1. General Policy
It covers all of ADA’s activities, including:
(1) our operation of the website at agentdigital.com.au (the Website) and
(2) our dealings with other parties including but not limited to clients, service providers, agents, representatives and regulatory agencies.
At ADA, 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).
ADA 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 ADA collects and holds;
2. how ADA collects personal information,
3. how ADA holds personal information;
4. the purposes for which ADA collects, holds, uses and discloses personal information;
5. how you may access personal information about you that is held by ADA and seek correction of it if there are any inaccuracies with respect to that information;
6. how you may complain about a breach of the APPs and how ADA 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 ADA 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 ADA’s activities,
4. undertaking human resources activities, and
5. making weblog, facebook and other social media entries.
ADA’s business purposes are further detailed on the ADA website. The kinds of personal information that ADA collects 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 ADA 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 ADA in connection with the types of services you wish to obtain and/or are obtaining from ADA, the types of services you obtain from third parties such as ticketing companies, and feedback (including complaints) in relation to our services.
ADA will collect personal information directly from you unless it is not reasonable or practicable for ADA to do so. ADA may solicit personal information through the ADA 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
ADA 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 ADA 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, ADA may also use or disclose it for that purpose.
ADA may, from time to time, send to you marketing material that ADA consider will be useful to you, or other material about our activities. ADA 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 ADA’s activities only.
2. specialist advisers who have been engaged to provide ADA 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.
ADA 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, ADA 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 ADA reasonably believe that the use or disclosure is necessary to take appropriate action in relation to suspected unlawful activity or misconduct;
3. if ADA 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 ADA 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. ADA actually or reasonably believes that the use or disclosure is reasonably necessary in order to locate a person reported as missing.
Where ADA 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. ADA do not grant them permission to retain or transfer that personal information.
4. Security of your personal information
Once collected, ADA 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. ADA 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. ADA may collect some forms of sensitive information. ADA 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 ADA hold any sensitive personal information about you, that information will only be used and disclosed by ADA for the purpose that it was provided by you.
From time to time ADA will collect personal information as a result of ADA’s 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.
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 ADA’s services, such as pages visited, content viewed, search queries run, and advertisements viewed.
ADA uses these types of information to support the internal operations of ADA’s services.
7. Linked services
In addition, ADA 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 ADA services.
8. The GDPR and Additional Information for Individuals in the European Economic Area (“EEA”)
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 ADA hold by contacting ADA’s Privacy Officer at Privacy Officer, ADA, Suite 1, Columbia Tower, 19 Fern Street, Surfers Paradise, QLD 4217, Australia. ADA will process your request within a reasonable time. If ADA 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 ADA if there are any changes to your personal information. You may ask ADA at any time to correct personal information we hold about you by contacting ADA’s Privacy Officer at email@example.com or by mail addressed to: Privacy Officer, ADA, Suite 1, Columbia Tower, 19 Fern Street, Surfers Paradise, QLD 4217, Australia and ADA must respond to you within a reasonable time. ADA 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 ADA’s breach of the APPs, you should contact ADA’s Privacy Officer at firstname.lastname@example.org or by mail addressed to: Privacy Officer, Agent Digital Australia, Suite 1, Columbia Tower, 19 Fern Street, Surfers Paradise, QLD 4217, Australia
ADA 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
ADA 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 ADA? To request your GDPR rights from ADA, please email ADA.
(c) How can I request to opt-out of communications from ADA 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 ADA’s 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, ADA, 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.