(a) This website and the services sold on, or via, this website elekktra.co (Website) is created, operated and controlled by elekktra.co Pty Ltd (ABN 11 630 518 848) (we, us or our).
(b) We are committed to ensuring your personal information is protected. We manage your personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act) and the General Data Protection Regulation (EU 2016/679) (GDPR), which applies across the European Union (collectively, Privacy Laws).
2. The information we collect about you
2.1. Personal Information
(a) We will only collect and hold Personal Information about you that is reasonably necessary to undertake our business activities and functions, deliver our products and services to you, or as otherwise permitted by law.
(b) The type of Personal Information that we collect and use depends on the type of dealings that you have with us and includes the following:
(i) contact details (for example, full name, address, DOB, mobile and telephone numbers and email address);
(ii) information relating to your dealings, or enquiries you have made, with us, including information about the products or services you have ordered;
(iii) credit card, payment, and billing information;
(iv) logins, usernames, passwords when required to be generated in the event you need new credentials when subscribed to, or use the services advertised on, or via, the Website;
(v) personal profiles, personal descriptions and biographies;
(vi) photographs, videos and film clips;
(vii) information regarding your access and use of our Website, including location information, IP address and any third party websites you access;
(viii) information that may be provided or collect in the course of our dealings or relationship with you; and
(ix) information provided for the purposes of providing advertisement services as an advertiser (Advertiser) on, or via, the Website.
2.2. Sensitive Information
We may collect information about you which is sensitive information or sensitive personal data (as defined by the Privacy Law) (collectively, Sensitive Information) such as information or opinions about an Advertisers sexual preferences or other such private information.
3. How we collect Personal Information
3.1. Direct collection from you
(a) We will collect Personal Information about you in a number of different ways. We may collect Personal Information directly from you or in the course of our dealings with you. For example, when you:
(i) contact and correspond with us (for example, when you participate in a promotion, competition, or when you subscribe, or use our services, or when you contact us by telephone or email);
(ii) when you subscribe to, or use services on, or via, the Website;
(iii) visit our Website (including via cookies), contact us online, or via telephone with a query or request or make a comment on our social media sites;
(iv) provide Personal Information to third parties when you visit our Website (including to our related bodies corporate, business partners and internet service providers, social media and networking websites or channels);
(v) when otherwise legally authorised or required to do so.
3.2. Collection from third parties
(a) We may also collect Personal Information about you from publicly available sources and third parties, including:
(i) from third parties (including our related bodies corporate, business partners and internet service providers, social media and networking websites or channels); or
(ii) if you use our social media sites;
(b) When we collect your Personal Information from third parties, we will take reasonable steps to make sure you are aware of the collection.
(c) If you provide us with Personal Information about another individual (as their authorised representative), we will not be able to provide our services to the authorised representative:
(i) our services are exclusively available for personnel who are independent adult providers; and
(ii) we do not offer our services to brothels, escort agencies, adult service providers who are represented by third parties.
(iii) we hold the right to immediately cease any accounts which are found to be affiliated with the above mentioned.
3.3. Third party payment processor
3.4. Data Processor
For the purposes of the GDPR:
(a) you appoint us as a Controller to collect, process, use, share, store, disclose, retrieve, alter and destroy your Personal Information in accordance with this policy;
(b) you authorise us to use Processors, provided that:
(i) we provide the names of all sub-processors to you on request;
(ii) we sign a written agreement with each sub-processor that imposes obligations on that sub-processor that are no less stringent than those required of us under the GDPR;
(iii) we are not relieved of any of our obligations under this policy by engaging sub-processors; and
(iv) where we intend to add or replace a Processor, it will provide you the opportunity to object to such changes.
(c) Controller means a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Information; and
(d) Processor means a natural or legal person, public authority, agency or other body which processes Personal Information on behalf of the Controller.
