1 PURPOSE OF OUR POLICY
2 WHO AND WHAT THIS POLICY APPLIES TO
2.3 Our website and services are unavailable to children (persons under the age of 18 years). If you are under 18 years of age, you can only use our website and services if you are under the supervision of a parent or guardian who is over 18.
3 THE INFORMATION WE COLLECT
3.1 In the course of our business it is necessary for us to collect personal information. We will only collect personal information from you to the extent that we consider this to be reasonably necessary for our normal business functions and activities. The personal information collected by us allows us to identify who you are for the purposes of our business, contact you in the ordinary course of business and transact with you. Without limitation, the type of information we may collect about you includes:
(a) Identity Information. We may collect personal details such as your name, location, date of birth, nationality, details of licences and registrations, passwords, employment details and third-party usernames and other information that allows us to identify who you are;
(b) Contact Information. We may collect information such as your email address, telephone and fax number, third-party usernames, residential, business and postal address and other information that allows us to contact you;
(c) Financial Information. We may collect information about your finances such as your bank accounts and credit cards, the value of transactions you undertake with us or through our services, the value of certain assets that you declare to us and other information that allows us to transact with you and/or provide you with our services;
(d) Statistical Information. We may collect information about your online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes; and
(e) Information you send us. We may collect any personal correspondence that you send us, or that is sent to us by other users of the website about your activities.
3.4 You have the option to interact with us anonymously or pseudonymously but only where this is lawful and practicable.
4 HOW YOUR INFORMATION IS COLLECTED
4.1 Most of your personal information will be collected directly by us or our agents in association with your use, custom, enquiry or dealings with us. Personal Information will generally be collected from your inputs when you register or subscribe for a service, open an account or membership with us, use (or enquire about) any of our goods or services and/or access any of our websites. In particular, your personal information is likely to be collected in the following ways:
(a) Registrations/Subscriptions. When you register or subscribe for a service, list, account, connection or other process whereby you enter your personal information in order to receive or access something, including a transaction;
(b) Accounts/Memberships. When you submit your personal information to open and account and/or become a member;
(c) Supply. When you submit your personal information to us in connection with the supply of goods or services; and/or
(d) Access. When you access our premises physically, we may require you to provide us with personal information for us to permit you such access. When you access our websites, we may collect information using cookies (if relevant – you can adjust your browser’s setting to accept or reject cookies) or analytical services.
4.2 We may also collect or receive your personal information from other sources including (but not limited to) the following sources:
(b) your own promotions;
(c) public records;
(d) mailing lists; and
(e) direct marketing database providers;
4.3 There may be other circumstances in addition to those described above in which we collect your personal information both electronically and physically. We will endeavour to ensure that you are always aware of when your personal information is being collected.
4.4 You can refuse to provide your personal information to us. Your refusal may, however, mean that we are unable to provide some or all of our goods or services to you and your refusal may terminate your access to some or all of the goods or services you access with or through us.
5 WHEN YOUR PERSONAL IS INFORMATION USED & DISCLOSED
5.1 The personal information that we collect about you is used by us to enable us to operate our business, especially as it relates to you. We will not, however, allow your personal information to be used or disclosed for any purposes other than those connected with the primary purpose of our collection, or a reasonably related secondary purpose which we believe you should reasonably expect unless:
(a) any such use or disclosure is required or permitted under any law (including the Privacy Act); or
(b) you have otherwise expressly or implicitly consented to that use or disclosure of your personal information.
(a) facilitate and manage the provision of goods and services between you and us;
(b) verify your identity;
(c) communicate with you about:
- (i) your relationship with us;
- (ii) our goods and services;
- (iii) goods and services offered by third parties which we believe you may be interested in;
- (v) marketing and promotions;
- (vi) competitions, surveys and questionnaires; and
- (vii) any requests and enquiries; and/or
(d) investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any fraudulent, deceptive or unlawful activity.
5.3 We (or our third party service providers) may also use your personal information to communicate with you about:
(a) any jobs or any third party education or training courses that you have applied for;
(b) any jobs, third party education or training courses or employers which we or our third party service provider believes match your registration preferences; and/or
(c) enrolling you in education or training courses with third party education or training organisations.
6 SHARING YOUR PERSONAL INFORMATION WITH THIRD PARTIES
6.1 We may disclose your personal information for related purposes to a range of third parties in the course of our business and you expressly consent to us doing so. These third parties may include:
(a) our contracted third party service providers including:
- (i) our external advisors (including lawyers and accountants);
- (iii) marketing and communications agencies;
- (v) information technology service providers; and
- (vi) any other third parties who we engage to perform services, functions or responsibilities on our behalf;
(c) any person to whom we sell (or propose to sell) all or any part of our business or assets;
(d) government bodies or authorities such as ASIC, ATO, APRA, the police or the courts (as required or permitted by law); and
(e) professional or government organisations.
