GDPR Compliance

Last updated: January 2024

Our Commitment to GDPR

birch-port is committed to ensuring compliance with the General Data Protection Regulation (GDPR) for all individuals whose personal data we process, regardless of their location. This page outlines how we comply with GDPR requirements and explains your rights under this regulation.

Data Controller Information

birch-port acts as the data controller for personal information collected through our website and services. Our contact details are:

birch-port
Level 8, 123 Collins Street
Melbourne VIC 3000, Australia
Email: [email protected]

Legal Basis for Processing

We process personal data under the following legal bases:

• Consent: When you have given clear consent for us to process your personal data for a specific purpose
• Contract: When processing is necessary for a contract we have with you, or because you have asked us to take specific steps before entering into a contract
• Legal obligation: When processing is necessary for us to comply with the law
• Legitimate interests: When processing is necessary for our legitimate interests or the legitimate interests of a third party, unless there is a good reason to protect your personal data which overrides those legitimate interests

Your Rights Under GDPR

Under GDPR, you have the following rights regarding your personal data:

Right of Access

You have the right to request a copy of the personal data we hold about you. We will provide this information within one month of your request.

Right to Rectification

You have the right to request that we correct any inaccurate or incomplete personal data we hold about you.

Right to Erasure

You have the right to request that we delete your personal data in certain circumstances, such as when the data is no longer necessary for the purpose it was collected.

Right to Restrict Processing

You have the right to request that we restrict the processing of your personal data in certain circumstances.

Right to Data Portability

You have the right to receive your personal data in a structured, commonly used, and machine-readable format, and to transmit that data to another controller.

Right to Object

You have the right to object to the processing of your personal data in certain circumstances, including processing for direct marketing purposes.

Rights Related to Automated Decision-Making

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you.

Data Retention

We retain personal data only for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable laws. When personal data is no longer needed, we securely delete or anonymise it.

International Data Transfers

When we transfer personal data outside the European Economic Area (EEA), we ensure appropriate safeguards are in place, such as:

• Standard contractual clauses approved by the European Commission
• Transfers to countries deemed to provide adequate protection
• Other legally permitted mechanisms

Data Security

We implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including:

• Encryption of personal data where appropriate
• Regular testing and evaluation of security measures
• Access controls to limit who can access personal data
• Staff training on data protection requirements

Data Breach Notification

In the event of a personal data breach that is likely to result in a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours of becoming aware of the breach. Where the breach is likely to result in a high risk to your rights and freedoms, we will also notify you directly.

Exercising Your Rights

To exercise any of your rights under GDPR, please contact us at [email protected]. We will respond to your request within one month. In complex cases, we may extend this period by up to two additional months, but we will inform you of any extension within the first month.

Complaints

If you are unhappy with how we have handled your personal data, you have the right to lodge a complaint with a supervisory authority. In Australia, you may contact the Office of the Australian Information Commissioner (OAIC). For EU residents, you may contact the supervisory authority in your country of residence.

Updates to This Information

We may update this GDPR compliance information from time to time. Any changes will be posted on this page with an updated revision date.