Australian Privacy laws have changed. All organisations that collect personal or sensitive data must do so in compliance with the Australian Privacy Principles which came into effect March 12 2014. This includes your consent for TDAKS's use of your personal details to process and fulfil your order as well as service your account.
implement practices, procedures and systems that will ensure that we comply with the APPs and any binding registered APP code; and
be able to deal with privacy related inquiries and complaints in a prompt manner.
Note: 'Personal information' is defined in the Act as 'information or an opinion about an identified individual, or an individual who is reasonably identifiable:
whether the information or opinion is true or not, and
whether the information or opinion is recorded in a material form or not.
Security of your Personal Information
Kind of personal information TDAKS collects and holds
TDAKS collects and holds personal information such as you name, postal address, delivery address, email address, telephone numbers and computer cookies. TDAKS does not store credit card or bank account details.
How personal information is collected and held
TDAKS collects and stores your personal information whenever:
you register an account with us;
you visit or place an order to purchase a product at wwwTDAKS.com;
you send us an email;
you enter a competition; or
you purchase a voucher from us.
Your personal information is stored and secured using our third party data storage provider.
Purposes for which TDAKS collects, holds, uses and discloses personal information TDAKS collects, holds, uses and discloses your personal information for the primary purpose of:
processing your order for products;
ensuring that your products are properly delivered to you;
properly managing and fulfilling product returns or refunds;
receiving and resolving complaints;
allowing third party service providers to manage the services provided to you;
mailing and delivery systems for products you have purchased;
maintenance and repair services;
marketing activities conducted by TDAKS or any of our related companies; and
our professional advisers, accountants, lawyers, auditors.
We may also use your personal information for the secondary purpose of sending you offers to purchase further products or to inform you about competitions that TDAKS may conduct. Any offers sent to you by TDAKS will contain a clear and easy-to-read "unsubscribe" link which you can use to stop TDAKS from sending you such offers in the future.
This website uses "cookies" to help you personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at the TDAKS.com website: a persistent cookie and a session cookie. A persistent cookie gets entered by your web browser into the "Cookies" folder on your computer and remains in this "Cookies" folder after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. A session cookie is held temporarily in your computer's memory and disappears after you close your browser or shut down your computer. The TDAKS.com website may also use web "beacons" (also called "clear GIFs" or "pixel tags") in conjunction with cookies for the same reasons. Web beacons are small strings of code that are placed in a Web page. Cookies cannot be used to run programs. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time.
The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalise TDAKS pages, or register with the TDAKS.com website or services, the cookie helps TDAKS record your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing aTDAKSresses, shipping aTDAKSresses, and so on. When you return to the same TDAKS website, information you previously provided can be retrieved, so you can easily use the TDAKS features that you customised. You can configure your internet browser (such as Microsoft Internet Explorer, Mozilla Firefox, or Safari) to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browsers instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies, if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the TDAKS services or websites you visit.
Accessing and seeking correction of your personal information
Customers can gain access to or seek the correction of the personal information that TDAKS holds. TDAKS customers have a right to make a reasonable request for access to their personal information and to request its correction. Requests to access or seek to correct your personal information can be made by email to the Privacy Officer at privacy@TDAKS.com or by contacting our Privacy Officer on 0243800647 When we receive such a request, we have the right to ask for and obtain your position title, telephone number and email address in order for you to access and correct personal information.
TDAKS's access to your information
TDAKS staff that will have access to your personal information after it is collected will include:
TDAKS Warehouse personnel
TDAKS staff authorised to access your personal information are trained in compliance with the Act and have access only to carry out the primary purpose (See above).
Third Party Access to your information
The following third party recipients may have access to your personal information for the primary purposes noted above:
Mailing and delivery system providers such as couriers and Australia Post.
Email & newsletter service providers
We may need (or be required) to disclose your personal information to an overseas entity only to the extent to which such disclosure is required to enable us to carry out the primary purpose of processing, fulfilling or the post purchase support of your order. We do not record and therefore will never disclose any financial information such as credit card or bank account details to any overseas entity.
TDAKS may transfer your personal information to an overseas recipient only in circumstances where:
The business service provider is located overseas
We are required to comply with a foreign legal or regulatory request
You have ordered a product provided directly by an International supplier - a Direct Import product.
This may mean that your information is stored on a server located outside of Australia. Any such disclosures will be to providers located in the USA and Asia Pacific (including but not limited to Hong Kong, China and Sri Lanka)
While all care is taken to ensure our overseas providers will handle your information securely, by consenting to this disclosure you acknowledge that:
Overseas recipients may not have the same privacy obligations provided by the APP's and therefore redress options may differ or not be available to you.
