Privacy Policy
Date: March 2023
Version: 1.1
Product
provider: Ziksu Capital Ltd
ABN 73 642 576 350
Authorised
representative # 001280302
Level 7, 200 Adelaide
Terrace, East Perth, Western Australia 6004
Phone
1300 194 578
We understand that by entrusting us
with your personal information, we have a responsibility to protect and
maintain your privacy. We take this privacy commitment seriously. We also recognize
the importance of transparency with respect to our privacy practices. As part
of our dedication to transparency, this Privacy Policy (Policy)
describes the information we collect from you and how that information is used
and shared by us. It also includes details about the choices we offer you in
relation to your information. Please review it carefully.
In this Policy, ‘us’, ‘we’, ‘our’ and ‘Ziksu’
means Ziksu Capital Ltd (Ziksu)
(ACN 642
576 350) and its related corporate bodies (as
applicable).
Scope of Policy
This privacy policy (Policy) applies to personal information
collected by us. We are bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988
(Cth) (the Privacy Act) and the APP
guidelines, which governs the way private sector organisations collect, use,
keep secure, and disclose personal information.
We protect your information and aim to be clear and open about what we
do with it. You can find more information from our Product Disclosure Statement
and terms and conditions.
The
Policy sets out the following in relation to personal information of customers
and/or users (‘you’ or ‘your’) submitted through the site owned and operated by
Ziksu at https://ziksu.com/:
- what kind of personal information
we collect.
- how we collect and hold personal
information.
- why we collect, hold, use and
disclose personal information.
- how we keep personal information
secure, accurate and up to date.
- how to seek access to and update
your personal information; and
- how to contact us with privacy
queries.
We recognise the importance of
protecting the privacy of personally identifiable information collected about
our customers. We will not pass on the personal information you have given us
to anyone without first asking your permission unless we are required or
permitted to do so by law.
We
care about your privacy.
We
will never rent, trade, or sell your email address to anyone.
We
will never publicly display your email address or other personal details that
identify you.
We recommend that you read and consider
this privacy policy carefully before navigating the Company’s website https://ziksu.com/
(website) or using any services provided by the Company. If you are
under 18, you may use our website only with the involvement of a parent or
guardian.
What information we collect
In general, the personal information we collect about you
includes, but is not limited to:
- your name, address (postal and
residential), email address, mobile phone or telephone number, date of
birth and gender when you register with us and download the mobile
application operated by us (App).
- your identification details such
as a driver’s licence, Medicare card or Passport.
- details of the device you have
used to access any part of our website or App, including connection type,
internet protocol address, mobile payment methods, QR codes or use of
mobile vouchers which information may be collected and used by us
automatically if you use our website or App.
- demographic information and
location data.
- financial information, including
credit card or debit card information, and direct debit details for your
bank account.
- transactions details relating to
your use of our products and services; and
- any other personal information
that is associated with your identity and which may be required to
facilitate your dealings with us.
Your telephone calls to us may also be recorded for training
and quality assurance purposes.
The
type of personal information we collect will depend on the type of products and
services you have asked us to provide. We aim only to collect the personal
information necessary for us to provide these products and services.
Sensitive
information is a sub-set of personal information that is given a higher level
of protection under the APPs. Sensitive information means information relating
to your racial and ethnic origin, political opinions, religion, trade union or
other professional associations or memberships, philosophical beliefs, sexual
orientation or practices, criminal records, health information or biometric
information.
We
only collect sensitive information if you consent to the collection of that information,
and it is reasonably necessary for one or more of our functions or activities
or collection of the sensitive information is required or authorised by law.
At
the time personal information is collected or as soon as practicable
thereafter, we will advise you of:
- our details and how to contact us.
- the purpose for which the
information is collected.
- details of how to access any
information held about you.
- the type of people and
organisations to which we may disclose that information; and
- the
legal and other consequences of you not providing the information, unless
obvious in the circumstances or detailed on the collection form.
We
may collect data relating to your activity on our website (including IP
addresses) via tracking technologies such as cookies (see further below), or we
may collect information from you in response to a survey. We generally use this
information to report statistics, analyse trends, administer our services, diagnose
problems, and target and improve the quality of our products and services. To
the extent this information does not constitute personal information, the APPs
do not apply, and we may use this information for any purpose and by any means
whatsoever.
