Privacy Policy

[Last updated 9 September 2020]

Part A : Data Protection General Terms

Our aim is to protect your personal information
At Tern-x Pty Ltd (ACN 637 198 871) your privacy is important to us. This policy sets out how we and any entities that we control do this. This policy applies to users of our website www.tern-x.com, podcast and networking subscribers, followers, or registered members. It also applies to the consumers of our products and services.

We aim to treat your personal information in a respectful, fair, and lawful way in line with:
● Australian privacy law;
● The European General Data Protection Regulations (GDPR) for EU residents and
● California Consumer Privacy Legislation.

What we use personal information for
We collect, hold, use and disclose personal information for the purpose of:
● letting you know about our products and services;
● delivering updates from us from time to time;
● operating and improving our websites and content;
● providing you with access to our website, news, podcasts, or social media (this may include you creating a username and password);
● providing and delivering products and services, payment transactions, payment confirmations, shipping alerts, invoicing, security alerts, recall notices and support and administrative messages;
● maintaining and processing customer online subscriptions and accounts;
● answering your questions, comments, feedback and providing customer support.
We do not sell or give away access to the personal information you provide to us. Personal information you share with us for the purpose of making it public, like a testimonial, may be published by us and made publicly available.

Staying anonymous
You can browse this website anonymously. If you identify yourself to us, at that point we will collect your personal information. If you subscribe as a member of our website, podcasts, newsletter or have purchased our products and entered your contact details into our website or E-commerce store, then we will collect personal information about you to meet our business obligations.

Collecting personal information
At all times we try to only collect the information we need to keep you updated about our products and services, to deliver our services and/or to answer your enquiries. This may include your name, address, email, IP address, telephone/fax number or social media contact details (if that is how you contact us).

The main way we collect personal information about you is when you give it to us, for example:
● when you contact us;
● when you submit information to our website or directly to us;
● when you ask for information from us about our products and services.

Generally, we will store and retain your personal information for 7 years after the date of your most recent purchase or enquiry with us. After this time, we will securely dispose of any of your personal information held.

Testimonials
If you provide us with a testimonial, you give us your consent for the use of your name and the date of your testimonial to be displayed on our website or in our other marketing material, together with the content of the testimonial that you provide. We reserve the right to edit your testimonial, e.g. for length, provided that we do not change the meaning of what you have said. If you provide us with photographs of you using our products via a Testimonial, then you also provide us with your consent to use those images. If you would rather we did not use your real name in a Testimonial it is important that you let us know by contacting us at [email protected]

Indirect collection
Other than as disclosed in this policy, we only collect information directly from you. We may collect information about you from publicly accessible databases (for example if we verify your ABN or company identifier).

Social Networking Services and links to other websites
We live in a socially connected world. We may provide links to other websites or use social networking services such as Instagram or Facebook and YouTube to communicate with the public about our products and services. When you communicate with us via social networking channels, we may collect your personal information. We will only use it to help us to communicate with you. The social networking service will also handle your personal information for its own purposes.

Each social media platform also has its own privacy policy. You should check the privacy policies for the social networking platforms you use to find out how they manage your personal information.

Collecting sensitive information
We do not collect sensitive information about you. Sensitive information can include information about health, race, ethnic origin, politics, religion, sexual orientation, criminal history. If for some reason you disclose sensitive information to us, then we will take steps to appropriately protect it.

Who can access your personal information?
Aside from Testimonials, we do not publish your personal information. We may give access to identification data we obtain and transaction records to appropriate and competent advisors or authorities. We do this only for the purpose of obtaining advice or services, and they will not be authorised to use your personal information for any purpose other than the service or advice they are supplying to us (for example accounts or IT services).

Reputable businesses comply with the law. If we are directed to disclose your personal information by law or if requested by Government law enforcement agencies with jurisdiction in the region where you have purchased goods and services from us, then we will do so.

Payment Platforms and Shopping Carts
We accept payments using Paypal and Stripe via our online ecommerce platform which allows us to sell our services to you. We do not take custody of or store your card details, although our payment processors may store that information on our behalf.

Financial information you provide to a third-party site will be managed according to their own privacy policy. Policies for our providers can be found on each provider website, for example:
PayPal - https://www.paypal.com/au/webapps/mpp/ua/privacy-full
Stripe - https://stripe.com/en-au/privacy

How we use Cookies and other identifiers
Websites commonly use a range of tools (cookies and session tools) provided by third parties including search engine browsers and our web hosting company, to collect or view website traffic information. These sites have their own privacy policies. Our use of Cookies is to improve your user experience, our website effectiveness, and the quality of our website services. We will not use this information to identify you or send you targeted advertising without your consent.

A cookie is a small text file downloaded onto a computer or mobile device when a website is accessed. Other identifiers can operate in a similar way. Cookies are widely used in E-commerce to make websites work, or work more efficiently, as well as to provide information to the website owners and third parties.

