1.How the Company collects your Personal Information
The Company collects your Personal Information primarily as a result of correspondence the Company engages in with you and third parties on your behalf. In the event of a complaint, we may also receive Personal Information about you from other parties who may communicate information to us in relation to that complaint. The Company may also collect Personal Information from sources that are publicly available such as websites, journals and phone books. Sometimes, the Company collects Personal Information about the Company’s customers and suppliers from its agents, representatives or distributors.
A cookie is a piece of data temporarily stored on a computer user’s hard drive containing information about the user. The cookie helps the user to save time. For example, by setting a cookie on a Website, the user may not have to log in a password more than once, thereby saving time while on the Website. Web browsers can be set to reject cookies. If a user rejects cookies they may still use the Company’s Website, but may not be able to take advantage of certain features.
Cookies help the Company evaluate your use of our Website, such as what kind of information you want to see and what kind you will never read. Cookie technology allows websites to ask for your registration and preference questions only once. The next time you return to the Company’s Website, you will not necessarily need to “sign in” again. Remember that cookies are “non-executable” pieces of code; that is, they are incapable of doing anything to your hard drive.
Cookies are easy to delete from your hard drive; talk to your systems administrator or your Internet provider for detailed instructions.
- Kinds of Personal Information that the Company holds about you
The Company only holds your Personal Information if it is relevant to providing the services and products that the Company provides. Personal Information generally includes your name, address, contact details, including both or either postal and/or email addresses, occupation, hobbies, interests, payment details, account number, records of correspondence and billing and credit status and statements. If you are one of the Company’s suppliers, the Company may collect other Personal Information about you that the Company feels is necessary, such as the nature of the products or services that you supply, quotes that you provide and your direct credit details. If you are a non-profit organisation that the Company has agreed to assist, the Company may collect Personal Information about how you make use of the products or services that the Company provides to you. In certain circumstances, the Company may hold sensitive Personal Information about you, such as information about your race, ethnic origins, family medical history and status, previous illnesses or injuries or current or expected state of health. However, the Company will only do so if it has been collected with your express consent.
- Personal Information and Children
- How the Company holds your Personal Information
Depending on the circumstances, the Company may hold your Personal Information in either hard copy or electronic form, or both. Generally, a copy of all written correspondence is held in hard copy and the Company’s client database and email correspondence is held in electronic format.
- How the Company uses your Personal Information
The Company uses your Personal Information:
- to provide you with its products and services;
- to facilitate its customer relationship with you;
- for internal purposes such as procedural assessments, risk management, product and service reviews, staff training, accounting and billing; and
- to identify, and inform you of, products and services that may be of interest to you.
If you are one of the Company’s suppliers, the Company may use your Personal Information to facilitate its business relationship with you, for example, to assess goods or services that you supply or to review a commercial proposal that you have put to the Company.
We may use IP addresses in order to analyse trends, manage our Website, track users’ movements and gather broad demographic information. IP addresses are not linked to Personal Information.
- How the Company discloses your Personal Information
Generally, the Company will only disclose your Personal Information for a purpose that is related to the product or service that the Company is providing to you. This may include disclosures to organisations that provide the Company with professional advice, such as solicitors, accountants and business advisors, and to contractors to whom the Company outsources certain functions, such as mailing houses, electronic network administrators and debt collection agencies. However, where possible, the Company takes contractual measures, and, in all other circumstances, takes all reasonable measures, with the Company’s contractors to ensure that they comply with the privacy standards set out in the Privacy Act 1988 (Cth) and any other applicable law. If the Personal Information that the Company is disclosing is of a highly sensitive nature, the Company may require its contractors to complete their work in-house and will not permit them to disclose that Personal Information to subcontractors.
The Company may also disclose Personal Information where it is expressly permitted under the Privacy Act 1988 (Cth) and any other applicable law, for example, where it is with your consent or where the Company is legally required to do so, such as under a court order or taxation laws. Also third parties may unlawfully intercept or access transmissions or private communications. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant, and do not warrant, the security, privacy or confidentiality of any information, including Personal Information that you transmit to us, and you do so at your own risk.
In the unlikely event that we need to investigate or resolve problems or enquiries, we can (and you authorise us to do so) disclose any Personal Information about you to private entities, law enforcement or other government officials as we, in our discretion or as may be required under law, believe necessary or appropriate. In such cases, we will notify you in writing.
