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Maxicash.com Privacy Statement
This document declares the undertakings by Maxicash.com in
relation to its
handling of Your Data.
We do not trade, sell or transfer any information obtained from
our client
at any time.
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Contents
Data Collection
Data Security
Data Use
Data Disclosure
Data Retention and Destruction
Access by You to Your Personal Data
Information about Data Handling Practices
Handling of Enquiries, General
Concerns and Complaints
Enforcement
Changes to These Privacy
Undertakings
Definitions
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Data Collection
Maxicash.com undertakes to collect Your Data by means that are:
fair;
legal; and
transparent.
If you visit Maxicash.com's web-site, your web-browser
automatically
discloses, and Maxicash.com's web-server automatically logs, the
following
information: the date and time, the IP address from which you
issued the
request, the type of browser and operating system you are using,
the URL of
any page that referred you to the page, the URL you requested,
and whether
your request was successful. This data may or may not be
sufficient to
identify you.
Any additional data that you provide, e.g. in a web-form, may
also be
logged. This data may or may not be sufficient to identify you.
Any additional data that your web-browser automatically provides
may also be
logged. This will be the case, for example, if your browser has
previously
been requested to store data on your computer in 'cookies' and
submits them
each time you request a web-page within a particular domain
(such as
Maxicash.com). This data may or may not be sufficient to
identify you.
If you disclose personal data to Maxicash.com in conjunction
with an
identifier such as your name or your credit-card details,
Maxicash.com will
collect Your Data. Moreover, any data that becomes available to
Maxicash.com
through any of the means described in the preceding paragraphs
may be able
to be associated with that identifier, and hence become Your
Data.
Subject to the qualifications immediately below, Maxicash.com
undertakes to
collect Your Data from you and not from other parties. This
undertaking is
qualified as follows:
where Maxicash.com reasonably considers that the protection of
its financial
interests requires that it gather YourData from other sources,
or from
additional sources. This applies in particular where
Maxicash.com has a
lending exposure to you, and seeks information about your
creditworthiness;
where Maxicash.com reasonably considers that its capability to
deliver
quality services to you will be materially enhanced by gathering
YourData
from other sources. This applies in particular to consumer
profile data.
Where Maxicash.com collects Your Data from sources other than
you, it
undertakes:
to do so only by legal means;
to do so only with your Consent; and
to declare to you what sources it uses, and under what
circumstances.
Maxicash.com undertakes to declare the purpose of collection in
a manner
which is clear and meaningful, and to avoid vague, highly
inclusive
statements such as 'to support our operations'.
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Data Security
Maxicash.com undertakes to store Your Data in a manner that
ensures security
against unauthorised access, alteration or deletion, at a level
commensurate
with its sensitivity.
Maxicash.com undertakes to store Your Data only in jurisdictions
where data
protections are at least equivalent to those required under the
OECD
Guidelines.
Maxicash.com undertakes to transmit Your Data in a manner that
ensures
security against unauthorised access, alteration or deletion, at
a level
commensurate with its sensitivity.
Maxicash.com undertakes to implement appropriate measures to
ensure security
of Your Data against inappropriate behaviour by Maxicash.com's
staff-members
and contractors. These include:
training for staff in relation to privacy; access control, to
limit access
to Your Data to those staff and contractors who have legitimate
reasons to
access it; particularly in the case of sensitive data, audit
trails of
accesses, including the identities of staff and contractors
accessing the
data; reminders to staff and contractors from time to time about
the
importance of data privacy, and the consequences of
inappropriate behaviour;
declaration of appropriately strong sanctions that are to be
applied in the
event of inappropriate behaviour clear communication of policies
and
sanctions; and processes to audit, to investigate and to impose
sanctions.
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Data Use
Use refers to the application of Your Data by any part of
Maxicash.com, or
any staff-member or contractor of Maxicash.com in the course of
their work.
Maxicash.com undertakes to use Your Data only for:
the purposes for which it was collected; such other purposes as
are
subsequently agreed between Maxicash.com and You; such
additional purposes
as may be required by law. In these circumstances, Maxicash.com
will take
any reasonable steps available to it to communicate to You that
the use has
occurred, unless it is precluded from doing so by law; and such
additional
purposes as are authorised by law (in particular to protect
Maxicash.com's
interests, e.g. if it believes on reasonable grounds that You
have failed to
fulfil your undertakings to Maxicash.com or have committed a
breach of the
criminal law).
