Definitions and interpretation
Words such as "include", "including", "for example" "such as" and similar terms are not terms of limitation and do not limit the scope of the relevant subject.
you access the CF Website;
you submit any information to us using any feature (such as an enquiry form) on the CF Website;
you send information to us using any Electronic Communication;
you respond to any survey, poll, or other request for information conducted by, or on behalf of Cool Frank Pty Ltd;
you upload any Content to the CF Website;
you access, use, or receive any Services from us.
You are responsible for the accuracy of any information that you provide to us for any purpose.
What are the kinds of information that we collect
The information may include Personal Information, data on the pages you access, device identifiers, your location, standard web log data, Services related data, and other information as described in the following paragraphs of this clause 3.
"information or an 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 a material form or not."
Web log data
Web log data incudes the browser type you’re using and traffic to and from your browser or other access device.
In order to help protect you from fraud and misuse of your Personal Information, we may collect information about your use and interaction with the CF Website. For example, we may evaluate your computer, mobile phone or other access device to identify any malicious software or activity.
Services related data
Services related data includes:
data relating to the activities relating to your use of the CF Website, or
details relating to any communication otherwise completed by, or in relation to, you through the CF Website or our Services.
If you submit a query or other information on the CF Website, we may collect the following types of information:
contact information, such as your name, address, phone, email and other similar information;
detailed Personal Information, such as your date of birth or other personal identifiers.
Third party data
We may also obtain any information about you from third parties, such as credit bureaus, identity verification services, authentication services (for example if you use Single Sign-on), inbound marketing service providers, online marketing platforms (such as Google or Facebook), social media platforms, and providers of web-tracking data.
We may also collect additional information from or about you in other ways, such as through our support team, results when you respond to a survey or poll, and from interactions with any other person through the CF Website, through any of our social media accounts, information that our sub-contractors collect from or about you, or in person or through Electronic Communication in regard to our Services.
How do we collect and store information
We collect information that you provide to us when we communicate with you.
We collect information sent to us by your telecommunications carrier, internet provider, computer, mobile phone, or other access device when you:
contact us by phone;
receive or respond to messages from us, or send messages to us, using electronic systems including without limitation Electronic Communications or others;
download information, scripts, code, data, images, media, tokens, and other types of Content from our servers;
navigate to the CF Website, or any related pages with a web browser;
submit any information using an enquiry form or by any other method provided on the CF Website;
otherwise use the CF Website to obtain information or Services from us.
We may collect web-tracking information from third parties about your information, product, and service preferences.
We store and process your Personal Information on our computers in Australia, and our contract service providers' computers in the United States of America, and other foreign countries.
We may also store information on your computer or other access device using Cookies.
identify you as a User
enable functionality on and to customise the CF Website and related content;
measure promotional effectiveness;
mitigate risk and prevent fraud; and
to promote trust and safety with our Users and the CF Website.
We may use both session and persistent Cookies. Session Cookies expire and no longer have any effect when you end your session on the CF Website or close your browser. Persistent Cookies remain on your browser until you erase them or they expire.
We may encode our Cookies so that we can interpret the information stored in them. You are free to decline our Cookies if your browser or browser add-on permits, but doing so may interfere with your use of the CF Website
We have no control over third party Cookies
You may encounter Cookies on websites that we do not control (including those you may access from the CF Website), and we are not responsible for third party websites or Systems. For example, if you access a third party website through a link on the CF Website, there may be one or more Cookies placed by the third party web page or an application within it.
What are the purposes for which we collect, hold, use and disclose information
Our primary purpose in collecting Personal Information is to provide you with our Services and information about our Services.
We may also use your Personal Information to (the secondary purposes):
send direct marketing to you relating to us or our Related Entities (subject to clause 5.4);
provide the CF Website, our Services, and customer support;
resolve disputes, collect fees, and troubleshoot problems;
prevent potentially prohibited or illegal activities, and enforce our CF Terms, which can be viewed at https://coolfrank.co/pages/terms-and-conditions
customise, measure, and improve the CF Website;
at any telephone number you provide to us, by placing a voice call or through text (SMS); or
by email messaging at any email address that you provide to us; or
by any means of Electronic Communication as requested or agreed by you; or
compare information for accuracy, and verify it with third parties; or
any other purposes that are essential or incidental to the primary purpose, and other secondary purposes set out above.
Consequences of not collecting information
If we cannot collect information from you for our primary purposes, and to the extent necessary our secondary purposes, it will likely be impossible for us to provide you with our Services, or information about our Services.
