Privacy policy.
Document date: AUGUST 2023
SUMMARY OVERVIEW AND CONSENT
We are Black Box Trading Company Pty Ltd ACN 645 397 342 (Provider, we, us and our). We are committed to respecting your privacy. This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Services and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy.
DEFINITIONS (GENERAL)
Application
The Application is the application available at app.blackboxco.com.au, operated by us.
Website
The Website is the website located at the domain blackboxco.com.au operated by us.
Services
The Services are the Application and Website and any provision of our products via other means, including physical means.
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically and either generated through use of the Services or from the infrastructure underpinning the Services.
Cookies
Cookies are small files stored on your device (computer or mobile device). When you visit our website, we may collect information from you automatically through cookies or similar technology. For more information, visit: <https://www.allaboutcookies.org/>
For more information about our cookies, please see our Cookie Policy (see heading below “CHANGES TO THIS DOCUMENT AND OUR OTHER DOCUMENTS” for link to policy).
Controller
Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, we are a Controller of your Personal Data.
Processors (or Service Providers)
Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes in order to provide and improve our Services.
Do Not Track (DNT)
The “Do Not Track” (“DNT”) is a preference you can set in your web browser to inform some websites (which support this technology) that you do not want to be tracked.
DEFINITIONS (BODIES AND LAWS)
Australian Privacy Principles (APP)
Reference to APP in this policy means the Australian Privacy Principles contained in Schedule 1 of the Privacy Act 1988 (Cth). These APPs govern the content of privacy policies and rights under Australian law. We take pride in our adherence to these Principles.
A summary of the APPs are available at: https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-quick-reference
The Office of the Australian Information Commissioner (OAIC)
The OAIC is the principal body which administers Australia’s privacy laws and the Australian Privacy Principles.
The OAIC website is: https://www.oaic.gov.au/
ABOUT THIS POLICY
Which parts of this policy apply to you?
This Privacy Policy aims to comply with the privacy laws of Australia, namely-
Laws: The Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth), and requirements under the Spam Act 2003 (Cth) (altogether the “AU Privacy Law”)
Who it applies to: These laws apply to you if you are a person (instead of a company). To clarify, Australian privacy laws apply based on who the data collector is (who are certain Australian businesses like us), instead of applying based on what the nationality the data subject is.
Is this policy a contract?
This Privacy Policy is not a contract itself. It is a compliance document, that is, it is a notice required by law for us to explain certain things to the public. However, there may be other contracts which can include all or part of this policy as relevant to those contracts.
Importantly, our website terms require you to have read and understood this policy and provide the following required consents (see at the end of this policy for a link to these terms along with links to other policies).
TYPES OF DATA COLLECTED
We use your data to provide and improve the Services. By using the Services, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions (see at the end of this document for links to other documents).
Personal Data
While using our Services, in particular when creating and registering your account, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
Types of Data
Purpose
Names (first and last)
For identifying you
Signatures
We do not individually collect or store signatures, but they may appear on any signed documents you provide us which we keep for our records.
Physical / postal address
For providing the Services.
Email address
For providing the Services.
Phone number
For providing the Services and contacting you if need.
Date of birth
Verifying your age. (Only for employees)
Employee record information
Collected if you apply for a job with us
Internet protocol (IP) addresses
Collected by our marketing / analytics tools and for our Services
location information from a mobile device
Collected by our marketing / analytics tools and for our Services
credit card information
May be collected for any payments via credit card.
We may use your Personal Data to contact you with notifications, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by turning off notifications within the App or following the unsubscribe link and the instructions provided in any correspondence we send.
Location Data
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide certain features within our Services, as well as to improve and customise the Services.
You can enable or disable location services when you use our Services at any time by way of your device settings.
You are not required to provide your location data when using the Services and can decline requests for location data. You may choose to either enter an address or postcode or simply view the locations on the map.
Identification, Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of cookies we use are:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
Security Cookies. We use Security Cookies for security purposes.
More information on cookies and which ones we use is set out in our cookie policy (see heading below “CHANGES TO THIS DOCUMENT AND OUR OTHER DOCUMENTS” for link to policy).
To provide clarification on possible identifiers for you-
You may be able to browse our Website anonymously if you disable any cookies and tracking;
You may be able to browse our Website pseudonymously, only being identified by the Cookies and tracking IDs from other analytics providers (see section on Third Parties for this).
If you create an account with us, you must use your real name and details in creating an account.
Children’s Privacy
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from Children.
If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us.
