1. GENERAL POLICY
This privacy policy (the Policy) relates to all personal information collected, held, used and disclosed by or on behalf of Agent Digital Pty Ltd ABN 71 648 832 419 (“ADPL”).
It covers all of our activities, including:
(1) our operation of the website at agentdigital.au (the Website) and
(2) our dealings with other parties including but not limited to clients, service providers, agents, representatives and regulatory agencies.
At ADPL, we take our privacy obligations seriously and are committed to ensuring that we handle personal information in accordance with the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) (Act).
ADPL is also committed to complying with our international obligations, where they apply. Under the Act, “personal information” is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
This Policy sets out:
1. the kinds of personal information that ADPL collects and holds;
2. how ADPL collects personal information,
3. how ADPL holds personal information;
4. the purposes for which ADPL collects, holds, uses and discloses personal information;
5. how you may access personal information about you that is held by ADPL and seek correction of it if there are any inaccuracies with respect to that information;
6. how you may complain about a breach of privacy and how ADPL will deal with such a complaint; and
7. the circumstances in which personal information is likely to be disclosed to overseas recipients and the countries in which such recipients are likely to be located.
2. COLLECTION OF YOUR PERSONAL INFORMATION
Where ADPL collects and holds personal information, it is collected and held for our business purposes, which are generally to fulfil our contractual and legal compliance obligations and to keep stakeholders including would-be clients informed of our activities and services.
These purposes include:
1. providing services to our clients, including working with clients and other organisations,
2. being responsive to traditional mail, email, website, facebook, messenger, weblog, and other social media inquiries,
3. educating the public about our activities,
4. undertaking human resources activities, and
5. making weblog, facebook and other social media entries.
Our business purposes are further detailed on this website. The kinds of personal information that we collect and holds include:
1. client names, contractor names, employee names, pseudonyms, telephone numbers, email addresses, physical addresses, gender information, date of birth information, and payment details;
2. bank account, superannuation fund and tax file number details;
3. contractual information between ADPL and clients, employees, and contractors;
4. any information required by organisations/entities that supply memberships and/or tickets of any kind to individuals; and
5. other information for our business purposes, which is reasonably necessary for, or directly related to, our functions or activities.
You might also share personal information with ADPL in connection with the types of services you wish to obtain and/or are obtaining from ADPL, the types of services you obtain from third parties such as ticketing companies, and feedback (including complaints) in relation to our services.
ADPL will collect personal information directly from you unless it is not reasonable or practicable for us to do so. ADPL may solicit personal information through our website, in documents, by means of our support platforms, in our Facebook/Messenger communications boxes, or in communications with our clients, contractors and others.
3. USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
ADPL may use and disclose your personal information for the purposes for which it has been collected, or for any other purposes to which you have consented. You may give ADPL your consent expressly, or it may be implied by your conduct. Subject to the requirements of the APPs, if you would reasonably expect the information to be used or disclosed for another purpose, ADPL may also use or disclose it for that purpose.
ADPL may, from time to time, send to you marketing material that ADPL consider will be useful to you, or other material about our activities. ADPL will only do this if we collected the information from you and you would reasonably expect us to use or disclose the information for that purpose, or if you have consented to receiving such communications. Generally, we will first obtain your consent. If you do not wish to receive this information, you can let us know and we will stop sending it to you within a reasonable period of time.
Depending on the service, your personal information may be disclosed to:
1. external service providers including contractors and agents in relation to:
(a) the completion of work,
(b) the storage of information on, and management of databases,
(c) the management of website and email traffic,
(d) the processing of payment including credit card information, and
(e) other matters.
This disclosure will always be made on a confidential basis and such service providers will be limited in their use of your information to the purpose of ADPL’s activities only.
2. specialist advisers who have been engaged to provide ADPL with legal, administrative, financial, accounting, insurance, research, marketing or other services.
3. regulatory bodies which oversee or impact on our operations, including the Australian Competition and Consumer Commission and the Australian Taxation Office.
4. any other person authorised by you, as specified by you, such as your agent, manager, accountant and lawyer.
ADPL may at other times notify you about our disclosure practices in relation to specific services that we provide in relation to our activities.