4. Legal basis for processing personal information (EU Only)
We rely on several legal bases under the GDPR to collect, process, store, use and disclose the personal information of individuals residing in the European Union (EU), including:
(a) where you have freely and expressly consented to the collection, use, storage, processing and disclosure of your Personal Information for a specific purpose. The provision of Personal Information to us is voluntary. However, if you do not provide your Personal Information to us, we may not be able to provide you with access to, and use of, our services available on, or via, the Website. You may withdraw your consent at any time by contacting us using the details below;
(b) where the collection, use, storage, processing and disclosure of your Personal Information is necessary for the performance of a contract to which you are a party. For example, when collection and use is necessary to fulfil our obligations to provide you with access to, and use of our services;
(c) for our legitimate business interests, including, but not limited to:
(i) providing, operating and improving our services or Website;
(ii) marketing new promotions, deals, competitions, services or features of the Website provided by us or our Authorised Affiliates (see below) that we consider may interest or benefit you;
(iii) managing, analysing, understanding and developing our relationship with you;
(iv) responding to your queries or complaints (such as when you submit a question via email); and
(d) where there is a legal obligation to collect, use, store, process or disclose your Personal Information. For example, we may be obliged to disclose your personal information by reason of any applicable law, regulation or court order and/or to protect our interests and legal rights, or the public interest.
5. How we use your Personal Information
5.1. Purposes of use and disclosure
(a) We only use, process and disclose your Personal Information for the purposes for which it is collected.
(b) In particular, we use, process and disclose your Personal Information to:
(i) providing or delivering our services to you, including, without limitation, to provide you with access to, and use of, our Website;
(ii) assisting with, or responding to, your queries;
(iii) informing you about our Website, services, offers, promotions, events, sweepstakes, or other matters which we believe are of interest to you (such as recruitment or job opportunities);
(iv) share with our Authorised Affiliates;
(v) administer, improve and manage our services, Website (including customising the advertising and content on our website), and relationship with you;
(vi) charge and bill you for our services, including managing your Direct Debt Authority;
(vii) verifying your identity;
(viii) for internal record keeping;
(ix) for direct marketing purposes (see section 6 below); and
(x) comply with our legal and regulatory obligations.
(c) In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, and will provide notification of such an event to you.
5.2. Disclosure to Authorised Affiliates
(a) In order to provide or deliver our products or services to you we may disclose your Personal Information to:
(i) our related bodies corporate, business partners, internet service providers, third party contractors, agents or suppliers;
(ii) our employees, contractors, agents and service providers;
(iii) authorised external service providers who perform functions on our behalf, such as financial and credit card institutions, marketing, advertising agencies;
(iv) external business advisors, such as auditors, lawyers, insurers and financiers,
(collectively, Authorised Affiliates).
(b) We may also disclose your Personal Information:
(i) to any other party with your consent and direction;
(ii) to law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law; or
(iii) where we consider necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.
(b) When we disclose your Personal Information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. These Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.
(c) Our Authorised Affiliates may also provide us with Personal Information collected from you. If you disclose Personal Information to an Authorised Affiliates, we rely on you to provide the Authorised Affiliates with consent for us to collect, storage, use, process, alter and disclose your Personal Information.
(a) We will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your written consent, unless:
(i) we are otherwise required by the relevant Privacy Laws;
(ii) we are permitted to under this Policy; or
(iii) such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the Website.
(b) This policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.
6. Direct marketing
6.1. Your consent
(a) By providing us with your Personal Information, you consent to receiving information about promotions, deals, competitions in relation to our services, and to the use of your Personal Information for the purposes of direct marketing.
(b) These communications may continue, even after you stop using our products or services.
6.2. Communication channels
(a) We may send this information to you via the communication channels specified at the time you provide your consent.
(b) These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying advertising on our Website.
(a) You can opt out of receiving these communications by:
(i) contacting us using the details below; or
(ii) using the unsubscribe function in the email or SMS.
(b) You may re-subscribe at any time by re-registering via the Website.
7. Notifiable Data Breaches Scheme
In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach scheme contained in Part IIIC of the Privacy Act.
8. Storage and security
8.1. Protecting your Personal Information
(a) We take reasonable steps in the circumstances to keep your Personal Information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your personal information.
(b) Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information.
(c) Wherever possible, we procure that Authorised Affiliates who have access to your Personal Information take reasonable steps to:
(i) protect and maintain the security of your Personal Information; and
(ii) comply with the relevant APPs, and where required the GDPR, when accessing and using your Personal Information.
8.2. No guarantee
(a) The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information, we cannot guarantee the security of any Personal Information transmitted on, or via, the Website.