We
generally advise that you do not publish or communicate personal information,
or at least limit the personal information that you publish or communicate, to
the public via our services, such as in our forums or blogs (Non-Confidential Information).
You
acknowledge that we cannot control any third-party collection or use of your
Non-Confidential Information.
You
agree that we may use and disclose Non-Confidential Information for any purpose
and by any means whatsoever.
Cookies
Our website uses ‘cookies’ to help personalise your online
experience.
A cookie is a text file or a packet of information that is
placed on your hard disk by a web page server to identify and interact more
effectively with your computer.
There are two types of cookies that may be used at our website:
a persistent cookie and a session cookie. A persistent cookie is entered by
your web browser into the ‘Cookies folder’ on your computer and remains in that
folder after you close your browser and may be used by your browser on subsequent
visits to our website. A session cookie is held temporarily in your computer’s
memory and disappears after you close your browser or shut down your computer.
Cookies cannot be used to run programs.
Cookies are uniquely assigned to you and can only be read by
a web server in the domain that issued the cookie to you. In some cases,
cookies may collect and store personal information about you. We extend the
same privacy protection to your personal information, whether gathered via
cookies or from other sources.
You
can configure your internet browser to accept all cookies, reject all cookies
or notify you when a cookie is sent. Please refer to your internet browser’s
instructions to learn more about these functions. Most web browsers
automatically accept cookies, but you can usually modify your browser settings
to decline cookies if you prefer. If you choose to decline cookies, you may not
be able to fully experience the interactive features of our website.
Why we use cookies
Our
website uses cookies to:
- remember your preferences for
using our website.
- show relevant notifications to you
(e.g., notifications that are relevant only to users who have, or have
not, subscribed to newsletters or email or other subscription services);
and
- remember details of data that you
choose to submit to us through online contact forms or by way of comments,
forum posts, chat room messages, reviews, and ratings, etc.
Many of these cookies are removed or cleared when you log
out, but some may remain so that your preferences are remembered for future
sessions.
Third party cookies
In some cases, third parties may place cookies through our website.
For example:
- Google Analytics, one of the most
widespread and trusted website analytics solutions, may use cookies for
de-identified data about how long users spend on our website and the pages
that they visit.
- Google AdSense, one of the most
widespread and trusted website advertising solutions, may use cookies to
serve more relevant advertisements across the web and limit the number of
times that a particular advertisement is shown to you; and
- third party social media
applications (e.g., Facebook, Twitter, LinkedIn, Pinterest, YouTube,
Instagram, etc) may use cookies to facilitate various social media buttons
and/or plugins in our website.
Re-marketing
We may use the Google AdWords and/or Facebook re-marketing
services to advertise on third party websites to previous visitors to this site
based upon their activity on this site. This allows us to tailor our marketing
to better suit your needs and to only display advertisements that are relevant
to you.
Such advertising may be displayed on a Google search results
page or a website in the Google Display Network or inside Facebook. Google and
Facebook may use cookies and/or pixel tags to achieve this.
Any data so collected by Google and/or Facebook will be used
in accordance with their own respective privacy policies. None of your personal
Google and/or Facebook information is reported to us.
You can set
preferences for how Google advertises to you using the Google Ads Settings page
(https://www.google.com/settings/ads). Facebook has enabled an AdChoices link
that enables you to opt out of targeted advertising.
How we collect it
We
may collect and store personal information in paper, physical and electronic
form provided by you in person or when you communicate with us by telephone,
email, web-based form, letter, facsimile or other means. Where practicable, we
will only collect information from you personally. However, we may collect your
personal information through advertisers, mailing lists, recruitment agencies, contractors,
and business partners. Where we receive (and retain) or use your personal
information received from a third party, we will contact you and advise you
that we hold this information.
We
may collect your personal information when you request or acquire a product or
service from us, register with us as an account holder, provide a product or
service to us, complete a survey or questionnaire, enter a competition or
event, contribute in a fundraising event, participate in our services
(including our blogs and forums) or when you communicate with us by e-mail,
telephone or in writing (e.g., if you contact our customer service team).
