Privacy Policy

SECOND HAND MARINE’S PRIVACY STATEMENT

This statement declares the undertakings by Second Hand Marine in relation to its handling of your data.

DATA COLLECTION

Second Hand Marine undertakes to collect your data by means that are:

• fair
• legal
• transparent

If you visit Second Hand Marine’s web-site, your browser automatically discloses, and Second Hand Marine’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 you.

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. The information is used for internal purposes only and helps us determine how to continually improve our site. We contact only those individuals who specifically request that we do so. We will use the information to ; verify access to the site content and your account information, process payments and to service our customers requests.

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 www.secondhandmarine.com.au). This data may or may not be sufficient to identify you.

If you disclose personal data to Second Hand Marine in conjunction with an identifier such as your name or credit-card details, Second Hand Marine will collect your data. Moreover any data that becomes available to Second Hand Marine 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, Second Hand Marine undertakes to collect your data from you and not other parties. This undertaking is qualified as follows: where Second Hand Marine reasonably considers that the protections of its financial interests requires that it gather your data from other sources, or from additional sources.  This applies in particular where Second Hand Marine has a lending exposure to you, and seeks information about your creditworthiness; and
• where Second Hand Marine 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.

DATA SECURITY

Second Hand Marine undertakes to store your data using reasonable steps to protect its security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity. Whilst Second Hand Marine will exercise due care, we cannot ensure your data will never be disclosed as there is no such thing as 'perfect security' on the internet.

Second Hand Marine undertakes to store your data only in jurisdictions where data protections are at least equivalent to those required under the OECD Guidelines.

Second Hand Marine undertakes to transmit your data  using reasonable steps to protect its security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.

Second Hand Marine undertakes to use reasonable measures to protect security of your data against inappropriate behaviour by Second Hand Marine’s staff-members and contractors. Such measures may 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
• Process to audit, to investigate and to impose sanctions.

DATA USE

Use refers to the application of your data by Second Hand Marine, or any staff-member or contractor of Second Hand Marine in the course of their work.

Second Hand Marine undertakes to use your data only for:

• The purpose for which it was collected;
• Such other purposes as are subsequently agreed between Second Hand Marine and You;
• Such additional purposes as may be required by law. In these circumstances, Second Hand Marine 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 authorized by law ( in particular to protect Second Hand Marine’s interests, e.g. if it believes on reasonable grounds that You have failed to fulfill your undertakings to Second Hand Marine or have committed a breach of the law).

Second Hand Marine undertakes to use your data only if it has demonstrable relevance to the particular use to which it is being put.

Second Hand Marine 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 out-of-context.

DATA DISCLOSURE

Disclosure refers to making your data available to any party other than Second Hand Marine and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.

Second Hand Marine undertakes to disclose your data only under the following circumstances:

• In the course of business being conducted between you and Second Hand Marine, where disclosure is necessary to a contractor, such as a transport company. Where your data is disclosed in this way, Second Hand Marine undertakes to exercise reasonable control to make reasonably sure their actions are compliant with these terms;
• in other circumstances that are directly implied by the purpose agreed between you and Second Hand Marine at the time of data collection or subsequently. Where your data is disclosed in this way Second Hand Marine undertakes to exercise reasonable control over its contractors to  make reasonably sure their actions are compliant with these terms;
• with your consent, or at your request;
• where required by law, such as the provision of a statute, or a court order such as a search warrant or sub poena. In these circumstances, Second Hand Marine 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 Second Hand Marine believes on reasonable grounds that the disclosure of your data will materially assist in the protection of the life or health of some person), provided that Second Hand Marine will apply due diligence to ensure that the exercise of the permission is justifiable.

In all cases, Second Hand Marine undertakes to disclose only such of your data as is necessary in the particular circumstances.

DATA RETENTION AND DESTRUCTION

Subject to the qualifications immediately below, Second Hand Marine 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 such in a manner that your data is not subsequently reasonably capable of being recovered.

This undertaking is qualified as follows:

• Your data may be retained in Second Hand Marine’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 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,
• Second Hand Marine:

- will take reasonable steps available to it to communicate to You that your data is being retained, unless if 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 Second Hand Marine’s interests, e.g. if it believes on reasonable grounds that You have failed to fulfill your undertakings to Second Hand Marine or have committed a breach of the criminal law). In these circumstances, Second Hand Marine will only retain your data while that situation is current, and will then destroy your data.

ACCESS BY YOU TO YOUR PERSONAL DATA

Second Hand Marine undertakes to provide you with access to your data, subject to only such conditions and processes as are reasonable in the circumstances. In particular, Second Hand Marine undertakes to enable access:

• conveniently
• without unreasonable delay; and
• without cost

Second Hand Marine 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 Second Hand Marine (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, Second Hand Marine undertakes reasonable steps in relation to the amendment, supplementation or deletion of your data.

You undertake:

• 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 Second Hand Marine to You.

INFORMATION ABOUT DATA-HANDLING PRACTICES

Second Hand Marine undertakes to make information available to you about the manner in which Second Hand Marine 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, Second Hand Marine undertakes to make information available to you on request about the manner in which Second Hand Marine’s contractors handle your data.

Second Hand Marine undertakes to ensure that the information provided is meaningful, and addresses your concerns.

You undertake:

• not to seek such information for frivolous purposes, or unreasonably frequently; and
• to accept that the disclosure of excessive detail may harm the security of your data and Second Hand Marine’s business processes, and may harm Second Hand Marine’s commercial interests.

HANDLING OF ENQUIRIES, GENERAL CONCERNS AND COMPLAINTS

If you have enquiries, general concerns or complaints about these Terms, or about Second Hand Marine’s behavior in relation to these Terms, you undertake:

• to communicate them in the first instance:
  1. to Second Hand Marine only;
  2. in sufficient detail;
  3. through a channel made available by Second Hand Marine for that purpose;

Second Hand Marine undertakes:

• to provide one or more channels for communications to Second Hand Marine, 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 Second Hand Marine’s 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 Second Hand Marine through any Regulator or the Media:

• until and unless Second Hand Marine has had a reasonable opportunity to respond to the initial communication; and
• while Second Hand Marine and you remain conducting a meaningful dialogue about the matter.

ENFORCEMENT

Second Hand Marine declares that its undertakings in these Terms, and the undertakings that You make, 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 Second Hand Marine, in particular the jurisdiction in which you live or in which you performed the relevant acts, and the jurisdiction in which Second Hand Marine is domiciled or performed the relevant acts.

If you wish to discover the relevant laws in any particular jurisdiction, Second Hand Marine draws your attention to the following resources:

• World LII 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:

• International Instruments Relating to Privacy Law
• Privacy Laws of Countries of the World
• Privacy Laws of the Commonwealth of Australia
• Privacy Laws of the States and Territories of Australia
• Privacy International

CHANGES TO THESE PRIVACY UNDERTAKINGS.

Second Hand Marine undertakes:

• not to materially change these Terms in a manner that reduces the protections for your data without reasonable notice;
• 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 organizations;
• 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.

DEFINTIONS

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 Second Hand Marine 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 Second Hand Marine. Consent may be express or implicit, but in either case must be informed and freely-given.

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