TERMS & CONDITIONS - ACCEPTABLE USE POLICY
Last Updated: January 20th, 2025
All access to and use of the Shakewell Service is subject to this Acceptable Use Policy (“AUP”) and Terms of Subscription Service. This AUP is incorporated by reference into, and governed by, the Terms of Subscription Service or other similar written agreement between you (“Customer”) and Shakewell, Inc. (the “Agreement”). Capitalised terms used herein but not defined have the meanings stated in the Agreement.
FAILURE TO ADHERE TO THIS ACCEPTABLE USE POLICY COULD RESULT IN YOUR ACCOUNT BEING DELETED.
Shakewell may modify this AUP prospectively at any time by posting the revised version on the Shakewell website at https://www.shakewell.agency/terms-and-conditions/. Customer’s continued use of the Service will be considered acceptance of any such modification. All modifications to this AUP will be effective immediately upon posting, unless otherwise noted by Shakewell.
Use of Service
Customer agrees not to, and will not allow Account Users to, access and use the Service:
Notifications Using the Service
Customer agrees to, and will ensure Account Users will, follow these requirements when sending Notifications using the Service:
Shakewell does not monitor the communications of its customers to ensure that they comply with this AUP, Messaging Compliance Rules, or Applicable Law. Shakewell has no responsibility for any information created, uploaded, stored, maintained, transmitted, or accessible on or through the Service or infrastructure used for the Service, and is not obligated to monitor or exercise any editorial control over such information. If Shakewell becomes aware that any such information or use of the Service may violate this AUP, Messaging Compliance Rules, Applicable Law and/or expose Shakewell to civil or criminal liability, Shakewell reserves the right to investigate such information or use, block access to such information, and/or suspend or terminate any Service without liability. Shakewell further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP or Applicable Law, including disclosing the identity of any Customer that Shakewell believes is responsible for such violation. Shakewell also reserves the right to implement technical mechanisms, including, without limitation, null-routing any IP address/subnet that is under a DoS or DDoS attack that is deemed disruptive to the Service, to prevent AUP violations.
Prohibited Products and Services
You must comply with the Shakewell policies on prohibited products and services. These restrictions apply regardless of whether the prohibited products or services form Your entire inventory or only a part of it. A non-exhaustive list of prohibited products and services includes the following:
Sensitive Data
Shakewell prohibits processing sensitive data without explicit permission. Sensitive data includes:
Passes processing sensitive data may be subject to additional privacy controls during onboarding.
Complaints
Any complaints about a customer’s violation of this AUP should be sent to support@shakewell.agency.
1. Using The Shakewell Website
Shakewell values the privacy of your data. The data will remain sovereign in our data centres in Sydney Australia unless specified otherwise contractually. We will not disclose the data to any external marketing or 3rd party services. Your contact details are only used to create your Digital Card for the Apple Wallet / Google Pay services and will only exist within the Shakewell ecosystem.
Our sensitive information and PII systems are segregated or isolated from other general-purpose systems. Access to sensitive and PII information systems only occurs on a “Need to Know” basis.
To ensure that PII and sensitive information is not transmitted to un-authorized users all PII and sensitive data transmitted must be encrypted at rest and in transit.
In the event that sensitive data or PII is not encrypted, client information will be de-identified either via the use of encryption, pseudonymisation or obscuration.
2. Personal Identifiable Information (PII)
Information that can be used to identify an individual, by itself or in combination with other personally identifying information belonging to the specific individual.
3. Sensitive information
Is defined in the Privacy Act to mean information or an opinion about an individual’s:
health information
racial or ethnic origin;
political opinions;
membership of a political association;
religious beliefs or affiliations;
philosophical beliefs;
membership of a professional or trade association;
membership of a trade union;
sexual preferences or practices; or
criminal record.
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
4. Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
5. Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Last reviewed: August 8th, 2024
All access to and use of the Shakewell Service is subject to this Acceptable Use Policy (“AUP”) and Terms of Subscription Service. This AUP is incorporated by reference into, and governed by, the Terms of Subscription Service or other similar written agreement between you (“Customer”) and Shakewell, Inc. (the “Agreement”). Capitalised terms used herein but not defined have the meanings stated in the Agreement.
