2. When we say ‘we’, ‘us’ or ‘12Descartes’ it’s because that’s who we are and we own and run the Sites.
The type of personal information we collect
4. We collect certain personal information about visitors and users of our Sites.
5. The most common types of information we collect include things like: user-names, member names, email addresses, IP addresses, other contact details, survey responses, blogs, photos, payment information such as payment agent details, transactional details, tax information, support queries, forum comments, content you direct us to make available on our Sites (such as item descriptions) and web analytics data. We will also collect personal information from job applications (such as, your CV, the application form itself, cover letter and interview notes).
How we collect personal information
6. We collect personal information directly when you provide it to us, automatically as you navigate through the Sites, or through other people when you use services associated with the Sites.
7. We collect your personal information when you provide it to us when you complete membership registration and buy or provide items or services on our Sites, subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send us a communication.
Personal information we collect about you from others
8. Although we generally collect personal information directly from you, on occasion, we also collect certain categories of personal information about you from other sources. In particular:
a. financial and/or transaction details from payment providers located in the US, UK, and Australia in order to process a transaction;
b. third party service providers (like Google, Facebook) who are located in the US or UK, which may provide information about you when you link, connect, or login to your account with the third party provider and they send us information such as your registration and profile from that service. The information varies and is controlled by that service provider or as authorized by you via your privacy settings at that service provider; and
c. other third party sources/ and or partners from Australia, US or UK, whereby we receive additional information about you (to the extent permitted by applicable law), such as demographic data or fraud detection information, and combine it with information we have about you. For example, fraud warnings from service providers like identity verification service. We also receive information about you and your activities on and off the Site platforms through partnerships, or about your experiences and interactions from our partner ad networks.
How we use personal information
9. We will use your personal information:
a. To fulfil a contract, or take steps linked to a contract: in particular, in facilitating and processing transactions that take place on the Sites, like where you purchase an item.
b. Where this is necessary for purposes which are in our, or third parties, legitimate interests. These interests include:
i. operating the Sites;
ii. providing you with services described on the Sites;
iii. verifying your identity when you sign in to any of our Sites;
iv. responding to support tickets, and helping facilitate the resolution of any disputes;
v. updating you with operational news and information about our Sites and services e.g. to notify you about changes to our Sites, website disruptions or security updates;
vi. carrying out technical analysis to determine how to improve the Sites and services we provide;
vii. monitoring activity on the Sites, e.g. to identify potential fraudulent activity and to ensure compliance with the user terms that apply to the Sites;
viii. managing our relationship with you, e.g. by responding to your comments or queries submitted to us on the Sites or asking for your feedback or whether you want to participate in a survey;
ix. managing our legal and operational affairs (including, managing risks relating to content and fraud matters);
x. training 12Descartes staff about how to best serve our user community;
xi. improving our products and services.
xii. providing general administrative and performance functions and activities; and
xiii. processing your job application to 12Descartes.
c. Where you give us consent:
i. providing you with marketing information about products and services which we feel may interest you; and
d. For purposes which are required by law.
e. For the purpose of responding to requests by government, a court of law, or law enforcement authorities conducting an investigation.
When we disclose your personal information
10. We will disclose personal information to the following recipients:
a. companies that are in the 12Descartes group which are located in Australia and the US;
b. subcontractors and service providers located around the world who assist us in connection with the ways we use personal information (as set out above), in particular: website hosting providers; technical and customer support services; recruitment agencies; marketing and analytics services; security and fraud prevention services; subscription management services; payment processing services; identification verification services; and operational tooling services. Noting that our subcontractors and services providers may also transfer and access such information from other countries in which they have operations.
c. our professional advisers (lawyers, accountants, financial advisers etc.);
d. regulators and government authorities in connection with our compliance procedures and obligations;
e. a purchaser or prospective purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase;
f. a third party to respond to requests relating to a criminal investigation or alleged or suspected illegal activity;
g. a third party, in order to enforce or defend our rights, or to address financial or reputational risks;
h. a rights holder in relation to an allegation of intellectual property infringement or any other infringement; and
i. other recipients where we are authorised or required by law to do so.
Where we transfer and/or store your personal information
11. We are based in Australia so your data will be processed in Australia and the US. Some of the recipients we have described in section 10 above, and to whom we disclose your personal information, are based outside Australia in places like the US We do this on the basis of your consent to this policy. In order to protect your information, we take care where possible to work with subcontractors and service providers who we believe maintain an acceptable standard of data security compliance.
How we keep your personal information secure
12. We store personal information on secure servers that are managed by our service providers, and occasionally hard copy files that are kept in a secure location in Australia. Personal information that we store or transmit is protected by security and access controls, including username and password authentication, two-factor authentication, and data encryption where appropriate.
13. We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
14. However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
15. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
How you can access your personal information
13. You can access some of the personal information that we collect about you by logging in to your account. You also have the right to make a request to access other personal information we hold about you and to request corrections of any errors in that data. You can also close the account you have with us for any of our Sites at any time. To make an access or correction request, contact our privacy contact using the contact details at the end of this policy.
