Keyword Discovery - Terms and Guidelines



Pricing

Trellian and KeywordDiscovery reserves the right to make pricing change displayed on our website without notice. Existing customers will be given at least 30 days notice prior to any pricing changes taking effect. Already advance paid for in full subscription services will not be affected by pricing changes until the expiry of such subscription period.

During the 30 days notice period, existing customers have the ability and right to unsubscribe to services before the new pricing is set.

KeywordDiscovery is a subscription service. All new subscriptions are automatically renewed on the expiry date. You have the ability to unsubscribe or cancel the automatic renewal at any time. Cancellations need to be made at least 1 day before the current subscription expiry date to avoid automatic renewal of your subscription.


Changes and Modifications

Trellian and KeywordDiscovery reserves the right to make technical, interface and service changes without notice. Recourse available to you in cases of any modifications is to cancel the relevant service Agreement. Continued use of the site and/or service following changes and modifications will constitute your binding acceptance.


Service Levels and Access

We will use our best endeavours to make our website available at all times, but cannot guarantee it will operate without interruptions or be error free. We can not accept liability for any cases of its unavailability. In cases where service is unavailable for more than 30% of the time in any one calender month, the subscription prices will be waived for that particular month.

Access to the website is free to all. Access to password protected sections of the site is limited and can be accessed with a valid subscription only. A valid subscription is account based and is only valid per single user. Distribution or use of your subscription login details to others is strictly prohibited and will result in cancellation of your account with no recourse or refund.

Automated solutions, including tools, software applications and online systems used to perform automated queries can ONLY be performed via Keyword Discovery API.

We reserve the right to refuse any order placed by you.


Notices

Notices shall be in the form an email or an announcement post on the KeywordDiscovery.com forum.

By opening a Trellian account you agree to receive emails from Trellian related to the KeywordDiscovery service and other Trellian services. You have the ability to unsubscribe at anytime.


Termination

Termination for Cause. This Agreement may be terminated by one of the parties for cause immediately by providing notice upon the occurrence of any of the following events; (i) If the other ceases to do business, or otherwise terminates its business operations; or (ii) If the other shall fail to promptly secure or renew any license registration, permit, authorization or approval for the conduct of its business in the manner contemplated by this Agreement or if any such license, registration, permit, authorization or approval is revoked or suspended and not reinstated within thirty (30) days; or (iii) If the other breaches any material provision of this Agreement and fails to fully cure such breach within thirty (30) days (ten (10) days in the case of failure to pay) of written notice describing the breach; or (iv.) If the other becomes insolvent or seeks protection under any bankruptcy receivership trust deed, creditor's arrangement composition or comparable proceeding, or if any such proceeding is instituted against the other and not dismissed within thirty (30) days.

Termination for Convenience. You may terminate and cancel your service at any time with the discontinued use of this website.

For annual subscribers, based on the monthly rate, a prorated amount of the subscription prices will be refunded.


Warranty

The Keyword Discovery service relies on data sourced from a number of providers, including 3rd party providers. We obtain and update data on our site on a weekly basis. We also endeavor to provide quality data and apply quality filters as and when applicable, but as a general guide we believe that pure data can be more valuable and be more representative. We can not accept liability for any cases of data skews and/or quality levels.

We also warrant that Trellian and KeywordDiscovery will not violate any third party contractual obligations in relation to 3rd party data providers.


Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.

If for any reason we are held liable, our liability is limited to the amount paid by you for applicable service(s) concerned.


Force Majeure

Neither party shall be liable for the failure to perform any of its obligations under this Agreement, except for payment obligations, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw materials suppliers, failure of transport, accidents, riots, insurrections, acts of God or orders of governmental agencies.


Governing Law

This Agreement shall be governed by Australian Law and the State of Victoria shall have exclusive jurisdiction in connection herewith. Trellian and KeywordDiscovery will comply with all applicable laws under this jurisdiction.


Severability

If a court of law or other tribunal of competent jurisdiction finds any provision of this Agreement invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement as expressed herein.


Inconsistent terms

The parties agree that the terms and conditions of this Agreement shall prevail over any contrary or additional terms in any purchase order (unless agreed to in writing by both parties), sales acknowledgment, confirmation or any other document issued by either party.


Privacy

This Privacy Policy was published May 21, 2018.

At Trellian, we are committed as a data controller to protect and respect your privacy in compliance with EU- General Data Protection Regulation (GDPR) 2016/679, dated April 27th 2016. This Privacy Policy explains when and why we collect personal information, how we use it, the conditions under which we may disclose it to others and how we keep it secure. This Privacy Policy applies to the use of our products and services and to our sales, marketing and customer contract fulfilment activities.


When do we collect personal data about you?


  • When you visit our website.
  • When you register on our website and use our products and services.
  • When you interact with us in person, through correspondence, at events, by phone, or through our website.
  • We may collect personal data if it is considered to be of legitimate interest, and if this interest is not overridden by your privacy interests. Before data is collected we make sure an assessment is made, ensuring that there is an established mutual interest between you and Trellian.

Why do we collect and use personal data?

We collect and use personal data mainly to perform customer service, direct sales, and direct marketing.

