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Privacy policy |
Current as of 3 January 2012
1. Summary
Our core privacy principles remain the same throughout CyberGuru
worldwide:
We will not sell or rent your information to third parties for marketing
purposes and will only disclose your information in accordance with our
Privacy Policy and/or with your permission.
We do share your information with third parties to help provide our
services, to allow members to contact you, to enforce our terms and
conditions, and to help keep our community safe.
Your information will be shared with third parties for services or
features on CyberGuru that you have chosen (such as delegate details for
conference lists if nominated by delegate) only when absolutely
necessary and under confidential restrictions.
Third parties are not permitted to sell the information we provide to
them or to
disclose it in any other way without your consent.
We use safe, secure technology and other privacy protection programs to
keep your information secure on CyberGuru.
We will provide you with notice if our privacy policy changes and an
opportunity to reject such changes.
We let you change your information so that you can keep it up to date.
2. Overview
Welcome to CyberGuru ("CyberGuru’s") Privacy Policy. Your privacy is
very important to us. You must read and agree to the terms of this
Privacy Policy before becoming a CyberGuru member. As part of the normal
operation of our services we collect, use and, in very rare cases,
disclose information about you to third parties. This Privacy Policy
governs the information we collect about you and your use of information
we provide to you. By accepting this Privacy Policy and the User
Agreement (Terms and Conditions), you expressly consent to our use and
disclosure of your personal information in the manner prescribed in this
Privacy Policy. This Privacy Policy is incorporated into and subject to
the terms of the CyberGuru User Agreement.
Although this policy may seem long, we have prepared a detailed policy
because we believe you should know as much as possible about our
practices so that you can make an informed decision. The privacy
practices of this notice apply to the website located at
http://www.cyberguru.com.au (collectively the "Site"). We are subject to
the requirements of applicable law and, in the case of Australia, the
requirements of the Privacy Act 1988 (Cth), (as amended by the private
sector provisions which came into effect on 21 December 2001) (the
"Privacy Act"), we strive to provide a consistent set of privacy
practices throughout our global CyberGuru trading community.
Questions regarding this statement should be directed to CyberGuru by
contacting us through the appropriate contact page on the Site. Also,
you may wish to refer to the Office of the Federal Privacy Commissioner
which may be contacted at the following site:
http://www.privacy.gov.au for more information on the Privacy Act.
This Privacy Policy contains a number of references to other information
pages on our Site and other websites. CyberGuru strongly recommends that
you obtain further important details about the Privacy Policy through
the references in this Policy, as they may contain further terms and
conditions which apply to you as a CyberGuru member.
3. An Important Note About Children
Children (persons under the age of 18 years) are not eligible to use our
services and we ask that children do not submit any personal information
to us.
4. Information We Collect
Our primary purpose in collecting personal information is to provide you
with a smooth, efficient, safer and customised membership experience.
This allows us to provide services and features that most likely meet
your needs, and to customise our services to make your experience safer
and easier. We only collect personal information about you that we
consider necessary for this purpose and to achieve this goal.
To fully use our services, you will need to register using our online
registration forms, where you will be required to provide us with your
basic contact information.
On the CyberGuru website you are required to provide us with the
following information: First Name, Middle Name, Last Name, Username,
E-mail and Password.
In the CyberGuru Store, you are required to provide us with the
following information: Gender, First Name, Last Name, E-Mail Address,
Company Name (if applicable), Street Address, Post Code, City,
State/Province, Country, Telephone Number, Fax Number (if applicable),
Newsletter (if applicable) and Password.
We may also record your IP address to ensure security of the trading
platform. You are also required to provide us with a username and email
address. Under some circumstances we may require some additional
necessary financial information. We may use your financial information,
including credit card information to verify your name, address, and
other contact information, as well as to bill you for your use of our
services.
We automatically track certain information about you based upon your
behaviour on our Site. We use this information to do internal research
on our users’ demographics, interests, and behaviour to better
understand and serve you and our community. This information is compiled
and analysed on an aggregated basis. This information may include the
URL that you just came from (whether this URL is on our Site or not),
which URL you next go to (whether this URL is on our Site or not), what
browser you are using, and your IP address.
We use data collection devices such as "cookies" on certain pages of our
Site.
