Privacy Policy
Pink Diamond Exchange Pty Ltd ACN 650 141 718 trading as Australian Pink Diamond Exchange and its related companies are committed to protecting your personal privacy. This Privacy Policy is set up in accordance with the key privacy principals establishing the minimum legal standard we are required to meet in handling personal information we collect, store, use or disclose. We encourage you to read this policy carefully so that you understand our information handling practices.
By submitting personal information to us (including in store, via our website or social media sites or purchasing and using our goods and services), you accept the terms of this privacy policy, and consent to our use, collection, disclosure and retention of personal information as described in this Privacy Policy.
If you do not agree to any provisions in this Privacy Policy, you should not disclose any personal information to us.
Information we collect
In order to provide our customers with our products and services, we may collect and use personal information about you or third parties. If we are not provided with all the personal information we request, we may not be able to supply our products and services.
The type of information we collect includes names, addresses, credit card details (if you buy products or services from us) and other contact details.
We do not normally collect or store ‘sensitive information’, as defined in the Privacy Act 1988 (Cth) (e.g. information about ethnic origin, religious beliefs or health). However, if we do, we will only collect that information with your consent or as otherwise permitted by law.
How we collect personal information
Generally, we collect an individual’s personal information from that individual. For example, we may collect information in person, by telephone, online or in writing. If you submit an order (including by telephone or online), we will collect information necessary to fulfil that order.
However, occasionally we may also collect personal information from someone other than the individual, for example from any other organisation with which you have had any dealings, or from publicly maintained records.
How we store personal information
We take all reasonable steps to keep secure any personal information which we hold about you and to protect your personal information from loss, misuse or unauthorised alteration. Any personal information you provide to us is stored in either electronic or hard copy form or other formats. Unfortunately, since no system is 100% secure or error-free, we cannot guarantee that your personal information is totally protected, for example, from hackers or misuse. Except to the extent that liability cannot be excluded or limited due to applicable law, we assume no liability or responsibility for disclosure of your personal information due to unauthorised third party access, errors in transmission or other causes beyond our control. We are not responsible or liable for the security of data sent via the internet.
Access to personal information is limited to those of our personnel who specifically need it to carry out their business responsibilities. We also maintain physical security procedures to manage and protect the use and storage of records containing personal information.
If you enter or upload personal information on our website, you should exercise due care to safeguard any passwords and usernames created by you.
We will take reasonable steps to destroy or permanently de-identify any personal information from our records and systems which is no longer required by us. We may retain your personal information even after you have completed your transactions with us if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud or abuse or enforce this Privacy Policy and our terms and conditions. We may retain personal information for a limited period of time, if requested by law enforcement.
Marketing
We may use your personal information to advise you of new products and marketing initiatives that we think may be of interest to you. This may include product and service offerings, newsletters and general information about us.
If you prefer not to receive information about our products and services you can ask to be removed from the relevant circulation list by contacting us, using the details listed below.
We never disclose personal information to a third party for the purpose of allowing them to direct market their products or service to you, unless you have expressly consented to that disclosure.
Access
If at any time you want to know what personal information we hold about you, you are welcome to request access to that information by contacting us, using the details listed below. However, in order to protect your privacy and security, we will take reasonable steps to verify your identity before granting you access or enabling you to make corrections of your personal information. We may charge a fee to cover the reasonable costs we incur in processing your request.
Our objective is to respond to any request to access personal information within a reasonable timeframe and no later than thirty (30) days. We will endeavour to inform you if this timeframe is not achievable.
We may also choose to deny your request for access where:
- The provision of access is likely to pose a serious threat to the safety of an individual or the public;
- The access impacts on the privacy of others;
- The request for access is frivolous or vexatious;
- There are existing or anticipated legal proceedings;
- Such access can be denied under law or by a law enforcement agency; or
- Granting access would impact on a commercially sensitive decision making process.
If we deny your request for access, we will let you know why.