- Sharing of your Personal Information
We may share aggregated demographic information with our partners and advertisers. This is not linked to any Personal Information that can identify any individual person.
We may use outside shipping companies and credit card processing companies to bill users for goods and services. These companies do not retain, share, store or use Personal Information for any secondary purposes and our agreements with such providers restrict the use of that information.
From time to time, we may partner with another party to provide specific services. We may share names, or other Personal Information that is necessary for the third party to provide these services. These parties are not allowed to use Personal Information except for the purpose of providing these services.
- Third Parties Generally
We may provide to third parties your Personal Information that does not allow you to be identified or contacted, including where such Personal Information is combined with similar information of other customers or suppliers. The third parties to which we may provide your Personal Information may include potential or actual advertisers, commercial partners, sponsors, licensees, researchers and other similar parties.
- Outside Contractors
We may engage independent contractors, vendors and suppliers (collectively, “Outside Contractors“) to provide specific services and products related to our products and services. These Outside Contractors may sometimes have limited access to information collected by us, including your Personal Information, in the course of providing products or services to us. Access to your Personal Information by these Outside Contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function for us. We also require that these Outside Contractors:
(b) not use or disclose your Personal Information for any purpose other than providing us with products or services for which we contract.
- Third Party Sellers
- Sale of Business
- General Considerations
Please keep in mind that:
(a) whenever you voluntarily disclose Personal Information online, that Personal Information can be collected and used by others, without your prior consent or knowledge. If you disclose such Personal Information, that is accessible to the public, you may receive unsolicited messages from parties who have used that Personal Information; and
(b) you are solely responsible for maintaining the security of your passwords and/or any account information. Accordingly, please be careful and responsible with your Personal Information, whenever you are online.
Please note that if you provide any Personal Information to parties other than us, different rules may apply to their use or disclosure of the Personal Information you disclose to them. We encourage you to investigate and ask questions before disclosing Personal Information to any of those third parties.
- How the Company secures your Personal Information
The Company holds all hard copy and electronic records of Personal Information in a secure manner to ensure that they are protected from unauthorised access, modification or disclosure. The Company’s staff follow strict information handling procedures and the Company only permits those staff whose tasks require use of your Personal Information to access it. The Company deletes your Personal Information once it is no longer needed or required to be kept by law.
- Your right to lodge a complaint
If you are not satisfied with how the Company has handled your Personal Information, you are entitled to lodge a complaint with the Federal Privacy Commissioner. Information regarding how to lodge a complaint is available from the Commissioner’s website at www.privacy.gov.au or by ringing the Commissioner’s information line on 1300 363 992. However, before investigating a complaint, the Commissioner is legally required to be satisfied that you have first expressed your concern to the Company to afford it an opportunity to resolve the complaint directly, unless it is inappropriate for you to do so. You may lodge a complaint with the Company’s Privacy Officer either by mail to 5 / 115 Clarence Street, Sydney NSW 2000, Australia, or by email to email@example.com. The Company will inform you who will handle your complaint and you may contact the Company’s Privacy Officer to enquire about the progress of the complaint at any time.
If you are a user in the European Union (EU), please see section 18 below.
- Your right of access
You may request access to your Personal Information at any time by sending a written request to the Company’s Privacy Officer by mail to 5 / 115 Clarence Street, Sydney NSW 2000, Australia, or by email to firstname.lastname@example.org. If you are a user in the EU, please see section 18 below.
In your request, please state how you would like to obtain access. For example, you may like to inspect the Company’s records of your Personal Information at the Company’s premises or you may prefer to be sent a photocopy or an electronic version of your Personal Information. You do not need to provide a reason for your request. Once the Company’s Privacy Officer has verified your identity, your request will be forwarded to the Company’s information systems manager who will acknowledge receipt of your request within 14 days and arrange for access to be provided to you in an appropriate manner within a reasonable time, usually within 30 days of receipt of your request. The Company may charge a reasonable fee for providing access if a significant amount of time is required to locate your Personal Information or to collate or present it in an appropriate form. The Company will notify you in advance of any likely charges (or the basis for their calculation) for providing access to your information. If your account is held in conjunction with another individual, the Company will provide each person named on the account with access to Personal Information held about each account holder.
