Privacy Policy

Neak Product Pty Ltd T/A Neak Products ACN 644 722 270 (Neak) takes your privacy seriously and is committed to responsible privacy practices.

Neak seeks to comply with relevant laws, including the Privacy Act 1988 (Cth) (Privacy Act) and the EU General Data Protection Regulation (GDPR), where applicable.

This policy describes how Neak manages your personal information including details of what types of personal information Neak collects, how Neak collects your personal information, the purposes for which Neak uses your personal information and to whom your personal information is disclosed.

In this policy “personal information” has the meaning set out in the Privacy Act. Essentially, personal information is information or an opinion about an individual who is reasonably identifiable.

The types of personal information Neak collects about you will depend on the purpose for which the information is collected. Neak may collect the following types of personal information:

• first name and last name;
• contact information; and
• email address.

Neak also collects general analytics and other technical information (such as your IP address, device type, unique device identification numbers, browser types, Internet Service Provider details, geolocation data, browsing preferences, searches, and usage of Neak’s websites or products) arising from your use of Neak’s websites or products.

In addition to the types of personal information identified above, Neak may collect personal information as otherwise permitted or required by law.

Often Neak will collect your personal information directly from you, including when you:

• use Neak’s website, products or services;
• apply to work with Neak or are engaged by Neak as a contractor;
• communicate with Neak by email, by telephone, in person, via a website or otherwise.

In some cases Neak may also collect personal information from:

• publicly available sources;
• entities with which Neak conducts business; and
• other third parties (for example, from referees if you apply for a position as an employee or contractor with us).

Neak uses cookies and similar technologies to recognise you and/or your devices across our website, products or services. You can control your cookie preferences using the consent box when you first visit our website or at any time through your internet browser cookie settings.

Why do we collect, use and disclose personal information?

In general Neak collects, uses and discloses your personal information for purposes connected with its business operations.

Neak will only collect, use, and disclose personal information about you if it has lawful basis to do so, for example:

• where you have given Neak your consent;
• where processing of your personal information is necessary for the performance of a contract with you;
• to meet Neak’s legal obligations; and
• to pursue Neak’s legitimate business interests.

Neak may use or disclose your personal information:

• for the purposes for which Neak collected it (and related purposes which would be reasonably expected by you);
• for other purposes to which you have consented; and
• as otherwise authorised or required by law.

Some of the specific purposes for which Neak collects, uses and discloses personal information are as follows:

• to provide its products and services to its users;
• to enable the proper operation and functionality of its products and services;
• to improve its products and services;
• to verify your identity (for example, if you request access to the personal information Neak holds about you);
• to consider you for a job at Neak (whether as an employee or contractor) or other relationships with Neak;
• to provide goods or services to you or to receive goods or services from you;
• to address any issues or complaints that Neak has or you have regarding our relationship;
• to comply with its legal obligations;
• to develop and improve the quality of its websites and products and customise its websites and products according to your preferences, tailor search results, and show relevant advertising;
• for direct marketing purposes (see the “Direct marketing” section below); and
• to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.

If Neak is unable to collect your personal information then Neak may not be able to provide you with the products, services and opportunities that depend on the collection of that information.

Neak may disclose your personal information to third parties in connection with the purposes described above.

This may include disclosing your personal information to the following types of third parties:

• its related companies;
• any potential third-party acquirer of Neak or its business or assets, and advisors to that third-party;
• its professional advisers (such as lawyers, accountants or auditors) and insurers;
• its employees, contractors and third party service providers who assist Neak in performing its functions and activities e.g. payment systems operators and financial institutions, cloud service providers, data storage providers, telecommunications providers and IT support services providers;
• organisations authorised by Neak to conduct promotional, research or marketing activities;
• third parties to whom you have authorised Neak to disclose your information (e.g. referees); and
• any other person as required or permitted by law.

Neak does not sell or otherwise distribute your information to third parties.

If Neak discloses your personal information to third parties it will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose of disclosure and in a manner consistent with applicable laws, for example by (where commercially practical) including suitable privacy and confidentiality clauses in Neak’s agreement with a third party service provider to which Neak discloses your personal information.

If Neak receives a request or demand for personal information from a regulatory body which on its face appears to be valid and lawful, Neak is under no obligation to:

• withhold any personal information or related data, documentation or records from any regulatory body with apparent authority to seek delivery or access to such data; or
• refuse to provide any such regulatory body with access to such data data, documentation or records.

Neak stores personal information in servers located in Australia. However, Neak may disclose your personal information to overseas recipients, such as to subscribers, re-sellers and service providers, in order to provide its products and services and to obtain services. Such overseas recipients may be located in a large number of different countries which are likely to include the UK, USA, China, Singapore and various EU countries and New Zealand. It is not practical for Neak to list every country where such overseas recipients may be located.

Except where an exception applies under the Privacy Act or other relevant legislation, Neak will take reasonable steps to ensure that overseas recipients to whom Neak discloses personal information do not breach the Australian Privacy Principles stated in the Privacy Act, and any other relevant legislation relating to privacy and data security, in relation to such information.

Neak engages service providers to store your personal information, including WordPress and Woo-commerce. Neak recommends that you review these companies’ privacy policies to understand how they use and store your personal information.

Neak will take reasonable steps to keep any personal information it holds about you secure.

