Last updated: October 2024

This Privacy and Intellectual Property (IP) Policy ("Policy") outlines the commitment of Market Partner Media Pty Ltd. (the "Supplier," "we," "our," or "us") to the privacy, intellectual property rights, and security of our clients ("Clients" or "you") and our agency. By accessing or using our website, www.marketpartner.com.au (the "Site"), or engaging in any agreements for our services, you confirm that you have read, understood, and agree to the terms outlined here. If you have any questions, please contact us using the information provided at the end of this Policy.

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Terms and Definitions

"Agreement": Refers to this Policy and any additional agreements made in writing between Market Partner Media Pty Ltd. and the Client, including but not limited to Proposals, Statements of Work, and Service Agreements.

"Intellectual Property (IP)": Refers to all creative works, strategies, content, designs, and deliverables, whether or not ultimately chosen by the Client, created by Market Partner Media Pty Ltd. The ownership of these materials remains exclusively with us unless otherwise specified in a separate written agreement.

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"Selected Version": The final, approved version of a creative work chosen by the Client, for which IP rights transfer solely upon full payment, as detailed herein.

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"Personal Information": Information collected from Clients or Site users, including name, contact details, preferences, Site usage, and other information relevant to the services provided.

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"Services": Specific services provided by Market Partner Media Pty Ltd., including but not limited to branding, advertising campaigns, digital marketing, social media management, website design, and SEO.

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1. Personal Information Collection and Use

We collect personal information to improve our services, analyse trends, and manage our client relationships. This includes but is not limited to contact details, preferences, and data collected via tracking technologies (e.g., cookies and pixels). The data may be shared with third-party tools such as Google Analytics, Meta products (Facebook, Instagram), and other industry-standard platforms to help us optimize our services.

 

Purpose of Collection

Your personal information is collected and used to:

Facilitate customer service and communication;

Optimize ad campaigns and improve service offerings;

Tailor your experience on our Site and digital platforms;

Conduct analytical research and improve Site performance;

Provide relevant advertising content via third-party services (e.g., Google, Meta);

Comply with legal, regulatory, and audit requirements.

 

Tracking and Cookies

Market Partner Media Pty Ltd. uses tracking technologies like cookies, Meta pixels, and Google Analytics on our Site and marketing platforms. You can control cookie usage through your browser settings, but disabling cookies may affect the performance and accessibility of certain Site features.

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2. Disclosure of Personal Information

We may disclose personal information to third-party service providers, including but not limited to:

Google Products (e.g., Google Analytics, Google Ads, Google Tag Manager) for analysing user behaviour, tracking conversions, and measuring campaign performance;

Meta Products (e.g., Facebook, Instagram, WhatsApp) for ad targeting, audience insights, and other marketing optimizations;

Payment processing and email marketing providers, ensuring they adhere to Australian privacy regulations;

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Legal, regulatory, or audit bodies as required by law.

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Market Partner Media Pty Ltd. takes all reasonable steps to ensure these third-party service providers comply with privacy and security standards that align with Australian regulations.

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3. Intellectual Property (IP) Ownership and Rights

Market Partner Media Pty Ltd. retains ownership over all preliminary concepts, strategies, creative content, and designs created as part of any service agreement unless otherwise agreed upon in writing.

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Exclusive Rights to Selected Version

Upon full payment, the Client is granted exclusive rights to use the final Selected Version (the approved deliverable). The IP rights to all unselected, draft, or preliminary versions remain exclusively with Market Partner Media Pty Ltd.

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Restrictions on IP Use

Clients may not copy, distribute, reproduce, or otherwise utilize unselected drafts or alternative versions of concepts presented. Unauthorized use of unselected work or concepts constitutes a violation of this Policy and may result in legal action.

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Meta and Google Content Policies Compliance

Our deliverables align with the policies of Meta and Google platforms, including community standards and content guidelines. Market Partner Media Pty Ltd.is not responsible for any delays or restrictions resulting from Meta or Google suspensions, rejections, or policy changes impacting ad campaigns or platform content.

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Licensing of Stock Content and Materials

Any stock images, fonts, or third-party materials used in our work are licensed by Market Partner Media Pty Ltd. for use solely within the approved deliverables. Reuse of licensed content beyond the project scope requires additional licensing arrangements by the Client.

