PRIVACY POLICY & TERMS AND CONDITIONS

PRIVACY POLICY

This Privacy Policy sets out the approach that the Diamond Certification Laboratory of Australia (DCLA) will take in relation to the treatment of Personal Information. It includes information on how DCLA collects, uses, discloses and keeps secure, individuals’ Personal Information. It also covers how DCLA makes the Personal Information it holds available for access to and correction by the individual.

This policy has been drafted having regard to DCLA ‘s obligations under the Privacy Act 1988 (including the new National Privacy Principles and the Privacy Act). This Policy is a public document and has been prepared in light of National Privacy Principle 5, Openness.

  1. 1. COLLECTION

    1. 1.1. DCLA will only collect Personal Information where the information is necessary for DCLA to perform one or more of its functions or activities. In this context, “collect” means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.

    2. 1.2. DCLA collects Personal Information primarily to supply users with services from it and its related companies. DCLA also collects and uses Personal Information for secondary purposes including:

      1. 1.2.1. Account management
      2. 1.2.2. Business planning and product development
      3. 1.2.3. To provide individuals with information, as well as the services of DCLA affiliated companies and other organisations
      4. 1.2.4. To enhance DCLA experience by displaying retailers and/or services that match the personal preferences of individuals based on their previous website browsing history or activity

    3. 1.3. DCLA will not collect Sensitive Information from individuals except with consent and only where it is necessary for DCLA to collect such information for an activity or function.

    4. 1.4. DCLA will not collect Personal Information secretly or in an underhanded way.

    5. 1.5. DCLA will take steps to ensure that individuals on lists are or have been notified of the information as outlined at 1.3.

  2. 2. USE

    1. 2.1 DCLA will obtain an individual’s consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the Use is a related Secondary Purpose, which would be within the relevant individual’s Reasonable Expectations.

    2. 2.2 DCLA Uses Personal Information primarily for the purposes listed in 1.2 above.

    3. 2.3 If DCLA relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:

      • The individual is clearly notified of their right to Opt Out from further Direct Marketing
      • There is only one Use of the information before the Opt Out right is given and this Use applies across all DCLA Related Bodies Corporate (if the information is shared between those Related Bodies Corporate)
      • The individual is given an Opt Out in all further instances of Direct Marketing if they have not previously chosen to Opt Out
      • If the individual Opts Out of all Direct Marketing the Opt Out will be respected by DCLA and all its Related Bodies Corporate.

    4. 2.4 DCLA will not use Sensitive Information for Direct Marketing.

    5. 2.5 DCLA may use Personal Information to avoid an imminent threat to a person’s life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.

    6. 2.6 DCLA will not use Personal Information without taking reasonable steps toensure that the information is accurate, complete and up to date.

  3. 3. DISCLOSURE

    1. 3.1 DCLA may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual. This will include obtaining the individual’s consent for Disclosures made under the credit reporting requirements of the Privacy Act.

    2. 3.2 DCLA may Disclose Personal Information between Related Bodies Corporate. Where information is Disclosed to such a Related Body Corporate, that Related Body Corporate is bound by the original Primary Purpose for which the information was collected.

    3. 3.3 DCLA may Disclose Personal Information to unrelated third parties to enable outsourcing of functions (such as billing, customer relations management and order fulfilment), where that is Disclosure or Use for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual’s Reasonable Expectations.

    4. 3.4 DCLA will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act.

    5. 3.5 DCLA may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.

    6. 3.6 DCLA may Disclose Personal Information to avoid an imminent threat to a person’s life or to public safety.

    7. 3.7 If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose, or upfront consent has not been obtained, DCLA will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.

    8. 3.8 DCLA does not generally sell or share its customer lists on a commercial basis with third parties but if it did, it would only do so if we had the appropriate consent of the individual involved. If the consent provided is conditional, DCLA will take steps to ensure (by contract) that the use of its customer list by third parties does not exceed the scope of the consent.

  4. 4. INFORMATION QUALITY

    1. 4.1 DCLA will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.

    2. 4.2 DCLA will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years from the date of the last customer interaction, unless the law requires otherwise.

  5. 5. INFORMATION SECURITY

    1. 5.1 DCLA requires employees and contractors to perform their duties in a manner that is consistent with DCLA’s legal responsibilities in relation to privacy.

    2. 5.2 DCLA will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within DCLA who have a genuine “need to know” as well as “right to know”.