HOW DATA IS COLLECTED
General
We may collect data either directly from you, or from third parties, when you:
register for the Services;
interact with the Services;
communicate with us through correspondence, chats, email or otherwise share information with us;
engage in other related social applications, services or websites;
interact with our Services, content, advertisements and/or marketing material; or
invest in our business or enquire about our business.
Otherwise, we try to collect any data directly from you with your informed consent (via this policy and its related documents) and by lawful means.
Our Policy On “Do Not Track” (DNT) Signals
Our Services do not support DNT web-browser settings. This means that if you do not want to be tracked, you’ll need to contact us with a privacy enquiry (see our contact details below)
USE OF DATA
General
We use the collected data for various purposes:
To enable you to access and use our Services (on the grounds of fulfilment of our contract with you);
To operate, maintain, protect, improve and optimise our Services (on the grounds of fulfilment of our contract with you);
To notify you about changes to our Services (on the grounds of our legitimate interests in ensuring you are aware of any relevant changes);
To allow you to participate in interactive features of our Services when you choose to do so (on the grounds of your consent);
To provide or administer rewards, surveys, contests or other promotional activities or events;
To provide customer support (on the grounds of our legitimate interests in ensuring you receive the help you need when accessing our Services);
To gather analysis or valuable information so that we can improve our Services;
To monitor the usage of our Services;
To gather analysis or valuable information so that we can improve our Services (on the grounds of your consent);
To monitor the usage of our Services (on the grounds of your consent);
To detect, prevent and address technical issues (on the grounds of our legitimate interests in maintaining the functionality of the Services);
To provide you with notifications, and information about other Services we offer unless you have opted not to receive such information (on the grounds of your consent). This correspondence may occur by Application notification, email, text message or another electronic format;
To comply with our legal obligations, resolve any issues our users may encounter, and enforce our agreements with third parties; and,
To consider your employment application.
We will only collect and use data necessary for the primary purpose it is collected for, or other excepted purposes outlined in this policy.
We will only use or disclose data where we believe in the data is accurate, up to date, complete, relevant and not misleading.
HANDLING AND DISCLOSURE OF DATA
Disclosure of Data (who)
We may disclose personal information for the purposes described in this privacy policy to:
Our employees and related bodies corporate;
Third party suppliers and service providers (including providers for the operation of the Services and/or our business;
Professional advisors, dealers and/or agents;
Payment systems operators (for example, merchants receiving card payments);
Our existing or potential agents, business partners or partners;
Our sponsors or promotors of any competition that we conduct via our services’
Anyone to whom our assets or businesses (or any part of them) are transferred; specific third parties authorised by you to receive information held by us;
Other persons, including government agencies, regulatory bodies and law enforcement agencies; and/or
As otherwise required or permitted by law.
Retention of Data (when)
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. Generally, all data on our servers is archived after 7 years. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.
Transfer and Storage of Data (where)
We use the following methods for storing data including back-ups:
physical data servers on servers and computes located in Australia.
cloud storage and file-share services, (who form part of our Service Providers referred to later) including:
Google Web Services (GWS);
Google Drive;
Dropbox
Your information, including Personal Data, may be transferred to — and maintained on — servers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside Australia and choose to provide information to us, please note that we transfer the data, including Personal Data, to Australia and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.
With third-party, cloud-storage services:
The individual data packets will be likely stored in an encrypted format, on servers located in different territories, as determined from time to time by the third-party providers.
As this data should only be accessible by us (and the cloud-storage provider, to the extent it is for legitimate maintenance and support reasons) the information contained in the data is stored in Australia, as it is only at this location where the data packets can be compiled to reveal the information.
Collaboration with Third Parties
We do not sell any Personal Data to third parties.
If we are involved in a collaboration with a third party which involves collecting Personal Data and you subscribe to a mailing list associated with this collaboration, your Personal Data may be transferred to this third party so that they may send you marketing in accordance with the consent you provided. Your Personal Data will only be given to the core third party involved in the associated collaboration.
Business Transaction
If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
Disclosure for Law Enforcement
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Legal Requirements
We may disclose your Personal Data to third parties (including legal advisors) in the good faith belief that such action is necessary to:
To comply with a legal obligation;
To protect and defend our rights or property;
To prevent or investigate possible wrongdoing in connection with the Service;
To protect the personal safety of users of the Service or the public; or
To protect against legal liability.
Security of Personal Data
We may hold your personal information in either electronic or hard copy form. The security of your Personal Data is important, and we take reasonable steps to ensure your personal information is protected against misuse, interference, loss, unauthorised access, modification or disclosure. These steps include various physical, administrative, personnel and technical measures.
