Program Application


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    Conversion action Online purchase with processed valid payment
    Cookie days 30 day(s)
    Commission type Percent of Sale
    Base commission 20.00%
    Additional terms Customers using your provided unique code will qualify as a successful sale by you. This code does not expire and all sales made with it (excluding subscription renewals) will be eligible. This code cannot be combined with other deals or codes, so ensure your community priorities its use to support your organisation. Payment will be made at the beginning of each month to your nominated account.
    Terms & Conditions

    Payments are made at the end of each month. Payment is typically made via bank transfer or Paypal, if you have another preferred method we can arrange this with you after finishing signing up.

    There is no lock-in contract time or minimum sales expectations. Partners are welcome to leave the program at any time, and resume their partnership at any time should their account still be active. We encourage partners to conduct a regular low-pressure marketing approach throughout the year so that when it comes time for them to purchase creative building blocks they think of Bricktastics first.

    Upon acceptance to this program, we will provide you with access to your own dashboard, in it, you will find useful information such as resources for marketing and your discount codes. You can also manage your payment preferences.

    Bricktastics reserves the right to remove a partner at any time from its partner's program should we feel that a partner is not acting in good faith or aligned with the core values of the program.

    Partners agree that payments may not be correctly attributed if their purchasers do not use their unique code at checkout. It is the responsibility of partners to make sure purchases do not forget to do this, or have their purchasers inform bricktastics if this should occur.

    This program is still in its trial phase, and Bricktastics reserves the right to change or alter the commission structure at any time and will communicate this with you prior to making the change.

    Marketing Affiliate Program Agreement

    Last Modified: June 10, 2022

    PLEASE READ THIS MARKETING AFFILIATE PROGRAM AGREEMENT CAREFULLY.

    This is a contract between you (the “Affiliate”) and us (“Bricktastics”). It describes how we will work together and other aspects of our business relationship.

    The Marketing Affiliate Program Agreement applies to your participation in our Marketing Affiliate Program (the “Affiliate Program”).  These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.

    We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms we or the Affiliate Tool will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.

    Non-Exclusivity

    This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties in connection with the design, sale, installation, implementation and use of similar services and products of third parties.

    Affiliate Acceptance

    Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not.  Before we accept an application, we may want to review your application with you, so we may reach out to you for more information. We may require that you complete certain requirements or certification(s) before we accept your application. If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected.

    If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below.  Further, you will need to complete any enrollment criteria set out in the Program Policies Page, if applicable. Failure to complete any enrollment criteria within thirty (30) days of your acceptance will result in the immediate termination of this Agreement and you will no longer be able to participate in the Affiliate Program.

    Your acceptance and participation in this Affiliate Program does not mean that you will be accepted into any of our Bricktastics Partner Programs. In order to participate in these programs, you will need to apply in accordance with the relevant application procedure.

    You will comply with the terms and conditions of this Agreement at all times, including any applicable Program Policies.

