Collective Copies’ Privacy Statement
This document declares the undertakings by Collective Copies in relation to its handling of Your Data.
- Data Collection
- Data Security
- Data Use
- Data Disclosure
- Data Retention and Destruction
- Access by You to Your Personal Data
- Information about Data Handling Practices
- Handling of Enquiries, General Concerns and Complaints
- Changes to These Privacy Undertakings
Collective Copies undertakes to collect Your Data by means that are:
- legal; and
If you visit Collective Copies’ web-site, your web-browser
automatically discloses, and Collective Copies’ 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 Collective Copies.com). This data may or may not be sufficient to identify you.
If you disclose personal data to Collective Copies in conjunction with an identifier such as your name or your credit-card details, Collective Copies will collect Your Data. Moreover, any data that becomes available to Collective Copies 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, Collective Copies undertakes to collect Your Data from you and not from other parties. This undertaking is qualified as follows:
- where Collective Copies reasonably considers that the protection of its
financial interests requires that it gather YourData from other sources, or
from additional sources. This applies in particular where Collective Copies has a
lending exposure to you, and seeks information about your creditworthiness;
- where Collective Copies reasonably considers that its capability to deliver quality services to you will be materially enhanced by gathering YourData from other sources. This applies in particular to consumer profile data.
Where Collective Copies 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.
Collective Copies 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’.
Collective Copies undertakes to store Your Data in a manner that
ensures security against unauthorised access, alteration or deletion, at a
level commensurate with its sensitivity.
Collective Copies undertakes to store Your Data only in jurisdictions where data protections are at least equivalent to those required under the OECD Guidelines.
Collective Copies undertakes to transmit Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.
Collective Copies undertakes to implement appropriate measures to ensure security of Your Data against inappropriate behaviour by Collective Copies’ 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 Collective Copies, or
any staff-member or contractor of Collective Copies in the course of their work.
Collective Copies undertakes to use Your Data only for:
- the purposes for which it was collected;
- such other purposes as are subsequently agreed between Collective Copies and You;
- such additional purposes as may be required by law. In these circumstances, Collective Copies 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 Collective Copies’ interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Collective Copies or have committed a breach of the criminal law).
Collective Copies undertakes to use YourData only if it has demonstrable
relevance to the particular use to which it is being put.
Collective Copies undertakes to use YourData 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 YourData available to any party other than
Collective Copies and You. The term disclosure may include many different conditions
of data transfer, including selling, renting, trading, sharing and giving.
Collective Copies undertakes to disclose Your Data only under the following circumstances:
- in the course of business being conducted between You and
Collective Copies, where disclosure is necessary to a contractor, such as a
transport company. Where Your Data is disclosed in this way, Collective Copies
undertakes to exercise control over Collective Copies’ 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 Collective Copies at the time of data collection or subsequently. Where Your Data is disclosed in this way, Collective Copies undertakes to exercise control over Collective Copies’ 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, Collective Copies 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 Collective Copies believes on reasonable grounds that the disclosure of YourData will materially assist in the protection of the life of health of some person), provided that Collective Copies will apply due diligence to ensure that the exercise of the permission is justifiable.
In all cases, Collective Copies undertakes to disclose only such of Your Data as
is necessary in the particular circumstances.
Subject to the qualifications immediately below, Collective Copies 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 Collective Copies’ 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;
- will take any reasonable steps available to it to communicate to You that
- Your Data may be retained beyond the expiry of its purpose if it is authorised by law (in particular to protect Collective Copies’ interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Collective Copies or have committed a breach of the criminal law). In these circumstances, Collective Copies will only retain Your Data while that situation is current, and will then destroy Your Data.
Collective Copies undertakes to provide you with access to Your
Data, subject to only such conditions and processes as are reasonable in the
circumstances. In particular, Collective Copies undertakes to enable access:
- without unreasonable delay; and
- without cost.
Collective Copies 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 Collective Copies (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, Collective Copies 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 Collective Copies to you.
Collective Copies undertakes to make information available to you about the manner
in which Collective Copies 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, Collective Copies undertakes to make
information available to you on request about the manner in which Collective Copies’
contractors handle your data.
Collective Copies 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 Collective Copies’ business processes, and may harm Collective Copies’ commercial interests.
If you have enquiries, general concerns, or complaints about these Terms, or
about Collective Copies’ behaviour in relation to these Terms, you undertake:
- to communicate them in the first instance:
- to Collective Copies only;
- in sufficient detail;
- through a channel made available by Collective Copies for that purpose;
Collective Copies undertakes:
- to provide one or more channels for communications to
Collective Copies, 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 Collective Copies’ reference-code for the communication;
- to promptly provide a response to the communication, in an appropriate and meaningful manner.
You further undertake to not pursue Collective Copies through any
Regulator or the media:
- until and unless Collective Copies has had a reasonable opportunity to respond
to the initial communication; and
- while Collective Copies and you remain are conducting a meaningful dialogue about the matter.
Collective Copies 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
Collective Copies, in particular the jurisdiction in which you live or in which you
performed the relevant acts, and the jurisdiction in which Collective Copies is
domiciled or performed the relevant acts.
If you wish to discover the relevant laws in any particular
jurisdiction, Collective Copies draws your attention to the following resources:
- WorldLII Privacy Links
- Compilation of [U.S.] State and Federal Privacy Laws, Privacy Journal, Providence RI
- Privacy Law Sourcebook 2004, EPIC, Washington DC
- the Australian Privacy Foundation’s pages:
- Privacy International
Collective Copies 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.
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 Collective Copies is capable of correlating with you, using such means as server-logs and cookie-contents.
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 Collective Copies. Consent may be express or implicit, but in either case must be informed and freely-given.