FAILURE TO ADHERE TO THIS ACCEPTABLE USE POLICY COULD RESULT IN YOUR ACCOUNT BEING DELETED.
Shakewell may modify this AUP prospectively at any time by posting the revised version on the Shakewell website at https://www.shakewell.agency/terms-and-conditions/. Customer’s continued use of the Service will be considered acceptance of any such modification. All modifications to this AUP will be effective immediately upon posting, unless otherwise noted by Shakewell.
Use of Service
Customer agrees not to, and will not allow Account Users to, access and use the Service:
- To violate, or encourage the violation of, the legal rights of others or Applicable Law, including without limitation, laws, regulations, policies, and directives relating to intellectual property, privacy, security, electronic communications, advertising, terrorism, corruption, child protection, and import/export laws;
- To engage in, promote, or encourage illegal or fraudulent activity;
- For any unlawful, invasive, infringing, defamatory, or fraudulent purpose;
- To transmit any material that contains viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
- In any way that unreasonably interferes with or adversely affects (a) the Service or infrastructure used for the Service, (b) other Shakewell customers, or (c) third-party applications, devices, systems, or networks that link to or interoperate with the Service;
- To disable, interfere with, or circumvent any aspect of the Service;
- To access or use the Service for purposes of load-testing, performance measurement, or other similar activities;
- To engage in activities, or upload, process, submit, transmit, display, distribute, or store any information, that (a) may be considered libelous, slanderous, defamatory, threatening, sexually explicit, profane, obscene, pornographic, offensive, abusive, malicious, or otherwise harmful to any person or entity; constitutes or promotes “hate speech” or is otherwise discriminatory based on race, sex, creed, religion, nationality, disability, sexual orientation, gender identity, language, or age, or (b) is fraudulent, deceptive, inaccurate, or misleading;
- To engage in any unsolicited advertising, marketing, or other activities prohibited by Applicable Law covering anti-spam, data protection, or privacy legislation in any applicable jurisdiction;
- To access illegally, or without authorization, computers, accounts, or networks belonging to Shakewell or a third party, or attempt to penetrate security measures (often known as “hacking”), or to engage in any activity that is used as a precursor to an attempted system penetration (i.e., port scan, stealth scan, or other information-gathering activity).
Notifications Using the Service
Customer agrees to, and will ensure Account Users will, follow these requirements when sending Notifications using the Service:
- Use only permission-based lists and send Notifications to end-users only on a lawful basis;
- If legally required based on the type of Notification, include “unsubscribe” or “opt-out” mechanisms in each Notification that allows the recipient to opt-out from receiving further Notifications;
- Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not Customer’s organization controls the sending of the Notifications;
- If legally required based on the type of Notification, include a link to Customer’s then-current privacy policy either in the Notification or on the Pass;
- Do not send Notifications that result in an unacceptable number of spam or similar complaints (even if the Notifications themselves are not actually spam);
- Do not use the Service to generate, send, distribute, publish, or facilitate spam, junk messages, or unsolicited messages, promotions, or advertisements.
Shakewell does not monitor the communications of its customers to ensure that they comply with this AUP, Messaging Compliance Rules, or Applicable Law. Shakewell has no responsibility for any information created, uploaded, stored, maintained, transmitted, or accessible on or through the Service or infrastructure used for the Service, and is not obligated to monitor or exercise any editorial control over such information. If Shakewell becomes aware that any such information or use of the Service may violate this AUP, Messaging Compliance Rules, Applicable Law and/or expose Shakewell to civil or criminal liability, Shakewell reserves the right to investigate such information or use, block access to such information, and/or suspend or terminate any Service without liability. Shakewell further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP or Applicable Law, including disclosing the identity of any Customer that Shakewell believes is responsible for such violation. Shakewell also reserves the right to implement technical mechanisms, including, without limitation, null-routing any IP address/subnet that is under a DoS or DDoS attack that is deemed disruptive to the Service, to prevent AUP violations.
