2.0 COLLECTION OF PERSONAL INFORMATION
2.1 Deja Marc may collect and use the following kinds of information about your personal details including but not limited to, name, phone contact details, address information, email, payment information, biometric data and location data.
2.2 Information about your personal information may be collected from you in a variety of ways, including but not limited to when you:
(a) interact with Deja Marc electronically or in person;
(b) use Deja Marc’s Products (the Products);
(c) change your content or email preference;
(d) provide us with feedback;
(e) respond to surveys and/or promotions;
(f) communicate with our customer support;
(g) provide financial or credit card information; and
(h) when Deja Marc provides any services to you.
3.0 USE AND DISCLOSURE OF PERSONAL INFORMATION
3.1 Deja Marc may use your personal information to:
(a) supply to you the Products that you request as a user;
(b) receive and/or access information from third party providers (the Third Party) for the provision of the Products to you;
(c) contact you regarding your use of the Products offered by Deja Marc;
(d) contact you in relation to comments, complaints, enquiries or dispute resolution;
(e) collect payments from you;
(f) communicate with a Third Party or associate parties with respect to the provision of the Products;
(g) provide you with information, updates of our services, website and Products, including but not limited to, updates about our promotions;
(h) provide you with information and updates around any changes to the law;
(i) communicate with Third Parties or associate parties with respect to the payment of the fees associated with the provision of the Products; and
(j) send you marketing communications.
If you do not want to be contacted by Deja Marc for marketing or promotional updates, please email us at firstname.lastname@example.org.
3.2 Deja Marc will not disclose personal information about you, unless it is required, incidental or otherwise related to the primary purpose of providing Products to you or a Third Party for which you have consented to by using the Products.
3.3 Notwithstanding clause 3.2, Deja Marc may disclose your personal information to a Third Party who can assist them to provide Products to you as a customer.
3.4 Deja Marc, in its sole discretion, may disclose your personal information if it is required to do so, including:
(a) in order to establish, exercise or defend its legal rights;
(b) as required or authorised by law; or
(c) to the extent required to permit Deja Marc to investigate suspected fraud, harassment or other violations of any law, rule or regulation, our terms and conditions, our policies, or the rights of third parties or any other suspected conduct Deja Marc deems improper.
3.5 Deja Marc may contact you through a variety of measures, including but not limited to, telephone, email, sms or mail.
4.0 SECURITY AND ACCURACY
4.1 It is important that you advise Deja Marc of changes to your personal information that you have provided to Deja Marc as it is essential that your personal information is accurate, complete, and up to date in order for Deja Marc to provide the Products.
4.2 Deja Marc will take commercially reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure. However, Deja Marc is not liable for any unauthorised access to this information.
4.3 Deja Marc may take commercially reasonable steps to destroy or permanently de-identify personal information after seven (7) years from the date that the personal information is collected from you, unless the personal information is otherwise required to be retained by law.
5.0 ACCESS AND CORRECTION
5.1 You are responsible to ensure that the information you provide to Deja Marc is accurate, complete and up to date.
5.2 By request, you may contact Deja Marc and ask to know what sort of personal information is held about you, for what purposes, and how it is collected, held, used and disclosed.
5.3 By request, you may access your personal information by contacting Deja Marc at email@example.com. Deja Marc reserves the right to charge a reasonable administration fee for this access.
5.4 Deja Marc in its sole discretion, may consider that there is a sound reason under the Privacy Act, Freedom of Information Act or other relevant law to withhold personal information, or not make the requested changes.
6.3 You agree and acknowledge that cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords and Facebook Pixel. These ads may appear on this website or other websites you may visit.
7.0 TRANS-BORDER DATA FLOWS
7.1 Deja Marc may use cloud services, and as such, its servers may be located in Australia or overseas and you acknowledge, agree and understand that your personal information may be transferred and stored in Australia and other foreign jurisdictions which the cloud services may direct the data to be stored. You agree for us to transfer your information into foreign jurisdictions for the purposes of providing you with the Products.
7.2 In addition to the above, Deja Marc will transfer personal information to someone who is in a foreign country where:
(a) Deja Marc reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Australian Privacy Principles;
(b) the individual consents to the transfer;
(c) the transfer is necessary for the performance of a contract between you and Deja Marc, or for the implementation of pre-contractual measures taken in response to your request;
(d) the transfer is necessary for the conclusion or performance of a contract concluded in your interest between Deja Marc and a Third Party;
(e) all of the following apply:
(i) the transfer is for your benefit;
(ii) it is impracticable to obtain your consent to that transfer; and
(iii) if it were practicable to obtain such consent, you would be likely to give it; or
(f) Deja Marc has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.
8.0 SENSITIVE INFORMATION
8.1 Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
8.2 Sensitive information will be used by Deja Marc only:
(a) for the primary purpose for which it was obtained;
(b) for a secondary purpose that is directly related to the primary purpose;
(c) with your consent; or
(d) where required or authorised by law.
9.0 THIRD PARTY LINKS
9.1 Our site may from time to time have links to other websites that are not owned or controlled by us. These links are included on our website for your convenience only. Any links to Third Party websites do not constitute sponsorship, endorsement or approval of these websites.
9.2 Notwithstanding clause 9.1, we may receive commission or payment from a Third Party.
10.1 A complaint should identify whether it is about:
(a) the collection of personal information;
(b) the use of personal information;
(c) the disclosure of personal information;
(d) the security or storage of personal information;
(e) the accuracy of personal information;
(f) a refusal to give access to or provide about their personal information; or
(g) a refusal to change or delete personal information.
10.2 Deja Marc values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, Deja Marc will respond in a timely manner to advise you of the outcome following its enquiring into the same. You will also be invited to respond to its outcome. If a response is received, Deja Marc will assess your response and advise if it has changed its view. If you are unsatisfied with the final outcome, Deja Marc will advise further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.
11.2 Governing Law & Jurisdiction
12.2 This policy was last modified on 17th December 2021.