The original version of this privacy statement was written by Roger Clarke
and can be found at: http://www.anu.edu.au/people/Roger.Clarke/DV/PST.html
EB Strada's Privacy Statement
This document declares the undertakings by EB Strada in relation to its
handling of Your Data.
EB Strada undertakes to collect Your Data by means that are:
- legal; and
If you visit EB Strada's web-site, your web-browser
automatically discloses, and EB Strada'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
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 EB Strada.com). This data may or may not
be sufficient to identify you.
If you disclose personal data to EB Strada in conjunction with an
identifier such as your name or your credit-card details, EB Strada
will collect Your Data. Moreover, any data that becomes available to
EB Strada 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, EB Strada undertakes to
collect Your Data from you and not from other parties. This
undertaking is qualified as follows:
- where EB Strada reasonably considers that the protection of its
financial interests requires that it gather Your Data from other sources, or
from additional sources. This applies in particular where EB Strada has a
lending exposure to you, and seeks information about your creditworthiness;
- where EB Strada reasonably considers that its capability to deliver
quality services to you will be materially enhanced by gathering Your Data from
other sources. This applies in particular to consumer profile data.
Where EB Strada 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.
EB Strada 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'.
EB Strada undertakes to store Your Data in a manner that
ensures security against unauthorised access, alteration or deletion, at a
level commensurate with its sensitivity.
EB Strada undertakes to store Your Data only in
jurisdictions where data protections are at least equivalent
to those required under the OECD Guidelines.
EB Strada undertakes to transmit Your Data in a manner that
ensures security against unauthorised access, alteration or deletion, at a
level commensurate with its sensitivity.
EB Strada undertakes to implement appropriate measures to ensure
security of Your Data against inappropriate behaviour by EB Strada's
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.
Use refers to the application of Your Data by any part of EB Strada, or
any staff-member or contractor of EB Strada in the course of their work.
EB Strada undertakes to use Your Data only for:
- the purposes for which it was collected;
- such other purposes as are subsequently agreed between
EB Strada and You;
- such additional purposes as may be required by law. In
these circumstances, EB Strada 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 EB Strada's interests, e.g. if it believes on
reasonable grounds that You have failed to fulfil your undertakings to
EB Strada or have committed a breach of the criminal law).
EB Strada undertakes to use Your Data only if it has demonstrable
relevance to the particular use to which it is being put.
EB Strada undertakes to use Your Data 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
Disclosure refers to making Your Data available to any party other than
EB Strada and You. The term disclosure may include many different conditions
of data transfer, including selling, renting, trading, sharing and giving.
EB Strada undertakes to disclose Your Data only under the following
- in the course of business being conducted between You and
EB Strada, where disclosure is necessary to a contractor, such as a
transport company. Where Your Data is disclosed in this way, EB Strada
undertakes to exercise control over EB Strada'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 EB Strada at the time of data collection or
subsequently. Where Your Data is disclosed in this way, EB Strada undertakes
to exercise control over EB Strada'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, EB Strada 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 EB Strada believes on reasonable grounds that the disclosure of
Your Data will materially assist in the protection of the life of health of some
person), provided that EB Strada will apply due diligence to ensure that the
exercise of the permission is justifiable.
In all cases, EB Strada undertakes to disclose only such of Your Data as
is necessary in the particular circumstances.
Retention and Destruction
Subject to the qualifications immediately below, EB Strada 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
This undertaking is qualified as follows:
- Your Data may be retained in EB Strada'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,
- 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 EB Strada's
interests, e.g. if it believes on reasonable grounds that You have failed to
fulfil your undertakings to EB Strada or have committed a breach of the
criminal law). In these circumstances, EB Strada will only retain Your Data
while that situation is current, and will then destroy Your Data.
by You to Your Personal Data
EB Strada undertakes to provide you with access to Your
Data, subject to only such conditions and processes as are reasonable in the
circumstances. In particular, EB Strada undertakes to enable access:
- without unreasonable delay; and
- without cost.
EB Strada 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 EB Strada (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, EB Strada undertakes
to take reasonable steps in relation to the amendment, supplementation
or deletion of Your Data.
- 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 EB Strada to you.
about Data-Handling Practices
EB Strada undertakes to make information available to you about the manner
in which EB Strada 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, EB Strada undertakes to make
information available to you on request about the manner in which EB Strada's
contractors handle your data.
EB Strada undertakes to ensure that the information provided is meaningful,
and addresses your concerns.
- not to seek such information for frivolous purposes, or unreasonably
- to accept that the disclosure of excessive detail may harm the security of
Your Data and EB Strada's business processes, and may harm EB Strada's
of Enquiries, General Concerns and Complaints
If you have enquiries, general concerns, or complaints about these Terms, or
about EB Strada's behaviour in relation to these Terms, you undertake:
- to communicate them in the first instance:
- to EB Strada only;
- in sufficient detail;
- through a channel made available by EB Strada for that purpose;
EB Strada undertakes:
- to provide one or more channels for communications to
EB Strada, 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 EB Strada's reference-code for the
- to promptly provide a response to the communication, in
an appropriate and meaningful manner.
You further undertake to not pursue EB Strada through any
Regulator or the media:
- until and unless EB Strada has had a reasonable opportunity to respond
to the initial communication; and
- while EB Strada and you remain are conducting a meaningful dialogue
about the matter.
EB Strada 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
EB Strada, in particular the jurisdiction in which you live or in which you
performed the relevant acts, and the jurisdiction in which EB Strada is
domiciled or performed the relevant acts.
If you wish to discover the relevant laws in any particular
jurisdiction, EB Strada draws your attention to the following resources:
to These Privacy Undertakings
EB Strada 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.
EB Strada means EB Strada Pty Ltd.
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 EB Strada is
capable of correlating with you, using such means as server-logs and
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
EB Strada. Consent may be express or implicit, but in either case must be
informed and freely-given.