Prohibited Products and Services
You must comply with the Shakewell policies on prohibited products and services. These restrictions apply regardless of whether the prohibited products or services form Your entire inventory or only a part of it. A non-exhaustive list of prohibited products and services includes the following:
- Adult Products and Services: Shakewell does not allow the use of the Shakewell service for pornography and other sexually explicit material. This includes, but is not limited to, prostitution, escort or companionship services, or any product or service that promotes underage, non-consensual, or other illegal sexual themes.
- Child Endangerment: Shakewell does not allow the use of the Shakewell services for any transactions related to products, services, or content that sexualizes minors or appeals to children but contains adult themes. Shakewell will report any transactions related to child sexual abuse imagery to the appropriate authorities.
- Counterfeit, Illegal, or Stolen Products and Services: Shakewell prohibits the use of the Shakewell service for transactions of illegal products or services, products produced in violation of a third party’s rights, or counterfeit goods.
- Copyrighted Material: Shakewell prohibits the use of the Shakewell service for the sale of unauthorized copyrighted material.
- Dangerous/Violent Goods: Shakewell prohibits the use of the Shakewell service for any transactions involving products that may cause damage, harm, or injury (e.g., guns and other weapons, explosives, ammunition).
- Enabling Dishonest Behavior: Shakewell prohibits the use of the Shakewell service to sell products or services that promote dishonest behavior, including academic cheating services, hacking materials, and devices to circumvent traffic rules.
- Financial Services: Shakewell does not allow the use of the Shakewell service for unlicensed financial products or services.
- Gambling: Shakewell does not allow the use of the Shakewell service for any gambling services aimed at underage individuals or individuals forbidden from gambling by local laws.
- Fund Solicitation: Shakewell does not allow the use of the Shakewell service for unlawful or illegitimate fundraising activities.
- Healthcare: Shakewell prohibits the provision of healthcare content and services without proper licensing.
- Hateful Content: Shakewell prohibits transactions of products and services that promote violence or incite hatred.
- Tobacco: Shakewell prohibits the transaction or sale of cigars, cigarettes, e-cigarettes, and other tobacco products.
- Terrorist Organizations: Shakewell prohibits the use of its services by terrorist organizations or for content related to terrorism.
Sensitive Data
Shakewell prohibits processing sensitive data without explicit permission. Sensitive data includes:
- Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership;
- Genetic or Biometric data for identifying a natural person;
- Data concerning health or concerning a natural person’s sex life or sexual orientation;
- Data subject to legal regulation in the Company’s country of origin.
Passes processing sensitive data may be subject to additional privacy controls during onboarding.
Complaints
Any complaints about a customer’s violation of this AUP should be sent to support@shakewell.agency.
1. Using The Shakewell Website
Shakewell values the privacy of your data. The data will remain sovereign in our data centres in Sydney Australia unless specified otherwise contractually. We will not disclose the data to any external marketing or 3rd party services. Your contact details are only used to create your Digital Card for the Apple Wallet / Google Pay services and will only exist within the Shakewell ecosystem.
Our sensitive information and PII systems are segregated or isolated from other general-purpose systems. Access to sensitive and PII information systems only occurs on a “Need to Know” basis.
To ensure that PII and sensitive information is not transmitted to un-authorized users all PII and sensitive data transmitted must be encrypted at rest and in transit.
In the event that sensitive data or PII is not encrypted, client information will be de-identified either via the use of encryption, pseudonymisation or obscuration.
2. Personal Identifiable Information (PII)
Information that can be used to identify an individual, by itself or in combination with other personally identifying information belonging to the specific individual.
3. Sensitive information
Is defined in the Privacy Act to mean information or an opinion about an individual’s:
health information
racial or ethnic origin;
political opinions;
membership of a political association;
religious beliefs or affiliations;
philosophical beliefs;
membership of a professional or trade association;
membership of a trade union;
sexual preferences or practices; or
criminal record.
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
4. Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
5. Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Last reviewed: August 8th, 2024