Privacy
Policy ...
This document declares the
undertakings by Elmore E-Business in relation to its
handling of Your Data.
- Data
Collection
- Data
Security
- Data
Use
- Data
Disclosure
- Data Retention and
Destruction
- Access by You to Your
Personal Data
- Information about Data
Handling Practices
- Handling of Enquiries,
General Concerns and Complaints
- Enforcement
- Changes to These Privacy
Undertakings
- Definitions
- Data
Collection
Elmore E-Business
undertakes to collect Your Data by means that are:
fair; legal; and
transparent.
If you visit Elmore
E-Business's web-site, your web-browser automatically
discloses, and Elmore E-Business's web-server automatically
logs, the following information: the date and time, the IP
address from which you issued the request, the type of browser
and operating system you are using, the URL of any page that
referred you to the page, the URL you requested, and whether
your request was successful. This data may or may not be
sufficient to identify you.
Any additional data that you
provide, e.g. in a web-form, may also be logged. This data may
or may not be sufficient to identify you.
Any additional data that your
web-browser automatically provides may also be logged. This
will be the case, for example, if your browser has previously
been requested to store data on your computer in 'cookies' and
submits them each time you request a web-page within a
particular domain (such as Elmore E-Business.com). This data
may or may not be sufficient to identify you.
If you disclose personal data
to Elmore E-Business in conjunction with an identifier such as
your name or your credit-card details, Elmore E-Business will
collect Your Data. Moreover, any data that becomes available to
Elmore E-Business through any of the means described in the
preceding paragraphs may be able to be associated with that
identifier, and hence become Your Data.
Subject to the qualifications
immediately below, Elmore E-Business undertakes to collect Your
Data from you and not from other parties. This undertaking is
qualified as follows:
where E-Business reasonably
considers that the protection of its financial interests
requires that it gather YourData from other sources, or from
additional sources. This applies in particular where Elmore
E-Business has a lending exposure to you, and seeks information
about your creditworthiness;
where Elmore E-Business
reasonably considers that its capability to deliver quality
services to you will be materially enhanced by gathering
YourData from other sources. This applies in particular to
consumer profile data.
Where Elmore E-Business
collects Your Data from sources other than you, it
undertakes:
- to do so only by legal
means;
- to do so only with your
Consent; and
- to declare to you what
sources it uses, and under what
circumstances.
- Elmore E-Business
undertakes to declare the purpose of collection in a manner
which is clear and meaningful, and to avoid vague, highly
inclusive statements such as 'to support our
operations'.
Data Security
Elmore E-Business undertakes
to store Your Data in a manner that ensures security against
unauthorised access, alteration or deletion, at a level
commensurate with its sensitivity.
Elmore E-Business undertakes to
store Your Data only in jurisdictions where data protections
are at least equivalent to those required under the OECD
Guidelines.
Elmore E-Business undertakes
to transmit Your Data in a manner that ensures security against
unauthorised access, alteration or deletion, at a level
commensurate with its sensitivity.
Elmore E-Business undertakes
to implement appropriate measures to ensure security of Your
Data against inappropriate behaviour by Elmore E-Business
staff-members and contractors. These include:
- training for staff in
relation to privacy;
- access control, to limit
access to Your Data to those staff and contractors who have
legitimate reasons to access it;
- particularly in the case
of sensitive data, audit trails of accesses, including the
identities of staff and contractors accessing the
data;
- reminders to staff and
contractors from time to time about the importance of data
privacy, and the consequences of inappropriate
behaviour;
- declaration of
appropriately strong sanctions that are to be applied in
the event of inappropriate
behaviour
- clear communication of
policies and sanctions; and
- processes to audit, to
investigate and to impose
sanctions.
Data Use
Use refers to the application
of Your Data by any part of Elmore E-Business, or any
staff-member or contractor of Elmore E-Business in the course
of their work.
Elmore E-Business undertakes to
use Your Data only for:
the purposes for which it was
collected; such other purposes as are subsequently agreed
between Elmore E-Business and You; such additional purposes as
may be required by law. In these circumstances, Elmore
E-Business will take any reasonable steps available to it to
communicate to You that the use has occurred, unless it is
precluded from doing so by law; and such additional purposes as
are authorised by law (in particular to protect Elmore
E-Business's interests, e.g. if it believes on reasonable
grounds that You have failed to fulfil your undertakings to
Elmore E-Business or have committed a breach of the
criminal law).