Marketing Choices regarding your personal information
14. Where we have your consent to do so (e.g. if you have subscribed to one of our e-mail lists or have indicated that you are interested in receiving offers or information from us), we send you marketing communications by email about products and services that we feel may be of interest to you. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future by using the “unsubscribe” facility provided in the communication itself.
15. You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our Sites may not work properly in your case.
Cookies and web analytics
17. When you visit our Sites, there’s certain information that’s recorded which is generally anonymous information and does not reveal your identity. If you’re logged into your account some of this information could be associated with your account. We’re talking about the following kinds of details:
a. your IP address or proxy server IP address’;
b. the domain name you requested;
c. the name of your internet service provider is sometimes captured depending on the configuration of your ISP connection;
d. the date and time of your visit to the website;
e. the length of your session;
f. the pages which you have accessed;
g. the number of times you access our site within any month;
h. the file URL you look at and information relating to it;
i. the website which referred you to our Sites; and
j. the operating system which your computer uses.
Information about children
19. Our Sites can be browsed by those of any age however, when you create an account to use our Sites, you acknowledge that you are over 13 years of age. If you are between 13 and 18 years old, your registration and/or purchases must be created on your behalf by your parent or legal guardian. If you are under 13 or under the minimum age to open an account in your country, your parent or legal guardian must create an account for themselves and be the contact person for any communication.
20. It’s the responsibility of parents or guardians to monitor their children’s use of our Sites.
Information you make public or give to others
How long we keep your personal information
When we need to update this policy
23. We will need to change this policy from time to time in order to make sure it stays up to date with the latest legal requirements and any changes to our privacy management practices.
24. When we do change the policy, we’ll make sure to notify you about such changes, where required. A copy of the latest version of this policy will always be available on this page.
How you can contact us
25. If you have any questions about our privacy practices or the way in which we have been managing your personal information, please contact our privacy contact in writing at Suite 812, 585 Little Collins St, Melbourne, VIC 3000 Australia or firstname.lastname@example.org.
If you’re a user or visitor in the European Economic Area these rights also apply to you:
1. For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the “GDPR”), we are a ‘data controller’ of your personal information.
How you can access your personal information
2. You are also entitled to ask us to port your personal information (i.e. to transfer in a structured, commonly used and machine-readable format, to you), to erase it, or restrict its processing. You also have rights to object to some processing that is based on our legitimate interests, such as profiling that we perform for the purposes of direct marketing, and, where we have asked for your consent to process your data, to withdraw this consent as more fully described below.
3. These rights are limited in some situations – for example, we can demonstrate that we have a legal requirement to process your personal information. In some instances, this means that we may retain some data even if you withdraw your consent.
4. Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory: if such data is not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal information is optional.
5. If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.
12Descartes cookies, web beacons and similar technologies
Just to be clear, our sites include all those that are owned and operated within the 12Descartes Group like examsuccess.com.au, examsuccess.org and other sites we operate.
What are cookies, web beacons, and similar technologies?
Typically, there are two types of tracking technologies we might use on our sites:
- Cookies: these aren’t the type you eat they’re actually a small data file sent from a server to your web browser or mobile device that is stored on your browser cache or mobile device. There are ways you can control your cookies preferences and set whether you want to accept or reject cookies (see what your options are below).
- Clear gifs, web beacons, web bugs: These are tiny graphics with a unique identifier similar in function to cookies, and are used to track the movements of web users between pages and websites. Unlike cookies, which are cached on a user’s computer, clear gifs, web beacons and web bugs are embedded invisibly on web pages and are about the size of a single pixel.
What do we do with these technologies?
We use these tracking technologies for a few general purposes like:
- To allow our sites to function correctly.
- To understand how our sites are functioning and to inform any improvements in performance and our services.
- To enhance your experience on our sites and provide functionality that means for example you don’t have to re-enter your details each time you engage with our sites or to record what purchases you’ve made on our sites.
- To gather relevant data that helps us deliver marketing and advertising content relevant to your interests.
Your options when it comes cookies, web beacons and similar technologies
You can change your web browser’s settings to reflect your cookie preferences. Use these links to find out more information about cookie settings for these common browsers:
- Internet Explorer [http://windows.microsoft.com/en-US/windows7/Block-enable-or-allow-cookies]
- Firefox [https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer]
- Chrome [https://support.google.com/chrome/answer/95647?hl=en]
- Safari [https://support.apple.com/en-us/HT201265]
Also, you can opt out of third party advertising cookies at any time by visiting this page – http://www.networkadvertising.org/managing/opt_out.asp
Just keep in mind that if you disable cookies, web beacons and similar technologies there might be some functionality that will not work or not operate correctly on our sites.
If you have any questions about our privacy practices, please contact our privacy contact in writing at Suite 812, 585 Little Collins St, Melbourne VIC 3000 or email@example.com.