1. Collection of Personal Information
1.1 We collect personal information when you:
- (a) interact with us through the phone, in person, via email or our Website and you provide us your details;
- (b) enquire, purchase or subscribe to our services; or
- (c) subscribe to our mailing list or otherwise sign-up to receive correspondence from us on a regular or irregular basis.
1.2 We collect and hold the following types of personal information:
- (a) your name;
- (b) date of birth;
- (c) business name;
- (d) billing address;
- (e) postal address;
- (f) email address;
- (g) fax number;
- (h) phone number;
- (i) bank account and credit reference details;
- (j) credit card details;
- (k) occupation;
- (l) Social Media details and access tokens (to the extent that they are separate to the above information); and
- (m) driver’s licence number.
1.3 We will only collect your personal and sensitive information using fair and lawful means.
2. Use of Personal Information
2.1 We collect personal information to:
- (a) improve our products and services;
- (b) provide our product or service to you;
- (c) administer and manage those services and products, including charging and billing;
- (d) communicate with you;
- (e) offer you promotional products or market our products that you are interested in;
- (f) keep a record of your order for possible refund or exchange;
- (g) keep our customer database;
- (h) to investigate any complaints that you make;
- (i) to investigate whether you are in breach of our terms and conditions;
- (j) verify your identity;
- (k) comply with the law or to use your information as permitted under the law; and
- (l) use your information for purposes that are related to the above.
2.2 With your permission, we may send you emails about our company, new products and other updates.
2.3 We will not send you unsolicited commercial electronic messages in contravention of the Spam Act 2003 (Cth).
2.4 We may use the non-sensitive information you gave us for the purpose of promoting and marketing our Business to you if we:
- (a) use the information that you reasonably expected us to use for promoting and marketing our Business to you; and
- (b) provide you a simple method to opt-out.
2.5 We will not contact you to promote or market our Business if you requested us not to.
2.6 You can unsubscribe from our mailing list at any time by following the prompts in our emails or by contacting us directly.
3.1 We may, from time to time, use ‘cookies’ which are small data files placed on your machine or device to store information. Please note that although cookies do not generally store personal and sensitive information, they may contain your IP address and other non-personal identifying information of the device used to access the Website.
3.2 We store cookies on your device in accordance with our Terms and Conditions.
- (a) authentication cookies that monitor whether you are logged in or not, whether to the Website or integrated Social Media;
- (b) session cookies that allow you to remain logged in and keep track of your activities until the browser shuts down;
- (c) persistent cookies that help us monitor our services by recording your browser activities and they do not expire upon browser shut down; and
- (d) flash cookies to personalise your experience.
- (a) improving the performance by reporting any errors that occur;
- (b) providing statistics about how the Website is used;
- (c) remembering settings that you used on our Website;
- (d) identifying that you are logged into the Website;
- (e) linking to Social Media; and
- (f) providing ads, links or services that are more tailored to you.
4.1 We take reasonable precautions and follow industry best practices to protect your personal information from being inappropriately lost, misused, accessed, disclosed, altered or destroyed.
4.2 If we receive unsolicited personal and sensitive information, we may destroy it or ensure that it is deidentified if it is lawful and reasonable to do so.
4.3 We use a database management system to store personal information that contains security features such as encryption, firewall and anti-virus, to ensure the protection and integrity of our data.
4.4 All email data is stored securely on a Company server that is password protected and only accessible by authorised Company personnel.
5. Anonymity and Pseudonymity
5.1 You may interact anonymously or by using a pseudonym, for example when you:
- (a) call us;
- (b) email us;
- (c) interact with us using automated chat features; and/or
- (d) make a Post;
and you may refuse to give your details.
5.2 However, you must provide your true and accurate personal information when you:
- (a) lodge a complaint; and
- (b) are required to provide personal information under the law.
6. Disclosure of Personal Information
6.1 We only disclose your personal and sensitive information for purposes that are reasonably related to our business.
6.2 We may disclose your personal and sensitive information to third parties, from time to time, to assist us in conducting our business, including:
- (a) technology service providers including internet service providers or cloud service providers;
- (b) couriers such as Australia Post and/or international postal service entities;
- (c) data processors that analyse our website traffic or usage for us;
- (d) agents that perform functions on our behalf, such as mailouts, debt collection, marketing, advertising, or other management of the services that we provide to you;
- (e) credit reporting and fraud checking agencies;
- (f) your agents and representatives, such as legal advisors;
- (g) our related bodies corporate; and
- (h) to persons, entities or courts as required under the law, including government and regulatory authorities.
6.3 We may disclose your personal and sensitive information to third parties:
- (a) to provide the service you wish to use;
- (b) to improve our business, services, products and Website;
- (c) to customise and promote our services which may be of interest to you;
- (d) to comply with or as permitted under the law; or
- (e) with your consent.
6.4 We do not sell email addresses or any other personal information to third parties for profit.
6.5 We may disclose your personal information if we are required by law to do so.
7. Accessing and Correcting Your Personal Information
7.1 You may request access to your personal information that we hold, and we will:
- (a) verify your identity;
- (b) charge you to cover the cost of meeting your request, if any, but not for the request itself; and
- (c) within a reasonable period of time, comply with your request.
7.2 We may refuse to allow you to access your personal information if we are not required to do so under the Australian Privacy Principles.
7.3 You may request to correct your personal information that we hold, and we will update your personal and sensitive information so that it is up-todate, accurate, complete, relevant and not misleading.
7.4 If you would like to access or correct your personal information, please contact us by:
- (a) email: email@example.com;
- (b) phone: +61 2 6190 0686;
- (c) post: 14 Wormald Street, Symonston, ACT 2609
8. Third Party Services
8.1 In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
8.2 However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
8.3 For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
10.1 If you believe we breached the Australian Privacy Principles under the Privacy Act or a registered Australian Privacy Principles Code, you may lodge a complaint as follows:
- (a) firstly, contact us in writing to the email or postal address in clause 7.4 and include the following in your complaint:
- (i) your contact details;
- (ii) section or provision of the Australian Privacy Principles or Code that you believe we breached; and
- (iii) our practice or policy that you believe breaches the relevant Australian Privacy Principle or Code, and you must allow us a reasonable time, about 30 days, to reply to your complaint; and
- (b) secondly, you may complain to the Office of the Australian Information Commissioner if:
- (i) you are not satisfied with our response; or
- (ii) we do not respond to you within a reasonable time without sufficient explanation
11.1 Unless the contrary intention appears:
- (a) Australian Privacy Principles means the principles under Schedule 1 of the Privacy Act.
- (b) Business means PotPlace.com.au Pty Ltd ABN 16 638 823 391.
- (c) Personal Information means personal information as defined under Privacy Act 1988 (Cth).
- (d) Post includes comments, images, photos, writings or any other material that you upload on our Website.
- (e) Privacy Act means the Privacy Act 1988 (Cth).
- (f) Sensitive Information means sensitive information as defined under the Privacy Act.
- (g) Social Media means any social networking websites that may use your personal information for integration with the Website, including but not limited to:
- (i) Facebook;
- (ii) Twitter;
- (iii) Instagram; and
- (iv) LinkedIn.
- (h) Terms and Conditions means our Terms and Conditions document accessible on our Website.
- (i) You (whether in capitals or not) means the user of our Website and Your and Yours have corresponding meanings.
- (j) We (whether in capitals or not) means PotPlace.com.au Pty Ltdand our related body corporates and Us and Ours have corresponding meanings.
11.2 The word ‘include’ is used without any limitation