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Last Updated: March 12, 2020
Linden Research, Inc., Linden Research International, Inc., Linden Research UK, Ltd., Tilia Inc., and Tilia Branch UK Ltd. (collectively “Linden Lab”) respect the privacy of its online visitors and users of its websites, products and services, including communication services, (collectively, the “Services”). We recognize the importance of protecting information collected from our users and have adopted this Privacy Policy to inform you about how we gather, use, process, store and disclose your information, including personal information, in conjunction with your access and use of our Services.
By using our Services, you confirm that you have agreed to our Terms of Service and read and understood this Privacy Policy. We will not share your personally identifiable information except as described herein. U.S. consumers who utilize the services of Tilia Inc. should consult Tilia Inc.’s U.S. Consumer Privacy Notice (“Privacy Notice”), which governs the use of their personal information. In the case of a conflict between that Privacy Notice and this Privacy Policy, that Privacy Notice controls.
1. TYPES OF INFORMATION WE COLLECT
We collect two basic types of information – personal information and anonymous information – and we may use personal and anonymous information to create a third type of information, aggregate information. Personal Information means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s first and last name, postal address, e-mail address and/or telephone number. Anonymous Information means information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual (including an individual’s computing device). Aggregate Information means information about groups or categories of individuals which does not identify and cannot reasonably be used to identify an individual. We may share Aggregate and Anonymous Information with other parties without restriction.
We collect the following categories of information:
Registration information you provide when you create an account, which may include personal data such as: your first name and surname, country of residence, gender, date of birth, e-mail address, username and password.
Transaction information you provide when you request information or purchase a product or service from us, whether on our sites or through our applications, including identification information (copy of valid passport or government-issued photo identification document, if provided to Linden Lab), your date of birth, your postal and/or residential address, telephone number and payment information. If you conduct transactions (for instance, on Second Life’s LindeX or Sansar’s SandeX or through Tilia), we may collect and retain some or all of the information related to these transactions, including transaction amount(s), parties involved, time and manner of exchange, and other transaction circumstances, such as payment method and names or emails of external third-party accounts (for example, PayPal or Skrill).
Information you provide in public forums on our Service. Please note that our sites and applications may offer chat, forums, community environments (including multiplayer gameplay) or other tools that do not have a restricted audience. If you provide Personal Information when you use any of these features, that Personal Information may be publicly posted and otherwise disclosed without limitation as to its use by us or by a third party. We do not require our users to include sensitive data (e.g., race, ethnicity, political opinions, religious or philosophical beliefs, membership of a trade union, physical or mental health, sexual life or criminal record) in their account. If you choose to post any such data to your account or public forums on our Service, please understand that it is visible to others as noted above. We have no obligation to keep private any sensitive information or personally identifiable information that you have made available to other users or the public using these functions. To request removal of your Personal Information from a public forum on one of our sites or applications, please contact Customer Support at help@sansar.com (Sansar) or https://lindenlab.freshdesk.com/support/tickets/new (Second Life).
Information sent either one-to-one or within a limited group using our message, chat, post or similar functionality, where we are permitted by law to collect this information.
Content, communications and other information you provide to us, view or engage with when you use our sites and applications, our applications on third-party sites or platforms (such as social networking sites) or link your profile from a third-party site or platform to your registered account. We collect information about how you use our Services, such as the types of content you view or engage with, the features you use, the actions you take, the people or accounts you interact with, and the time, frequency and duration of your activities.
Location information when you visit our sites or use our applications, including location information either provided by a mobile device interacting with one of our sites or applications, or associated with your internet protocol (IP) address, where we are permitted by law to process this information.
Usage, viewing and technical data, including your device identifier and features, IP address, web pages you visited prior to coming to our sites, proxy server, operating system, web browser and add-ons, internet service provider or your mobile carrier, and third-party user handles associated with your account when you visit our sites, use our applications on third-party sites or platforms, or open e-mails that we send. We use log-ins, cookies, device information and IP addresses to identify you and log your use.
Your marketing preferences.
Information you share with us in connection with surveys, contests, or promotions.
