Terms Privacy Policy

'Terms Privacy Policy' Version: (29 May 2014 3:40:23 PM Australia/Perth)
 

 

Main Privacy Policy

Contents

 

 

Main Privacy Policy

This Privacy Policy forms part of our TERMS and POLICIES which apply to all Users of the Dacogo Website. Users include visiting members of the public, Registered Members and Content Providers. Content Providers include Wiki Contributors, News Article Contributors, Forum Contributors, Group Editors and Moderators. 

Any inconsistency between this Privacy Policy and the Australian Policy Principles is unintentional, and in such a case the wording of the relevant part of the Australian Policy Principles will apply and the inconsistent language of this Policy must be ignored. 

The clauses in the numbered sections below form our main Privacy Policy.  Headings and explanatory notes are for convenience only and do not affect interpretation.

The sections and clauses are intended to mirror the Principles and clauses of the Australian Policy Principles, with their language modified as necessary to be implementable, practical, relevant, consistent and readable. 

We may update this Privacy Policy from time to time in order to implement any changes to the law or to improve it.

Management of Personal Information

The object of this section is to ensure that We manage Personal Information in an open and transparent way.
We will take such steps as are reasonable in the circumstances to implement practices, procedures and systems relating to our functions or activities that will: (i) ensure that We comply with the Australian Privacy Principles and a registered APP code (if any) that binds us; and (ii) enable us to deal with inquiries or complaints from individuals about our compliance with the Australian Privacy Principles or such a code.
We have provided this statement as our clearly expressed and up-to-date policy about the management of Personal Information by us.
Without limiting the preceding paragraph, this Privacy Policy contains the following information:
(a) the kinds of Personal Information that is collected and held;
(b) how Personal Information is collected and held;
(c) the purposes for which Personal Information is collected, held, used and disclosed;
(d) how an individual may access Personal Information about the individual that is held by us and seek the correction of such information;
(e) how an individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds us, and how such a complaint will be dealt with;
(f) whether Personal Information is likely to be disclosed to overseas recipients; and
(g) if Personal Information is likely to be disclosed to overseas recipients—the countries in which such recipients are likely to be located if it is practicable to specify those countries.
We will take such steps as are reasonable in the circumstances to make this Privacy Policy available:
(a) free of charge on our Website; and
(b) in such form as is appropriate.
If a person or body requests a copy of this Privacy Policy in a particular form, We will take such steps as are reasonable in the circumstances to give the person or body a copy in the requested form.

Anonymity and Pseudonymity

In our dealings with individuals, they will have the option of not identifying themselves, or of using a pseudonym, when dealing with us in relation to a particular matter, except where:
(a) We are required or authorised by or under an Australian law, or a court/ tribunal order, to deal only with individuals who have identified themselves; or
(b) it is impracticable to deal with individuals who have not identified themselves or who have used a pseudonym, in relation to the relevant matter.

Collection of Solicited Personal Information

This part of the Privacy Policy relates to the collection of solicited Personal Information.
We will not collect Personal Information (other than sensitive information) unless the information is reasonably necessary for one or more of our functions or activities.
We will not collect sensitive information about an individual unless:
(a) the individual consents to the collection of the information and, if the information is reasonably necessary for one or more of our functions or activities; or
(b) the following clause applies in relation to the information.
This paragraph applies in relation to sensitive information about an individual if:
(a) the collection of the information is required or authorised by or under an Australian law or a court/tribunal order; or
(b) a permitted general situation exists in relation to the collection of the information by us; or
(c) a permitted health situation exists in relation to the collection of the information by us.
We will collect Personal Information only by lawful and fair means.

We will collect Personal Information about an individual only from the individual. Where We are expressly authorised by the individual to collect Personal Information from another source, but can collect the same information from the individual, We will use our reasonable endeavours to obtain that information from the individual first and will resort to the third party only if We are unable to do so within a reasonable time frame having regard to the circumstances.

Dealing with Unsolicited Personal Information

We may receive Personal Information in curcumstances where we did not solicit the Personal Information. We will, within a reasonable period after receiving the information, determine whether or not We could have collected the information under the preceding section if We had solicited the information.
We may use or disclose the Personal Information for the purposes of making the determination under the preceding clause if:
(a) We determine that We could not have collected the Personal Information; and
(b) the information is not contained in a Commonwealth record; We must, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified.
If paragraph the preceding paragraph does not apply in relation to the Personal Information, the following section will apply in relation to the information as if We had collected the information as solicited Personal Information.