Maxicash.com undertakes to use YourData only if it has
demonstrable
relevance to the particular use to which it is being put.
Maxicash.com undertakes to use YourData in such a manner as to
take into
account the possibility that it is not of sufficient quality for
the
purpose, e.g. because it is inaccurate, out-of-date, incomplete,
or
out-of-context.
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Data Disclosure
Disclosure refers to making YourData available to any party
other than
Maxicash.com and You. The term disclosure may include many
different
conditions of data transfer, including selling, renting,
trading, sharing
and giving.
Maxicash.com undertakes to disclose Your Data only under the
following
circumstances:
in the course of business being conducted between You and
Maxicash.com,
where disclosure is necessary to a contractor, such as a
transport company.
Where Your Data is disclosed in this way, Maxicash.com
undertakes to
exercise control over Maxicash.com's contractors to ensure that
their
actions are compliant with these Terms; in other circumstances
that are
directly implied by the purpose agreed between You and
Maxicash.com at the
time of data collection or subsequently. Where Your Data is
disclosed in
this way, Maxicash.com undertakes to exercise control over
Maxicash.com's
contractors to ensure that their actions are compliant with
these Terms;
with your consent, or at your request; where required by law,
such as a
provision of a statute, or a court order such as a search
warrant or sub
poena. In these circumstances, Maxicash.com will take any
reasonable steps
available to it to communicate to You that the disclosure has
occurred,
unless it is precluded from doing so by law; where permitted by
law (e.g.
the reporting of suspected breach of the criminal law to a law
enforcement
agency; and in an emergency, where Maxicash.com believes on
reasonable
grounds that the disclosure of YourData will materially assist
in the
protection of the life or health of some person), provided that
Maxicash.com
will apply due diligence to ensure that the exercise of the
permission is
justifiable.
In all cases, Maxicash.com undertakes to disclose only such of
Your Data as
is necessary in the particular circumstances.
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Data Retention and Destruction
Subject to the qualifications immediately below, Maxicash.com
undertakes:
to retain Your Data only as long as is consistent with its
purpose; and to
destroy Your Data when its purpose has expired, and to do so in
such a
manner that Your Data is not subsequently capable of being
recovered.
This undertaking is qualified as follows:
Your Data may be retained in Maxicash.com's logs, backups and
audit trails
within short-term retention cycles that are devised to protect
the company's
operations. In such cases, Your Data will be destroyed in
accordance with
those cycles; Your Data may be retained beyond the expiry of its
purpose if
that is required by law, such as a provision of a statute, or a
court order
such as a search warrant or sub poena, or a warning by a law
enforcement
agency that delivery of a court order is imminent. In these
circumstances,
Maxicash.com:
will take any reasonable steps available to it to communicate to
You that
Your Data is being retained, unless it is precluded from doing
so by law;
and will only retain Your Data while that provision is current,
and will
then destroy Your Data; Your Data may be retained beyond the
expiry of its
purpose if it is authorised by law (in particular to protect
Maxicash.com's
interests, e.g.
if it believes on reasonable grounds that You have failed to
fulfil your
undertakings to Maxicash.com or have committed a breach of the
criminal
law). In these circumstances, Maxicash.com will only retain Your
Data while
that situation is current, and will then destroy Your Data.
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Access by You to Your Personal Data
Maxicash.com undertakes to provide you with access to Your Data,
subject to
only such conditions and processes as are reasonable in the
circumstances.
In particular, Maxicash.com undertakes to enable access:
conveniently;
without unreasonable delay; and
without cost.
Maxicash.com undertakes to establish and operate identity
authentication
protections for access to Your Data that are appropriate to its
sensitivity,
but practical. This may involve some inconvenience; for example,
relatively
straightforward procedures may be involved in order to provide
you with
access through a channel that you have previously registered
with
Maxicash.com (such as a particular email-address), but may
impose more
onerous procedures if you wish to use some other channel.