Communications that you send to us, such as customer support inquiries or other inquiries related to your account.
Additionally, there are a few special circumstances to note:
Intellectual Property Claim Notices: If you notify us of an intellectual property claim, the information in your claim notice may be shared with other parties to the disagreement or third parties in our discretion and as required by law;
Beta Service User: If you volunteer to serve as a beta participant for our pre-commercial content, we may track bug reports and individual system performance in an effort to test our technology rigorously before it is deployed;
Former Customer: If you discontinue your use of our Service, we may keep your registration file in our database for use in the event that you elect to renew your use of our Service, as well as for anti-fraud and other such protective measures.
2. HOW WE COLLECT YOUR INFORMATION
We collect information you provide directly to us when you request products, services or information from us, register with us, participate in public forums or other activities on our sites and applications, respond to customer inquiries or surveys, or otherwise interact with us. We also record some of this information automatically when you use our Services. We also may receive some of this information from third parties.
We collect the types of information as outlined in Section 1 and when you visit our sites or applications, when you register and manage your account, when you use our Services, when you purchase a product or services from us, when you post to public forums or chats, if you send us support inquiries, intellectual property claims or other claims, complaints or inquiries, when you participate in contests or promotions, or when we ask you for information for contractual or legal reasons.
We collect information through technology, such as cookies and other technologies (such as web beacons and pixel tags), including when you visit our sites and applications or use our applications on third-party sites or platforms. A cookie is a small string of data which often includes an anonymous unique identifier sent to your Internet browser from a website’s computers, which is stored on your computer’s hard drive and is used to customize your use of a product or online site, keep records of your access to an online site or product, or store information needed by you on a regular basis (e.g. password retention functionality). Linden Lab (itself or through third parties acting on our behalf) use cookies for a number of purposes relating to our websites, applications and services, including to access your account information where you “login” to our websites, forums or other areas and to keep track of your website session data. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. Each browser is different, so consult the “Help” menu of your browser to learn how you change your cookie preferences. Please note that if you reject all cookies, you may not be able to use certain of our (or other companies’) web pages.
We participate in ad and/or affiliate networks operated by various third-party companies. These companies collect and may use certain anonymous information about your visits to our Service as a function of referring Internet traffic to our Service. We do not permit these companies to collect any Personal Information about you, however, these companies may collect your IP address. These companies may set and use cookies, web beacons, pixels and other technologies to collect anonymous information about your visits to our Service, and may otherwise aggregate, analyze and anonymize that data. If you would like to learn more about these specialized advertising technologies, the Network Advertising Initiative offers useful information about Internet advertising companies, including information about how to opt-out of certain information collection. You can opt out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (http://youradchoices.com).
We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically. Local law may require that you authorize the third party to share your information with us before we can acquire it.
Please keep in mind that when you provide information to us on a third-party site or platform (for example, through our applications), the information you provide may be separately collected by the third-party site or platform. The information we collect is covered by this Privacy Policy and the information that the third-party site or platform collects is subject to the third-party site or platform’s privacy practices. Privacy choices you have made on the third-party site or platform will not apply to our use of the information we have collected directly through our applications.
3. USE OF YOUR INFORMATION BY LINDEN LAB
Linden Research, Inc. (itself or in the capacity of a data processor for Linden Research UK, Ltd.) and Tilia Inc. (itself or in the capacity of a data processor) (collectively, “Linden Lab Controller”) will be the data controller for your information. Linden Lab Controller may have access to your information where it performs services on behalf of the data controller(s) (as a data processor) and, unless prohibited under applicable law, for use on its own behalf (as a data controller) for the following purposes:
Provide you with the products and services you request, such as create and manage your account, process payments, send you emails or other communications about your transactions and Service-related announcements, provide you with customized services based on your preferences
Communicate with you about your account or transactions with us and send you information about features on our sites and applications or changes to our policies
Consistent with local law and choices and controls that may be available to you:
Send you offers and promotions for our products and services or, as permitted, third-party products and services
Personalize content and experiences on our sites and applications
Provide you with advertising based on your activity on our sites and applications and on third-party sites and applications
Administer surveys, contests, or promotions
Optimize or improve our products, services and operations
Detect, investigate and prevent activities that may violate our policies (including our Terms of Service) or be illegal, including law enforcement requests
Verify accounts and monitor activities within our Services to promote safety and security of our Services
Comply with applicable laws and regulations, including regulation related to money services business (by Tilia Inc., for example)
Develop, test, evaluate and improve our Services
Respond to your inquiries or concerns. Ableton live suite 9 7 2 download free.
