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Privacy Policy

Effective Date: [Insert Effective Date]

1. Introduction

D-EFFCON Pty Ltd (“D-EFFCON”, “we”, “us”, or “our”) understands the importance of keeping your data private and secure. This Privacy Policy (“Privacy Policy”) outlines how your information is collected, used, and disclosed when you access or use our website d-effcon.com.au (“Site”) and any related services (“Services”) as defined in our Website Terms and any Software Terms of Use between you and us. This information is collected, used, and disclosed in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles (APPs).

If you would like more information, please don’t hesitate to contact us. This Privacy Policy is incorporated by reference into our Terms. Any capitalised terms not defined in this Policy are defined in the Terms. By accessing or using our Services, you agree to comply with all Terms, including this Privacy Policy.

2. What Information Do We Collect and How Is It Collected?

We collect Personal Information, as defined in the Privacy Act (including Sensitive Information as defined in the Privacy Act), when you access or use our Services.

2.1 Personal Information Provided by You

We collect information that you provide to us through the use of our Services and any other means of contact, including when you:

• Enter into any agreement with us;
• Create an account with us;
• Add information to your user profile;
• Submit reviews, forum or chat room messages, or comments on any elements of the Site that permit user-generated content;
• Register for access to premium content or request certain premium features;
• Complete an online contact form to contact us or any third-party supplier;
• Visit or use the Site;
• Provide information to us by telephone or through marketing or competition application forms; and
• Send us an email or other communication.

Types of Personal Information We Collect Include:

• Contact Information: Name, email address, date of birth, organisation, residential, business, and postal address, phone or mobile number.
• Business Information: Information relating to your business or organisation.

We reserve the right to maintain, store, and use any information or data where we reasonably believe such action is required to comply with legal or regulatory obligations, prevent criminal or unlawful activity, or where we have a legitimate business reason, including collection of amounts owed, resolving disputes, enforcing our Terms, or for record-keeping integrity.

Third-Party Communications:

Some features of the Services may allow you to elect third parties for us to send communications to (such as by email). If you provide us with the details, including any email, of any third party, you warrant and represent to us that:

• You consent to us contacting and communicating with that third party in accordance with this Privacy Policy;
• You are authorised to, and have obtained the consent of, such third party to receive communications from us, in accordance with this Privacy Policy;
• You will ensure that the third party understands, agrees to, and complies with this Privacy Policy.

You agree to indemnify and hold D-EFFCON harmless against all actions, claims, charges, costs (including legal costs on a full indemnity basis), expenses, losses, damages, and other liabilities that they may sustain or incur, directly or indirectly, as a result or consequence of your breach of this paragraph 2.1.

2.2 Automatically Collected Personal Information

We automatically record information from your device and its software when you access our Services, including:

• IP address
• Computer, browser, and device type
• Connection information
• Internet service provider
• Mobile phone carrier
• Platform type
• The website from which you came and the website to which you are going when you leave our Services
• Date and time stamps
• Cookies that may uniquely identify your browser or account

When accessing our Services using a mobile device, we may also receive and collect identification numbers associated with your device, mobile carrier, device type and manufacturer, and, if enabled, geographical location data (including GPS). Please note that some of the information we collect, for example, an IP address, can sometimes be used to approximate a device's location.

We may collect additional information, including automated data feeds from your business's website or third-party websites, in accordance with a separate services agreement. If this is the case:

• You are solely responsible for supplying the automated data extract in accordance with such agreement.
• You must store any data extract files in your local infrastructure until we confirm that the files have been received by us.
• You must back up and retain any data extract files for traceability.

2.3 Personal Information Collected via Cookies

Our Services may use small pieces of data called cookies to identify a user who engages with our Services and to compile records of a user’s history of engaging with our Services. Cookies are stored by a user's browser while the user browses a website. Cookies do not usually contain information that personally identifies a person, but each time the user visits the website, the browser sends the cookie data back to the server to notify the system of the user's previous activity.

