Privacy Policy

Privacy statement

Welcome to the Privacy Policy of The Daylight Company Pty Ltd (collectively referred to as ”Daylight”, “we”, “us” or “our” in this Privacy Policy).

Daylight respects your privacy and is committed to protecting your personal data. This Privacy Policy will inform you as to how we look after your personal data when you visit our website regardless of where you visit it from and tell you about your privacy rights and how the law protects you.

We recognise and value
• the protection of your personal information; and
• that you have an interest in our collection and use of your personal information.

We have implemented this Privacy Policy in accordance with the Privacy Act 1988 (Cth) (Privacy Act), Australian Privacy Principles (APP) and other data protection rules in order to be open and transparent about how we collect, hold, and use your personal information, and under what circumstances we may disclose or transfer it.

While your privacy is very important to us, nothing in this privacy policy constitutes a voluntary opt in to any privacy laws, anywhere in the world, which we are not statutorily bound to comply with.

1. Important information and who we are
1.1 Purpose of this Privacy Policy
This Privacy Policy aims to give you information on how The Daylight Company Limited collects and processes your personal data through your use of this website.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this Privacy Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
This Privacy Policy supplements other notices and privacy policies and is not intended to override them.

1.2 Controller
The Daylight Company Limited is the controller and responsible for your personal data. If you have any questions about this Privacy Policy, please contact us at [email protected]

1.3 Changes to this Privacy Policy and your duty to inform us of changes
We keep this Privacy Policy under regular review.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

1.4 Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

2. The data we collect about you
2.1 Types of data
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier and title.

• Contact Data includes billing address, delivery address, email address and telephone numbers.

• Financial Data includes bank account and payment card details.

• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

• Usage Data includes information about how you use our website, products and services.

• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy

We do not collect any Special Categories of Personal Data about you. This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data. Nor do we collect any information about criminal convictions and offences.

2.2 If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you to sell products to you. In this case, we may have to cancel a contract you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?
We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• Subscribe to our newsletter;

• Request marketing to be sent to you;

• Enter a competition, promotion or survey; or

• Give us feedback or contact us.

• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.

• Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:

• Technical Data from the following parties:

• analytics providers;

• advertising networks; and

• search information providers.

• Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

• Identity and Contact Data from data brokers or aggregators.

• Identity and Contact Data from publicly available sources.

4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.

• Where it is necessary for our legitimate interests or those of a third party and your interests and fundamental rights do not override those interests.

• Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

5. Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.

 

6. Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

7. Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods from us and you have not opted out of receiving that marketing.

8. Third party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

9. Opting out
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out link on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product purchase, warranty registration, product experience or other transactions.

10. Cookies
We use small text files called cookies which are placed on your hard drives to assist in personalising and enriching your browsing experience by displaying content that is more likely to be relevant and of interest to you.

The use of cookies is now standard operating procedure for most websites. However, if you are uncomfortable with the use of cookies, most browser now permit users to opt-out of receiving them. You may find other functionality in the website impaired if you disable cookies. After termination of the visit to our site, you can always delete the cookie from your system if you wish.

We use traffic log cookies to identify which pages are visited. This helps us to analyse web pages traffic data and improve our website experience. The data is used for statistical analysis only.

Cookies do not give us access to your computer or any personal information.

11. Third Party Cookies
In some cases, third parties may place cookies through this site. For example:

(a) Google Analytics, one of the most widespread and trusted website analytics solutions, may use cookies de-identified data about how long users spend on this site and the pages that they visit;
(b) Google AdSense, one of the most widespread and trusted website advertising solutions, may use cookies to serve more relevant advertisements across the web and limit the number of times that a particular advertisement is shown to you; and
(c) third party social media applications (eg, Facebook, Twitter, LinkedIn, Pinterest, YouTube, Instagram, etc) may use cookies in order to facilitate various social media buttons and/or plugins in this site. Log files track actions occurring on the websites, and collect data including your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps.

12. Our use of Google Analytics
In the case of Google Analytics information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.
By using this website, you consent to the processing of data about you by Google in the manner described in Google’s Privacy Policy and for the purposes set out above. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.

13. Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

14. Disclosures of your personal data
We may share your personal data with the parties set out below for the purposes set out in the table in chapter 5. Purposes for which we will use your personal data, above.

• Internal Third Parties as set out in Chapter 10. Glossary.

• External Third Parties as set out in Chapter 10. Glossary.

• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

15. International transfers
We may disclose your personal information third party contractors, service providers or customers with whom we have a business association.
While we do not otherwise actively disclose your personal information to overseas entities (unless provided for in a separate agreement with you), we do engage service providers (such as cloud data services or communications providers) who may have international data centres, hardware and disaster recovery sites. Consequently, these providers may have access to your information.

We rely solely on reputable organisations for such cloud services.

We may transfer your personal data outside Australia, including to the European Economic Area (EEA).

16. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know.

They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We will notify you and any applicable regulator of any suspected personal data breach where we are legally required to do so.

17. Data retention
How long will we retain your personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we must keep basic information about our customers including Contact, Identity, Financial and Transaction Data for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see Chapter 17 – Your Legal Rights below for further information.

In some circumstances we will anonymise your personal data so that it can no longer be associated with you for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

18. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please refer to the Chapter 10. Glossary to find out more about these rights:

• Request access to your personal data

• Request correction of your personal data

• Request erasure of your personal data

• Object to processing of your personal data

• Request restriction of processing your personal data

• Request transfer of your personal data

• Right to withdraw consent

If you wish to exercise any of the rights set out above, please contact us at [email protected].