We
may also collect information from your computer or mobile device automatically
when you browse our website or use our App. This information may include the
date and time of your visit, your domain, locality, operating system, the
server your computer or mobile is using to access our website or App, your
browser and version number, search terms you have entered to find our website
or App, the pages of our website that you access, the device you use to access
our App and your IP address. We may also record certain information about your
use of our Website and the App such as which pages you visit and the time and
date of your visit.
The
device you use to access our Website and App may collect information about you
including your location using longitude and latitude co-ordinates obtained
through GPS, Wi-Fi, or cell site triangulation. For information about your ability
to restrict the collection and use of such information, please use the settings
available on your device.
We may use statistical analytics software tools
such as Google Analytics and software (including cookies) which transmit data
to third party servers located overseas including to Singapore, Japan, United
States of America, Brazil, Germany, and Ireland. To our knowledge, Google
Analytics does not identify individual users or associate your IP Address with
any other data held by Google.
If,
at any time, you provide personal or other information about someone other than
yourself, you warrant that you have that person’s consent to provide such
information for the purpose specified.
Why we collect it
The
primary purpose for which we collect information about you is to provide you
with products and services you have requested. We also collect information
about you for the purposes outlined below.
We
may state a more specific purpose at the point we collect your information.
If
you do not provide us with the information that we request, we may not be able
to provide you with our products or services. For example, if you do not
register as a member of our website, you will not be able to access features or
services that are reserved for members only.
How we use it
In
addition to the primary purpose outlined above, we may use the personal
information we collect, and you consent to us using your personal information:
- to communicate with you by phone,
mail, email, or SMS, and if you use our App, via push notification, to
inform you about existing and new products and services that may be of
interest to you.
- to provide you with news and
information about our products and services, and opportunities that we
believe you may be interested in.
- to personalise and customise your
experiences.
- to manage our relationship with
you.
- to improve our service to you and
your experience with us.
- to conduct competitions or
promotions.
- to verify your identity and match
your identification against an official record holder.
- to investigate any complaints
about or made by you, or if we have reason to suspect that you are in
breach of any of our terms and conditions or that you are or have been
otherwise engaged in any unlawful activity; and/or
- as required or permitted by any
law (including the Privacy Act).
We
will ensure that any email that you are sent, by us as direct marketing,
complies with the SPAM Act 2003 (Cth) and contains an ‘unsubscribe’ option, so
that you can remove yourself from any further marketing communications. To
opt-out of communications via SMS, reply with ‘STOP’. You may also opt-out of
receiving marketing materials from us, using the contact details set out below.
Please
note that our direct marketing list may be operated by software and servers
located overseas and your personal information may be sent overseas as part of
our marketing.
We
will also send communications that are required or necessary to be sent to
users of our Website and App that contain information about important changes, or
developments to, or the operation of, the Website or App, as well as other
communications you request from us. You may not opt out of receiving these communications,
though you may be able to adjust the media and format through which you receive
these notices.
How we disclose it
We
may disclose personal information, and you consent to us disclosing your
personal information, to related entities and employees (in which case, your
personal information will be collected, used, disclosed, managed, and stored in
accordance with this Policy).
We
may also disclose personal information, and you consent to us disclosing your
personal information, to third parties when it is necessary to provide you with
our products and services, providing such third parties are:
- engaged by us to perform functions
or provide products and services on our behalf, such as processing credit
card information, mail outs, debt collection, marketing, research, and
advertising.
- that are our agents, business
partners or joint venture entities or partners.
- that sponsor or promote any
competition that we conduct or promote via our services.
- authorised by you to receive
information held by us.
- as part of any investigation into
you or your activity, for example, if we have reason to suspect that you
have committed a breach of any of our terms and conditions, or have
otherwise been engaged in any unlawful activity, and we reasonably believe
that disclosure is necessary to the Police, any relevant authority or
enforcement body, or your Internet Service Provider or network
administrator.
- as part of a sale (or proposed
sale) of all or part of our business; and/or
- as required or permitted by any
law (including the Privacy Act).
Providing your
personal information to overseas recipients
We
may provide personal information we have collected about you (as described
above) to third party overseas service providers or other recipients. You agree
that we will not be required to take steps to ensure the overseas recipients do
not breach the APPs or the Privacy Act 1988 (Cth).
