*Updated March 2019
MakMax Australia is committed to providing you with the best possible products and customer service. When entering and using our website www.makmax.com.au, and/or by making an enquiry or booking with us, you agree to the following:
(1) Collection, use and Storage of Personal Information
(b) MakMax Australia collects Personal Information about you for identification and verification, ordering, billing, and for MakMax Australia exclusive offers, competitions and marketing promotions.
(c) Any Personal Information we collect from and hold about you [whether by electronic means or otherwise] will be treated as confidential and used in accordance with this Policy. By providing us with the requested information you agree that collection of such information is reasonably necessary for us to collect such information. Your Personal Information may be stored in hard copy documents, or electronically on MakMax Australia software or systems, or via cookies and log files. MakMax Australia is committed to keeping your personal information secure, and we will take all reasonable precautions to protect your personal information from unauthorised access, loss, misuse or alteration.
(d) We collect your Personal Information when you complete a “Contact us” form or enter a competition on our website www.makmax.com.au or when you make an enquiry. We store information that is collected in our customer database and via cookies and log files.
(e) You are not obligated to provide any Personal Information to us; however, failure to provide Personal Information to us may result in us being unable to fulfil an order or request for assistance and service. If you do not want us to collect non-personal information, you should not enter our website and should delete your cache and browser records on exit.
(f) we may collect your non-personal information [optional inclusion: such as browser type, version and language, operating systems, page access times and referring website addresses] for tracking information, statistics, and marketing research purposes. This information is used solely internally to allow us to review activity and improve our services.
(g) Except as provided for in this Policy, we will never sell, barter, share, or rent your Personal Information to any third party without your express written consent. we may provide your information to our third party MakMax Australia’s [who may be situated outside Australia] only in accordance with clause 2 (b) of this Policy.
(2) Use of Confidential Information
(a) MakMax Australia may occasionally hire other companies or contractors to provide services on our behalf. Those companies and contractors will be permitted to obtain only the personal information they need to deliver the service. MakMax Australia takes reasonable steps to ensure that these companies and contractors are bound by confidentiality and privacy obligations in relation to the protection of your Personal Information.
(b) MakMax Australia may also use or share your Personal Information in the following instances:
(i) Among MakMax Australia associated companies or subsidiaries
(ii) To investigate and prevent any fraudulent activity that may be unlawful or potentially harmful to the integrity of MakMax Australia, and
(iii) To improve MakMax Australia services, products and enhance MakMax Australia customers’ overall experience; and
(iv) Where MakMax Australia goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, your Personal Information will, in most instances, be part of the assets transferred; and
(v) Where MakMax Australia or its legal representatives consider disclosure is required to enforce a contract you entered.
(vi) Where MakMax Australia or its legal representatives consider disclosure is required or authorised by or under law or is necessary to comply with a current judicial proceeding, a court order or legal process served on MakMax Australia, its associates or subsidiaries.
(3) Encryption, Cookies and Log Files
(a) Cookies – MakMax Australia uses both session ID cookies and persistent cookies. For the session ID cookie, once you close the browser, the cookie terminates. A persistent cookie is a small text file stored on your hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions.
(b) Log Files – Like most standard website servers MakMax Australia uses log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyse trends, administer the site, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to Personal Information.
(4) Access to Personal Information, Complaints, and Policy Changes
(a) You have the right to request to see and obtain copies of your Personal Information, provided that you give us reasonable notice of such request and the access does not have an unreasonable impact upon the privacy of other individuals or non-disclosure is otherwise permitted or required by law. You may be required to prove your identity prior to MakMax Australia releasing the requested information.
(b) Subject to clause 4 (a), MakMax Australia will give you access to your Personal within a reasonable time after your request and in the manner requested by you, provided that it is reasonable and practicable to do so.
(c) We will destroy Personal Information held by us upon request or otherwise at the time it is no longer needed by MakMax Australia for the disclosed purposes or is otherwise required or permitted to be retained by law.
(e) You may contact MakMax Australia using our contact details specified in clause 6 if you have any complaints about how we have collected, handled or used your Personal Information. If we are unable to resolve your complaint, you may contact the Office of the Australian Information Commissioner, details of which can be found at www.oaic.gov.au.
(5) Copyright and Intellectual Property
(a) Except as otherwise expressly provided for, MakMax Australia reserves all intellectual property rights to materials and images contained on this website and expressly prohibits use of such material without its express written consent.
(b) MakMax Australia shall be entitled to the full and unlimited use of any or all names, photographs, likenesses, images, voice recordings, video recordings, or printed statements from any individual customer or group of customers during their association with MakMax Australia. Additionally, any images, reproductions or photographs shall also be obtainable and optioned for use by MakMax Australia at their sole discretion. No remuneration, payment or permission shall be required of MakMax Australia or from the customers to use such images, recordings, photos or statements.
(6) Contact Information
(a) You may contact us via our website www.makmax.com.au using the form on the Contact us Page.
(a) In the event any of these provisions are inconsistent or incompatible with the Privacy Act 1988 (Cth) or any other applicable law, the inconsistent or incompatible provision invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
(b) This Policy is governed by the laws of Queensland, Australia and the exclusive jurisdiction of the Courts of the same State.
Any third-party trademarks, service marks and logos are the property of their respective owners, MakMax Australia does not claim any ownership or affiliation with these brands or companies unless specified otherwise.
(9) External Content
MakMax Australia may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that MakMax Australia is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.