Privacy Statement

Introduction

As the operator of this website, we hold in the highest regard integrity in data protection and safekeeping the privacy of the information of visitors to our site. We recognise that your privacy is very important to you and we are committed to safeguarding it.

We ask that you read this Privacy Policy carefully as it explains who we are, how we handle your personal data, and your privacy rights. Your use of our website constitutes an acknowledgment that you have read and understood this Privacy Policy.

Who we are

We are at111 Pty Ltd, the registrant of the domain name www.sergebenhayon.tv and the operator of this website. We collect, use and are responsible for certain personal information about you. You are able to choose to subscribe to a newsletter or updates from us and we require a valid email address if you wish to do so. You are not required to subscribe.

We are based in Australia and subject to Australian laws, including the Privacy Act 1988 (Cth). Where applicable, we also comply with the European Union General Data Protection Regulation (GDPR). We are bound by, and are committed to abiding by, Australia’s Privacy Act 1988 and Spam Act 2003 in relation to electronic direct marketing.

Scope

This notice applies to the collection and processing of your personal information by us or on our behalf and tells you how we collect and process your personal information, the legal basis for processing it, what we use it for, and who we share it with. It also explains the rights you have in relation to the processing of your personal information. This website is for adults over the age of 18 years; it is not intended for children and we do not knowingly collect data relating to children.

Contact Us

We welcome your feedback. Please contact us if you have any questions or comments about this Privacy Policy or our privacy policies, or if you wish to exercise the rights you have under applicable privacy laws, which are explained further below.

You can contact us by using the Contact page of this website or by sending an email to , where you can add “Privacy matter” in the subject line.

What personal information do we collect and use?

When you visit our website, or interact with us, we may collect personal information about you as follows.  We only collect personal information necessary for the operation of this site and related services, including responding to your enquiries:

1. If you choose to use the Contact form on our website, your contact details, including your name and email address, and including any personal details you choose to include in your message to us.
2. Technical data (such as IP address, browser type and device information) associated with web-browsing, cookie data and the date and time of website visits, plus other data for analytical purposes.
3. Any third-party website from which you linked to our website.
4. Any other personal information you provide to us in relation to the website.

We may also collect other information relating to your use of our website, as detailed in section 18, below.

How do we collect your information?

We collect personal information in a variety of ways.

These include from you directly, including when you interact with us in writing, electronically and when you visit our website, webpages or use our applications (including when you submit a contact request form via the Contact page or choose to subscribe to updates from our site).

Can you opt out of providing personal information?

If you do not want us to collect or use your personal information for a specific purpose, you should let us know accordingly via the Contact page and we will use reasonable measures to observe your request. However, if you were to do so, this may result in you not being able to access, or use, all or part of our website or the services offered.

If you do not want to provide personal information to us, you can avoid providing it to us by not using this website or subscribing to the newsletters, or by not sending us any Contact request using our web form. Content on our site can be accessed by you without providing your name and email address or other personal details. However, browsing our site technical data associated with web browsing is collected in accordance with section 5.2, above.

If personal information has been collected, we may still use or disclose that information:

1. if we subsequently notify you of the intended disclosure and you do not object to that use or disclosure;
2. if we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions;
3. to enforce our terms and conditions or to protect our rights;
4. to protect the safety of members of the public and users of our website; or
5. if we are required by law to disclose the information.

We are not responsible for the content of what you include on a request via our Contact form and we recommend you do not provide any sensitive information to us.

How do we use personal information we collect?

Your privacy is respected, and we do not sell, rent or trade your personal information.

If you provide personal information to us for the purposes of subscribing to our website, or by using our Contact form, we use your personal information for a variety of purposes, including to:

1. verify your identity;
2. administer and manage our website;
3. verify and/or authenticate that your use of our site is in accordance with our terms of use and policies;
4. provide you with news, information and material in relation to our platform;
5. analyse usage and trends to monitor access and improve functionality;
6. improve our website and provide you with a better service;
7. comply with our legal obligations; or
8. respond to your requests.

Where the GDPR applies, we rely on lawful bases for processing personal data, including consent, legitimate interests and compliance with legal obligations, as applicable.