    Customer Transactions 

    1. Affiliate Program Limits. Each accepted Affiliate Lead will expire according to the information provided in the Affiliate Tool (or if applicable, in the Program Policies) from the date the Affiliate Lead clicked on the Affiliate Link that was made available by you. We will pay you Commission as described in the Affiliate Tool (or if applicable, in the Program Policies) for each new Customer who completes an applicable Customer Transaction after clicking on an Affiliate Lead made available by you, provided that you remain eligible to receive Commission pursuant to the terms of this Agreement.  The start of the Customer’s subscription is determined by the date of the first purchase or sign up (as applicable) of the Subscription Service by the Customer and you will receive a Commission payment for that Customer Transaction only, regardless of any additional purchases made by that customer during their Subscription Service. For example, if the initial Customer Transaction is for some of our products, and there is a subsequent purchase by that same customer for additional products or services, Affiliate will receive Commission for the initial user purchase only. The Affiliate will not be entitled to receive Commission on any additional purchases of Bricktatics Products by that same Customer, unless you are provided with an affiliate code, and this code allows multiple uses by the same customer.
    2. Eligibility. To be eligible for Commission (i) an Affiliate Lead must be accepted and valid in accordance with the ‘Acceptance and Validity’ section, (ii) a Customer Transaction must have occurred, (iii)  a Customer must remain a customer during the locking period in the Affiliate Tool (or if applicable, in the Program Policies). You are not eligible to receive Commission or any other compensation from us based on transactions for Other Products or if: (i) such compensation is disallowed or limited by federal, state or local law or regulation in the United States or the laws or regulations of your jurisdiction; (ii) the applicable Customer objects to or prohibits such compensation or excludes such compensation from its payments to us or bricktastics Affiliates; (iii) the Customer has paid or will pay such commissions, referral fees, or other compensation directly to you, (iv) the Commission payment has been obtained by fraudulent means, misuse of the Affiliate Link, in violation of any Affiliate Program Policies that we make available to you, misuse of the Affiliate Tool or by any other means that we deem to breach the spirit of the Marketing Affiliate Program, or (v) the Customer participates in any of our partner programs, or other affiliate programs and is eligible to receive commission in relation to the Customer Transaction under any of these programs. If at any point you are eligible to receive a revenue share payment or commission under another Program at Bricktastics, that payment amount  will not change based on your participation in the Affiliate Program. For example, you will not be able to receive the Commission set out in this Agreement on any Partner Transaction that was completed whilst participating as a partner in the Solutions Partner Program (as defined in the SolutionsPartner Program Agreement). In competitive situations with other affiliates, we may elect to provide the Commission to the affiliate that we deem to be the most eligible for Commission, at our discretion. We may discontinue Commission payments should any of the eligibility criteria set forth in this subsection fail to be met at any time. 
    3. Acceptance and Validity. You will only be eligible for a Commission payment for any Customer Transactions that are derived from Affiliate Leads generated by the Affiliate Link that we make available to you and are accepted by Bricktastics. Notwithstanding the foregoing, we may choose not to accept an Affiliate Lead in our reasonable discretion. If an Affiliate Lead does not purchase our products within the time period described on the Affiliate Tool (or if applicable, in the Program Policies) of their first click on the Affiliate Link, you will not be eligible for a Commission payment, even if the Affiliate Lead decides to purchase after the time period has expired.  An Affiliate Lead is not considered valid if it’s first click on the Affiliate Link is after this Agreement has expired or terminated. Engagement with Prospects.  Once we have received the Affiliate Lead information, we may elect to engage with the prospect directly, regardless of whether or not the Affiliate Lead is valid. If an Affiliate Lead is not valid then we may choose to maintain it in our database and we may choose to engage with such Affiliate Lead. Any engagement between Bricktastics and an Affiliate Lead will be at Bricktastics discretion.
    4. Commission and Payment. In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement (generally completed through the Affiliate Tool); (ii) completed all steps necessary to create your account in the Affiliate Tool in accordance with our directions, (iii) have a valid and up-to-date payment method in the  Affiliate Tool with such account.
    5. Requirements for Payment; Forfeiture. Notwithstanding the foregoing or anything to the contrary in this Agreement, if any of the requirements set forth in section 4(a)(i-iv) remain outstanding for six (6) months immediately following the close of a Customer Transaction, then your right to receive Commission arising from any and all Customer Transactions with the associated Customer will be forever forfeited (each, a “Forfeited Transaction”). We will have no obligation to pay you Commission associated with a Forfeited Transaction. Once you comply with all of the requirements in section 5(a)(i-iv), then you will be eligible to receive Commission on Customer Transactions, as long as these Customer Transactions do not involve the same Customer associated with a Forfeited Transaction.
    6. Commission Payment. We or the Affiliate Tool will determine the currency in which we pay the Commission, as well as the applicable conversion rate. We will not pay more than one Commission payment or other similar referral fee on any given Customer Transaction (unless we choose to in our discretion).Taxes. You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us. Commission Amounts. We reserve the right to alter or change the Commission amount as per the Affiliate Tool. 

    Training and Support

    We may make available to you, without charge, various webinars and other resources made available as part of our Affiliate Program. If we make such resources available to you, you will encourage your sales representatives and/or other relevant personnel to participate in training and/or other certifications as we recommend and may make available to you from time-to-time. We may change or discontinue any or all parts of the Affiliate Program benefits or offerings at any time without notice.

    Trademarks

    You grant to us a nonexclusive, nontransferable, royalty-free right to use and display your trademarks, service marks and logos (“Affiliate Marks”) in connection with the Affiliate Program and this Agreement.

