Privacy Policy
Martarna Pty Ltd ACN 073 100 679
1. Protecting your privacy
This privacy statement provides information about the personal information that we collect, and the ways in which we use that personal information.
We comply with the Privacy Act 1988 (Privacy Act) when we handle personal information. The Privacy Act contains 13 Australian Privacy Principles (APPs) which provide the rules for how we must handle your personal information, including how you can request access to, and correction of, that information. Detailed information on the Privacy Act and the APPs can be found on the website of the Office of the Australian Information Commissioner (OAIC).
If you reside in a country within the European Union (EU) your personal information is handled in accordance with General Data Protection Regulations 2018 (GDPR) which provides the rules for how we must handle your personal information, including how you can request access to, and correction of, that information. Additionally, if you reside in a country outside the EU, you may be conferred additional rights by the laws in your country. Detailed information on the General Data Protection Regulations can be found at the website of the European Commission.
We will only use or disclose personal information we hold about you in accordance with this Privacy Policy or as otherwise notified to you.
2. Meaning of words
In this Privacy Policy:
(a) “you” refers to any individual who uses the Services or our Website;
(b) “related body corporate” has the meaning given in the Corporations Act 2001 (Cth);
(c) “services” means the supply of consultancy, cyber security and software solutions services or as otherwise agreed between us and you;
(d) “we”, “us” and “our” refers to Martarna Pty Ltd ACN 073 100 679 and any of its related bodies corporate to which it says that this Privacy Policy applies;
(e) “website” refers to martarna.com.au and any variation or tailored version of the website created by us for your use; and
(f) the singular includes the plural and vice versa
3. Your personal information
“Personal information” is information about an individual who is either identified in the
information or their identity can be ascertainable from it. It includes information and opinions obtained from the individual or from a third party.
When you use our services, your personal information is collected and held by us.
4. How your personal information is collected
We generally collect your personal information from you. This will be collected via our
website or through correspondence such e-mail or telephone.
At or before the time (or, if that is not practicable, as soon as practicable after) we collect personal information, we will take steps to ensure that you are aware of:
(a) our identity and contact details;
(b) the facts and circumstances of collection of your personal information;
(c) the purposes for which the personal information is collected;
(d) the fact that you are able to gain access to the personal information;
(e) to whom we usually disclose personal information of the type collected;
(f) information about our Privacy Policy;
(g) any law that requires the particular personal information to be collected; and
(h) the main consequences (if any) if all or part of the personal information that is not provided.
5. How your personal information is used
(a) We do not ordinarily collect any information about you except where you provide it to us, or it is provided to us with your consent. In general, we do not use or disclose personal information collected about you other than for:
(i) a purpose set out in this Privacy Policy;
(ii) a purpose you would reasonably expect;
(iii) a purpose required or permitted by law; or
(iv) a purpose otherwise disclosed to you or for which you have consented.
(b) Your personal information may be used by us to:
(i) verify your identity;
(ii) price and design products and services;
(iii) assist you to subscribe to the services;
(iv) assist you to subscribe to an email or other distribution list;
(v) provide the services you require;
(vi) provide you access to the services;
(vii) notify you of new or changed services;
(viii) arrange for the products and services you require to be provided by third party service providers;
(ix) manage our relationship with you;
(x) administer, improve and manage our products and services, including charging, billing and collecting debts;
(xi) conduct appropriate checks for credit-worthiness and for fraud;
(xii) research and develop our products and services;
(xiii) gain an understanding of your needs in order to provide you with a better service and products;
(xiv) assist with the resolution of technical support issues or other issues relating to our services;
(xv) carry out marketing or training;
(xvi) comply with the laws and regulations in applicable jurisdictions; and
(xvii) maintain and develop our business systems and infrastructure.
6. Disclosures of personal information
We may exchange your information with our related bodies corporate. We and our related bodies corporate may use this information for any of the purposes mentioned in section 5.
We may also disclose personal information about you, as appropriate, to:
(a) our employees, assignees, agents, referred service providers, contractors and external advisers;
(b) organisations which verify your identity;
(c) your agents, advisers, referees, executor, administrator, trustee, the beneficiary of any trust of which you are a trustee, your guardian, attorney or franchisor;
(d) law enforcement, regulatory and government bodies in case of an emergency;
(e) any person we consider necessary to execute your instructions; and
(f) other organisations (and their agents) with whom we have arrangements for the supply and marketing of our respective products and services, unless you ‘opt out’ of marketing (see below).
From time to time we may send your information overseas, including to overseas service providers or other third parties who operate or hold data outside Australia. Where we do this, we make sure that appropriate data handling and security arrangements are in place. Please note that Australian law may not apply to some of these entities.