THIRD PARTIES
Service Providers
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third-party Service Providers include:
The cloud storage and file share services mentioned earlier;
Google Analytics and AdWords
Facebook and Linked In remarketing.
who may have operations in or located in the United States.
When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that any personal information disclosed is handled in accordance with Australian Privacy Law. However, we are committed to taking all reasonable steps to ensure that any personal information disclosed to overseas recipients is handled in a way that complies with the Australian Privacy Principles.
Analytics (General)
We may use third-party Service Providers to monitor and analyse the use of our Services. We will only do so if we have your consent to use cookies in line with our cookie policy.
Analytics (Google)
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en.
Behavioural Remarketing (General)
We use remarketing services to advertise on third party websites to you after you visit our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service. We only do so if we have your consent to use cookies in line with our cookie policy.
Behavioural Remarketing (Google AdWords)
Google AdWords remarketing service is provided by Google Inc. We only use Google AdWords if we have your consent to use the relevant cookies in line with our cookie policy.
You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads.
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
Behavioural Remarketing (Facebook)
Facebook remarketing service is provided by the operators of facebook.com. We only use Facebook remarketing services if we have your consent to use the relevant cookies in line with our cookie policy.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950.
To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217.
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through:
The Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the
The Digital Advertising Alliance of Canada http://youradchoices.ca/ or
The European Interactive Digital Advertising Alliance http://www.youronlinechoices.eu/; or
Via opt-out using your mobile or computer device settings.
For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
Behavioural Remarketing (LinkedIn)
LinkedIn remarketing service is provided by LinkedIn Corporation (USA company). We only use LinkedIn remarketing services if we have your consent to use the relevant cookies in line with our cookie policy.
Information about LinkedIn marketing/ads can be found at: https://business.linkedin.com/marketing-solutions/ and https://www.linkedin.com/legal/ads-policy.
You can opt-out from Pinterest's interest-based ads by enabling the "Do Not Track" functionality of your web browser or by following Pinterest instructions: http://help.pinterest.com/en/articles/personalization-and-data
You can learn more about the privacy practices and policies of LinkedIn by visiting their Privacy Policy page: https://www.linkedin.com/legal/privacy-policy
COMMINICATION TO YOU
How we advertise and communicate with you
We may use remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.
We always try to acquire your express consent before sending advertisements and/or communications to you, by using a consent check box request.
Consent requests may pop up for you when you:
Sign up for our Services;
Sign up for direct email newsletter/updates;
Contact us on our website; or
Download documents from our landing pages.
All advertisements will identify us as the sender.
All emails will have an ‘opt-out’ link you can use to disable us sending marketing content to you, which will be complied within five (5) business days.
For more information on Australian spam law requirements, please refer to the Australian Communications and Media Authority: https://www.acma.gov.au/spam-and-telemarketing
For more information on the UK requirements please see refer to the Privacy and Electronic Communications Regulations and the Data Protection Act: https://ico.org.uk/for-organisations/guide-to-pecr/what-are-pecr/
Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
YOUR RIGHTS
Our Complaints Process
You can submit complaints to us using the contact information provided below under the Contact Us heading.
Our Data Protection Officer will review your complaint and will respond to you with further details as soon as practicable.
You have the right, under the APPs to request access to the Personal Information we hold for you (and confirmation if we hold any such data). You also have the right to request the correction of such information.
You can submit complaints to us using our contact details below (see contact details); for digital notices we accept multiple formats of Word, PDF and RTF documents.
You can also lodge a complaint with the OAIC if the privacy/data issue hasn’t been resolved. For more information, please visit https://www.oaic.gov.au/privacy/privacy-complaints/.
CHANGES TO THIS DOCUMENT AND OUR OTHER DOCUMENTS
We may update this document from time to time. Any changes will be notified via posting the updated information on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this document.
You are advised to review this document periodically for any changes. Changes to this document are effective when they are posted on this page.
Here is a list of our other policies and agreements:
Privacy Policy: [LINK]
Cookies Policy: [LINK]
Terms of Use: [LINK]
CONTACT US
If you have any questions about this document, the data we hold, or you would like to exercise one of your rights regarding the data, please contact us.
Company
Black Box Trading Company Pty Ltd 645 397 342
Attention
Privacy and Data Protection Officer
Email
privacy@blackboxco.com.au
Phone
0419 805 790 (Emma Black) / 0419 332 895 (Edwina Warby)
Postage
C/ Macpherson Kelley Lawyers
L16, 324 Queen Street,
Brisbane, QLD 4000, Australia
END OF DOCUMENT
This Privacy Policy has been prepared with our legal team at
Macpherson Kelley Lawyers
© Black Box Trading Company Pty Ltd 2023