"Cookies" are small files placed on your hard drive that assist us in
providing customised services. We also offer certain features that are
only available through the use of a "cookie". We also use "cookies" to
allow you to enter your password less frequently during a session.
Cookies can also help us provide information which is targeted to your
interests. Cookies are stored on your hard drive, not on our Site. Most
cookies are "session cookies," meaning that they are automatically
deleted at the end of a session. You are always free to decline our
cookies if your browser permits, although in that case you may not be
able to use certain features on our Site and you may be required to
re-enter your password more frequently during a session.
Additionally, you may encounter "cookies" or other similar devices on
certain pages of our Site that are placed by third parties. For example,
if you view a web page created by a user, there may be a "cookie" placed
within that web page. We do not control the use of cookies by third
parties.
If you choose to place an order on our Site, we collect information
about your purchase behaviour. We also collect other details about you
in our feedback area.
Through our handling of your payment, we may also collect information
including your billing address, bank deposit account details, credit
card number and credit card expiration date and tracking information
from cheques or money orders. Currently, our credit card processing
facility is hosted by either an Australian government approved bank, or
a reputable professional financial information processing third-party
such as PayPal. Therefore, we are currently not storing your credit card
details on our server.
If you choose to post messages in any of our message areas or leave
feedback for other users, we will collect and store such information
that you disclose to us and which is necessary for us to achieve our
primary goal described above.
If you send us personal correspondence, such as emails or letters, or if
other users or third parties send us correspondence about your
activities or postings on the Site, we may collect such information into
a file specific to you.
If you register for CyberGuru on another web site or use a web site
providing a service for CyberGuru or a web site that helps facilitate
our activity on CyberGuru, that web site may provide personal
information about you and your transactions back to CyberGuru.
5. Our Use of Your Information
We use personal information about you (including but not limited to the
information in the file we maintain about you, and other information we
obtain from your current and past activities on the Site) to resolve
disputes, troubleshoot problems, help ensure safe trading on our Site,
and enforce our User Agreement. At times, we may look across multiple
users to identify problems or resolve disputes, and in particular we may
examine your information to identify users using multiple Usernames or
aliases.
If you choose to list an item for sale on our Site or open an account,
we use your address and billing information to bill you and provide
associated support.
You agree that we may use personal information about you to improve our
marketing and promotional efforts, to analyse site usage, to improve our
content and product offerings and customise our Site’s content, layout,
and services. These uses improve our Site and better tailor it to meet
your needs, so as to provide you with a smooth, efficient, safer and
customised experience while using our services.
You agree that we may use your information to contact you and deliver
information to you that, in some cases, is targeted to your interests,
such as targeted banners, administrative notices, product offerings, and
communications relevant to your use of the Site. By accepting the User
Agreement and Privacy Policy you expressly agree to receive this
information. If you do not wish to receive these communications, we
encourage you to opt-out of the receipt
of certain communications on your personal details page.
6. Our Disclosure of Your Information
Although CyberGuru uses industry standard practices to protect your
personal information, due to technical limitations, we cannot ensure
that all of your private communications and other personal information
will never be disclosed in ways not otherwise described in this Privacy
Policy. By way of example (without limiting the foregoing), we may be
forced to disclose information to the government or third parties under
certain circumstances (further details of which are set out below in the
"Legal Requests" section), or third parties may unlawfully intercept or
access transmissions or private communications. Therefore, although we
use industry standard practices to protect your privacy, we cannot and
do not guarantee, and you should not expect, that your personal
information or private communications will always remain private.
As a matter of policy and principle, we do not sell or rent any personal
information about you to any third party. However, the following
describes some of the ways that your personal information may be
disclosed, and by agreeing to the Privacy Policy you expressly agree
that your personal information may be disclosed by CyberGuru in the
following ways:
6.1. Advertisers
We aggregate (gather up data across all user accounts) personal
information and disclose such information in a non-personally
identifiable manner to advertisers and other third parties for marketing
and promotional purposes. However, in these situations, we do not
disclose to these entities any information that could be used to
identify you personally. Certain information, such as your name, email
address, password, credit card number, and bank account number, are
never disclosed to advertisers.
