1. Scope and Consent

This Privacy Policy (‘Policy’) describes how Floktu Pty Limited “Floktu” “we” or “us”, with registered office at Level 2, 225A Victoria Street Darlinghurst, NSW, Australia, 2010, collects, uses, stores, shares and protects your personal information. It applies to the Floktu.com website and all related websites, applications, services and tools where this policy is referenced, regardless of how you access or use them.

This Policy is prepared having regard to the obligations Floktu has under the Privacy Act 1988 as amended (including the Australian Privacy Principles) (“Privacy Act”) and to manage personal information in an open and transparent way.

Throughout this Policy, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous or aggregated so that it cannot be used, whether in combination with other information or otherwise, to identify a specific user.

By using a Floktu account, you expressly consent to our collection, use, disclosure and retention of your personal information as described in this Policy and in our Terms and Conditions. We may amend this Policy and our Terms and Conditions at any time by posting the amended terms on this site.

2. Information We Collect

If you register for an account with us, you give us your personal information, and you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in North America.

You may prefer to not identify yourself or use a pseudonym. If you do not identify yourself information gathered will be limited value for future transaction and personalized services.

When you visit our website or use our application, we collect information sent to us by your computer that is reasonably necessary to perform our functions. The information sent to us includes data on the pages you access, your computer IP address the type of operating system you’re using, your location, standard web log data, and other information. Web log data includes the browser type you’re using and traffic to and from our site. This information is not associated with you personally unless you are a registered user.

Floktu shall at the earliest practicable time notify you that it has collected personal information about you where the information has been collected from some other source whether known or unknown including the circumstances of the collection, lawfulness, purpose, any consequence, identity of the other entity and likelihood that the entity will make further disclosures in Australia or overseas.

We collect the following types of personal information in order to provide you with the use and access to our websites, applications, services and tools, and for the additional purposes set out in this Policy:

  • Identity Data including first name, last name, username or similar identifier, and date of birth.
  • Contact Data: Email address, phone number, mobile telephone number, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
  • Transactional Data based on your activities on the sites, billing and other information you provide;
  • Personal Preferences Data information you provide to us through community discussions, interests, member information pages, correspondence, chats, dispute resolution, or shared by you from other social applications, services or websites;
  • Additional Personal Data we ask you to submit to authenticate yourself or if we believe you are violating site policies;
  • Financial Data includes bank account and payment card details.
  • Transaction Data obtained from third parties such as demographic and navigation data; and credit check information, and additional information about you from a credit bureau, as permitted by law;
  • Profile Data includes your username and password, feedback and survey responses.
  • Technical and Usage Data includes information from your interaction with our sites, services, content and advertising, including, but not limited to, device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
  • Marketing and Communications Data using Google’s Google Analytics Demographics and Interest Reporting tool to identify the age, gender, and interests of the users that visit our websites, products, and services.

3. How to Access and Control Your Personal Information

You may wish to access your personal information held by Floktu. On request Floktu will provide you with up to date personal information stored by and on the Floktu servers. The personal information we have access to is controlled by your privacy settings. You should contact Floktu if you become aware that the information contained about you is incorrect. The Floktu servers are not based in Australia, so certain personal information may be stored in North America where the servers are based. Other than for verification and security purposes, your personal information will not be disclosed by Floktu to any overseas entity.

Unsolicited personal information received by Floktu will be destroyed as soon as it is practicable to do so.

4. Use and Disclosure of Information

Our primary purpose in collecting personal information is to provide you with access to our websites, applications, services and tools, and provide you with a safe, smooth, efficient, and customized experience. Information is only collected where it is required and is reasonably necessary. Without consent, Floktu will not use or disclose information about you for another purpose. You agree that we may use your personal information to:

  • Provide services and customer support you request, including service updates;
  • Resolve disputes, collect fees, and troubleshoot problems;
  • Prevent, detect, and investigate potentially prohibited or illegal activities, and enforce our Terms and Condition;
  • Customize, measure and improve our services and the content, layout, and operation of our websites and applications;
  • Compare information for accuracy, and verify it with third parties;
  • Aggregate and/or make anonymous your personal information, so that it cannot be used, whether in combination with other information or otherwise, to identify you;
  • Contact you at telephone numbers we have collected, by placing a voice call or through text (SMS) or email messaging, as authorized by our Terms and Conditions.
  • Provide you with other services requested by you in the manner described when we collect the information; and
  • Combine your personal information with information we collect from other companies and use it for the purposes described above and within this Policy.

5. How We Use the Information We Collect

You agree that we may use your personal information to tell you about our and our corporate family’s websites, applications, services and tools, deliver targeted marketing and promotional offers based on your communication preferences, and customize measure and improve our advertising, based on your ad customization preferences.

We do not sell or rent your personal information to third parties for their marketing purposes without your consent. We may combine your personal information with information we collect from other companies and use it to improve and personalize our advertising and marketing to you.

6. Opting Out of Personal Information Use

If you do not wish to receive marketing and promotional communications from us, you can indicate your communications preference in your Floktu page, or within the direct communication from us.

If you withdraw your consent for the use or disclosure of your personal information for the other purposes set out in this Privacy Policy we may not be able to continue to allow you to have access to our websites, applications, or tools, or to provide you with some or all of the services and customer support offered to our users and authorized under this Privacy Policy and our Terms and Conditions.

