Privacy Policy – Emalayali Events

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Privacy Policy

We welcome you to www.emalayali.com.au and thank you for your interest in this Privacy Policy. eMalayali (“we” or “us”) is committed to protecting and respecting your privacy and the protection of your Personal Information.

This policy together with our Cookie Policy sets out the basis on which any Personal Information (as defined in Australia’s Privacy Act (“Privacy Act”)) we collect from account holders, users, or visitors to our Platform, or that is uploaded to our Platform, will be processed by us.

Account holders, users and visitors of our Platform or owners of Personal Information collected by us (each, “you”) should read the following carefully to understand our views and practices regarding your Personal Information and how we will treat it.

By providing any Personal Information to us, you consent to the collection, use, disclosure, and transfer of such Personal Information in the manner and for the purposes set out below.

What are the relevant legal bases for processing your data?

In accordance with the Privacy Act processing your data is only allowed when we have a sufficient legal basis to do so and unless the legal basis is not specifically mentioned, the following applies:

Consent – This is where we have asked you to provide explicit permission to process your data for a particular purpose.
Contract – This is where we process your information to fulfill a contractual arrangement, we have made with you.
Answering your business enquiries – This is where we process your information to reply to your messages, e-mails, posts, calls, etc.
Legitimate Interests – This is where we rely on our interests as a reason for processing, generally this is to provide you with the best service in the most secure and appropriate way. Of course, before relying on any of those legitimate interests we balance them against your interests and make sure they are compelling enough and will not cause any unwarranted harm.
Legal Obligation – This is where we have a statutory or other legal obligation to process the information, such as for the investigation of crime.

The Australian Privacy Principles

The Privacy Act requires adherence to the following Australian Privacy Principles:

APP 1: Open and transparent management of Personal Information. This ensures that App entities manage Personal Information in an open and transparent way. This includes having a clearly expressed and up-to-date privacy policy.
APP 2: Anonymity and pseudonymity. Requires App entities to give individuals the option of not identifying themselves, or of using a pseudonym. Limited exceptions apply.
APP 3: Collection of solicited Personal Information. Outlines when an App entity can collect Personal Information that is solicited. It applies higher standards to the collection of sensitive information.
APP 4: Dealing with unsolicited Personal Information. Outlines how App entities must deal with unsolicited Personal Information.
APP 5: Notification of the collection of Personal Information. Outlines when and in what circumstances an App entity that collects Personal Information must tell an individual about certain matters.
APP 6: Use or disclosure of Personal Information. Outlines the circumstances in which an App entity may use or disclose Personal Information that it holds.
APP 7: Direct marketing. An organisation may only use or disclose Personal Information for direct marketing purposes if certain conditions are met.
APP 8: Cross-border disclosure of Personal Information. Outlines the steps an App entity must take to protect Personal Information before it is disclosed overseas.
APP 9: Adoption, use or disclosure of government-related identifiers. Outlines the limited circumstances when an organisation may adopt a government-related identifier of an individual as its own identifier or use or disclose a government-related identifier of an individual.
APP 10: Quality of Personal Information. An App entity must take reasonable steps to ensure the Personal Information it collects is accurate, up-to-date and complete. An entity must also take reasonable steps to ensure the Personal Information it uses or discloses is accurate, up-to-date, complete and relevant, having regard to the purpose of the use or disclosure.
APP 11: Security of Personal Information. An App entity must take reasonable steps to protect the Personal Information it holds from misuse, interference, and loss, and from unauthorised access, modification, or disclosure. An entity has obligations to destroy or de-identify Personal Information in certain circumstances.
APP 12: Access to Personal Information. Outlines an App entity’s obligations when an individual request to be given access to Personal Information held about them by the entity. This includes a requirement to provide access unless a specific exception applies.
APP 13: Correction of Personal Information. Outlines an App entity’s obligations in relation to correcting the Personal Information it holds about individuals.

Rights

With regard to your Personal Information, you have the following rights:

Right to information about the Personal Information concerned.
Right to rectification of inaccurate Personal Information.
Right to erasure of Personal Information.
Right to restriction of processing.
Right to object to processing.
Right to object at any time to the processing of your Personal Information for the purposes of advertising and data analysis.
Right to withdraw the consent if you have given us consent to process your data.

If you wish to assert one of the above rights, you can contact us using info@emalayali.com.au at any time.