    During the term of this Agreement, in the event that we make our trademark available to you within the Affiliate Tool, you may use our trademark as long as you follow the usage requirements in this section.  You must: (i) only use the images of our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection with the Affiliate Program and this Agreement; and (iii) immediately comply if we request that you discontinue use.  You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor or approve of your services or products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.

    Proprietary Rights 

    1. We encourage all customers, affiliates and partners to comment on the Bricktastics Products, provide suggestions for improving them, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Bricktastics Products, without payment to you.
    2. Customer’s Proprietary Rights. As between you and Customer, Customer retains the right to access and use the Customer portal associated with Bricktastics Products. For the avoidance of doubt, Customer will own and retain all rights to the Customer Data.

    Confidentiality  

    As used herein, “Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party (“Receiving Party”), (i) whether orally or in writing, that is designated as confidential, and (ii) HubSpot customer and prospect information, whether or not otherwise designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party or (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party.  The Receiving Party shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses with its own confidential information, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party, and (iv) limit access to Confidential Information of the Disclosing Party to its employees, contractors and agents. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.

    Opt Out and Unsubscribing

    You will comply promptly with all opt out, unsubscribe, "do not call" and "do not send" requests.  For the duration of this Agreement, you will establish and maintain systems and procedures appropriate to effectuate all opt out, unsubscribe, "do not call" and "do not send" requests.

    Term and Termination

    1. Term. This Agreement will apply for as long as you participate in the Affiliate Program, until terminated.
    2. Termination Without Cause.  Both you and we may terminate this Agreement on fifteen (15) days written notice to the other party.
    3. Termination for Agreement Changes. If we update or replace the terms of this Agreement, you may terminate this Agreement on five (5) days written notice to us, provided that you send us written notice within ten (10) days after we send you notice of the change.
    4. Termination for Cause.  We may terminate this Agreement: (i) upon thirty (30) days’ notice to you of a material breach if such breach remains uncured at the expiration of such period, (ii) upon fifteen (15) days notice to you of non-payment of any amount due to us if such amount remains unpaid at the expiration of such period, (iii) immediately, if you become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors, (iv) immediately, if you breach the terms applicable to your subscription with us (if you have one), including if you default on your payment obligations to us or our affiliate, or (v) immediately, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
    5. Effects of Expiration/Termination.  Expiration of this Agreement, and termination of this Agreement: (i) without cause by us,(ii) by you with cause, (iii) by you according to the ‘Termination for Agreement Changes’ section, shall not affect our obligation to pay you a Commission, so long as the related payment by the Customer Transaction is recognized by us within thirty (30) days after the date of such termination or expiration and provided that in no event shall you be entitled to payment of Commission under this Agreement if you are eligible to receive a revenue share payment under the Solutions Partner Program Agreement. We will not pay you fees on Customer Transactions recognized by us after thirty (30) days after the date of such termination or expiration set out above.  Provided however, in the event of termination without cause by you, or for cause by us, our obligation to pay and your right to receive any Commission will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive Commission prior to the date of termination. Except as expressly set forth in this section, you are not eligible to receive a Commission payment after expiration or termination of this Agreement. Upon termination or expiration, you will discontinue all use of and delete the Affiliate Tool that we make available to you for your participation in the Affiliate Program. Upon termination or expiration, an Affiliate Lead is not considered valid, and we may choose to maintain it in our database and engage with such a prospect.
      Upon termination or expiration, you will immediately discontinue all use of our trademark and references to this Affiliate Program from your website(s) and other collateral. For the avoidance of doubt, termination or expiration of this Agreement shall not cause a Customer’s subscription agreement to be terminated.

    Affiliate Representations and Warranties

    You represent and warrant that: (i) you have all sufficient rights and permissions to participate in the Affiliate Program and to provision Bricktastics with Affiliate Lead’s for our use in sales and marketing efforts or as otherwise set forth in this Agreement, (ii) your participation in this Affiliate Program will not conflict with any of your existing agreements or arrangements; and (iii) you own or have sufficient rights to use and to grant to us our right to use the Affiliate Marks.

