Privacy / Cookies

Finding Franky owned and operated by Finding Franky PTY LTD having an address: 8/447 Sydney Road, Balgowlah, Sydney (hereinafter referred to as “we” or “us” or “our” or “website” or “site” or “company”) is committed to protecting your privacy.

This privacy policy has been drafted having regard to our obligations under the Privacy Act 1988 (Cth), the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which includes the Australian Privacy Principles (collectively, the Privacy Act). This privacy policy is a public document and has been prepared in light of Australian Privacy Principle 1 i.e. Open and Transparent Management of Personal Information.

Please take a few moments to read this privacy policy. By accessing our services, you agree to accept the terms and conditions of this privacy policy and are aware that our policies may change in the future. By using our services, you are consenting to the collection, use and disclosure of your personal information as set forth in this privacy policy.

Although we may attempt to notify you when changes are made to this privacy policy, you are responsible for periodically reviewing any changes which may be made to the policy. We may, in our sole discretion, modify or revise the policy at any time, and you agree to be bound by such modifications or revisions.

1. INTRODUCTION:

1.1 We respect your privacy. This privacy policy explains what information we collect, how we use that information, and what choices you have.

1.2 We reserve the right to amend this privacy policy at our sole discretion, without prior notice, at any time. They become effective from the time of posting. Our website is the sole owner of any information collected by them.

1.3 We are committed to the following standards, on a commercially reasonable basis:

To collect and use only the minimum information necessary for us to deliver high quality service to users, to administer our business, and to inform them of our services.To protect the information of our users shared with us, maintaining strong standards of security and confidentiality.

2. DEFINITIONS:

2.1 “Collect” means gather, acquire or obtain by a lawful and fair means, information in circumstances where the individual is identifiable or identified.

2.2 “Disclosure” generally means the release of information outside our company, including under a contract to carry out an “outsourced function.”

2.3 “Express Consent Consequences” includes the fact that that we will not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act in the event that you provide consent to the disclosure of your personal information by us to an overseas recipient and the overseas recipient handles your personal information in breach of the Privacy Act.

2.4 “Expressly Informed” means the circumstance where we have provided you with a clear statement (either verbal or in writing) of the Express Consent Consequences.

2.5 “Opt Out” means an individual’s expressed request not to receive further direct marketing communications.

2.6 “Personal Information” means information that is not sensitive information, including information or an opinion (whether information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. This includes, but is not limited to, an individual’s first name, last name, email address and password.

2.7 “Primary Purpose” is the main reason for the collection of any personal information.

2.8 “Reasonable Expectation” means a reasonable individual’s expectation that their personal information might be used or disclosed for the relevant purpose.

2.9 “Secondary Purpose” means a purpose of use or disclosure other than a primary purpose.

2.10 “Sensitive Information” is given its meaning in section 6(1) of the Privacy Act 1988 (Cth).

2.11 “Use” means the handling of personal information by our company/website.

3. INFORMATION WE COLLECT:

3.1 When visiting this site, a record of your visit is logged. The following click stream data is recorded and is used by us for statistical purposes:

a) your IP addressb) your top level domain name (e.g. .com, .gov, .au, .uk)c) the type of browser you are usingd) your operating system (e.g. Windows, Mac)e) the date and time of the visit to the sitef) the pages accessed and the documents downloadedg) the internet address of the site from which you linked directly to our site.

3.2 No attempt will be made to identify users or their browsing activities except in the unlikely event of an investigation when a law enforcement agency or other government agency may exercise its legal authority to inspect our internet web server logs.

3.3 If a user corresponds with us by e-mail, we may retain the content of your e-mail messages, your e-mail address, and our responses. Additionally, we store information about users’ contacts when users manually enter contact e-mail addresses or transfer contact information from other online social networks. We also collect general information about your use of our services.

3.4 Information we collect automatically when you use our services:

When you access or use our services, we automatically collect information about you, including:

a) Log Information: We log information about your use of our website, including your browser type and language, access times, pages viewed, documents downloaded and your IP address.

b) Device Information: We may collect information about the device you use to access our services, including the hardware model, operating system and version, unique device identifier, phone number, International Mobile Equipment Identity (“IMEI”) and mobile network information.

c) Location Information: When you agree to this policy, we will collect information about the location of your device to facilitate your use of certain features of our services, determine the speed at which your device is traveling, add location-based filters and for any other purposes.