Cookies enable a website to recognise a computer or mobile device used to access the internet. Cookies do not identify the individual and do not allow us access to any information stored on an individual's computer or mobile device.

Cookies may collect information such as the IP address of the device you are using and information about sites that IP address has come from, the pages accessed on our site and the next site visited, the operating system and browser type.

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Some website features may not function properly without cookies. To find out how to opt out of tailored advertising please check the options available here - http://www.networkadvertising.org/choices/.

Embedded content from other websites
Articles on our website may contain embedded content from other websites, like YouTube. For example, videos or images within an article or even whole articles. The embedded data behaves as though you have visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking and monitor your interaction with the embedded content, including tracking your interaction with the embedded content if you have an account or are logged in to the other website.

Sale of our website
If our website or any part of it is acquired by or merged with another company or business, your personal data may be transferred to the new owners so they may continue to support and operate our website and services. Where the new owners have a privacy policy that has the same level of compliance with Australian privacy laws, GDPR and CCPL that we provide, by agreeing to this privacy policy, you agree to such a transfer.

Security and overseas recipients
While no system is 100% impenetrable and we cannot guarantee the safety of the information you store with us, we use industry standard or higher measures to securely store the information we hold. All information collected by us is stored on a secure cloud server. All communication between users and our platform are secured by end-to-end encryption using HTTPS protocol Secure Sockets Layer (SSL).

Additionally, we add encryption to forms (to ensure important information is inaccessible without security access), use server and application level firewalls, port control, IP blacklisting and regular backups and security breach monitoring.

We have limitations in place for the category of people who can use the database at operator level and who can access the database within our organisation. We use physical security if we require any hardcopy storage (although we aim for complete electronic storage) and use appropriate password control to limit electronic access.

Due to the online and international nature of our business, it is likely personal information stored by us will cross international borders. We aim to use reputable third-party providers for cloud storage, CRM, and payments.

Your Role in Data Protection
You have a role to play in protecting your privacy. Examples of how you can minimise risk to your personal information include maintaining up-to-date virus and firewall protection, closing your browser when finishing a user session, limiting use of public computer and internet services and never disclosing your username and password to third parties.

California Privacy Legislation (CPL) – Opt-Out and Do Not Track Disclosure
1. Opt-Out
To be clear, we do not sell your personal information or data. CPL requires an opt-out opportunity where companies sell personal information. We do not.

2. Do Not Track (DNT) legislation protects users' rights to choose whether they are tracked by Third Party Websites. Californian Law currently requires that we disclose our position on whether we respond to Do Not Track legislation. We do not need to respond but we do need to state clearly what our position is on DNT. Tern-x does not support or respond to Do Not Track (DNT) or similar signals or mechanisms. Some third-party sites we use keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting or encounter such sites, and they recognise DNT signals, your browser will likely allow you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.
For example, Chrome provides these instructions on their website at https://support.google.com/chrome/answer/2790761?co=GENIE.Platform%3DDesktop&hl=en

Accessing and correcting your personal information
You may request copies of the information we hold about you, which will only be provided electronically. You can make a request to amend or correct that information. If we do not agree with your requested change, we will let you know, and we will keep a copy of your request with our information. You can email us at [email protected] setting out your reasons and we will consider your information. Decisions about removal of data remain with us.

Problems?
If you have any concerns about our use of your personal information, please write to [email protected] and let us know what the problem is. We will respond to your concerns within 30 days.

If you are not happy with how we manage your concerns, you can contact the Australian Privacy Commission, available at http://www.oaic.gov.au (within Australia) or the privacy commission in your jurisdiction.

Our contact details:
Company: Tern-x Pty Ltd ACN 637 198 871
Address: PO Box 119, Greythorn, Victoria 3104, Australia
Email: [email protected]

Part B: Data Protection - Residents of the European Union
Our business is international. This section of our privacy policy is in addition to our Part A general terms and relates specifically to residents of the EU where GDPR applies. We comply with these principles in the way we collect and manage your personal information.
● 'Personal data' or 'personal information' is information that directly identifies you, such as your name and email address, or data that could be used, on its own or in combination with other data, to identify you.
● Sensitive personal data is information about you that requires additional protection and includes health information, criminal history, ethnicity and religious beliefs or sexual preferences. We do not intentionally collect sensitive personal information about you and request you do not unintentionally share it with us.
● We collect and process the minimum amount of information required to deliver our services.
● Under the GDPR, we are a data controller when it comes to your personal information.
● If you are a member of our website or have purchased goods and services from us, with your permission, we may use your email address to send you emails about our activities.
● Emails about our activities may contain links to other information. We process this information based on your consent.
● You may always withdraw your consent and unsubscribe from these emails by clicking on the unsubscribe link at the bottom of the email or by contacting us using the information set out above.
● We may process the following categories of personal data about you:
● Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us.
● We process Communication Data for the purposes of communicating with you, for record keeping and for the establishment, pursuance, or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
● Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details.
● We process Customer Data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter such a contract.
● User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services.
● We process User data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
● Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system.
● We process Technical Data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
● Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. This data is mostly collected from users of our website.
● We process Marketing Data to enable you to partake in our promotions, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you.