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4. Payment Terms and Conditions

Fees and Payment Terms

Fees are outlined in the Proposal or Agreement and are payable according to the agreed schedule. Failure to pay within seven (7) days of the due date may incur additional fees, and Market Partner Media Pty Ltd. reserves the right to engage debt recovery services if necessary.

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Revision and Out-of-Scope Fees

Clients are entitled to one (1) revision for landing pages or two (2) revisions for websites as part of the original Proposal. Requests for additional revisions or out-of-scope changes are subject to additional fees.

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5. Security and Retention of Personal Information

Data Security

Market Partner Media Pty Ltd. uses industry-standard measures to protect personal information. However, no data transmission over the internet can be guaranteed as fully secure. By engaging our services, you acknowledge and accept the associated risks.

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Data Retention

We retain personal data only as long as necessary for the purposes outlined or as required by law. When data is no longer required, it is securely deleted.

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6. Client Responsibilities and Obligations

Access and Compliance

The Client must grant Market Partner Media Pty Ltd. full access to platforms such as Google Ads, Google Analytics, Facebook Business Manager, and any other accounts necessary to perform the services. The Client is responsible for maintaining compliance with the terms of use for these platforms.

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Non-Disparagement

The Client agrees not to disparage or publicly criticize Market Partner Media Pty Ltd., its employees, or its work on social media, forums, or review sites. Failure to adhere to this clause may constitute a breach of contract.

 

7. Confidentiality

All information shared between Market Partner Media Pty Ltd. and the Client is considered confidential unless explicitly noted otherwise. Neither party may disclose Confidential Information except where:

Required by law;

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Necessary to perform obligations under this Agreement.

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Disclosure to Authorized Personnel

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Both parties may disclose Confidential Information to authorized employees or advisors as required, provided they agree to confidentiality obligations.

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8. Disclaimers and Limitation of Liability

Platform Compliance and Performance

Market Partner Media Pty Ltd. works diligently to ensure ad compliance and optimal performance on platforms such as Google, Meta, and other marketing channels. However, we cannot guarantee uninterrupted access, platform approval, or campaign success due to factors outside our control, including platform algorithm changes, policy updates, or service outages.

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Liability for Third-Party Services

We use third-party platforms to fulfill services (e.g., Meta, Google). Market Partner Media Pty Ltd. is not liable for losses or disruptions arising from third-party service interruptions, technical issues, or changes in their policies.

 

General Limitation of Liability

To the maximum extent permitted by law, Market Partner Media Pty Ltd. excludes all liability for any loss or damage arising from Services, including data loss, business interruption, or incidental damages.

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9. Indemnification

The Client agrees to indemnify Market Partner Media Pty Ltd. against any claims, damages, or losses, including legal fees, arising from:

Use of the Services in a manner contrary to this Agreement or applicable law;

Misuse of any third-party platforms, including but not limited to Google or Meta;

Publication or use of content supplied by the Client that infringes any third-party rights.

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10. Breach and Termination

Market Partner Media Pty Ltd. may terminate this Agreement upon:

Non-payment of fees within fourteen (14) days;

Violation of any term of this Agreement, including unauthorized use of IP;

Failure to provide platform access necessary for fulfilling services.

The Client remains liable for all fees and costs up to the date of termination, regardless of the reason for termination.

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11. Notices and Communications

Notice Delivery Methods

Notices under this Policy are provided by hand, registered post, or email and are considered delivered as follows:

Hand: Next business day;

Registered post: Five (5) business days post-sending;

Email: Next business day post-sending.

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12. Miscellaneous

Force Majeure

Neither party is liable for delays due to circumstances beyond reasonable control, including acts of God, natural disasters, strikes, platform outages, or regulatory changes.

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Entire Agreement

This Policy, along with any attached Agreements, represents the entire agreement between the parties regarding Services. Amendments must be in writing and signed by both parties.

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Governing Law

This Policy is governed by the laws of Queensland, Australia. Disputes shall be subject to the jurisdiction of Queensland courts.

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Contact Us

For any inquiries, please contact:

Market Partner Media Pty Ltd.
Email: admin@marketpartner.com.au

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Thank you for trusting Market Partner Media Pty Ltd. We are committed to ensuring transparency, compliance, and security across all services provided.