Information we may collect

We may collect and process the following data which may contain Personal Information:

information that you provide by filling in forms on our Platform, including information provided at the time of registering to use our Platform, subscribing to any services provided by us, posting material, reporting a problem with our Platform, or requesting further services;
information, data, documents or images that you upload onto our Platform;
details of transactions you carry out through our Platform;
details of your visits to our Platform, resources that you access, and actions you are working on through the Platform;
if you contact us, a record of that correspondence; and
responses to surveys that we send to you, although you do not have to respond to them.

IP Addresses

We may also collect and process information about your device, including where available your IP address, operating system, and browser type, for system administration and to report aggregate information to our business partners. This is statistical data about our users’ browsing actions and patterns and does not identify any individual.

Hosting

To provide our Platform, we use a web hosting service, who process the data mentioned below and all other data that is processed in connection with the operation of our website on our behalf in Singapore. Our Platform is hosted using the services of Hostinger International, Ltd.

Cookies

Please refer to our Cookie Policy for more information on how we use cookies.

Collection of access data and log files

We, or rather Hostinger on our behalf, collect data on every access to our website on the basis of our legitimate interest. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider. Log file information is stored for security reasons (e.g., for the clarification of abuse or fraud) for a maximum of 7 days and then deleted.

Financial Information

To make a purchase, you may need to provide a valid payment method (e.g., credit card). Your payment information will be collected and processed by our authorised payment vendors PayPal and Stripe. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions. If we allow purchases through a third-party platform, the payment method stored with the third-party platform will be charged.

Data storage, Security and Breach Notification

We only store Personal Information for as long as it is necessary for the purposes for which it is processed or for as long as any consent you have given us has been revoked by you. Insofar as statutory retention obligations must be observed, the storage period for certain data may be up to 10 years, irrespective of the processing purposes.

All information you provide to us is stored on our secure servers and we use State-of-the-art internet technologies to ensure the security of your data. In addition, technical and organisational security measures are used to protect the Personal Information you have provided against accidental or intentional manipulation, loss, destruction, or access by unauthorised persons.

Nonetheless, databases or data sets that include Personal Information may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Information may have been compromised, and the notice will be accompanied by a description of the action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.

Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Platform, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.

Uses made of the information

We use information held, including Personal Information, in the following manner:

to ensure that content from our Platform is presented in the most effective manner for you and for your device;
to provide you with information or services that you request from us, and to otherwise carry out our obligations arising from any contracts entered into between you and us;
to provide you with information, listings or services which we feel may interest you, where you have consented to be contacted for such purposes;
to allow you to participate in interactive features of our service when you choose to do so;
to notify you about changes to our services;
to investigate any complaints relating to the use of our Platform or any suspected unlawful activities;
complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
any other purposes for which you have provided the information; and
carrying out whatever else is reasonable or related to or in connection with the above and our provision of goods and/or services to you.

Disclosure of your information

We may disclose your Personal Information to third parties:

for the purposes of providing the services that you request from us, fulfilling our obligations arising from any contracts entered into between you and us, processing payments in connection therewith or otherwise in connection with your use of our Platform;
where a third-party claim that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law, in which case we may disclose your identity to that third party;
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 or assets; or
if we or substantially all of our shares or assets are acquired by a third party, in which case Personal Information held by us about our customers will be one of the transferred assets.

We may also disclose your Personal Information to a governmental or regulatory body, law enforcement, or other authorities, in order to enforce our terms of use for the Platform, to cooperate with any direction, request or order from such parties or to report any suspected unlawful activity.

Consent

By providing your Personal Information to us, you consent to the collection, use and disclosure of your Data by us for the purposes set out in this privacy policy.

Where any Personal Information relates to a third party, you represent and warrant that the Personal Information is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Information for the Purposes. You agree that you shall promptly provide us with written evidence of such consent upon demand by us.

Each use of our services by you shall constitute a fresh agreement for us to collect, use and disclose the Personal Information in accordance with this privacy policy.

You may withdraw your consent and request us to stop using and/or disclosing your Personal Information for any or all of the Purposes by submitting your request to us in writing to info@emalayali.com.au. Should you withdraw your consent to the collection, use or disclosure of your Personal Information, it may impact our ability to proceed with your transactions, agreements, or interactions with us. Prior to you exercising your choice to withdraw your consent, we will inform you of the consequences of the withdrawal of your consent. Please note that your withdrawal of consent will not prevent us from exercising our legal rights (including any remedies) or undertaking any steps as we may be entitled to at law.