    You further represent and warrant that: (i) you will ensure that you are compliant with any trade or regulatory requirements that may apply to your participation in the Affiliate Program (for example, by clearly stating you are a Bricktastics Affiliate on any website(s) you own where you make an Affiliate Link available); (ii) you will accurately provide in the Affiliate Tool all websites and domains you own where you intend to use Affiliate Links to generate Affiliate Leads; (iii) you will not purchase ads that direct to your site(s) or through an Affiliate Link that could be considered as competing with Bricktastics own advertising, including, but not limited to, our branded keywords; (iv) you will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (v) you will not attempt to mask the referring URL information; (vi) you will not use your own Affiliate Link to purchase Bricktastics products for yourself; and (vii) you will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames), or offering incentives to encourage purchases or signups.  

    Indemnification

    You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of the Affiliate Tool, or (e) our use of the Affiliate Marks. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

    Disclaimers; Limitations of Liability

    1. Disclaimer of Warranties. WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE Bri PRODUCTS, HUBSPOT CONTENT, THE AFFILIATE PROGRAM OR THE AFFILIATE TOOL FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) AND THE AFFILIATE TOOL MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE HUBSPOT PRODUCTS AND AFFILIATE TOOL ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE HUBSPOT PRODUCTS AND THE AFFILIATE TOOL INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
    2. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
    3. Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION AMOUNTS YOU HAVE ACTUALLY EARNED FOR THE RELATED CUSTOMER TRANSACTIONS IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
    4. Affiliate Tool. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THE AFFILIATE TOOL THAT YOU USE.  WE DO NOT PROMISE TO MAKE THE AFFILIATE TOOL AVAILABLE TO YOU, AND WE MAY CHOOSE TO DO SO, OR NOT TO DO SO, IN OUR DISCRETION.
    5. Cookie Duration. COOKIES USED AS PART OF THE AFFILIATE TOOL HAVE A SET DURATION. IF A POTENTIAL CUSTOMER CLEARS THEIR COOKIES DURING THIS PERIOD, BRICKTASTICS SHALL NOT BE LIABLE FOR ANY COMMISSIONS THAT MAY HAVE BEEN OWED TO YOU.

    General

    1. Amendment; No Waiver. We may update and change any part or all of this Agreement, including by replacing it in its entirety. If we update or change this Agreement, the updated Agreement will be made available to you via the Affiliate Tool and/or by email. The updated Agreement will become effective and binding on the next business day after we or the Affiliate Tool have notified you. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version at https://legal.hubspot.com/marketing-affiliate-program-agreement. We encourage you to review this Agreement periodically.  If you don’t agree to the update, change or replacement, you can choose to terminate as we describe above. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
    2. Applicable Law. This Agreement shall be governed by the laws of the Australian Government, without regard to the conflict of laws provisions thereof.
    3. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
    4. Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
    5. Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
    6. Compliance with Applicable Laws.  You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply, with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the Bricktastics Products. 
    7. Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
    8. We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.
    9. Entire Agreement. This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of the Bricktastics Products or dependent on any oral or written public comments made by us regarding future functionality or features of the Bricktastics Products. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.
    10. Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
    11. No Third Party Beneficiaries.  Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
    12. Program Policies Page. We may change the Program Policies from time to time. Your participation in the Affiliate Program is subject to the Program Policies, which are incorporated herein by reference
    13. No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the Bricktastics Products, our trademarks, or any other property or right of ours.
    14. Sales by Bricktastics. This Agreement shall in no way limit our right to sell the Bricktastics Products, directly or indirectly, to any current or prospective customers.
    15. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
    16. Survival. The following sections shall survive the expiration or termination of this Agreement: ‘Commission and Payment’, ‘Proprietary Rights’, ‘Confidentiality’, ‘Effects of Termination/Expiration’, ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, ‘Non-Solicitation’ and ‘General’.

    Bricktastics – GDPR Data Processing Addendum (Affiliates)

    This Data Processing Addendum ("Addendum") sets out the terms that apply as between Bricktastics and Marketing Affiliate when processing EEA personal data in connection with the Marketing Affiliate Program.  This Addendum forms part of the Marketing Affiliate Program Agreement. Capitalized terms used in this Addendum shall have the meanings given to them in the Marketing Affiliate Program Agreement (the "Agreement") unless otherwise defined in this Addendum.  