However, you acknowledge that the security of personal information transmitted over the internet cannot be guaranteed. Neak cannot guarantee that any personal information you disclose to Neak will not become publicly available. Except to the extent liability cannot be excluded due to the operation of statute, Neak excludes all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information.

Nothing in this policy restricts, excludes or modifies or purports to restrict, exclude or modify Neak’s obligations under the Privacy Act and any other applicable legislation or any statutory consumer rights you may have under any applicable law including the Competition and Consumer Act 2010 (Cth).

Please notify Neak immediately if you become aware of any breach of security.

Neak will keep and maintain a backup copy of data stored or processed through our systems. You should keep and maintain separate back up copy of all data stored or processed through our systems for your own internal use.

You acknowledge and agree that Neak is a processor of any personal information included in the data provided by you to us, and you are the controller of that personal information. Neak will only process the personal data on documented instructions from you or any third party from which your personal information has been obtained.

Neak may use and disclose your personal information for the purpose of direct marketing to you if:

• you have consented to Neak doing so; or
• it is otherwise permitted by law.

Direct marketing involves communicating directly with you for the purpose of promoting goods or services to you. Direct marketing can be delivered by a range of methods including mail, telephone, email or SMS. You can unsubscribe from Neak’s direct marketing, or change your contact preferences, by contacting Neak (see the “How to contact us” section below).

Generally, Neak will retain your personal information for the period necessary for the purposes for which your personal information was collected (as outlined in this policy) unless a longer retention period is required by law.

This means that Neak will store your personal information for the following periods:

• if your personal information is provided to Neak by a subscriber or re-seller: only for so long as Neak requires it for the purpose of its agreement with the subscriber or re-seller;
• if you unsuccessfully apply for a job at Neak (whether as an employee or contractor): up to 6 months;
• if you work at Neak (whether as an employee or contractor): up to 6 years after you cease working with Neak;
• if Neak processes your personal information in connection with you being a supplier to Neak (or an employee or contractor of a supplier) or in connection with you being a subscriber or re-seller (or an employee or contractor of a subscriber or re-seller): up to 6 years from your last interaction with Neak; and
• if Neak processes your personal information for direct marketing purposes or processes your personal information based on your consent, Neak may process the information until you ask Neak to stop and for a short period after that (to allow Neak to implement your request). Neak will indefinitely keep a record of the fact that you have asked Neak not to send you direct marketing or to process your information so that Neak can respect your request in future.

Neak may retain your personal information for a longer period of time if it is reasonably necessary to comply with Neak’s legal obligations, resolve a dispute or maintain security.

When personal information is no longer required, Neak will take reasonable steps to delete the personal information from Neak’s systems or de-identify the personal information.

How you can seek to access and correct personal information we hold about you:

You may seek access to personal information Neak holds about you by contacting Neak as described in the “How to contact us” section below.

Neak will provide access to that information in accordance with applicable legal requirements, subject to certain exemptions which may apply. Neak may require that the person requesting access provide suitable identification and where permitted by law Neak may charge a fee for giving access to your personal information.

If the personal information was provided to Neak by any of Neak’s subscribers or re-sellers, Neak may advise the relevant subscribers or re-sellers of your request and liaise with them about it.

If you become aware that any personal information Neak holds about you is incorrect or if you wish to update your information, please contact Neak as described in the “How to contact us” section below.

You may make a privacy complaint in relation to personal information Neak holds about you by contacting Neak as described in the “How to contact us” section below.

If you make a privacy complaint, Neak’s Data Protection Officer or another suitable staff member of Neak will investigate the matter and attempt to resolve it as soon as reasonably possible.

If you consider your privacy concerns have not been resolved satisfactorily by Neak, or you wish to obtain more information on privacy requirements:

• you can contact the Office of the Australian Information Commissioner on 1300 363 992 or visit their website at www.oaic.gov.au; and
• if you are located in the European Union you can contact your local data protection authority: https://edpb.europa.eu/edpb_en.

If you are located in the European Union, you may have the following rights:

• The right to access, rectify or update the personal information Neak holds about you.
• The right to request erasure of personal information Neak holds about you, for example if the personal information is no longer necessary to provide services to you.
• The right to require Neak to stop using all or some of your personal information (for example, if Neak no longer has a legal right to keep using it) or to restrict its use of your personal information (for example, if you consider that the personal information Neak holds about you is inaccurate or if it is unlawfully held).
• The right to data portability. In some circumstances you have the right to be provided with a copy of the personal information Neak has about you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You may withdraw your consent at any time where Neak relied on your consent to process your personal information.

Neak may ask you to provide suitable identification when you seek to exercise any of these rights.

Where local laws allow for an exemption to compliance with certain legal obligations (for example, the employee records exemption in Australia), Neak may rely on such an exemption.

This policy will not apply to the extent that it is inconsistent with any applicable law.

Neak may change this policy from time to time at its discretion. This policy was last updated in February 2021. If Neak makes further updates to this policy, Neak will post the amended policy on its websites. Your continued dealings with Neak, for example use of its websites, products or services, will signify your agreement to this policy as amended.

If you have a query, concern or complaint about the manner in which your personal information has been collected or handled by Neak or would like to request access to or correction of the personal information Neak holds about you please contact Neak’s Data Protection Officer via email to info@neakproducts.com.