The last line in email security, protecting businesses using Microsoft Office 365.

Privacy Policy

STOP UNWANTED EMAIL THREATS

Protect your data, passwords, banking and other sensitive credentials that are the target of attacks by cybercriminals.

PHISHING

CEO FRAUD (BEC)

Stop targeted attacks impersonating C-level leaders and other people of influence within your organization.

RANSOMWARE

Malicious payloads can prevent access to systems and data, demanding ransom payments in return for decryption.

SPEAR PHISHING

Targeting key individuals, cybercriminals use social engineering to design fraudulent emails aimed at extracting sensitive information & funds.

1. About

MailGuard Pty Ltd ABN 89 096 696 874 (MailGuard, we, us or our) makes the MailGuard 365 Email Filtering service available for use by customers of Microsoft’s Office 365 product. Our Service (Service):

(a) utilizes AI (Artificial intelligence) threat detection engines, to predict, anticipate and learn about new and emerging threats via email;

(b) quarantines email spam, email malware, phishing emails and viruses contained in emails by placing it in spam/junk or trash folders; and

(c) allows you to customize account settings through the console we provide.

2. About this document

(a) This document sets out the terms and conditions (Terms) that apply to users of our Service. Your agreement with us is wholly contained in this document.

(b) By using the Service, you agree to be bound by these terms.

3. Approval

3.1 Use of our Service is subject to:

(a) your acceptance of these Terms; and

(b) your compliance with our Acceptable Use Policy and any other policy that we may introduce from time to time.

3.2 You warrant that all information you provide us in your application for approval is true and correct, and that where such information is no longer correct that you will notify us immediately in writing.

3.3 Once we approve your application you and your employees have a limited right to use our Service in accordance with these Terms.

3.4 You must not:

(a) attempt to use our Service without first receiving our written approval to do so; and

(b) provide access to any third party without our written approval.

4. Our relationship with you

4.1 You are an independent of us. Except in the case of anything to the contrary and to the extent set out in these Terms, you are not our employee or agent and have no authority to act on our behalf or to bind us. You must not allow any person to believe otherwise.

4.2 We are not responsible for the provision of Microsoft services, they are solely provided by Microsoft.

5. Subscription Fees

5.1 In consideration for your use of our Service you must pay us our then current subscription fee or in the case of purchases through the Microsoft Marketplace the fee set by Microsoft (‘Subscription Fee’).

5.2 Where you purchase our Service through the Microsoft Marketplace:

(a) Microsoft will act as our billing agent, and collect payments on our behalf;

(b) Microsoft will charge us a fee and remit the balance of the Subscription Fee – you acknowledge and agree to Microsoft receiving a commission for the sale of our Service.

(c) MailGuard 365 protects every mailbox in your organisation, so a license will be created for every mailbox and your organisation will be billed for every mailbox associated with the Microsoft tenant ID provided.

5.3 You acknowledge and consent to us paying commissions to any third parties that may recommend, refer or resell our Service to you.

5.4 We will not provide a pro-rata refund of Subscription Fees if Services are terminated for any reason unless:

(a) you are using a trial version, you are not entitled to use the Service if Subscription Fees are unpaid; or

(b) we are required to provide a refund by law.

5.5 Subscription Fees include GST and value-added consumption taxes.

6. Third Party Services

6.1 Our Service relies on third party services to operate such as:

(a) API in order to interact with the various computer systems; and

(b) third party verification and fraud protection tools;

(Third Party Services).

6.2 You acknowledge and agree that:

(a) where Third Party Services do not operate properly our Service may not function properly;

(b) where Third Party Services do not operate properly our Service may not operate in whole or in part;

(c) a failure in Third Party Services is not a failure in our Service; and

(d) we do not offer any service levels or give any warranties around the availability of our Service.

6.3 Where you acknowledge something, you agree that your use of our Service is subject to these acknowledgments.

7. Data

7.1 This clause 7 is subject to the terms of our Privacy Policy found here: https://www.mailguard.com.au/privacy.

7.2 You consent to our use of de-identified data in order to:

(a) improve our artificial intelligence or the operation of our services;

(b) use data to improve our business;

(c) share insights with our partners (including Microsoft) and other users of our services.