Elmore E-Business undertakes
to use YourData only if it has demonstrable relevance to the
particular use to which it is being put.
Elmore E-Business undertakes
to use YourData in such a manner as to take into account the
possibility that it is not of sufficient quality for the
purpose, e.g. because it is inaccurate, out-of-date,
incomplete, or out-of-context.
Data Disclosure
Disclosure refers to making
YourData available to any party other than Elmore E-Business
and You. The term disclosure may include many different
conditions of data transfer, including selling, renting,
trading, sharing and giving.
Elmore E-Business undertakes
to disclose Your Data only under the following
circumstances:
in the course of business
being conducted between You and Elmore E-Business, where
disclosure is necessary to a contractor, such as a transport
company. Where Your Data is disclosed in this way, Elmore
E-Business undertakes to exercise control over Elmore
E-Business's contractors to ensure that their actions are
compliant with these Terms;
in other circumstances that
are directly implied by the purpose agreed between You and
Elmore E-Business at the time of data collection or
subsequently. Where Your Data is disclosed in this way, Elmore
E-Business undertakes to exercise control over Elmore
E-Business's contractors to ensure that their actions are
compliant with these Terms; with your consent, or at your
request; where required by law, such as a provision of a
statute, or a court order such as a search warrant or sub
poena. In these circumstances, Elmore E-Business will take any
reasonable steps available to it to communicate to You that the
disclosure has occurred, unless it is precluded from doing so
by law; where permitted by law (e.g. the reporting of suspected
breach of the criminal law to a law enforcement agency; and in
an emergency, where Elmore E-Business believes on reasonable
grounds that the disclosure of YourData will materially assist
in the protection of the life of health of some person),
provided that Elmore E-Business will apply due diligence to
ensure that the exercise of the permission is
justifiable.
In all cases, Elmore
E-Business undertakes to disclose only such of Your Data as is
necessary in the particular circumstances.
Data Retention and
Destruction
Subject to the qualifications
immediately below, Elmore E-Business undertakes: to retain Your
Data only as long as is consistent with its purpose; and to
destroy Your Data when its purpose has expired, and to do so in
such a manner that Your Data is not subsequently capable of
being recovered. This undertaking is qualified as
follows:
Your Data may be retained in
Elmore E-Business's logs, backups and audit trails within
short-term retention cycles that are devised to protect the
company's operations. In such cases, Your Data will be
destroyed in accordance with those cycles;
Your Data may be retained
beyond the expiry of its purpose if that is required by law,
such as a provision of a statute, or a court order such as a
search warrant or sub poena, or a warning by a law enforcement
agency that delivery of a court order is imminent. In these
circumstances, Elmore E-Business: will take any reasonable
steps available to it to communicate to You that Your Data is
being retained, unless it is precluded from doing so by law;
and will only retain Your Data while that provision is current,
and will then destroy Your Data; Your Data may be retained
beyond the expiry of its purpose if it is authorised by law (in
particular to protect Elmore E-Business's interests, e.g. if it
believes on reasonable grounds that You have failed to fulfil
your undertakings to Elmore E-Businessc or have committed a
breach of the criminal law). In these circumstances, Elmore
E-Business will only retain Your Data while that situation is
current, and will then destroy Your Data.
Access by You to Your Personal
Data
Elmore E-Business undertakes
to provide you with access to Your Data, subject to only such
conditions and processes as are reasonable in the
circumstances. In particular, Elmore E-Business undertakes to
enable access: conveniently; without unreasonable delay; and
without cost.
Elmore E-Business undertakes
to establish and operate identity authentication protections
for access to Your Data that are appropriate to its
sensitivity, but practical. This may involve some
inconvenience; for example, relatively straightforward
procedures may be involved in order to provide you with access
through a channel that you have previously registered with
Elmore E-Business (such as a particular email-address), but may
impose more onerous procedures if you wish to use some other
channel.
In the event that you dispute
some aspect of Your Data, Elmore E-Business undertakes to take
reasonable steps in relation to the amendment, supplementation
or deletion of Your Data.
You undertake: not to seek
access for frivolous purposes, or unreasonably
frequently;
to accept that deletion of some
data may not be consistent with the provision of particular
services by Elmore E-Business to you.
