Privacy Policy for Website or Mobile Application - Form Pro · AU-law
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PRIVACY POLICY FOR WEBSITE
________
Effective Date: ________
This privacy policy ("Privacy Policy") explains how We collect, hold, use and disclose personal information about You when You use Our website (the "Product") located at ________.
The Product is owned and operated by ________ (ABN ________) of ________.
We are committed to protecting Your privacy and to handling Your personal information in accordance with the Privacy Act 1988 (Cth) ("Privacy Act") and the Australian Privacy Principles ("APPs") contained in that Act, together with any applicable State or Territory privacy legislation and any registered APP code that binds Us.
This Privacy Policy only applies to the Product. The Product may contain links to other websites or applications, but this Privacy Policy does not apply to any of those linked websites or applications.
By continuing to use the Product You acknowledge that You have had the opportunity to review this Privacy Policy and that You understand the manner in which We collect, hold, use and disclose Your personal information as described in it. Where We rely on Your consent to collect, use or disclose Your personal information, You consent to such collection, use and disclosure as described in this Privacy Policy. If You do not agree with this Privacy Policy, please do not use the Product.
1. DEFINITIONS
"APPs" means the Australian Privacy Principles set out in Schedule 1 to the Privacy Act.
"Company IP" includes, but is not limited to, the contents, layout, design, colours, appearance, graphics and imagery of the Product, Content and Materials, as well as all copyright, trade marks, trade secrets, patents and other intellectual property contained in the Product, Content and Materials.
"Content" means any content, writing, images, audiovisual content or other information published on the Product.
"Effective Date" means the date that this Privacy Policy comes into force, as stated at the top of this Privacy Policy.
"Goods" means any or all goods provided by or on the Product.
"Items" means any and all of the Product, Goods, Content and Materials collectively.
"Materials" means any materials, information or documentation that We may provide to You in connection with Your use of the Goods or Product, including documentation, data, information developed by Us or owned by Us, and other materials which may assist in Your use of the Goods or Product.
"OAIC" means the Office of the Australian Information Commissioner.
"Parties" means both You (the user of the Product) and Us (the owner of the Product) collectively.
"Personal Information" has the meaning given to that term in the Privacy Act, and includes information or an opinion about an identified individual, or an individual who is reasonably identifiable, that We collect from You in connection with Your use of the Product.
"Privacy Policy" means this privacy policy.
"Product" means the website including all pages, all sub pages, all blogs, all forums, all other connected pages and all other connected internet content whatsoever, the home page or main page of which is located at ________.
"Sensitive Information" has the meaning given to that term in the Privacy Act, and includes (among other things) information about an individual's racial or ethnic origin, political opinions, religious beliefs, sexual orientation, health, genetic or biometric information.
"Third Party Links" means links or references to websites other than the Product, to content other than the Content, or to materials other than the Materials, none of which are controlled by Us.
"Third Party Service Provider" means a third party, separate from Us, which provides services that assist Us in serving You. This may include, but is not limited to, web hosting, IT services, security services, payment processing, deliveries, customer service, order fulfilment or other services.
"Us", "We", "Our" or "the Owner" refers to ________, and also includes any employees, affiliates, agents or other representatives of ________.
"You" or "Your" refers to the user of the Product.
"Your Content" means any Content posted to or added to the Product, Content or Materials by You or by somebody authorised by You or acting on Your behalf.
2. INTERPRETATION
a. In this Privacy Policy, unless the context otherwise requires, the following rules of interpretation apply:
I. Words referring to one gender include every other gender.
II. Words referring to a singular number include the plural, and words referring to a plural include the singular.
III. Words referring to a person or persons include companies, firms, corporations, organisations and vice versa.
IV. Headings and titles are included for convenience only and do not affect the interpretation of this Privacy Policy.
V. A reference to a statute or statutory provision includes that statute or provision as amended, replaced or re-enacted from time to time.
VI. Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.
3. KINDS OF INFORMATION WE COLLECT AND HOW IT IS COLLECTED
a. When You use the Product, We may collect information from You through automatic tracking systems (such as information about Your browsing preferences).
b. We may also collect information that You volunteer to Us (such as information that You provide during a sign up process or at other times while using the Product).
c. We collect Personal Information only by lawful and fair means, and only where it is reasonably necessary for, or directly related to, one or more of Our functions or activities. The kinds of Personal Information We may collect include, but are not limited to: ________.
d. In order to access some specific features of the Product, You may be required to provide some Personal Information. In this process, We collect some of Your Personal Information in the following manner:
I. We will not collect information that identifies You personally except when You specifically volunteer that information to Us when using specific Product features. These features might include, but are not limited to:
A. making purchases;
B. receiving notifications by text message or email about events and promotions;
C. receiving general emails from Us;
D. commenting on Our Content such as blogs, articles, photographs or videos, or participating in Our forums, bulletin boards, chat rooms or other similar features.