7.3 In order for our Service to function, third party services require:

(a) you to access it via the internet;

(b) all emails going to your Office 365 tenant will be sent to our filters and reside on our servers;

(c) certain information to be collected and stored within the services, this information may include personal information, and other sensitive information.

7.4 You acknowledge and agree that:

(a) access to the internet carries risks of having your devices, computers and network infected with viruses, trojans or other malware; and

(b) you should use security and anti-virus software to protect your devices, computers and networks that access the internet.

7.5 You consent to the collection, use, disclosure and storage of personal information, and sensitive information in order to use our Service including on the terms of our Privacy Policy and Collection Statement.

7.6 You consent to our use of personal information for marketing purposes. We will never sell your personal information, and sensitive information. You may opt out of receiving communications including those referred to in clause 7.6, from us at any time, however, we may not be able to provide our Service in some circumstances where you do.

7.7 You must ensure and warrant that you will not knowingly use our Service to send any:

(a) malware, adware, viruses, or Trojans; and

(b) other content or material which may be detrimental to us or users of our Service, or Microsoft.

8. Customer Data

8.1 Customer Data refers to all customer emails and the content of emails.

8.2 Subject to clause 8.3 and our privacy policy, when dealing with Customer Data:

(a) we will not view Customer Data; and

(b) we will not disclose Customer Data.

8.3 We may only view or disclose Customer Data:

(a) where we are compelled to do so by the law;

(b) where we are required to comply with an order of an Australian Court;

(c) to the extent require to maintain the operational safety and stability of our Service; and

(d) to the extent necessary to comply without obligations under these terms and to provide the Service.

9. Console

9.1 As part of our Service you will have access to a customer console which will allow you to adjust your account settings.

9.2 You must ensure that you only allow authorized personnel to alter settings, as alterations to settings in the console may impact the effectiveness of our Services.

9.3 Our Service has a default setting to send you various notifications including status changes.

9.4 We recommend that all notifications remained turned on, however, where you turn some notifications off it may impact the effectiveness of our Service.

10. API Access

10.1 In order for our Service to operate you must provide us with consent to access your Microsoft Office 365 tenant / account via an API..

11. Service Levels

11.1 We do not:

(a) offer any service level guarantees, but we will endeavor to ensure that our Service operates reliably; and

(b) warrant that our Service will not stop every virus, spam, trojan, phishing emails or other malware.

11.2 You acknowledge that viruses, trojans, spam, phishing emails and other malware are often fast developing and are often unknown to security software – this is not a defect in our Service.

12. Limited License

12.1 You have a limited license to use our Service subject to these Terms.

12.2 You must not:

(a) reverse engineer, adapt, disassemble, decompile, copy or replicate any part of our Service; and

(b) do anything which compromises or adversely impacts the operation of our Service.

13. Confidential Information

13.1 With the exception of Contact Information, all information, including Customer Information (in whatever form, including any text, drawings, photographs or software) provided or made available by either party for the purpose of our Services, is confidential unless the party providing the information states otherwise.

13.2 Each party must keep confidential any confidential Information of the other party and must not reproduce or disclose it without the prior written approval of the other party, except to the extent the law requires, or the information has entered the public domain other than through a breach of your Contract.

13.3 You own the Customer Information and we will not read, disclose, deal with or use Customer Information, including the content of emails, web traffic data, or any other data necessary for the provision of a service or acquired by us in the provision of a Service to you, except for:

(a) complying with Laws;

(b) complying with a legal directive that we reasonably believe to be binding;

(c) the purposes set out in your Contract, or as agreed in writing with you from time to time, including (where applicable to a Service):

(d) scanning data for viruses, executable code, spam or any other form of unwanted content;

(e) filtering, deleting, quarantining or otherwise managing the disposition of data, in whole or in part;

(f) analysing data for trends, patterns, specific data or other elements so as to improve, protect or enhance our services, systems and business in general;

(g) detecting fraud, illegal activity or any other reasonable purpose including maintaining the operational stability and safety of our Network.

