1. Summarised extent of our commitment

1.1. This Privacy Policy (Policy) applies to the collection, storage, use and dissemination of your personal information by Datium Insights;

1.2. This Policy relates to the collection and use of your personal information by Datium Insights through your use of the Datium Insights Platform, Website and Services or otherwise throughout your interactions with Datium Insights products;

1.3. We are committed to protecting your privacy and that of each of our customers;

1.4. Datium Insights has developed this Policy in line with the ‘National Privacy Principles’ and) the ‘Australian Privacy Principles’ in the Privacy Act 1988 (Cth) (Act);

1.5. We use the information we collect on our site to improve our Website, Platform and Services; and

1.6. We will always respect your wishes and take all reasonable steps to securely destroy your personal information, should you later decide to change your mind on the information that we have collected from you and expressly ask us to do so. We note that in some cases Datium Insights will be required to retain certain information due to legal reasons.

1.7 The definitions of the capitalised words, terms and expressions herein shall bear the same meaning as the said words, terms and expressions in the Terms and Conditions save where specifically defined in this Privacy Policy.

2. Our Commitment to your Privacy

2.1. Datium Insights collects personal information from you that is required to provide you with the goods and services you request from us;

2.2. Your personal information is collected to enable us to complete your transactions with us and to gain an understanding of your preferences and requirements in order for us to provide information, goods and services that are of interest to you;

2.3. Your personal information may be maintained by Datium Insights where it is necessary for us to perform our functions and/or abide by our obligations.

2.4. Your personal information is also collected to enhance your use of the Websites;

2.5. The confidentiality of your personal information is of the utmost importance to us;

2.6. In the event of a merger, acquisition or sale of the whole or part of the business of Datium Insights, we reserve the right to transfer your Personal Information as part of any such transaction;

2.7. Our Website, Platform and Services may contain direct links to other sites operated by third parties. You acknowledge that such sites may not be operated by Datium Insights. Advertisements on such sites, and links to or from other sites, do not constitute Datium Insights’ sponsorship, approval, endorsement of the content, policies, practices or services offered on those advertisements or sites.

2.8. In some instances, Datium Insights will be required to pass on your information to parties where that information is directly related to Datium Insights’ primary purpose of administering or facilitating the purchase of a good or service by you.

3. How do we respect your right to privacy?

3.1. In registering your personal information with us and in using our web services, we pledge to respect your right to privacy in the following ways:

(a) By assuring you of our total commitment to maintaining your privacy;

(c) By letting you decide whether or not to receive information from third parties approved by us.

3.2. We will use all reasonable endeavours to maintain the security of your personal information and to protect your personal information from misuse, interference and loss and against unauthorised access, modification or disclosure.

3.3. Due to the nature of the Internet, we provide no guarantee or warranty regarding the security of your personal information during transmission to us or storage by us and you acknowledge that you disclose your personal information to us at your own risk. Please contact us immediately if you become aware or have reason to believe there has been any unauthorised use of your personal information in connection with the Website, Platform or Services.

4. Why do we need your information?

4.1. So that we can allow you access to our Platform and Services and to allow processing of your online purchases and sales, including processing your payments for items purchased; and

4.2. So we can identify you as a legitimate client and constantly improve your experience; and

4.3. To operate, protect and optimise our Website, Platform and Services, business and our Users’ experience, such as to perform analytics, conduct research; and

4.4. To send you notifications, alerts, messages, notices, updates, reminders and any information that you have requested; and

4.5. To send you marketing and promotional messages or other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting; and

4.6. To administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners; and

4.7. To comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.

5. Third Parties

5.1. We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us, to develop anonymised consumer insights so that we can better understand your preferences and interests, in order to personalise your experience and enhance the products and services that you receive.

6. Collection of Information

6.1. Although we undertake not to collect or monitor any personal information about you without your consent, we may be compelled to do so in the following situations:

(a) Because it is required by law;

(b) To provide you with a service you have requested;

(c) To fulfil our terms, conditions, internal policies or business rules; and

(d) To protect our property rights, to protect any Datium Insights’ clients, users or any member of the public.

