Privacy Policy

    PRIVACY POLICY

     

    Definitions

     

    1.1 Unless otherwise specified, the definitions used in this Privacy Policy are the same as the definitions used in the Terms of Use Agreement .

     

    1.2 This Privacy Policy forms part of the Terms of Use Agreement.

     

    Application of Privacy Policy

     

    2.1 This Privacy Policy (“Policy”) applies to our collection and disclosure of Your Personal Information when You use the Website, whether or not You are a registered user, buyer, or seller. We collect certain personal information (“Personal Information”) from You upon registration, which includes, but is not limited to:

     

    (a)Home address;

    (b)Gender;

    (c)Date of Birth; and

    (d)PayPal account details;

     

    2.2 This Policy is intended to describe what information We collect; how We use it; and under what circumstances, if any, We disclose it. Please read this policy before using the Website or submitting any Personal Information. By using the Website, You are accepting the practices described in this policy.

     

    2.3 We are bound by the Australian Privacy Principles (“APP”) of the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) (“Privacy Act”) and are committed to safeguarding any and all of Your Personal Information that We may hold from time to time in accordance with those principles.

     

    2.4 For the purpose of this Policy, the term Personal Information, in addition to that which is defined in the Terms & Conditions, includes personal information obtained from an individual or third party which, under and in accordance with the Privacy Act may lawfully be exchanged.

     

    2.5 We will not disclose Your Personal Information collected about You otherwise than:

     

    (a)for a purpose set out in this Policy; or

    (b)for a purpose You would reasonably expect; or

    (c)for a purpose required or permitted by law; or

    (d)for a purpose otherwise disclosed to or permitted by You.

     

    2.6 In respect of particular services that We may offer or provide to You, We may make other privacy disclosures to You or seek Your authority to use Your Personal Information in ways which are different from, or more specific than those stated in this Policy.

     

    2.7 In the event of any inconsistency between the provisions of this Policy and those other disclosures, the other disclosures will prevail.

     

    2.8 This Policy applies to this Website only. The Website may contain links to third party products or websites (such as payment sites like PayPal, Pin Payments, Braintree or similar) that are not owned or controlled by Us. We disclaim (and You agree to indemnify Us against) any loss or damage arising from a third party’s use of Your Personal Information contrary to this Policy. If You link to other third party websites, please review the privacy policies, if any, posted at those websites.

     

    Collection of Personal Information

     

    3.1 We will not ordinarily collect any Personal Information about You except where You provide it to Us or it is provided to Us with Your authority.

     

    3.2 In order to participate in using Our Website, We may request certain Personal Information from You on the registration form and require You to create an Account.

     

    3.3 The types of Personal Information We collect and store upon registration include Your name, address, telephone number, email address, and other relevant contact details which You provide to Us. Personal Information which You provide will be used and disclosed in accordance with this Policy or otherwise in accordance with Your express consent.

     

    3.4 We will make every effort to advise You of the purposes for which We are required to collect Your Personal Information before that Personal Information is to be collected.

     

    3.5 When You visit Our Website, Your visits will be recorded for demographic content and statistical purposes. We will use cookies, internet protocol addresses, browser information, operating system information and other information which does not identify You personally but which tracks Your usage of Our Website.

     

    3.6 In some circumstances, We may also collect Personal Information which may be deemed sensitive. Unless the collection of sensitive Personal Information is required or permitted by or under the law, We will obtain Your consent to its collection.

     

    3.7 We will collect personal information directly from You when You complete an online form upon registering for an Account, or deal with Us over the telephone, via email or in person, or visit Our Website.

     

    3.8 We generally collect Personal Information such as names, email addresses etc when it is voluntarily submitted by Our visitors. This Information is generally used to fulfil Your specific request and to sign You up for Our service mailing list, unless You give Us permission to use it in other ways.

     

    3.9 In the event that We receive unsolicited information about You, it will only be collected where:

     

    (a )it is reasonably necessary for one or more of our functions or activities; and

    (b )We obtain Your consent (where the information is sensitive information); or

    (c) it is authorised or required under an Australian law or a court/tribunal order; or

    (d) it is otherwise permitted by the Act.

     

    3.10 Where Clause 3.9 does not apply, We will destroy any unsolicited Personal Information that We receive.

     

    3.11 Notwithstanding Clause 3.6 above, We may on occasion need to collect Personal Information, including sensitive Personal Information, about You from third parties, including, without limitation, Our business alliance partners and Your agents. If required by law, We will obtain Your consent to collect Personal Information from third party sources and combine that information with the Personal Information which We have collected directly from You.

     

    3.12 We only collect Personal Information about You that are necessary for Our functions and activities and ordinarily, You will be told the purposes for which We collect that Personal Information when it is collected. As a general rule, the collection of Your Personal Information will be necessary for Us to provide a service for You to maintain Our relationship with You.