d) Information collected by cookies and other tracking technologies: We use various technologies to collect and store information, and this may include sending cookies to you. A “cookie” is a small data file transferred to your computer’s hard drive that allows a website to respond to you as an individual, gathering and remembering information about your preferences in order to tailor its operation to your needs, likes and dislikes. Overall, cookies are safe, as they only identify your computer to customize your web experience. Accepting a cookie does not provide us access to your computer or any personally identifiable information about you, other than the information you choose to share. Other servers cannot read them, nor can they be used to deliver a virus. Most browsers automatically accept cookies, but you can usually adjust yours (Microsoft Internet Explorer, Safari, Firefox or Google Chrome) to notify you of cookie placement requests, refuse certain cookies, or decline cookies completely. If you turn off cookies completely, there may be some website features that will not be available to you, and some web pages may not display properly. To support the personalized features of our website (such as your country and language codes and browsing functions) we must send a cookie to your computer’s hard drive and/or use cookie-based authentication to identify you as a registered website/app user. We do not, however, use so-called “surveillance” cookies that track your activity elsewhere on the Web. We may also collect information using web beacons (also known as “tracking pixels”).

f) We also may make use of third party tracking pixels used by advertising or analytical partners. Some such partners include, but are not limited to:

(i) Google Analytics: Used to track statistical information such as page visits and traffic source information allowing us to improve the performance and quality of the Site. For more information please visit: http://www.google.com/analytics/learn/privacy.html.

(ii) Google Advertising: Used to track conversions from advertisements on the Google Search and Google Display network. For more information please visit: http://www.google.com/policies/technologies/ads/. Third party pixels and content may make use of cookies. We do not have access or control over these third party cookies and this Policy does not cover the use of third party cookies.

4. HOW WE USE YOUR INFORMATION AND WHEN WE MAY DISCLOSE IT:

4.1 We hold information which has been collected to use and/or disclose for our primary purposes, including but not limited to:

promoting daily deals to you;answering your inquiry;sending you additional materials relating to our company and services that may be of interest to you; andproviding you with effective customer service.

4.2 We also hold information which is used and/or disclosed for purposes other than its primary purposes (secondary purposes). You provide your consent to us using and/or disclosing your personal information for the following secondary purposes:

billing;business planning and product development;enabling us to better understand your needs and interests;improving the content, functionality and usability of our services;improving our marketing and promotional efforts;for any other purpose identified in any other agreement between us and you;issues, news or other information relevant to your dealings with us, or about us generally, or the industries in which you or us operate; andas otherwise described in this Privacy Policy.

4.3 We may use and/or disclose your information for any secondary purposes not included in this Privacy Policy if:

the secondary purpose is related to a primary purpose; andyou would have a reasonable expectation that we would use the information for that secondary purpose.

4.4 From time to time we may disclose your information to organizations outside of our company in order to deliver the services you require. Your personal information is disclosed to these organizations only in relation to us providing our services to you. These organizations carry out, amongst other services, our:

billing and debt- recovery functions;user inquiries;information technology services;marketing services (including market research);

4.5 We will take reasonable practicable steps to ensure that these organizations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

4.6 At our sole discretion, for any reason or no reason at all, we reserve the right to remove any content or messages, if we believe that such action is necessary (a) to conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce this policy, to take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our website; or (c) to exercise or protect the rights, property, or personal safety of the website, our users, or others.

4.7 As a matter of policy, we will not sell or rent information about you and we will not disclose information about you in a manner inconsistent with this privacy policy except as required by law or government regulation. We cooperate with law enforcement inquiries, as well as other third parties, to enforce laws such as those regarding intellectual property rights, fraud and other personal rights.

4.8 WE CAN (AND YOU AUTHORIZE US TO) DISCLOSE ANY INFORMATION ABOUT YOU TO LAW ENFORCEMENT, OTHER GOVERNMENT OFFICIALS, ANY LAWSUIT OR ANY OTHER THIRD PARTY THAT WE, IN OUR SOLE DISCRETION, BELIEVE NECESSARY OR APPROPRIATE IN CONNECTION WITH AN INVESTIGATION OF FRAUD, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHER ACTIVITY THAT IS ILLEGAL OR MAY EXPOSE US, OR YOU, TO LIABILITY.

5. DIRECT MARKETING:

5.1 You consent to our Company using and/or disclosing any information collected from you for direct marketing purposes, whether collected via telephone or otherwise, but subject to the terms of this Privacy Policy.

5.2 Unless otherwise provided in this Privacy Policy and in accordance with the Privacy Act and the Spam Act, our company retains the right to use and disclose your personal information for direct marketing purposes:-

(a) that has been collected from you in circumstances where:i) you have provided consent to do so; orii) it is within your reasonable expectations; oriii) where it is impracticable to obtain your consent;(b) that has been collected from any third party in circumstances where:i) you have provided consent to do so; orii) it is impracticable to obtain your consent.

5.3 In each direct marketing communication, we will include a:i) prominent statement appearing on the relevant piece of marketing material notifying you of your right to opt out from further direct marketing; andii) simple means for you to opt out of receiving further direct marketing communications of that kind.

5.4 Should you opt out, we will stop using and/or disclosing your information for direct marketing purposes.5.5 We will not use your sensitive information for direct marketing purposes.

