Terms of Use

Last Updated: 15 October 2022

Terms of Use

The following are the terms of a legal agreement between you and Smallize Pty Ltd, also known as Smallize, which maintains this website and its subsidiaries. By accessing, browsing, and/or using this website or its subsidiaries, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this website.

Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Smallize may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.

The security procedures and measures Smallize uses are publicly available at security practices, which is incorporated herein by reference and may be updated from time to time. Regarding the protection of user data, Smallize will maintain administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of User Data as described in the security policy above. These safeguards will include, but are not limited to, measures for preventing access, use, modification, or disclosure of User Data by Smallize personnel except (a) to provide the Service and address service or technical problems, (b) as required by law, or (c) as a User or User expressly permits in writing.

The Services are performed using equipment or facilities located in the United States. Smallize’s US service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission). This provides legal grounds for assuring that when processed in the United States, the personal data of EU citizens processed by Smallize customers when using the Service will receive an adequate level of protection as defined by Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation).

By agreeing to these Terms, the User grants Smallize a general authorization within the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purpose of providing the Service. The list of processors Smallize uses is publicly available at subprocessors. Smallize will inform the User of changes in such processors in accordance with the procedure for modifying these Terms as stipulated in this agreement.

For the purposes of Article 28 of Regulation (EU) 2016/679, these Terms constitute the data processing contract between the User (data subject) and Smallize as both the data controller and the data processor (Smallize is the data processor where the User makes use of a Metered License). The User hereby instructs Smallize to control and process the data as described in these Terms.

Subject matter and nature of processing: Smallize provides a Service whereby to access the User must sign up for an account which involves supplying personal information. Smallize collects and uses customer information to send newsletters, keep purchase records, and retain forum posts. With a Metered license, Smallize also acts as the processor of usage data.

Duration: Smallize will collect data on behalf of the User until the termination of the User’s account. Upon termination, Smallize will store the User’s data for 7 days, should the User wish to reopen the account to resume use of Smallize’s Service or to export data, unless instructed otherwise by the User. Smallize deletes or returns all personal data to the User after the end of the provision of services relating to processing and deletes existing copies unless Union or Member State law requires storage of the personal data.

Parties’ rights and obligations: The User’s rights and obligations regarding User Data are provided in these Terms. Smallize ensures that persons authorized to process personal data have committed to confidentiality or are under an appropriate statutory obligation of confidentiality. Smallize takes all measures required pursuant to Article 32 of Regulation (EU) 2016/679 and undertakes to make available to the controller all information necessary to demonstrate compliance with their obligations and to allow for and contribute to audits, including inspections, conducted or mandated by the User.

Unlawful Client Data: Smallize is not obliged to pre-screen, monitor, or filter any User Data or acts of its processing by the User to discover any unlawful nature therein. However, if such unlawful User Data or its unlawful processing is discovered or brought to Smallize’s attention, or if there is reason to believe that certain User Data is unlawful, Smallize has the right to:

notify the User of such unlawful User Data;
deny its publication on the website or its insertion into the System;
demand that the User bring the unlawful User Data into compliance with these Terms and applicable law;
temporarily or permanently remove the unlawful User Data from the website or Account, restrict access to it, or delete it.

If Smallize is presented with convincing evidence that the User Data is not unlawful, we may, at our sole discretion, restore such User Data that was removed from the website or Account or access to which was restricted.

Additionally, if Smallize believes in its sole discretion that User Data violates applicable laws, rules, or regulations or these Terms, Smallize may (but is not obligated to) remove such User Data at any time with or without notice. Without limiting the generality of the preceding sentence, Smallize complies with the Digital Millennium Copyright Act and will remove User Data from the Platform upon receipt of a compliant takedown notice.

Smallize, as the data controller and data processor, will assist the User as the data subject in meeting the User’s obligations under Regulation (EU) 2016/679, providing subject access, and allowing data subjects to exercise their rights under Regulation (EU) 2016/679.

Smallize assumes no responsibility regarding the accuracy of the information provided by Smallize, and the use of such information is at the recipient’s own risk. Smallize provides no assurances that any reported problems may be resolved with the use of any information that Smallize provides.

By sending Smallize any information or material, you agree that Smallize and its affiliates may collect and use technical information, excluding any confidential information, gathered as part of the product support services provided to you. Smallize may use this information solely to improve our products or to provide customized services or technologies to you. No information is collected by the product; technical information must be provided to Smallize by you through the support process. Please review our Privacy Policy for more details.

Smallize makes no representations whatsoever about any other website you may access through this one. When you access a non-Smallize website, even one that may contain the Smallize logo, please understand that it is independent from Smallize and that Smallize has no control over the content on that website. In addition, a link to a non-Smallize website does not mean that Smallize endorses or accepts any responsibility for the content or use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

IN NO EVENT WILL SMALLIZE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL INFORMATION IS PROVIDED BY SMALLIZE ON AN “AS IS” BASIS ONLY. SMALLIZE PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT.

Smallize may at any time revise these terms by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.