13.4 Despite anything to the contrary, we may use any data which is de-identified, such as file type, industry segment, website traffic and other data for the purpose of benchmarking, reporting, market research, data analysis or any other use we determine in our absolute discretion.

13.5 To the extent that the GDPR applies, both parties shall:

(a) comply with all relevant data protection legislation applicable from time to time including, as appropriate, Privacy Act 1988 (Cth) and GDPR. We shall process Customer Information only in accordance with your instructions. You warrant that you have the right to instruct us to process the Customer’s Data in accordance with these customer terms and acknowledge that we are under no duty to investigate the completeness, accuracy or sufficiency of any such instructions;

(b) implement appropriate standards of technology and operational security to protect Customer Information from loss, misuse, or unauthorised alteration or destruction, and will cooperate fully with each other in respect of any such event;

(c) complete all relevant details in, and enter into, the Standard Contractual Clauses (Annex to Decision 2010/87/EU) attached. Where there is any conflict between the Standard Contractual Clauses and the other clauses of these terms, the Standard Contractual Clauses will prevail.

13.6 For the purposes of this clause the following definitions apply:

(a) Contact Information means your contact details as most recently notified to us, including addresses, telephone numbers, email addresses, websites, employee names, or similar;

(b) Customer Information means any information (other than Contact Information) including data such as email data, web traffic data and any other data, in whatever form, we acquire in the provision of a Service to you.

14. Intellectual Property

(a) We own the intellectual property rights in our Service (excluding Customer Data) and the underlying software and the associated trademarks and domain names.

(b) You must not:

(i) do anything which may infringe, jeopardise or challenge such rights;

(ii) commercialise or attempt to commercialise such rights.

15. Liability

15.1 To the maximum extent permitted by law:

(a) our Service is provided on an ‘as is’ basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;

(b) neither party is liable for any direct, indirect or consequential loss, damage, cost or expense of any kind (however caused or arising, including by negligence) arising from or in any way connected with us, our Service; and

(c) each party’s liability under these terms is capped at AUD$1000.

15.2 If you are an Australian consumer, within the meaning of the Australian Consumer Law (‘ACL’), the ACL sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. These Terms are subject to the ACL and do not exclude, restrict or modify them where it would be unlawful to do so.

16. Suspension or Termination

16.1 We may suspend or terminate your use of our Service where we become aware of or suspect:

(a) a breach of these Terms;

(b) unlawful act or omission including actual or suspected fraud;

(c) any act or omission which threatens the security and stability of our Service or the infrastructure that supports it; and

(d) where we decide to no longer provide the Service in our sole and unfettered discretion.

16.2 You may cease using our Service at any time on 30 days written notice unless you have entered into a fixed term agreement, unless stated otherwise, our default fixed term is 12 months, in which case you may terminate at any time after the fixed term has expired.

16.3 We may cease providing use of our Service at any time, but where we do, we will notify you in writing.

17. Obligations

When using our Service you must ensure that:

(a) you comply with our reasonable directions;

(b) you comply with our Acceptable Use Policy and these Terms;

18. GST

18.1 In this clause, the following expressions have the same meaning as in the GST Act:

(a) taxable supply;

(b) consideration;

(c) value;

(d) acquisition;

(e) taxable supply;

(f) input tax credit;

18.2 Commissions are taken to be GST inclusive unless they are expressed to be ‘GST exclusive’, ‘+ GST’ or similar.

18.3 Where any amount is GST inclusive, it is the gross amount, inclusive of any GST payable in respect of any taxable supply for which that amount is paid. Otherwise:

(a) The consideration payable by a party represents the value of any taxable supply for which payment is to be made;

(b) If we make a taxable supply for a consideration, which represents its value, then you must pay immediately the amount of any GST payable in respect of the taxable supply.