Notification of the Collection of Personal Information

At or before the time or, if that is not practicable, as soon as practicable after, We collect Personal Information about an individual, We will take such steps (if any) as are reasonable in the circumstances:
(a) to notify the individual of such matters referred to in the following paragraph as are reasonable in the circumstances; or
(b) to otherwise ensure that the individual is aware of any such matters.
The matters for the purposes of the preceding paragraph are as follows:
(a) Our identity and contact details;
(b) if: We collect the Personal Information from someone other than the individual; or the individual may not be aware that the We have collected the Personal Information; the fact that We so collect, or have collected, the information and the circumstances of that collection;
(c) if the collection of the Personal Information is required or authorised by or under an Australian law or a court/tribunal order—the fact that the collection is so required or authorised (including the name of the Australian law, or details of the court/tribunal order, that requires or authorises the collection);
(d) the purposes for which We collect the Personal Information;
(e) the main consequences (if any) for the individual if all or some of the Personal Information is not collected by us;
(f) any other entity, body or person, or the types of any other entities, bodies or persons, to which We usually disclose Personal Information of the kind collected by us;
(g) that our Privacy Policy of contains information about how the individual may access the Personal Information about the individual that is held by us and seek the correction of such information;
(h) that Our Privacy Policy contains information about how the individual may complain about a breach of he Australian Privacy Principles, or a registered APP code (if any) that binds us, and how We will deal with such a complaint;
(i) whether We are likely to disclose the Personal Information to overseas recipients;
(j) if We are likely to disclose the Personal Information to overseas recipients—the countries in which such recipients are likely to be located if it is practicable to specify those countries in the notification or to otherwise make the individual aware of them.

Use or Disclosure of Personal Information

If We hold Personal Information about an individual that was collected for a particular purpose (the primary purpose), We must not use or disclose the information for another purpose (the secondary purpose) unless:
(a the individual has consented to the use or disclosure of the information; or
(b) as set out in clauses of this section in relation to the use or disclosure of the information.
This clause applies in relation to the use or disclosure of Personal Information about an individual if:
(a) the individual would reasonably expect us to use or disclose the information for the secondary purpose and the secondary purpose is:
i. if the information is sensitive information—directly related to the primary purpose; or
ii. if the information is not sensitive information— related to the primary purpose; or
(b)  the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
(c) a permitted general situation exists in relation to the use or disclosure of the information by us; or
(d) We are organisation and a permitted health situation exists in relation to the use or disclosure of the information by us; or
(e) We reasonably believe that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
If We at any time are an organisation within the meaning of the Privacy Act and subsection 16B(2) of the Privacy Act applies in relation to the collection of Personal Information by us -- We must take such steps as are reasonable in the circumstances to ensure that the information is de-identified before We disclose it in accordance with this section.
If We use or disclose Personal Information on the basis that We reasonably believe that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body, We will make a written note of the use or disclosure.
We collect Personal Information from a related body corporate; section 6 applies as if our primary purpose for the collection of the information were the primary purpose for which the related body corporate collected the information.
This principle does not apply to the use or disclosure by us, if We are an organisation within the meaning of the Privacy Act, of:
(a) Personal Information for the purpose of direct marketing; or
(b) government-related identifiers.

