October 4, 2019

Privacy Policy

1 Responsibility

1.1 Pandora Unicorns as PUL(ABN 65 092 375 703) (PUL) respects your rights to privacy under, and is bound by, the Privacy Act 1988 (Cth) (Act) and the USA Privacy Principles (available at www.osec.doc.gov). PUL deals with personal information collected by it in accordance with this Privacy Policy (Policy). When used in this Policy, “Personal Information” has the meaning given in the Act, being in general terms, information or opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not and whether the information or opinion is recorded in material form or not.

1.2 PUL has implemented practices, procedures and systems to ensure compliance with the Act and the US Privacy Principles and to deal with complaints and inquiries concerning your Personal Information.

1.3 PUL’s Privacy Officer (contact details in section 8 below) has overall responsibility for ensuring that PUL and its employees, agents and subsidiaries comply with this Policy.

1.4 PUL collects information only by lawful and fair means.

1.5 If you are a customer of PUL, this Policy should be read in conjunction with PUL’s Customer Agreement.

1.6 By interacting with PUL, submitting information to PUL, or signing up for any services offered by PUL, you are deemed to agree and consent to us (as well as our related body corporates, representatives and/or agents) collecting, using or disclosing and sharing amongst ourselves your Personal Information in the manner set forth in this Privacy Policy.

2 Collection of Personal Information

2.1 PUL collects the following kinds of Personal Information:

  •  i. your identity particulars, including your name, sex, address (and previous two addresses), date of birth, phone number, mobile number, bank account information, name of employer and drivers licence number. If you choose to add a Recipient on our website, PUL will ask you for your Recipient’s Personal Information including the Recipient’s name, email address, financial information (bank information) and physical address;
  • ii. details of services or products you acquire from PUL or which you enquire about, together with any additional information necessary to deliver those services or products and respond to your enquiries;
  • iii. information regarding transactions you conduct utilising \ PUL’s services;
  • iv. any credit information that may be obtained in the course of obtaining the identity particulars described above;
  • v. Personal Information you provide to PUL through PUL’s service centre or in response to customer surveys;
  • vi. any additional Personal Information you provide to PUL online, by telephone, by email or otherwise to PUL representatives, or via your agents; and
  • vii. where you are a customer of PUL, the contents of telephone conversations between you and PUL representatives.

2.2 PUL is required to collect certain Personal Information under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), rules and other subordinate instruments (AML/CTF Laws). For all corporate customers (including without limitation, registered domestic and foreign companies, registered associations, registered co-operatives, trusts, partnerships, government bodies or other statutory bodies (Corporate Customers), PUL is required under the AML/CTF Laws to collect Personal Information of individuals (being a natural person or persons) who ultimately own or control (whether directly or indirectly) the Corporate Customer (Beneficial Owners). PUL is required to collect Personal Information of Beneficial Owners to assist PUL to verify information about the beneficial ownership and control of PUL’s Corporate Customers.

2.3 If PUL does not collect required Personal Information, then PUL may not be able to provide you with its services or products, or enter into contracts or undertake transactions with you.

2.4 PUL will collect your Personal Information only from you unless it is unreasonable or impracticable to do so. When you give us Personal Information of Recipients, you represent that you are authorized to do so and agree to inform any Recipients of the contents of this Privacy Policy as it relates to them. For Corporate Customers, PUL may collect Personal Information of Beneficial Owners from any individual authorized to act on behalf of the Corporate Customer and who has represented to PUL that he or she has the authority to provide Personal Information of Beneficial Owners to PUL (Authorised Representative). Authorized Representatives providing Personal Information of Beneficial Owners to PUL are assumed to have informed any Beneficial Owners of the contents of this

Privacy Policy

2.5 PUL collects your Personal Information from you, or via your agents, in ways including the following:

  • i. through your access and use of the PUL website;
  • ii. during conversations between you and PUL representatives;
  • iii. when you complete an application, order form or a contract;
  • iv. when you conduct transactions using PUL ’s services; and
  • v. when you send information in emails or correspondence to PUL;

2.6 Where you are a customer of PUL, PUL may be subject to compliance with its obligations under the Act and may access third party electronic databases necessary to assist it to identify you and such databases could contain credit information. PUL may therefore collect information about you that it has obtained from businesses that provide information about the credit worthiness of individuals, including consumer credit reports from a credit reporting body.

