Privacy

PRIVACY POLICY

1                Overview

The Privacy Act 1988 (Cth) requires entities bound by the Australian Privacy Principles to have a privacy policy. The Privacy Act 1988 (Cth) (“the Act”) and, in particular, the Australian Privacy Principles found in that Act set out requirements in relation to the collection, access, storage and use of Personal Information which We have obtained from you.

This privacy policy (Privacy Policy) sets out how TheHotList.com.au Pty Ltd (ACN 627 546 210) ( ‘Our’, ‘Us,’ ‘We’) through the website www.thehotlist.com.au collects, stores, uses, protects and shares your Personal Information. It applies to Our website and all related websites, applications, services and tools (collectively “the Website”). By visiting or using the Website you agree to the collection, storage, usage and disclosure of your Personal Information by Us in the manner described in this Privacy Policy.

Unless We obtain your written consent, We will not sell, disclose, licence or rent your Personal Information to a third party for that third party’s marketing purposes.

We use Secure Socks Layer (SSL) software to encrypt information you input. It is important for you to protect against unauthorised access to your passwords and to your computer. Be sure to sign off when you are using a shared computer.

2                Definitions

Personal Information” means information that can be associated with a specific person and can be used to identify that person and includes your information like photographs, name and contact details. Information that has been made anonymous or aggregated so that it cannot be used, whether in combination with other information or otherwise, to identify a specific user is not Personal Information.

3                Collection

We collect Personal Information in a number of ways, including but not limited to:

  1. when you provide information directly to Us in person, by phone or in writing (whether electronic, via Our communication tools or otherwise); and
  2. when you visit and/or use the Website, in which case, We record information entered by you and/or sent to Us by your computer, mobile device or other access device.

4                What We Collect

We collect the following types of Personal Information in order to provide you with access to and use of the Website and for the purposes provided for in this Privacy Policy:

  1. the IP address and details of the computer from which you access this Website;
  2. your name, user ID’s and passwords, phone number, mobile telephone number, email address, physical address and other contact information;
  3. financial information such as credit card or bank account numbers;
  4. records and content of communications with Us or any other person including when using Website communication tools;
  5. Personal Information based on your activities on the Website;
  6. to the extent permitted by law, other Personal Information provided by or obtained from third parties (such as a credit bureau) including navigation and demographic data and credit check information;
  7. additional Personal Information We ask you to provide to verify your identity or when We suspect that you are in breach of Our Terms of Use, this Privacy Policy or other Website policies (including your personal ID and your answers to any questions We pose to you); and
  8. Personal Information from your interaction with the Website and its content and advertising, including device identifiers, device type, geo-location information, connection information, statistics on page views, traffic to and from the Website, mobile network information, time, date, referring URL, the type of operating system and browser, ad data, IP address and standard web log data.

5                Consent

  1. You warrant that you have the ability to give consent under the applicable laws according to your location.
  2. You hereby expressly and voluntarily give Us your informed consent to deal with your Personal Information according to the terms and conditions of this Privacy Policy.

6                How Personal Information is used

  1. Our principal purpose in collecting, using and storing your Personal Information is to provide you with access to and use of the Website in a personalised, safe and efficient manner. You consent to Us collecting, using, storing and sharing your Personal Information to:
  2. monitor who is accessing the Website or using services offered on the Website;
  3. profile the type of people accessing the Website;
  4. provide the services requested by you;
  5. research, develop and improve Our services;
  6. to conduct surveys to determine use and satisfaction with Our services;
  7. to assist Us with Our marketing, planning, development and research requirements;
  8. to generate statistics in relation to the Website;
  9. detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach Our Terms of Service, this Privacy Policy or other policies and with any applicable laws, rules and regulations;
  10. enforce Our Use, this Privacy Policy or other policies;
  11. verify information for accuracy or completeness (including by way of verification with third parties);
  12. combine or aggregate your Personal Information with information We collect from third parties and use it for the purposes set out this Privacy Policy;
  13. contact you at your contact details We have collected, by way of voice call, post, text message or email;
  14. aggregate and/or make anonymous your Personal Information, so that it cannot be used, whether in combination with other information or otherwise, to identify you;
  15. collect fees, resolve disputes and to identify, test and resolve problems;
  16. notify you about the Website and updates to the Website from time to time; or
  17. supply you with generalised, targeted or personalised news, marketing, advertising and promotional notices, offers and communications based on your preferences, and measure and improve our marketing, advertising and promotions based on your ad customisation preferences.
  18. Your Personal Information may be disclosed in particular circumstances if We reasonably believe that it is necessary to identify, contact or commence legal action against anyone damaging, injuring or interfering (whether this is intentional or unintentional) with Our rights to property, users or anyone else who could be harmed by such activities.
  19. Your Personal Information may also be disclosed as is required by law.
  20. If your Personal Information is voluntarily provided by you in areas of the Website which are publicly accessible, the such information can be viewed and used by others. If you do not want such contact information to be publicly available then this should not be divulged. If you choose to disclose your Personal Information publicly then We are not responsible for this.

