GDPR Compliance Statement

Terms of Service

Policies
Last Updated: June 23, 2022

This GDPR Compliance Statement sits in line with our Privacy Policy, is supplemental and applies toall users within the European Union that are using our services. As such The Martec proceeds with alldata processing procedures (e.g., collection, processing and transmission) in accordance withRegulation (EU) 2016/679 (General Data Protection Regulation). Nothing in this Statement isintended to contradict or limit the applicability of the information provided in our Privacy Policy

The following provides you with an overview of the type of data collected and how it is used andpassed on, the security measures we take to protect your data and how you can exercise your rights.

The Controller

The responsible entity according to Art. 24 GDPR is:

Talent Growth Solutions Pty Ltd (ABN 18 135 320 428) Trading as The Martec (hereinafter referred to as “The Martec”).

Contact

You may contact us via e-mail privacy@themartec.com. if you:

  • have any questions about this Policy Statement,
  • wish to file a complaint about a possible violation of data protection laws,
  • have any requests related to your rights, and
  • wish to access, correct incomplete, inaccurate or outdated data.

Please note that deletion of information essential to account management and services may result in termination of services provided to you.

We will make every effort to respond to your requests in the shortest possible time, and always in strict compliance with applicable law. In some cases, requests for deletion may not be honoured immediately, due to a legal obligation.

Your Rights

First of all, we would like to inform you about your rights as a data subject. These rights are standardised in Art. 15 - 22 GDPR. This includes:

  • The right to information (Art. 15 GDPR),
  • The right to erasure (Art. 17 GDPR),
  • The right to rectification (Art. 16 GDPR),
  • The right to data portability (Art. 20 GDPR),
  • The right to restriction of data processing (Art. 18 GDPR),
  • The right to object to data processing (Art. 21 GDPR).

To assert these rights, please contact us. The same applies if you have questions about data processing in our company. You also have the right to lodge a complaint with a data protection supervisory authority.

Legal Bases for Processing

The processing of your personal data may be based on the following legal grounds:

  • Art. 6 (1) lit. a GDPR serves as our legal basis for processing operations where we obtain your consent for a specific processing purpose.
  • Art. 6 (1) lit. b GDPR, insofar as the processing of personal data is necessary for the performance of a contract, e.g., if you purchase a product. The same applies to such processing operations that are necessary for the performance of pre-contractual measures, for example in the case of enquiries about our products or services.
  • Art. 6 (1) lit. c GDPR, insofar as we are subject to a legal obligation that requires the processing of personal data, such as for the fulfilment of tax obligations.
  • Art. 6 (1) lit. d GDPR in the event that vital interests of you or another natural person require the processing of personal data.
  • Art. 6 (1) lit. f GDPR applies on the basis of our legitimate interests, e.g., when using service providers as part of order processing, such as shipping service providers or when carrying out statistical surveys and analyses and logging registration procedures. Our interest is directed towards the use of a user-friendly, appealing, and secure presentation as well as optimisation of our platform, which serves our business interests as well as meeting your expectations.

Duration of Storage and Routine Deletion of Personal Data

We process and store your personal data only for the period of time required to fulfil the purpose of storage or if this has been provided for, in laws or regulations. After the purpose has ceased to exist or has been fulfilled, your personal data will be deleted or blocked.

In the case of blocking, deletion will take place as soon as legal, statutory, or contractual retention periods do not conflict with this, there is no reason to assume that deletion would impair your interests worthy of protection and deletion would not cause a disproportionately high expense due to the special nature of the storage.

Log Files

The legal basis for this data processing is Article 6 (1) sentence 1 lit. b of the GDPR, as the collection and storage of this data is necessary for the operation of the platform in order to ensure the functionality of the platform and to deliver the content of our platform correctly.

In addition, the data serve us to optimise our platform and to ensure the security of our IT systems and the processing is based in this respect on Art. 6 (1) lit. f GDPR. For this reason, the data is stored for a maximum of 7 days as a technical precaution.

We also use this data for the purposes of advertising, market research and to design our services to meet your needs by creating and evaluating user profiles under pseudonyms, but only if you have not exercised your right to object to this use of your data (see information on the right to object under "Your rights").

Contractual Relationship

In order to establish or implement the contractual relationship with our customers, it is regularly necessary to process the personal master, contract and payment data provided to us. The legal basis for this processing is Art. 6 (1) b) GDPR. We also process customer and prospect data for evaluation and marketing purposes. This processing is carried out on the legal basis of Art. 6 (1) lit. f GDPR and serves our interest in further developing our offer and informing you specifically about our offers. Further data processing may take place if you have consented (Art. 6 para. 1 letter a) GDPR) or if this serves the fulfilment of a legal obligation (Art. 6 para. 1 letter c) GDPR).

Commercial and business services

We process information of our contractual and business partners, e.g., customers and interested parties in the context of contractual and comparable legal relationships as well as related measures and in the context of communication with contractual partners (or pre-contractual), e.g., to answer enquiries.