However,
we will not send your personal information outside of Australia unless:
- it is necessary to complete your
transaction.
- it is to a third party that we use
to assist us in providing our goods and/or services to you.
- you have provided your consent.
- we believed on reasonable grounds
that the organisation involved would only deal with your personal
information in a similar manner to the requirements under the APP’s; or
- where otherwise allowed by the
Privacy Act.
You agree that we will not be required to take
steps to ensure the overseas recipients do not breach the APPs or the Privacy
Act.
Any other use or disclosure we make of your
personal information will only be as required by law or as permitted by the
Privacy Act or by this Policy or otherwise with your consent.
Opting in or out
At
the point we collect information from you, you may be asked to ‘opt in’ to
consent to us using or disclosing your personal information, other than in
accordance with this Policy or any applicable law. For example, you may be
asked to opt-in to receive further information or communications from our
advertisers and supporters.
You
will generally be given the opportunity to ‘opt out’ from receiving
communications from us or from third parties that send communications to you in
accordance with this Policy. For example, you will be given the option to
unsubscribe to e-newsletters sent by us.
If
you receive communications purporting to relate to us or our services, that you
believe have been sent to you, other than in accordance with this Policy, or in
breach of any law, please write to us at the address set out below.
Management and security
We
are committed to maintaining the confidentiality of the information that you
provide us, and we will take all reasonable precautions to protect your
personal information from unauthorised use or alteration. In our business,
personal information may be stored both electronically (on our computer systems
and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email
filters, as well as passwords, protect all our electronic information.
Likewise, we take all reasonable measures to ensure the security of hard-copy
information.
Other
than in relation to Non-Confidential Information, we will take all reasonable
steps to protect the personal information that we hold from misuse, loss, or
unauthorised access, including by means of firewalls, password access, secure
servers and encryption of credit card transactions.
We
use a number of mechanisms to protect the security and integrity of your
personal information, including the appointment of a Privacy Officer to oversee
the management of personal information in accordance with this Policy and the
Privacy Act. Personal information is stored electronically.
We
use secure methods to destroy or permanently de-identify your personal
information when it is no longer needed. We will retain your personal
information while it is required for any of our functions, or for any other
lawful purpose.
Unfortunately,
no data transmission over the Internet (or otherwise) can be guaranteed as
completely secure. This means that we cannot guarantee that someone else will
not read the information you choose to give us when you transmit or send it.
Therefore, any information you send to us over the Internet or otherwise is
transmitted or sent at your own risk.
You
acknowledge that we are not responsible for the privacy or security practices
of any third party (including third parties that we are permitted to disclose
your personal information to, in accordance with this Policy or any applicable
laws).
The
collection and use of your information by such third party/ies may be subject
to separate privacy and security policies.
If
you suspect any misuse or loss of, or unauthorised access to, your personal
information, please let us know immediately.
Accessing and updating your
information and how to contact us
Subject
to some exceptions in the Privacy Act, you have the right to seek access to and
update the personal information we hold about you. We will handle requests for
access to your personal information in accordance with the APPs. If you make an access request, we will ask
you to verify your identity. We may charge a fee to cover the costs of meeting
your request.
We
will deal with all requests for access to personal information as quickly as
possible. In some cases, consistent with the APPs, we may refuse to give you
access to personal information we hold about you. This includes, without
limitation, circumstances where giving you access:
- would be unlawful.
- would have an unreasonable impact
on other people’s privacy.
- would be likely to prejudice the
taking of appropriate action in relation to suspected unlawful activity or
misconduct of a serious nature, that relates to our functions or
activities; or
- would
be likely to prejudice enforcement related activities carried out by, or
for, an enforcement body.
If
we refuse to give you access, we will provide you with reasons for our refusal.
Generally, if you request us to do so we will amend any personal information we
hold about you which is inaccurate, incomplete, or out of date.
Members
of our websites will generally be able to access and update their membership
details online.
Whilst
we will take all reasonable steps to ensure that the personal information you
provide us is accurate and up to date, we request that you keep your
information as current as possible so that we may continue to improve our
service to you. You may ask us to correct or remove information which you think
is inaccurate. If you would like to
amend any of your details or the information you have provided to us, you can
contact us using our contact details provided in this policy.
