NEXDiamond Privacy Policy, Terms and Conditions

This Privacy Policy outlines the approach NEXDiamond will take in handling Personal Information. It includes information on how NEXDiamond collects, uses, discloses, and secures individuals' Personal Information. It also covers how NEXDiamond provides access to and correction of the Personal Information it holds.

This policy is drafted in accordance with NEXDiamond's obligations under the Privacy Act 1988, including the National Privacy Principles. This Policy is a public document prepared in light of National Privacy Principle 5, Openness.

1. COLLECTION 1.1. NEXDiamond will only collect Personal Information where it is necessary for performing its functions or activities. “Collect” means to gather, acquire, or obtain information where the individual is identifiable or identified.

1.2. NEXDiamond collects Personal Information primarily to provide services to users. It also collects and uses Personal Information for secondary purposes including: 1.2.1. Account management 1.2.2. Business planning and product development 1.2.3. Providing individuals with information and services of NEXDiamond and affiliated companies 1.2.4. Enhancing user experience by displaying relevant retailers and services based on browsing history or activity

1.3. NEXDiamond will not collect Sensitive Information from individuals without consent and only when necessary for its activities or functions.

1.4. NEXDiamond will not collect Personal Information secretly or underhandedly.

1.5. NEXDiamond will ensure individuals are notified of the information collection as outlined in 1.3.

1. USE 2.1. NEXDiamond will obtain consent for the use of non-sensitive Personal Information for secondary purposes at the time of collection unless the use is within the individual's reasonable expectations.

2.2. NEXDiamond uses Personal Information primarily for the purposes listed in 1.2.

2.3. If relying on the Direct Marketing exception, NEXDiamond will ensure:

• The individual is notified of their right to opt-out from further Direct Marketing
• Only one use of the information before the opt-out right is given, applying across all NEXDiamond related bodies corporate
• An opt-out is offered in all further instances of Direct Marketing if not previously chosen
• The opt-out is respected by NEXDiamond and all its related bodies corporate if chosen

2.4. NEXDiamond will not use Sensitive Information for Direct Marketing.

2.5. NEXDiamond may use Personal Information to avoid imminent threats to life or public safety, for law enforcement, or internal investigations into unlawful activities.

2.6. NEXDiamond will ensure the accuracy, completeness, and up-to-date status of Personal Information before use.

1. DISCLOSURE 3.1. NEXDiamond may disclose Personal Information to related or unrelated third parties with the individual's consent. This includes obtaining consent for disclosures made under the credit reporting requirements of the Privacy Act.

3.2. NEXDiamond may disclose Personal Information between related bodies corporate, which are bound by the original primary purpose for which the information was collected.

3.3. NEXDiamond may disclose Personal Information to unrelated third parties for outsourcing functions such as billing, customer relations management, and order fulfillment, where it is a related secondary purpose and has been notified to individuals.

3.4. NEXDiamond will ensure contracts with third parties include compliance with the use and disclosure requirements of the Privacy Act.

3.5. NEXDiamond may disclose Personal Information to law enforcement agencies, government agencies, courts, or external advisers where permitted or required by law.

3.6. NEXDiamond may disclose Personal Information to avoid imminent threats to life or public safety.

3.7. If a disclosure is not for a primary purpose, related secondary purpose, or without upfront consent, NEXDiamond will not disclose Personal Information other than in accordance with the exceptions set out in 3.1 to 3.6 above.

3.8. NEXDiamond does not generally sell or share its customer lists on a commercial basis with third parties but would only do so with the appropriate consent of the individual involved. If the consent is conditional, NEXDiamond will ensure that the use of its customer list by third parties does not exceed the scope of the consent.

1. INFORMATION QUALITY 4.1. NEXDiamond will regularly review its collection and storage practices to improve accuracy.

4.2. NEXDiamond will destroy or de-identify Personal Information after a maximum of seven years from the last customer interaction unless required by law.

1. INFORMATION SECURITY 5.1. NEXDiamond requires employees and contractors to perform their duties consistent with NEXDiamond’s legal privacy responsibilities.

5.2. NEXDiamond will ensure that paper and electronic records containing Personal Information are stored in secure facilities accessible only to authorized personnel.

5.3. NEXDiamond will regularly review its information security practices to maintain ongoing responsibilities.

1. ACCESS AND CORRECTION 6.1. NEXDiamond will allow individuals to access their Personal Information in accordance with the Privacy Act.

6.2. NEXDiamond will correct Personal Information as soon as practicable at the individual's request.

6.3. Individuals wishing to access or correct their Personal Information should contact NEXDiamond Customer Service as per the website details.

6.4. NEXDiamond may charge a fee for processing access requests but will generally not do so unless the request is complex or resource-intensive.

1. OPENNESS 7.1. NEXDiamond Customer Service representatives are the first point of contact for privacy inquiries. Individuals can make inquiries or complaints by contacting NEXDiamond Customer Service as per the website details.

