23 ICT Pty Ltd (ACN: 169 724 181) and/or its associates, related parties, successors
and
assigns (collectively referred to as “Provider”, “us”, “we” or “our”), being owner and operator of the
Website,
has created this Privacy Policy in order to demonstrate our firm commitment to your privacy. The
following
discloses our information gathering and dissemination practices for the Website.
This Privacy Policy is supplementary to the General Terms and Conditions (“T&C“) of the
Website, and is incorporated into the general T&C by this reference. Unless otherwise defined
herein, all
capitalised terms are defined in the T&C.
By accessing and using the Website, you agree to be bound by this Privacy Policy.
The Website may contain links to websites of third parties. By clicking on such links, you may be
transferred to
the website of the third party. We are not responsible in any way for the privacy practices of such
third
parties and you are advised to view and read the privacy statements issued by the third parties to
ensure that
you understand and agree to the same.
COLLECTION OF DATA
Your privacy and security is of utmost importance to us. We will always follow the principles of the
National
Privacy Principles promulgated under the Privacy Act 1988 (Cth), as amended or updated from time to time
(“National Privacy Principles”) and ask you how you would like us to communicate with you.
In order to become a Registered User of the Website, or a Client of the Provider, you may be required
to
provide certain information, including any information which may be used to personally identify you
(“Personal
Information”), in the applicable registration, submission or contact form as part of your Registration
Data or
Client Data, as the case may be. Personal Information includes your name, address, phone number(s) and
email
address and any other information which may, or may lead to, the disclosure of your identity as an
individual.
You may also be required to provide Personal Information to us when you communicate with us in any
other way
through or in connection with the Website, including when you:
request for further information on our services;
request for any advice or assistance in relation to the Website Content, including any resource
tools
thereof; or
report a problem or contact us by way of email, telephone call, fax message, letter or through
any other
means of communication.
Except for the circumstances outlined in Clauses 2.2 and 2.3, we do not collect Personal Information
from you
when you access the Website as a Visitor.
USE OF DATA
Any Personal Information submitted to us, together with any other information, material or content you
have
provided, including all other User Content (collectively, “Data”) shall be used primarily for
administrative
purposes and for the purposes to which they were submitted or required.
We may also decide to use the Data for the following additional purposes:
to understand what your needs and requirements are;
to provide personalised content and match the most relevant services for you;
to improve on our marketing and customer service efforts;
in other advertising, statistical compilation or marketing-related purposes; and
to profile your information preferences, for example, understanding how you use the Website and
reviewing your search contents, any service pages or Website Content you access.
Unless you inform us otherwise in accordance with Clause 5.3, we may also use your Data to communicate
with you
(“Communications”):
by sending you notices regarding updates, changes or additions to the Website or Website Content
and
regarding any promotions which may be of interest to you;
by inviting you to participate in our surveys;
by requesting for your views on the Website and/or our customer support; or
by responding to your requests.
DISSEMINATION OF DATA
Be assured that we will never sell your Data to any third parties for commercial gain.
However, we may disclose your Data:
to our consultants, advisors, service providers and agents (“Third Parties”):
to assist us to achieve the purposes described in Clauses 3.1 and 3.2; and
to assist us in our Communications to you (unless you have informed us that you do not
wish to
receive any of our Communications in accordance with Clause 5.3); and
to our business partners who may communicate with you (“Business Partner Communications”)
by sending you notices regarding any promotions or products or services offered by them
which
may be of interest to you;
by inviting you to participate in their surveys;
for other advertising, statistical compilation or marketing-related purposes; or
by responding to your requests, unless you have informed us that you do not wish to
receive any
Business Partner Communications in accordance with Clause 5.3.
We may also be required to disclose your Data in the following circumstances:
to comply with a legal process;
to enforce the general T&C, this Privacy Policy or any other agreements executed with you or
any
related entity;
to protect the rights, property or personal safety of other Users and/or the public, or to
protect the
business operations of the Website;
where applicable, to credit reference agencies, where your Data may be used by other credit
grantor’s
for the purposes of:
making credit decisions about you and the people with whom you are financially
associated with;
fraud or money laundering prevention; and
occasionally, for tracing debtors.
Accordingly, your Data will be disclosed where we are obliged or permitted by law to do so. If you post
or send
offensive or objectionable content to us or otherwise engage in any disruptive behaviour in respect of
the
Website, we can use whatever Data that is available to us about you to stop such behaviour. This may
involve
informing relevant third parties such as your employer and law enforcement agencies about the content
and your
behaviour.
In addition, any Client who purchases a domain name from us will need to be aware that domain name
registration
information must legally be disclosed to the public and accessible to any persons conducting a “WHOIS”
search.
The “WHOIS” database is a publicly accessible database that lists the domain name and contact
information of
each domain name registrant and a Client may consequently be exposed to solicitation and/or spam
messages from
such persons.