II. In addition to any Personal Information that You are required to provide in order to access these features, in some cases You may be required to provide more specific information. For example, in order to make purchases, You may need to provide payment card information, billing information and postal addresses.
e. Where it is lawful and practicable to do so, You have the option of dealing with Us anonymously or by using a pseudonym, except where this is impractical or where We are required or authorised by law to deal with identified individuals.
f. We do not collect Sensitive Information unless You consent to the collection and the information is reasonably necessary for one or more of Our functions or activities, or We are otherwise required or authorised by law to collect it.
g. From time to time We may request information from You to assist Us in improving Our Product, Goods, Content or Materials, for example regarding Your demographics, shopping preferences or other preferences in relation to the Product.
h. Where We collect Personal Information about You from a third party, We will take reasonable steps to ensure You are made aware of the matters set out in APP 5, unless an exception applies.
4. PURPOSES FOR WHICH WE COLLECT INFORMATION
a. We collect, hold, use and disclose Your Personal Information for the following primary purposes, and for related secondary purposes that You would reasonably expect: ________.
b. We will only use or disclose Your Personal Information for a secondary purpose where You have consented, or where an exception under APP 6 applies.
5. COOKIES
a. Cookies are small files stored on Your computer or mobile device which collect information about Your browsing behaviour.
b. Cookies do not access other information stored on Your computer.
6. HOW YOUR INFORMATION IS HELD AND SECURED
a. Please note that no system involving the transmission of information via the internet, or the electronic storage of data, is completely secure. However, We take all reasonable steps to protect Your Personal Information from misuse, interference and loss, and from unauthorised access, modification or disclosure, as required by APP 11.
b. We use appropriate physical, digital, managerial and security measures to store and protect Your Personal Information.
c. Where We no longer need Your Personal Information for any purpose for which it may lawfully be used or disclosed, and We are not required by law or a court or tribunal order to retain it, We will take reasonable steps to destroy the information or to ensure it is de-identified.
d. In the event of an eligible data breach involving Your Personal Information, We will comply with Our obligations under the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act, including by notifying affected individuals and the OAIC where required.
7. THIRD PARTIES AND DISCLOSURE
f. Some of Our Third Party Service Providers may be located outside Australia. Before disclosing Personal Information to an overseas recipient, We will take reasonable steps to ensure the recipient does not breach the APPs in relation to that information, as required by APP 8, unless an exception applies. The countries or regions in which Our Third Party Service Providers may be located include:
________
g. We only share Your Personal Information with a Third Party Service Provider where that provider agrees to handle the information consistently with this Privacy Policy and the Privacy Act.
h. Notwithstanding the other provisions of this Privacy Policy, We may disclose Your Personal Information to a third party where We reasonably believe it is necessary to protect the rights, property or safety of Us, Our customers or third parties, or where We are otherwise required or authorised by or under an Australian law or a court or tribunal order.
i. We will not otherwise disclose Your Personal Information to third parties other than in accordance with this Privacy Policy.
j. If Your Personal Information is to be disclosed in a manner other than as explained in this Privacy Policy, We will notify You and, where applicable, provide You with the opportunity to request that We not make that disclosure.
k. We do not use or disclose Your Personal Information for the purposes of direct marketing unless permitted under APP 7. You may opt out of receiving direct marketing communications from Us at any time, free of charge, using the details at the end of this Privacy Policy.
l. We do not use, sell, rent or disclose any government related identifier (such as a tax file number or Medicare number) as Our own identifier of an individual, except as permitted under APP 9.
8. RELATED ENTITIES
a. We may share Your Personal Information, including Personal Information that identifies You personally, with any of Our parent companies, subsidiary companies, affiliates or other related entities.
b. We only share Your Personal Information with a related entity where that entity agrees to handle the information consistently with this Privacy Policy and the Privacy Act.
9. COMBINING INFORMATION
a. We may combine, link or aggregate some of Your information in order to obtain a better understanding of Your requirements, to improve the design of the Product and to assist with Our business or administrative requirements.
b. We may share aggregated information with third parties, but only if that aggregated information does not contain any information that identifies You personally.