7.2. NEXDiamond websites will display a privacy statement and include a copy of the NEXDiamond Privacy Policy.

1. ANONYMOUS TRANSACTIONS 8.1. NEXDiamond will not make it mandatory for website visitors to provide Personal Information unless required to answer an inquiry or provide a service. Visitors may voluntarily provide Personal Information to NEXDiamond.
2. TRANSFERRING PERSONAL INFORMATION OVERSEAS 9.1. NEXDiamond will limit the amount of Personal Information sent to unrelated overseas organizations.

9.2. If Personal Information must be sent overseas, NEXDiamond will require the receiving organization to handle the information in accordance with the National Privacy Principles, preferably as part of the services contract.

1. GLOSSARY

• Collection Information: Information outlined in 1.3 notified to individuals before or as soon as practical after the collection of their Personal Information.
• Direct Marketing: Marketing of goods or services through various means of communication, including written, verbal, or electronic. The goods or services marketed may be those of NEXDiamond, a Related Body Corporate, or an independent third party.
• Disclosure: The release of information outside NEXDiamond, including under a contract for an outsourced function.
• Opt-Out: An individual’s expressed request not to receive further Direct Marketing.
• Personal Information: Information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.
• Primary Purpose: The dominant reason for collecting information in a particular transaction.
• Reasonable Expectation: An individual’s reasonable expectation that their personal information might be used or disclosed for a particular purpose.
• Related Body Corporate: A holding company, subsidiary, or subsidiary of a holding company.
• Sensitive Information: Information or opinion about an individual’s racial or ethnic origin, political opinions, membership in political associations, religious beliefs, affiliations, philosophical beliefs, membership in professional or trade associations, sexual preferences or practices, criminal record, or health information.
• Use: The handling of Personal Information within NEXDiamond.

TERMS AND CONDITIONS

1. THE TRADING FLOOR TERMS OF USEPlease read these terms carefully before using or accessing this site. By using or accessing the site, you agree to be bound by these terms. NEXDiamond may amend these terms at any time, and all amendments will take effect immediately upon posting. Refer to the privacy policy for users.
2. CERTIFIED DIAMONDSDiamonds with a grading report from the NEXDiamond laboratory can be listed on the website. Listing diamonds without a NEXDiamond certificate will result in permanent barring from the site.
3. SYNTHETIC DIAMONDS Are listed on the website.
4. CONFLICT-FREE AND ILLICIT DIAMONDSOnly diamonds imported under the Kimberly Process can be listed. Listing stones outside this process will result in permanent barring and reporting to authorities.
5. AVAILABLE FOR IMMEDIATE DELIVERYAll listed diamonds must be available for immediate delivery. Listing sold or non-existent diamonds will result in permanent barring.
6. PRICE AND AVAILABILITY CONFIRMATIONNEXDiamond will confirm the availability and price of stones. The seller must supply goods at the listed price. Failure to do so may result in permanent barring.
7. PRICE AND AVAILABILITYData, including prices, may be inaccurately displayed due to system or typographical errors. We reserve the right to correct any errors. If a product's listed price is lower than its actual price, we may contact you for instructions or cancel the order. If shipped, you agree to return the product or pay the difference. Prices are subject to change without notice.
8. ORDER PAYMENTPayment for ordered goods, including transaction fees and shipping charges, must be received before shipping.
9. SHIPPINGThe buyer is liable for shipping charges to the specified address. Shipping details are available on the website. Shipping to NEXDiamond by the seller is the seller's responsibility.
10. AGREEMENT BETWEEN USER AND NEXDIAMONDThe NEXDiamond website is offered to you and conditioned on your acceptance of the terms, conditions, and notices herein. Your use constitutes agreement to all terms.
11. MODIFICATION OF THESE TERMS OF USENEXDiamond reserves the right to change the terms under which the website is offered, effective immediately upon posting. Your continued use constitutes acceptance of the modified terms.
12. MODIFICATION OF THE WEBSITENEXDiamond reserves the right to modify, suspend, discontinue, or restrict access to any portion of the site at any time without notice.
13. GENERAL DISCLAIMERThe website's information, products, and services may include inaccuracies. NEXDiamond disclaims liability for such inaccuracies. The site and related materials are provided "as is" without warranty of any kind.
14. LIABILITY DISCLAIMERNEXDiamond and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the website's information, software, products, services, and related graphics. All such information is provided "as is" without warranty of any kind. NEXDiamond disclaims all warranties and conditions. In no event shall NEXDiamond be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever arising out of or in any way connected with the use or performance of the website.
15. SERVICE CONTACTEmail: info@nexdiamond.com for any inquiries or complaints.
16. TERMINATION/ACCESS RESTRICTIONNEXDiamond reserves the right to terminate access to the website and related services without notice at its sole discretion.
17. TRADEMARKSThe names of actual companies and products mentioned herein may be trademarks of their respective owners. Examples cited are fictitious. No association with real entities is inferred.
18. NOTICESNotices to you may be made via email or regular mail.
19. MISCELLANEOUSThis agreement constitutes the entire agreement between you and NEXDiamond and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NEXDiamond as a result of this agreement or use of the site. NEXDiamond's performance is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NEXDiamond's right to comply with governmental, court, and law enforcement requests. If any part of this agreement is determined to be invalid or unenforceable, the remaining provisions will remain in effect.