Linden Lab uses cookies to perform authentication of your account, show you accurate information, personalize your experience (including communication preferences, features and customized content), enable and support our security features, help us detect malicious activity, conduct marketing campaigns and track their performance, and improve our services.
Except under certain limited circumstances as set forth here and in our Terms of Service, Linden Lab Controller does not disclose to third parties the Personal Information or other account-related information that you provide to us without your permission. You understand, however, that Linden Lab Controller may disclose your Personal Information or other account-related information under the following circumstances:
If we believe in good faith that such disclosure is necessary under applicable law, or to comply with legal process served on Linden Lab;
In order to protect and defend the rights or interests of Linden Lab, its products and services, and/or the other users of such products and services;
In order to report to law enforcement authorities, or assist in their investigation of suspected illegal or wrongful activity, or to report any instance in which we believe a person may be in danger;
To service providers with whom we have contracted to assist us with the features or operations (such as anti-fraud functions, billing, collections, registration, customer support, e-mail delivery, age verification, or Sansar’s SandeX, Second Life’s LindeX or Tilia operations), to fulfill your service requests, offer new content or help us improve our products and/or services. Our contracts with these third parties prohibit them from using any of your Personal Information for purposes unrelated to the product or services they are providing;
To other third parties (a) to provide you with services you have requested, (b) to offer you information about our products or services (e.g. events or features), or (c) to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service). For instance, we may provide certain information to our payment processor, to credit card associations, banks or issuers (if you are using a credit card), to PayPal (if you are using a PayPal account), or to providers of other services you request. If you choose to use these third parties’ products or services, then their use of your information is governed by their privacy policies. You should evaluate the practices of third party providers before deciding to use their services; and
To other business entities, should we plan to merge with or be acquired by that business entity.
4. SHARING YOUR INFORMATION WITH OTHER COMPANIES
We will not share your Personal Information outside of Linden Lab except in limited circumstances, including:
When you allow us to share your Personal Information with another company, such as:
Directing us to share your Personal Information with third-party sites or platforms, such as social networking sites
Please note that once we share your Personal Information with another company, the information received by the other company becomes subject to the other company’s privacy practices
When companies perform services on our behalf, however, these companies are prohibited from using your Personal Information for purposes other than those requested by us or required by law;
When we share, assign or otherwise transfer Personal Information with third parties in connection with the sale of any of our products, services, assets and/or businesses, or when the ownership or control of all or part of our Services changes;
When we share Personal Information with third parties to enforce our Terms of Service or rules, to ensure the safety and security of our users and third parties, to comply with law enforcement or other legal process or in other cases if we believe in good faith that disclosure is required by law.
5. YOUR CONTROLS, RIGHTS AND CHOICES
5.1 Data Retention
We retain your Personal Information while each of your accounts is in existence or as needed to provide you with Services. We also retain your Personal Information for as long as necessary to achieve the purposes described in this Privacy Policy, for example, to comply with our legal obligations. If required by law or if the information is subject of a legal request or governmental investigation, we retain certain financial transaction information and Personal Information for as long as we are required to comply with applicable laws, regulations or such legal process or investigation. We also retain Personal information in order to protect our and other’s rights, resolve disputes or enforce our legal terms or polices, to the extent permitted under applicable law.