(b) You provide your Personal Information to us at your own risk and we are not responsible for any unauthorised access to, and disclosure of, your Personal Information.
8.3. Destruction of personal information
We will destroy or de-identify Personal Information in circumstances where it is no longer required, or after the cessation of a 12-month period of you not using our services (including the Website) whichever is later, unless we are required or authorised by law to retain the information.
8.4. Suspected data security
In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate, prevent, mitigate and notify you and:
(a) (Australia) the Office of the Australian Information Commissioner; or
(b) (EU only) supervisory authority in the country in which you reside which has responsibility for privacy and data protection.
9. Links to other sites from the Website
(a) The Website may contain hyperlinks or banner advertising to or from third-party websites.
(b) We do not endorse any of these third parties, their services, or the content on these websites.
(c) These websites are not subject to our privacy standards, policies and procedures. Therefore, we recommend that you make your own enquires about their privacy practices.
(d) We are in no way responsible for the privacy practices or content of these third-party websites.
10. Cookies policy
(a) We may collect information when you access and use the Website by utilising features and technologies of your internet browser, including cookies. A cookie is a piece of data that enables us to track and target your preferences.
(b) The type of information we collect may include statistical information, details of your operating system, location, your internet protocol (IP) address, the date and time of your visit, the pages that you have accessed, the links which you have clicked and the type of browser that you were using.
(i) enable us to identify you as a return user and personalise and enhance your experience and use of the Website; and
(ii) help us improve our services to you when you access the Website and to ensure that the Website remains easy to use and navigate.
(d) Most browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or warn you before accepting cookies.
(e) If you reject our cookies or similar technologies, you may still use the Website, but may only have limited functionality of the Website.
(f) We may also use your IP address to analyse trends, administer the Website and other websites we operate, track traffic patterns and gather demographic information.
(g) Your IP address and other personal information may be used for credit fraud protection and risk reduction.
11. Your rights in relation to privacy
11.1. Privacy rights (EU only)
(a) Under the GDPR, you have a number of important rights. Subject to certain exceptions, you have the right to:
(i) fair and transparent processing of your Personal Information and processing in accordance with the GDPR;
(ii) require us to rectify or correct any Personal Information we hold about you that is inaccurate or incomplete;
(iii) require us to erase your Personal Information in certain situations;
(iv) obtain a copy of your Personal Information in a commonly used electronic format so that you can manage and move it, or request we send it to a third party;
(v) object or withdraw your consent at any time to the collection, use, processing or disclosure of your Personal Information (including for direct marketing purposes). In such a situation we will cease processing your Personal Information unless there is a legal bases for us to continue to collect, use, process or disclosure your Personal Information. In this scenario, you must also immediately cease using our Website;
(vi) object to decisions being made by automated means which produce legal effects concerning you or significantly affecting you; or
(vii) otherwise restrict our collection, use, processing or disclosure of your Personal Information in certain circumstances.
(b) Where you exercise your right to impose a restriction on the use, disclosure, processing of your Personal Information in accordance with this clause, your Personal Information will only be used, processed, and disclosed with your consent.
(c) You can exercise any of these rights by contacting us using the details below.
11.2. Access rights
(a) We will use our reasonable endeavours to keep your Personal Information accurate, up-to-date and complete.
(b) You have the right to access any Personal Information we hold about you, subject to some exceptions provided by relevant Privacy Laws.
(c) You can access, or request that we correct, your Personal Information by writing to us using the details below. We may require proof of identity.
(d) If we do not allow you to access any part of your Personal Information, we will tell you why in writing.
(e) We will not charge you for requesting access to your Personal Information but may charge you for our reasonable costs in supplying you with access to this information.
(f) We will endeavour to respond to your request for access or correction within 1 month from your request.
(g) Personal Information will be given to you in a structured, commonly used, machine readable format.
12. Privacy complaints
(b) We will review your complaint, respond to you within a reasonable period of time to acknowledge your complaint, and inform you of the next steps we will take in resolving your complaint. At all times, we will treat your privacy complaint seriously and in a confidential manner.
(c) If you are unhappy with a response that you have received from us, you may direct your complaint to the Office of the Australian Information Commissioner. If however, you reside in the European Union, you may make a complaint to the supervisory authority in the country in which you reside which has responsibility for privacy and data protection.