    1. Definitions: (a) "controller," "processor," "data subject," and "processing" (and "process") shall have the meanings given to them in Applicable Data Protection Law; (b) "Applicable Data Protection Law" means any and all applicable privacy and data protection laws and regulations applicable to the Personal Data in question, including, where applicable, EU Data Protection Law (in each case, as may be amended, superseded or replaced from time to time); (c) "EU Data Protection Law" means: (i) the EU General Data Protection Regulation (Regulation 2016/679) ("GDPR"); and (ii) the EU e-Privacy Directive (Directive 2002/58/EC); and (iii) any national data protection laws made under or pursuant to clause (i) or (ii); and (d) "Personal Data" means any information relating to an identified or identifiable natural person to the extent that such information is protected as personal data under Applicable Data Protection Law.
    2. Purposes of processing.  The parties acknowledge that in connection with the Marketing Affiliate Program, each party may provide or make available to the other party Personal Data.  Each party shall process such data: (i) for the purposes described the Agreement; and/or (ii) as may otherwise be permitted under Applicable Data Protection Law.
    3. Relationship of the parties. Each party will process the copy of the Personal Data in its possession or control as an independent controller (not as a joint controller with the other party). For the avoidance of doubt and without prejudice to the foregoing, Bricktastics shall be an independent controller of any Personal Data that it receives or shares with Affiliate in connection with the Marketing Affiliate Program.
    4. Compliance with law. Each party shall separately comply with its obligations under Applicable Data Protection Law and this Addendum when processing Personal Data.  Neither party shall be responsible for the other party's compliance with Applicable Data Protection Law. In particular, each party shall be individually responsible for ensuring that its processing of the Personal Data is lawful, fair and transparent, and shall make available to data subjects a privacy statement that fulfils the requirements of Applicable Data Protection Law.
    5. International transfers.  Where Applicable Data Protection Law in the European Economic Area ("EEA"), and/or its member states, United Kingdom and/or Switzerland (collectively for the purposes of this Addendum, the "EU'), applies to the Personal Data ("EU Personal Data"), neither party shall process any EU Personal Data (nor permit any EU Personal Data to be processed) in a territory outside of the EU  unless it has taken such measures as are necessary to ensure the transfer is in compliance with Applicable Data Protection Law. To the extent a Marketing Affiliate transfers EU Personal Data to Bricktastics and Bricktastics is located in a territory outside the EU that does not provide adequate protection for Personal Data (as determined by Applicable Data Protection Law), Bricktastics agrees to abide by and process such EU Personal Data in accordance with the Standard Contractual Clauses for Controllers as approved by the European Commission and available at http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32004D0915 (as amended, superseded or updated from time to time) ("Model Clauses"), which are incorporated by reference in, and form an integral part of, this Addendum. Bricktastics agrees that it is a "data importer" and the Marketing Affiliate is the "data exporter" under the Model Clauses (notwithstanding that Bricktastics may be an entity located outside of the EEA).
    6. Security.  Each party shall implement and maintain all appropriate technical and organizational measures to protect any copies of the Personal Data in their possession or control from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorized disclosure or access (a "Security Incident") and to preserve the security and confidentiality of such Personal Data. Each party shall notify the other party without undue delay on becoming aware of any breach of EU Data Protection Law/Applicable Data Protection Law.

    Your privacy is important to us.
    It is Bricktastics ‘s policy to respect your privacy regarding any
    information we may collect from you across our website, http://bricktastics.com/, and other sites we own and operate.

    Bricktastic
    Plastic Pty Ltd (5046 154 4805) is an online store focusing on
    providing unique, and hard to find LEGO bricks and creativity packs. 

    We
    only ask for personal information when we truly need it to provide a
    service to you. We collect it by fair and lawful means. We also let you
    know why we’re collecting it and how it will be used as set out in the
    terms and conditions below.

    We
    only retain collected information for as long as necessary to provide
    you with your requested service. What data we store, we’ll protect
    within commercially acceptable means to prevent loss and theft, as well
    as unauthorized access, disclosure, copying, use or modification.

    We don’t share any personally identifying information publicly or with third-parties, except when required to by law.

    Our
    website may link to external sites that are not operated by us. Please
    be aware that we have no control over the content and practices of these
    sites, and cannot accept responsibility or liability for their
    respective privacy policies.