If you wish to disable cookies, you may do so through your browser settings. We may use cookies for the following purposes (non-exhaustive):

• Track the pages visited, links clicked, non-sensitive text entered, and mouse movements during your use of our site.
• Remember your preferences for using this site.
• Manage the signup process when you create an account with us.
• Recognise you as logged in while you remain so, avoiding the need to log in again every time you visit a new page.
• Show relevant notifications to you (e.g., notifications relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services).
• Remember details of data that you choose to submit to us (e.g., through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc.).

Third-Party Services:

We may also use third-party services such as Google Analytics and Google AdSense:

• Google Analytics: Allows us to anonymously track the use of our Services by recording the number of users who have visited, the number of pages viewed, navigation patterns, how long a user has spent on the Site, what systems users have, and the date and time of visits through cookies. This information is collected for statistical purposes only and cannot be used to identify you.
• Google AdSense: Uses cookies to serve more relevant advertisements across the web and limit the number of times that a particular advertisement is shown to you.

3. For What Purposes Do We Collect and Use Personal Information?

We collect your Personal Information as outlined in this Privacy Policy for the purposes described below:

• Provision of Services: To provide and manage our Services.
• Communication: To communicate with you and provide messaging and/or communications in association with the functions and features of the Services.
• Announcements and Updates: To communicate any announcements and updates, updated terms, conditions, and policies, security alerts, technical notices, support, and administrative messages.
• Analysis and Improvement: For analysis, monitoring, development, and improvement of our Services, including other products or services.
• Security: For security purposes, including to protect the Services and our property from abuse, fraud, malicious, unauthorized access, or potentially illegal activities, and to protect our rights, safety, and property and that of our other users.
• Marketing Communications: For sending marketing communications to you, including notifying you of promotional or advertising offers, contests and rewards, upcoming events, and other news about products and services offered by us and use of our Services.
• Legal Compliance: To comply with relevant laws and regulations where applicable.
• Other Functions: For the performance of other functions described at the time of collection or as consented to in relation to our Services.

4. How Do We Store and Protect Your Information?

4.1 Storage of Personal Information

We are committed to maintaining the confidentiality of the information and data that you provide us. We take reasonable steps to protect your Personal Information in accordance with this Privacy Policy. The Personal Information we collect from you is transferred and stored electronically via a secured SSL connection, in secured, encrypted digital cloud storage locations located in Australia, the US, and overseas. You agree and consent to D-EFFCON storing your Personal Information on such servers. Additionally, firewalls, anti-virus software, and email filters help to protect all of our electronic information.

4.2 Who Can Access Your Personal Information?

Your Personal Information is accessible to our employees, contractors, and our third-party service providers such as our website host and technical support providers. We may also store your Personal Information in password-protected email databases for the purpose of sending out communications and marketing emails in accordance with this Privacy Policy.

Please note that no method of electronic transmission or storage is 100% secure, and we cannot guarantee the absolute security of your Personal Information. Transmission of Personal Information over the Internet is at your own risk, and you should only enter, or instruct the entering of, Personal Information to the Services within a secure environment. It is your responsibility to ensure that you keep your Personal Information safe, including keeping your software up to date to prevent security breaches.

We reserve the right to maintain and store any information or data where we reasonably believe, in our sole discretion, that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms, or for record-keeping integrity.

We destroy or de-identify your Personal Information after 2 years where it is no longer needed for the purposes outlined in this Policy. However, we may also be required to keep some of your Personal Information for specified periods of time, for example, under certain laws relating to corporations, money laundering, and financial reporting legislation.

5. To Whom Is Your Personal Information Disclosed?

Your Personal Information may be disclosed to individuals and companies for the purposes described in this Policy, as outlined below:

5.1 D-EFFCON and Related Bodies Corporate

Your Personal Information may be accessed by us, including our directors, employees, officers, and contractors. You consent to us providing your Personal Information, including Sensitive Information, to our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)).

5.2 Parties Required by Law

Your Personal Information may be disclosed by us to any party to whom we are required by law to provide your Personal Information and to any party to whom disclosure is permitted under the Australian Privacy Principles, or where we reasonably believe that disclosure is required to comply with any court orders, subpoenas, or other legal process or investigation, including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify you if we are required by law to disclose your Personal Information.