6.2. CyberGuru Community
Throughout the Site, you are identified by your Username, Personal Name
(if you choose so), or Business Name. If you select your email address
as your Username you will disclose your email address to other users and
third parties. As a result, other users and third parties might send you
unsolicited email and be able to personally identify all of your
activities on the Site. We strongly discourage your use of email address
as your Username, and in fact, your disclosure of your email address
anywhere on our Site. Even if your
Username is not your email address, your Username can be used to
identify you and your activities throughout the Site. Other people may
be able to see your feedback, items that you have ordered for in the
past, your feedback rating and associated comments, your postings on the
Site, and so on. We may also provide ways to allow other users to find
more out about you and your Site activities.
6.3. External Service Providers
There are a number of services offered by external service providers
that help you use our Site (e.g., co-branded sites, listing agents,
authentication, mediation). If you choose to use these optional
services, disclose personal information to the external service
providers, and/or grant them permission to collect personal information
about you, then their use of your personal information is governed by
their privacy policy. We may, for your convenience, provide some of your
personal information to the external service provider offering such
services. However, before we disclose your personal information to an
external service provider, you will have the opportunity to see what
data is about to be sent and have the ability to approve the disclosure.
To prevent our disclosure of your personal information to an external
service provider, you can decline such disclosures or simply not use
their services. Because we do not control the privacy practices of these
third parties, you should evaluate their practices before deciding to
use their services. Users who register on a CyberGuru cobranded web site
grant CyberGuru permission to pass your email address back to that
cobranded web site and affiliated web sites. The use of such information
by the co-branded and affiliated web sites is limited by their
applicable privacy policies.
6.4. Internal Service Providers
We may use internal service providers to facilitate our services (e.g.,
search, discussion boards, surveys) and therefore we may provide some of
your personal information directly to them. In some instances, the
internal service provider may collect information directly from you
(such as the situation where we ask a internal service provider to
conduct a survey for us). In these cases, you will be notified of the
involvement of the internal service provider, and all information
disclosures you make will be strictly optional. In all cases, these
internal service providers’ use of information we supply them is
restricted by confidentiality agreements. If you provide additional
information to an internal service provider directly, then their use of
your information is governed by their applicable privacy policy.
6.5. Other Corporate Entities
We share much of our data, including personal information about you,
with our parents, subsidiaries and joint ventures that are committed to
serving your online trading needs and related services, throughout the
world, as allowed by applicable law. In fact, the personal information
we collect is stored by CyberGuru on our secure servers located in
Australia. To the extent that these entities have access to your
information, they will treat it at least as protectively as they treat
information they obtain from their other users. Our subsidiaries and
joint ventures follow privacy practices no less protective of all users
than our practices described in this Privacy Policy, to the extent
allowed by applicable law. It is possible that CyberGuru, its parents,
subsidiaries, its joint ventures, or any combination of such, could
merge with or be acquired by another business entity. Should such a
combination occur, you should expect that CyberGuru would share some or
all of your information in order to continue to provide the service. You
will receive notice of such event (to the extent it occurs), and we will
require that the new combined entity follow the practices disclosed in
this Privacy Policy.
6.6. Legal Requests
CyberGuru may lawfully disclose your personal information for law
enforcement or regulatory purposes. CyberGuru cooperates with law
enforcement inquires and other third parties to enforce laws,
intellectual property and other rights. We can (and you authorise us to)
disclose any information about you to law enforcement or other
governmental officials as we, in our sole discretion, believe necessary,
appropriate or as otherwise permitted under the Privacy Act 1988 (Cth),
in connection with an investigation of fraud, intellectual property
infringements, piracy or other activity that is illegal or may expose us
to legal liability.
7. Your Use of Other Users’ Information
In order to facilitate interaction among all CyberGuru community
members, our service allows you limited access other users’ contact
information. As an Asker or a Bidder, you have access to the Username,
approximate location, and other contact information of the other parties
involved in the trade.
By entering into our User Agreement (Terms and Conditions), you agree
that, with respect to other users’ personal information that you obtain
through the Site or through a CyberGuru-related communication or
CyberGuru-facilitated transaction, CyberGuru hereby grants to you a
license to use such information only for:
a. CyberGuru-related communications that are not unsolicited commercial
messages,
b. using co-branded services offered through CyberGuru (e.g. escrow,
insurance, shipping and fraud complaints), and
c. any other purpose that such user expressly opts into after adequate
disclosure of the purpose(s).
