Privacy Policy

 

GOBI PTY LTD
(ACN 610 462 087) 

PRIVACY POLICY 


1. OUR PRIVACY POLICY

1.1. It is the policy of Gobi Pty Ltd to comply fully with the requirements of all laws including the Privacy Act 1988 (Cth) (“Act”) and the 13 Australian Privacy Principles set out in the Act.

1.2. This Privacy Policy is intended to be a guide for you as to the manner in which Gobi Pty Ltd protects your Personal Information.

2. DEFINITIONS

“Gobi” means Gobi Pty Ltd (ACN 610 462 087).

“Personal Information” means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

“Sensitive Information” means information or an opinion about an individual's racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices or criminal record, that is also Personal Information, or health information about an individual.

3. AN IMPORTANT NOTE ABOUT CHILDREN

Protecting the privacy of young children is especially important. Gobi does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not send any personal information to us. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any personal information from or about a child under 18, please contact us at contact@gobi.net.au

4. PERSONAL INFORMATION

4.1. To fully use our services, you will need to register using our online registration form, where you will be required to provide us with your Personal Information.

4.2. Gobi may collect Personal Information directly from you, when you write to us, telephone us, email us, visit our internet site or our web application, or register as a member on our internet site or our web application.

4.3. The Personal Information we may collect can include, but is not limited to:

(a) name and contact details;

(b) company details;

(c) qualifications;

(d) job title;

(e) location;

(f) date of birth;

(g) copies of correspondence between you and other members of our internet site or our web application.

4.4. Gobi will only collect Personal Information by fair and lawful means and not in a way that is unreasonably intrusive. At or before the collection of your Personal Information Gobi will always take reasonable steps to ensure that you are aware of:

(a) the identity and contact details of Gobi;

(b) if:

(i) Gobi collects Personal Information from someone other than you; or

(ii) you may not be aware that Gobi has collected Personal Information from you.

(c) the purpose or purposes of collection of Personal Information;

(d) the main consequences (if any) for you if all or some of the Personal Information is not collected by Gobi;

(e) any law that requires the collection of Personal Information;

(f) the organisations (or types of organisations) to which we usually disclose Personal Information;

(g) the fact that the Privacy Policy contains information about how you may complain about a breach of the Australian Privacy Principles;

(h) the fact that the Privacy Policy contains information about how you are able to gain access to the Personal Information that we hold about you; and

(i) whether we are likely to disclose the Personal Information to overseas recipients, and, if so, to which countries.

4.5. When it is not practicable to cover all of these disclosure obligations at the time of collection, we will give you the information about these matters as soon as practicable after the collection of your Personal Information. This may be in confirmatory documents.

4.6. Wherever practicable we will collect your Personal Information directly from you.

4.7. There are instances when we may, subject to law, collect your Personal Information from a third party such as your agent, ASIC, the internet, a credit reporting agency or a credit provider. Where we do not collect your Personal Information directly from you, we will take reasonable steps to ensure that the information collected is:

(a) relevant for the purpose for which it was collected;

(b) accurate, up-to-date and complete;

(c) not unreasonably intrusive on you; and also that

(d) we have fulfilled our disclosure obligations to you.

4.8. Any Personal Information that Gobi holds about you will be kept in secure electronic files.

5. OUR USE AND DISCLOSURE

5.1. Subject to some exceptions, we will only use your Personal Information for a purpose for which you have expressly or impliedly consented or that is related to the primary purpose of collection and is reasonably expected.

5.2. Gobi will not use the Personal Information that it collects from you for the purposes of direct marketing.

5.3. Gobi may use your Personal Information (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 our internet site or our web application) to resolve disputes, troubleshoot problems and to help ensure safe trading on our internet site or our web application. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your information to identify members using multiple usernames or aliases.

5.4. Subject to what is permitted by law, the types of third parties we may disclose your Personal Information to include:

(a) credit reporting agencies;

(b) our agents, contractors and external advisers whom we engage from time to time to carry out, or advise on, our functions and activities;

(c) your agents and contractors;

(d) your executor, administrator, trustee, guardian or legal advisor;

(e) regulatory bodies, government agencies, law enforcement bodies and courts;

(f) any person or organisation who introduces you to us, subject to your consent;

(g) debt collecting agencies;

(h) your sureties and guarantors and prospective sureties and guarantors; or

(i) any person, to the extent necessary to carry out any instruction you give to Gobi.

