Position Promo Pty Ltd ABN 18 614 914 608 and its successors and assigns (we, us or our) collects data from you through our interactions with you and for a variety of purposes which we discuss below. The Privacy Act 1988 (Cth) (the Privacy Act) provides a basis for nationally consistent regulation of privacy and the handling of personal information in Australia. It is our role as an APP entity to ensure that it does not do any act, or engage in any practice, that breaches an Australian Privacy Principle contained within the Privacy Act. We are also subject to the General Data Protection Regulation 2016 (the GDPR) which affects our data processing and storage of personal information. It is our policy to ensure that our compliance with the Privacy Act and the GDPR is clear at all times.
This Policy explains our approach to dealing with your Personal Information, including how we collect, hold, manage and use Personal Information.
For the purpose of this Policy:
“Personal Information” means information, including financial information, or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is in a material form or not. We note that ‘Personal Information’ is referred to as ‘Personal Data’ in the GDPR, and in this Policy those terms are interchangeable.
“Sensitive Information” means information or an opinion (that is also Personal Information) about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual practices, criminal record or health information. We note that ‘Sensitive Information’ is referred to as ‘Sensitive Personal Data’ in the GDPR, and in this Policy those terms are interchangeable.
We recognise the importance of protecting your Personal Information. We will take reasonable steps to ensure all Personal Information held by us is secure and all Personal Information collected, used or disclosed by us is accurate, complete and up to date. Any inaccurate data will be erased or rectified.
This Policy is published on our website and may be updated from time to time at our discretion. By continuing to use our website, or otherwise continuing to deal with us, you accept this Policy as it applies from time to time. You may request a hard copy of this Policy.
Types of Personal Information
Depending on the particular circumstances, we may collect and hold a range of different Personal Information about you. This may include, but is not limited to, your name, date of birth, contact details (including billing, shipping, personal and business addresses, email address and telephone number), gender, driver’s licence number, employee or student identification number and other unique identifiers, purchase and transaction history, credit related information, internet protocol address, server address, domain name and payment, transaction and financial information (such as credit card or bank account numbers).
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone
Sources of Personal Information
Where possible, we will collect Personal Information directly from you. In some instances, we may collect Personal Information from other sources such as third parties, publicly available sources, press reports or other publications, in which case, we will endeavour to verify such details with you.
We acknowledge that there is no obligation for you to provide us with Personal Information except as required by law. However, if you choose not to provide us with certain Personal Information, we may not be able to deal with you or provide you with our full range of services or employment.
We collect Personal Information in a number of ways, including but not limited to, directly from you when you engage us to provide you with goods or services, set up an account with us, enter into a credit arrangement with us and when you browse our website or websites of our customers or affiliates. If you apply for employment with us, we may collect Personal Information about you from any third parties that you nominate as your referees and you consent to us obtaining Personal Information about you from third party sources such as social media sites.
If we are collecting your Personal Information for any of the purposes set out in this Policy, we will ask for your consent which can withdraw at any time.
You can withdraw your consent to our use of your Personal Information at any time by contacting us. You can also request access to, erasure of and updates to your Personal Information.
When you are asked to provide Personal Information, you can decline. However, in order to fulfil our obligations to clients in the distribution of promotional merchandise, apparel or other items, we may require some Personal Information to operate and provide you with a service. If you decline to provide Personal Information, your use of our products and services may be limited.
If we are required to collect your personal information by law or to enter into a contract with you and you do not provide Personal Information, we will not be able to enter into the contract or we may have to suspend our services to you. We will notify you if this occurs.
Purpose for Use and Disclosure
We collect and hold Personal Information that is reasonably necessary for the services we provide. The purpose for which we use and disclose Personal Information will depend on the circumstances in which it is collected. We will only hold your Personal Information for the particular purpose/s for which we collected it (Primary Purpose).
We will not use or disclose your Personal Information (not being Sensitive Information) for another purpose (Secondary Purpose) unless:
- We first obtain your consent;
- You would reasonably expect us to use or disclose it for a Secondary Purpose that is related to the Primary Purpose or (in the case of Sensitive Information) directly related to the Primary Purpose;
- We are required to by law;
- A permitted general purpose exists;
- A permitted health situation exists; or
- We reasonably believe it is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body (for example, to comply with occupational health and safety, industrial relations and taxation laws).
