Digga Group website privacy notice
1. Privacy notice
At Digga Group, we take your privacy very seriously and we are committed to protecting your personal data.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
2. About the Digga Group
This privacy notice is issued by Digga Australia Pty Ltd (which is the data controller in respect of the personal data collected on this website. Digga Australia Pty Ltd is a member of the Digga Group, which includes the following businesses:
- Digga Australia PTY LTD
- Digga North America LLC
- Digga LIMITED
- Kanga Loaders Global PTY LTD
- Machinery Attachments, Service and Repairs (MASR);
- And all websites and applications including:
- Mobile applications for any of the above (each a 'Digga Group website' and together 'The Digga Group websites')
There will typically be one member of the Digga Group to whom you have given your personal data. This entity would be a 'data controller' in relation to your personal data. The term 'data controller' broadly means the person who determines the purpose and means for which your data is processed. It is possible that you have given your data directly to more than one member of the Digga Group in which case each such member could be a data controller of your data in that context.
Disclaimer – Digga Group members are not liable to you.
Notwithstanding that this privacy notice is issued on behalf of the Digga Group, you are notified that the members of the Digga Group are separate and independent. Your use of the website is subject to the relevant terms and conditions issued by the relevant Digga Group company identified as transacting with you on this website.
Members of the Digga Group shall not have any liability whatsoever for any loss or damage howsoever caused whether to you or anyone else by reason only that they are members of the Digga Group and/or that they are identified as a member of the Digga Group in this privacy notice or elsewhere on the website.
4. What we collect
Your personal data includes any information that you provide to us, that we collect or that we are provided with by third parties and that identifies you, or from which you are identifiable, whether directly or indirectly. We may collect, use, store and transfer the following personal data about you:
- Data you give us:
- When you place an order or make a booking on a Digga Group Website or otherwise;
- When you create an account on a Digga Group Website;
- By filling in forms on a Digga Group Website;
- By downloading or registering with a Digga Group mobile app;
- When you use a Digga Group Website;
- When you sign up to receive email updates from us;
- When you ask us to provide you with marketing communications such as newsletters, updates or information about special events or promotions;
- If you ask us to keep in touch with you or provide you with personalised content (such as targeted advertising);
- if you contact us or correspond with us (for example, by phone, email or otherwise) for any reason; or
- when you provide us with comments, opinions and/or feedback about the Digga Group
- Data we collect about you when you visit or use a Digga Group Website:
- Technical information, including the type of device (and its unique device identifier) you use to access the Digga Group Websites, the Internet protocol (IP) address used to connect your device to the Internet, your unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, your device and component serial numbers, your login information, browser type and version, time zone setting, browser plug in types and versions, operating systems, mobile network information and platform and details of any referring website or application; and
- Information about your visit to the Digga Group Websites including full Uniform Resource Locators (URL), clickstream to, through and from the Digga Group Websites (including date and time), pages you viewed, page response time, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page
- Data other Digga Group members collect about you:
- Any information you provide to a member of the Digga Group may be shared between subsidiaries
- Data we collect from or are provided with by third parties:
- We may be given information about you from third parties, such as tradeshows or anyone making an order on your behalf at Digga Group. We may also collect information that is publicly available, for example, when we interact with you through social media
The provision of certain personal data by you to us (such as your name, email address, contact information, credit card and such other information as may be indicated by the Digga Group) will be compulsory or obligatory for Digga Group to perform the relevant services for the identified purposes. The Digga Group may not be able to perform the relevant services for the identified purposes if you fail to supply the relevant personal data.
Where personal data of a minor is submitted by you, you confirm that you have authority to provide such data to us on behalf of that minor to enable us to process their personal data as described in this privacy notice.
5. How we use your personal data
The Digga Group uses the personal data for relevant purposes where we have a legal basis to use your personal data without consent, this privacy notice fulfils our duty to process personal data fairly and lawfully and in a manner that you would expect given the nature of our relationship with you, by giving you appropriate notice and explanation of the way in which your personal data will be used.
Where consent is required for our use of your personal data as described above, we will request your consent. Typically, we would collect your consent by you performing an action such as ticking the appropriate consent box or otherwise communicating your consent to us (for example, by email or by you providing us with non-mandatory information), you consent to our use of that personal data as set out in this privacy notice. For example, we will only process your personal data for marketing purposes if we have your consent to do so. Please see here for further information on this.
