptions and will be reviewed appropriately.
Any employee access to these websites for personal use must only be done on employee owned devices and must not interfere with employee productivity or be in violation of any other policies.
Access to some professional networking sites has been allowed for some employees based on position and
level and all usage of those sites must be in compliance with other Tactical Arbitrage policies including (but not limited to) policies related to confidentiality, productivity, and security.
Any individual who suspects incidents of misuse, fraud, loss, and/or theft should immediately report the activity to their supervisor, manager, or local Human Resources representative. Below is a partial list of improper usage examples which are in violation with this policy:
- Engaging in any activity in violation of local or applicable law
- Engaging in communications that are in violation of company policies, including but not limited to transmission of defamatory, obscene, malicious, offensive or harassing messages, or messages that disclose personal or confidential information without authorization and appropriate level of security.
- Conducting unauthorized business including but not limited to review, duplication, dissemination, removal, installation, damage or alteration of files, passwords, computer systems or programs, or other property of the Company, or improper use of information obtained by unauthorized means.
- Sending Company proprietary or confidential materials to anyone not entitled to know or possess them.
- Engaging in personal activities that incur additional costs to the company or interferes with an employee's work performance and/or productivity
- Downloading, installing, distributing or using any software on company computers without the approval by management. Examples include but are not limited to:
- Software, documents and other information protected by copyright laws or licensing.
- Images and screensavers
- Video or audio files not business related (downloading and streaming) o Entertainment-related software or games
- Internet games (gambling, simulations, online-interaction, etc.)
- To view, transmit or download obscene or pornographic materials or materials that violate or encourage others to violate the law.
- Engaging in chat rooms or other forums to release the Company’s confidential or proprietary information, or to purport to represent the Company or its interests without express authorization.
- Manipulating any monitoring or filtering software or installing other software for the purposes of bypassing any monitoring or filtering tools.
- Utilizing another User’s username and password to gain access to an Tactical Arbitrage IT Resource.
Staff members found in policy violation may be subject to disciplinary action, up to and including termination.
All Tactical Arbitrage employees and subcontractors are required to adhere to established policies and standards. Violation of Tactical Arbitrage policies and standards may result in disciplinary action up to and including termination. Any suspected violation of a Tactical Arbitrage policy or standard should be reported to a supervisor, management representative, and Human Resource representative or to the Tactical Arbitrage office of Chief Information Security Officer [email protected]
om. If you are aware of, or suspect, a security incident you should immediately report the incident to Tactical Arbitrage Security Incident Response Team (INFOSEC) by e-mailing [email protected]
Tactical Arbitrage has a strict no retaliation policy and will not tolerate any kind of retaliation against anyone who, in good faith, reports a violation of Tactical Arbitrage policy or law.
Effective Date: 1st
of May 2020
Notice Version: 2.0
Data Controller Contact Information
Visual Magic Productions Pty. Ltd.
125 Pring Street, Hendra
Queensland, Australia 4011
This document governs the privacy notice of our website http://www.tacticalarbitrage.com
Tactical Arbitrage, (hereinafter "Service", “we” or “us”) treats everything that is related to personal data with respect and integrity. We are committed to safeguarding the privacy of our website, of our services as data protection is of a particularly high priority for the management of our company.
First, we need to define, and it is important for you to understand, the expression: "Personal Data"
. It generically represents any kind of information about a physical person, whose particularities can lead, directly or indirectly, to its identification. Here you have, by way of example, but not limited to: name and surname, geographical address, any identification number, political orientation, sexual orientation, email address, any location information and any other online identifier such as the device used to access the Internet, IP address, or cookie information.
With regards of your agreement on collection and use of personal data, we have taken all the necessary technical measures to provide you with this detailed agreement, so you can have a crisp clear experience, from the first to the last interaction with our website or our services.
Visitors and Users agree and accept that the use of our website is not possible without any indication of personal data.