5.5. Gobi may also need to disclose your Personal Information if:

(a) it is necessary to lessen or prevent a serious and imminent threat to life, health or safety of an individual or a serious threat to public health or safety;

(b) it is unreasonable or impracticable to obtain your consent;

(c) the use or disclosure is required or authorised under Australian law or court/tribunal order;

(d) Gobi has reason to suspect that unlawful activity, or misconduct of a serious nature that relates to Gobi’s functions has been, is being or may be engaged in, and uses or discloses the Personal Information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities;

(e) Gobi reasonably believes that the collection, use or disclosure is reasonably necessary to assist to locate a person who has been reported missing and Gobi reasonably believes that the collection, use or disclosure is necessary in order for Gobi to take appropriate action in relation to the matter;

(f) it is for the purpose of a confidential alternative dispute resolution process;

(g) it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim;

(h) Gobi reasonably believes that the use or disclosure is reasonably necessary for one of the following by or on behalf of an enforcement body:

(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, or breaches of law imposing a penalty or sanction;

(ii) the conduct of protective or custodial activities;

(iii) the enforcement of laws relating to the confiscation of the proceeds of crime;

(iv) the protection of public revenue;

(v) the prevention, detection, investigation or remedying of misconduct of a serious nature or prescribed conduct;

(vi) the conduct of surveillance activities, intelligence gathering activities or monitoring activities;

(vii) the preparation for, or conduct of, proceedings before any court or tribunal or implementation of the orders of a court or tribunal.

5.6. If Gobi uses or discloses Personal Information to an enforcement body, it will make a note of the use or disclosure.

5.7. Subject to clause 5.8 of this Privacy Policy, Gobi is not likely to disclose your Personal Information to overseas recipients.

5.8. The administration of Gobi is undertaken in India, and as such, your Personal Information will be disclosed to Gobi’s representatives in India.

6. YOUR USE OF INFORMTION

6.1. If you choose to post messages in our internet site or our web application or other message areas or leave feedback for other members, we will collect and store such information that you disclose to us.

6.2. If you send us personal correspondence, such as emails or letters, or if other members or third parties send us correspondence about your activities or postings on our internet site or our web application, we may collect such information into a file specific to you.

6.3. Our internet site or our web application may include links to other websites whose privacy practices may differ from those of Gobi. When you use a link to go from our internet site or our web application to another website or web application, such as that of our payments processors, the privacy policy for the other website or web application is the privacy policy applicable to that website or web application, and our Privacy Policy has no application to that third party website or web application. We encourage you to carefully read and understand the privacy policy of any website or web application you visit.

6.4. Our internet site or our web application may include social media features, such as the Facebook like button, widgets and the share button. These features may collect your IP address, which page you are visiting, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our internet site or our web application. Your interactions with these features are governed by the privacy policy of the company providing it.

6.5. In order to facilitate interaction among all our members, our service allows you limited access to other member’s contact information. As a member you have access to the full names, email address and other contact information of other members.

6.6. By registering on our internet website or our web application, you agree that, with respect to other members’ personal information that you obtain through our internet website or our web application or through a Gobi-related communication or Gobi-facilitated transaction, you are only permitted to use such information for:

(a) Gobi-related communications that are not unsolicited commercial messages, using cobranded services offered through Gobi, and any other purpose that such member expressly opts into after adequate disclosure of the purpose(s).

7. CONTROL OF YOUR PASSWORD

You are responsible for all actions taken with your password, including fees. Therefore, Gobi does not recommend that you disclose your password to any third parties. If you choose to share your password or your information with third parties to provide you additional services, you agree that you are responsible for all actions taken with your 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.

8. OTHER INFORMATION COLLECTORS

Except as otherwise expressly discussed in this Privacy Policy, this document only addresses the use and disclosure of information Gobi collects from you. To the extent that you disclose your information to other parties, whether they are members on our internet site or web application or other internet sites or web applications, 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 Gobi 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.

9. DATA QUALITY

9.1. Gobi will endeavour to make sure that the information we collect, use or disclose is accurate, complete and up-to-date.

9.2. Gobi will endeavour to take such steps (if any) as are reasonable in the circumstances to ensure that the Personal Information that we use or disclose is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.

10. DATA SECURITY

10.1. Gobi will take reasonable steps to protect the Personal Information it holds from misuse, interference, loss and from unauthorised access, modification or disclosure.

10.2. Gobi will take reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for any purpose which the information may be needed or disclosed.

