1. Introduction
Dear customer, we're Cane Toad Equipment (ABN ), , , Australia ("Canetoad Equip") and welcome to our privacy policy. This policy sets out how we handle your personal information if you're an Canetoad Equip user or visitor to our Site.
When we say 'we', 'us' or 'Canetoad Equip' it's because that's who we are and we own and run the Site.
If we say 'policy' we're talking about this privacy policy. If we say 'user terms' we're talking about the rules for using the Site. The rules vary by product and each product makes them separately available and seeks consent to them separately to this policy.
2. The type of personal information we collect
We collect certain personal information about visitors and users of our Site.
The most common types of information we collect include things like: usernames, member names, email addresses, IP addresses, other contact details, survey responses, blogs, photos, payment information such as payment agent details, transactional details, tax information, support queries, forum comments, content you direct us to make available on our Site (such as item descriptions) and web analytics data.
3. How we collect personal information
We collect personal information directly when you provide it to us, automatically as you navigate through the Site, or through other people when you use services associated with the Site.
We collect your personal information when you provide it to us when you complete membership registration and buy or provide items or services on our Site, subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send us a communication.
4. How we use personal information
We will use your personal information:
- To fulfil a contract, or take steps linked to a contract: in particular, in facilitating and processing transactions that take place on the Site, like where you purchase an item from our online store.
- Where this is necessary for purposes which are in our, or third parties', legitimate interests. These interests include:
- operating the Site;
- providing you with services described on the Site;
- verifying your identity when you sign in to any of our Site;
- responding to support tickets, and helping facilitate the resolution of any disputes;
- updating you with operational news and information about our Site and services e.g. to notify you about changes to our Site, website disruptions or security updates;
- carrying out technical analysis to determine how to improve the Site and services we provide;
- monitoring activity on the Site, e.g. to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the Site;
- managing our relationship with you, e.g. by responding to your comments or queries submitted to us on the Site or asking for your feedback or whether you want to participate in a survey;
- managing our legal and operational affairs (including managing risks relating to content and fraud matters);
- training Canetoad Equip staff about how to best serve our user community;
- improving our products and services;
- providing general administrative and performance functions and activities.
- Where you give us consent:
- providing you with marketing information about products and services which we feel may interest you; and
- customising our services and websites, like advertising that appears on the Site — where this involves the use of cookies or similar technologies — in order to provide a more personalised experience.
- For purposes which are required by law.
- For the purpose of responding to requests by government, a court of law, or law enforcement authorities conducting an investigation.
5. When we disclose your personal information
- We will disclose personal information to the following recipients:
- we are located in Australia;
- authors of any items or services made available to you, so they can facilitate support and license validation, who may be located in any of the countries our products are available in;
- subcontractors and service providers who assist us in connection with the ways we use personal information (as set out above), in particular: website hosting providers located in Australia; technical and customer support services located in Australia; marketing and analytics services located in the US; security and fraud prevention services located in the US; subscription management services located in the US; payment processing services located in the US, UK and Australia; and operational tooling services located in Australia. Our subcontractors and service providers may also transfer and access this information from other countries in which they have operations;
- our professional advisers (lawyers, accountants, financial advisers etc.) located in Australia;
- regulators and government authorities in connection with our compliance procedures and obligations;
- a purchaser or prospective purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase;
- a third party to respond to requests relating to a criminal investigation or alleged or suspected illegal activity;
- a third party, in order to enforce or defend our rights, or to address financial or reputational risks;
- a rights holder in relation to an allegation of intellectual property infringement or any other infringement; and
- other recipients where we are authorised or required by law to do so.
6. Where we transfer and/or store your personal information
- We are based in Australia so your data will be processed in Australia. Some of the recipients described above, to whom we disclose your personal information, are based outside Australia in places like Canada, Ireland, the UK, and the US. We do this on the basis of your consent to this policy. To protect your information, we take care where possible to work with subcontractors and service providers who we believe maintain an acceptable standard of data security compliance.