7                Opting out

You may opt out of receiving our marketing, advertising and promotional notices, offers and communications by communicating this to Us in writing at the email address: support@www.thehotlist.com.au

8                Disclosure to Third Parties

  1. You agree that We may disclose your Personal Information to:-
  2. enforce our Terms of Use, this Privacy Policy and other policies;
  3. comply with any applicable law, lawful request by a governmental agency or regulatory authority or legally binding court order;
  4. law enforcement agencies as required;
  5. respond to or resolve claims that a member has violated the rights of others;
  6. protect a person’s rights, property or safety;
  7. Our directors, staff, contractors, professional advisers and related entities;
  8. third parties to whom you expressly ask Us to send, or consent to Us sending, your Personal Information;
  9. credit agencies (including regarding missed and late payments or other defaults or breaches on your account); or
  10. such entities that We propose to merge with or be acquired by and in such case, We will require that the new entity following the merger or acquisition adhere to this Privacy Policy.
  11. Your Personal Information will only be provided to Our unrelated third parties if you expressly ask Us to send, or consent to Us sending, such Personal Information to them.

9                Use of Cookies

  1. This Website collects standard internet log information including your IP address, browser type and language, access times and referring website addresses. Your visits to Our Website are associated with cookies, which are unique identifiers and contain information by which We can identify your computer to Our servers.
  2. We (or a third party providing services to Us) may use cookies, pixel tags, “flash cookies”, or other local storage provided by your browser or associated applications (each a Cookie and together Cookies). A Cookie is a small file that stays on your computer or device until, depending on whether it is a sessional or persistent cookie, you turn your computer or device off or it expires.
  3. You also may encounter Cookies used by third parties and placed on certain pages of the Website that We do not control and have not authorised (such as webpages created by another user). We are not responsible nor liable for the use of such Cookies.
  4. Cookies may be used to provide you with our range of services including identifying you as a user or member of the Website, remember your preferences, customise and measure the effectiveness of the Website and our promotions, advertising and marketing, analyse your usage of the Website, to improve the Website and Our Services, and for security purposes.
  5. Cookies may collect and store your Personal Information. This Privacy Policy applies to Personal Information collected via cookies. You may adjust your internet browser to disable cookies. If Cookies are disabled, We may not be able to provide you with the full range of Our services.