5.3 Direct Marketing

You agree and expressly and indefinitely consent to us using or disclosing Personal Information (other than Sensitive Information) to keep you informed about our products and services and other products and services that we consider may be of interest to you. For this purpose, disclosure may be made to our third-party service providers. We may communicate with you via phone, email, social media, SMS, or regular mail. If you have indicated a preference for a method of communication, we will endeavour to use that method wherever practical to do so.

You can opt-out of direct marketing communication activities undertaken by us at any time by:

• Clicking the “unsubscribe” or “opt-out” link on email communications from us;
• Replying ‘Stop’ to a promotional SMS; or
• Contacting us by phone or email.

5.4 Other Third Parties

We may share your Personal Information with third parties if it is reasonably related to the provision of our Services. The third parties that we may share your Personal Information with include consultants, contractors, credit agencies, debt collection agencies, and other service providers that perform services on our behalf. Such services we procure may include identifying and disseminating advertisements, enforcement of our Terms, providing fraud detection and prevention services, processing payments, or providing analytics services. We may also share your Personal Information with our business partners who offer goods or services to you jointly with us (for example, contests or promotions).

We may share your Personal Information where we have reason to believe that doing so is necessary to:

• Identify, contact, or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities.

We may also share your Personal Information with third parties with your consent in a separate agreement, in connection with any company transaction (such as a merger, sale of assets or shares, reorganisation, financing, change of control, or acquisition of all or a portion of our business by another company or third party) or in the event of bankruptcy, dissolution, divestiture, or any related or similar proceedings.

Note: We reserve the right to share your Personal Information with other third parties where, in our sole discretion, it is required to:

• Investigate and defend ourselves against any third-party claims or allegations;
• Protect against harm to the rights, property, or safety of D-EFFCON, its users, or the public as required or permitted by law; and
• Detect, prevent, or otherwise address criminal (including fraud or stalking), security, or technical issues.

5.5 Overseas Disclosure

Please note that some of the parties listed above to whom your Personal Information may be disclosed may be located overseas, including but not limited to countries such as the US.

We consider that the collection and processing of this information is necessary to perform a contract between you (or your organisation) and D-EFFCON and to pursue our legitimate interests in a way that might reasonably be expected (e.g., to analyse how our clients use our services, develop our services, grow our business, and to operate, maintain, repair, or otherwise improve or enhance user experience) and which does not materially impact your rights, freedom, or interests.

We use reasonable steps to ensure that these parties are either governed by substantially similar, accessible, and enforceable laws to the Australian Privacy Principles or adhere to the Australian Privacy Principles. However, to the maximum extent permitted by law, we are not liable for the privacy practices of such parties.

Please note that the transfer of your Personal Information to such overseas parties may pose risks to the security of your Personal Information as these countries may not have been issued with an adequacy decision as set out in the GDPR (see paragraph 12) or have appropriate safeguards in place. However, by providing your Personal Information to us, you acknowledge and consent to the disclosure of Personal Information to such overseas recipients.

6. Publicity

Unless otherwise specified by you in writing, you expressly consent to our disclosure of your name as a customer of ours and/or user of the Services, and you grant us the right to display your name and logo in our marketing materials and on our website, in each case in accordance with any branding guidelines you may provide to us.

7. Third-Party Websites and Social Media

Our Services may, from time to time, contain links to and from websites that are owned or operated by other parties. You acknowledge and agree that D-EFFCON has no control over, and shall not be liable for, the privacy practices or content of these third-party websites. D-EFFCON does not make any representation about the privacy practices of any third-party websites, whether or not linked from or transferred from our Services. You are responsible for checking the privacy policy of any such websites and applications so that you can be informed of how they will handle Personal Information.