    3. 5.3 DCLA will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.

  6. 6. ACCESS AND CORRECTION

    1. 6.1 DCLA will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.

    2. 6.2 DCLA will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.

    3. 6.3 Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting DCLA Customer Service, as per the details on the website.

    4. 6.4 DCLA can charge a fee for processing an access request but will generally not do so unless the request is complex or is resource intensive.

  7. 7. OPENNESS

    1. 7.1 DCLA Customer Service representatives will be the first point of contact for inquiries about privacy issues. Individuals wishing to make an inquiry or complaint regarding privacy, should do so by contacting DCLA Customer Service, as per the details on the DCLA website.

    2. 7.2 DCLA websites will contain a prominently displayed privacy statement and will include a copy of DCLA Privacy Policy.

  8. 8. ANONYMOUS TRANSACTIONS

    1. 8.1 DCLA will not make it mandatory for visitors to its web sites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. DCLA may however request visitors to provide Personal Information voluntarily to DCLA (for example, as part of a competition or questionnaire).

  9. 9. TRANSFERRING PERSONAL INFORMATION OVERSEAS

    1. 9.1 DCLA will take reasonable steps to limit the amount of Personal Information it sends to unrelated organisations overseas.

    2. 9.2 If Personal Information must be sent by DCLA overseas for sound business reasons, DCLA will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the National Privacy Principles, preferably as part of the services contract.

  10. 10. GLOSSARY

    Collection Information means the information outlined in 1.3 notified to individuals prior to, or as soon as practical after, the collection of their Personal Information.

    Direct Marketing means the marketing of goods or services through means of communication including written, verbal or electronic means. The goods or services that are marketed may be those of DCLA or a Related Body Corporate or those of an independent third party organisation.

    Disclosure generally means the release of information outside DCLA, including under a contract to carry out an “outsourced function”.

    Opt Out means an individual’s expressed request not to receive further Direct Marketing.

    Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion.

    Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.

    Reasonable Expectation means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the particular purpose.

    Related Body Corporate means that where a body corporate is:

    • A holding company of another body corporate;
    • A subsidiary of another body corporate; or
    • A subsidiary of a holding company of another body corporate, the first mentioned body corporate and the other body corporate are deemed to be related to each other.
    • Sensitive Information means:
    • Information or an opinion about an individual’s:
    • Racial or ethnic origin
    • Political opinions
    • Membership of a political association
    • Religious beliefs or affiliations
    • Philosophical beliefs
    • Membership of a professional or trade association
    • Membership of a trade union
    • Sexual preferences or practices
    • Criminal record
    • Health Information about an individual.
    • Use means the handling of Personal Information within DCLA.

TERMS AND CONDITIONS.

1. THE TRADING FLOOR TERMS OF USE

Please read these terms carefully before using or accessing this site. By using or accessing the site, you agree to be bound by these terms. DCLA may amend these terms at any time and all amendments will take effect immediately on posting of the amended terms. You should also refer to the privacy policy for users.

2. CERTIFIED DIAMONDS

Diamonds accompanied by a grading report from the DCLA laboratory can be listed on the Web Site:

Listing diamonds on the Web Site, which are not accompanied by a DCLA certificate, will result in the subscriber being permanently barred from using the Web Site.

3. NO SYNTHETIC & TREATED DIAMONDS

Only natural, untreated diamonds can be listed on the Web Site.

4. CONFLICT FREE AND ILLICIT

Only diamonds imported into the country under the Kimberly Process can be listed on the Web Site. Anyone listing stones which are found to be outside of the Kimberly process will be permanently barred from using the Web Site. This Infringement will be reported to the relevant authorities. You guarantee that all stones you list on this website have been imported into the country under the Kimberly Process.

5. AVAILABLE FOR IMMEDIATE DELIVERY

All diamonds listed on the Web Site must be available for immediate delivery. Listing diamonds which have already been sold or which do not exist will result in the subscriber being permanently barred from using the Web Site.

6. PRICE AND AVAILABILITY CONFIRMATION

DCLA  will confirm availability and price of the stone. The seller is liable to supply the quoted goods at the listed price. If the stone is subsequently found to be unavailable, this may result in the subscriber being permanently barred from using the Web Site.

7. PRICE AND AVAILABILITY

Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honour inaccurate or erroneous prices. If a product’s listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice.