Accuracy

We endeavour to ensure that all decisions involving your Personal Information are based upon accurate and timely information. However, we rely on you to disclose all relevant information to us and to inform us of any changes in your Personal Information. As such, please disclose all relevant information necessary for us to provide services to you and ensure all information submitted to us is up-to-date, complete, and accurate. Kindly inform us promptly if there are any changes in your Personal Information.

Third-Party Policies

Our Platform may, from time to time, contain links to and from the websites of our partner networks, business partners and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any Data to these websites.

Data Intermediary

Where we process your Personal Information as a data intermediary on behalf of a third party, we will process your Personal Information in accordance with the instructions of the third party and shall use it only for the purposes agreed between you and the third party. All such Personal Information will be protected and retained in accordance with this privacy policy and the terms of the Privacy Act. We will take steps to inform the third party of any requests, complaints or questions that you may have regarding such Personal Information.

Online presence in social media

We maintain an online presence within social media currently on the basis of our legitimate interests as, in order to be able to communicate with our customers, interested parties, and users active there and to inform them about our services. We process the data of users if they communicate with us within the social networks and platforms, e.g., write posts on my online presence or send us messages.

Direct marketing

From time to time, we may use the Personal Information we collect from you to identify particular listings which we believe may be of interest to you.

You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission to send you marketing information, or sometimes your consent is implied from your interactions or contractual relationship with us. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving marketing communication based on your interactions or contractual relationship with us.

Direct Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent or made by us or on our behalf will include a means by which you may unsubscribe or opt-out.

Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (‘DNT’) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

Do Not Sell

We do not sell data to third parties. However, we might, making available, transfer, and communicate electronically, the consumer’s personally identifiable information by the business to a business affiliated inclusive with a third party but not for monetary but for other valuable considerations.

Personally identifiable information and children

Our services are aimed at people aged 18 and over. We will not knowingly collect, use or disclose Personally identifiable information from minors under the age of 18 without first obtaining consent from a legal guardian through direct offline contact.

Changes

Any changes we may make to our privacy policy in the future will be posted on our Platform and, where appropriate, notified to you by e-mail.

Concerns and Contact

If you have any questions or comments about our Privacy Policy or wish to exercise your rights under applicable laws or withdraw your consent, please contact us using the following contact details:

eMalayali a trading name of INFAUSSIES PTY LTD

Surry Hills NSW 2010, Australia

ABN: 57 658 667 899

Web: www.emalayali.com.au

E-Mail: info@emalayali.com.au

Phone: 0475 829 019

This Privacy Policy was last updated on Tuesday, 20 December 2022

Credit Card

We value the security of your Personal Information. Whenever you pay with your card on www.events.emalayali.com.au we ask you to read and acknowledge the following.

We use PayPal and Stripe.

This means that if you choose PayPal or Stripe as your payment method, your payment will be processed through PayPal or Stripe. In this process, data necessary for the payment process will be forwarded to PayPal or Stripe and stored. In this notice we give you an overview of this data processing and storage by Stripe and explain why we use PayPal and Stripe on our website.

What is Stripe?

The technology company Stripe provides payment solutions for online payments. With Stripe it is possible to accept credit and debit card payments in our web shop. Stripe takes care of the entire payment process. A big advantage of Stripe is, for example, that you never have to leave our website or shop during the payment process and the payment processing is very fast.

What data is stored by Stripe?

If you choose Stripe as your payment method, personal data will also be transmitted from you to Stripe and stored there. This is transaction data. This data includes the payment method (i.e. credit card, debit card or account number), bank code, currency, amount and date of payment. In the case of a transaction, your name, e-mail address, billing or shipping address and sometimes your transaction history may also be transmitted. This data is necessary for authentication. Stripe may also collect your name, address, phone number and country in addition to technical data about your device (such as IP address) for fraud prevention, financial reporting and to fully provide its services.

Stripe does not sell any of your data to independent third parties, such as marketing agencies or other companies that have nothing to do with the Stripe company. However, the data may be shared with internal departments, a limited number of external Stripe partners or for regulatory compliance purposes.