6. HOW WE PROTECT AND SHARE YOUR INFORMATION:

6.1 We shall take reasonable steps to protect the information from misuse, interference, loss and unauthorized access or disclosure. This may include taking reasonable steps to destroy or permanently de-identify information once it is no longer needed for any purpose for which it may be used or disclosed in accordance with Australian Privacy Principal 11.2, subject to the exceptions contained therein.

6.2 We will not attempt to match de-identified or anonymous data collected through surveys or such online devices as “cookies”, with information identifying an individual, without the consent of the relevant individual.

6.3 We require our employees and contractors to perform their duties in a manner that is consistent with our company’s legal responsibilities in relation to privacy, including those in this Privacy Policy.

6.4 We will take reasonable steps to ensure that information is only accessible by people who have a genuine “need to know” as well as “right to know.”

6.5 We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. By using this website or the services or providing information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this website or services.

6.6 We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Information. We cannot, however, ensure or warrant the security of any information you transmit to us and you do so at your own risk. Using unsecured wi-fi or other unprotected networks is never recommended. Once we receive your transmission of information, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps.

6.7 Notwithstanding anything to the contrary in this policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our rights or property. However, nothing in this policy is intended to limit any legal defenses or objections that you may have to a third party, including a government’s, request to disclose your information.

7. CHILDREN’S PRIVACY:

7.1 Protecting the privacy of young children is especially important. Thus, we do not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, please do not attempt to register for the service or send any information about yourself to us, including your name, address, telephone number, or email address unless such acts are done by an individual who is under 18 but not below the age of 13 that too under the supervision of a parent or legal guardian who agrees to be bound by the Terms & Conditions and this Privacy Policy. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users.

7.2 No one under age of 18 may provide any personal information for accessing the Service. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us through our privacy help page.

8. NEWSLETTERS:

We will on your consent for subscription, periodically send you newsletters and e-mails that directly promote the use of our website, or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly. Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

9. MERGER AND ACQUISITIONS:

In case of a merger or acquisition, we reserve the right to transfer all the information, stored with us to the new entity or company thus formed. Any change in the website’s policies and standing will be notified to you through email.

10. OPT OUT:

We provide all Users with the option of opting out or unsubscribing from all promotional and non-essential communication. You can unsubscribe either by clicking on the unsubscribe link in the promotional communication or by sending an email to our customer care department.

11. LINKS TO THIRD PARTY WEBSITES:

Our website contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

12. ADVERTISING:

Advertisers and advertising networks place ads (including sponsored links in search results) on our website. These companies, as well as data analytics companies who service them, may use cookies, pixel tags, mobile device IDs and other similar technologies to collect data about you when you visit our website. They use the data to enable them to track your activity across various sites where they display ads and record your activities, so they can show ads that they consider relevant to you. You may opt-out of receiving targeted online advertising from advertising networks that is delivered on our website.

13. GOOGLE:

13.1 Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en Our website uses Google AdSense Advertising.

13.2 Google, as a third party vendor, uses cookies to serve ads on our website Google’s use of the DART cookie enables it to serve ads to our website users based on their visit to our website and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

13.3 Our website has implemented the following:-

Remarketing with Google AdSenseGoogle Display Network Impression ReportingDemographics and Interests ReportingDouble Click Platform Integration

13.4 Our website along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the Double Click cookie) or other third-party identifiers together to compile data regarding user’s interactions with ad impressions, and other ad service functions as they relate to our website.

14. NOTIFICATION PROCEDURES:

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

15. PHISHING OR FALSE EMAILS:

If you receive an unsolicited email that appears to be from us or one of our members that requests personal information (such as your credit card, login, or password), or that asks you to verify or confirm your information by clicking on a link, that email was likely to have been sent by someone trying to unlawfully obtain your information, sometimes referred to as a “phisher” or “spoofer.” We do not ask for this type of information in an email. Do not provide the information or click on the link. Please contact us at talk@findingfranky.com.au if you get an email like this.

16. CHANGES TO OUR PRIVACY POLICY:

16.1 We may update this Privacy Policy and information security procedures from time to time. If these privacy and/or information security procedures materially change at any time in the future, we will post the new changes conspicuously on the website to notify you and provide you with the ability to opt out in accordance with the provisions set forth above.

16.2 Continued use of our website and Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

17. NO RESERVATIONS:

We do not accept any reservation or any type of limited acceptance of our privacy policy. You expressly agree to each and every term and condition as stipulated in this policy without any exception whatsoever.

18. NO CONFLICT:

The policy constitutes a part of the user terms. We have taken utmost care to avoid any inconsistency or conflict of this policy with any other terms, agreements or guidelines available on our website. In case there exist a conflict, we request you to kindly contact us for the final provision and interpretation.

19. CONTACT US:

If you have any questions about this privacy policy, any privacy related dealings with us or a possible breach of your privacy or would like further information about our information management practices, you can contact us at info@findingfranky.com.au. You can contact the Chief Operating Officer at peter@findingfranky.com.au.