PRIVACY POLICY

1. INTERPRETATION

(a) In this Privacy Policy:

(i) “content” means any text, file, image, video, sound, work or other material;

(ii) “personal information” means information or an opinion which relates to a reasonably identifiable individual;

(iii) “posting” means displaying or publishing by any means;

(iv) “Privacy Act” means the Privacy Act 1988 (Cth);

(v) “privacy officer” means the privacy officer appointed by the business from time to time;

(vi) “related entity” has the meaning given by the Corporations Act 2001 (Cth);

(vii) “services” means our website, short message service messages, email notifications, applications, advertisements and other services;

(viii) any reference to “we”, “us” or “our” is a reference to Evan Campbell – trading as ADVIKATE™;

(ix) any reference to “you” or “your” is a reference to a user of our services; and

(x) any reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of this Privacy Policy.

2. PURPOSE

(a) The purpose of this Privacy Policy is to explain the way we collect, hold, use and disclose personal information in accordance with the requirements of the Privacy Act.

3. PRIVACY ACT

(a) We will do any act, matter or thing required to comply with the Privacy Act and any other applicable law.

4. ACKNOWLEDGEMENTS

(a) You acknowledge that you understand that:

(i) Evan Campbell – trading as ADVIKATE™ – is a clothing and apparel business with social media pages that may be used to share content, including personal information about you, with other users of our services and social media pages but not without your express consent; and

(ii) Other users of our services and social media pages may access, use or post any content you give express consent for us to post using our social media pages and website, including personal information about you.

5. COLLECTION OF PERSONAL INFORMATION

(a) We collect and hold the following kinds of personal information:

(i) names;

(ii) usernames;

(iii) email addresses;

(iv) mobile numbers;

(v) passwords;

(vi) information required to complete our account registration form;

(vii) information included by users in their profiles;

(viii) information in content created or posted using our services;

(ix) information in communications between us and users of our services;

(x) information provided to us by analytics services based on other information;

(xi) information in cookies and other like technologies;

(xii) log file information provided by browsers;

(xiii) device identifiers; and

(xiv) information in metadata.

(b) We collect personal information:

(i) directly provided to us by users of our services by completing our account registration form, including information in their profiles, communicating with us and creating and posting content using our services;

(ii) from analytics services used by us;

(iii) using cookies and other like technologies;

(iv) using log file information provided by your browser;

(v) using device identifiers stored on your devices; and

(vi) using metadata.

6. STORAGE OF PERSONAL INFORMATION

(a) We store personal information in electronic form and, from time to time, in paper form and we may store personal information in a network of servers in the cloud.

(b) We may store personal information in Australia or any other country in which Evan Campbell – trading as ADVIKATE™ – may, from time to time, have storage facilities.

(d) You acknowledge that you understand that we may store personal information about you in a country which does not have equivalent data protection laws to Australia.

(e) You authorise us to store personal information about you in and transfer personal information about you to our storage facilities and sub-contractors in other countries in accordance with this Privacy Policy.

7. USE OF PERSONAL INFORMATION

(a) We use personal information collected and held by us for the following purposes:

(i) to provide, test and maintain our services;

(ii) to develop new products and features;

(iii) to monitor use of our services;

(iv) to diagnose and repair technological defects which relate to our services;

(v) to automatically update our application on your devices;

(vi) to enable you to access content posted using our services efficiently;

(vii) to enable you to access our services efficiently;

(viii) to provide you with personalised content, including advertising; and

(ix) to facilitate activities in connection with our services.

8. DISCLOSURE OF PERSONAL INFORMATION

(a) We may disclose information to third parties as follows:

(i) we may disclose personal information to a third party which forms part of the group of companies to which we belong for the purpose of providing our services or services related to our services in accordance with our Terms and Conditions (available here);

(ii) we may disclose personal information to a third party which does not form part of the group of companies to which we belong for the purpose of providing our services in accordance with our terms and conditions, but:

(A) we will only disclose such personal information as is reasonably necessary to provide our services;

(B) we will ensure that the recipient agrees to keep the personal information reasonably confidential before we disclose the personal information; and

(iii) we may disclose personal information to any third party to the extent necessary to comply with any applicable law.

(b) We may sell or transfer our assets, including our records of personal information, as we see fit, but we will ensure that the purchaser or transferee is obliged to comply with the terms of this Privacy Policy as varied from time to time.

9. PRIVACY OF CHILDREN

(a) If we become aware that a person under the age of thirteen (13) years old has used our services (contrary to our terms and conditions), we will delete any personal information which relates to him or her as soon as reasonably practicable.

10. ACCESS TO AND CORRECTION OF YOUR PERSONAL INFORMATION

(a) You may access the personal information about you held by us by contacting our privacy officer (see Clause 12) and requesting that he or she provide you with the personal information.

(b) Subject to Clause 9(d), we will provide you with the personal information you have requested under Clause 9(a) within a reasonable time after the request is made.

(c) We may charge you a reasonable fee to provide you with the personal information you have requested under Clause 9(a) if your request is especially complex or requires us to carry out extensive searches of our records.

(d) We may refuse to give you access to personal information about you held by us in the following circumstances:

(i) we reasonably believe that giving you access to the personal information may pose a serious threat to the life, health or safety of any individual, or to public health or public safety;

(ii) giving you access to the personal information may have an unreasonable impact on the privacy of other individuals;

(iii) the request is frivolous or vexatious;

(iv) the personal information relates to legal proceedings between us and you and would not be accessible by the process of discovery;

(v) giving you access to the personal information would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations;

(vi) giving you access to the personal information would be unlawful;

(vii) we have reason to suspect that a person has engaged in unlawful activity or misconduct of a serious nature which relates to our activities and giving you access to the personal information would be likely to prejudice appropriate action being taken in relation to the matter;

(viii) giving you access to the personal information is likely to prejudice enforcement activity;

(ix) giving you access to the personal information would reveal evaluative information generated by us in connection with a commercially sensitive decision-making process; or

(x) refusing you access is required or permitted by law.

(e) If you believe any personal information about you held by us is inaccurate, out-of-date, incomplete, irrelevant or misleading, you may request that we correct the personal information.

(f) If you request that we correct personal information about you held by us under Clause 9(d), we will respond to your request within a reasonable time after the request is made.

(g) In response to any request made by you under Clause 9(d), we will take reasonable steps to correct any personal information about you held by us to ensure that it is accurate, up-to-date, complete, relevant and not misleading.

11. COMPLAINTS

(a) If you believe that any person has breached our Privacy Policy or contravened the requirements of the Privacy Act or any other applicable law which relates to privacy, you may lodge a complaint with our privacy officer.

(b) We will respond to your complaint within a reasonable time after the complaint is made.

(c) If you are not satisfied with our response to your complaint, you may refer the matter to the Office of the Australian Information Commissioner (OAIC). Further information about complaints to the OAIC are available at this link.

12. CONTACT US

(a) If you wish to contact us regarding any matter in connection with this Privacy Policy, you may contact our privacy officer at: enquiries@advikate.au