If
you would like to seek access to personal information we hold about you, or if
you have any questions or complaints about how we collect, use, disclose, manage,
or store your personal information, you can contact the department that
collected your personal information in the first instance, or write to:
Privacy
Officer
Ziksu Capital Ltd
Phone: 1300 194 578
Email: info@ziksu.com
Mail: Level
7, 200 Adelaide Terrace, East Perth, WA 6004
We
will always endeavour to investigate your complaint and respond to you as soon
as practicable after receipt, generally within 2 days. If you are not satisfied
with our response, you may refer the matter to the Office of the Australian
Information Commissioner.
Office
of the Australian Information Commissioner
Complaints must be made in writing.
Phone: 1300
363 992
Mail: Office
of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Website: www.oaic.gov.au
General Data Protection Regulation (GDPR)
We
welcome the GDPR of the European Union (EU) as an important step forward
in streamlining data protection globally. Although we do not operate an
establishment within the EU and do not target any offering of services towards
clients in the EU specifically, we intend to comply with the data handling
regime laid out in the GDPR in respect of any personal information of data
subjects in the EU that we may obtain.
GDPR rights
The
requirements of the GDRP are broadly similar to those set out in the Privacy
Act and include the following rights:
- you are entitled to request
details of the information we hold about you and how we process it.
For EU residents, we will provide this information for no fee.
- you may also have a right to:
- have
that information rectified or deleted.
- restrict
our processing of that information.
- stop
unauthorized transfers of your personal information to a third party.
- in
some circumstances, have that information transferred to another organization;
and
- lodge
a complaint in relation to our processing of your personal information with
a local supervisory authority; and
- where we rely upon your consent as
our legal basis for collecting and processing your data, you may withdraw
that consent at any time.
If
you object to the processing of your personal information, or if you have provided
your consent to processing and you later choose to withdraw it, we will respect
that choice in accordance with our legal obligations. However, please be
aware that:
- such objection or withdrawal of
consent could mean that we are unable to provide our services to you, and
could unduly prevent us from legitimately providing our services to other
clients subject to appropriate confidentiality protections; and
- even after you have chosen to
withdraw your consent, we may be able to continue to keep and process your
personal information to the extent required or otherwise permitted by law,
in particular:
- to
pursue our legitimate interests in a way that might reasonably be
expected as part of running our business, and which does not materially
impact on your rights, freedoms, or interests; and
- in
exercising and defending our legal rights and meeting our legal and
regulatory obligations.
Storage and processing by third parties
Data
that we collect about you may be stored or otherwise processed by third-party
services with data centres based outside the EU, such as Google Analytics,
Microsoft Azure, Amazon Web Services, Apple, etc, and online relationship
management tools. We consider that the collection and such processing of
this information is necessary to pursue our legitimate interests in a way that
might reasonably be expected (e.g., to analyze how our clients use our
services, develop our services, and grow our business) and which does not
materially impact your rights, freedoms, or interests.
We
require all third parties that act as ‘data processors’ for us to provide
sufficient guarantees and implement appropriate technical and organizational
measures to secure your data, only process personal data for specified purposes
and commit themselves to confidentiality.
Duration of retention of your data
We
will only keep your data for as long as is necessary for the purpose for which
it was collected, subject to satisfying any legal, accounting or reporting
requirements. At the end of any retention period, your data will either
be deleted completely or anonymised (for example, by aggregation with other
data so that it can be used in a non-identifiable way for statistical analysis
and business planning). In some circumstances, you can ask us to delete
your data.
Keeping your information up to date
To
ensure that your personal information is accurate and up to date, please
promptly advise us of any changes to your information by contacting our privacy
officer at info@ziksu.com or by post.
Changes to this Privacy Policy
From
time to time, it may be necessary for us to revise this Privacy Policy. Any
changes will be made in accordance with any applicable requirements under the
Privacy Act and the Australian Privacy Principles. We may notify you about
changes to this Privacy Policy by posting an updated version on our website. We
recommend you check our website regularly to ensure you are aware of our
current Privacy Policy.