We may use your information for the following purposes:

  • Send you marketing communications which you have requested. These may include information about our products and services, events, activities, and promotions. This communication is subscription based and requires your consent.
  • Send you news and information about the products and services that you are using.
  • Perform direct sales activities in cases where legitimate and mutual interest is established.
  • Follow-up on incoming requests (customer support, emails, chats, or phone calls).
  • Perform contractual obligations such as order confirmation, invoicing, payment reminders, and similar.
  • Notify you about any disruptions to our services (system messages).
  • Contact you to conduct surveys about your opinion on our products and services.

Our legal basis for collecting personal data

Collecting personal data based on consents
The collection of personal data based on consent from the data subject will be done by using “Consent Forms” that will store documentation related to the consent given by the individual. Individual consents will always be stored and documented in our systems.

Collecting personal data based on contracts
We use personal information for fulfilling our obligations related to contracts and agreements with customers and partners.

Collecting personal data based on legitimate interest
We may use personal data if it is considered to be of legitimate interest, and if the privacy interests of the data subjects do not override this interest. Normally, to establish the legal basis for data collection, an assessment has been made during which a mutual interest between Trellian and the individual person has been identified. This legal basis is primarily related to our sales and marketing purposes. We will always inform individuals about their privacy rights and the purpose for collecting personal data.


What type of personal data is collected?

If you are visiting our Site, we may collect and store the following information about you:

  • Your IP address and actions taken.
  • The IP address of the website from which you linked directly to our Site.
  • The date and time you access our Site.
  • The browser you used to access our Site.
  • The operating system you used to access our Site.

We use this information to help us make our Site more useful to visitors and clients.

We will not obtain any other personally identifying information about you when you visit our Site, unless you choose to provide such information to us.

If you use our online form to register to use our services, you will be required to provide us with your contact information and other personal information such as User ID, email address, and billing address. Depending on the services you use, you might also be required to provide your PayPal ID or credit card number, CCV and its expiration date in order to process your transactions.

Trellian does not collect or process any special categories of personal data, such as public unique identifiers or sensitive personal data.


How long do we keep your personal data?

We securely store personal data for as long as we find it necessary to fulfill the purpose for which the personal data was collected, while also considering our need to answer your queries or resolve possible problems, to comply with legal requirements under applicable laws, to attend to any legal claims/complaints, and for safeguarding purposes.

This means that we may retain your personal data for a reasonable period of time after your last interaction with us. When the personal data that we have collected is no longer required, we will delete it in a secure manner. We may process data for statistical purposes, but in such cases, data will be anonymized.


Rights to your personal data

You have the following rights with respect to your personal data:

  • The right to request a copy of your personal data that Trellian holds about you.
  • The right to request that Trellian corrects your personal data if inaccurate or out of date.
    • If you are a customer or partner and you have registered a profile on our website, you may update your user profile by logging in and clicking your username in upper right corner of the webpage.
  • The right to request that your personal data is deleted when it is no longer necessary for Trellian to retain such data, except data required for legal or accounting purposes.
  • The right to withdraw any consent to personal data processing at any time. For example, your consent to receive emailed product news and promotional marketing communications:
    • If you want to withdraw or modify your consent to receive various types of email news and marketing communications, please use the link included in the footer of our email to unsubscribe entirely or to change your email preferences.
    • Please note that you may still receive system messages and administrative communications from Trellian, such as order confirmations, system messages, and notifications about your account status and activities.
  • The right to request that Trellian provides you with your personal data and, if possible, to pass on some or all of this information directly (in an applicable format) to another data controller when the processing is based on consent or contract.
  • The right to request a restriction on further data processing, in case there is a dispute in relation to the accuracy or processing of your personal data.
  • The right to object to the processing of personal data, in case data processing has been based on legitimate interest and/or direct marketing.

Any questions about your Privacy Rights should be sent to privacy@trellian.com


The use of cookies and beacons

We use cookies and web beacons (‘Website Navigational Information’) to collect information as you navigate our website. Website Navigational Information includes standard information from your web browser, such as browser type and browser language; your Internet Protocol (“IP”) address; and the actions you take on our website, such as the web pages viewed and the links clicked.

This information is used to make our website work more efficiently, as well as to collect business, product and marketing information. Cookies and similar technologies help us tailor our website to your personal needs, as well as to detect and prevent security threats and abuse. If used alone, cookies and web beacons do not personally identify you.


Do we share your data with anyone?

We do not share, sell, rent, or trade your information with any third parties, except from what is described below:

Third-party Service Providers:
Trellian does not sell or provide to third parties any data derived from this service, aggregated or not that can be tied or linked to you personally or your account.

If required by law:
We will disclose your personal information if required by law or if we, as a company, reasonably believe that disclosure is necessary to protect our company’s rights and/or to comply with a judicial proceeding, court order or legal process. However, we will do what we can to ensure that your privacy rights continue to be protected.


Changes to this Privacy Policy

Trellian reserves the right to amend this Privacy Policy at any time. The applicable version will always be found on our website. We encourage you to check this Privacy Policy frequently to ensure you are aware of any changes.

If we make changes that significantly alter our privacy practices, we will notify you by email or post a notice on our website.


How to Contact Trellian

If you have any questions about the way your personal data is controlled and processed, please contact us.

Trellian Ltd
6-8 East Concourse
BEAUMARIS, VIC 3193
AUSTRALIA

Phone: + 61-3-9589-7946
Fax: + 61-3-9589-7951
Email: privacy@trellian.com