Privacy Policy

WHOCANDO - PRIVACY POLICY

1.Introduction

WhoCanDo respects and upholds your rights to privacy protection under the National Privacy Principles contained in the Privacy Act 1988 and any similar state or territory legislation applicable to WhoCanDo’s operations.

This policy describes how we manage any personal information we have about you, including how we collect, manage and, in some cases, disclose information about you to third parties. Personal information means any information that may be used to identify an individual.

By agreeing to the terms of this Privacy Policy when you register to become a member of WhoCanDo, you agree that WhoCanDo may use and disclose your personal information in the manner, and for the purposes, set out in this Policy.

2.What personal information about me does WhoCanDo hold?

WhoCanDo may hold the following information about you:

  • information you provide when you register to become a member of our service, including your name, street, telephone number(s), your email address, your user name and any other information we may require (including financial information)

  • to verify your name and contact details;

  • financial information you provide for the purposes of establishing a credit account with us (including your billing address, credit card number, credit card expiry date, bank account number and BSB number), details of any amounts that you may be liable to pay to us from time to time and tracking information from cheques or money orders. Please note that we will only require you to provide financial information in limited circumstances, such as where you use services on the Website to which a fee applies, or in order to verify your registration details, as noted above;

  • information you provide to us for the purpose of demonstrating your capacity to buy or sell the services specified in auctions on the Website (such as your occupation, qualifications, licences, permits, business structure, insurances, compliance status, quality assurance programmes and similar information);

  • information relating to your use of the Website, such as your bidding, buying and selling behaviour, and your transactions with us;

  • information about you provided by other Members in our feedback area;

  • information you provide or disclose to us through the use of the Website, including our chat rooms, message boards and feedback areas;

  • information which you disclose to us in your correspondence with us, including information you disclose if you contact our service centre or respond to member surveys; and

  • information which other Members or third parties provide to us in relation to your activities or postings on the Website.

 

Cookies

During your use of the Website, we may issue to and request from your computer blocks of data known as “cookies”. “Cookies” are small files placed on your hard drive which assist to provide you with customised services. By using this Website you authorise us to issue such cookies to your computer.

Aggregated Information

We collect and aggregate data across all users in order to better understand our members’ requirements. For instance, this data may relate to user demographics, interests or behaviour when using the Website, and may include information relating to your IP address and your choice of web browser. Information which is aggregated in this manner is de-identified and cannot be used to identify you personally.

Third Party Information If at any time you provide the personal information of another person to us then you must ensure that that person has read and understood this policy and separately consents to that personal information being used and disclosed by us for the above purposes.

3. What does WhoCanDo do with my personal information?

We use personal information about you:

  • to verify your name, address and other contact information when you register as a member, to help identify users using multiple usernames or aliases, and to enforce our User Agreement (Terms & Conditions);

  • to assist in providing services to you, including to facilitate safer trading between members, and to communicate promotional offers and special events (including promotions which may be specifically targeted to your interests);

  • to bill you for your use of our services (if relevant), and to assist in the collection of debts that are due to us;

  • to assist with any calls you make to us or our service centre, and to help resolve disputes and correct problems;

  • for our internal administrative, marketing, planning, product development and research requirements, including to analyse site usage, improve our product offerings and customise our Website’s layout, content and services; and

  • for any purpose made known to you at the time of collection of your personal information. At any time you may opt out of receiving any communications from us (other than as required for the operation of our business, eg. regarding payment of your account). You may make changes to your notification preferences by changing the appropriate option in My WhoCanDo/ My Account/ Notification Settings.

 

4.Does WhoCanDo provide my personal information to anyone else?

WhoCanDo will not sell or rent your personal information to any third party.

In certain circumstances we may disclose your personal information to:

  • Sellers and Buyers - if you are the winning bidder/ Seller on an auction, we will provide your email address and contact details to the Buyer, and if you are a Buyer, we will provide your email address and contact details to the winning bidder/Seller;

  • third parties providing services to you – for your convenience, the Website may enable you to send your personal information directly to an external service provider (such as an escrow service or an authentication agent). You will be given the opportunity to approve this disclosure prior to the data being sent. Please note that if you use an external service provider, their use of your personal information will be governed by their own privacy policy (and not WhoCanDo’s);