We may also disclose your personal information to third parties who offer goods and/or services that we believe you may be interested in for the purpose of those third parties directly marketing to you.
6.2 You expressly consent to any such third parties using your personal information for any purpose consistent with our lawful use of your information or for any other purpose consistent with the normal functions of the recipient.
6.3 Without limiting any other part of this clause 6, we may engage a third party student recruitment service provider to perform certain business functions. You expressly consent to us disclosing your personal information to a third party student recruitment service provider for the purpose of that provider:
(a) communicating with you (whether by email, phone or instant messaging) about education or training courses offered by third party education or training organisations (“Courses”);
(b) vetting and evaluating your personal information to determine your suitability for Courses;
(c) marketing Courses to you;
(d) where agreed by you, enrolling you into a Course; and
(e) preparing and maintaining relevant records and reports relating to its contact with you (including marketing and Course enrollments).
7 DIRECT MARKETING
7.1 We may use your personal information to send you information regarding products, services or offers (from us or third parties) that we believe you may be interested in. You expressly consent to us:
(a) using and disclosing your personal information for this purpose for an indefinite period of time, unless and until you elect not to receive this information; and
(b) sending you this information by direct mail, email, telephone, SMS or MMS, unless and until you tell us not to contact you in these ways.
7.2 In every instance, we will ensure that our direct marketing material incorporates an option for you to elect to receive no further such communications.
7.3 Please note also that even if you have requested not to receive further direct marketing communications, we may nevertheless continue to provide you with information about changes to our terms and conditions for the supply of goods or services, questionnaires and other factual information. This form of communication is not regarded as “direct marketing” under the Privacy Act.
8 DISCLOSING YOUR PERSONAL INFORMATION OVERSEAS
8.1 We may transfer your personal information to an overseas jurisdiction. In doing so, we will endeavour to ensure that the recipient is located in a jurisdiction which has similar data protection laws, or a similar data protection regime, to that which applies in Australia, pursuant to which you are able to take direct action to enforce your rights. In these circumstances, we will no longer be responsible for the handling of your information by the recipient.
8.2 Where it is not possible for us to ensure your information is transmitted to such a jurisdiction, you nevertheless consent to us transferring your personal information to an overseas recipient for normal business purposes but in such cases we will remain responsible for ensuring your rights under Australian law are not infringed.
8.3 For the avoidance of doubt, we reserve the right to outsource the handling of your personal information to a cloud storage provider located in an overseas jurisdiction.
9 THE SAFETY & SECURITY OF YOUR PERSONAL INFORMATION
9.1 We will take all reasonable precautions to protect your personal information in our custody or control from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
9.3 You acknowledge that the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. You provide information to us via the internet or by post at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not within our control.
9.5 If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.
9.6 To the extent permitted by law, we are not liable for any loss, damage or claim arising out of another person’s use of your personal information.
10 HOW TO UPDATE AND/OR ACCESS YOUR PERSONAL INFORMATION
10.1 We will take such steps as are reasonable to ensure that the personal information which we collect remains accurate, up to date and complete. However, the accuracy of your personal information largely depends on the information that you provide to us. It is your responsibility to provide us with accurate and truthful personal information. We cannot be liable for any information that you provide us that is incorrect.
10.2 If you consider that the information which we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps, consistent with our obligations under the Privacy Act, to correct that information if you so request. We will respond to all requests for access and/or correction within a reasonable time.
10.3 If you have an online account or membership with us, you will most likely be able to update the personal information that we hold about you from within your private account.
10.4 We will provide you with access to your personal information held by us unless we are permitted under the Privacy Act to refuse to provide you with such access. Please contact us via the details below if you:
(a) wish to have access to the personal information which we hold about you;
(b) consider that the personal information which we hold about you is not accurate, complete or up to date; or
(c) require further information on our personal information handling practices.
10.5 There is no charge for requesting access to your personal information but we may require you to meet our reasonable costs in actually providing you with access.
11 COMPLAINTS AND DISPUTES
11.1 If you have a complaint about our handling of your personal information, including your request for access or correction of your personal information, you should advise us in writing via the contact details below.
11.2 If we have a dispute regarding your personal information, we both must first attempt to resolve the issue directly between us. If you remain unsatisfied with the way in which we have handled a privacy issue, we suggest you approach an independent advisor or contact the Office of the Australian Information Commissioner for guidance on alternative courses of action which may be available. We will provide our full cooperation in the event that you elect to pursue this course of action.
12 CONTACTING US
12.1 You should address all correspondence with regards to privacy to:
The Privacy Officer
Auto Body Shop News
Level 19/ 10 Eagle street
You may contact the Privacy Officer by email in the first instance.
13 ADDITIONS TO THIS POLICY