2.7 PUL will take reasonable steps to inform you if it collects Personal Information about you from someone else.

3 Purposes of collection, holding, use and disclosure of Personal Information

3.1 PUL collects, holds, uses and discloses your Personal Information (including credit information) for the following purposes:

  • a. to provide its services and products to you and undertake associated business processes and functions;
  • b. for administration, planning and account management;
  • c. where you are a customer of PUL, to identify you;
  • d. to monitor, develop and improve the quality of its services;
  • e. if you are registered with PUL, to send you information that is relevant to the provision of its services;
  • f. to answer or process your inquiries or complaints, and provide information or advice;
  • g. to send direct marketing to you in relation to the products, services and benefits PUL provides to keep you informed of new developments PUL believes may be of interest to you.  Direct marketing may be sent to you in a variety of ways including, via email, via SMS, via social media or online.  You may opt-out of receiving direct marketing at any time through the unsubscribe function that will be made available to you with each direct marketing communication that PUL sends.  Alternatively, you may opt-out of receiving direct marketing by logging into your PUL account online or by emailing us at davidpandoraunicorns@gmail.com.
  • h. to comply with any law, rule or regulation (for example, in the US the AML/CTF Laws) or binding determination, or to cooperate with any governmental authority; and
  • i. any other purpose disclosed to you at the time PUL collects your Personal Information.

3.2 If PUL sends you information that is relevant to the provision of PUL’s services, and at any time you do not wish to receive that information, you may send PUL an email opt-out and request that you not be included in any future mail-outs at: davidpandoraunicorns@gmail.com.

4 Disclosure of Personal Information

4.1 PUL will share your Personal Information with third parties only in the ways that are described below:
a. to PUL’s contractors or service providers for the purposes of conducting its business and providing its services or products to you, including web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants;

b. to PUL’s intermediary banks in order to process certain transactions on your behalf, for example, by disclosing your name and address;

c. to any partners, agents or intermediaries who are a necessary part of the provision of PUL’s products and services;

d. to international intermediaries to complete your transactions;

e. to credit reporting bodies if you are a customer of PUL for the purpose of identifying you, in which case the information will be limited to your identity particulars, including your name, sex, address (and the previous two addresses), date of birth, name of employer, and drivers license number;

f. to any government regulatory bodies that normally require it or may request it;

vii. in order for PUL to satisfy its regulatory obligations under relevant AML/CTF Laws, for example in order to satisfy the obligation that PUL take reasonable steps to verify the identity of its customers, PUL may disclose your Personal Information to its external credit providers; and

g. as may be required under any other law;

h. in the event that we sell or buy any business or assets, in which case we may disclose your Personal Information to the prospective seller or buyer of such business assets; and

i. to our related bodies corporate.

4.2 Any of the recipients referred to in paragraph 4.1 may be located overseas. The location of any such overseas recipient will depend on the country to which your transaction relates.

Where you personal Information is sent overseas, it is likely to be one of the following:

  • United States
  • United Kingdom
  • Hong Kong
  • Singapore
  • New Zealand
  • Canada
  • Countries in the European Union.

5 Information retention, quality and security

PUL may hold Personal Information (including credit information and credit eligibility information) in electronic and/or hard copy format.

Retention

5.1 Personal Information shall be retained only for as long as may be needed for the fulfillment of the purpose(s) for which the information is collected, used or disclosed, or as required by the Act, any other law or a court/tribunal order. You should be aware that PUL is obliged under relevant AML/CTF Laws to retain information relating to personal identity for 7 years.

5.2 Subject to any legislative requirements, PUL will destroy, erase, or make anonymous your Personal Information when it is no longer needed as referred to in paragraph 5.1. Quality

5.3 PUL will take reasonable steps in the circumstances to ensure that your Personal Information is accurate, complete, and up-to-date, to minimise the possibility that inappropriate information may be used to make a decision about you.