Social Media Platforms:

We run pages on a number of social media platforms, including Facebook, Instagram, Pinterest, and Google Plus (“Social Media Platforms”). By accessing, interacting with, and using our social media pages, you agree to the terms and privacy policies of those Social Media Platforms. You acknowledge and agree that these Social Media Platforms may collect your information and that the privacy practices of those Social Media Platforms are not controlled by us, and we hold no responsibility for such privacy practices.

Social Media Platforms also allow public access to your public social media profile, which may include your username, age range, country/language, list of friends, or other information that you make publicly available. You understand that such information may therefore be accessible by us if you interact with our social media pages.

We may from time to time have access to statistics regarding the number of views, navigation patterns, posts that you like, comment on or share, and any user interactions with our social media pages and may use such information for the purpose of our marketing and promotion strategies.

8. How Can You Access or Update Your Personal Information?

At any time, you may request access to the Personal Information we hold about you. We may refuse to provide access in some cases by providing reasons for such refusal, including where the Personal Information relates to existing or anticipated legal proceedings and the information would not be accessible by the process of discovery in those proceedings, or if giving you access would:

• Be unlawful (e.g., where a record that contains data about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
• Have an unreasonable impact on another person’s privacy; or
• Prejudice an investigation of unlawful activity.

We take reasonable steps to keep your Personal Information accurate, complete, and up-to-date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information deleted or corrected.

You may request access to the information we hold about you, or request that we delete, update, or correct any Personal Information we hold about you, by setting out your request in writing and sending it to us in accordance with paragraph 11.

D-EFFCON will process your request as soon as reasonably practicable, provided that we are not otherwise prevented from doing so on legal grounds. If we are unable to meet your request, we will let you know why.

9. How Can You Make a Complaint About Our Privacy Practices?

You may submit a written complaint about how we handle your Personal Information to our Privacy Officer via the details below. If you are not satisfied with our handling of your complaint or we have not replied to you within a reasonable period of time, then you are entitled to make a complaint to the Office of the Australian Information Commissioner or, if you are in the EU, a data protection authority or supervisory authority.

10. Amendments

We reserve the right to amend this Privacy Policy from time to time as we see fit. While we endeavour to notify you as soon as reasonably possible of any changes to our Policies by email or by a notice on our Services, it is your responsibility to keep up to date with any changes or amendments by checking this page prior to using our Services. This page contains our most accurate and up-to-date version of our Privacy Policy.

11. Contact Us

All requests for access or corrections to your Personal Information and complaints should be directed to our Privacy Officer. If submitting a complaint, please provide our Privacy Officer with full details of your complaint and any supporting documentation via info@d-effcon.com.au or the contact methods listed on our Contact page.

If you are not satisfied with our handling of your complaint or we have not replied to you within a reasonable period of time, then you are entitled to make a complaint to the Office of the Australian Information Commissioner.

12. Application of GDPR

For the purpose of clarity, data processing of individuals in the European Union (EU) is carried out only occasionally, and as such, no EU representative has been designated. However, the General Data Protection Regulation (GDPR) (EU) 2016/679 may apply to you if you are a resident of, reside in, or are located in the EU.

If the GDPR applies, in this Privacy Policy, “Personal Information” shall also include the definition of “Personal Data” under the GDPR, and terms that are defined in the GDPR shall be defined in this Privacy Policy in accordance with the GDPR.

If the GDPR applies, this paragraph applies in addition to the above paragraphs to the extent that we are acting as a “Data Controller” with respect to your Personal Information.

12.1 Consent and Right to Withdraw Consent

By clicking accept to this Privacy Policy or otherwise notifying us of your acceptance of this Privacy Policy, you agree that you are providing express, freely given consent to us processing your Personal Information for the purposes outlined above and that we may lawfully process your Personal Information on the basis of this consent.

To the extent that our legal basis for processing your Personal Information is consent, you have the right to withdraw consent to the collection of your Personal Information at any time by sending us a written request to do so via the contact details above.