5.2 Right to Access and Control your Personal Information
We provide you with the ability to exercise certain controls, rights and choices regarding our collection, use, process, store and sharing of your information. Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their personal data. In accordance with applicable law and subject to any exemptions provided by law, your controls, rights and choices may include:
Correct or Update: You may correct or update your account registration or your Personal Information or you may also ask us to change or update your data in certain cases, particularly if it is inaccurate;
Delete: You may delete your account registration or ask us to erase or delete all or some your Personal Information (for example, if it is no longer necessary to provide Services to you);
Object to, Limit or Restrict use of Personal Data: You may ask us to stop using all or some your Personal Information (for example if we have no legal right to keep using it) or to limit our use of it (for example, of your Personal Information is inaccurate or unlawfully held);
You may change your choices for subscriptions, newsletters and alerts;
You may choose whether to receive offers and promotions, or other marketing, from us for our products and services, or products and services that we think may be of interest to you, and you have a right to object to Linden Lab’s use of your Personal Information for this purpose at any time;
You may choose whether to share your Personal Information with other companies so they can send you offers and promotions about their products and services;
You may choose whether to receive targeted advertising from many ad networks, data exchanges, marketing analytics and other service providers by following the directions set forth above in Section 2;
Right to Access and/or Take Your Data: You may request access to the Personal Information we hold about you and you may ask for a copy of your Personal Information in machine-readable form.
You may exercise your controls, rights and choices, or request access to your Personal Information, by modifying your selections on your account preferences page, following unsubscribe instructions provided in communications we send to you, or sending correspondence regarding your request(s) or the publications or services you no longer wish to receive from us to the following address:
Linden Lab
Attention: Privacy
945 Battery Street
San Francisco, CA 94111
We will consider your request in accordance with applicable laws. Please note that, for technical reasons, there is likely to be a delay in deleting your Personal Information from our systems if you ask us to delete it. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted on our sites or that we have, and that there may be circumstances in which the law does not require or allow removal even if requested. Please be aware that if you do not allow us to collect Personal Information from you, we may not be able to deliver certain products and services to you, and some of our Services may not be able to take account of your interests and preferences.
You may have the right to lodge a complaint with a competent supervisory authority, subject to applicable law.
To the extent that Linden Lab’s processing of your Personal Information is subject to the General Data Protection Regulation (GDPR), Linden Lab relies on its lawful bases, described below, to process your data.
If you collect or process Personal Information of users associated with the European Economic Area on a Linden Lab website or create or use of programs or applications that retain information about such Linden Lab users or their computers, you may also have obligations under the GDPR. You should seek independent legal advice relating to your status and obligations under the GDPR. Nothing on this website is intended to provide you with, nor should it be used as a substitute for, legal advice.
5.3 Account Closure
You may close your account by contacting us at privacy@lindenlab.com. If you choose to close your Linden Lab account, we retain information for the purposes set out in this Privacy Policy and as noted below.
We retain your Personal Information even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, respond to government investigations, maintain security, prevent fraud and abuse, enforce our Terms of Service or other terms or policies, and protect our and other’s rights. We will retain Anonymous Information and Aggregate Information after your account has been closed. As we do not control data you shared with others, such data will remain visible or accessible.
6. CHILDREN’S PRIVACY
We recognize the need to provide further privacy protections with respect to Personal Information that we may collect from children on our sites and applications. Some of the features on our sites and applications are not directed towards children, and we do not knowingly collect Personal Information from children in connection with those features. When we direct certain sites, products or services toward children and intend to collect Personal Information from children, we take additional steps to protect their privacy, including:
Notifying parents (including guardians) about our information practices with regard to children, including the types of Personal Information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information;
In accordance with applicable law, obtaining parental consent for the collection, disclosure or use of Personal Information from their children, or for sending information about our products and services directly to their children;
Limiting our collection of Personal Information from children to no more than is reasonably necessary to participate in an online activity; and
Giving parents access or the ability to request access to Personal Information we have collected from their children and the ability to request that such Personal Information be changed or deleted. At anytime a parent may request that we cease to collect further Personal Information from their child or request that any Personal Information that we have collected be changed or deleted from our records, in accordance with applicable law, by sending an e-mail to our Customer Support teams at help@sansar.com (Sansar) or https://lindenlab.freshdesk.com/support/tickets/new (Second Life).