In addition, we may use or disclose personal information:
1. if authorised or required by or under an Australian law or court/tribunal order or by request of an Australian government authority;
2. if ADPL reasonably believe that the use or disclosure is necessary to take appropriate action in relation to suspected unlawful activity or misconduct;
3. if ADPL reasonably believe that the use or disclosure is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body;
4. if reasonably necessary for the establishment, exercise or defence of a legal or equitable claim or for the purposes of confidential dispute resolution;
5. if ADPL reasonably believe that the use or disclosure is necessary to lessen or prevent a serious threat to life, health or safety and it is unreasonable or impracticable to obtain your consent; and
6. ADPL actually or reasonably believes that the use or disclosure is reasonably necessary in order to locate a person reported as missing.
Where ADPL disclose personal information to third parties, whether or not permission is obtained in advance from the providers of that information, we impose strict obligations of security and confidentiality regarding the way they handle that information. ADPL do not grant them permission to retain or transfer that personal information.
4. SECURITY OF YOUR PERSONAL INFORMATION
Once collected, ADPL hold personal information in a number of different formats, including (but not limited to) software programs (located both onsite and offsite, including in the cloud), databases, filing systems and in offsite backup storage. ADPL take reasonable steps to protect your personal information from loss, unauthorised access, modification, disclosure, interference or other misuse.
5. SENSITIVE PERSONAL INFORMATION
The Act imposes special obligations where sensitive information (including information relating to your racial or ethnic origin, membership of political bodies, religion or trade unions, sexual preferences or activities, criminal record, state of health or medical history) is collected, used and disclosed. ADPL may collect some forms of sensitive information. ADPL will not collect sensitive information about you unless you consent (we take your provision of the information to be consent to its collection), and the information is reasonably necessary for one or more of our functions or activities. If ADPL hold any sensitive personal information about you, that information will only be used and disclosed by ADPL for the purpose that it was provided by you.
ADPL’s services are hosted in and managed from Australia. If you are a user located outside Australia, you understand and consent to having any personal information processed in Australia. Australian data protection and other relevant laws may not be the same as those in your jurisdiction. This includes the use of cookies and other tracking technologies as described above. Accordingly, please read this Privacy Policy with care.
6. PERSONAL INFORMATION AND THE GENERAL USE OF COOKIES
From time to time ADPL will collect personal information as a result of our activities. We use the information we collect to provide services and features to our users, including: to measure and improve those services and features; to improve the user experience with both online and off-line services by delivering content he or she will find relevant and useful.
In some cases, we may use an unaffiliated payment service to allow you to purchase a product or make payments (“Payment Service”). If the user wishes to purchase a product or make a payment using a Payment Service, you will be directed to a Payment Service webpage. Any information that you provide to a Payment Service will be subject to the applicable Payment Service’s privacy policy, rather than the ADPL Privacy Policy. We have no control over, and are not responsible for, any Payment Service’s use of information collected through any Payment Services.
Cookies and other tracking technologies (such as pixels, beacons, and Adobe Flash technology) are comprised of small bits of data that often include a de-identified or anonymous unique identifier. Websites, apps and other services send this data to a users browser when he or she first requests a web page and then stores the data on the users computer so the website can access the information when the user makes subsequent requests for pages from that service. These technologies may also be used to collect and store information about a user’s usage of ADPL’s services, such as pages visited, content viewed, search queries run, and advertisements viewed.
ADPL uses these types of information to support the internal operations of ADPL’s services.
7. LINKED SERVICES
ADPL services may also be linked to sites operated by unaffiliated companies, and may carry advertisements or offer content, functionality, games, newsletters, contests or sweepstakes, or applications developed and maintained by unaffiliated companies. ADPL is not responsible for the privacy practices of unaffiliated companies, and once you leave the ADPL website or click an advertisement from an unaffiliated service-provider you should check the applicable privacy policy of the other service.
In addition, ADPL is not responsible for the privacy or data security practices of other organisations, such as Facebook, Messenger, Tumblr, Twitter, Instagram, Snapchat, YouTube, Spotify, LinkedIn, TikTok, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including in connection with any information you disclose to other organisations through or in connection with ADPL services.