Our data protection policy should be legible and understandable for the general public, as well as for our Users and business partners. To ensure this, we would like to first explain the terminology used.
In this data protection declaration, we use, inter alia, the following terms:
- Data Subject or Data Principal - is any identified or identifiable natural person, whose personal data is collected and processed by us.
- Processing - is any operation which is performed on personal data, such as collection, recording, organization, structuring, storage, etc.
- Restriction of processing - is the marking of stored personal data with the aim of limiting their processing in the future.
- Profiling - means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person.
- Data Controller or Data Fiduciary - is the natural or legal person, public authority, agency or other body, which determines the purposes and means of the processing of personal data;
- Processor - is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
- Recipient - is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed. The processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
- Third party - is a natural or legal person, public authority, agency or body other than the ones above, who, under the direct authority of the controller or processor, are authorized to process personal data.
- Consent - is any freely given, specific, informed and unambiguous indication of data subject’s acceptance to the processing of their personal data.
The processing of personal data will be in line with these main international legislations:
- General Data Protection Regulation (GDPR), applicable in Europe;
- Australian Privacy Act (1988);
- California Consumer Privacy Act (2018) and Privacy Act U.S.C. 552a (Privacy Act of USA);
- Personal Data Privacy Bill (2020) applicable in the USA.
We are able to sell our services worldwide. For the purpose of avoiding any compliance conflict with any terminology used by any particular legislation, in this document: “Users” are the “data subjects” or the “data principals” and Tactical Arbitrage is the “data controller” or “data fiduciary”
Our privacy notice tells you what personal data (PD) and non-personal data (NPD) we may collect from you, how we collect it, how we protect it, how we may share it, how you can access and change it, and how you can limit our sharing of it. Our privacy notice also explains certain legal rights that you have with respect to your personal data. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our website.
Automated individual decision-making and profiling
You will have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
Filing a complaint with authorities
You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the General Data Protection Regulation. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.
For details about your rights under the law, visit https://goo.gl/F41vAV
You are a “Website Visitor” by definition when you visit our website www.kcard.online and any other eventual subdomains associated with our principal domain. As a website visitor, we use your information for our own purposes, primarily for improving the use of our website and to provide you with more relevant content.
You become a “User” if you create an account on our website/app in order to buy one of our products or services. If you are a User, our primary purpose of using your personal data is for providing the service and the services to you. We retain your personal information for a limited time and for limited purposes, such as to make it easier for you to re-join our service in the future or to wish you offers for services that we think you may be interested in.
Types of Personal Data we collect
- a) Personal Information
When you access the website, register a User Account or avail the Services, we may ask you to voluntarily provide us certain information that personally identifies you or could be used to personally identify you (“Personal Information”). Personal Information includes (but is not limited to) the following categories of information: first and last name, gender, physical address, contact number, email or other contact information and other relevant data as desired by us. Questions or comments submitted by visitors may also be regarded as Personal Information.
Please do not supply any other person's personal data to us, unless we prompt you to do so.
- b) Non-Personal Information
We may additionally collect and track Non-Personal Information about your website visit including the domain name and the name of the web page from which you use our Services, how much time you have spent on each of our web pages, the Internet Protocol (IP) address associated with your computer, tablet or mobile phone, operating system and platform, pages viewed, information searched for or requested for and other relevant statistics. We will use this information for the purposes of improving the performance and operations of our website and Services. If you send Tactical Arbitrage a message, this message can be stored to process it, to compile statistical information, to improve our services and support, or to get in touch with you. Further communication between you and a Care Provider made via email will have no connection to Tactical Arbitrage.
Upon acquisition of our services, we will ask for your full name and a valid e-mail address, which will be included in our mailing list, for future maintenance, updates, and eventual marketing promotions. In addition, we will ask you to provide us with secure payment data, which will be used for processing the order. This particular set of data will be legally processed by our payment processor, and will not be stored by us.