5.4 PUL will not routinely update your Personal Information unless such a process is necessary to fulfill the purposes for which the information is collected, used or disclosed. If you are a customer of PUL, in accordance with your Customer Agreement, you must notify PUL as soon as possible if any of the information you have provided to PUL has changed.

Security

5.5 PUL will take reasonable steps to maintain the security of your personal information. PUL has in place a range of security safeguards to protect your Personal Information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification, regardless of the format in which it is held.

5.6 The methods of protection may depend on the sensitivity of the information and the format in which it is contained. Security measures employed by PUL include:

  • technological measures including SSL 256-bits encryption for all data transfers over the Internet;
  • physical measures such as locked filing cabinets and restricted access to offices;  
  • strategic measures such as security clearances and limiting access to a “need-to-know” basis; and
  • PUL ensures that its staffs are aware of the importance of maintaining the confidentiality of personal information.

6 Access and correction

6.1 You may request access to any Personal Information (including credit information) that PUL holds about you at any time by contacting PUL at: davidpandoraunicorns@gmail.com. Where PUL holds Personal Information that you are entitled to access, PUL will within a reasonable period of your request (and always within 30 days of any such request) allow you access to that information. The requested information shall be provided or made available in the manner requested by you if it is reasonable and practicable to do so, or otherwise in a suitable form such as by mailing or emailing it to you.

6.2 Where you request access to credit information, in order to ensure that you have access to the most up to date information, you should additionally request from the credit reporting bodies identified in paragraph 4.1(v) above access to the credit reporting information held by them.

6.3 You may point out to PUL that any personal information (including credit information) held by PUL is inaccurate, out of date, incomplete, irrelevant or misleading, and request correction/deletion or information or ask to have it removed from a testimonial on our site or deactivate it by making the change on your Edit Profile page or by emailing us at: davidpandoraunicorns@gmail.com. PUL will take appropriate action to amend the information as required, give you notice of any correction and if requested take reasonable steps to, or if required by the Act, notify any third party to whom the information has been disclosed of the correction. If PUL does not agree that there are grounds for amendment of your information then it will set out the reasons for its decision in writing and the mechanisms available to complain about the refusal, and upon request by you, it will add a note to the personal information stating that you disagree with it.

6.4 There may be circumstances which preclude PUL from providing access to some or all of your Personal Information. For example, those circumstances could include:

  • the information may impact on the privacy of other individuals;
  • the information is commercially sensitive evaluative information;
  • the information is subject to solicitor-client or litigation privilege;
  • PUL is prohibited by law from providing you with access; or
  • the disclosure could reasonably be expected to threaten the safety, physical or mental health or life of an individual.

 6.5 If PUL decides that it cannot grant you access to your Personal Information, or grant access in the manner requested by you, it will set out the reasons for its decision in writing and the mechanisms available to complain about the refusal.

7 Complaints

Making a Complaint

7.1 PUL takes all complaints seriously and will investigate all complaints. For details of how PUL deals with complaints generally, please refer to PUL’s Complaints Policy.

7.2 If you believe there has been a breach of the US Privacy Principles, or if you have any other concerns about PUL’s handling of your Personal Information, please speak to your usual contact at PUL in the first instance. PUL staff will be pleased to help and complaints can often be resolved at this early stage. If your concerns cannot be resolved at the first point of contact, the matter should be referred to PUL’s Compliance Officer (contact details below). At this stage, PUL will ask you to set out your complaint in writing providing as much detail as you can so that PUL’s Compliance Officer can fully investigate your complaint. PUL will then contact you with the results of its findings. You should allow up to thirty days from the time of your initial complaint, or such longer period as may be agreed to by you, to receive a response.

8 Contacting PUL

If you have any questions or concerns about this Policy or the collection, use or handling of your personal information, you may contact the PUL Privacy Officer on +1 989-272-3939 or at avidpandoraunicorns@gmail.com.