In some instances, certain portions of our Service may allow children to submit Personal Information (such as their name and/or the child’s or his or her parent’s e-mail address) without first obtaining their parent’s consent. For example, we may collect online contact information from a child for the purpose of:
Obtaining parental consent and/or providing the child’s parent with any information regarding their child’s use of our Service, as required by law;
Responding directly to a specific request from the child on a one-time basis (for instance, in response to a customer support inquiry);
Responding directly more than once to a specific request from the child (for instance, to receive a newsletter or in-game communication from us), provided that in such case (i) we will use reasonable efforts to notify the child’s parent (e.g. via e-mail) of such ongoing communications with the child promptly after our initial response to the child and before making any subsequent responses to the child, and (ii) the child’s parent shall have the right to refuse further contact with the child and require the deletion of Personal Information about or collected from the child by contacting our Customer Support team;
Protecting the safety of a child participant on our Service, provided that we have used reasonable efforts to provide notice to the child’s parent (e.g. via e-mail). If the parent fails to respond to such notice, we may use such online contact information for the purpose stated therein; and
Protecting the security or integrity of our Service, to take precautions against liability, to respond to judicial process or to the extent permitted under other provisions of applicable laws, to provide information to law enforcement agencies or for an investigation on a matter related to public safety, to the extent reasonably necessary to do so.
Parents are encouraged to spend time online with their children and to become familiar with the types of content available through our Service and on the Internet in general. Parents should regularly oversee their child’s use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help to provide a safe online environment for children. If your child has used your credit card in connection with our Service without your permission, please contact our Customer Support teams immediately at help@sansar.com (Sansar) or https://lindenlab.freshdesk.com/support/tickets/new (Second Life).
7. DATA TRANSFERS, SECURITY AND LAWFUL BASIS FOR PROCESSING
7.1 Cross Border Data Transfers
We operate globally and may transfer your information or Personal Information to individual companies of Linden Lab or third parties in locations around the world for the purposes described in this Privacy Policy. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that your information may be transferred to a country or jurisdiction that does not have the same data protection laws as your jurisdiction and you consent to the: (1) transfer of information to the U.S. or any other country in which Linden Lab or its subsidiaries, affiliates or service providers maintain facilities; and (2) the use and disclosure of information about you as described in this Privacy Policy. Whenever your Personal Information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your Personal Information in accordance with applicable law.
7.2 Security
We implement technical, physical and organizational security safeguards designed to protect your data, from loss, misuse and unauthorized access and disclosure. We regularly monitor our systems for possible vulnerabilities and attacks. However, given the nature of electronic communications and information processing technologies, we cannot guarantee the security or safety of any information that is send to us, transmitted through the Internet or stored on our systems. There is no guarantee that data may not be accessed, disclosed, altered, or destroyed by breach by others of any of our physical, technical, or organizational safeguards. In the event that Personal Information is compromised due to a breach of security, Linden Lab will promptly notify our users in compliance with applicable law.
7.3 Lawful Basis for Processing
We will collect, use, process and store your Personal Information where we have a valid lawful basis. Our lawful bases include one or more of the following:
https://dfjxwi.over-blog.com/2021/01/spelling-blizzard-game.html. Itext pro 1 2 5 – ocr tool maker. Consent (you have given Linden Lab consent, which you can change at anytime);
Performance of a contract (our processing is necessary for the performance of a contract we have with you to deliver the Services you have requested, to respond to your inquiries or to take specific steps before entering into a contract with you);
Legal obligation (processing is necessary for Linden Lab to comply with laws, regulations and regulatory authorities, court orders or law enforcement requests);
Vital Interest (processing is necessary to protect your vital interests or vital interests of another person);
Legitimate interest (improve our business or customer relationships, marketing and advertising, resolve disputes, prevent fraud and abuse, analyze and improve safety and security of our Services, enforce our Terms of Service, to anonymize and subsequently use the information).