7. General Data Protection Regulations
If you reside in a country within the European Union (EU):
(a) any personal information you provide to us is handled in accordance with this Privacy Policy and the GDPR. The transfer of your personal information to a country outside the EU in accordance with this Privacy Policy has been
approved by our privacy controller;
(b) you agree that, by using the services and our website, you give your consent for us to use your personal information in accordance with this Privacy Policy for the purposes of Article 4(11) of the GDPR;
(c) in the event that your personal information held by us is no longer required for a purpose set out in this Privacy Policy, we will take reasonable steps to deidentify or destroy this personal information;
Erasure of Personal Information
(d) you have the right to request that we erase any personal information held by
us without undue delay if:
(i) the personal information is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
(ii) you withdraw consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing;
(iii) you object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR;
(iv) your personal information has been unlawfully processed;
(v) your personal information has to be erased for compliance with a legal obligation in Union or Member State law to which we are subject to; or
(vi) your personal information has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR;
(e) where we have made your personal information public and we are obliged pursuant to clause 7(d) to erase the personal data, we, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform any third party which is processing the personal data that you have requested the erasure of any links to, or copy or replication of, that personal information;
(f) clauses 7(d) and 7(e) shall not apply to the extent that processing of your personal information is necessary:
(i) for exercising the right of freedom of expression and information;
(ii) for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
(iii) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3) of the GDPR;
(iv) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the GDPR in so far as the right referred to in clause 6(d) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(v) for the establishment, exercise or defence of legal claims;
Right to Data Portability
(g) you have the right to receive your personal data which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit that information to another person without hindrance from us, where:
(i) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1) of the GDPR; and
(ii) the processing is carried out by automated means;
(h) in exercising your right to data portability pursuant to clause 7(g), you have the right to have your personal information transmitted directly from us to another third party, where technically feasible;
(i) the exercise of the right referred to in clause 7(g) shall be without prejudice to your rights under clause 7(d). That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
(j) the right referred to in clause 7(g) must not adversely affect the rights and freedoms of others;
(k) you have the right to object, on grounds relating to your particular situation, at any time to processing of your personal information concerning him or her which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions. We will no longer process your personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims;
(l) where your personal information is processed for direct marketing purposes, you have the right to object at any time to processing of your personal information, which includes profiling to the extent that it is related to such direct marketing;
(m) where you object to processing for direct marketing purposes, your personal information will no longer be processed for such purposes;
(n) you agree that by using the services or website subject to this Privacy Policy, the right referred to in paragraphs 7(k)-(m) have been brought to your attention;
(o) in the context of the use of information society services, and notwithstanding Directive 2002/58/EC (Privacy and Electronic Communications Directive 2002), you may exercise your right to object by automated means using technical specifications; and
(p) where your personal information is processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, you, on grounds relating to your particular situation, have the right to object to processing of your personal information, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
8. Marketing ‘opt out’
If at any time you do not wish to receive further marketing information, you may ask us not to send you any further information about the services and not to disclose your information to other organisations for that purpose. You may do this by contacting us at info@martarna.com.au.
9. Personal information about third parties
If you provide us personal information about another person, you represent that you are authorised to do so and you agree to inform that person who we are, that we will use and disclose their personal information and that they may access any personal information we hold about them. You should also refer them to this Privacy Policy which applies to their personal information.
10. Maintaining the accuracy of your information
We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date.
If you believe that personal information that we hold about you is inaccurate, incomplete or out of date, please contact us at the info@martarna.com.au and we will take all reasonable steps to correct the information.
11. Accessing your personal information
You have a right to access your personal information, subject to some exceptions allowed by law. If you would like to do so, please let us know by contacting us at info@martarna.com.au. You may be required to put your request in writing for security reasons. We may also charge a fee for giving you access to your personal information and will try to deal with your request within a reasonable time.
12. Security and the internet
We maintain strict procedures and standards and take all reasonable steps to prevent unauthorised access to, or unauthorised modification or disclosure of, your personal information and to protect it from misuse or loss.
However, we do not guarantee that information sent over the internet is secure.
13. Cookies on our website
We use cookies on our website. A cookie is an industry standard and is a small text file that our website may place on your device(s). Usually, cookies are used as a means for software applications to remember your preferences. As such, cookies are designed to improve your experience of our website.
Cookies may collect and store personal information about you. We extend the same privacy protection to your personal information, whether gathered via cookies or from other sources. You can adjust your device settings to disable cookies or to warn you when cookies are being used, however this may affect the availability and functionality of the services offered through our website.
14. Changes to this privacy policy
This statement sets out our current Privacy Policy. It replaces any other Privacy Policy which we have previously issued.
We may amend this Privacy Policy at any time.
15. Contacting us
If you have any questions regarding this Privacy Policy please contact us at info@martarna.com.au.