Direct marketing

If We hold Personal Information about an individual, We must not use or disclose the information for the purpose of direct marketing.
Despite the preceding clause, We may use or disclose Personal Information (other than sensitive information) about an individual for the purpose of direct marketing if:
(a) We collected the information from the individual; and
(b) the individual would reasonably expect the organisation to use or disclose the information for that purpose; and
(c) We provide a simple means by which the individual may easily request not to receive direct marketing communications from us; and
(d) the individual has not made such a request to us.
Furthermore, if We are an organisation within the meaning of the Privacy Act, We may use or disclose Personal Information (other than sensitive information) about an individual, for the purpose of direct marketing if:
(a) We collected the information from:
i. the individual and the individual would not reasonably expect us to use or disclose the information for that purpose; or
ii. someone other than the individual; and
(b) either:
i. the individual has consented to the use or disclosure of the information for that purpose; or
ii. it is impracticable to obtain that consent; and
(c) We provide a simple means by which the individual may easily 
request not to receive direct marketing communications from us; and
(d) in each direct marketing communication with the individual:
i. We will include a prominent statement that the individual may make such a request; or
ii. We otherwise will draw the individual’s attention to 
the fact that the individual may make such a request; and
(e) the individual has not made such a request to us.
Furthermore, if We are an organisation We may use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose.
Furthermore, if We are an organisation within the meaning of the Privacy Act, We may use or disclose Personal Information for the purpose of direct marketing if We are a contracted service provider for a Commonwealth contract; and
(a) We collected the information for the purpose of meeting (directly or indirectly) an obligation under the contract; and
(b) the use or disclosure is necessary to meet (directly or indirectly) such an obligation.
If We are an organisation within the meaning of the Privacy Act and We use or disclose Personal Information about an individual:
(a) for the purpose of direct marketing by us; or
(b) for the purpose of facilitating direct marketing by other organisations; the individual may:
(c) if paragraph (a) applies—request not to receive direct marketing communications from us; and
(d) if paragraph (b) applies—request us  not to use or disclose the information for the purpose referred to in that paragraph; and
(e) request the us to provide its source of the information.
If an individual makes a request under the preceding clause, We must not charge the individual for the making of, or giving effect to, the request and:
(a) if the request is of a kind referred to in paragraphs (c) or (d) of the preceding clause — We must give effect to the request within a reasonable period after the request is made; and
(b) if the request is of a kind referred to in paragraph (e) of the preceding clause — We will, within a reasonable period after the request is made, notify the individual of its source unless it is impracticable or unreasonable to do so.
This section does not apply to the extent that any of the following apply:
(a) the Do Not Call Register Act 2006;
(b) the Spam Act 2003;and
(c) any other Act of the Commonwealth, or a Norfolk Island enactment, prescribed by the regulations made under the Privacy Act.

Cross-border disclosure of Personal Information

Before We disclose Personal Information about an individual to a person (the overseas recipient):
(a) who is not in Australia or an external Territory; and
(b) who is not us or the individual;
We must take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles other than section 1 in relation to the information.

Note: In certain circumstances, an act done, or a practice engaged in, by the overseas recipient is taken, under section 16C of the Privacy Act, to have been done, or engaged in, by us and to be a breach of the Australian Privacy Principles.

The preceding clause does not apply to the disclosure of Personal Information about an individual by us to the overseas recipient if:
(a) We reasonably believe that:
i. the recipient of the information is subject to a law, or a binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect the information; and
ii. there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme; or
(b) both of the following apply:
i. We expressly inform the individual that if he or she consents to the disclosure of the information, paragraph the preceding clause will not apply to the disclosure; and
ii. after being so informed, the individual consents to the disclosure; or
(c) the disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
(d) a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1) of the Privacy Act) exists in relation to the disclosure of the information by Us,
Note: For what is a “permitted general situation”, see section 16A of the Privacy Act.

Adoption, use or disclosure of government-related identifiers

We will not adopt a government-related identifier of an individual, such as their Medicare number, as our identifier of the individual unless that action is expressly authorised by law.

Quality of Personal Information

We will take such steps (if any) as are reasonable in the circumstances to ensure that the Personal Information that We collect is accurate, up-to-date and complete.
We will take such steps (if any) as are reasonable in the circumstances to ensure that the Personal Information that We use or disclose is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.

Security of Personal Information

If We hold Personal Information, We will take such steps as are reasonable in the circumstances to protect the information:
a. from misuse, interference and loss; and
b. from unauthorised access, modification or disclosure.
If:
(a) We hold Personal Information about an individual; and
(b) We no longer need the information for any purpose for which the information may be used or disclosed by us under the Privacy Act; and
(c) the information is not contained in a Commonwealth record; and
(d) We are not required by or under an Australian law, or a court/tribunal order, to retain the information; We will take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.