Purpose of collection
Our commercial purpose, by reference to the subject matter of our business, is provision of ticketing for events services, and also intermediation services between data subjects and/or other adjacent or complementary third-party service providers, and the new rules of personal data protection (GDPR, CCPA, Cth, PDPB, etc.) are part of this context.
To improve our services.
We always want to offer you the best online experience and for this we can collect and use certain information about your behavior and preferences when using the website, or we can conduct market research directly or through partners.
To improve your marketing activity
We want to keep you informed about the best offers for the products / services you may be interested in. In this sense, we may send you any type of message (such as: email / SMS / phone / mobile push / web push / etc.) containing general and thematic information about products or services, information on offers or promotions, as well as other commercial communications.
To defend our legitimate interests
There may be situations in which we use or transmit information to protect our rights and our commercial activity. These situations may include:
- measures to protect the website and platform Visitors and Users against cyber-attacks;
- measures to prevent and detect fraud attempts;
- transmission of information to the competent public authorities;
- other risk management measures.
We therefore commit ourselves:
- to protect the privacy of your data, which is a top priority for our company’s management;
- to use this data for the sole purpose of providing you with a personalized experience on our website as well as on the online platforms that we promote our products and services (Facebook and Google, etc.).
We may process data about your use of our website and services, or the User’s website ("usage data"). The usage data may include your IP address, geographical location, browser type, and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analyzing the use of the website and services.
We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may be processed for the purposes of providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.
We may process information contained in any inquiry you submit to us regarding services and/or services ("inquiry data"). The inquiry data may be processed for the purposes of providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.
We may process information relating to our User relationships, including User contact information ("User relationship data"). The User relationship data may include your name, your employer, your job title or role, all your contact details, and information contained in communications between us and you or your employer. The User relationship data may be processed for the purposes of providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.
We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our services ("transaction data"). The transaction data may include your contact details and the transaction details. The transaction data may be processed for the purposes of providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.
We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.
“Automatically Collected" Information: The website collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files, and it is collected regardless of your quality: Website Visitor or User.
Note: no personal information is collected through the service (plugin) itself. Kmajor only collects purchase codes, website URL, plugin version and WordPress version strictly for providing services.
Collected may be:
- the ISP,
- the operating system used by the accessing system
- the website from which an accessing system reaches our website (so-called referrers)
- the sub-website
- the date and time of access to the website
- an Internet Protocol address (IP address)
- screen Resolution
- locale Preferences
- web page visited before you came to our website
- information you search for on our website
- date and time stamps associated with transactions
- system configuration information and other interactions with the website.
- social networking information (if we are provided with access to your account on social network connection services);
- any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, we do not draw any conclusions about the data subject. Rather, this information is needed to:
- deliver the content of our website correctly;
- optimize the content of our website as well as its advertisement;
- ensure the long-term viability of our information technology systems and website technology;
- provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack;
In addition to the specific purposes for which we may process your personal data set out in this Section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Please do not supply any other person's personal data to us, unless we prompt you to do so.
Obviously, the access to our website for website visitors is free; however, we inform you that for the use of the website via mobile device the charges and the standard tariffs provided in the service contract that you have stipulated with them will still be applied by the telephone operators.
Our Legal Basis for Collecting and Processing Personal Data
Our legal basis for collecting and processing your PD when you buy our products, services, or sign up for our trial membership is based on the necessity for the performance of a contract or to take steps to enter into a contract.
What Happens If You Don’t Give Us Your PD
If you do not provide us with enough PD, we may not be able to provide you with all our products and services. However, you can access and use some parts of our website without giving us your PD.
We Collect Your PD in the Following Ways:
We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our website, if any, as well as the name of the website you’ll visit when you leave our website. This information also includes the IP address of your computer/the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of mobile device, your computer operating system, and data about your browsing activity when using our website. We use all this information to analyze trends among our users to help improve our website.
When Entering and Using Our Website
When you enter and use our website and agree to accept cookies, some of these cookies may contain your PD.