Specific purposes for which we may use or disclose Personal Information include the purposes of providing you with services; improving and developing our products and services; personalising our products and making recommendations to you; preparing and generating reports using data; dealing with customer care related activities; marketing and developing our services (including, without limitation, direct marketing, sending you offers and discounts and entering your details in competitions we think you may be interested in); the operation and administration of accounts; carrying out certain checks (for example, in relation to credit); considering an individual for employment; interacting with companies or organisations with whom we have a business relationship (including, without limitation, our invoicing and billing partners such as Xero and Stripe, order fulfillment suppliers such as TNT, FedEx, Toll, Australia Post and Sendle and our web development partners such as BMP Partners, Adobe Magento, WordPress, WP Engine and Intersect Digital; service providers and partners; complying with our obligations under agreements with third parties; carrying out any activity in connection with a legal, governmental or regulatory requirement that we have to comply with, or in connection with legal proceedings, crime or fraud prevention, detection or prosecution.
We only collect your Personal Information that is relevant and limit our collection of your Personal Information to what is necessary for our purposes.
In the event we collect Sensitive Information about you, you consent to us collecting, using and disclosing the Sensitive Information for the purpose for which it was disclosed and as permitted by the Act and other relevant laws.
Sharing your Personal Information
We share your Personal Information with your consent or as necessary to provide you with any goods or services you have requested us to provide.
Some information collected by us will be stored and processed on servers located within Australia, the United States of America, or other regions or zones. To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
In certain circumstances, we may need to send your Personal Information overseas. These circumstances include:
- Where we have a supplier assisting us with the provision of goods and services and our business functions;
- Where our payment processor’s servers are located; and
- Where a third-party application is being used in connection with our interactions with you (e.g. for processing of payments or security checks).
We will take all reasonable steps to maintain the security of Personal Information in these circumstances in accordance with this Policy, this includes:
- Assessing whether the overseas recipient of personal information is subject to a law that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the Privacy Act protects the information; and there are mechanisms that the individual can access to take action to enforce that protection of the law; or
- Obtaining consent from the individual concerned to allow us to disclose the information to the overseas recipient without consideration of the legal circumstances surrounding the overseas recipient in relation to the individual’s personal information.
However, ultimately control where these third-party providers host their applications or process their data may be limited.
Anonymity and Pseudonymity
You can deal with us anonymously (without identifying yourself) or under a pseudonym (fictitious name) unless you are applying for credit from us, applying for employment with us, dealing with us in relation to the provision of services or in any other situation where it is impractical or unlawful to deal with you anonymously or under a pseudonym.
Storage of Personal Information
All Personal Information collected by us will be retained as part of our business records, which will be securely monitored and maintained. We hold Personal Information in a number of ways, including:
- As part of customer records and other electronic documents on which Personal Information is contained which are stored on our information technology systems and servers operated by third parties who provide services to us in connection with our business; and
- Securely storing hard copy documents on which Personal Information is contained, at our various premises and using third party document management and archiving services.
Retention of Personal Information
If we receive Personal Information where we have not taken any steps to collect such information, then within a reasonable time we will decide whether we could, under the law, have solicited that Personal Information ourselves. If we determine that we would not, have been permitted to solicit the Personal Information, we will as soon as practical (where lawful and reasonable to do so) destroy or de-identify that unsolicited Personal Information. If we could, under the law, have solicited the Personal Information then we may use and disclose the Personal Information for the purpose for which it was disclosed and as permitted by the relevant laws.
We will retain your Personal Information for the duration of your use of our goods and services (and as further detailed in the individual contracts that we enter into with you). Where Personal Information held by us is no longer required to be held, and its retention is not required by law, then we will destroy such Personal Information by a secure means.
If at any other time, you request we destroy and/or dispose of your Personal Information, we will comply with your request in a timely matter, in so far that it does not interfere with the purposes of conducting our business.
Breach of Personal Information
We will endeavour to protect your Personal Information from unauthorised interference (including access or disclosure) and to process your Personal Information in a way that is secure against accidental loss, destruction or damage. Your Personal Information will be encrypted and protected with the aim to prevent unauthorised inference.