    You
    are free to refuse our request for your personal information, with the
    understanding that we may be unable to provide you with some of your
    desired services.

    Your
    continued use of our website will be regarded as acceptance of our
    practices around privacy and personal information. If you have any
    questions about how we handle user data and personal information, feel
    free to contact us.

    This policy is effective as of 15th January 2020.

    Terms and Conditions

    Welcome to Bricktastics !

    These terms and conditions outline the rules and regulations for the use of Bricktastics ‘s Website, located at
    https://bricktastics.com/.

    By
    accessing this website we assume you accept these terms and conditions.
    Do not continue to use bricktastics if you do not agree to take all of
    the terms and conditions stated on this page. Our Terms and Conditions
    were created with the help of the Terms And Conditions Generator.

    The
    following terminology applies to these Terms and Conditions, Privacy
    Statement and Disclaimer Notice and all Agreements: “Client”, “You” and
    “Your” refers to you, the person log on this website and compliant to
    the Company’s terms and conditions. “The Company”, “Ourselves”, “We”,
    “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”,
    refers to both the Client and ourselves. All terms refer to the offer,
    acceptance and consideration of payment necessary to undertake the
    process of our assistance to the Client in the most appropriate manner
    for the express purpose of meeting the Client’s needs in respect of
    provision of the Company’s stated services, in accordance with and
    subject to, prevailing law of Australia. Any use
    of the above terminology or other words in the singular, plural,
    capitalization and/or he/she or they, are taken as interchangeable and
    therefore as referring to same.

    Cookies

    We employ the use of cookies. By
    accessing Bricktastics, you agreed to use cookies in agreement with the
    Bricktastics ‘s Privacy Policy.

    Most
    interactive websites use cookies to let us retrieve the user’s details
    for each visit. Cookies are used by our website to enable the
    functionality of certain areas to make it easier for people visiting our
    website. Some of our affiliate/advertising partners may also use
    cookies.

    License

    Unless otherwise stated, Bricktastics Plastic Pty Ltd and/or its licensors own the intellectual property rights for all material on www.bricktastics.com/. All intellectual property rights are reserved. You may access this from Bricktastics for your own personal use subjected to restrictions set in these terms and conditions.

    You must not:

    • Republish material from Bricktastics
    • Sell, rent or sub-license material from bricktastics
    • Reproduce, duplicate or copy material from bricktastics
    • Redistribute content from bricktastics

    This Agreement shall begin on the date hereof.

    Parts
    of this website offer an opportunity for users to post and exchange
    opinions and information in certain areas of the website. Bricktastics
    does not filter, edit, publish or review Comments prior to their
    presence on the website. Comments do not reflect the views and opinions
    of Bricktastics ,its agents and/or affiliates. Comments reflect the
    views and opinions of the person who post their views and opinions. To
    the extent permitted by applicable laws, Bricktastics shall not be
    liable for the Comments or for any liability, damages or expenses caused
    and/or suffered as a result of any use of and/or posting of and/or
    appearance of the Comments on this website.

    Bricktastics
    reserves the right to monitor all Comments and to remove any Comments
    which can be considered inappropriate, offensive or causes that are in
    breach of these Terms and Conditions.

    You warrant and represent that:

    • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
    • The
      Comments do not invade any intellectual property rights, including
      without limitation copyright, patent or trademark of any third party;
    • The
      Comments do not contain any defamatory, libelous, offensive, indecent
      or otherwise unlawful material which is an invasion of privacy
    • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

    You hereby grant Bricktastic Plastic Pty Ltd
    a non-exclusive license to use, reproduce, edit and authorize others to
    use, reproduce and edit any of your Comments in any and all forms,
    formats or media.


    Communications and Use of personal information


    By Entering your information into this website, creating an
    account or making a purchase you consent to us using your personal
    information in order for us to truly provide a service to you. You
    personal information will be used in but not limited to the following
    ways.
    – To provide you with follow up communication to assist and provide after purchase customer care.
    – To request feedback and information about your experiences with us and our products and services.

    To inform you of our products and services, including deals, promotions
    and news about the Bricktastics. (You can opt out at any time)

    You
    are free to refuse our request for your personal information, with the
    understanding that we may be unable to provide you with some of your
    desired services.
    You can make this request by contacting us through our websites “contact us” page.