At Member Registration or When Buying Our Products or Services
When you register as a member to buy our products, services, or sign up for our trial membership, we may collect some or all of the following information: your first and last name, email address, physical address, credit card or other payment information, phone number, user name, password, and other information listed.
Website Chat Software
Our website contains chat software that enable visitors to communicate with us live online or offline by email. In some cases, visitors can communicate with us without becoming a member or buying our products and services. When you use this chat software, we may collect some or all the following information: your email address, first name, last name, location, and any other information you willingly choose to provide to us. You should limit the information you provide to us that is only necessary to answer your questions.
We use www.Hotjar.com
You can opt-out to the creation of a user profile, Hotjar’s storing of data about your usage of our website and Hotjar’s use of tracking cookies on other websites by visiting https://www.hotjar.com/legal/compliance/opt-out
Strictly Necessary Cookies
These cookies collect information about the use of the website, such as pages visited, traffic sources, users’ interests, content management, and other website measurements.
These cookies enable the website to remember a user’s choices – such as their language, user name, and other personal choices – while using the website. They can also be used to deliver services, such as letting a user make a blog post, listen to audio, or watch videos on the website.
These cookies can be used to improve a website’s performance and provide special features and content. They can be placed by third parties who provide services to us or by our company.
Advertising or Targeting Cookies
These cookies are usually placed and used by advertising companies to develop a profile of your browsing interests and serve advertisements on other websites that are related to your interests. You will see less advertising if you disable these cookies.
These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; thus, they are not stored long term.
These cookies are stored on a user’s device in between browser sessions, which allows the user’s preferences or actions across a site (or, in some cases, across different sites) to be remembered. Persistent cookies may be used for a variety of purposes, including remembering users’ choices and preferences when using a website or to target advertising to them.
- Identifying the areas of our website that you have visited
- Personalizing content that you see on our website
- Our website analytics
- Remarketing our products or services to you
- Remembering your preferences, settings, and login details
- Targeted advertising and serving ads relevant to your interests
- Affiliate marketing
- Allowing you to post comments
- Allowing you to share content with social networks
We may also use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us to understand the behavior of our customers, members, and visitors.
Google Analytics and Google Tag Manager Privacy Notice
Our website uses Google Analytics and Google Tag Manager to collect information about the use of our website. Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our website, what pages they visit, and what other websites they have used before coming to our website. We use the information we get from Google Analytics to analyze traffic, remarket our products and services to users, improve our marketing, advertising, and to improve our website. We have enabled Google Analytics advertising features such as remarketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. Google Analytics collects only the IP address assigned to you on the date you visit our website, not your name or other identifying information. We do not combine the information collected using Google Analytics with PD. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our website, the cookie cannot be used by anyone but Google. Google also uses specific identifiers to help collect information about the use of our website. For more information on how Google collects and processes your data, visit https://www.google.com/policies/privacy/partners/
You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout
Communications and Emails
When we communicate with you about our website, we will use the email address you provided when you registered as a member or user. We may also send you emails with promotional information about our website or offers from us or our affiliates unless you have opted out of receiving such information. You can change your contact preferences at any time through your account or by sending us an email with your request to: [email protected]
Sharing Information with Affiliates and Other Third Parties
We do not sell or rent your PD to third parties for marketing purposes. However, for data aggregation purposes we may use your NPD, which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your PD. We may provide your PD to third-party service providers we hire to provide services to us. These third-party service providers may include but are not limited to: payment processors, web analytics companies, advertising networks, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies.
Sharing Information with Facebook and Google for Marketing Purposes
We may share your PD with third parties for similar audience marketing purposes. Similar audience marketing is also called lookalike audience marketing. The third parties we share your PD with for this type of marketing include Facebook and/or Google. Using your PD, for similar audience marketing or lookalike audience marketing helps us find new audiences (users and customers) based on similar interests to yours, this helps us improve our marketing services. Your PD is only shared with Facebook and Google for this type of marketing. By using our website and agreeing to our privacy notice, you are giving your consent for your PD to be used for the marketing purposes described within this section.