Access to Personal Information

If We hold Personal Information about an individual, We must, on request by the individual, give the individual access to the information.
If We refuse:
(a) to give access to the Personal Information; or
(b) to give access in the manner requested by the individual;
We will take such steps (if any) as are reasonable in the circumstances to give access in a way that meets the needs of us and the individual.
Without limiting the preceding clauses of this section, access to Personal Information may be given through a mutually agreed intermediary.
If We charge an individual for access to their Personal Information; the charge will not be excessive and must not apply to the making of the request.
If We refuse to give access to Personal Information, or to give access in the manner requested by the individual, We must give the individual a written notice that sets out:
(a) the reasons for the refusal (except to the extent that, having regard to the grounds for the refusal, it is not reasonably necessary to explain those reasons in any further detail); and
(b) the mechanisms available to complain about the refusal; and
(c) any other matter prescribed by the regulations made under the Privacy Act.
If We refuse to give access to Personal Information, the reasons for the refusal may include an explanation that the decision was based on grounds of commercial sensitivity, where the Privacy Act permits that to be a reason for refusal.

Correction of Personal Information

If (a) We hold Personal Information about an individual; and (b) either:
i. We are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading; or
ii. the individual requests us to correct the information;
We will take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.
If We correct Personal Information about an individual that We previously disclosed to another entity; and the individual requests us to notify the other entity of the correction -- We must take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.
If We refuse to notify another entity of a correction of Personal Information as requested by an individual, We must give the individual a written notice that sets out:
(a) the reasons for the refusal (except to the extent that, having regard to the grounds for the refusal, it is not reasonably necessary to explain those reasons in any further detail); and
(b) the mechanisms available to complain about the refusal; and
(c) any other matter prescribed by the regulations made under the Privacy Act.

If We refuse to correct the Personal Information as requested by an individual; and the individual requests us to associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading-- We must take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.

If a request is made as described in the preceding clauses of this section we: (a) must respond to the request within a reasonable period after the request is made; and  (b) must not charge the individual for making the request, for correcting the Personal Information or for associating a statement with the Personal Information (as the case may be).

Privacy Details

We collect Personal Information of Users through processes made available via our Website.
We collect Personal Information including username, email address, physical address, telephone number, payment, website access, website editing and video viewing information. We also have access to other information about You, such as the IP address of the computer that you are using to access our Website.
We collect Personal Information including purchaser payment data. As payments to us are processed via your bank and our bank, or by PayPal, We do not normally see or collect detailed payment data other than what is presented on our bank or PayPal account statements.
It is impracticable for us to deal with individuals who have not identified themselves and wish to register on the Website, purchase goods or provide Material on the Website.  We require identifying personal information for registration on the Website.
You authorise us to collect Personal Information from the Groups of which You are a member.  This is reasonable and necessary for us to confirm your membership to the Group and to use your personal identifying information for this purpose.
Our Wiki Article editing, News Article posting, and Forum Contribution commenting processes are transparent. If You engage in any of these actions, You are hereby put on notice that your assigned identifier (username) and the time and contents of the Material You place on the Website will be stored by us and may at any time be put on public display to all Users of the Website, indefinitely as a historical record.
We assert the right and responsibility to do this because the Website may be provided and operated as a public Wiki, and therefore it is necessary and appropriate to maintain and display accurate, historical content-creation and content-editing information. Further, in the event that the Website is used for any unauthorised, malicious or illegal purpose, this data will assist in the identification, investigation, prosecution and penalisation of the persons who have misused the Website in that manner.
We will not sell or transfer your Personal Information to any third party, except for: (i) providing User details and video access information to Groups; and (ii) purposes relating to hosting the Website.
We will store your data on servers operated by third parties. We use or may use Amazon Web Services, Digital Ocean, Heroku, EditMe, Segment.io, Keen.io, ZEncoder, Encoding.com, and Otixo.  We may also use other service providers. 
The information We collect may be (i) stored by, and (ii) obtained using these providers. This information is stored both in Australia and overseas. Details of these providers and their policies are available online and upon request. While We are not responsible for the security measures and privacy policies of these providers, We endeavour to ensure that We use only data storage providers that maintain high standards of confidentiality. You consent to the disclosure of your Personal Information to these providers.
We will endeavour to limit storage of your email address.  We do not collect age, date of birth, or credit card number information.
If You do not wish your Personal Information to be used for marketing or any other purposes, You must not use this Website. We are unable to make special arrangements for individual persons.