18.1 A fee might be charged
We may charge a reasonable fee if your request to access your personal data (or to exercise any of the other rights) is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in such circumstances.

18.2 What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data or to exercise any of your other rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

18.3 Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

19. Glossary
19.1 Terms
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best product and the best and most secure experience. We make sure we consider and balance any potential impact on you both positive and negative and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you, unless we have your consent or are otherwise required or permitted to by law. You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

19.2 Third Parties
Internal Third Parties
The Daylight Company Limited is part of The Daylight Company (Holdings) Limited UK group of companies. Other companies in the group based in China, United States of America and Australia act as joint controllers or processors and provide IT and systems administration services and undertake leadership reporting.

External Third Parties
• Service providers acting as processors who provide IT services, system administration services and warehousing & logistic services.
• Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based who require reporting of processing activities in certain circumstances.
• Employees;
• Law enforcement agencies to assist in the investigation and prevention of criminal activities;
• Credit-reporting and fraud-checking agencies;
• Credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
• Government and regulatory authorities and other organisations, as required or authorised by law;
• Organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
• Third party contractors or service providers with whom we have a business association, including:
(i) integration providers;
(ii) marketing service providers;
(iii) accounting service providers; and
(iv) information technology service providers including cloud application providers.

19.3 Your legal rights
You have the right to:

(a) Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

(b) Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

(c) Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

(d) Object to processing of your personal data where we are relying on a legitimate interest or those of a third party and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

(e) Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
(i) If you want us to establish the data’s accuracy.

(ii) Where our use of the data is unlawful but you do not want us to erase it.

(iii) Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.

(iv) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

(f) Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

(g) Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Upon your request and after satisfying ourselves of your identity, we will provide access to your personal information we hold except in certain prescribed circumstances which include, where:

(h) we believe giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;

(i) giving you access would be unlawful;

(j) granting that access would have an unreasonable impact on the privacy of other individuals;

(k) we would be in breach of our obligations under a Technical Assistance Notice (TAN), Technical Capability Notice (TCN) or Computer Access Warrant (CAW) from an Australian Government agency;

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

(m) there are anticipated legal proceedings.

We will amend any personal information about you that is held by us and that is inaccurate, incomplete or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.

20. Third Party Websites
You may click-through to third party websites from this site, in which case we recommend that you refer to the privacy statement of the websites you visit. This Privacy Policy applies to this site only and we assume no responsibility for the content of any third party websites.

21. GDPR
We welcome the General Data Protection Regulation (GDPR) of the European Union (EU) as an important step forward in streamlining data protection globally. Although The Daylight Company Pty Ltd does not operate an establishment within the EU via the Australian company and we do not target our services towards clients in the EU specifically, we intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.

21.1 GDPR Rights
The requirements of the GDPR are broadly similar to those set out in the Privacy Act and include the following rights:

(a) you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;
(b) you may also have a right to:
(i) have that information rectified or deleted;
(ii) restrict our processing of that information;
(iii) stop unauthorised transfers of your personal information to a third party;
(iv) in some circumstances, have that information transferred to another organisation; and
(v) lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
(vi) where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.

If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:

(c) such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other clients subject to appropriate confidentiality protections; and
(d) even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
(i) to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms or interests; and
(ii) in exercising and defending our legal rights and meeting our legal and regulatory obligations.

22. Compliance with Australian Assistance and Access Legislation
The laws have recently changed here in Australia to compel companies to share data with Australian intelligence agencies and law enforcement, or build in data sharing mechanisms which may report directly to these agencies. While we endeavour to protect your data and our technology from vulnerabilities wherever possible, we can’t break the law, nor can we inform you when we’ve been issued with a notice under the new legislation.

By using our platform or website, you expressly release and indemnify us from any liability to you which arises from sharing data or building data sharing mechanisms (including ‘back-doors’ and vulnerabilities) into our technology at the direction of Australian Government and its agencies, including where those mechanisms are later exploited by a third party.

23. User Security
New digital threats are emerging all the time, and the online environment is more hostile than ever. To protect your data online, including any data or material transmitted by you to us, we recommend reading, implementing and observing any relevant procedures and safety tips recommended by the Department of Industry, Innovation and Science (see – https://www.business.gov.au/Risk-management/Cyber-Security) and the Australian Cyber Security Centre (see – https://www.acsc.gov.au/ and https://cyber.gov.au) from time to time.

24. Complaints procedure
Your privacy is important to us. If you have a complaint or concerns about our information handling processes as they relate to your personal information, we ask that you first contact our privacy officer whose contact details are listed below.

If, after we have conducted our investigations you are still not satisfied then we ask you consult with:

The Office of the Australian Information Privacy Commissioner
GPO Box 5218
Sydney NSW 2001
Telephone: 1300 363 992
Email: [email protected]

25. How to contact us
If you have any queries, questions, concerns or wish to make a complaint regarding how we deal with your personal information please contact us:

Privacy Officer
The Daylight Company
PO Box 667
ASPLEY QLD 4013
Australia
Telephone: +61 07 3283 3092
Email: [email protected]

26. Amendments to the Privacy Policy
We are obligated to regularly review and update this policy. We therefore reserve the right to amend this Privacy Policy at any time. Should any significant amendments occur, notification will be provided on the website after the changes have been made. Your continued use after you receive the notification indicates your consent to be bound by the amended Privacy Policy.

For further information about privacy in general, please refer to the Office of the Australian Information Commissioner’s website located at http://www.oaic.gov.au .
Alternatively, please contact our Privacy Officer using the details provided above.

Last amendment date: 27 September 2019.