10 Credit reporting notifiable matters

10.1 The credit reporting bodies referred to in paragraph 4.1(v) above may include your Personal Information referred to in that paragraph in reports provided to other credit providers to assist them to assess your creditworthiness.

10.2 If you fail to meet your payment obligations in relation to theservices PUL provides to you, if you commit fraud or try to do so, or if you otherwise commit a serious credit infringement, PUL may disclose this information to those credit reporting bodies. 

10.3 PUL’s credit reporting policy is incorporated in this general Policy. You may obtain a copy of the credit reporting bodies’ credit reporting policies by contacting them using the contact details set out in paragraph 4.1(v) above.

10.4 You have a right to access the credit related information that PUL holds about you, to correct that credit related information and to make a complaint about PUL’s handling of your credit related information, as set out in clauses 6 and 7 of this Policy.

10.5 You also have a right to request that credit reporting bodies do not use credit related information held by them for the purposes of pre-screening of any direct marketing by credit providers. If you would like to make such a request, please contact the credit reporting bodies using the contact details set out in paragraph 4.1(v) above.

10.6 If you believe that you have been a victim of fraud, you have a right to contact the credit reporting bodies and ask them not to use or disclose your credit related information. If you would like to make such a request, please contact the credit reporting bodies using the contact details set out in paragraph 4.1(v) above.

11 Tracking Technologies

11.1 PUL and its marketing partners, affiliates, or analytics or service providers, use technologies such as cookies, beacons, tags, and scripts, to analyze trends, administer the website, tracking users’ movements around the website, and to gather demographic information about our user base as a whole. PUL may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.

11.2 PUL uses Internet technologies like cookies and web beacons to facilitate the services we provide on our websites and your use of our websites, including for the following reasons.
i. To assist PUL in providing services to you.
ii. To allow you to change web pages during your visit without having to re-enter your password.
iii. To store your preferences and other information and to track activity on the PUL website.
iv. To better understand the effectiveness of PUL’s promotional campaigns.
v. To determine whether you came to the PUL site from a banner ad or an affiliate website.
vi. To deliver Information specific to your interests on additional web sites.
vii. To determine whether you’ve acted on PUL’s promotional messages.

NOTE: A “cookie” is a text file placed on your computer’s hard drive by a web server, which allows for personalisation of certain aspects of your visit to that website. “Web beacons” are transparent electronic images placed in the web code that collect non-personal data while visiting a website. Cookies and web beacons can usually be disabled by changing your browser preferences. Your browser usually has documentation on how to disable cookies and web beacons. Note that disabling cookies may limit the performance of PUL’s websites. If cookies are disabled, certain features of PUL’s websites may not function properly, and you may not be able to register or use your online account.

11.3 PUL partners with a third party to either display advertising on the PUL website or to manage PUL’s advertising on other sites. PUL’s third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

11.4 PUL gathers certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. PUL does not link this automatically collected data to other information it collects about you. 

11.5 PUL uses Local Shared Objects, such as Flash cookies, and Local Storage, such as HTML5, to store content information and preferences. Third parties with whom PUL partners to provide certain features on the PUL website or to display advertising based upon your web browsing activity also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5. To manage Flash cookies, please visit: Macromedia Flash.

12 Other Information

12.1 The PUL website includes Social Media Features, such as the Facebook Like button, and Widgets, such as the Share This button or interactive mini-programs that run on our website. These Features may collect your Internet protocol address, which page you are visiting on the PUL website, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our website. Your interactions with these Features are governed by the privacy statement of the company providing it.

12.2 The PUL website may be linked to or from third party websites. These links are provided as a convenience only. PUL is not responsible for the content or privacy principles of websites that are linked to or from the PUL website. You are advised to review the privacy policies of any third party websites you visit.

13 Availability and changes to this Policy

13.1 This Policy is available on the PUL website. PUL may change this Policy from time to time. Any updated versions of this Policy will be posted on the website. If PUL makes any material changes PUL will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. PUL encourages you to periodically review this page for the latest information on PUL’s privacy practices.