    Hyperlinking to our Content


    The following organizations may link to our Website without prior written approval:

    • Government agencies;
    • Search engines;
    • News organizations;
    • Online
      directory distributors may link to our Website in the same manner as
      they hyperlink to the Websites of other listed businesses; and
    • System
      wide Accredited Businesses except soliciting non-profit organizations,
      charity shopping malls, and charity fundraising groups which may not
      hyperlink to our Website.

    These
    organizations may link to our home page, to publications or to other
    Website information so long as the link: (a) is not in any way
    deceptive; (b) does not falsely imply sponsorship, endorsement or
    approval of the linking party and its products and/or services; and (c)
    fits within the context of the linking party’s site.

    We may consider and approve other link requests from the following types of organizations:

    • commonly-known consumer and/or business information sources;
    • dot.com community sites;
    • associations or other groups representing charities;
    • online directory distributors;
    • internet portals;
    • accounting, law and consulting firms; and
    • educational institutions and trade associations.

    We
    will approve link requests from these organizations if we decide that:
    (a) the link would not make us look unfavorably to ourselves or to our
    accredited businesses; (b) the organization does not have any negative
    records with us; (c) the benefit to us from the visibility of the
    hyperlink compensates the absence of Bricktastics ; and (d) the link is
    in the context of general resource information.

    These
    organizations may link to our home page so long as the link: (a) is not
    in any way deceptive; (b) does not falsely imply sponsorship,
    endorsement or approval of the linking party and its products or
    services; and (c) fits within the context of the linking party’s site.

    If
    you are one of the organizations listed in paragraph 2 above and are
    interested in linking to our website, you must inform us by sending an
    email to Bricktastic Plastic Pty Ltd.
    Please include your name, your organization name, contact information
    as well as the URL of your site, a list of any URLs from which you
    intend to link to our Website, and a list of the URLs on our site to
    which you would like to link. Wait 2-3 weeks for a response.

    Approved organizations may hyperlink to our Website as follows:

    • By use of our corporate name; or
    • By use of the uniform resource locator being linked to; or
    • By
      use of any other description of our Website being linked to that makes
      sense within the context and format of content on the linking party’s
      site.

    No use of Bricktastics ‘s logo or other artwork will be allowed for linking absent a trademark license agreement.


    Content Liability

    We shall not be held responsible
    for any content that appears on your Website. You agree to protect and
    defend us against all claims that is rising on your Website. No link(s)
    should appear on any Website that may be interpreted as libelous,
    obscene or criminal, or which infringes, otherwise violates, or
    advocates the infringement or other violation of, any third party
    rights.


    Your Privacy

    Please read Privacy Policy

    Reservation of Rights

    We reserve the right to request
    that you remove all links or any particular link to our Website. You
    approve to immediately remove all links to our Website upon request. We
    also reserve the right to amend these terms and conditions and it’s
    linking policy at any time. By continuously linking to our Website, you
    agree to be bound to and follow these linking terms and conditions.

    Removal of links from our website

    If you find any link on our
    Website that is offensive for any reason, you are free to contact and
    inform us at any moment. We will consider requests to remove links but
    we are not obligated to or so or to respond to you directly.

    We
    do not ensure that the information on this website is correct, we do
    not warrant its completeness or accuracy; nor do we promise to ensure
    that the website remains available or that the material on the website
    is kept up to date.

    Disclaimer

    To the maximum extent permitted
    by applicable law, we exclude all representations, warranties and
    conditions relating to our website and the use of this website. Nothing
    in this disclaimer will:

    • limit or exclude our or your liability for death or personal injury;
    • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
    • limit any of our or your liabilities in any way that is not permitted under applicable law; or
    • exclude any of our or your liabilities that may not be excluded under applicable law.

    The
    limitations and prohibitions of liability set in this Section and
    elsewhere in this disclaimer: (a) are subject to the preceding
    paragraph; and (b) govern all liabilities arising under the disclaimer,
    including liabilities arising in contract, in tort and for breach of
    statutory duty.

    As long as
    the website and the information and services on the website are provided
    free of charge, we will not be liable for any loss or damage of any
    nature.