Privacy Policy

Privacy Policy

AKS Digital
1. We respect your privacy
(a) AKS Digital respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
(b) We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).
(c) “Personal information” is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
(d) You may contact us in writing at PO Box 488, South Melbourne, Victoria, 3205 for further information about this Privacy Policy.
2. What personal information is collected
(a) AKS Digital will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.
(b) You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
(c) We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
(d) Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
(a) AKS Digital collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
(b) By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.
4. How we use your personal information
(a) AKS Digital may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
(b) AKS Digital will use personal information only for the purposes that you consent to. This may include to:
If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.
(i) provide you with products and services during the usual course of our business activities;
(ii) administer our business activities;
(iii) manage, research and develop our products and services;
(iv) provide you with information about our products and services;
(v) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
(vi) investigate any complaints.
(c) We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
(d) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.
5. Disclosure of your personal information
(a) AKS Digital may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.
(b) If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.
6. General Data Protection Regulation (GDPR) for the European Union (EU)
(a) AKS Digital will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
(b) We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.(c) We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
(d) We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
(e) We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
(f) We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
(g) We do not collect or process any personal information from you that is considered “Sensitive Personal Information” under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.
(h) You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.
7. Your rights under the GDPR
(a) If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. AKS Digital complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU
(b) Except as otherwise provided in the GDPR, you have the following rights:
(i) to be informed how your personal information is being used;
(ii) access your personal information (we will provide you with a free copy of
it);
(iii) to correct your personal information if it is inaccurate or incomplete;
(iv) to delete your personal information (also known as “the right to be
forgotten”);
(v) to restrict processing of your personal information;
(vi) to retain and reuse your personal information for your own purposes;
(vii) to object to your personal information being used; and
(viii) to object against automated decision making and profiling.(c) Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.
(d) We may ask you to verify your identity before acting on any of your requests.
8. Hosting and International Data Transfers
(a) Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to Australia, USA, EU.
(b) We and our other group companies have offices and/or facilities in Australia,
USA, EU. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from AKS Digital’s Data Protection Officer.
(c) The hosting facilities for our website are situated in Australia, USA. Transfers to each of these Countries will be protected by appropriate safeguards, these
include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from
the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from AKS Digital’s Data Protection Officer.
(d) Our Suppliers and Contractors are situated in Australia, USA, EU. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from AKS Digital’s Data Protection Officer.
(e) You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
9. Security of your personal information
(a) AKS Digital is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
(b) Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
(c) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
10. Access to your personal information
(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at [email protected]
(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.
11. Complaints about privacy
(a) If you have any complaints about our privacy practices, please feel free to send in details of your complaints to [email protected] We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
12. Changes to Privacy Policy
(a) Please be aware that we may change this Privacy Policy in the future. We may
modify this Policy at any time, in our sole discretion and all modifications will be
effective immediately upon our posting of the modifications on our website or
notice board. Please check back from time to time to review our Privacy Policy.
13. Website
(a) When you visit our website
When you come to our website (https://aksdigital.com.au), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
(b) Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you 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 computer. 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. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.

  1. USE OF COOKIES AND SIMILAR TECHNOLOGIES
    • We use the following categories of cookies and similar technologies on this Site:
      • Strictly necessary cookies: These cookies are essential to enable you to move around the Site and use its features. Without these cookies, services you have asked for (such as remembering your login details or the items you placed in your basket) cannot be provided.
      • Analytics cookies: These cookies collect information about how you use the Site, for instance which pages you go to most often, what searches you perform and if you get error messages from web pages. Information these cookies collect can be used to improve how the Site works.
      • Customization cookies: These cookies allow the Site to remember choices you make (such as your user name) and provide enhanced, more personal features. These cookies cannot track your browsing activity on other Sites.
      • Security cookies: These cookies form part of our security features, for example, by helping us detect malicious activity or violations of our terms of use.
      • Social media cookies: These cookies allow you to share your activity on the Site on social media such as Facebook and Twitter. These cookies are not within our control. Please refer to the privacy policies of the social networks in question for information regarding how their cookies work.
      • Targeting or advertising cookies: These cookies record your visit to the Site, the pages you have visited and the links you have followed. We use this information to make our Site and the advertising displayed on it more relevant to your interests. [We may also share this information with third parties for this purpose.
    • When you visit the Site for the first time (and periodically after that), we will request your consent to the setting of all cookies other than strictly necessary cookies.
    • You can delete existing cookies and disable some or all types of cookies in future if you wish. To disable some or all types of cookies, you will have to change the settings on your browser. If you change your mind, you can enable cookies again at any time. Disabling cookies on your browser may stop the Site from working properly.
    • To find out more about cookies please visit allaboutcookies.org.

