PRIVACY POLICY
We respect your privacy. ZircoDATA (also referred to as “We” in this Privacy Policy) have developed this Privacy Policy to inform you of how we protect the Personal Information that we Collect, Use, Disclose and keep secure. It also covers how ZircoDATA makes the Personal Information it holds available for access to and correction by you.
This Privacy Policy has been drafted having regard to ZircoDATA’s obligations under the Privacy Act 1988 (Cth) and the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which includes the Australian Privacy Principles (collectively, the Privacy Act). This Privacy Policy is a public document and has been prepared in light of Australian Privacy Principle 1 – Open and Transparent Management of Personal Information.
Please read this Privacy Policy. By using the ZircoDATA Website, or by receiving notification from ZircoDATA of how you may access this Privacy Policy, whether by phone, email or otherwise, you are consenting to the Collection, Use and Disclosure of your Personal Information as set forth in this Privacy Policy.
What personal data we collect and why we collect it
1. COLLECTION OF YOUR INFORMATION
1.1 ZircoDATA Collects Personal Information about customers, prospective customers, vendors, prospective vendors, contractors, CCTV and Website users which is reasonably necessary for, or directly related to, one or more of its functions or activities. The Personal Information may be collected through our Website, over the phone, or otherwise.
1.2 At or before the time, or, if that is not practicable, as soon as practicable after, we Collect your Personal Information, we will notify you of the matters required pursuant to Australian Privacy Principal 5 – Notification of the Collection of Personal Information, by providing you with this Privacy Policy, or by notifying you of how you may access this Privacy Policy.
1.3 ZircoDATA will not Collect Personal Information secretly or in an underhanded way and will not sell your Personal Information to any third party.
1.4 ZircoDATA may, from time to time, Collect Sensitive Information from you, and unless a legal exemption applies will not Collect Sensitive Information from you without your consent.
2. HOW WE USE YOUR INFORMATION AND WHEN WE MAY DISCLOSE IT
2.1 ZircoDATA holds Personal Information which it has Collected to Use and/or Disclose for its Primary Purposes, including but not limited to:
(a) providing you with the products and services ordered from us or in relation to products or services we order from you;
(b) answering your inquiry;
(c) sending you additional materials relating to ZircoDATA and services that may be of interest to you;
(d) providing you with effective customer service; and
(f) for security measures relating to our services.
2.2 ZircoDATA also holds Personal Information which it Uses and/or Discloses for purposes other than its Primary Purposes (Secondary Purposes). You provide your consent to us using your Personal Information for the following Secondary Purposes:
(a) billing and account management;
(b) business planning and product development;
(c) providing you with relevant information, including promotions, about the products and services of ZircoDATA and its affiliates;
(d) enabling us to better understand your needs and interests;
(e) improving the content, functionality and usability of our Website;
(f) improving our marketing and promotional efforts;
(g) displaying personalised advertising when you visit our Website;
(h) for any other purpose identified in any other agreement between ZircoDATA and you;
(i) issues, news or other information relevant to your dealings with ZircoDATA, or about ZircoDATA generally, or the industries in which you or ZircoDATA operates; and
(j) as otherwise described in this Privacy Policy.
2.3 ZircoDATA may Use and/or Disclose your Personal Information for any Secondary Purposes not included in this Privacy Policy if:
(a) the Secondary Purpose is related to a Primary Purpose; and
(b) you would have a Reasonable Expectation that we would Use the information for that Secondary Purpose.
2.5 From time to time we may Disclose your Personal Information to organisations outside of ZircoDATA in order to deliver the services you require or if required for other legal reasons. Your Personal Information is Disclosed to these organisations in relation to us providing our services to you or to meet such other legal requirements. These organisations carry out, amongst other services, our:
(a) billing and debt- recovery functions;
(b) customer inquiries;
(c) information technology services;
(d) marketing and communication services (including market research);
(e) website usage analysis;
(f) to support or facilitate any of those activities described in Points 2.1 and 2.2 herein; and
(g) our advisers and insurers
We will take reasonable practicable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your Personal Information.
3. DIRECT MARKETING
3.1 You consent to ZircoDATA Using and/or Disclosing any Personal Information Collected from you for Direct Marketing purposes, whether Collected via telephone, the Website, or otherwise, but subject to the terms of this Privacy Policy.
3.2 Unless otherwise provided in this Privacy Policy and in accordance with the Privacy Act, ZircoDATA retains the right to Use and Disclose your Personal Information for Direct Marketing purposes:
(a) that has been Collected from you in circumstances where:
(i) you have provided consent to do so; or
(ii) it is within your Reasonable Expectations; or
(iii) where it is impracticable to obtain your consent;
(b) that has been Collected from any third party in circumstances where:
(i) you have provided consent to do so; or
(ii) it is impracticable to obtain your consent.
3.3 In each Direct Marketing communication, we will include a:
(a) prominent statement appearing on the relevant piece of marketing material notifying you of your right to Opt Out from further Direct Marketing; and
(b) simple means for you to Opt Out of receiving further Direct Marketing communications of that kind.
3.4 Should you Opt Out, we will stop Using and/or Disclosing your Personal Information for Direct Marketing purposes.
3.5 ZircoDATA will not Use your Sensitive Information for Direct Marketing purposes.
4. ENSURING INFORMATION IS ACCURATE AND UP-TO-DATE
We take reasonable precautions to ensure that the Personal Information we Collect, Use and Disclose is complete, relevant and up-to-date.