Overseas recipients may be subject to foreign laws that require disclosure to an overseas authority.
TDAKS will not be held accountable for any breaches of the APP's by an overseas recipient nor will any redress options apply under the Privacy Act.
Disclosure of personal information to an overseas recipient as required or authorised by law
TDAKS may disclose personal information to an overseas recipient without complying with the APPs where the disclosure is required or authorised by or under an Australian law or a court/tribunal order. Examples of where a law or order may require or authorise disclosure of personal information to an overseas recipient are:
TDAKS disclosing personal information to the government of a foreign country under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth); or
TDAKS disclosing personal information to an overseas recipient under the Australian Federal Police Act 1979 or the Mutual Assistance in Criminal Matters Act 1987 (Cth).
Length of time Personal Information is retained
TDAKS will keep and retain your personal information for such a period of time as is required by Law.
Consequences for you if your personal information is not provided to us
If some or all of the personal information that we request is not provided to us, the main consequence is that we may not be able to fulfil your order or to deliver your products to you. Other consequences may include that we might not be able to resolve any complaint you have against TDAKS.
Using and disclosing personal information for direct marketing
TDAKS may use or disclose personal information about you for the purpose of direct marketing if:
TDAKS collected the information from you;
you would reasonably expect TDAKS to use or disclose the information for that purpose;
TDAKS provides you with an option to 'opt-out' of receiving direct marketing communications from us, and
you have not made such an 'opt-out' request to us.
Requests by you to stop direct marketing communications
If TDAKS uses or discloses your personal information for the purpose of direct marketing, you may request not to receive direct marketing communications from us. TDAKS will not charge you for making or giving effect to your data and we will stop sending direct marketing communications within a reasonable period after your request is made (usually within 1 working day from receiving your request).
You may also ask us to identify the source of the personal information. TDAKS will notify you of the source, unless this is impracticable or unreasonable, which will depend on a number of factors, including:
the consequences for you if you are not notified of the source;
the length of time that has elapsed since the personal information was collected by us;
the time and cost involved.
Destroying or de-identifying personal information
TDAKS will take reasonable steps to destroy or de-identify personal information it holds if it no longer needs the information for any purpose for which it may be used or disclosed under the APPs. The requirement to take reasonable steps to destroy or de-identify does not apply if personal information is contained in a Commonwealth record, or if an Australian law or a court/tribunal order requires it to be retained.
Verifying your identity
TDAKS must be satisfied that a request for personal information made by the individual concerned, or by another person who is authorised to make a request on their behalf, for example, as a legal guardian or authorised agent. It would generally be extremely difficult for TDAKS to deal with an anonymous request for personal information. However, it may be practicable to deal with a pseudonymous request, for example, where you have previously transacted under that pseudonym and can establish your identity as that individual. The steps required for TDAKS to verify your identity will depend on the circumstances. In particular, whether you are already known to or readily identifiable by TDAKS. The minimum amount of personal information needed to establish your identity will be sought. In a telephone call TDAKS may request information that can be checked against records held by us, such as your date of birth or aTDAKSress.
Refusal to give Access
Whilst every effort will be made by TDAKS to provide access in a manner that is as prompt, uncomplicated and inexpensive as possible, TDAKS may refuse to give you access to your personal information. There are a number of grounds upon which TDAKS can refuse to give you access to your personal information. These reasons may include (without limitation):
if TDAKS reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
giving access would have an unreasonable impact on the privacy of other individuals;
the request for access is frivolous or vexatious;
the information relates to existing or anticipated legal proceedings between you and TDAKS, and would not be accessible by the process of discovery in those proceedings;
giving access would reveal the intentions of TDAKS in relation to negotiations with you in such a way as to prejudice those negotiations;
giving access would be unlawful;
denying access is required or authorised by or under an Australian law or a court/tribunal order;
TDAKS has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to TDAKS's functions or activities has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
giving access would reveal evaluative information generated within TDAKS in connection with a commercially sensitive decision making process.
An individual can complain about an alleged breach by TDAKS of the APPs by sending an email to the Privacy Officer at firstname.lastname@example.org setting out details of the complaint. Alternatively, the Privacy Officer can be contacted by sending a letter with details of your complaint to:
The Privacy Officer
PO Box 6129
All complaints are required by the Act to be made in writing to TDAKS and TDAKS is then allowed a reasonable time (usually 30 days) to respond to complaints. We may ask you to participate in a dispute resolution scheme (such as mediation) in order to resolve your complaint. If you refuse to participate in any form of dispute resolution, you can take your complaint to the Office of the Australian Information Commissioner (OAIC) by calling 1300 363 992 or logging on to the OAIC website at: http://www.oaic.gov.au/