To whom do we disclose personal information?

From time to time, where you have elected to provide personal information to us to subscribe to our website or send us a request, we may disclose your personal information to third parties including:

1. parties to whom you authorise us to disclose your personal information, either directly or pursuant to our website terms and conditions;
2. companies and consultants who perform services for us, such as specialist information technology or outsourcing companies, or other contractors of ours. In such cases, we require those companies and consultants to protect your personal information;
3. government and regulatory authorities (as required or authorised by law);
4. our professional advisors (such as accountants and lawyers);
5. any related organisations as necessary for the proper fulfilment of our responsibilities;
6. service providers who help enhance your user experience; or
7. other third parties as permitted by law.

The third parties with whom we share personal information may be located overseas. In such circumstances, we take reasonable steps to ensure such third parties handle personal information in a manner consistent with Australian privacy laws.

Some of your data may be stored on servers in the United States. If you do not wish your data to be stored in the United States, then you should not use this site.

If you have any queries about the basis upon which we may transfer or store your personal information outside of Australia, please contact us using the Contact page.

Your rights

You have a range of legal rights under applicable privacy laws including as set out below, which may differ depending on your location:

1. fair processing of information and transparency over how we use your use personal information – which this Privacy Policy is designed to address;
2. access to a copy of the personal information we hold;
3. require us to correct any mistakes in your information which we hold;
4. require the erasure of personal information concerning you in certain situations;
5. require us to transmit your personal information to a third party in certain situations;
6. object at any time to our processing of personal information concerning you for direct marketing;
7. object in certain other situations to our continued processing of your personal information or any automated decision making;
8. where the processing is based on your consent, withdraw your consent at any time.

For further information, including the circumstances in which the above rights apply, you may consult the Office of the Australian Information Commissioner (OAIC) or the applicable data protection regulator in other jurisdictions.

If you would like to exercise any of your rights, please:

1. contact us using the Contact page or by email at and let us have enough information to identify you;
2. let us have proof of your identity and address;
3. let us know the information to which your request relates.

Direct marketing and your privacy

On occasions, we may use the personal information that we collect from you, or that you provide to us to request a service from usto identify particular features of our site which we believe may be of interest to you. We may then contact you to let you know about these matters. We will give you a choice to ‘opt out’ (unsubscribe) from receiving such information in the future.

How can you ‘opt out’ from promotional and marketing material

You can opt out of receiving marketing information by any one of the following methods:

1. unsubscribing via the electronic means provided;
2. by using the Contact page or sending us an email.

Electronic Direct Mail policy

You will only be added to our mailing list if you choose to subscribe to it. We can only add you to our mailing list if you provide a valid email address on our Subscribe webpage. If you wish to be removed from our mailing list you may unsubscribe at any time by clicking on the ‘unsubscribe’ link at the bottom of any email mail-out from us. You can also unsubscribe by sending a request to us via the Contact form on our website.

We will use all reasonable endeavours to process your request as quickly as we can, but, in any event, in a fair and reasonable timeframe: we will aim to complete your ‘unsubscribe’ request within five working days of receipt.

What do we do with personal information when it is no longer needed?

We will destroy personal information that is no longer needed for the purposes for which it was collected, or if we are no longer permitted or required by law to retain it, using secure methods of deletion.

We may need to retain certain personal information after we cease providing you with services, in order that we are able to enforce our terms, to identify, issue or resolve legal claims and/or for proper record keeping.

We may also retain a record of any stated objection by you to receiving marketing for the purpose of ensuring that we respect your wishes and not contact you further.

How you can access and correct your personal information

We will, at your request and subject to applicable privacy laws, provide you with access to your personal information that is held by us.

We will endeavour to ensure that personal information that we hold about you is up to date, accurate and complete.  We will generally assume that any information provided by you is free from errors and omissions unless you tell us it needs to be corrected. As such, it is important that you keep us informed if personal information that we have about you is inaccurate, incomplete or out of date. You can make such a request using the Contact page or email address . We will take reasonable steps to action them promptly.

You may instruct us to remove any previous consent that you provided to receive marketing communications from us.

You may make a request for access to, or correction of, any personal information that we hold about you. We may request you to verify your identity and specify what type(s) of information you require before processing your request.