8. CHANGES TO THIS PRIVACY POLICY
From time to time, we may change this Privacy Policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We will provide notice to you through our Services if these changes are material and, where required by applicable law, we will obtain your consent. If you object to any changes, you may close your account. You acknowledge that your continued use of our Service after we publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your personal data is subject to the updated Privacy Policy.
9. COMMENTS AND QUESTIONS
If you have a comment or question about this Privacy Policy or our privacy practices, please send an e-mail to privacy@lindenlab.com or write us:
Linden Lab
Attention: Privacy
945 Battery Street
San Francisco, CA 94111
YOUR CALIFORNIA PRIVACY RIGHTS:
CCPA: If you are a resident of California, please review the California Consumer Privacy Act privacy notice here.
Do Not Track: We currently do not respond to Do Not Track signals or similar signals.
Version 1.1
7.1 An organisation must not use or disclose the personal information that it holds about an individual for the purpose of direct marketing (APP 7.1). The term ‘holds’ is discussed in Chapter B (Key concepts).
7.2 There are a number of exceptions to this requirement. The exceptions in APP 7.2 and 7.3 apply to personal information other than sensitive information. They draw a distinction between the use or disclosure of personal information by an organisation where:
7.3 Both of these exceptions require an organisation to provide a simple means by which an individual can request not to receive direct marketing communications (also known as ‘opting out’). However, in the circumstances where the organisation has not obtained personal information from the individual, or the individual would not reasonably expect their personal information to be used in this way, there are additional requirements to ensure that the individual is made aware of their right to opt out of receiving direct marketing communications from the organisation.
7.4 Exceptions to this principle also apply in relation to:
7.5 APP 7 may apply to an agency in the circumstances set out in s 7A (see paragraph 7.13 below).
7.6 An individual may request an organisation not to use or disclose their personal information for the purpose of direct marketing, or for the purpose of facilitating direct marketing by other organisations (APP 7.6). The organisation must give effect to any such request by an individual within a reasonable period of time and for free (APP 7.7).
7.7 An organisation must, on request, notify an individual of its source of the individual’s personal information that it has used or disclosed for the purpose of direct marketing unless this is unreasonable or impracticable to do so (APP 7.6).
7.8 APP 7 does not apply to the extent that the Do Not Call Register Act 2006, the Spam Act 2003 or any other legislation prescribed by the regulations apply (APP 7.8). APP 7 will still apply to the acts or practices of an organisation that are exempt from these Acts.
7.9 Direct marketing involves the use and/or disclosure of personal information to communicate directly with an individual to promote goods and services.[1] A direct marketer may communicate with an individual through a variety of channels, including telephone, SMS, mail, email and online advertising.
7.10 Organisations involved in direct marketing often collect personal information about an individual from a variety of sources, including:
7.11 Examples of direct marketing by an organisation include:
7.12 Marketing is not direct, and therefore APP 7.1 does not apply, if personal information is not used or disclosed to identify or target particular recipients, for example, where:
7.13 An agency must comply with the direct marketing requirements of APP 7 in the circumstances set out in s 7A. These circumstances include where:
7.14 APP 7.2 provides that an organisation may use or disclose personal information (other than sensitive information) about an individual for the purpose of direct marketing if:
7.15 The ‘reasonably expect’ test is an objective test that has regard to what a reasonable person, who is properly informed, would expect in the circumstances. This is a question of fact in each individual case. It is the responsibility of the organisation to be able to justify its conduct.
7.16 Factors that may be important in deciding whether an individual has a reasonable expectation that their personal information will be used or disclosed for the purpose of direct marketing include where:
7.17 An organisation should not assume that an individual would reasonably expect their personal information to be used or disclosed for the purpose of direct marketing just because the organisation believes that the individual would welcome the direct marketing, for example, because of the individual’s profession, interest or hobby.
