1.1Pirkx Australia Pty Ltd (ACN 635 092 394) (Pirkx) is a company registered in Australia and is committed to keeping your information safe and secure in accordance with the Privacy Act 1988 (Cth) (the Privacy Act) and the Australian Privacy Principles contained therein. By using Pirkx’s services, you are giving consent to Pirkx to use your private information in the manner set out in this Privacy Policy.
2. COLLECTION OF PERSONAL INFORMATION
2.1Pirkx may collect and use the following kinds of information:
information about your personal details (including name, phone contact details, email and payment information)
2.2Information about your personal information may be collected from you in a variety of ways, including but not limited to when you:
interact with Pirkx electronically or in person;
use Pirkx’s services (the Services);
change your content or email preference;
provide us with feedback;
respond to surveys and/or promotions;
communicate with our customer support;
provide financial or credit card information; and
when Pirkx provides products and/or Services to you.
3. USE AND DISCLOSURE OF PERSONAL INFORMATION
3.1Pirkx may use your personal information to:
supply to you the Services that you request as a user;
receive and/or access information from third party providers (the Third Party) for the provision of the Services to you;
contact you regarding your use of the Services offered by Pirkx;
contact you in relation to comments, complaints, enquiries or dispute resolution;
collect payments from you;
communicate with a Third Party or associate parties with respect to the provision of the Services;
provide you with information, updates of our products, website and Services, including but not limited to, updates about our promotions;
provide you with information and updates around any changes to the law;
communicate with Third Parties or associate parties with respect to the payment of the fees associated with the provision of the Services; and
send you marketing communications.
3.2If you do not want to be contacted by Pirkx for marketing or promotional updates, please email us at hello@pirkx.com.au.
3.3Pirkx will not disclose personal information about you, unless it is required, incidental or otherwise related to the primary purpose of providing Services to you or a Third Party for which you have consented to by using the Services.
3.4Notwithstanding clause 3.3, Pirkx may disclose your personal information to a Third Party who can assist them to provide Services to you as a customer.
3.5You agree and acknowledge that a Third Party may contact you through a variety of measures, including but not limited to, telephone, emails, sms or mail for the primary purpose of providing the Services to you.
3.6Pirkx, in its sole discretion, may disclose your personal information if it is required to do so, including:
in the event of medical emergency;
in order to establish, exercise or defend its legal rights;
as required or authorised by law; or
to the extent required to permit Pirkx 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 Pirkx deems improper.
3.7Pirkx may contact you through a variety of measures, including but not limited to, telephone, email, sms or mail.
4. SECURITY AND ACCURACY
4.1It is important that you advise Pirkx of changes to your personal information that you have provided to Pirkx as it is essential that your personal information is accurate, complete, and up to date in order for Pirkx to provide the Services.
4.2Pirkx will take commercially reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure. However, Pirkx is not liable for any unauthorised access to this information
4.3Pirkx will take commercially reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes of providing its Services to you and where Pirkx is not required to retain that information by law
5. ACCESS AND CORRECTION
5.1You are responsible to ensure that the information you provide to Pirkx is accurate, complete and up to date.
5.2By request, you may contact Pirkx 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.
5.3By request, you may access your personal information by contacting Pirkx at hello@pirkx.com.au. Pirkx reserves the right to charge a reasonable administration fee for this access.
5.4Pirkx 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. IDENTIFIERS AND ANONYMITY
6.1You acknowledge that Pirkx retains, collects and maintains your personal information for statistical analysis purposes (whether for commercial or non-commercial purposes). You agree that Pirkx may share, distribute and/or transfer information which you have provided to Pirkx to third parties, after that information has been de-identified.
7. COOKIES
7.1We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your device. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website.
7.2You agree and acknowledge that our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience.
7.3You 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.
7.4If you would do not want a cookie to be sent to you then you can update your computer preference to refuse cookies or to have your computer warn you each time a cookie is sent to you. You agree and acknowledge that if you turn off the cookies function on your computer, then some of our Services may not function properly.
8. TRANS-BORDER DATA FLOWS
8.1Pirkx 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 Services.
8.2In addition to the above, Pirkx will transfer personal information to someone who is in a foreign country where:
Pirkx 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;
the individual consents to the transfer by accepting our privacy policy;
the transfer is necessary for the performance of a contract between you and Pirkx, or for the implementation of pre-contractual measures taken in response to your request;
the transfer is necessary for the conclusion or performance of a contract concluded in your interest between Pirkx and a Third Party;
all of the following apply:
the transfer is for your benefit;
it is impracticable to obtain your consent to that transfer; and
if it were practicable to obtain such consent, you would be likely to give it; or
Pirkx 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.
9. SENSITIVE INFORMATION
9.1Sensitive 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.
9.2Sensitive information will be used by Pirkx only:
for the primary purpose for which it was obtained;
for a secondary purpose that is directly related to the primary purpose;
with your consent; or
where required or authorised by law
10. THIRD PARTY LINKS
10.1Our 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.
10.2Notwithstanding clause 10.1, we may receive commission or payment from a Third Party.
10.3By clicking on any Third Party links on our website, you agree and acknowledge that we are not responsible for the privacy practices of other such websites. We recommend that you review and become familiar with the relevant documentation provided by the Third Party, including and not limited to, the applicable Terms and Conditions of Use and Privacy Policy, prior to using the Third Party.
11. COMPLAINTS
11.1As a valuable customer, if you have any complaints in relation to this Privacy Policy or privacy practice, please feel free to contact Pirkx via hello@pirkx.com.au.
11.2A complaint should identify whether it is about:
the collection of personal information;
the use of personal information;
the disclosure of personal information;
the security or storage of personal information;
the accuracy of personal information;
a refusal to give access to or provide about their personal information; or
a refusal to change or delete personal information.
11.3Pirkx values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, Pirkx 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, Pirkx will assess your response and advise if it has changed its view. If you are unsatisfied with the final outcome, Pirkx will advise further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.
12. MISCELLANEOUS
12.1Waivers
In limited circumstances, Pirkx may allow you to waive application of this Privacy Policy. A waiver of this Privacy Policy must be in writing and signed by Pirkx. Pirkx anticipates that the waiver of this Privacy Policy would only be in exceptional circumstances, and Pirkx encourages that you consider the circumstances leading to the waiver request prior to submitting such a request.
12.2Governing Law & Jurisdiction
This Privacy Policy is governed by the laws of Sydney, Australia. In the event of any dispute arising out of or in connection with this Privacy Policy, you agree that the exclusive venue for resolving any dispute will be Sydney, Australia.
13. VARIATION TO THIS PRIVACY POLICY
13.1Pirkx reserves the right to modify or amend this Privacy Policy at any time, for any reason, and without any notice, by posting a revised version on its website. Any changes to this Privacy Policy will become effective when Pirkx posts the revised Privacy Policy on the website. Your use of the Services following these changes means that you accept the revised Privacy Policy.
13.2This policy was last modified on 30th September 2021.
14. CONTACT
14.1Please contact Pirkx if you have any questions regarding this Privacy Policy.