Legally Required Releases of Information
We may be legally required to disclose your PD if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties, including you and/or other users or members; or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates.
Disclosures to Successors
If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your PD to the new business. The new business would retain the right to use your PD according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business.
We also retain the right to transfer your PD if our company files for bankruptcy and some or all of our assets are sold to another individual or business.
Community Discussion Boards
Our website may offer the ability for users to communicate with each other through online community discussion boards or other mechanisms. We do not filter or monitor what is posted on such discussion boards. If you choose to post on these discussion boards, you should use care when exposing any PD, as such information is not protected by our privacy notice nor are we liable if you choose to disclose your PD through such postings. Also, PD you post on our website for publication may be available worldwide by means of the Internet. We cannot prevent the use or misuse of such information by others.
Retaining and Destroying Your PD
We only retain the personal information collected from a User for as long as the User’s email address is active on our mailing list, or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law.
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 2-year criteria, after your relationship with us ends.
We may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Updating Your PD
You can update your PD using services found on our website. If no such services exist, you can contact us using the contact information found at the top of this notice and we will help you. However, we may keep your PD as needed to enforce our agreements and to comply with any legal obligations.
When using our website and submitting personal data to us, you may have certain rights under the General Data Protection Regulation (GDPR) and other laws. Depending on the legal basis for processing your personal data, you may have some or all of the following rights:
The right to be informed
You have the right to be informed about the personal data we collect from you, and how we process it.
The right of access
You have the right to get confirmation that your personal data is being processed and have the ability to access your personal data.
The right to rectification
You have the right to have your personal data corrected if it is inaccurate or incomplete.
The right to erasure (right to be forgotten)
You have the right to request the removal or deletion of your personal data if there is no compelling reason for us to continue processing it.
The right to restrict processing
You have a right to ‘block’ or restrict the processing of your personal data. When your personal data is restricted, we are permitted to store your data, but not to process it further.
The right to data portability
You have the right to request and get your personal data that you provided to us and use it for your own purposes. We will provide your data to you within 30 days of your request. To request your personal data, please contact us using the information at the top of this privacy notice.
The right to object
You have the right to object to us processing your personal data for the following reasons:
Revoking Your Consent for Using Your PD
- Processing was based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
- Direct marketing (including profiling); and
- Processing for purposes of scientific/historical research and statistics.
- Rights in relation to automated decision-making and profiling.
You have the right to revoke your consent for us to use your PD at any time. Such an optout will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates and business partners, (ii) disclosures to third-party service providers that provide certain services for our business, such as credit card processing, computer system services, shipping, data management services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments, or as otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept. If you want to revoke your consent for us to use your PD, send us an email with your request to:
Protecting the Privacy Rights of Third Parties
If any postings you make on our website contain information about third parties, you must make sure you have permission to include that information in your posting. While we are not legally liable for the actions of our users, we will remove any postings about which we are notified, if such postings violate the privacy rights of others.
Do Not Track Settings
Some web browsers have settings that enable you to request that our website not track your movement within our website. Our website does not obey such settings when transmitted to and detected by our website. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.
Links to Other Websites
Our website may contain links to other websites. These websites are not under our control and are not subject to our privacy notice. These websites will likely have their own privacy notices. We have no responsibility for these websites and we provide links to these websites solely for your convenience. You acknowledge that your use of and access to these websites are solely at your risk. It is your responsibility to check the privacy notices of these websites to see how they treat your PD.
Protecting Children’s Privacy
Even though our website is not designed for use by anyone under the age of 16, we realize that a child under the age of 16 may attempt to access our website. We do not knowingly collect PD from children under the age of 16. If you are a parent or guardian and believe that your child is using our website, please contact us. Before we remove any information, we may ask for proof of identification to prevent malicious removal of account information. If we discover that a child is accessing our website, we will delete his/her information within a reasonable period of time. You acknowledge that we do not verify the age of our users nor do we have any liability to do so.
