1. We Respect Your Privacy

1.1. Eureka Media, and Eureka Gear, respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.

1.2. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.

1.3. To the extent applicable, we also adhere to the EU General Data Protection Regulation (GDPR).

1.4. "Personal information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.

1.5. For further information about this Privacy Policy, you can contact us using our contact form.

2. Collection of Personal Information

2.1. Eureka Media will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.

2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order.

2.3. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

2.4. Additionally, we may also collect any other information you provide while interacting with us.

2.5. We do not knowingly or intentionally aim any of our products or services at children under 13, or collect information about children under 13. If you believe that we have collected information about a child under 13, please contact us, so that we may delete the information.

3. How We Collect Your Personal Information

3.1. Eureka Media collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

3.2. By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

4. Use of Your Personal Information

4.1. Personal information is only collected in situations where you have consented; where there is a legitimate interest to disclose the information and; where the disclosure of personal information is required for the fulfilment of your contract with Eureka Media. Please consult our terms and conditions for further information on the contractual obligations between users and Eureka Media.

4.2. Eureka Media may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

4.3. Eureka Media may contact you by a variety of measures including, but not limited to telephone, email, SMS or mail.

4.4. If you require further information about the legitimate interest legal basis under the GDPR, you can contact us using our contact form.

5. Disclosure of Your Personal Information

5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Eureka Media, Eureka Gear, www.eurekagear.com, its customers or third parties.

5.4. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

5.5. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information. We will ensure that third parties have stringent safeguards when handling your personal information.

5.6. Personal information is only disclosed to third parties in situations where you have consented to the transfer, where there is a legitimate interest to disclose the information and; where you are contracted to provide this personal information.

6. International Transfer of Your Personal Data

6.1. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.

6.2. We provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA). These countries may include, but are not limited to the United States of America (US) and the United Kingdom (UK).

6.3. We have hosting facilities in Australia and the US .The European Commission has made an “adequacy decision” with respect to the data protection laws of Australia. Transfers to the US will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from www.privacyshield.gov.

6.4. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

7. Security of Your Personal Information

7.1. Eureka Media is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

7.2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

8. Access to Your Personal Information

8.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth) and the EU GDPR 2018. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using our contact form.

8.2 You have the following rights under the GDPR:

8.2.1. Right of Access – the right to access the personal information that we hold or process about you

8.2.2. Right to Rectification – the right to update, correct or amend the personal information that we hold or process about you

8.2.3. Right to Erasure – the right to request remove personal information that we hold about you

8.2.4. Right to Restrict – the stop processing all or some of your personal data

8.2.5. Right to Object – the right to object to your personal information being used for direct marketing purposes

8.2.6. Right to Data Portability – the right to request a copy of your personal data in electronic format

8.2.7. Right not to be subject to Automated Decision making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect

8.3. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

9. Complaints About Privacy

9.1. If you have a complaint about our privacy practices, please contact us using our contact form. We take complaints very seriously and will respond shortly after receiving written notice of your complaint. Eureka Media is the data controller for the purposes of the personal data processed under this privacy policy.

10. Changes to Privacy Policy

10.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

11. Website

11.1. When you visit our website – www.eurekagear.com – we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

11.2. Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

Google Analytics

In addition to web server logs, we use Google Analytics, a web analytics service provided by Google Inc. ("Google"). Reports obtained from Google Analytics are used to help improve the efficiency and usability of this website. Google Analytics uses first-party cookies and JavaScript code to gather statistics about how the website is accessed. It anonymously tracks how our visitors interact with this website, including where they came from, what they did on the site including such things as news registration. The information generated by the cookie and JavaScript code about your use of the website (including your IP address) will be transmitted to and stored by Google on servers located outside Australia. Google is based in the United States of America (USA). Should you wish to contact Google, you can find contact details on Google's Contact us page. Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. By using this website, you consent to the processing of data about you by Google in the manner described in Google's Privacy Policy and for the purposes set out above. Relevant legislation of the USA will apply. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.

Google Tag Manager

We use Google Tag Manager, a digital marketing service provided by Google Inc. (“Google”). Reports obtained from Google Tag Manager are used to help improve the efficiency and usability of the website by measuring traffic and visitor behaviour to this website. Google Tag Manager uses tags which are tiny bits of website code that allow us to measure traffic and visitor behaviour, understand the impact of online advertising and social channels, use remarketing and audience targeting, test and improve our site. Google Tag Manager keeps track of a set of tags and tag-firing rules but it does not collect any personally identifiable information. When a user visits the site, the most up-to-date tag configuration is sent over to the end-user’s browser with instructions to fire appropriate tags. The information generated about your use of the website (including your IP address) will be transmitted to and stored by Google on servers located outside Australia. Google is based in the United States of America (USA). Should you wish to contact Google, you can find contact details on Google's Contact us page. By using this website, you consent to the processing of data about you by Google in the manner prescribed by Google's Privacy Policy and for the purpose set out above. Relevant legislation of the USA will apply. You can opt out of Google Analytics if you disable cookies, JavaScript, or use the opt-out service provided by Google.

11.3. Third party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Eureka Media is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

12. MailChimp and Privacy Consent

12.1. To provide our news we use MailChimp, which provides online tools to create, send and manage emails. MailChimp may collect personal information, such as distribution lists that contain email addresses, and other information relating to those email addresses. For further information about the type of personal information MailChimp collects, refer to the MailChimp Privacy Policy. We will only use this information to:

(a) create, send and manage emails relating to the work of Eureka Media

(b) measure email campaign performance

(c) improve the features for specific segments of customers

(d) evaluate your use of our website

(e) compile reports on website activity for website operators, and

(f) provide other services relating to website activity and internet usage

12.2. MailChimp may transfer this information to third parties where required to do so by law, or where such third parties process the information on MailChimp’s behalf.

12.3. MailChimp collects information about when you visit the website, when you use the services, your browser type and version, your operating system and other similar information. MailChimp is based in the United States of America (USA) and the information collected about your use of the website (including your IP address) will be transmitted to and stored by MailChimp on servers located outside Australia.

12.4. We are required to inform you that by subscribing to our email newsletter:

(a) You consent to your personal information being collected, used, disclosed and stored as set out in MailChimp Privacy Policy and agree to abide by MailChimp’s Terms of Use.

(b) You understand and acknowledge that this service utilises a MailChimp platform, which is located in the USA and relevant legislation of the USA will apply.

(c) Australian Privacy Principle 8.1 contained in Schedule 1 of the Privacy Act will not apply.

(d) You understand and acknowledge that MailChimp is not subject to the Privacy Act 1988 (Cth) and you will not be able to seek redress under the Privacy Act 1988 (Cth) but will need to seek redress under the laws of the USA.

12.5. You can opt out of our mailing list if you choose the ‘unsubscribe’ service provided by MailChimp in every email, or contact Eureka Media. You can also disable or refuse cookies or disable Flash player; however, you may not be able to use the services provided by MailChimp if cookies are disabled.

12.6. MailChimp has the endorsement of TRUSTe’s Privacy Seal, which means this privacy policy has been reviewed by TRUSTe for compliance with their program requirements including transparency, accountability, and choice related to the collection and use of your personal information. TRUSTe is an independent third party that operates a globally-recognised privacy trustmark.

13. Contact Us

13.1. If you have any questions relating to this Privacy Policy, please contact us using our contact form.

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