Privacy Policy
1. Privacy Policy
1.1 This Privacy Policy is governed by the Australian Privacy Principles under the Privacy Act 1988 (Cth) and where we obtain Personal Information from a data subject of a member state of the European Union, the European Union General Data Protection Regulation (Regulation (EU) 2016/679) (the EU GDPR).
2. Collection of Personal Information
2.1 We collect Personal Information when you:
(a) register for membership;
(b) interact with us through the phone, in person or via email and you provide us your details;
(c) purchase or subscribe to our products or services;
(d) subscribe to our mailing list;
(e) enter our competitions or promotions; or
(f) apply for positions with Us or you are our contractor.
2.2 We collect Personal Information to:
(a) improve our products and services;
(b) provide our product and/or service to you;
(c) communicate with you;
(d) offer you promotional product or market our product that you are interested in;
(e) keep a record of your order for refund or exchange;
(f) keep our customer database;
(g) to investigate any complaints that you make;
(h) to investigate whether you are in breach of our terms and conditions;
(i) verify your identity;
(j) to notify you of vacant positions if you applied for jobs with Us;
(k) comply with the law or to use your information as permitted under the law; and
(l) use your information for purposes that are related to the above.
2.3 We collect and hold following types of Personal Information:
(a) your contact details that may include but are not limited to your name, business name, phone number(s), postal address and email addresses;
(b) optional Personal Information that you consent to provide, including your interests in a particular area, gender or age; and
(c) optional surveys that provide Personal Information including whether you like our Business or Platform and what you like or do not like.
2.4 We will only collect your Personal Information using fair and lawful means.
2.5 We do not store credit card details as we use payment gateways and/or third party processor.
2.6 If we receive unsolicited Personal Information, we may destroy it or ensure that it is de-identified if it is lawful and reasonable to do so.
3. Consent
3.1 You understand and acknowledge that the consent you are to provide when submitting Personal Information is required in order to provide you with our services.
Withdrawal of Consent
3.2 Consent may be withdrawn by contacting us in accordance with clause 10 of this policy.
3.3 After having received, reviewed and actioned your request, subject to clause 10, your withdrawal of consent will be noted on our system.
3.4 We will use our best commercial endeavours to action your request as soon as possible. However, we note that during the time between receiving your request to processing the withdrawal your Personal Information, you will not hold use liable for the use of your Personal Data during this processing time.
3.5 Personal Information will be marked as ‘restricted’ between the time of processing your request to withdraw until the actual time of the withdrawal being actioned.
4. Customer Right to be Forgotten
4.1 In addition to the withdrawal of your consent, you may also contact us to erase your Personal Information.
4.2 You may contact us in accordance with Clause 10, to have your Personal Data erased and we will use our reasonable discretion to erase same if:
(a) the Personal Information provided is no longer necessary in relation to the purpose of providing you with our service;
(b) you have withdrawn your consent for us to hold your Personal Information;
(c) the legal retention period for holding your Personal Information has expired;
(d) you object to the use of your Personal Information; or
(e) the processing of your Personal Information was not in accordance with the EU GDPR.
5. Security
5.1 All credit card transactions will be maintained in accordance with industry practice to protect against fraudulent transactions or transaction requests, interception, interference, monitoring forgery or theft of any transaction data or other data relating to you, your credit card details or the transaction.
5.2 For credit card transactions we use a third party processor and/or payment gateway (e.g. EWay, Stripe, Paypal) that we may change from time to time so that:
(a) payments are processed in real time; and
(b) we do not have access to your credit card numbers.
5.3 We securely store Personal Information received and ensure its integrity via our Business practices and procedures.
6. Anonymity and Pseudonymity
6.1 You may interact anonymously or by using a pseudonym, for example when you:
(a) call us;
(b) use our online forums that does not require membership; or
(c) email us,
and you may refuse to give your details.
6.2 You must provide your Personal Information when you:
(a) purchase goods that require delivery;
(b) register for membership;
(c) sign up for mailing list;
(d) lodge a complaint; and
(e) are required to provide Personal Information under the law.
7. Disclosure of Personal Information
7.1 We only disclose your Personal Information for purposes that are reasonably related to our Business.
7.2 We will not disclose your Personal Information to third parties for payment, profit or advantage.
7.3 We may disclose your Personal Information to third parties, from time to time, to assist us in conducting our Business, including but not limited to:
(a) technology service providers including internet service providers or cloud service providers;
(b) data processors that analyse our Platform traffic or usage for us;
(c) agents that perform functions on our behalf, such as mailouts, debt collection, marketing or advertising;
(d) our related bodies corporate; and
(e) to persons, entities or courts as required under the law.
7.4 We may disclose your Personal Information to third parties:
(a) to provide the service you wish to use;
(b) to improve our Business, services, products and Platform;
(c) to customise and promote our services which may be of interest to you;
(d) to comply with or as permitted under the law; or
(e) with your consent.
7.5 We may disclose your Personal Information to entities located overseas and will use reasonable endeavours to ensure they are subject to similar privacy legislation when handling such information.
7.6 We use our every and best endeavours to ensure each third party we directly contract with, in the dealings of Personal Information, are aware of their processor liability provisions under the EU GDPR and also are aware of privacy obligations in the dealings with Personal Information.
8. Retention of Personal Information
8.1 Personal Information is securely held by us for a period of 2 years after the collection of your Personal Information.
8.2 This Personal Information is then deleted and/or destroyed.
8.3 Other types of information relating to the transaction are kept for the statutory required period of time for record keeping.
