Midnight IT services are provided by Midnight IT Group (“Service Provider“) (ABN: 30 623 166 558).
1. Midnight IT services in a nutshell
By using the midnightit.com.au service, you can easily sell your devices to the Service Provider or buy a used new or used device from the Service Provider. Midnight IT is a part of the RT Corp PTY LTD Group (ABN: 30 623 166 558).
In order to provide the Service we collect data about the devices that have been bought or sold via the Service, their sellers, buyers, and payment transactions.
By providing us data you may provide us with information which may constitute a personal data file. You can find detailed information about this personal data file and how we collect, store and process the personal data in this document.
Our in-house IT engineers and hardware specialists assist in executing the Service. Devices are handed over in order to examine the condition of the devices and to erase the data on the devices. We are committed to protecting the privacy of the users of the Service, and we do not supply their information to third parties except to the extent that is described in Chapter 6.
2. Data controller
The data controller is:
Midnight IT Group (ABN: 30 623 166 558)
Level 3 – Trak Centre
443 Toorak Rd, Toorak, VIC 3142
You can contact the data controller via mail, by sending an email to email@example.com.
3. The purpose and legal basis of data processing
Data provided by the users of the Service is an essential part of the Service. The purpose of the Service is to buy and sell Apple devices. Below we elaborate to which other legitimate uses we may need your data.
Providing the Service (legal basis: contract)
As a part of the Service the Service Provider collects personal, contact, and payment information of the users in order to buy and sell devices. The Service Provider collects and uses personal information to be able to identify customers, enable the Service, communicate with the customer, and organise payment transfers. The Service Provider cannot offer the Service if the customer does not provide the information to the Service Provider.
Ensuring and improving the technical functioning of the Service and the website (legal basis: legitimate interest)
Marketing communications, including newsletter (legal basis: legitimate interest and consent)
If you are already our customer (i.e. you have bought from, or sold to us), we may approach you with discounts (we consider our newsletter to be a marketing communication). These communications happens purely on your consent. (legal basis: consent).
If you are not yet a customer but you have for example subscribed to our new letter, we may send you information about discounts along with the newsletter (we consider our newsletter to be a marketing communication). These communications happen purely on your consent. (legal basis: consent)
Remember, whether you are our customer or not, you can unsubscribe from these marketing communications at any time you wish. For more information on your rights, see section 7. Your rights and withdrawing consent.
Fulfilling our legal obligations (legal basis: legal obligation)
Running a business involves some legal obligations that need to be fulfilled, one example of which being the obligation to do book-keeping (accounting). We may have to process your data to ful fill these obligations, mostly if you are our customer.
The Service Provider does not use technical profiling or automatic decision-making in the Service.
4. Information and source of information saved in the register
The Service Provider saves following information about the sellers:
1. Information about the device, e.g.:
- Information about devices the seller has scanned
- Information about the devices the seller has sold to the Service Provider
- Serial number
- Condition of the device
2. Customer information
- Business ID
- Phone number
- Account number
- Information about the owner of the bank account
- Information about the payments concerning the devices
- IP Address
The Service Provider saves following information about the buyers:
1. Information about the device bought, e.g.:
- Serial number
- Condition of the device
2. Customer information
- Phone number
- Payment information
- IP Address
- Information about the devices the user is interested in and wants additional information about (product watch)
Users of the Service provide this information to the Service Provider via the online service. Part of this information can be provided to the Service Provider by Users of the Service via registration, newsletter or contact form in the online service.
The Service Provider may receive data that the device contains. The Service Provider erases the data on the device before the device is delivered further. The Service Provider may use an official maintenance company to erase the data.
The Service Provider receives a part of the payment information from third party payment transaction and credit services. You can find details about the information they collect and how they use it at:
eWay Australia https://www.eway.com.au/privacy-policy
The Service Provider stores the information also after the transaction has taken place.
The information saved by the Service Provider are not particularly sensitive. The Service Provider will notify the registered users without delay if third parties have gained access to the information.
5. How long do we store your data
If you are our customer, we archive the information concerning the sale (i.a. for accounting purposes) and we delete them no later than 6 years from the sale.
If you are not our customer but you have subscribed to our newsletter, we may use the contact details you provided us to send you the newsletter (or other marketing communications) until you unsubscribe, however no longer than for 6 years, after which we will delete your data if we have not heard from you.
6. Disclosure of information
The data controller and the people authorised by the data controller may use the data in the register to offer the Service. The data controller may provide recognisable information to third parties that act as accounting, courier (e.g. Australia post) payment transaction service (e.g. eWay, PayPal and bank) customer data management system (e.g ZenDesk and Mailchimp) customer service partners or as collection agencies for debt collection as well as our parent company RT Corp PTY LTD. We may disclose your personal information to the police, judicial or distrained officers if we are required by law to do so or if you violate our Terms of Service.
7. Your rights and withdrawing consent
The Service Provider does not validate or review the data the customer has provided. The customer has a right to review their data, and to ask for a correction or removal of false information, restrict the use of that information, or resist its use by making a request to firstname.lastname@example.org.
If a registered person wants to review their data they need to provide proper identification.
You can, at any time, withdraw the consent you have given to us for marketing, newsletter or any other purposes (e.g. Notify tool). You can find the unsubscribe-link in every email we send to you or you can contact us directly to email@example.com.
Right to lodge a complaint
The customer has a right to make a complaint about the illegal use of their information to a supervisory authority. In Australia you can do so with the Australian Government https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint
8. Principles of register protection
The data in the register is located on a web service that is strongly encrypted with technical protection methods. The data saved in the register can only be accessed by the employees of the Service Provider.
To monitor and enable the use of the Service, the Service may place cookies on the user’s web browser. Cookies are used to collect the information explained in this policy to the uses explained in this policy. In addition, the Service Provider uses data gathered by cookies to monitor the number of users and downloads of the Service, and to determine the users’ browser types by the Service Provider and/or its partners (Google Analytics).
Google Analytics is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. For more information on Google Analytics cookies, see the official Google Analytics page.
Detailed information about cookies can be found on The Official Australian Government website https://www.australia.gov.au/privacy
10. Cookies used by the Service
We use session cookies which only exist until you close your browser. We also use persistent cookies that exist a longer, predetermined time. Cookies used on our website can be categorised to essential, performance measuring, and functional cookies.
Some of the cookies are essential to enable the use and technical functioning of the website. These cookies don’t collect user information that could be used for marketing purposes, or to remember the web pages the user has visited.
Our performance measuring cookies collect information about how the users use our website (e.g. most visited pages and possible error messages). These cookies do not collect data that can be linked to a certain user, but they are anonymous, and they are used only to improve the performance of the website.
With these cookies our website remembers the selections the user has made (e.g. user name, language, or location), and offer better and more individual features.
Our website contains buttons which make it easier to share content to several different network communication environments. When you select one of these buttons, the cookie can be set from the website you have selected (e.g., Twitter, Instagram or Facebook). These cookies are not in our control. More information about third-party cookies can be found from the third-party website in question.
11. How to manage or delete cookies
Most browsers accept cookies but you can change the browser’s settings, and thus prevent new cookies from being placed, delete existing cookies, or ask for a notification before placing new cookies.