The Dark Blue Sea group of companies is part of the Photon Group and offers an exciting range of online products and services including domain name registration, website hosting, domain monetization, domain name resale, expiring and deleted domain name services, reseller services and search engine services.
The Dark Blue Sea group comprises a number of companies that includes:
• Dark Blue Sea Pty Ltd ABN 47 091 509 796
• Fabulous.com Pty Ltd ABN 64 094 218 443 (operates the business Fabulous Domains)
• Fabulous Parking Pty Ltd ABN 16 094 225 091
• Fabulous.com.au Pty Ltd ABN 34 139 626 994
• Roar.com Pty Ltd ABN 99 094 225 064
• Pageseeker.com Pty Ltd ABN 45 090 513 849
• Darkblue.com Pty Ltd ABN 14 094 225 082
• Yexa.com Pty Ltd ABN 12 094 225 073
• Drop.com.au Pty Ltd ABN 79 135 424 878
• Yexa.com.au Pty Ltd ABN 84 137 606 172
• Whois Privacy Services Pty Ltd ABN 65 133 058 741
WHY WE NEED TO COLLECT PERSONAL INFORMATION
Personal information is any information that identifies you or by which your identity can be reasonably determined.
The collection, use and disclosure of personal information is essential to enable us to conduct our business of delivering online products and services to our customers and website visitors. For example most of our products and services require some form of registration or subscription, while others require a payment to be made. Contact details of our customers and website visitors may also be required from time to time to notify them of competition prizes they may have won.
Some of the personal information we collect, including that obtained from our online enquiry/feedback facilities, is used to help us develop and improve the quality of our products and services, which in turn, provides our customers and website visitors with a more satisfying and enjoyable online experience.
Without collecting and making use of your personal information, we may not be able to provide our online products and services to you.
WHAT WE DO WITH YOUR PERSONAL INFORMATION
We use personal information that we collect to conduct our business of delivering online products and services and to continually improve our relationship with you.
In order to do this, we share your personal information with our related companies.
Personal information may be used to enable us to send you online promotional material on our range of products and services. You may at any time notify us that you do not wish to receive this material via the unsubscribe facility accompanying the material. Once you have notified us, we will not send you any further promotional material.
HOW WE COLLECT INFORMATION
Personal Information provided to us
We collect and store personal information that is voluntarily provided by our customers as part of doing business with us. Such information may include a customer's full name, date of birth, addresses (including home, postal and email address) and telephone numbers. We also collect and securely store customer's payment details such as their credit card details (where necessary).
We collect this personal information and make use of these details to provide you with our products and services and to better manage our relationship with you.
Website activity, cookies and related technology
We provide products and services via a number of different websites. When you view one of our websites, our web server records anonymous information such as the time and date the website is viewed and the web pages/URL's requested. This information assists us to improve the structure of our websites and monitor their performance.
We also allow third parties with whom we have entered contractual arrangements (“Advertising Providers”) to serve advertising on our websites.
Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, some parts of our websites, or the products and services provided through our websites, may not function properly or may be considerably slower if you do not enable cookies on your Internet browser.
The National Advertising Initiative (“NAI”) offers an opt-out tool (located at http://www.networkadvertising.org/managin/opt_out.asp) for the purpose of allowing consumers to “opt-out” of the behavioural advertising delivered by its member companies. Some of the third parties with whom we have entered into contractual arrangements are members of NAI.
We may have iframes embedded on our websites and may enter into contractual arrangements with third parties so that they may analyse your online behaviour. These iframes allow for the collection of non-personally identifiable information about your website visits.
When you access our websites, our website servers register the type of web browsers that you are using and your IP address.
We collect IP addresses for the purposes of system administration, to report aggregate traffic information to our customers, fraud detection and to generally audit the use of our websites. When you request pages from our websites, our servers may log your IP address.
We do not normally link IP addresses to any personal information, which means that your session will be logged, but you otherwise remain anonymous.
We can and will use your IP address to identify you when it is necessary to enforce compliance with our terms of service or to protect the integrity of our services and websites, as well as to protect our interests and those of our other customers.
Some services provided by us, such as certain message boards, may display IP addresses along with the message poster's name and message. Please review each service prior to use and only use those services if you are comfortable with their methods of collection and disclosure of personal information.
WHEN WE DISCLOSE PERSONAL INFORMATION
We take all reasonable steps to protect the personal information we hold from misuse and loss and from unauthorized access, modification or disclosure.
We may disclose your personal information where you have consented to us doing so. This consent may be express (eg. in writing or verbal) or implied from your conduct. There may however be times where we are required to disclose personal information without your consent eg. when it is required or authorized by law.
