The Wishlist Company Acceptable Use Policy

(23 March 2023)

The Wishlist Company Pty Ltd (“The Wishlist Company”, “us”, “our” or “we”) is a company with a principal place of business at Suite 305, 30 Kingsway Cronulla  NSW  Australia 2230. 

This Acceptable Use Policy (“Policy”) applies to the use of any product, service or website provide by us (together, “Services”).  By using the Services, you agree to be bound by this Policy.  

Capitalized terms used in this Policy but not defined in this Policy have the meanings set forth in our Terms of Service.

 

Content Restrictions. You will not upload, store, post or transmit content that:

• promotes, condones, encourages or facilitates hate, violence or discrimination against people based on race, ethnicity, color, national origin, religion, age, gender, gender identity, sexual orientation, disability, medical condition, veteran status or any other characteristic.
• is obscene, indecent, defamatory, libelous, deceptive, fraudulent, pornographic, harmful to minors, threatening, excessively profane or otherwise objectionable material.
• that violates, encourages or furthers conduct that would violate any applicable laws.
• that infringes or misappropriates intellectual property rights, or otherwise violates a third party’s rights.
• that contains any of the following types of data or information: (a) any information defined under Regulation (EU) 2016/679 (EU GDPR) or the United Kingdom General Data Protection Regulation as a “special category”; (b) medical records or health information, including Protected Health Information as defined in the Health Insurance Portability and Accountability Act; (c) any non-public government identification numbers or financial account information such as (i) Social Security number or local equivalents, passport numbers, driver’s license number or similar identifiers or (ii) financial account information including credit or debit card number; and (d) information related to children under the age of 13 (or in the EEA, under 16);  
• contains Malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
• is spam or commercial electronic messages in violation of the CAN-SPAM Act, Canada’s Anti-Spam Legislation, the General Data Protection Regulation or any other applicable law or regulation.
• is SMS, MMS, or other text messages or push notifications that violate the Telephone Consumer Protection Act or any other applicable telemarketing or telephone consumer protection law or regulation.

 

Prohibited Conduct. You will not:

• Promote, condone, encourage or facilitate hate, violence or discrimination against people based on race, ethnicity, color, national origin, religion, age, gender, gender identity, sexual orientation, disability, medical condition, veteran status or any other characteristic.
• Use the Services in violation of data, privacy or other applicable laws or regulations.
• Engage in deceptive or illegal activities (including, “spoofing”, “phishing” or similar schemes).
• Transmit spam or other unsolicited communications to other users.
• Reverse engineer, decompile or seek to access the source code of the Cloud Service, except to the extent these restrictions are prohibited by Laws and then only upon advance notice to us
• copy, modify, create derivative works of or remove proprietary notices from the Cloud Service or use the Cloud Service to develop a product that competes with the Cloud Service
• publish benchmark or performance information about the Services without our consent.
• use the Services in violation of applicable industry standards, including all applicable guidelines published by the CTIA and the Mobile Marketing Association.
• impersonate others or falsely state or otherwise misrepresent your affiliation with any person, group or entity (including by “spoofing,” “phishing,” manipulating headers or other identifiers) including falsely implying that you are affiliated with or endorsed by us or any other third party or access the Services via another user’s account without their permission.
• email purchased, rented, borrowed, third-party or any other lists that have not consented to receive communications, promotions or advertisements from your business.
• harvest or otherwise collect information about others without their consent.
• use meta tags or any other “hidden text” including our, or our suppliers’ product names or trademarks.
• use the Cloud Service for activities where use or failure of the Cloud Service could lead to death, personal injury or environmental damage.
• engage in any activity that we reasonably determine will cause liability to us.
• permit or encourage others to commit any of the actions prohibited in this Policy.

No Disruption. You will not:

• access the Cloud Service through means we did not authorize (for instance, scraping, crawling or penetration testing).
• overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the Services that consume extraordinary resources, such as by “robots,” “spiders,” “offline readers” or other automated systems to send more request messages to our servers than a person could reasonably send in the same period using a normal browser, or by going far beyond the use parameters for the Services.
• disable or interfere with the Services or circumvent any of our security or access controls; or

We may monitor compliance with this Policy and investigate any violations. If we determine that you or your content violates this Policy, we may remove or suspend access to your content or invoke our suspension rights under our Terms of Service.

We may report any activity that we suspect violates any law or regulation to law enforcement officials, regulators or other appropriate third parties, and cooperate with them to investigate and prosecute illegal conduct.

We may update this Policy from time to time by posting an updated version at www.thewishlist.io/legal and any such updates will be effective upon posting. Previous policies will also be available from this location. Your continued use of the Services constitutes your acceptance of the modified Policy. Please review this Policy regularly.

If you become aware of any violation of this Policy, please contact us.