Our lawful ground for this processing is legitimate interests which is to grow our business.

We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).

Payment Platforms and Shopping Carts
We accept payments using Paypal and Stripe via our online ecommerce platform which allows us to sell our services to you. We do not take custody of or store your card details, although our payment processors may store that information on our behalf.

Financial information you provide to a third-party site will be managed according to their own privacy policy.

Policies for our providers and potential providers can be found on each provider website, for example:
PayPal - https://www.paypal.com/au/webapps/mpp/ua/privacy-full
Stripe - https://stripe.com/en-au/privacy

We will share your personal data with our payment service providers only to the extent necessary to process your payments or deal with refunds, disputes, or complaints in relation to your payments.

If you are a member of our platform, we will securely destroy your personal information when it is no longer required for our business purposes. We anticipate this will occur 7 years after you cease to be a member of our platform however this period may always change for compliance purposes with any relevant law of our jurisdiction.

We may share your personal information when required to do so by law or with our professional advisers to obtain advice, for instance if there is a breach of the terms and conditions, or to meet our accounting or compliance obligations. We use your personal data in this manner as a requirement for the legitimate functioning of our business.

Your personal information will necessarily cross international borders and we aim to only use third party providers with relevant certifications (for example EU-US privacy shield participants).

EU Compliant Data Rights
You have the right to ensure:
● We process your data fairly and lawfully and within the purpose and/or consent it was provided to us;
● Your data is accurate;
● The data collected by us is not excessive.
To ensure this happens, you can -
● have your data updated and amended if incorrect, out of date or incomplete;
● restrict the level of processing or automated processing we do;
● know how long we keep your data;
● ask us to erase your data and be forgotten;
● ask us to provide details of the personal data we hold.
To achieve this, at your request, and upon production of satisfactory identification, we will tell you what personal data about you is being processed (e.g. what information we have stored), on what basis, and by whom.

You may amend inaccurate, incomplete or outdated personal data at any time by contacting us via email at [email protected] Please allow 30 days for us to look into your request and get back to you.

If you decide your data should not be processed for one or more purposes, and we are using your data based on your consent, you may withdraw your consent from using your data in that way.

Please note that we will action your request as soon as practically possible however such a request will not take effect immediately and your data may still be used in the meantime.

You may request that all personal data we have collected about you be deleted from our records and erased from information stored by any third-party organisations processing data on our behalf.

If data we have collected about you is processed using automated means, you have the right to receive that data in a structured, machine-readable format and to transmit it to another data controller without hindrance.

If you make a request to be forgotten:
● your personal information may not be removed from our back-ups as we are unable to remove specific files from our backup;
● comments you have made in public areas may not be able to be removed;
● data we are using about you within our database for our legitimate business purposes may not be affected by your request to be forgotten.

Embedded content from other websites
Articles on our website may contain embedded content from other websites, like YouTube. For example, videos or images within an article or even whole articles. The embedded data behaves as though you have visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking and monitor your interaction with the embedded content, including tracking your interaction with the embedded content if you have an account or are logged in to the other website.

Accessing and correcting your personal information
You may request copies of the information we hold about you, which will only be provided electronically. You can make a request to amend or correct that information. If we do not agree with your requested change, we will let you know, and we will keep a copy of your request with our information.

If you are registered as a rogue guest on our database and believe this is incorrect, the onus is on you to show why we should remove your details. You may email us at [email protected] setting out your reasons and we will consider your information. Decisions about removal of data remain with us.

Opt-Out
To be clear, we do not sell your personal information or data.

Unsubscribe
Email us with the words "unsubscribe me" if you no longer wish to receive communication from us. We will be sorry to see you go but will respect your wishes to remove you from our subscriber list. You are welcome to return.

Email: "Unsubscribe Me" to [email protected]

Problems?
If you have any concerns about our use of your personal information, please write to [email protected] and let us know what the problem is. We will respond to your concerns within 30 days.

If you are not happy with how we manage your concerns, you can contact the Australian Privacy Commission, available at http://www.oaic.gov.au (if you are within Australia, or alternatively, the relevant privacy commission in your jurisdiction).

Our contact details:
Company: Tern-x Pty Ltd ACN 637 198 871
Address: PO Box 119, Greythorn, Victoria 3104, Australia
Email: [email protected]

Note: Tern-x reviews and updates this Policy from time to time to reflect its current information handling practices. Tern-x will notify changes by posting an updated version of the Policy to the Tern-x website.

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