If you object to the processing of your Personal Information, or if you have provided your consent to the processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:

• Such objection or withdrawal of consent could mean that we are unable to provide our Services to you and could unduly prevent us from legitimately providing our Services to other customers/clients, subject to appropriate confidentiality protections; and
• Even after you have chosen to withdraw your consent, we may be able to continue to keep and process your data to the extent required or otherwise permitted by law, in particular:
  • To pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact your rights, freedoms, or interests; and
  • In exercising and defending our legal rights and meeting our legal and regulatory obligations.

12.2 Legal Basis

Our legal bases for collecting and processing your Personal Information for the purposes listed above may be:

• Your express consent;
• Our legitimate interests in providing information about the Services to you or providing the Services to you and improving and developing the Services; and/or
• In order to perform a contract (whether verbal or written) for you in order to provide paid Services to you.

12.3 Your Rights

We have summarised your rights under the GDPR, but please note that not all of the details of your rights have been included in these summaries. Please ensure to read the relevant laws and guidelines for a full explanation of these rights.

You may exercise these rights by contacting us to notify us of the rectification or provide information to complete your Personal Information.

• Right of Access: You have a right to obtain confirmation as to whether or not your Personal Information is being processed and, if so, you may request access to that Personal Information and further information, including the purposes of the processing, the categories of Personal Information concerned, and the recipients of the Personal Information. The first copy of such information will be provided free of charge, but additional copies may be subject to a reasonable fee.
• Right of Rectification: You have the right to obtain the rectification of inaccurate Personal Information concerning you and you have the right to have incomplete Personal Information completed.
• Right to Erasure: You have the right to obtain the erasure of your Personal Information without undue delay if:
  • The Personal Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
  • You withdraw consent to consent-based processing;
  • You object to the processing under certain rules of the GDPR; or
  • The Personal Information has been unlawfully processed.
• However, there are exclusions of the right to erasure, such as where processing is necessary to exercise the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defence of legal claims.
• Right to Restriction of Processing: You have the right to restrict the processing of your Personal Information if:
  • You contest the accuracy of the Personal Information;
  • Processing is unlawful but you oppose erasure;
  • We no longer need the Personal Information for the purposes of our processing, but you require Personal Information for the establishment, exercise, or defence of legal claims; or
  • You have objected to processing, pending the verification of that objection.
• Where processing has been restricted on this basis, we may continue to store your Personal Information; however, we will only process it with your consent, for the establishment, exercise, or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest.
• Right to Data Portability: To the extent where your Personal Information has been provided based on consent, under a contract, or where processing is carried out by automated means, you have a right to receive Personal Information concerning you in a structured, commonly used, and machine-readable format, and you have a right to transmit that data to a Data Controller, except where this would adversely affect the rights and freedoms of others.
• Right to Object: You have the right to object to our processing of your Personal Information for direct marketing purposes. If you make such an objection, we will cease to process your Personal Information for this purpose.

13. Children's Privacy

[(Optional Section) If your Services are not directed to individuals under the age of 18, or if you do collect information from minors, include appropriate statements here.]

14. Data Breach Notification

In the event of a data breach that is likely to result in serious harm to any individual whose Personal Information we hold, we will notify the affected individuals and the Office of the Australian Information Commissioner (OAIC) as required by law.

15. Definitions

• Personal Information: Any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not.
• Sensitive Information: Includes information or opinion about an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic information, biometric information processed solely to identify an individual, information about health, or information about a criminal conviction or offence.

16. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will notify you of any significant changes by posting the new Privacy Policy on our Site with a new effective date. Your continued use of our Services after such changes constitutes your acceptance of the new Privacy Policy.

17. Contact Us

If you have any questions about this Privacy Policy, please contact our Privacy Officer:

• Email: info@d-effcon.com.au
• Address: [Insert Physical Address]
• Phone: [Insert Contact Number]

For complaints about our handling of your Personal Information, please contact our Privacy Officer using the details above. If you are not satisfied with our response, you have the right to lodge a complaint with the Office of the Australian Information Commissioner.

Note: This Privacy Policy template is provided for general informational purposes only and does not constitute legal advice. You should consult with a qualified legal professional to ensure that your Privacy Policy complies with all applicable laws and regulations.