10            Security, accessing and amending your Personal Information

  1. You must do whatever you reasonably can to protect your Personal Information. It is important that you protect your password by using unique letters, numbers and special characters and by not sharing your password with any third party. If you disclose or lose control of your password or your Personal Information to a third party, you may be responsible for all actions taken in your name or with this information including legally binding actions taken on your behalf. If you suspect that your password or access to our Website has been comprised, you must immediately notify Us and change your password. Please log out of the Website when you are using a shared computer. Be careful of including sensitive information in your email to us as they are not necessarily secure from interception. We will not ask for passwords in an email and if such request is received you should assume that it is fraudulent.
  2. We have systems in place for the security of your Personal Information and procedures to help safeguard and prevent unauthorised access, maintain data security and correctly use your information. In saying this, neither people or security systems are infallible, including encryption systems, and while We will use our reasonable endeavours to protect your Personal Information we cannot guarantee its complete security.
  3. Under the Privacy Act 1988 (Cth), We have an obligation to give you notification if You are affected by an eligible data breach and We will take all reasonable precautions to take remedial action to avoid such an event. As a guarantee cannot be given that remedial action will be sufficient to prevent all instances of a breach, We will notify you of an eligible data breach as soon as is practicable and provide recommendations as to what steps You should take to mitigate any serious loss or damage.
  4. If We hold Personal Information about you, you may request access to that information by putting the request in writing and sending it to support@www.thehotlist.com.au. We will respond to any request within a reasonable period and a charge may apply for giving you access to the Personal Information. We will require that you provide proof of identity before We will allow you access to your information. We may charge reasonable costs for meeting your request. There are certain circumstances in which We may refuse to grant you access to the Personal Information. In such situations We will give you written notice that sets out:
  5. The reasons for the refusal; and
  6. The mechanisms available to you to make a complaint.
  7. If you need to update or correct any information you have given Us or We are holding, or you have any questions in relation to this Privacy Policy, then please contact Us.
  8. Please note that the access and correction requirements under this Privacy Policy operate alongside and do not replace informal or legal procedures by which an individual can be provided access to, or correction of, their Personal Information.
  9. We have in place reasonable commercial standards of technology and operational security to protect all Personal Information provided to Us from misuse, interference, loss, unauthorised access, modification or disclosure.

11            Destruction and retention of Personal Information

  1. Information will be retained for as long as it is required, allowed or We believe it useful but We do not undertake any retention obligations.
  2. We take reasonable steps to destroy or permanently de-identify your Personal Information where it is no longer required and to protect your Personal Information from unauthorised access, disclosure, loss, misuse and alteration.
  3. Information will be destroyed in our discretion without notice, subject to the applicable law relating to the handling or retention of information. You will need to keep your own, independent back-up records.
  4. If you wish to have your Personal Information removed from Our records, You may request that your Personal Information be deleted or destroyed. It will not always be possible to comply with your request to delete or destroy your Personal Information.

12            Social Media Applications

This Website may host various social media applications or services that allow you to share content with other users (collectively “Social Media Applications”). Any Personal Information or other information that you contribute to any Social Media Application can be read, collected and used by other users of that Social Media Application over whom We have little or no control. Therefore, We are not responsible for any other user’s use, misuse or misappropriation of any Personal Information or other information that you contribute to any Social Media Application. These features may be included in Our Websites or applications and if you use these features We may have the ability to obtain certain information about you from your social networking profile and any information that is part of your profile on a third party social network and that you allow your third part social network to share with Us. We may use this information to match information with a social network for advertising purposes.

13            Links to other websites

  1. Websites that may be linked to this Website, are not affiliated with or controlled by Us and are not governed by our Privacy Policy.
  2. We are not responsible for the content of these websites. Any hyperlinks to websites included by Us does not imply any endorsement of the material on those websites or any association with their operators.
  3. We encourage visitors to review each website’s privacy statement before disclosing any Personal Information.

14            Use of servers outside of Australia

This Website is currently hosted within Australia. In the future more servers may be set up in countries outside of Australia and data from the Website (including Personal Information) may be transferred to hosting service providers and data centres overseas. By using this Website you hereby expressly and voluntarily provide your informed consent to such transfers.

15            Website Usage Information

Any information about how you use and navigate Our Website and applications, including but not limited to links you click on and what content you have viewed, will be automatically collected.

16            Technical Computer Information

Any information about a computer system or other technological device that you may be using to access Our Website or applications will be automatically collected

17            Amendments

  1. We recommend that you check this Privacy Policy prior to each use of the Website.
  2. We reserve the right to amend this Privacy Policy at any time by posting the amended terms on the Website. If We make material changes to this policy, We will notify you by means of a notice on Our Website homepage and/or other means so that you access and review the changes. If you object to any changes, you may close your account.
  3. (c)Your use of the Website following any such amendments will be deemed to be your confirmation that you accept these amendments.

18            Contact Us

You may contact Us by reference to Our contact details on this Website.

Last Updated: 24 September 2018