CONSENT AND OPTING-OUT
By submitting or providing your Data to us, you expressly acknowledge, consent and agree to:
our use or processing, or the disclosure to, or use or processing by, Third Parties, of your
Data,
including any Personal Information contained in your Data, for the purposes described in Clauses
3.1 and
3.2;
subject to Clause 5.3, the use or processing of your Data, including any Personal Information
contained
in your Data, for the purpose of sending you any Communications; and
subject to Clause 5.3, the use or processing by our Business Partners of your Data, including
any
Personal Information contained in your Data, for the purpose of sending you Business Partner
Communications.
We follow strict security procedures to ensure that your Data is protected and that it is not damaged
or
destroyed. All Data is kept in a secure place with restricted physical or electronic access, and with
confidentially preserved. Only the senior management team of the Provider is permitted access to the
Data.
Notwithstanding the aforesaid, you expressly acknowledge and agree:
that the transmission of information via the internet is not completely secure. We will do our
best to
protect your Data but we are unable to guarantee the security of your Data submitted or provided
through
or in connection with our Website, and accordingly, any submission or provision of Data is made
at your
own risk; and
that the transfer and processing of your Data may be undertaken in countries outside of
Australia, which
may not provide the same level of data protection as Australia. If we do make such a transfer or
if your
Data is to be processed outside Australia, we will put a contract in place to ensure your Data
is
protected or where applicable, is covered by the US ‘Safe Harbor Program’.
You may inform us by way of email sent to info@23digital.com.au if you
wish to exercise your right to opt out of
receiving any Communications from us or Business Partner Communications from our business partners. If
you do
opt out, this may preclude you from receiving any of our special offers or promotion, whether offered by
us or
by any business partners in future.
COOKIES
As with the majority of websites on the internet, when you visit the Website, our computer server will
automatically send you a cookie. A cookie is a small ‘log-file’ that can be placed on your computer’s
hard disk
for record-keeping purposes and we may use them to do a number of things:
cookies help us to recognise you when you next visit our Website and note the advertisements
displayed
to you. This allows us to tailor the promotions we provide to your preferences. We may use the
services
of third party servers for this purpose;
cookies may be used to compile anonymous statistics related to the take up or use of Services,
or to
patterns of browsing. A third party may collect such data on our behalf to measure the
performance of
the Website. Information collected is aggregated for reporting purposes, and no personally
identifiable
information is collected by this service. The use of this service assists us in measuring and
improving
the structure and ease of use of the Website;
we may also track IP addresses. An IP Address is a number that can identify an Internet Service
Provider, country location etc. It cannot provide personal information. We will not use the IP
Address
to build a profile on Users, we only use the information for demographic and statistical
purposes.
It is also possible that others may download cookies to your computer when you access, visit or use the
Website.
We cannot control nor do we have access to any cookies placed on your computer by such other persons.
Cookies cannot be used by themselves to identify you. You are not obliged to accept cookies and may
modify your
browser so that it will not accept cookies. If you do disable cookies, many of the Services may not be
available
to you.
RETAINING AND DELETING DATA
Upon termination of your access to the Website in accordance with the general T&C, we may still be
required
to retain your Data in order to comply with legal obligations, prevent fraud, collect fees owed (if
any),
resolve disputes and troubleshoot problems etc, but always done within a legal framework.
When you request for your Data to be removed in accordance with Clause 5.3, you will be added to a
suppression
list to ensure your request is complied with. All Data is used and processed in line with the
requirements of
the National Privacy Principles.
INFORMATION REQUESTS
You have a right to ask for a copy of your Personal Information and are obliged to correct any
inaccuracies in
your Personal Information. If you are unable to use our Website to correct such inaccuracies, you may
ask us to
do so on your behalf (where possible). To make sure we follow your instructions correctly and to improve
our
services to you through training of our staff, if your request is made orally, we may monitor or record
your
telephone calls with us.
Unless the Personal Information relates to an individual which you are legally responsible for (such as
a
minor), you may not give us Personal Information about any other person. If you do so, you confirm that
they
have appointed you to act for them, to consent to the processing of their Personal Information,
including
sensitive personal data, to the transfer of their Personal Information abroad and to receive on their
behalf any
Communications from us or any Business Partner Communications from our business partners.
MODIFICATION OF PRIVACY POLICY
This Privacy Policy may be modified from time to time as a result of any changes in the law, best
practice
and/or in the Website without notice to you. The most current version of this Privacy Policy as posted
on this
page shall supersede all previous versions.
It is your responsibility to check regularly to determine whether a new version of the Privacy Policy
has been
uploaded.
QUESTIONS
If you have any questions about this Privacy Policy, the practices of the Website, or your dealings
with the
Website, you can email the Data Officer at info@23digital.com.au