A data breach will occur if there has been unauthorised interference to your Personal Information, and that interference is likely to result in serious harm to yourself (Data Breach).
If there is a Data Breach, we will determine if the Data Breach is likely to cause serious harm. If we have been unable to prevent serious harm occurring, we will notify the relevant reporting body of the Data Breach. If the Data Breach is likely to result in a risk to individuals’ rights and freedoms, the relevant reporting body will be informed within 72 hours.
In certain circumstances, we will contact you directly if we suspect there has been a Data Breach. This includes when we consider the Data Breach may result in a risk to your rights and freedoms. We will notify the affected individual(s), individual(s) at risk of being affected and the OAIC in the form of (or in a form substantially similar to and containing the same information as) the section 26WK statement set out below:
Section 26WK statement
Contact details: Phone number:
Description of eligible data breach:
Kind/s of information concerned:
Recommendations for response by individuals:
If we cannot contact the affected individual(s) or individual(s) at risk, we will publish a copy of the statement on its website.
Links to other Applications and Websites
Our websites may contain links to other applications, websites and tools that are owned, controlled or operated by us. We are not responsible for the practices employed by applications linked to or from our websites or the information or content contained on them.
Please remember that when you use a link to go from our websites to another application, this Policy is no longer in effect. Your browsing and interaction on any other application, including applications that have a link on our websites, is subject to that application’s own rules and policies. Please read over those rules and policies before proceeding.
We may send you marketing communications in line with your previously expressed marketing preferences or as otherwise permitted under the law. If you do not wish to receive such communications, please contact us via the Contact Address or follow the opt-out instructions contained in each marketing communication.
Privacy by design
We have adopted the principle of privacy by design and will ensure that as we develop our systems for collecting Personal Information we will give due consideration to privacy issues, which will include privacy impact assessments as necessary.
A privacy impact assessment will include:
- Considering of how Personal Information will be processed and the purposes for which Personal Information is used;
- Assessing whether the proposed processing of Personal Information is necessary and proportionate to the required purposes;
- Assessing the risks to individuals in processing the Personal Information; and
- Considering what controls may be necessary to address the identified risks and demonstrate compliance with the law.
Legal disclosure of Personal Information
We reserve the right to disclose any Personal Information which identifies you as required by law and when we believe that disclosure is necessary to protect our rights, or to comply with a judicial proceeding, court order, or legal process served on our websites.
Access and control to Personal Information
All of our staff that deal with your Personal Information have received training to understand their responsibilities and on good practice to protect Personal Information. We have strict internal policies to govern how our staff interact and deal with Personal Information.
You can gain access to your Personal Information, subject to certain exceptions contained in the law. To request access to your Personal Information, or to update or correct that Personal Information, please send a written request to either The Privacy Officer, 5 Paringa Avenue, Somerton Park SA 5044 Australia or [email protected](Contact Address). We will check the identity of individuals making requests to determine within 5 days whether the request will be met.
When we provide you Personal Information to you, it will be provided in a PDF file.
You can control the Personal Information we have obtained and exercise your data protection rights by contacting us, for example to choose whether you receive promotional emails from us and to control the use of your data for our advertising.
Data protection officer
A Data Protection Officer is required where an organisation is a public authority, performs large scale monitoring or if it processes particularly sensitive data on a large scale.
James Maddox is our Data Protection Officer. He can be contacted by email at [email protected].
If you are concerned about the way in which we collect, hold, use or disclose your Personal Information, please send written details of your complaint to the Contact Address.
After receiving a complaint, we will conduct internal discussions and evaluate whether we believe that such collection, holding, use or disclosure of your Personal Information was in breach of any laws. We will endeavour to notify you of the results of our investigation of your complaint within 30 days of receiving your complaint. However, if your complaint involves complex issues or requires extensive investigation, it may not be possible to respond within this timeframe. If the conclusion of our investigation is that our collection, holding, use or disclosure of your Personal Information was in breach of any laws, we will take steps to remedy the breach as soon as reasonably practicable.
If after dealing with us you are still not satisfied, you are entitled to make a complaint to the supervisory authority. In Australia, this is the Office of the Australian Information Commissioner (www.oaic.gov.au) or the Financial Ombudsman Service (www.fos.org.au).
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