8. THE GDPR AND ADDITIONAL INFORMATION FOR INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA (“EEA”)
If you are a resident of the European Economic Area (“EEA”) and ADPL services are directed to you, please note that the EU General Data Protection Regulation (GDPR) is a comprehensive data protection law that has strengthened the protection of “personal data” (being any information relating to an identified or identifiable natural person, or so called “data subjects”). In light of technological developments, more complicated international flows of personal data, and the increasingly global nature of business, the GDPR has created and implemented a single set of rules, directly enforceable in each EU member state. In addition to this Privacy Policy, if you would like to know more about our implementation of the requirements of the GDPR, please visit our GDPR Frequently Asked Questions listed at the foot of this Privacy Policy.
If you would like to receive an electronic copy of your personal information for purposes of providing it to another company, please contact us.
Regarding the location of data information provided above, some non-EEA countries such as Australia are not recognised by the European Commission as providing an adequate level of data protection according to EEA standards. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures to protect your personal information.
9. ACCESS TO YOUR PERSONAL INFORMATION
At any time, you may request access to personal information about you that ADPL hold by contacting our Privacy Officer at Privacy Officer, Agent Digital Pty Ltd, PO Box 360, Northampton WA 6535, Australia. ADPL will process your request within a reasonable time. If ADPL are not legally required to provide access to the personal information requested and do not exercise their discretion to do so, we will let you know of our reasons.
10. CORRECTION OF YOUR PERSONAL INFORMATION
You should promptly notify APLA if there are any changes to your personal information. You may ask ADPL at any time to correct personal information we hold about you by contacting our Privacy Officer at privacy@nullagentdigital.com.au or by mail addressed to: Privacy Officer, Agent Digital Pty Ltd, PO Box 360, Northampton WA 6535, Australia and ADPL must respond to you within a reasonable time. ADPL will generally comply with requests to correct personal information, however if we refuse, we will give you a written notice explaining our reasons for refusal and the means by which you can seek internal review of this decision.
11. DEALING WITH COMPLAINTS
If you have a complaint about ADPL’s breach of the APPs, you should contact our Privacy Officer at privacy@nullagentdigital.com.au or by mail addressed to: Privacy Officer, Agent Digital Pty Ltd, PO Box 360, Northampton WA 6535, Australia
ADPL will investigate your complaint and respond to you within a reasonable time and in accordance with our legal obligations. We will take any necessary corrective actions promptly.
12. CHANGES TO THIS POLICY
ADPL may amend this Policy from time to time, and the amended Policy will be published on the Website. Any changes will be effective as of the date they are posted on this page unless they are backdated to apply before that date.
For further information about privacy issues, visit the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.
13. GDPR FREQUENTLY ASKED QUESTIONS
(a) How do I request information on my rights under GDPR from ADPL? To request your GDPR rights from ADPL, please email ADPL.
(b) What is ADPL doing to meet GDPR requirements? ADPL has an updated Privacy Policy, Terms of Use and added a new Cookie and Technology Tracking Policy. We are also updating our third-party contracts/agreements.
(c) How can I request to opt-out of communications from ADPL and/or other third parties? To remove yourself from mailing lists and update your communications, email us. Within thirty days of receipt of your request, one of our representatives will update your records with the changes you’ve requested.
You can also unsubscribe from email communications from us by emailing us. Please note, you may not opt out of Service-related communications (e.g., account verification, product purchase and billing confirmations and reminders, changes/updates to features of the products, technical and security notices).
(d) How do I request deletion of my data or account? To request deletion of your personal data or member account email us. Make certain you include in your email, your name and any other details we may need to identify you. Within 30 days of receipt of your request, you will receive a notice from us indicating your personal information has been deleted. The deletion process cannot be undone. Following termination or deactivation of your account, ADPL, its affiliates, or its service providers may retain information (including your profile information) and User Generated Content for a commercially reasonable time for backup, archival, and/or audit purposes.
(e) How can I request a change in my account information? Email us, and advise us of the requested changes. Within 30 days of receipt of your request, we will update your account with the changes you’ve requested.
(f) Which countries does the GDPR cover? GDPR covers all countries in the EU, including the EEA countries: which are the EU countries plus Norway, Iceland and Liechtenstein.