     

    3.13 Additionally, the purposes for which We will generally collect and use Your Personal Information will include:

     

    (a) complying with legislative and regulatory requirements;

    (b) performing Our administrative operations, including accounting, risk management, record keeping, archiving, and systems development and testing;

    (c) managing Our rights and obligations in relation to external payment systems;

    (d) conducting market or customer satisfaction research;

    (e) developing, establishing, and administering alliances and other arrangements with other organisations in relation to the promotion, administration and use Our Products and Websites;

    (f) developing and identifying products and services that may interest You; and

    (g) telling You about certain other products and services, unless You choose not to receive such information.

     

    3.14 We advise that cookies and pixels (and similar tracking means) are used on Our Website. Each time You visit Our Website, We may use cookies and pixels (or similar tracking means) to record the date and time of access to the site and any information read or downloaded. Cookies, pixels and other tracking technology are useful for gathering information such as browser type and operating system; tracking the number of visitors to Our Website; and understanding how visitors use Our Website, but do not identify any individual users (“Non-Personal Information”). Cookies cannot collect Personal Information unless You have previously shared them on the Website.

     

    3.15 If You register or continue to use Our Website, You agree to Our use of cookies, pixels and similar. You may block cookies by activating settings on Your browser which refuses all or some cookies. However, if You do so, You may not be able to access all or parts of Our Websites. Unless You have adjusted Your browser settings so that it will refuse cookies, Our system will issue cookies as soon as You visit Our Website.

     

    3.16 You must be over 18 years of age or have consent of Your parent or guardian (who are over 18 years of age) to use Our Website.

     

    3.17 Information may also be collected, even when You have not registered an Account with Us, when:

     

    (a) You visit Our Website; or

    (b) You make a purchase; or

    (c) Any time You provide Personal Information to Us.

     

    Personal Information about third parties

     

    4.1 If at any time You supply Us with Personal Information about another person, You should ensure that You have written consent from that person to do so, and You must agree to inform that person about Us and that We may use and disclose their Personal Information in accordance with and for the purposes outlined in this Privacy Policy.

     

    Usage and Disclosure of Personal Information

     

    5.1 You authorise Us to use Your Personal Information to contact You about Our events and listed Products in which You may be interested in. During registration, We may offer You the opportunity to opt into Our newsletter as well as periodic email updates from Us regarding events, Products and Websites offered by Us, and where You have opted to receive such newsletters and periodic email updates, You authorise Us to contact You using the Personal Information which You have provided to Us.

     

    5.2 Unless otherwise specified or required by law, You authorise Us to disclose necessary Personal Information to related companies and to any agents or contractors who provide services to Us in connection with the provision of services that You have sought from Us. These parties are prohibited from using Your Personal Information except for the specific purpose for which We supply them with Your Personal Information.

     

    5.3 Subject to what is permitted by law, the types of third parties We may disclose Your personal information to include:

     

    (a) Our agents, contractors and external advisors whom We engage from time to time to carry out, or advise on, Our functions and activities;

    (b) Your agents and contractors, including Your legal or financial advisor;

    (c) Regulatory bodies, government agencies, law enforcement agencies and courts;

    (d) any person or organisations who introduces You to Us;

    (e) Other organisations with whom We have alliances or arrangements for the purpose of promoting Our services (and any agents used by Us and Our business partners in administering such an arrangement or alliance);

    (f) Anyone supplying goods or services to You in connection with a loyalty program which may be associated with a facility provided to You;

    (g) debt collecting agencies;

    (h) external payment systems operators;

     

    5.4 We take the protection of Your Personal Information very seriously. Only authorised personnel will have access to Your Personal Information, and such Personal Information will not be disclosed or used other than as specified in this Privacy Policy without Your express consent, which will be stored in Our records.

     

    5.5 We reserve the right to disclose Non-Personal Information to third parties including, without limitation, to analytics companies and business partners, to help Us understand usage patterns, to assist in product development and for advertising purposes.

     

    5.6 We reserve the right to disclose Personal Information and Non-Personal Information with third parties where such disclosure is required by law, or when We reasonably believe in good faith that such disclosure is necessary to protect our rights or to comply with a judicial proceeding or legal process served upon Us.

     

    5.7 We may share Your Personal Information and Non-Personal Information with third parties where We reasonably believe in good faith that such disclosure is necessary in order to investigate, prevent or take action regarding illegal activities such as suspected fraud; situations involving potential threats to the physical safety of any person; violations of Our terms of use agreement or as otherwise required by law.

     

    5.8 We will not disclose Your Personal Information to overseas entities who may not be bound by Australian legislation without Your consent, except in circumstances where clause 5.3, 5.5, 5.6 and 5.7 apply. Where we disclose Your Personal Information to overseas recipients, We will make every reasonable effort in the circumstances to ensure that the overseas recipients comply with this Privacy Policy and any applicable Australian law or regulation with respect to the protection of Personal Information, unless:

     

    (a) we believe on reasonable grounds that the overseas recipient is bound by legislation or regulation that is substantially similar to the APP which can be enforced against the overseas recipient; or

    (b) you give us an informed consent to the disclosure of Your Personal Information to an overseas recipient who may not be bound by Australian law; or

    (c) the disclosure to an overseas recipient is authorised or required by Australian law or a court or tribunal order; or

    (d) it is permitted by the Act.