6. Marketing and your choices
We will, if you have given us your consent and in line with your choices, provide you with information by post, telephone, email and SMS, which may be of interest to you in respect of the Digga Group. Where you have consented to receiving our direct marketing online this means that you could be presented with our advertisements while using the Digga Group Websites or the services of our online partners. For example, if you have given us this consent, we may run a Facebook advertisement campaign, which could include our advertisements being presented to you while you are on Facebook. We may also personalize the content that you see using analytical or profiling tools. We will only provide you with marketing communications if you would like us to. You will have the opportunity to clearly set out whether you wish to receive marketing messages from us by ticking the relevant boxes.
7. How we share your personal data
We may disclose your personal data in connection with the purposes described in this privacy notice. This may include sharing your personal data with, or transferring out of the country your personal data to, the following:
- All companies within the Digga Group for marketing, business, administrative and legal purposes, for example payment, verification of membership;
- Service providers, business partners, suppliers, subcontractors or agents who perform functions such as marketing, payment, fulfilment and delivery of orders, administration and processing of payments, Facebook, Twitter, YouTube, LinkedIn, Google Analytics or Instagram (if you use your account with them to sign up / in with us), if applicable;
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services;
- Vendors who provide services to us, such as fulfilling orders, providing data processing and other information technology services, managing promotions, carrying out research and analysis, and personalizing individual Digga Group customer experiences. We do not allow these vendors to use this information or to share it for any purpose other than to provide services on our behalf;
- Government or other law enforcement agencies, in connection with the investigation of unlawful activities or for other legal reasons (this may include your location information;
- Third parties, who acquire us or substantially all our assets, in which case your personal data (including any sensitive personal data) will be one of the transferred assets (however, we will let you know before this happens); and
- Analytics and search engine providers that assist us in the improvement and optimization of the Digga Group Websites
The businesses to whom we disclose your personal data may be in different countries depending on the circumstances. In the ordinary course of business, we may disclose and transfer personal data to the Digga Group companies located elsewhere including in Australia, United Kingdom, the United States of America and subject to the appropriate legal data transfer mechanisms.
The Digga Group may also store, disclose or transfer out of the country personal data as permitted or required by law.
8. Links to third party websites
The Digga Group websites may contain links to other third-party websites and microsites, whose privacy practices may differ from those of the Digga Group. If you submit personal data to any of those sites, your personal data is not subject to this privacy notice.
9. Retention of information
Your personal data will only be retained for as long as it is necessary to fulfil the purposes for which it was collected as outlined in this privacy notice and for satisfying our business (accounting and reporting) or legal requirements, but also to properly resolve disputes or to troubleshoot problems.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In addition, certain information may be stored indefinitely due to technical constraints and will be blocked from further processing for purposes which are not mandatory by law.
Details of retention periods for different aspects of your personal data are available in the Digga Group Data Retention Policy, which you can request from us by contacting us using the contact details set out below.
If you choose to unsubscribe from our mailing list, your personal data will still be retained on our database to the extent permitted by law and in accordance with the Digga Group Data Retention Policy.
10. How we store and secure your personal data
The personal data that we hold about you will be stored either on our servers or using third party data storage providers in Australia or if elsewhere, in compliance with the Australia Privacy Principles 1988, General Data Protection Regulation (GDPR), EU-US Privacy Shield Principles, Payment Card Industry Data Security Standards (PCI-DSS), California Consumer Privacy Act (CCPA) 2018 and any other applicable laws.
We are committed to taking appropriate measures designed to keep your personal data secure. Our technical and organizational procedures are designed to protect your personal data from accidental, unlawful or unauthorized loss, access, disclosure, use, alteration, or destruction. While we make efforts to protect our information systems, no website, mobile application, computer system, or transmission of information over the Internet or any other public network can be guaranteed to be 100% secure. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorized access or inadvertent disclosure.
We may post a notice on our website if a security breach occurs. We may also notify by email or otherwise in these circumstances.
11. Your legal rights
You have the following rights regarding your personal data:
You have the right to access data we hold about you. This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- RECTIFICATION OR ERASURE
Rectification or erasure. You have the right to request that we rectify or delete any personal data that we hold about you (unless we have the legal right to retain it). This right does not extend to non-personal data. Please note that your rights to request erasure may be limited by applicable law.
You also have the right to restrict us from processing your personal data if the data is inaccurate, the processing is unlawful, or we no longer need to your personal data for the purposes for which we hold it.
- DATA PORTABILITY
You have the right to obtain personal data we hold about you, in a structured, electronic format, and to transmit such data to another data controller if the legal basis for processing such personal data is consent.