7.18 An individual is not likely to have a reasonable expectation that their personal information will be used or disclosed for the purpose of direct marketing where the organisation has notified the individual that their personal information will only be used for a particular purpose unrelated to direct marketing. For example, where an individual provides personal information to their bank when setting up internet banking, and the bank tells the individual that it will only use that personal information for enabling security for internet banking, the individual is not likely to have a reasonable expectation that their personal information will then be used or disclosed for the purpose of direct marketing.[6]
7.19 A simple means for opting out should include:
7.20 The individual should be able to easily find out how to opt out. For example, an organisation could provide information about how to opt out in each direct marketing communication. An organisation should also consider whether the means for opting out is accessible to a person with a disability.
7.21 If the individual has ‘opted out’, the organisation must not use or disclose their personal information for the purpose of direct marketing, in accordance with the individual’s request (APP 7.2(d)). Further examples of a simple means to opt out are given in paragraphs 7.27–7.30 below.
7.22 APP 7.3 provides that an organisation may use or disclose personal information (other than sensitive information) about an individual for the purpose of direct marketing if:
7.23 Consent is defined in s 6(1) as ‘express consent or implied consent’ and is discussed generally in Chapter B (Key concepts). The four key elements of consent are:
7.24 Whether it is ‘impracticable’ for an organisation to obtain consent will depend on a number of factors, including the time and cost involved in seeking consent. However, an organisation is not excused from obtaining consent by reason only that it would be inconvenient, time-consuming or impose some cost to do so. Whether these factors make it impracticable to obtain consent will depend on whether the burden is excessive in all the circumstances.
7.25 An organisation may obtain the consent from the individual in relation to a subsequent use or disclosure of the individual’s personal information for the purpose of direct marketing at the time it collects the personal information. In order to rely on this consent, the organisation must be satisfied that it is still current at the time of the use or disclosure. ‘Current’ consent is discussed in Chapter B (Key concepts).
7.26 Where an organisation did not obtain the individual’s consent at the time of collection, it must obtain the consent of the individual for the proposed use or disclosure, unless it is impracticable to do so. In that case, the organisation should assess whether it is impracticable to obtain consent at the time of the proposed use or disclosure.
7.27 APP 7.3 requires that an organisation provides a simple means for an individual to opt out of receiving direct marketing communications (see discussion at paragraphs 7.19–7.21 above).
7.28 In addition, APP 7.3 requires an organisation to provide a prominent statement that the individual may request to opt out in each direct marketing communication. This statement should meet the following criteria:
7.29 The following are given as examples of ways that an organisation may comply with the ‘opt out’ requirements of APP 7.3: https://bestnfiles163.weebly.com/parametric-cad-software.html.
7.30 In each case, an organisation may use an opt out mechanism that provides the individual with the opportunity to indicate their direct marketing communication preferences, including the extent to which they wish to opt out. However, the organisation should always provide the individual with an option to opt out of all future direct marketing communications as one of these preferences.
7.31 APP 7.4 provides that an organisation may use or disclose sensitive information for the purpose of direct marketing if the individual has consented to the use or disclosure for that purpose.
7.32 The requirement to obtain consent applies even if the individual and the organisation have a pre-existing relationship.[7] If consent is not obtained, the organisation cannot rely on this exception, even if obtaining consent is impracticable or impossible in the circumstances.
7.33 Consent is discussed in paragraph 7.23 below, and generally in Chapter B (Key concepts). ‘Sensitive information’ is defined in s 6(1) and discussed in Chapter B (Key concepts).
7.34 APP 7.5 provides that an organisation that is a contracted service provider for a Commonwealth contract may use or disclose personal information for the purpose of direct marketing if:
7.35 The terms ‘contracted service provider’ and ‘Commonwealth contract’ are defined in s 6(1) and discussed in Chapter A (Introductory matters).
7.36 If an organisation uses or discloses personal information about an individual for the purpose of direct marketing, the individual may request not to receive direct marketing communications from that organisation (APP 7.6(c)).
7.37 The organisation must not charge the individual for making or giving effect to the request (APP 7.7). It must also stop sending the direct marketing communications within a reasonable period after the request is made (APP 7.7(a)). A ‘reasonable period’ would generally be no more than 30 days. However, an organisation could give effect to an opt-out request in a shorter timeframe, particularly where digital communication channels are being utilised.