A fee will not apply to making a request for access or update to or deletion of your personal information. However, a fee may

in our discretion apply and be charged for providing the information to you. The fee covers the cost to us in collating, copying and providing certain information to you. We will only charge this fee where it is lawful for us to do so.

In some circumstances where we correct a record, we may still require retention of the original record.

Exceptions

Your right to access your personal information is not absolute.

In certain circumstances, the law may permit or require us to refuse your request to provide you with access to your personal information. These circumstances may include where:

1. access would pose a serious threat to the life or health of any individual;
2. access would have an unreasonable impact on the privacy of others;
3. the request is frivolous or vexatious; or
4. access would be unlawful or may prejudice enforcement activities or a security function.

If we refuse to provide you with access to or correct your personal information, we will provide you with an explanation in writing.

Website ‘cookies’

Many websites, including our website, use ‘cookie’ technology.

‘Cookies’ are small text files that are used by a website to recognise repeat users (or their computers or mobile devices), store registration data, and facilitate the user’s ongoing access to and use of the site. This allows a website to track usage behaviour and compile aggregate data for navigational or content improvement. ‘Cookies’ are not programs that come onto your system and damage files.

You can disable ‘cookies’ or request a warning when ‘cookies’ are used to enable you to accept or reject them by adjusting your internet browser settings. However, disabling or rejecting ‘cookies’ may mean that you are not able to access parts of our website or take advantage of the improved user experience that ‘cookies’ can help provide.

Use of our website

When visiting our website, a record of your visit may be recorded in Google Analytics or similar services. This record may include the following types of information:

1. the date and time of visit;
2. the pages accessed and documents downloaded; and
3. the address of any website that linked you directly to our site.

This information is not shared with any third party other than those assisting us to enhance your user experience or protect your information (as detailed in section 9, above).

We will take reasonable steps to protect personal information which we hold from misuse, loss and from unauthorised access, modification or disclosure. This includes having appropriate security measures in place and procedures for dealing quickly with any suspected data breaches.

We have systems and processes in place to maximise the security of your personal information, including the use of the industry standard encryption on our website.

For site and service security purposes and to ensure that our services are available to all users, we employ software programs to monitor network traffic in order to identify unauthorised attempts to upload or change information or cause damage to our site.

However, you should be aware that, when using our website or our services, no data transmission over the Internet can be guaranteed as completely secure.

How long do we keep your personal information?

We will store your personal information for as long as reasonably necessary to fulfil the purposes for which it was collected and as required by law. We typically retain data for as long as we are providing services to you and for a period of up to six years (or longer if the legal responsibility period is greater). We will destroy, delete or de-identify your personal information within a reasonable time after the end of this period unless we are required to retain it by law.

Changes to this privacy policy

We may change, modify or update this Privacy Policy at any time by publishing the revised version on our website. The revised version shall take effect immediately upon publication or notification, unless otherwise set out in this Privacy Policy or the notice. Your acknowledgement that you are aware of the change, modification or update is implied from your continuing use of the website.

Feedback, queries and complaints

We welcome feedback. We are committed to working with visitors to our site to ensure that comments and questions are addressed.

If you have a query regarding our privacy practices or wish to complain about a breach of privacy or data protection laws, you can contact us using the Contact page or email address . We will respond in writing as quickly as possible, in accordance with any timeframes required by law, and we will give you details about how we propose to deal with the complaint as soon as reasonably practicable. We may ask you to provide further information about your complaint in order to assist us to address it.

If, for any reason you do not wish to complain to us initially or if you are unhappy with how we propose to resolve a complaint, then a complaint may also be made to the Office of the Australian Information Commissioner, by visiting the OAIC’s website and following the steps, or by approaching the data protection regulator in your jurisdiction  or where an alleged infringement of data protection laws occurred.

Office of the Australian Information Commissioner

Online: www.oaic.gov.au/privacy

Phone: 1300 363 992

Feedback, queries and complaints

You can contact us, at111 pty Ltd as the operator of this site and the registrant of the domain www.sergebenhayon.tv, via the Contact page or by email to , where you can put “Privacy matter” in the email subject line.