8. ORDER PAYMENT

Payment for goods ordered, including the transaction fee and shipping charges, must be received by DCLA  before such goods will be shipped to the buyer.

9. SHIPPING

The buyer is liable for shipping charges of the goods to the buyers specified address. Shipping is charged as per the schedule detailed elsewhere on this website. Shipping to DCLA  by the seller is for the sellers account.

10. AGREEMENT BETWEEN USER AND DCLA 

The DCLA  Web Site is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the DCLA  Web Site constitutes your agreement to all such terms, conditions, and notices.

11. MODIFICATION OF THESE TERMS OF USE

DCLA  reserves the right to change the terms, conditions, and notices under which the trading floor Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the DCLA  Web Site. Your continued use of the DCLA  Web Site constitutes your agreement to all such terms, conditions, and notices.

12. MODIFY SERVICES

DCLA  may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.

13. PROPRIETARY RIGHTS

You acknowledge and agree that:

1. The DCLA Web Site and any necessary software used in connection with the Web Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws;

2. The Content contained in sponsor advertisements or information presented to you via the DCLA Web Site or third parties such as advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Except as expressly authorised by DCLA or the relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site, in whole or in part.

14. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

1. Your use of the DCLA  Site is at your sole risk.

2. The Site is provided on an “as is” and “as available” basis.

DCLA  expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement. DCLA  makes no warranty that:

1. The Site will meet your requirements;

2. The Site will be uninterrupted, timely, secure, or error-free;

3. The results that may be obtained from the use of the DCLA Web Site will be accurate or reliable;

4. the quality of any products, services, information, or other material purchased or obtained by you through the DCLA Web Site will meet your expectations; and

5. Any errors in the DCLA Web Site will be corrected.

Any material downloaded or otherwise obtained through the use of the DCLA Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from DCLA  or through or from the DCLA Web Site shall create any warranty not expressly stated. If under any law any terms, conditions or warranties which apply to the supply of goods or services through the Site cannot legally be excluded, restricted or modified then those terms, conditions and warranties apply to the extent required by that law. Except as expressly stated in the terms of use, conditions and warranties that would otherwise be implied are excluded.

15. LIMITATION OF LIABILITY

You understand and agree that DCLA, its related corporations and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if DCLA  has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:

1. The use of, or the inability to use the DCLA Web Site.

2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the DCLA  Web Site.

3. Unauthorised access to or alteration of your transmissions or data;

4. Statements or conduct of any third party on the Site; or

5. Any other matter relating to the Site or products ordered through the Site.

16. TRADEMARK INFORMATION

The DCLA  name and trademarks, including the distinctive slogans and logos, that appear at the Web Site are trademarks of DCLA or other third parties (the Trade Marks). You agree not to display or use or link to the Trade Marks in any manner without prior permission from DCLA  or the relevant third party owner.

17. LINKS TO THIRD PARTY SITES OR SERVICES

This site contains links to sites of third parties. Those sites are not under the control of DCLA  and DCLA  is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by The DCLA . Any link by you to a third party’s site is done at your own risk. DCLA is not responsible for webcasting or any other form of transmission received from any linked site. This site also contains advertisements for third parties (including banner ads or other types of advertisements). Those advertisements may also contain links to other sites controlled by third parties. Any third party pays for its advertising on this site and DCLA  does not recommend or endorse any products or services offered by its advertisers. You must check with the advertiser for information about products or services offered. DCLA  does not endorse any offers made by any third parties and DCLA  is not a party to the making of the offer. The third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.

18. INDEMNITY

DCLA  relies on you observing these terms at all times. You agree to indemnify and hold DCLA  and its officers and employees harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of this site. The indemnity is this clause extends to and covers your breach of these terms.

19. RIGHTS TO USE INFORMATION YOU SEND US

If you send any information to us whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit. This right extends to any ideas you might send us in regard to new or improved products or services.

20. NOTICES

Notices must be in writing and may be given by hand, ordinary prepaid post, facsimile or email. A notice by us to you is taken to be duly given and received –

• If delivered by hand, when delivered;

• If delivered by prepaid ordinary post, on the second business day after posting; and

• If delivered by facsimile, upon completion of transmission and receipt by the sender of the appropriate transmission report; and

• If delivered by email, one business day after sending.

21. GENERAL

These terms are covered by the law in force in the State of New South Wales and the parties are to submit to the non-exclusive jurisdiction of the courts of New South Wales. If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.