10. HOW YOUR INFORMATION IS USED
a. We use Your Personal Information to help Us improve Your experience with Our Product. We may use Your Personal Information for purposes including, but not limited to:
I. order fulfilment;
II. providing customer service to You;
III. marketing and advertising to You, including direct and indirect marketing in accordance with APP 7, and advertising about products that may interest You based on Your preferences or demographics;
IV. advising You about updates to the Product or related Items.
11. CHILDREN AND VULNERABLE USERS
a. We may collect information from specific categories of users who may be particularly vulnerable, including: ________.
b. Where We collect Personal Information from a child or young person who may not have the capacity to consent, We will, where reasonable and practicable, obtain the consent of a parent or guardian.
c. Information collected from vulnerable users in accordance with this clause is collected for the purpose of helping Us improve the Product and Your user experience, and is collected, held, used and (if applicable) disclosed in accordance with the general provisions of this Privacy Policy and the Privacy Act.
12. MERGER, RESTRUCTURE OR SALE OF OUR BUSINESS
a. Part or all of Our business may be merged, restructured or sold, including (but not limited to) through an ordinary sale of business or of stock, a corporate reorganisation, a change in control, or insolvency or administration proceedings.
b. In the event of such a merger, restructure or sale, We may transfer Your Personal Information, including personally identifiable information, as part of that transaction, subject to the recipient agreeing to handle the information consistently with this Privacy Policy and the Privacy Act.
13. INFORMATION YOU RELEASE
You acknowledge and agree that if You publish or submit Personal Information in publicly accessible sections of the Product (such as forums, bulletin boards or chat rooms), You are solely responsible for the release of that Personal Information, and We are not liable or responsible for the release of that Personal Information to the extent permitted by law.
14. EMAIL OPT IN / OPT OUT
If You receive an email from Us in relation to the Product and would prefer not to receive such correspondence in the future, You may follow the unsubscribe instructions in the email to opt out of future correspondence. You may also contact Us using the details at the end of this Privacy Policy. We will make all reasonable efforts to promptly comply with Your request, although You may receive subsequent correspondence from Us while Your request is being processed.
15. ACCESSING, UPDATING AND CORRECTING YOUR PERSONAL INFORMATION
a. In accordance with APP 12, You have the right to request access to any of Your Personal Information that We hold. We will respond to Your request within a reasonable period and will give access in the manner requested where reasonable and practicable, unless an exception under the Privacy Act applies.
b. In accordance with APP 13, You have the right to request that any of Your Personal Information that We hold be updated or corrected where it is inaccurate, out of date, incomplete, irrelevant or misleading.
c. We do not charge for making a request to access or correct Your Personal Information, although We may charge a reasonable fee for giving access where permitted by the Privacy Act. Such fee will not be excessive and will not apply to the making of the request.
d. If We refuse to give access or to correct Your Personal Information, We will provide You with written reasons for the refusal (except where it would be unreasonable to do so) and information about how You may complain about the refusal.
e. To request access, an update or a correction to Your Personal Information, You may contact Us using the details at the end of this Privacy Policy.
16. DELETING YOUR PERSONAL INFORMATION
a. You may request that any of Your Personal Information that We hold be deleted.
b. We will take all reasonable steps to delete Your Personal Information as requested. However, in some cases We may be required to retain some of Your Personal Information for legal, accounting or administrative purposes, to complete a transaction that You have requested, or where We are otherwise permitted or required by an Australian law or a court or tribunal order to retain that information.
c. To request the deletion of Your Personal Information, You may contact Us using the details at the end of this Privacy Policy.
17. CHANGES TO THIS POLICY
a. We may make changes to this Privacy Policy at any time in Our sole discretion. The current version will always be available on the Product.
b. Unless We obtain Your express consent, changes will only apply to information that We obtain from You after the date the changes take effect.
c. Your continued use of the Product after the date the changes take effect confirms that You acknowledge and accept those changes.
18. COMPLAINTS
a. We take Your privacy seriously. If You have a complaint about Our handling of Your Personal Information or about a breach by Us of the APPs, We will endeavour to handle it promptly and fairly. An overview of Our complaints handling procedure is as follows:
I. Complaints are forwarded to Our privacy officer for review. We aim to acknowledge complaints within 7 days of receipt. If necessary, the privacy officer may refer the complaint to another part of Our organisation, and We may contact You to request further information. If We accept fault, We will propose a resolution. If We do not accept fault, We will advise You of this. We aim to complete this process within 30 days of receiving complete information, although this cannot be guaranteed.
II. All complaints should be made in writing, by email or post, using the contact details at the end of this Privacy Policy. Please describe the nature of Your complaint, including relevant dates, the people involved, any consequences and how You believe the matter should be resolved.
III. If You are not satisfied with Our response, or if We do not respond within a reasonable time, You may complain to the Office of the Australian Information Commissioner (OAIC) by telephone on 1300 363 992, online at www.oaic.gov.au, or by writing to GPO Box 5288, Sydney NSW 2001.
19. CONTACT US
You can contact Us, including Our nominated privacy officer, about this Privacy Policy using the following details:
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