7. How we keep your personal information secure
- We store personal information on secure servers managed by us and our service providers, and occasionally hard-copy files kept in a secure location in Australia. Personal information that we store or transmit is protected by security and access controls, including username and password authentication, two-factor authentication, and data encryption where appropriate.
8. How you can access your personal information
- You can access some of the personal information that we collect about you by logging in to your account. You also have the right to make a request to access other personal information we hold about you and to request corrections of any errors in that data. You can also close your account with us at any time. To make an access or correction request, contact our privacy champion using the contact details at the end of this policy.
9. Marketing choices regarding your personal information
- Where we have your consent to do so (e.g. if you have subscribed to one of our email lists or have indicated that you are interested in receiving offers or information from us), we send you marketing communications by email about products and services that we feel may be of interest to you. You can 'opt out' of these communications at any time using the unsubscribe facility provided in the communication itself.
- You also have choices about cookies, as described below. By modifying your browser preferences, you can accept all cookies, be notified when a cookie is set, or reject all cookies. If you choose to reject cookies, some parts of our Site may not work properly for you.
10. Cookies and web analytics
- When you visit our Site, certain information is recorded that is generally anonymous and doesn't reveal your identity. If you're logged into your account, some of this information could be associated with your account. It's used purely to make online-shop functions such as the shopping cart and wish list work for you. We're talking about the following kinds of details:
- your IP address or proxy server IP address;
- the domain name you requested;
- the name of your internet service provider, sometimes captured depending on the configuration of your ISP connection;
- the date and time of your visit to the website;
- the length of your session;
- the pages which you have accessed;
- the file URL you look at and information relating to it;
- the website which referred you to our Site; and
- the operating system which your computer uses.
11. Information you make public or give to others
- If you make your personal information available to other people, we can't control or accept responsibility for the way they will use or manage that data. There are lots of ways you can find yourself providing information to other people, like when you post a public message on a forum thread, share information via social media, or make contact with another user (such as a third-party author) whether via our Site or directly via email. Before making your information publicly available or giving it to anyone else, think carefully. If giving information to another user via our Site, ask them how they will handle your information. If you're sharing information via another website, check the privacy policy for that site to understand its information management practices, as this privacy policy will not apply.
12. How long we keep your personal information
- We retain your personal information for as long as is necessary to provide the services to you and others, and to comply with our legal obligations. If you no longer want us to use your personal information or to provide you with the Canetoad Equip services, you can request that we erase your personal information and close your Canetoad Equip account. Please note that if you request the erasure of your personal information, we will retain information from deleted accounts as necessary for our legitimate business interests, to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the terms of service and take other actions permitted by law. The information we retain will be handled in accordance with this privacy policy.
13. When we need to update this policy
- We will need to change this policy from time to time to make sure it stays up to date with the latest legal requirements and any changes to our privacy management practices.
- When we do change the policy, we'll make sure to notify you about such changes, where required. A copy of the latest version of this policy will always be available on this page.
14. How you can contact us
- If you have any questions about our privacy practices or the way we've been managing your personal information, please contact our privacy champion in writing at PO Box 16122 Collins Street West Victoria 8007 Australia or [email protected].
15. If you're a user or visitor in the European Economic Area, these rights also apply to you
- For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679, the "GDPR"), we are a 'data controller' of your personal information.
16. How you can access your personal information
- You are also entitled to ask us to port your personal information (i.e. to transfer it in a structured, commonly used and machine-readable format to you), to erase it, or to restrict its processing. You also have rights to object to some processing that is based on our legitimate interests, such as profiling we perform for direct marketing, and, where we have asked for your consent to process your data, to withdraw that consent as more fully described below.
- These rights are limited in some situations — for example, where we can demonstrate a legal requirement to process your personal information. In some instances, this means we may retain some data even if you withdraw your consent.
- Where we require your personal information to comply with legal or contractual obligations, provision of that data is mandatory: if it's not provided, we won't be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal information is optional.
- If you have unresolved concerns, you also have the right to complain to a data protection authority. The relevant authority will be the one for the country of (i) your habitual residence, (ii) your place of work, or (iii) where you consider the alleged infringement occurred.
Both personal information and personal data have the same meaning in the context of this privacy policy.