Information about
Data-Handling Practices
Elmore Music undertakes to
make information available to you about the manner in which
Elmore E-Business handles your data:in general terms, in a
readily accessible manner; and
in more specific terms, on
request. Where Your Data is disclosed to a contractor, Elmore
E-Businessundertakes to make information available to you on
request about the manner in which Elmore E-Business contractors
handle your data. Elmore E-Business undertakes to ensure that
the information provided is meaningful, and addresses your
concerns.
You undertake:
not to seek such information
for frivolous purposes, or unreasonably frequently;
and
to accept that the disclosure of
excessive detail may harm the security of Your Data and Elmore
E-Business's business processes, and may harm Elmore
E-Business's commercial interests.
Handling of Enquiries, General
Concerns and Complaints
If you have enquiries, general
concerns, or complaints about these Terms, or about Elmore
E-Business's behaviour in relation to these Terms, you
undertake: to communicate
them in the first instance: to Elmore E-Business only;
in sufficient
detail; through a
channel made available by Elmore E-Business for that
purpose; Elmore
E-Business undertakes:
to provide one or more
channels for communications to Elmore E-Business, which are
convenient to users; to
promptly provide acknowledgement of the receipt of
communications, including the provision of a copy of the
communication, the date and time it was registered, and Elmore
E-Business's reference-code for the communication;
to promptly provide a response to
the communication, in an appropriate and meaningful
manner. You further
undertake to not pursue Elmore E-Business through any Regulator
or the media: until and
unless Elmore E-Business has had a reasonable opportunity to
respond to the initial communication; and
while Elmore E-Business and
you remain are conducting a meaningful dialogue about the
matter.
Enforcement
Elmore E-Business declares
that its undertakings in these Terms are intended to create
legal obligations, and that those obligations are intended to
be enforceable under appropriate laws in appropriate
jurisdictions. These include laws relating to data protection,
privacy, fair trading, corporations and criminal
laws.
You undertake to seek
enforcement only in a jurisdiction that is relevant to the
transactions that have taken place between You and Elmore
E-Business, in particular the jurisdiction in which you live or
in which you performed the relevant acts, and the jurisdiction
in which Elmore E-Business is domiciled or performed the
relevant acts.
If you wish to discover the
relevant laws in any particular jurisdiction, Elmore E-Business
draws your attention to the following resources:
WorldLII Privacy
Links
Compilation of [U.S.] State and
Federal Privacy Laws, Privacy Journal, Providence RI
Privacy Law Sourcebook 2004,
EPIC, Washington DC
the Australian Privacy
Foundation's pages:
International Instruments
Relating to Privacy Law
Privacy Laws of Countries of the
World
Privacy Laws of the Commonwealth
of Australia
Privacy Laws of the States and
Territories of Australia
Privacy International
Changes to These Privacy
Undertakings
Elmore E-Business
undertakes:
not to materially change these
Terms in a manner that reduces the protections for Your
Data;
to take all possible steps to
prevent any company that acquires this company or any of its
relevant assets from materially changing the Terms applicable
to Your Data in a manner that reduces the protections for Your
Data; where it is
considering making changes to these Terms, or creating more
specific Terms relating to specific services, to consult with
appropriate representative and advocacy
organisations; where
it makes changes to these Terms, to ensure that the differences
between successive versions are readily
accessible; to
maintain all prior versions of these Terms in such a manner
that they are dated, and readily accessible.
Your Data means data that is
capable of being associated with you, whether or not it
includes an explicit identifier such as your name or customer
number. In particular, it encompasses all data that Elmore
E-Business is capable of correlating with you, using such means
as server-logs and cookie-contents.
Your Data does not refer to
data that can no longer be associated with you. This includes
aggregated data that does not and cannot identify the
individuals whose data are included in the
aggregation.
Consent means your concurrence
with an action to be taken by Elmore E-Business. Consent may be
express or implicit, but in either case must be informed and
freely-given.
Definitions
Elmore E-Business means the
company providing marketing material.
Your Data means data that is
capable of being associated with you, whether or not it
includes an explicit identifier such as your name or customer
number. In particular, it encompasses all data that ThisCompany
is capable of correlating with you, using such means as
server-logs and cookie-contents.
Your Data does not refer to
data that can no longer be associated with you. This includes
aggregated data that does not and cannot identify the
individuals whose data are included in the
aggregation.
Consent means your concurrence
with an action to be taken by ThisCompany. Consent may be
express or implicit, but in either case must be informed and
freely-given.
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