PayPal

PayPal is amongst the most know Payment Processors online. In the context of processing Payment through PayPal, we pass on the following data insofar as it is necessary for the fulfilment of the order. First name, Last name, Address, E-mail address,

PayPal carries out a credit check for various services such as payment by direct debit in order to ensure your willingness and ability to pay. For this purpose, your data (name, address and date of birth, bank account details) are passed on to credit agencies. We have no influence on this process and only receive the result of whether the payment has been made or rejected or a check is pending.

PayPal does not sell any of your data to independent third parties, such as marketing agencies or other companies that have nothing to do with PayPal. However, the data may be shared with internal departments, a limited number of external partners or for regulatory compliance purposes.

If you have any further questions, please contact us, or refer to PayPal’s Privacy Policy or the Privacy Policy of Stripe

Cookie Policy

In this Cookie Policy we, eMalayali, explain what cookies are, why we use them and how you can manage cookies that are placed on your device.

Please read this Policy along with our Privacy Policy which provides additional details about how we use Personal Data and your various rights. This Policy sits in line with Australia’s Privacy Act (“Privacy Act”).

What are cookies?

Cookies are small files that are stored by most Internet browsers to obtain information about visitors so that we can make the web experience more appealing to you. During your visit to our platform, we use four types of cookies.

How do we use them?

We use cookies to:

obtain information about your browser settings, domain name, Internet service provider, operating system, date and time of access, location, and type of device you use to access our platform and to perform system administration.
obtain information about other websites you have visited or the types of searches you have performed in order to improve your experience.
prevent fraudulent activity and improve security.
identify and analyse your browsing preferences and the products you are interested in.
associate your past website behaviour after you have registered with your information on our platform for business and technical purposes.

Some of the cookies used on our platforms are set by us, others are set by third parties on our behalf.

What types of cookies do we use?

Essential cookies: these cookies are necessary for us to provide you with the basic functionality of our platform and cannot be turned off in our systems.
Performance and analytics cookies: these cookies allow us to track visits and traffic sources to measure and improve the performance of our platform.
Functional cookies: these cookies are used to provide enhanced functionality and personalisation during your visit.
Targeting or advertising cookies: these cookies may be set through our platform by our advertising partners to profile your interests and suggest relevant advertising to you.

The Cookies we use

According to the PECR, PDA and PECD, GDPR, the use of functional, analysis and performance or advertising cookies require your consent and thus the legal basis for the use of personal data in relation to cookies, the use of cookies would then be your consent as well as our legitimate interest.

Below you can find more information on what third party services we use as well as their cookies. Please keep in mind that this may be updated from time to time.

Google Analytics

We use Google Analytics, a web analytics service provided by Google LLC, on our platform. Google Analytics also uses cookies to enable our platform to analyse how users use our platform across multiple devices. The information generated by the cookies about your use of our platform is transmitted to and stored by Google, including transmission to the United States. The following data is processed through the use of Google Analytics:

3 bytes of the IP address of the called system of the website visitor (anonymised IP address),
the website called up,
the website from which the user reached the accessed page of our platform (referrer),
the subpages accessed from the website,
the time spent on the website
the frequency with which the website is accessed.

Google states that it will not associate your IP address with any other data held by Google.

You can disable tracking by Google Analytics with future effect by downloading and installing the Google Analytics Opt-out Browser Add-on for your current web browser following this link http://tools.google.com/dlpage/gaoptout?hl=en. The legal basis is our legitimate interest and your consent.

How can I manage cookies?

Each type of cookie serves a specific purpose; when you first visit our platform you will be asked about the use of cookies, and you can easily agree or decline. Accepting all cookies allows you to fully personalise your web experience. You can choose which types of cookies to accept or block, but this may affect your experience with our platform and the services we offer. Nevertheless, you will be able to use the Service even if you refuse to consent to some cookies, except for those that are strictly necessary.

If you are not interested in the benefits that our cookies offer, you can find instructions on how to refuse cookies and delete existing cookies through the “Help” function of your browser. Google Chrome, Mozilla Firefox, Flash cookies, Microsoft Internet Explorer/ Edge, Opera, Safari. You will also learn how to block all new cookies in your browser and what configuration steps are required to receive notification of new cookies.

Very helpful information about cookies in general can be found on these websites: www.allaboutcookies.org or www.cookiepedia.co.uk.

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