In the event that you dispute some aspect of Your Data,
Maxicash.com
undertakes to take reasonable steps in relation to the
amendment,
supplementation or deletion of Your Data.
You undertake:
not to seek access for frivolous purposes, or unreasonably
frequently; to
accept that deletion of some data may not be consistent with the
provision
of particular services by Maxicash.com to you.
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Information about Data-Handling Practices
Maxicash.com undertakes to make
information available to you about the manner in which
Maxicash.com handles
your data:
in general terms, in a readily accessible manner; and in more
specific
terms, on request.
Where Your Data is disclosed to a contractor, Maxicash.com
undertakes to
make information available to you on request about the manner in
which
Maxicash.com's contractors handle your data.
Maxicash.com undertakes to ensure that the information provided
is
meaningful, and addresses your concerns.
You undertake:
not to seek such information for frivolous purposes, or
unreasonably
frequently; and to accept that the disclosure of excessive
detail may harm
the security of Your Data and Maxicash.com's business processes,
and may
harm Maxicash.com's commercial interests.
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Handling of Enquiries, General Concerns and
Complaints
If you have enquiries, general concerns, or
complaints about these Terms, or about
Maxicash.com's behaviour in relation to these Terms, you
undertake:
to communicate them in the first instance:
to Maxicash.com only;
in sufficient detail;
through a channel made available by Maxicash.com for that
purpose;
Maxicash.com undertakes:
to provide one or more channels for communications to
Maxicash.com, which
are convenient to users; to promptly provide acknowledgement of
the receipt
of communications, including the provision of a copy of the
communication,
the date and time it was registered, and Maxicash.com's
reference-code for
the communication; to promptly provide a response to the
communication, in
an appropriate and meaningful manner.
You further undertake to not pursue Maxicash.com through any
Regulator or
the media:
until and unless Maxicash.com has had a reasonable opportunity
to respond to
the initial communication; and while Maxicash.com and you are
conducting a
meaningful dialogue about the matter.
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Enforcement
Maxicash.com declares that its undertakings in these Terms are
intended to
create legal obligations, and that those obligations are
intended to be
enforceable under appropriate laws in appropriate jurisdictions.
These
include laws relating to data protection, privacy, fair trading,
corporations and criminal laws.
You undertake to seek enforcement only in a jurisdiction that is
relevant to
the transactions that have taken place between You and
Maxicash.com, in
particular the jurisdiction in which you live or in which you
performed the
relevant acts, and the jurisdiction in which Maxicash.com is
domiciled or
performed the relevant acts.
If you wish to discover the relevant laws in any particular
jurisdiction,
Maxicash.com draws your attention to the following resources:
WorldLII Privacy
Compilation of [U.S.] State and Federal Privacy Laws, Privacy
Journal,
Providence RI Privacy Law Sourcebook 2004, EPIC, Washington DC
the
Australian Privacy Foundation's pages:
International Instruments Relating to Privacy Law Privacy Laws
of Countries
of the World Privacy Laws of the Commonwealth of Australia
Privacy Laws of
the States and Territories of Australia Privacy International
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Changes to These Privacy Undertakings
Maxicash.com undertakes:
not to unilaterally make any material change to these Terms in a
manner that
reduces the protections for Your Data; to take all practicable
steps to
prevent any company that acquires this company or any of its
relevant assets
from materially changing the Terms applicable to Your Data in a
manner that
reduces the protections for Your Data; where it is considering
making
changes to these Terms, or creating more specific Terms relating
to specific
services, to consult with appropriate representative and
advocacy
organisations; where it makes changes to these Terms, to ensure
that the
differences between successive versions are readily accessible;
to maintain
all prior versions of these Terms in such a manner that they are
dated, and
readily accessible.
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Definitions
Your Data means data that is capable of being associated with
you, whether
or not it includes an explicit identifier such as your name or
customer
number. In particular, it encompasses all data that Maxicash.com
is capable
of correlating with you, using such means as server-logs and
cookie-contents.
Your Data does not refer to data that can no longer be
associated with you.
This includes aggregated data that does not and cannot identify
the
individuals whose data are included in the aggregation.
Consent means your concurrence with an action to be taken by
Maxicash.com.
Consent may be express or implicit, but in either case must be
informed and
freely-given.
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