We process this information to fulfil our contractual obligations, to secure our rights and for the purposes of the administrative tasks associated with this information as well as for business organisation. We only disclose the information of the contractual partners to third parties within the scope of the applicable law to the extent that this is necessary for the aforementioned purposes or for the fulfilment of legal obligations or with the consent of the contractual partners (e.g., to participating telecommunications, transport, and other auxiliary services as well as subcontractors, banks, tax and legal advisers, payment service providers or tax authorities).

Unless otherwise specified the purposes of processing are Contractual performance and service, contact requests and communication, office and organisational procedures, administration, and response to requests, visit action evaluation, interest-based and behavioural marketing. And the Legal bases are Art. 6 (1) b) GDPR, Art. 6 (1) c) GDPR, and Art. 6 (1) f) GDPR.

Administration, financial accounting, office organisation, contact management

We process data in the context of administrative tasks as well as organisation of our operations, financial accounting and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are Article 6 (1) (c) GDPR, Article 6 (1) (f) GDPR. Customers, interested parties, business partners and website visitors are affected by the processing. The purpose and our interest in the processing lies in the administration, financial accounting, office organisation, archiving of data, i.e., tasks that serve the maintenance of our business activities, performance of our tasks and provision of our services. The deletion of data with regard to contractual services and contractual communication corresponds to the data mentioned in these processing activities.

In this context, we disclose or transfer data to the tax authorities, consultants, such as tax advisors or auditors, as well as other fee offices and payment service provider.

Furthermore, based on our business interests, we store information on suppliers, and other business partners, e.g., for the purpose of contacting them at a later date. This data, most of which is company-related, is generally stored permanently.

Information processing for the purpose of fraud prevention and optimisation of our payment processes

Where applicable, we provide our service providers with further information, which they use together with the information necessary for the processing of the payment as our processors for the purpose of fraud prevention and optimisation of our payment processes (e.g., invoicing, processing of contested payments, accounting support). This serves to protect our legitimate interests in our protection against fraud or in efficient payment management, which outweigh our interests in the context of a balancing of interests.

Technical services

We process the data of our customers and clients in order to enable them to select, purchase or commission the selected services or works as well as associated activities and to pay for and deliver them or to execute or provide them. The required information is identified as such in the context of the order, purchase order or comparable contract conclusion and includes the information required for the provision of services and billing as well as contact information.

Unless otherwise specified the purposes of processing are Contractual performance and service, contact requests and communication, office and organisational procedures, administration, and response to requests, visit action evaluation, interest-based and behavioural marketing. And, the Legal bases are Contractual performance and pre-contractual inquiries, Legal obligation, and our Legitimate interests.

Data transfer to payment service providers

In order to fulfil the contract, we pass on your data to the company commissioned with the payment, insofar as this is necessary for the payment of our services. Depending on which payment method you select, we pass on the payment data collected for this purpose to the credit institution commissioned with the payment and, if applicable, to payment service providers commissioned by us or to the selected payment service provider. In some cases, the selected payment service providers also collect this data themselves. In this case, the privacy policy of the respective payment service provider applies. The legal basis for the data processing is contract.

Exercising our rights

Based on Art. 6 para. 1 lit. c and f GDPR, we use and store your personal data and technical information to the extent necessary to prevent or prosecute misuse or other illegal behaviour on our platform, e.g., to maintain data security in the event of attacks on our IT systems. This also takes place insofar as we are legally obliged to do so, for example due to official or court orders, and for the exercise of our rights and claims as well as for legal defence.

Enquiries by e-mail or contact form

When contacting us via the provided e-mail address or contact form, the personal data transmitted with the e-mail or contact form will be stored. This data is processed exclusively for the purpose of answering the enquiry. The legal basis for the processing is Art. 6 (1) lit. f.) GDPR or Art. 6 (1) lit. b) GDPR if the enquiry is aimed at concluding a contract. The data will be deleted when the purpose of the processing no longer applies, e.g., the enquiry has been conclusively answered. You can object to the processing of your personal data at any time by contacting us.

Use of customer data for direct marketing purposes

If you have provided us with your e-mail address when using our Services, we reserve the right to regularly send you e-mail offers for similar services. We do not need to obtain your separate consent for this. In this respect, the data processing is carried out solely on the basis of our legitimate interest Art. 6 (1) lit. f.) GDPR in personalised direct advertising. If you have initially objected to the use of your e-mail address for this purpose, we will not send you any e-mails.

You are entitled to object to the use of your e-mail address for the aforementioned advertising purpose at any time with effect for the future by notifying the responsible person named at the beginning. After receipt of your objection, the use of your e-mail address for advertising purposes will cease immediately. If you wish to object to the data analysis for statistical evaluation purposes, you must unsubscribe from the marketing.