- OBJECT/CHANGE OF PREFERENCES
Object /change of preferences. You have a right to request that we stop processing your personal data where we are relying on a legitimate interest (or those of a third party). You have the right to object where we are processing your personal data for direct marketing purposes. For example, if you have given your consent to receive updates or other marketing communications, but have changed your mind, you can opt out from receiving such communications going forward by contacting us using the details provided below or by clicking the relevant link in any communications you receive.
For California state (USA) residents only whom Digga Group collects personal information from. Upon exercising your rights under the California Consumer Privacy Act (CCPA), the Company shall not:
- Deny goods and services to you
- Charge a different price for goods and services either through denying benefits or imposing benefits
- Provide you with a different level or quality of goods and services
- Threaten you with any of the above
- DO NOT SELL MY PERSONALL INFORMATION
For California state (USA) residents only. California Consumer Privacy Act (CCPA) requires that a company that sells personal information provide an opt-out option for the sale of personal information. Digga Group will not sell personal information, therefore will not be required to include an opt-out link to comply with CCPA.
If for any reason you are not happy with the way that we have handled your personal data, please see below for further information and contact us. If you are still not happy, you have the right to make a complaint to the Information Commissioner’s Office. To exercise any of the rights mentioned above, please contact us using the contact details below. Where available, you may also be able to access, rectify, request the erasure, export and restrict the use of your personal data, as well as update your preferences.
We will comply with your request to exercise the above-mentioned rights, to the extent required by applicable law. However, if you ask us to stop processing your personal data in certain ways or erase your personal data, and this type of processing or data is needed to facilitate your use of the Digga Group Website or is required for us to provide you with a service (such as to manage your account), you may not be able to use the Digga Group Website or the service as you did before.
This does not include your right to object to the processing of your personal data for the purposes of direct marketing. You can exercise this right at any time without restrictions. Please allow at least three (3) working days for your request to be actioned.
To protect your confidentiality and to comply with applicable data protection laws, we may need to confirm your identity before we can action your request (for example, we will respond to a request as long as the email address is identical to that you have registered with us or otherwise provided to us, we may ask for a scanned copy of your photo ID or for you to confirm details of your transaction history with us). When contacting the Data Privacy Office (details of which you can find below), please state your name and provide valid contact details. As mentioned above, protecting your confidentiality and complying with applicable data protection laws is important to us, the Digga Group may therefore refuse to comply with any request unless it is supplied with such information as it may reasonably require verifying your identity. We will respond to your requests within a reasonable time and in accordance with the applicable data protection laws.
A 'cookie' is a small text file that is placed onto an Internet user’s web browser or device and is used to remember and/or obtain information about the user and a 'web beacon' is a small object or image that is embedded into a web page, application, or email and is used to track activity, which are also sometimes referred to as pixels and tags.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of the Digga Group Websites. They include, for example, cookies that enable you to log into the Digga Group Websites
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the Digga Group Websites when they are using it. They also enable us to see how users use the Digga Group Websites. This helps us to improve the way the Digga Group Websites work
- Functionality cookies. These are used to recognize you when you return to the Digga Group Websites. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region)
- Targeting cookies. These cookies record your visit to the Digga Group Websites, the pages you have visited and the links you have followed. We will use this information to make the website and the advertising displayed on it more relevant to your interests
By accessing a Digga Group Website you accept our use of the cookies. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Digga Group Website.
For more detailed information about cookies and how they can be managed and deleted, please visit www.allaboutcookies.org.
13. Changes to the privacy notice
Any changes we may make to our privacy notice in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy notice. By continuing to visit a Digga Group website or continuing to allow us to retain or process your personal data following any such changes to our privacy notice, it is deemed that you have accepted such changes unless you expressly notify us otherwise in writing where this is permitted by law.
14. Queries, comments and complaints
If you have any questions, comments, requests or complaints about our collection, use or disclosure of personal data, or regarding this privacy notice, please contact us using the details below. Please also contact us if you would like to update or amend any of your personal data which you have provided to us or if you believe our records relating to your personal data are incorrect. When contacting us please provide as much detail as possible in relation to your question, comment, request or complaint.
We would like to reassure you that we will take any privacy complaint seriously and such complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need (for example, your name and valid contact details, as well as proof of identity such as a scanned copy of your photo ID or details about your transactions with us). If we cannot reasonably satisfy ourselves of your identity, we may not be able to deal with your query, comment, request or complaint.
15. Contact us
Data Protection Office
4 Octal Street, Yatala QLD 4207
Fax: +(61) 07 3807 1499
This Privacy Statement is published in the English Language ('English Version;) and in such other languages as set out below. In the event of any inconsistency in the terms of the privacy statement between the English Version and the other relevant version, the terms of the privacy statement in the English Version shall prevail to the extent of such inconsistency.