9. Direct Marketing to You
9.1 We will not send you unsolicited commercial electronic messages in contravention of the Spam Act 2003 (Cth).
9.2 We may use the non-sensitive information you gave us for the purpose of promoting and marketing our Business to you if we:
(a) use the information that you reasonably expected us to use for promoting and marketing our Business to you; and
(b) provide you a simple method to opt-out.
9.3 We will not contact you to promote or market our Business if you requested us not to.
9.4 We may also disclose your Personal Information to our related entities, so they may give you information and offers about products and services offered by them.
10. Accessing and Correcting Your Personal Information
Accessing Your Personal Information
10.1 You may request access to your Personal Information that we hold and we will:
(a) verify your identity;
(b) charge you to cover the cost of meeting your request, if any, but not for the request itself; and
(c) within a reasonable period of time, comply with your request.
10.2 We may refuse to allow you to access your Personal Information if we are not required to do so under the Australian Privacy Principles.
Correcting Your Information
10.3 You may request to correct your Personal Information that we hold and we will update your Personal Information so that it is up-to-date, accurate, complete, relevant and not misleading.
How to Contact Us
10.4 If you would like to access or correct your Personal Information, please contact us by:
(a) email: office@rkdn.com.au
(a) mail: PO Box 9004 Deakin ACT 2600
11. Complaints
11.1 If you believe we breached the Australian Privacy Principles under the Privacy Act 1988 (Cth) or a registered Australian Privacy Principles Code, or the EU GDPR, you may lodge a complaint as follows:
(a) firstly, contact us in writing to the email or postal address in clause 10.4 and include the following in your complaint:
(i) your contact details;
(ii) section or provision of the Australian Privacy Principles, EU GDPR or Code that you believe we breached; and
(iii) our practice or policy that you believe breaches the relevant Australian Privacy Principle, EU GDPR or Code,
(b) and you must allow us a reasonable time, about 30 days, to reply to your complaint; and
(c) secondly, you may complain to the Office of the Australian Information Commissioner if:
(i) you are not satisfied with our response; or
(ii) we do not respond to you within a reasonable time without sufficient explanation.
12. Personal Information Breach
12.1 In the unlikely event of a breach of privacy:
(a) we employ practices to notify the relevant bodies under the Privacy Act 1988 (Cth) and the EU GDPR within the required timeframes.
(b) We will notify you without undue delay, should it be found the breach places your rights and freedoms at a high risk.
13. Interpretation
13.1 In this Agreement, unless the contrary intention appears:
(a) a reference to this Agreement or any instrument includes any variation or replacement of any of them;
(b) a reference to a person includes a body corporate, joint venture, association, government body, firm and any other entity;
(c) a reference to legislation includes any amendments to it, any legislation substituted for it, and any subordinate legislation made under it;
(d) the singular includes the plural and vice versa;
(e) words of one gender include any gender;
(f) headings do not affect the interpretation of this Agreement;
(g) reference to a Party includes that Party’s personal representatives, successors and permitted assigns;
(h) reference to a thing (including a right) includes a part of that thing;
(i) if a Party comprises two or more persons:
(i) reference to a Party means each of the persons individually and any two or more of them jointly;
(ii) a promise by that Party binds each of them individually and all of them jointly;
(iii) a right given to that Party is given to each of them individually; and
(iv) a representative, warranty or undertaking by that Party is made by each of them individually;
(j) a provision must not be construed against a Party only because that Party prepared it;
(k) a provision must be read down to the extent necessary to be valid and if it cannot be read down to that extent, it must be severed;
(l) if a thing is to be done on a day which is not a Business Day, it must be done on the Business Day before that day;
(m) another grammatical form of a defined expression has a corresponding meaning;
(n) the word “include” is used without any limitation;
(o) the rights, duties and remedies in this Agreement operate to the extent that they are not excluded by law; and
(p) examples are descriptive only and not exhaustive.
13.2 The word ‘include’ is used without any limitation.
14. Definitions
14.1 Unless contrary intention appears:
(a) Agreement means this Privacy Policy and any schedules and annexures to it, as amended and substituted from time to time.
(b) Australian Consumer Law means Schedule 2 of Competition and Consumer Act 2010 (Cth).
(c) Australian Privacy Principals means the principles under the Schedule 1 of the Privacy Act 1988 (Cth).
(d) Business means the business dealings of RKDN Pty Ltd ACN 639 112 968.
(e) Business Day means a day except a Saturday or Sunday or other public holiday.
(f) Claim means any claim, suit, action, demand, or right.
(g) Consequential Loss includes all forms of indirect loss including loss of revenue, loss of profits, failure to recognise profits or savings and any other commercial and economic loss, howsoever caused.
(h) Liability means responsibility for any loss (either direct or indirect), damage, or expense and includes liability for Consequential Loss.
(i) Party means a person or entity who provides or receives all or part thereof of the Related Services.
(j) Parties mean all the persons or entities who provides or receives all or part thereof of the Related Services.
(k) Personal Information means personal information as defined under Privacy Act 1988 (Cth).
(l) Platform means means https://rkdn.com.au/ and any other user specific web based technology, eg: Facebook, Instagram, Linked In etc.
(m) Related Service means any services performed in supplying the goods.
(n) We/Us (whether in capitals or not) means RKDN Pty Ltd ACN 639 112 968 and Ours have corresponding meanings or as amended from time to time.
(o) You (whether in capitals or not) means the provider of Personal Information.