7. Our Disclosure of Your Information

We disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations. As stated above, we do not disclose your personal information to third parties for their marketing purposes without your explicit consent. Additionally, Floktu shall make reasonable steps to ensure any recipient, whether in Australia or overseas, does not breach Australian Privacy Principles.

We also share your personal information with:

  • Floktu providers of joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, sites, applications, tools, services and communications. Members of our corporate family will use this information to send you marketing communications only if you have requested their services and will use your personal information in compliance with their respective privacy policies and our global privacy standards
  • Service providers under contract who help with our business operations (such as, but not limited to, fraud investigations, bill collection, affiliate and rewards programs, website operations, and co-branded credit cards)
  • Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service)
  • Law enforcement or regulatory agencies, or authorised third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Floktu user to legal liability. In such events, we will disclose information relevant and necessary to the investigation or inquiry, such as name, city, state, postcode, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history, and anything else we may deem relevant to the investigation Credit bureaus. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report
  • Other business entities, should we plan to merge with or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information will be used or disclosed for any purposes not set out in this policy, you will receive prior notice.

While we use contractual and other measures to ensure protection of personal information, the laws and regulations relating to privacy and personal information protection in other jurisdictions may not be the same as, or similar to, your local privacy laws. The governments, courts, law enforcement or regulatory agencies in these other jurisdictions may be able to request disclosure of personal information through the laws of these countries. In an effort to respect your privacy, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm, financial loss, to report suspected illegal activity, or otherwise keep the community free from bad actors.

8. Quality, Security and Access to Personal Information

Floktu will take all steps as are reasonable in the circumstances to ensure that your personal information collected in accurate, up to date and complete. To the extent that Floktu holds your personal information, it will take all steps that are reasonable in the circumstances to protect the information from misuse, interference and loss; and from the unauthorized access, modification or disclosure. Personal information held by us will be destroyed where it believed that it no longer needs that information for any further purpose for which the information was gathered.

At the request of the individual, Floktu will provide access to all personal information held by Floktu.

If you access our websites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from Floktu, may also be visible to other individuals who use the computer after you.

9. “Cookie” Information

When you access our websites or use our services, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, pixel tags, “Flash cookies,” or other local storage provided by your browser or associated applications (“Cookies”). We use these technologies to: recognise you as a customer; customise services, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our sites and services.

A few important things you should know about our use of these technologies:

  • We offer certain features that are available only through the use of Cookies
  • We use Cookies to help identify you and maintain your signed-in status
  • Most Cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session
  • You are always free to decline our Cookies if your browser permits, although doing so may interfere with your use of some of our sites or services
  • You may encounter Cookies from third parties, known as service providers, that we have allowed on our websites that assist us with various aspects of our website operations and services
  • You also may encounter Cookies from third parties on certain pages of the websites that we do not control and have not authorised. (For example, if you view a web page created by another user, there may be a Cookie placed by that web page).

10. No Spam, Spyware or Spoofing

We and our users do not tolerate spam. Make sure to set your Floktu communication preferences so we communicate to you as you prefer. You are not licensed to add other Floktu users to your mailing list (email or physical mail) without their express consent. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community we will not rent or sell that email address.

11. Accessing, Reviewing and Changing Your Personal Information

Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Floktu password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. Therefore, if your password has been compromised for any reason, you should immediately notify Floktu and change your password.

You can see, review and change most of your personal information by signing on to Floktu. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it.

12. Protecting and Storing Your Personal Information

We store and process your personal information on our computers in Australia. We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorisation controls.

We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings.

13. Closing Your Account; Retention of Personal Information

Upon your request, and subject to the following, we will close your account, and as soon as reasonably possible remove your personal information so that it cannot be viewed by other users. Removal will be based on your account activity and in accordance with applicable law. We may also close or deactivate inactive accounts, or accounts that are used in violation of our Terms and Conditions.

In general, personal information from closed or inactive accounts will be deleted or rendered anonymous as soon as reasonably possibly after the account is closed or deactivated. Under certain circumstances we may retain personal information from closed or inactive accounts for longer. Grounds for doing so would include; prevention of fraud, collection of fees owed, resolution of disputes, to enforce our Terms and Conditions, or to otherwise take actions permitted by law. Under such circumstances this information will be kept as long as it is necessary and relevant for our operations, and to comply with any applicable law.

14. Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others different rules may apply to their use or disclosure of the information you provide to them. Floktu does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

15. International Visitors

The Service is hosted in Australia but is intended for visitors located internationally. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from Australian law, then please note that you are transferring your personal information outside of those regions to the Australia for storage and processing. Also, we may transfer your data from Australia to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including personal information, on or to the Service, you consent to such transfer, storage, and processing.

16. Information About Minors

The Websites are not intended for or targeted at minors under 16, and we do not knowingly or intentionally collect information about minors under 16. If you believe that we have collected information about a child under 16, please contact us at support@floktu.com, so that we may delete the information.

17. Changes and Updates to this Policy

Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.

18. Our Contact Information

If your questions are not answered online, you may write to us at: Floktu Pty Limited. Attn: Privacy Practices, Level 2, 225A Victoria Street Darlinghurst, NSW, Australia, 2010.