In rare circumstances, and only where it is permitted under the Privacy Act 1988 (Cth) and other applicable law, the Company may not be able to provide you with access to your Personal Information; for example, where it will have an unreasonable impact on the privacy of others, where it relates to legal proceedings between the Company and you through which the Personal Information would not otherwise be available, where it would be prejudicial to negotiations the Company is holding with you, where the Company is required by law to withhold the Personal Information or where it would reveal information relating to the Company’s commercially sensitive decision making processes. If the Company is unable to provide you with the requested access, the Company will state why this is so and consider whether the use of an intermediary would be appropriate to provide you with an explanation of the Company’s position.
- You may correct your Personal Information
If your Personal Information is out-of-date or incorrect, you may inform the Company of this and the Company will correct it for you. In the unlikely event that the Company disagrees about the accuracy of the Personal Information provided and is unable or unwilling to change it, you may provide the Company with a statement indicating that you dispute its accuracy and the Company will associate that statement with your Personal Information in such a manner that it will be brought to the attention of each person who uses the Personal Information.
- Your choices regarding the collection, disclosure and distribution of Personal Information
Users of our Website are notified when Personal Information is being collected by third parties on our Website. We do this so you can make an informed choice as to whether you should disclose information to a third party.
- Promotional Information
The Company would like to send you marketing communications and newsletters about goods and services that the Company believes may be of interest to you. However, the Company understands that you may not wish to receive such material. If so, please inform the Company’s Privacy Officer of this by email to email@example.com and the Company will ensure that your name is removed from its mailing list. If you are a user in the EU, please see section 18 below.
- Transfer of your Personal Information overseas
- Further Information
The Company will, upon receipt of your request, provide you with further information regarding your privacy. If you have any queries or requests in this respect, please contact the Company’s Privacy Officer by email to firstname.lastname@example.org.
- Personal Data (European Union users)
EU User Rights
If you are a user of our products and services in the EU, the Company’s processing of your Personal Data must be in accordance with the EU General Data Protection Regulation (GDPR). Under the GDPR, if you are a user in the EU, you have a right to:
- request an explanation of the Personal Data that the Company has about you and how the Company uses that Personal Data;
- receive a copy of the Personal Data that the Company has collected about you if the Personal Data was:
- collected with your consent; or
- required by the Company to provide the products and services on your request;
- request the correction of any of your Personal Data held by the Company that you believe is inaccurate;
- request the deletion of your Personal Data held by the Company under certain circumstances; and
- object to the Company’s processing of your Personal Data, including for marketing purposes based on profiling and/or automated decision making.
Grounds for Processing
In accordance with the GDPR, the Company processes Personal Data under the following legal grounds:
- The processing of Personal Data is necessary for the Company to provide goods and services. An example can be seen in the processing of identification and credit card details to facilitate accommodation bookings with third parties.
- The processing is necessary for the Company to protect the interests of users and/or others. This will include disclosing Personal Data to the relevant law enforcement authorities in the event the safety of a user or another person is at risk.
- The processing is necessary for the Company’s legitimate interests. This will include processing for the purpose of providing customer service, for direct marketing purposes and to enforce the Company’s Terms & Condition
- The processing was consented to by the user. You may revoke your consent at any time. However, the revocation of your consent may limit the products and services that we are able to provide or that you may have access to.
If you reside in the EU, the Company’s data representative is:
Stephanie Karst-McGrath (Australia), Katja Thiele (New Zealand), Monika Oldenburg (South Pacific Islands)
If you would like to review, correct, update, suppress, restrict or delete any of your Personal Data held by the Company or if you would like to receive an electronic copy of your Personal Data to transmit to another company or Personal Data controller, please contact us at the address above.
For your protection, we may need to verify your identity and/or conduct further verification checks before fulfilling your request but will endeavour to comply with your request as soon as reasonably practicable.
Transfers of Personal Data
Due to the nature of the products and services provided by the Company, the transfer of Personal Data to different countries is essential. The Company will comply with applicable laws when transferring Personal Data to entities in different countries but data standards may be different to those of your country of residence. By using the products and services provided by the Company, you understand and consent to the cross-border transfer of your Personal Data.
In certain circumstances, the courts and regulatory authorities in other countries may be entitled to access your Personal Data.