Definitions

In these Terms and Policies, the following highlighted terms have the meanings shown below:

• APP means the Australian Policy Principles contained in the Privacy Act, as amended.

• Content Provider means a User who contributes content to the Website, including by creating Group content, creating or editing a Wiki Article, posting a News Article, or leaving a Forum Comment. Content Providers include Wiki Contributors, News Article Contributors, Forum Contributors, Group Editors and Moderators.

• Contributor means a User who contributes Material to the website.  This includes both including and removing Material.

• Dacogo means Constantia Intellectual Property Pty Ltd (ACN 611 519 745), an Australian-registered company, trading as Dacogo, an Australian- registered business name. The name “Dacogo” is a trade mark and should not be used by any person without our express permission. If You are a Member, these Terms and Policies provide You with a limited licence to use the Dacogo name for certain purposes.

• Forum refers to a section of the Website containing comments and conversational threads provided by Content Providers.

• Forum Contribution includes a comment posted in the User Forum section of the Website by a Content Provider, either initiating a conversational thread or responding to one or more other comments in such a thread, and also includes comments posted in response to or critique of News Articles or Wiki Articles, where such commenting is enabled.

• Group refers to a defined group of Users, such as the members of a professional association or the employees of a particular employer, who are authorised by Dacogo to use the Website by virtue of a special arrangement with their association, employer or other coordinator or representative.

• Group Editor means a person authorised by a Group to post or edit group related Material.

• Intellectual Property means any property to which attaches any of the rights created or recognised by the laws governing patents, inventions, copyright, designs, circuit layouts, trade secrets, plant breeders’ rights and trademarks, and any rights pertaining to the renewal, extension, and restoration of such rights, and also the business name, domain name, and brand elements (including the logo) of Dacogo, any advertiser on the Website, any Content Provider, and any third party to whose website the Website is linked.

• Loss includes all types of direct (but not indirect or consequential) pecuniary or economic loss or damages, as well as all related costs of investigation, and legal costs.

• Material, when referring to material and information posted on the Website by a Content Provider, includes information of all kinds, including text, photographs, symbols, graphics, numerical information, telephone numbers, e-mail addresses, and hyperlinks, and whether forming part of a News Article, Forum Comment, advertisement, Wiki Article or some other type of presentation, in any format.

• Members refer to Users who are registered on the Website with a login and password.

• Moderators refer to Users who are registered for the purpose of moderating proposed changes to Website Material. Moderators have the responsibility of moderating for extreme or unduly intense Material.

• News Article includes a piece of factual reportage, a new product or services announcement or of other informational or educational announcement, posted on the Website by a Content Provider, but does not include a Wiki Article or Forum Contribution.

• Privacy Act means the Privacy Act 1988 (Cth) as amended, and its regulations.

• Sponsors provide financial support furthering the aims of the Website and Dacogo and may be advertised on the Website.

• User means a user of the website including Members, Content Providers, and casual visitors to the Website.

• We means Recall Media International Pty Ltd (ACN 153 868 396), an Australian-registered company, trading as Dacogo, an Australian- registered business name.

• Website means the Dacogo website at http://www.dacogo.com and any additional or substitute website operated by Dacogo in respect of which these Terms and Policies are made to apply.

• Wiki refers to a publicly accessible document accessible via the world wide web that members of the public are invited to create and edit or update.

• Wiki Article, in relation to the Website’s contents, means a Wiki article that Users can access and edit on the Website.

• You means you, a User.

Privacy Act Definitions

In the Privacy Act, the following definitions apply:

• Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or opinion is recorded in a material form or not.

• Sensitive information means: (a). information or an opinion about an individual’s: i. racial or ethnic origin; ii. political opinions; iii. membership of a political association; iv. religious beliefs or affiliations; v. philosophical beliefs; vi. membership of a professional or trade association; vii. membership of a trade union; viii. sexual orientation practices; or ix. criminal record; that is also Personal Information; (b) health information about an individual; (c) genetic information about an individual that is not otherwise health information; (d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or (e) biometric templates.

• Organisation means: (a) an individual; (b) a body corporate; (c) a partnership; (d) any other unincorporated association; (e) a trust; that is not a small business operator, a registered political party, an agency, a State or Territory authority or a prescribed instrumentality of a State or Territory.

General

This Privacy Policy forms part of our Terms and Policies.