7.38 When the first organisation engages a second organisation to carry out, or assist in carrying out direct marketing on its behalf, it should ensure that the contractual arrangements with the second organisation reflect the first organisation’s obligations under APP 7. Where the second organisation is an APP entity, it must also comply with the APPs when handling personal information (see also paragraph 7.44 below).
7.39 In particular, where an individual makes a request to the second organisation to stop the direct marketing under APP 7.6, the contractual arrangements between the two organisations could require the second organisation to give effect to or pass on the opt out request to the first organisation.
7.40 An individual may request an organisation not to use or disclose personal information about the individual for the purpose of facilitating direct marketing by a second organisation (APP 7.6(d)).
7.41 The organisation must not charge the individual for making or giving effect to the request (APP 7.7). It must also stop using or disclosing the personal information for the purpose of facilitating direct marketing by a second organisation within a reasonable period after the request is made (APP 7.7(a)). A ‘reasonable period’ would be no more than 30 days. However, an organisation could give effect to an opt-out request in a shorter timeframe, particularly when digital communication channels are being utilised.
7.42 Where the second organisation is an APP entity, an individual can also make a separate request to not receive direct marketing communications from that organisation (APP 7.6(c)).
7.43 An organisation (the first organisation) facilitates direct marketing where it collects personal information for the purpose of providing that personal information to another organisation (the second organisation), so that the second organisation can undertake direct marketing of its own products or services.[8] For example, an organisation facilitates direct marketing where it collects personal information and sells that personal information to the second organisation which uses or discloses the personal information to send out marketing material.
7.44 An organisation does not facilitate direct marketing where it engages a second organisation to carry out, or assist in carrying out, direct marketing on its own behalf. In these circumstances, the second organisation will usually be a contractor, or an agent of the first organisation (see paragraphs 7.38–7.39 above). The following are given as examples of where an organisation ‘carries out’ direct marketing through a contractor, rather than facilitates direct marketing by a second organisation:
7.45 An individual may ask an organisation to identify the source of the personal information that it uses or discloses for the purpose of direct marketing, or for the purpose of facilitating direct marketing by other organisations (APP 7.6(e)).
7.46 The organisation must then notify the individual of its source, unless this is impracticable or unreasonable (APP 7.7(b)). It is the responsibility of the organisation to be able to justify that it is impracticable or unreasonable to provide this notification. Relevant considerations may include:
7.47 Notification of the source of the personal information must be given within a reasonable period after the request is made (APP 7.7(b)). A ‘reasonable period’ would generally be 30 days unless special circumstances apply.
7.48 The Spam Act 2003 (Spam Act) and the Do Not Call Register Act 2006 (DNCR Act) contain specific provisions regarding direct marketing. Where the act or practice of an APP entity is subject to the Spam Act, DNCR Act, or other legislation prescribed under the regulations, APP 7 does not apply to the extent that this legislation applies (APP 7.8).
7.49 If an organisation that is an APP entity is exempt or partially exempt from the Spam Act or DNCR Act, APP 7 will still apply to the acts and practices of that organisation to the extent of that exemption.
[1] Explanatory Memorandum, Privacy Amendment (Enhancing Privacy Protection) Bill 2012, p 81.
[2] For more information about online behavioural advertising and personal information, see OAIC, Targeted Advertising, OAIC website <https://www.oaic.gov.au>.
[3] For more information about cookies, see OAIC, Targeted Advertising, OAIC website <https://www.oaic.gov.au>.
[4] See the Federal Register of Legislation <https://www.legislation.gov.au> for up-to-date versions of the regulations made under the Freedom of Information Act 1982.
[5] See s 7A and OAIC, FOI Guidelines, Part 2, OAIC website <https://www.oaic.gov.au>.
[6] A and Financial Institution [2012] AICmrCN 1 (1 May 2012).
[7] Explanatory Memorandum, Privacy Amendment (Enhancing Privacy Protection) Bill 2012, p 82.
[8] Explanatory Memorandum, Privacy Amendment (Enhancing Privacy Protection) Bill 2012, p 82.
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