In order for us to conduct our business, it is necessary to disclose personal information to third parties. We may provide your personal information to third parties with whom we have contracted to provide administrative or other services, including to our affiliated website operators. We will ensure that these third parties are either bound by the Australian Privacy Act or subject to an equivalent law of another jurisdiction.
When you utilize our domain name registration services, we provide your personal information to the registry operator for the relevant top level domain name for the purpose of inclusion in their registry database and the WHOIS service as well as to a third party providing registrar data escrow services (as required by our registrar accreditation agreement with the Internet Corporation for Assigned Names and Numbers ("ICANN")). The WHOIS service allows Internet users to query a domain name to find out the identity and contact details of the registrant. The public WHOIS service is a standard feature of domain name systems around the world. Please see auDA's WHOIS policy at http://www.auda.org.au/whois-policy which sets out auDA's guidelines on the collection, disclosure and use of WHOIS data. Please refer to the relevant TLD/ccTLD authority for specific WHOIS data collection policies. We are unable to provide our domain registration services to you without providing your personal information to these parties.
TRANSBORDER FLOW OF PERSONAL INFORMATION
We are in the business of delivering online products and services. The Internet has no boundaries and as such we deal with international organizations and companies such as ICANN, registry operators and other service providers. We reasonably believe that these parties are subject to a law, binding scheme or contract which effectively upholds principles of fair handling of the information that are substantially similar to the National Privacy Principles. Without the transfer overseas to these entities, we will be unable to provide our online products and services to you.
PROTECTING KIDS PRIVACY
We are committed to complying with the provisions of the Children's Online Privacy Protection Act of 1998 (United States) and its rules and regulations. We encourage parents and guardians to spend time online with their children and to participate in the activities offered on our websites.
Notice to Kids
If you are under 13 years of age, we must get your parent or guardian's permission before we can collect any personal information about you, such as your name, date of birth and your hobbies.
You are allowed to give us either your email address, or the email address of your parent or guardian, so that we can contact them and ask for their permission to collect your personal information.
No other information about you should be given to us, or one of our websites, until your parent or guardian has given you permission.
Notice to Parents
Before your child can access most of the interactive products and services we provide, they are required to provide us with certain information about themselves, for example, their name, date of birth and contact details, so that we can register them as a member.
However, before we collect this personal information from your child, they are required to provide us with an e-mail address at which you, their parent or guardian can be contacted, so that we can obtain your consent.
Although users under 13 years of age may be allowed to participate in some contests and promotions, if they win, notification and prizes are sent to the parents or guardians at the address specified in the initial registration process. Publication of contest winners’ names, ages, or images for individuals under 13 require parental or guardian consent.
No information collected from visitors under 13 years of age is used for any promotional purposes whatsoever, unless expressly stated during the collection of this information or during registration for contests or promotions (and in that case, the information collected is used only for the specific contest or promotion).
We do not allow visitors under 13 years of age to be listed in our member directory or to receive direct promotional communications from us.
LINKS TO OTHER WEBSITES
You should be aware that on our affiliated websites, there are links to third party websites. If you "click" on a banner advertisement, a search result or another type of link contained on one of our sites, the "click" may result in you leaving our site and your browser being redirected to a website owned and controlled by a third party.
Whilst we make every reasonable effort to protect the privacy of your personal information, we cannot guarantee the security of any information you disclose online and you do so at your own risk.
You should keep in mind that whenever you give out personal information online, there is a risk that the information can be intercepted and used by third parties without our knowledge. We are in no way responsible or liable for the misuse of personal information obtained in this manner.
ACCESS AND ACCURACY OF PERSONAL INFORMATION
You may request access to any personal information that we hold about you. All requests will be handled as quickly as possible, and we will endeavour to process any request for access within 30 days of its receipt.
We may refuse access to personal information in certain circumstances such as where the information relates to anticipated legal proceedings with you, where denying access is required or authorized by law, where providing access would be likely to prejudice an investigation by an enforcement body or where the request for access is regarded as frivolous or vexatious. If we deny you access to personal information or refuse to correct personal information, we will give you reasons as to why.
ENSURING PERSONAL INFORMATION IS UP-TO-DATE
It is very important that the personal information that we hold about you is complete, accurate and up-to-date. Please notify us immediately if there has been any change to your personal information.
If you register a domain name with us, you will be provided with a unique registry key and/or username/password which may be used to access your personal information as well as to amend/update that personal information.
• Emailing email@example.com
• Telephoning +61 7 3007 0070
• Faxing +61 7 3007 0001
• Writing to us at:
PO Box 757
Fortitude Valley QLD 4006
If you are not satisfied with the result of your complaint to us, you can refer your complaint to the Australian Privacy Commissioner as follows:
• Telephoning +61 1300 363 992
• Writing to:
GPO Box 5218
Sydney NSW 2001
YOUR ACCEPTANCE OF THESE TERMS