(c) Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that AKS Digital is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

  1. Your rights
    • We respect your rights to privacy and will respond to requests for access or control over information about you in accordance with Data Protection Law. We may require you to verify your identity before we take any action.
    • Depending on the reason we have your personal data, you have a right to:
      • access the personal information we hold about you (commonly known as subject access);
      • request that we correct or complete personal information we hold about you that is inaccurate or incomplete;
      • request that we erase your personal information in some circumstances, or object to our processing it as detailed at paragraph 5;
      • restrict how we use your personal information, in certain circumstances;
      • request that we provide you with copies of your personal information in a machine-readable format or transfer it across different services; and
      • where we have asked for your consent to process your data, to withdraw this consent.
    • These rights are limited in some situations under Data Protection Law – for example, where we can demonstrate that we are under a legal obligation to process your data.
    • If you wish to exercise any of these rights, please contact us using the details in paragraph 2
    • Your right to object

You have a right to object to our processing of your personal data and ask us to stop doing so. If we are processing your personal data or direct marketing purposes (which includes profiling to the extent that it is related to such direct marketing) and you object to this, we will stop processing your personal data immediately.

If our processing of your personal data is in the public interest or pursuant to our legitimate interests and you object to this, we will stop processing your personal data unless we have compelling reasons which override your interests, or our use of your personal data is for the establishment, exercise or defence of legal claims.

  • We hope that we can satisfy any queries you may have about the way we process your data. However, if you have unresolved concerns you also have the right to complain to data protection authorities (in Australia, the Office of the Australian Information Commissioner Office). You can call the OAIC on 1300 363 992 or go to their website: https://www.oaic.gov.au/privacy/privacy-complaints/).

14. Data Retention

    • Your personal data will only be kept for as long as necessary for our purposes. Specific periods are set out in the table at the end of this notice.

15. Data protection principles

    • We process your personal data in accordance with the following principles:
      • we process your personal data lawfully, fairly and in a transparent way;
      • we collect your personal data for specified, explicit and legitimate purposes; any further processing we do is compatible with the original purposes for which for which we collected it;
      • we only process personal data which is adequate, relevant and limited to what is necessary to achieve the purpose for which it is processed;
      • we take reasonable steps to ensure that all personal data is accurate and kept up to date where necessary;
      • we do not store personal data in a form which identifies you for any longer than is necessary for the purposes of processing; and
      • we process personal data securely and in a way that protects against unauthorised or unlawful processing, accidental loss, destruction or damage.
    • When we ask for your personal data we will tell you whether you are required by law or contract to provide it, and what will happen if you do not provide the data.
    • Any request for consent to the processing of your personal data will be made directly to you and will include information about why we require the personal data and what will be done with it.

16. What is our lawful basis for processing?

    • We will only process personal data when we have a lawful basis for doing that processing. The table at the end of this notice sets out the lawful basis we rely on for each type of data we process.
    • We will choose one of the lawful bases in the GDPR to justify how we use your personal data. These are:
      • Consent: You have given consent to the processing of your personal data for one or more specific purposes.
      • Contract: The processing is necessary for the performance of a contract with you or in order to take steps at your request before entering into a contract.
      • Legal obligation: We need to process your personal data to comply with a legal obligation.
      • Vital interests: The processing is necessary to protect the vital interests of you or another person.
      • Public interest: Processing is necessary for the performance of a task carried out in the public interest or in the exercise of some official authority.
      • Legitimate interests: Processing is necessary for the purposes of legitimate interests pursued by us or someone else, except where such interests are overridden by your interests or fundamental rights and freedoms requiring the protection of your personal data.

TABLE OF PERSONAL INFORMATION WE USE

The table below sets out detailed information about our purposes for processing, the basis for processing and the retention period for the personal data.

Category of personal data

 

Purpose of processing

 

Lawful basis for processing

 

Retention period

 

Name and contact detailsTo deliver purchases to you, fraud prevention and detection. Offer digital marketing services to you in way of creating contracts for delivery of services. To respond to business queries, provide digital marketing advice.Performance of contract
Compliance with legal obligations
Consent
Until you withdraw consent
Payment informationTo take payment and give refunds, and for fraud prevention and detection.Performance of contract
Compliance with legal obligations
Consent
Credit Card Data is not stored on our servers. Payment data can be optionally stored on a third party Server managed by Braintree, Stripe
Contact historyTo provide customer service and support,  and any ongoing services provided to the client.Performance of contract
Compliance with legal obligations
Consent
For 5 Years
Saved items in online shopping basket

To sell products and services to you

 

 

ConsentUntil you complete your order or for seven days after the item is saved.
Purchase history

To provide customer service and support and handle returns

 

Performance of contract
Compliance with legal obligations
Consent
5 Years after purchase data
Browser, device and Site usage information

To improve the Site’, ‘To protect the Site against fraud’, ‘To set default options for you, such as language and currency

 

ConsentFor 5 Years since you have logged in
Information from linked accountsTo enable you to log into the Site simply without having to create a specific accountPerformance of contract
Consent
For 5 years since you last logged on to the site.
Responses to surveys, competitions and promotionsTo run the survey, competition or promotionPerformance of contract
Compliance with legal obligations
Consent
For 5 years
Customer comments and product reviewsTo improve our products and services’, ‘Where relevant, to establish, exercise or defend legal claims’.Performance of contract
Compliance with legal obligations
Consent
For 5 Years
Information generated in the course of the use of our products and services‘For internal research and development purposes’, ‘To improve and test the features and functions of our Site’.Performance of contract
Compliance with legal obligations
Consent
For 5 years
Information collected through cookies and similar technologies

‘To conduct and store site usage analytics, statistical and trend analysis and market research’, ‘To generate customer profiles to facilitate marketing initiatives

 

Consent5 years after you last visited the site.
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