In all cases, you must give users an opportunity to remove themselves
from your database and a chance to review what information you have
collected about them. In addition, under no circumstances, except as
defined in this Section, can you disclose personal information about
another user to any third party without our consent and the consent of
such other user after adequate disclosure. Note that law enforcement
personnel and other rights holders are given different rights with
respect to information they access.
We and our users do not tolerate spam, or unsolicited mail. Therefore,
without limiting the foregoing, you are not licensed to add a CyberGuru
user, even a user who has purchased an item from you, to your mail list
(email or physical mail) without their express consent after adequate
disclosure. To report spam from other CyberGuru users, please contact us
through appropriate contact pages on our Site.
8. Use of Email Tools
You may not use the any email forwarding services on CyberGuru to send
spam or otherwise send content that would violate our User Agreement or
Privacy Policy.
If you send an email using CyberGuru email forwarding service to an
email address that is not registered in our community, we do not use
that email address for any purpose other than to send your email. We do
not rent or sell these email addresses. We do not permanently store the
email messages or the email addresses.
9. Control of Your Password
You are responsible for all actions taken with your Username and
password, including fees. Therefore we do not recommend that you
disclose your CyberGuru password to any third parties. If you choose to
share your Username and password or your information with third parties
to provide you additional services, you agree that you are responsible
for all actions taken with your Username and password and therefore you
should review that third party’s privacy policy. If you lose control of
your password, you may lose substantial control over your personal
information and may be subject to legally binding actions taken on your
behalf. Therefore, if your password has been compromised for any reason,
you should immediately change your password as detailed in Section 10.
10. Accessing, Reviewing and Changing Your Personal Information
Following registration, you can review and change the information you
submitted during registration including your name, company, address,
city, state, post code, country, phone number, gender, birthday,
password and email address.
You must promptly update your personal information if it changes. Once
posted, you cannot change or remove any public postings made in our
forums or other message areas or the feedback area.
You may not change your Username, as it is a security feature that
associates a user to his or her feedback ratings on the Discussion
Board.
Upon your request, we will deactivate your account, contact information,
and financial information from our active databases. To make this
request, contact us through the appropriate contact page on our Site.
Such information will be deactivated as soon as reasonably possible in
accordance with our policy and applicable law.
We will retain in our files information you have requested to remove in
some circumstances, such as to prevent fraud, resolve disputes,
troubleshoot problems, assist with any investigations, and enforce our
User Agreement, and to comply with legal requirements. Further, such
prior information is never completely removed from our databases due to
technical constraints and the fact that we back up our systems.
Therefore, you should not expect that all of your personal information
will be completely removed from our databases in response to your
requests. However, such information will be deactivated from public
viewing and usage by other members of CyberGuru and will only be
available to select CyberGuru personnel.
11. Other Information Collectors
Except as otherwise expressly discussed in this Privacy Policy, this
document only addresses the use and disclosure of information we collect
from you. To the extent that you disclose your information to other
parties, whether they are Askers, Bidders or sellers on our Site or
other sites throughout the Internet, different rules may apply to their
use or disclosure of the personal information you disclose to them. To
the extent that we use third party advertisers, they adhere to their own
privacy customs and policies. Since CyberGuru does not control the
privacy policies of third parties, you are subject to the privacy
policies of that third party. We encourage you to ask questions before
you disclose your personal information to others.
12. Security
Your Information is stored on CyberGuru’s secure server located in
Australia. We use industry standard efforts to safeguard the
confidentiality of your personal information, such as firewalls and
Secure Socket Layers. However, "perfect security" does not exist on the
Internet. We will put in our utmost effort in maintaining the security
of your information.
13. Notice
We may change this Privacy Policy from time to time based on your
comments and our need to accurately reflect our data collection and
disclosure practices. All changes to this policy are effective after we
provide you with at least thirty (30) days’ notice of the changes by
posting the changes on the Announcements Page. We provide you with
thirty (30) days notice to allow you the opportunity to notify CyberGuru
if you do not agree to such changes.
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