     

    5.9 We may disclose both Personal Information and Non-Personal Information to a third party in a business transaction such as a merger with or acquisition by another company, or the sale of all or a substantial portion of Our assets, of which Your Personal Information and Non-Personal Information may be among the assets transferred. Where this occurs, We will notify You via an email sent to the email address which You provide to Us in Your Account.

     

    5.10 We will not use or disclose Your Personal Information for any purpose other than as disclosed in this Privacy Policy unless:

     

    (a) We have obtained Your consent to its use or disclosure; or

    (b) the purpose is related to the purposes disclosed in this Privacy Policy and an individual would reasonably expect Us to use or disclose that Personal Information.

     

    Your access to Your Personal Information

     

    6.1 You may access, correct or update any of Your Personal Information which We have on You through the login function on Our Website.

     

    6.2 Where You are unable to access, correct or update Your Personal Information, please notify Us in writing in order that We may effect repair of Our Website to enable You to access, correct or update Your Personal Information.

     

    Security of Your Personal Information

     

    7.1 We will use all reasonable efforts to keep secure the Personal Information and Non-Personal Information that We collect and maintain. Only our authorised employees, agents and contractors to whom You have given Your express consent (and who have agreed to keep information secure and confidential) will have access to this information. We will maintain strict procedures and generally accepted industry standards and take all reasonable care to protect and prevent unauthorised access to, or modification and disclosure of, Your Personal Information. We will take all reasonable steps to protect Your Personal Information from misuse and loss.

     

    7.2 Notwithstanding clause 7.1 above, no data transmission over the internet can be guaranteed as fully secure and accordingly, We cannot guarantee or warrant the security of any information You send to Us through Our Website. You understand that any information You send over the internet is at Your own risk.

     

    7.3 Notwithstanding the termination of Your Account with Us, You consent to Our holding Your Personal Information for the continuation of Your Account with Us and for the duration of seven (7) years subsequent to the termination of Your Account.

     

    7.4 Your Personal Information will be returned or destroyed after the seven (7) year period referred to in Clause 7.3 has passed, provided:

     

    (a) You do not owe Us any money; and

    (b) There are no legal proceedings instituted against You, or

    (c) There are no legal proceedings instituted against Us in which You are obliged to indemnify Us according to the Terms of Use and Privacy Policy.

     

    7.5 Subject to Our reserved rights to disclose and use Your Personal Information and Non-Personal Information described in clause 5 above, We will limit access to Your Personal Information to employees to whom We believe there is a reasonable need for Us to disclose Your Personal Information and Non-Personal Information in order for them to perform their duties.

     

    7.6 You understand that if You access Our Website from outside Australia, other entities, such as governments, may collect, use and disclose Your Personal Information in ways which differ from this Privacy Policy and the laws of Australia.

     

    Complaints about breaches of privacy

     

    8.1 If You believe that the privacy of Your Personal Information has been compromised or has not been used in accordance with this Privacy Policy, You should contact Us as soon as possible using the means provided on this Website or by email to .

     

    8.2 Your complaint will be taken seriously and addressed in accordance with clause 16 of the Terms of Use in relation to Dispute Resolution.

     

    8.3 Alternatively, or if You do not believe that We have handled Your complaint satisfactorily, please refer Your complaint to the Federal Privacy Commissioner on 1300 363 992 or email to enquiries@oaic.gov.au.

     

    Variation of Privacy Policy

     

    9.1 We may change this Privacy Policy at any time and at Our sole discretion by posting a notice on Our Website and may notify You in other ways that We deem appropriate, such as sending a notice to the email address specified in Your Account. You agree that You will be deemed to have notice of any modifications once We post them to Our Website and that Your continued use of Our Website after such notice will be construed as Your acceptance of the modified Privacy Policy.

     

    9.2 Notwithstanding Our right to change this Privacy Policy at any time, these changes will only apply to activities and information going forward, and not on a retroactive basis.

     

    9.3 You are encouraged to review the policy whenever You visit Our Website to keep track of the policy changes and make sure that You understand how any Personal Information You provide will be used. If You do not agree with the modified Privacy Policy, You must close Your Account immediately and cease to use Our Website.

     

    10 Third parties

     

    10.1 Where We provide Your Personal Information to third parties in accordance with this Privacy Policy, You acknowledge and agree that the usage of Your Personal Information by third parties is not in Our reasonable control. You further acknowledge that third party websites may place their own cookies or other files on Your computer or telephone, solicit Personal Information from You and may or may not use Your Personal Information in accordance with their own privacy policies which may differ from this Policy. You agree that We are not liable for the use of Your Personal Information in circumstances which are not in accordance with this Privacy Policy.

     

    10.2 You agree to indemnify and keep indemnified Us and Our servants, employees or agents (“Those Indemnified”) from and against any damage, loss, cost (including, without limitation, settlement costs), expense (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against those Indemnified however arising and whether such damage, loss, cost, expense or liability is actual contingent, present or future, quantified or unquantified, including, without limitation, to losses or damages arising from the use of Your Personal Information by third parties contrary to this Privacy Policy.

     

     

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