Cookies

We use cookies on our web sites. Cookies are small text files that are stored on your device and can be read. A distinction is made between session cookies, which are deleted as soon as you close your browser, and permanent cookies, which are stored beyond the individual session. Cookies can contain data that make it possible to recognise the device used. In some cases, however, cookies only contain information on certain settings that cannot be related to a specific person.

We use session cookies and permanent cookies on our web sites. The processing is carried out on the basis of Art. 6 (1) lit. f.) GDPR and in the interest of optimising or enabling user guidance and adapting the presentation of our platform. You can set your browser to inform you about the placement of cookies. This makes the use of cookies transparent for you. You can also delete cookies at any time using the appropriate browser settings and prevent the setting of new cookies. Please note that our web sites may then not be displayed optimally, and some functions may no longer be technically available.

Insofar as you have given your consent to this in accordance with Art. 6 (1) lit. f.) GDPR, we use the following cookies and other technologies from third-party providers on our web site. After the end of the purpose and the end of the use of the respective technology by us, the data collected in this context will be deleted. You can revoke your consent at any time with effect for the future.

Disclosure of personal data to third parties

a) Disclosure within affiliated companies pursuant to Art. 6 Para. 1 lit. b GDPR
We pass on your personal data for the conclusion and processing of contracts for offers on our platform to affiliated companies. This is particularly necessary so that you can use all our offers. If you contact a store or our customer hotline with questions, complaints or returns as well as other complaints, they will also receive access to your order data in order to be able to process your request.

b) Disclosure to service providers according to Art. 6 para. 1 lit. b and f GDPR
For the operation and optimisation of our platform and our services and for the processing of contracts, various service companies work for us, e.g., for central IT services or the hosting of our platform, for the delivery of services or for the dispatch of newsletters, to whom we pass on the data required for the fulfilment of the task (e.g., name, address).
Some of these companies act for us by way of commissioned processing and may therefore use the data provided exclusively in accordance with our instructions. In this case, we are legally responsible for appropriate data protection precautions at the companies we commission. We therefore agree on specific data security measures with these companies and monitor them regularly.

c) Disclosure to other third parties pursuant to Art. 6 para. 1 lit. c and f GDPR
We will disclose your data to third parties or government agencies within the framework of existing data protection laws if we are legally obliged to do so, e.g., due to official or court orders, or if we are entitled to do so, e.g., because this is necessary for the prosecution of criminal offences or for the exercise and enforcement of our rights and claims.

Data transfer to third countries

As a service provider based in the USA, we take additional measures to ensure an adequate level of data protection for the transfer of personal data in accordance with Art. 44 of the GDPR and thus ensure that the transfer is generally permissible and that the special requirements for a transfer to a third country are met (e.g., by concluding EU standard contracts and additional guarantees, supplementary technical and organisational measures such as encryption or anonymisation).

General technical organisational measures

We have taken a variety of security measures to protect personal information to an appropriate extent and adequately. All information held by us is protected by physical, technical, and procedural measures that limit access to the information to specifically authorised persons in accordance with our Privacy Policy and this Statement.

Our platform is behind a software firewall to prevent access from other networks connected to the Internet. In addition, only employees who need the information to perform a specific job are granted access to personally identifiable information. These employees are trained in security and privacy practices and treat your information confidentially.

The transmission of your personal information during an order transaction in the online shop is encrypted using industry standard Secure Socket Layer ("SSL") technology, (SSL encryption version 3).

Google Analytics

Our web site uses Google Analytics to design and improve the web site according to your needs. Google Analytics uses so-called cookies, which are stored on your terminal device, and which enable an analysis of your use of the platform. The information generated by the cookie is usually transferred to a Google server in the USA and stored there. We use the extension of IP anonymisation (so-called IP masking) on this platform, i.e., your IP address is shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

On behalf of the operator of this platform, Google will use this information for the purpose of evaluating your use of the platform, compiling reports on platform activity and providing other services relating to platform activity and internet usage to the platform operator.

The legal basis for the data processing is Art. 6 para. 1 lit. f) GDPR.

Google's services also include reports on the effectiveness of our advertising measures (including across devices), on the demographics and interests of our users, as well as functions for the cross-device delivery of online advertising if you are the owner of a Google account and have consented to the personalisation of advertising ("Ads Personalisation"). In this case, the legal basis for data processing is your consent to Google (Art. 6 para. 1 lit. a) GDPR).

You can object to the collection or analysis of your data by Google Analytics by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout.

The data sent by us and linked to cookies, user IDs (e.g., user ID) or advertising IDs are automatically deleted after 14 months.

For more information on the terms of use of Google Analytics, please visit https://www.google.com/analytics/terms/.

Changes

This Policy Statement and our commitment to protecting the privacy of your personal data can result in changes to this Policy Statement. Please regularly review this policy to keep up to date with any changes.

Queries and Complaints

Any comments or queries on this Policy Statement should be directed to us. If you believe that we have not complied with this Policy Statement or acted otherwise than in accordance with data protection law, then you should notify us using privacy@themartec.com.