18.4 If these terms require you to pay, reimburse or contribute to an amount paid or payable by us in respect of an acquisition of a taxable supply from a third party, the amount you must pay, reimburse or contribute will be the value of the acquisition by us less any input tax credit to which we are entitled plus, if our recovery from you is a taxable supply, any GST payable under this clause.

18.5 We may recover any GST payable under this clause.

18.6 We may issue a recipient created tax invoice where we make a taxable supply.

18.7 Where any consumption tax or VAT in a jurisdiction other than Australia is payable in addition to the Subscription Fee, then you must also pay that consumption tax or VAT.

19. Comparison Restrictions

19.1 You must not use a Service to measure or create any comparison with another service, benchmark or performance measure, except for your own internal business purposes. Any such comparison, benchmark or performance measure shall constitute our Confidential Information and you must not publish it, disclose it to any third party or share it.

20. Force Majeure

20.1 Neither party is responsible for any failure to perform its obligations under these Terms, if it is prevented or delayed in performing those obligations by an event of force majeure.

20.2 In the event of a force majeure, the party prevented from or delayed in performing its obligations under an Agreement must immediately notify the other party giving full particulars of the event of force majeure.

20.3 Either party may terminate an Agreement in writing where a force majeure event exceeds 14 days.

20.4 For the purpose of this clause, force majeure means any act beyond the reasonable control of a party including an act of god, war, terrorism, cyber-attack, or industrial action.

21. Free Trial

21.1 We may offer a free trial of our Service, where we agree, we will notify you in writing.

21.2 If we give you a free trial of a Service:

(a) there are no Subscription Fees payable for the Free Trial Period;

(b) unless our free trial offer specifies otherwise, the ‘Free Trial Period’ is 30 days from and including the date you activate your Service and ending at 5pm AEST on the final day of that period;

(c) you may terminate your Contract by clicking the ‘Opt Out’ link which is provided at time of signup;

(d) if you do not terminate within the Free Trial Period, your agreement with us for the Service will continue from the end of the Free Trial Period; and

(e) in all other respects, these terms apply to the free trial.

22. Conflicts

22.1 Despite anything to the contrary, these terms take precedence over any other conflicting terms which apply to a Service including Microsoft’s Marketplace Terms.

23. Miscellaneous

(a) We may amend these Terms from time to time by giving you written notice. Amendments will not apply retrospectively.

(b) You may not assign any part of your rights or obligations under these terms without our prior written consent.

(c) The parties rights, remedies and powers under these terms are cumulative and not exclusive of any rights, remedies or powers provided to us by law.

(d) If we overlook a breach of these Terms on one or more occasions, we are not taken to have agreed to any future breach.

(e) If a provision of these Terms is unenforceable it must be read down, to the point of severance if necessary. Nothing will affect the enforceability of the remaining provisions of these Terms.

(f) These Terms and any written Special Conditions (agreed to by the parties mutually in writing) constitute the entire agreement between you and us in relation to its subject matter and supersede all other agreements, arrangements or understandings.

(g) These Terms are not to be construed against a party because that party was responsible for its preparation.

(h) These Terms are governed exclusively by the law of Victoria, Australia, and any dispute may only be heard in the Courts of Victoria Australia.


MailGuard Pty Ltd ACN 096 696 874

MailGuard is committed to protecting the privacy of its customers’ personal information, and to the responsible use of such information in accordance with relevant laws relating to data privacy and handling. MailGuard has developed this Privacy Policy to explain how we collect, store, use and disclose your data online and across regions. From time to time, MailGuard will make changes to this policy in accordance with legislative changes and business requirements.

We are governed by the following:

  • Privacy Act 1988 (Cth) as amended from time to time
  • Privacy Laws – the Privacy Act, including the Australian Privacy Principles in the Privacy Act and all other applicable or similar laws, codes or determinations governing Personal Information.
  • General Data Protection Regulation (EU 2016/679) in our dealings with businesses or individuals based in the European Union. This Privacy Policy sets out all information required by GDPR.

Introduction

This statement includes

  • our collection statement, explaining aspects of our collection and use of personal information
  • our privacy policy, further explaining how we manage personal information.