Direct marketing op-out
If you do not wish to receive marketing communication from us, outside of the CF Website then you may opt-out at any time by using the unsubscribe or opt-out feature contained in the communication that we send to you. Upon receipt of your opt-out request, we will no longer send you direct marketing information. Please note that such opt out does not affect any direct information request that you have made, or any correspondence relating to Services that we are providing to you, or may provide to you as a result of communication from you.
We may combine information that we collect from you with information we collect from third parties and use it to improve our Services and personalise your experience on the CF Website, personalise and optimise content served up or delivered to you, and personalise any advertising or marketing information displayed on our CF Website or sent to you by other means of communication. We may also use such combined data for enforcing our CF Terms.
Aggregated data used for business development
De-identified information generated by the CF Website, which includes data relating to your use, and use by others, of the CF Website, is used by us for our internal business development purposes.
How and to whom do we disclose information
We may share (disclose or receive) your Personal Information with the following persons, or classes of persons (each an Authorised Recipient).
Related Entities (as defined by the Corporations Act 2001 (Cth).
Service providers under contract who help with our business operations such as fraud prevention, billing, debt collection, payment processing, shipping and transport, marketing, analytics, tracking, and any other technology services.
Law enforcement, government officials, or other third parties pursuant to subpoena, court order, or other legal process or requirements applicable to Cool Frank Pty Ltd or any of its affiliates.
To law enforcement agencies, or contracted investigators, when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our CF Terms.
Other third parties with your consent or direction to do so, which includes such direction caused by you using our Services.
We are not responsible for third parties or their websites
If you create an account, take membership on, or transact directly on a third party website or via a third party application, any information that you enter on that website or application will likely be shared with the owner of that website or application. These sites are governed by their own privacy policies and terms and conditions and you are encouraged to review their privacy policies before providing them with Personal Information. Cool Frank Pty Ltd is not responsible for the content or information practices of third parties.
We do not rent or sell your information to third parties for their marketing purposes
Cool Frank Pty Ltd will not sell or rent any of your Personal Information to third parties for their marketing purposes without your permission.
Do we disclose information to recipients outside Australia
Yes. We disclose information to Authorised Recipients who may be in other countries where the laws on processing Personal Information may be less stringent than in Australia. However, we will take reasonable steps, including entering into agreements with the relevant parties, to ensure that those parties act consistently with our obligations to you in relation to your Personal Information.
How you may contact us about information we hold
How you may access information that we hold
You can request a copy of the information we hold by contacting our Privacy Officer at Privacy@coolfrank.co.
How you may seek to correct information that we hold
email at Privacy@coolfrank.co,
and we will comply with our obligations, if any, to correct or destroy the relevant information, and if you request us to do so we will also notify any third parties to whom the information has been disclosed of the relevant correction or destruction of the information.
How you may make a complaint
If you have a privacy complaint, you should report it in writing by:
emailing our Privacy Officer at Privacy@coolfrank.co.
We aim to:
Acknowledge receipt of all complaints within 10 working days; and
Resolve all complaints within 60 working days, however, this may not be possible in all circumstances.
Where we cannot resolve a complaint within 60 working days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint.
- Any one or more of the Australian Privacy Principles as the context requires.
- Authorised Recipient
- CF Terms
- CF Website
- Our website which may be accessed at: https://coolfrank.co
- Any textual, visual, aural content, including without limitation: text, images, sounds, videos, animations, documents, data, files containing human readable content, any works or subject matter other than works created by a person as protected by copyright laws, or any combination of these things. But expressly excluding any functional software or module that forms a part of the System upon which the Content is stored or accessed. .
- Refer to clause 4.
- Electronic Communication
- Any means of communicating electronically, which includes without limitation:
- Any web chat service;
- Any social media messaging service;
- File sharing or document transmittal service;
- Any video conferencing service;
- Any other form of communication which is conducted using any internet connection, or other means of transmitting data, or streaming media.
- End User Licence Agreement
- Our End User Licence Agreement published on the CF Website from time to time. For the avoidance of doubt, if there is no document titled End User Licence Agreement then any document published on the CF Website which imposes terms and conditions on use of, or access to the CF Website, and if more than one, then each of them.
- Cool Frank Pty Ltd
- Cool Frank Pty Ltd ABN 37 651 121 229
- Personal Information
- Refer to clause 3.2.
- This document, or any previous version, or future variation or replacement as the case requires.
- Related Entities
- Has the meaning provided in the Corporations Act 2001 (Cth).
- Any service that is, or may be, provided by Us, including without limitation the sale or supply of goods.
- A visitor to, or any person that accesses any feature of, the CF Website.