11. ACCESS AND CORRECTION

11.1. Following registration, you can review and change the Personal Information you submitted during registration including:

(a) your registration information such as: name, company, address, city, state, post code, country, primary phone number, secondary phone number, fax number and gender; and

(b) your password (if you have supplied such information).

11.2. 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.

11.3. Gobi will provide you with access to your Personal Information upon request by you, except to the extent that:

(a) providing access would pose a serious and imminent threat to the life or health of any individual, or to public health or public safety;

(b) providing access would have an unreasonable impact upon the privacy of other individuals;

(c) the request for access is frivolous or vexatious;

(d) the information relates to existing or anticipated legal proceedings between Gobi and you, and the information would not be accessible by the process of discovery in those proceedings;

(e) providing access would reveal the intentions of Gobi in relation to negotiations with you in such a way as to prejudice those negotiations;

(f) providing access would be unlawful;

(g) denying access is required or authorised by or under Australian law or a court/tribunal order;

(h) both of the following apply:

(i) Gobi has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to its functions or activities has been, is being, or may be engaged in;

(ii) giving access would be likely to prejudice the taking of appropriate action in relation to the matter;

(i) providing access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

(j) giving access would reveal evaluative information generated within Gobi in connection with a commercially sensitive decision-making process.

11.4. If Gobi charges for providing access to Personal Information, those charges:

(a) will not be excessive; and

(b) will not apply to lodging a request for access.

11.5. If Gobi denies you access to your Personal Information, it will provide you with written notice that sets out:

(a) the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so;

(b) the mechanisms available to complain about the refusal; and

(c) any other matters prescribed by the regulations.

11.6. If Gobi holds Personal Information about you and either Gobi is satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading, or you request that Gobi corrects the Personal Information, Gobi will take reasonable steps to correct the Personal Information.

11.7. If Gobi does not agree to make changes to your Personal Information:

(a) Gobi will provide you with the reasons for its decision, except to the extent that it would be unreasonable to do so;

(b) the mechanisms available to complain about the refusal;

(c) any other matter prescribed by the regulations; and

(d) you may request that a statement of the request for the amendment be associated with your Personal Information and Gobi will take reasonable steps to associate the statement in such a way that will make the statement apparent to users of the information.

11.8. A circumstance where we may not agree to change your Personal Information is if the information is inaccessible and never likely to be used.

12. IDENTIFIERS

Gobi will not use tax file numbers, pension numbers, Medicare numbers or any other agency identifiers as an identification record. Gobi will only request, use and disclose these numbers in the manner and for the purposes authorised by law.

13. ANONYMITY

Wherever it is lawful and practicable, individuals will have the option of not identifying themselves, or using a pseudonym when entering into transactions with Gobi.

14. COLLECTION OF SENSITIVE INFORMATION

14.1. Gobi will not collect your Sensitive Information unless:

(a) you have expressly consented to such collection;

(b) the information is reasonably necessary for one or more of Gobi’s functions or activities;

(c) the collection is required or authorised by law;

(d) a permitted general situation exists in relation to the collection of the information by Gobi; or

(e) Gobi is an organisation and a permitted health situation exists in relation to the collection of the information by the entity.

14.2. Gobi will usually seek to perform its functions and activities in a way that minimises its need to collect Sensitive Information.

15. OPENNESS

15.1. This Privacy Policy is available to anyone who requests it.

15.2. On your request, Gobi will take reasonable steps to let you know, generally, what sort of Personal Information we hold, for what purposes, and how we collect, hold, use and disclose that information.

16. COMPLAINTS

16.1. If at any time you are concerned about the way Gobi is handling your Personal Information, or if you are concerned that Gobi has breached any of the Australian Privacy Principles, or any other registered Privacy Code that binds Gobi, you are able to make a complaint as follows:

(a) Set out your complaint in writing and forward it to:Gobi Pty Ltd support@gobi.net.au

(b) Gobi will consider your complaint and reply within seven (7) days of receipt. If Gobi considers that there has been a breach it will immediately take steps to rectify the breach, and put measures in place to ensure that it does not happen again.

(c) If you are not satisfied with Gobi’s response, you are able to make a complaint to the Office of the Australian Information Commissioner in writing or online.

17. CHANGES TO THIS PRIVACY POLICY

Gobi may update this Privacy Policy from time to time. All changes made to this Privacy Policy will be in compliance with the law. An updated copy of this Privacy Policy will be available to anyone who requests it.