We will generally ensure that your personal information:

  • is processed fairly, openly and in accordance with relevant data protection legislation;
  • is processed only in accordance with one or more specified and legitimate purposes as set out in this Privacy Policy or as otherwise notified to you;
  • is processed to the minimum extent necessary for those purposes;
  • is accurate and up to date;
  • is kept for no longer than is necessary for those purposes;
  • is protected by appropriate technical and organisational security measures to prevent unauthorised or unlawful processing and accidental loss, destruction or damage.

Collection statement

Who we are: MailGuard Pty Ltd ACN 096 696 874

Our contact details:

Phone: +61 03 9694 4444

Email: support@mailguard.com.au

Web site: www.mailguard.com.au

Collection from third party sources

We may collect personal information from someone other than you, and you may not be aware of the collection, when it is not reasonable or practicable to collect it from you, and it is available from:

  • publicly available sources like phone books
  • other companies in our group that you may have dealt with and who are entitled to share that information with us
  • third parties who are entitled to share that information with us like our business partners, your authorised representative/s, information brokers, fraud checking agencies, our dealers, contractors and other representatives (such as Managed Service Providers and Resellers) that you may deal with
  • our websites and how you use them
  • various parties listed under Disclosing personal information in our Privacy Policy.

Collection under law

We may be required to collect personal information by law.

Why we collect and hold personal information

We collect and hold personal information because:

  • we need to use it to operate our business including as a provider of web & email security services and related technology
  • we need to provide it to other parties in connection with our business.

We will hold personal information for no longer than necessary to achieve the relevant purposes set out in this Privacy Policy. [We will regularly review personal information for deletion and destruction in accordance with our Data Retention Policy.]

The uses and disclosures we may make of personal information are detailed in our Privacy Policy set out below.

Unavailability of personal information

If we cannot collect and use the information we need about you, we may not be able to supply the products or service you want.

Disclosing personal information

We may disclose personal information as reasonably required to contractors and suppliers whose goods and services we use to operate our business and provide products and support to you, and to other parties detailed in our Privacy Policy. In all circumstances we will use our best efforts to ensure that the parties in question complies with this Privacy Policy and all relevant data protection legislation. Some of these parties may be based overseas, eg. USA, Asia, the UK and the European Union.

Access and correction

Our Privacy Policy set out below contains information about how the you can access and seek correction of the personal information about you that we hold.

Complaints

Our Privacy Policy also explains how you can complain about a breach of relevant data protection legislation (including the Australian Privacy Principles and GDPR where appropriate), and how we will deal with such a complaint.



PRIVACY POLICY

Personal information

This refers to information or an opinion about a living person who is identified or reasonably identifiable, whether or not true and whether or not recorded in material form, and includes personal data for the purposes of GDPR.

Kinds of personal information we collect and hold

Broadly, we may collect and hold:

  • personal details like name, [date of birth], [gender], and occupation
  • contact details like physical addresses, postal addresses, work email addresses and phone numbers
  • financial details like bank account, credit card numbers and your billing and payment history with us
  • service-related details like your user name, encrypted password and service usage history, support incidents, enquiries and complaints
  • other details relating to special circumstances.

In any case, we only collect personal information that is necessary to support our functions and activities. If we cannot collect the information we need about you, we may not be able to supply the products or service you want fully or at all.

Collecting personal information

Unless it is not reasonable or practicable to do so, and in other cases allowed by law, we will collect personal information about you directly from you (e.g. when you contact us by phone or online, or at our premises).

In other cases, we may collect personal information about you from:

  • publicly available sources like phone books and internet sources
  • other companies in our group that you may have dealt with and who are entitled to share that information with us
  • third parties who are entitled to share that information with us like our business partners, your authorised representative/s, information brokers, fraud checking agencies, our dealers, contractors and other representatives (such as Managed Service Providers and Resellers) that you may deal with
  • our websites and how you use them
  • various parties listed under Disclosing personal information in our Privacy Policy.