7. Disclose

7.1. We may disclose personal information that we gather to our cloud hosting provider, possibly outside of Australia, which is protected by state of the art ‘firewalls’. 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 overseas recipients handle that personal information in compliance with Australian Privacy Law. We will however, take all reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Law. Although we make no guarantee as to the absolute security of your personal information, we will use all reasonable measures to maintain its security.

8. Access to your personal information

8.1. Datium Insights will use all reasonable endeavours to keep personal information it holds accurate, complete, up-to-date, relevant and not misleading. Please contact us if you would like to access the personal information we hold about you. We will use reasonable endeavours to provide a complete list of your personal information within a reasonable period of receipt of your request. Datium Insights may in certain circumstances charge you for these services.

8.2. You may contact us to correct any of your personal information that is inaccurate, incomplete or out-of-date. We will use reasonable endeavours to correct your personal information as requested within a reasonable period of receipt of your request. Datium Insights will not charge you for this service. If applicable, any legal requirement on us to maintain certain records of your personal information shall prevail over any of your requests. We may require you to provide your identity before providing you with copies of your personal information.

9. Tracking

9.1. We will track web traffic patterns throughout the Datium Insights Website, Platform and Services.

10. Access to your personal information

10.1. We reserve the right to use a feature of your browser called a “cookie” to assign a “User ID.” Cookies, by themselves, cannot be used to find out your identity or the identities of any of our users, but only identifies your computer to our servers when you visit our site.

10.2. Cookies are commonly used by websites on the Internet for identification purposes and to allow functions on websites to work as intended. Cookies are a small data file transferred to your device that recognises and identifies your device and allows your device to ‘remember’ information from the Websites for future use. Cookies do not contain any information that personally identifies you and we do not use Cookies in order to obtain such information – your personal information can only be obtained by Datium Insights if you actively provide it to us. The information collected by way of Cookies is about our visitors as a whole, not about individuals. Your device should allow you to refuse Cookies if you wish by changing the settings.

11. Correspondence

11.1. It is our policy only to send emails to customers who give us permission to do so. In every such email, we will also have instructions on how you may unsubscribe from the e-mail list so that you will not receive any future e-mails if you do not wish to.

12. Consents

12.1. You consent to the following:

(a) That in using our sites, Datium Insights may collect and use the information you provide to us;

(b) Datium Insights may provide your information to third parties where that information was provided by you to enable us to administer or facilitate the purchase of a good or service by you; and

(c) Datium Insights may change, alter or modify our privacy policy from time to time without prior notice to you.

13. Direct Marketing

13.1. We and/or our carefully selected business partners may send you direct marketing communications and information about our software products. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act 2003 (Cth) and the Privacy Act 1988 (Cth) . You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (e.g. an unsubscribe link).

14. Changes to this policy

14.1. We will always post changes in our policy on this page, so that you are always aware of what information we collect and how we use it.

15. Children and minors

15.1. Datium Insights requests that a child’s parent or legal guardian consent to their child’s use of the Websites and explain this Privacy Policy to them. All persons under the age of 18 must obtain the consent of their parent or legal guardian before submitting personal information.

15.2. If a minor has provided us with personal information without the consent of his or her parent or legal guardian their personal information may be removed by e-mailing a request to our Privacy Officer.

16. Applicable Law

16.1. The Websites are controlled by us from our offices in New South Wales, Australia.

16.2. Those who choose to access the Websites from locations outside Australia do so at their own initiative and are responsible for compliance with local laws. This Privacy Policy will be governed by and construed in accordance with the laws of New South Wales, Australia.

16.3. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales. If any provision of this Privacy Policy is found to be invalid or unenforceable by a court of law it will be severed from this policy, however such invalidity or unenforceability will not affect the remainder of this Privacy Policy which will continue in full force and effect.

If you require any further information on the Datium Insights Privacy Policy, or would like to read, correct or delete any of your personal information, or otherwise have a complaint concerning the privacy of your personal information held by us (including a breach of the ‘National Privacy Principles’ and the ‘Australian Privacy Principles’ in the Privacy Act 1988 (Cth), please contact us by email addressed to info@datiuminsights.com.au.

This Privacy Policy is dated 1 September 2018.