Quality & correction
At all times we strive to ensure that the information we hold about you is accurate, complete and up-to-date. If at any time you believe the personal information that we hold about you is incorrect, incomplete or inaccurate, you should let us know. We will use all reasonable efforts to correct the information.
Website & cookies
To ensure we are meeting the needs and wants of our website users, and to develop our online services, we may collect aggregated information by using cookies or similar electronic tools.
Cookies are small amounts of information sent from a web server to your computer. These cookies are used to retain login and location information in order to make your experience more convenient and personal. We do not use cookies to track your internet activity before or after you leave our website. No other business has access to our cookies.
We do not use this technology to access any personal information of a user in our records and a user cannot be personally identified from a cookie.
Purpose of collection
We collect personal information so we can:
- Meet our legal obligations;
- Identify our customers, potential customers and their representatives;
- Inform you or others of any initiatives we think may be of interest to you or them;
- Inform you or others about our products and services and the benefits of using our products and services;
- Provide you or others with information about offers or other benefits that may become available;
- Seek your opinion or comments about our products and services;
- To provide goods, services or other benefits to be offered to customers, or for purposes necessary or incidental to the provision of goods, services or other benefits to you;
- Carry out billing and/or debt recovery activities;
- Carry out our management, administrative quality assurance and complaint handling activities in a professional and efficient manner; and
- Develop and implement initiatives to improve our products and services.
Use and Disclosure
We use and disclose the personal information we collect for the purposes indicated above, and for other secondary purposes, as permitted by the Privacy Act 1988 (Cth).
We usually disclose the personal information we collect to our related entities, service providers and contractors, who help us supply our products and services. For example, we may disclose the personal information we collect to our information technology providers who are providing services to you and professional advisors such as legal practitioners and accountants.
Except where indicated above, we will not use or disclose your personal information to a third party unless:
- You have consented to the use and disclosure; or
The third party is our service provider or contractor, in which case we will require them to use and disclose the personal information only for the purpose for which it was provided to them.
International Disclosure
Personal information, including personal information obtained from our website, may be stored, disclosed, processed in or transferred outside of Australia from time to time. The countries in which the personal information is received may not have data protection laws equivalent to those in force in Australia.
You acknowledge and agree to such international data and information transfers with respect to personal information. Clause 8.1 of the Australian Privacy Principles contained in Schedule 1 of the Privacy Act 1988 (Cth) provides that if we disclose personal information about an individual to an overseas recipient, then we must take such steps as are reasonable in the circumstances to ensure the overseas recipient does not breach the Australian Privacy Principles in relation to such information. An exception to this is if we obtain your consent. We intend to rely on this exception in the following way. Unless you notify us in writing to the contrary, you will be taken to have consented to the disclosure by us of personal information to overseas recipients on the basis that:
- Clause 8.1 of the Australian Privacy Principles will not apply to such disclosure;
- The individual whose personal information is disclosed will not be able to seek redress under the Privacy Act 1988 (Cth);
- The overseas recipient may not be subject to any privacy obligations or to any principles similar to the Australian Privacy Principles;
- The individual may not be able to seek redress in the overseas jurisdiction; and
- The overseas recipient is subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.
Changes to our Privacy Policy
As our business evolves our business processes and policies will be reviewed and may be revised. We may change our Privacy Policy at any time. We will notify you of any change by posting an updated version of our Privacy Policy on our website. Please check our website regularly.
Complaints
We are committed to constantly improving our procedures so that personal information is treated appropriately. If you have any questions about our Privacy Policy, or have a problem or complaint, please let us know. We will respond to a complaint as soon as possible, but within 10 working days, to let you know who is responsible for managing your complaint. We will also try to resolve the complaint within 30 days. When this is not possible, we will endeavour to contact you within that time to let you know how long it will take to resolve the complaint. Our contact details are:
Privacy Officer
Australian Pink Diamond Exchange
Address: 4/ 123 Clarence Street SYDNEY 2000 NSW Australia
E-mail: privacy@apdx.com.au