Holding personal information

We hold personal information in hard and/or soft copy at our offices and in other facilities that we own or license from third parties, like data centres. We implement generally accepted standards of technology and operational security to protect personal information from loss, misuse, or unauthorised alteration or destruction. We will notify you as required by data protection legislation in the event of any breach of your personal data which might expose you to serious risk.

Why we collect and hold personal information

We collect and hold personal information because:

  • we need to use it to operate our business including as a provider of web & email security services and related technology
  • we need to provide it to other parties in connection with our business.

Using personal information

We may use personal information:

  • to identify you
  • for credit checks
  • to prevent fraud
  • to supply products (including goods and/or services) to you
  • to give you information about us and our products, and product offers
  • for direct marketing – see Direct marketing for details
  • to improve our products, our marketing and our website
  • to answer your enquiries
  • to give you customer support and service
  • to better understand your needs and respond to them
  • to manage and plan our products and business
  • to charge and bill you for products you use
  • to collect payment from you
  • to analyse, maintain and improve the effectiveness, performance and security of our systems
  • for other legitimate purposes reasonably related to the operation of our business.

Disclosing personal information

We may disclose personal information as reasonably required:

  • to contractors and suppliers who supply or support us in:
  • market research, sales and marketing
  • direct marketing – see Direct marketing for details
  • identity and fraud checking
  • credit management
  • service provisioning
  • helpdesk and enquiries
  • support and complaint management
  • communications and mailing
  • billing, debt recovery and credit management
  • corporate strategy
  • legal and regulatory advice and compliance
  • accounting and financial planning
  • risk management
  • analysing, maintaining and improving the effectiveness, performance and security of our systems
  • otherwise providing goods and services that we use to operate our business and provide products and support to you
  • to your authorised representative/s
  • if you ask us to do so
  • to third parties in accordance with our legitimate business interests, eg:
  • our referrers, agents, and members of our corporate group
  • to our business partners and wholesale suppliers
  • to organisations that provide credit or finance to us
  • to persons who invest in or acquire all or part of our business or company, or are considering doing so
  • where we are required to do so by law.

In all circumstances we will use our best efforts to ensure that the parties in question complies with this Privacy Policy and all relevant data protection legislation. Some of these parties may be based overseas e.g. USA, UK, Asia and the European Union.

Direct marketing

We may use and disclose personal information with your consent or in accordance with our legitimate business interests to direct market to you products offered by us, our referrers, agents, and members of our corporate group, and our business partners, where we think the offers will be of interest to you, using:

  • post
  • email
  • electronic messaging
  • social media
  • targeted web content
  • other direct marketing channels.

If at any time you wish to amend your communication preferences or opt-out completely, please do so using the links or contact details set out in each communication to you, or by calling the number in Contacting us below.

Email data collection policy

MailGuard is committed to protecting and respecting your privacy. We'll never share your details and you can unsubscribe at any time. We’ll only use your personal information to administer your account and to provide the products and services you requested from us. From time to time, we would like to contact you about our products and services, as well as other content that may be of interest to you. By completing any online form on our website you consent to us contacting you for this purpose.

Accessing and correcting personal information

Please contact us for these purposes using the details in 'Contacting us' below. We shall process and respond to your request and there is no charge for making a request (but where Australian Privacy Principle 12 applies, a reasonable administrative charge, on a cost recovery basis, may be payable before we agree to provide access).

In certain circumstances, you may also have the right to have your personal information erased, to restrict how your personal information is processed or to have your personal information transferred to yourself or to another business.

Complaints

If you wish to complain about a breach of the Australian Privacy Principles, GDPR or other relevant data protection legislation please contact us using the details in Contacting us below. We shall:

  • acknowledge your complaint within a reasonable time
  • give you an estimated first response time
  • allocate your complaint to a suitably senior staff member
  • process and respond to your complaint as soon as we reasonably can and in any case within any applicable time limits.

You may also take your complaint directly to the appropriate data protection authority.

Contacting us

Questions, requests and complaints regarding our Privacy Statement or our compliance with privacy laws should be directed to us by telephone on +61 3 9694 4444 or email to support@mailguard.com.au.