  • third parties providing services to WhoCanDo - we may provide your personal information to a third party in connection with the ordinary operation of our business (for instance, in connection with marketing or promoting our services). However, we will not provide your personal information to a mailing house or advertiser unless they have entered into a confidentiality agreement with us and have agreed not to use the information for resale, or the information has been aggregated and de-identified (so that none of the information would identify you personally);

  • related entities – we may share your personal information with related entities of WhoCanDo, on condition that they protect your information in substantially the same way as WhoCanDo does (to the extent allowed by applicable law); and

  • to other parties as may be required by law or regulatory authority - in particular, we may disclose any information about you which we regard as appropriate (or as may be permitted by the Privacy Act) in connection with an investigation into illegal activities such as intellectual property infringement, piracy or fraud, and any other activities which may expose us to legal liability. While WhoCanDo uses industry standard practices to protect your personal information (such as robot exclusion headers and SSL), it is not possible for us to guarantee that your personal information will only ever be disclosed in accordance with this policy. For example, we may not be able to prevent others unlawfully intercepting or accessing your information, or misusing personal information provided to them in relation to transactions performed through the Website. You also need to be aware that this Privacy Policy only applies to WhoCanDo and the information we collect from you. If you disclose your personal information to third parties (for example, to sellers or bidders, or to third party service providers), different rules and policies may apply.

 

5.How can I use personal information about others?

WhoCanDo provides its members with limited access to other members’ personal information. We do this solely to facilitate transactions on the Website. As noted in paragraph 4 above, as a seller you will receive contact information relating to the winning bidder, and as the winning bidder you will receive contact information relating to the seller.

You may not use information you receive about other members through the Website for any purpose other than for communicating with those members in relation to WhoCanDo-related transactions. If you wish to use their personal information for another purpose, you must first make adequate disclosure of the purpose and obtain the member’s express consent to that use.

You may not under any circumstances:

  • use another member’s contact information to send them unsolicited commercial messages (or “spam”); or

  • disclose another member’s personal information to a third party without the prior consent of WhoCanDo and the member concerned (except to the extent that disclosure is required by law).

 

If you do collect personal information about other members, you must give them an opportunity to review the information you have collected and you must remove that information from your database if requested.

6. How can I change the personal information WhoCanDo holds about me?

Following registration, you can review and change the following items of personal information directly by following the links:

  • your name and contact information;

  • your password; and

 

Please ensure that you update your registration information promptly, if it changes. Other items of personal information cannot be changed once posted publicly on the Website – for example, messages posted on message boards and chat rooms, or feedback left in the feedback area.

7. Openness

You may request access to personal information we hold about you by writing to WhoCanDo’s Privacy Officer at the address below. Where we hold information that you are entitled to access, we will endeavour to provide you with a suitable range of choices as to how you access it (eg. emailing or mailing it to you).

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may change it as noted above, or request amendment of it. We will consider whether the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.

You may choose to deactivate your member account with us at any time. Provided that your account is clear (with no current bids or auctions placed and no fees owing to WhoCanDo), on your request we will remove your contact information and financial information from our active databases. This means that it will no longer be available for public viewing and usage by other members of WhoCanDo. However, we may retain some of your personal information in order to help us comply with legal requirements, assist with investigations, prevent fraud and resolve disputes, and also to enable us to enforce our User Agreement (Terms & Conditions) and this Privacy Policy if necessary. Because we back-up our files, it is also not technically possible for us to completely remove your personal information from our systems.

Any questions about this policy, or any complaint regarding treatment of your privacy by WhoCanDo, should also be made in writing to the address below.

Our contact details are as follows:

WhoCanDo

PO Box 196

Church Point NSW 2105

Phone: 02 9979 6138

Fax: 02 9979 6816

Email: privacyofficer@whocando.com.au

8.Miscellaneous

In this policy “personal information” has the same meaning as under the Privacy Act. References to “WhoCanDo” are to WhoCanDo Pty Ltd (ABN 79 119 441 084), which has issued this policy.

This policy represents our policy as at 25 January 2007. We may change this policy from time to time by posting amendments to our Announcements Board. The changes will come into effect 14 days after the date on which the amendments were posted.

Although we intend to observe this policy at all times, it is not legally binding on WhoCanDo in any way. From time to time we may regard it as necessary or desirable to act outside the policy. WhoCanDo may do so, subject only to any other applicable contractual rights you have and any statutory rights you have under the Privacy Act or other applicable legislation.

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