Our Email Policy
You can always opt out of receiving further email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business, or if our company files for bankruptcy.
Our Security Policy
We have built our website using industry-standard security measures and authentication tools to protect the security of your PD. We and the third parties who provide services for us, also maintain technical and physical safeguards to protect your PD. When we collect your credit card information through our website, we will encrypt it before it travels over the Internet using industry-standard technology for conducting secure online transactions. Unfortunately, we cannot guarantee against the loss or misuse of your PD or secure data transmission over the Internet because of its nature.
We strongly urge you to protect any password you may have for our website and to not share it with anyone. You should always log out of our website when you finish using it, especially if you are sharing or using a computer in a public place.
Use of Your Credit Card
You may have to provide a credit card to buy products and services from our website. We use third-party billing services and have no control over these services. We use our commercially reasonable efforts to make sure your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
California Privacy Rights
In addition to the rights provided for above, if you are a California resident, you have the right to request information from us regarding whether we share certain categories of your personal information with third parties for the third parties' direct marketing purposes. To the extent we share your personal information in this way, you may receive the following information:
(a) the categories of information we disclosed to third parties for the third parties' direct marketing purposes during the preceding calendar year; and
(b) the names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed.
Effective January 1, 2020, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights in relation to their personal information, subject to limited exceptions. Any terms defined in the CCPA have the same meaning when used in this California Privacy Rights section.
- For personal information collected by us during the preceding 12 months that is not otherwise subject to an exception, California residents have the right to access and delete their personal information. Tactical Arbitrage will not discriminate against those who exercise their rights. Specifically, if you exercise your rights, we will not deny you services, charge you different prices for services or provide you a different level or quality of services.
- To the extent we sell your personal information to third parties, you also have the right to request that we disclose to you: (i) the categories of your personal information that we sold, and (ii) the categories of third parties to whom your personal information was sold. You have the right to direct us not to sell your personal information. Tactical Arbitrage does not sell your personal information in its ordinary course of business and will never sell your personal information to third parties without your explicit consent.
Should Tactical Arbitrage engage in any of the activities listed in this section, your ability to exercise these rights will be made available to you in your account settings. You can exercise your rights by going contacting us via email so that we may consider your request.
If you are a California resident, you may designate an authorized agent to make a request to access or a request to delete on your behalf. We will respond to your authorized agent's request if they submit proof that they are registered with the California Secretary of State to be able to act on your behalf, or submit evidence you have provided them with power of attorney pursuant to California Probate Code section 4000 to 4465. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf, or are unable to verify their identity.
Transferring PD From the European Union
(PD) that we collect from you may be stored, processed, and transferred between any of the countries in which we operate, specifically Australia. The European Union has not found the United States and some other countries to have an adequate level of protection of PD under Article 45 of the GDPR. Our company relies on derogations for specific situations as defined in Article 49 of the GDPR. For European Union customers and users, with your consent, your PD may be transferred outside the European Union to the United States and or other countries. We will use your PD to provide the goods, services, and/or information you request from us to perform a contract with you or to satisfy a legitimate interest of our company in a manner that does not outweigh your freedoms and rights. Wherever we transfer, process or store your PD, we will take reasonable steps to protect it. We will use the information we collect from you in accordance with our privacy notice. By using our website, services, or products, you agree to the transfers of your PD described within this section.
We reserve the right to change this privacy notice at any time. If our company decides to change this privacy notice, we will post those changes on our website so that our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your PD in a method different from that specified at the time it was collected, we will provide advance notice by email (sent to the email address on file in your account). Otherwise we will use and disclose our users’ and customers’ PD in agreement with the privacy notice in effect when the information was collected. In all cases, your continued use of our website, services, and products after any change to this privacy notice will constitute your acceptance of such change.
Questions About Our Privacy notice
If you have any questions about our privacy notice, please contact us using the information at the top of this privacy notice.
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