However, the accuracy of that information depends to a large extent on the information you provide. That’s why we recommend that you:
- let us know if there are any errors in your Personal Information; and
- keep us up-to-date with changes to your Personal Information. You may change your personal details by using the relevant facility on our Website or by contacting ZircoDATA via contact details described in Point 12.
5. HOW WE PROTECT YOUR INFORMATION
5.1 ZircoDATA will take reasonable steps to protect your Personal Information from misuse, interference, loss and unauthorised access or disclosure. This may include taking reasonable steps to destroy or permanently de-identify Personal Information once it is no longer needed for any purpose for which it may be Used or Disclosed in accordance with Australian Privacy Principal 11.2, subject to the exceptions contained therein.
5.2 ZircoDATA will not attempt to match de-identified or anonymous data Collected through surveys or such online devices as “cookies”, with information identifying an individual, without the consent of the relevant individual.
5.3 ZircoDATA requires employees and contractors to perform their duties in a manner that is consistent with ZircoDATA’s legal responsibilities in relation to privacy, including those in this Privacy Policy.
5.4 ZircoDATA will take reasonable steps to ensure that Personal Information is only accessible by people who have a genuine “need to know” as well as “right to know.”
5.5 If a data breach occurs and personal information that we hold about you is subject to unauthorised loss, use or disclosure, we will respond in accordance with the Privacy Act.
5.6 The Privacy Act requires us to notify you, the Office of the Australian Information Commissioner and any other relevant agencies of any unauthorised access or disclosure of your personal information which would be likely to result in serious harm to you or any affected individuals.
5.7 If we reasonably suspect that there has been such unauthorised access or disclosure, we will carry out an expeditious assessment to determine if it is an ‘eligible data breach’ and take all reasonable steps to contain the unauthorised access or disclosure. We will complete our review within 30 days of becoming aware of the potential personal information breach. See section 26WE of the Privacy Act for the definition of an ‘eligible data breach’.
6. HOW YOU CAN ACCESS OR CORRECT YOUR INFORMATION
6.1 ZircoDATA will permit its records containing your Personal Information to be accessed by you when required by the Privacy Act. We may, however, refuse to provide you with access to your Personal Information if one or more of those matters contained in Australian Privacy Principle 12.3 – Access to Personal Information – applies, including but not limited to instances in which:
- we reasonably believe that giving you access to your Personal Information would pose a serious threat to the life or to the health and safety of any individual (including you);
- giving access to the information would have an unreasonable impact on the privacy of any other individual;
- your request for access is frivolous or vexatious or giving such access will be unlawful.
6.2 If ZircoDATA is satisfied that:
(a) having regard to the purpose for which the information is held, the information is inaccurate, out of date, incomplete or irrelevant or misleading; or
(b) you (as the person to whom the Personal Information relates) request that we correct the information;
we will take reasonable steps to correct our records containing your Personal Information as soon as practically possible in accordance with the Privacy Act.
6.3 If we have refused to grant you access to your Personal Information in accordance with Point 6.1 above, we will still take all reasonable steps to provide you with access to your Personal Information in a way that meets both your needs and our needs.
6.4 If you:
(a) wish to lodge a request to access and/or correct your Personal Information; or
(b) have been refused access to your Personal Information by us for any reason described in this Privacy Policy and you wish to challenge that refusal;
you may do so by contacting the office of ZircoDATA’s Privacy Officer as per the details in Point 12.
6.5 ZircoDATA will not charge a fee for processing an access request unless the request is complex or is resource intensive. ZircoDATA does, however, reserve the right to charge an administration fee if an individual requests access to their Personal Information more than once in a three month period.
6.6 Where ZircoDATA offers online account management facilities, customers can use this capability to control aspects of their account, including amending or updating certain Personal Information.
7. OPENNESS
7.1 The office of ZircoDATA’s Privacy Officer will be the first point of contact for inquiries about privacy issues. If you wish to make an inquiry or complaint regarding privacy you should do so by contacting this office as per the details in Point 12.
7.2 You will find that the ZircoDATA Website contains a copy of this Privacy Policy.
8. STAYING ANONYMOUS
8.1 ZircoDATA will not make it mandatory for visitors to its Website to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. ZircoDATA may however request visitors to provide Personal Information voluntarily to ZircoDATA (for example, as part of a competition or questionnaire).
8.2 ZircoDATA will allow you to transact with it anonymously or by using a pseudonym wherever that is reasonable and practicable.
9. TRANSFERRING INFORMATION OVERSEAS
9.1 If we send Personal Information overseas, ZircoDATA will take steps which are both reasonable and practicable to ensure that the overseas recipient handles such information in accordance with the Privacy Act.
9.2 ZircoDATA may disclose Personal Information to an overseas recipient without complying with 9.1 if:
(a) you are Expressly Informed of the intended disclosure of your Personal Information to the overseas recipient, and you provide consent accordingly; or
(b) we reasonably believe that the overseas recipient is subject to a law or a binding scheme 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 seeks to protect same and you can access mechanisms to enforce the protection of your Personal Information under that law or that scheme; or
(c) the Disclosure is required or authorised by an Australian court or tribunal or under Australian law.
10. CHANGES TO THE PRIVACY POLICY
ZircoDATA may, in its sole discretion, update this Privacy Policy at any time and from time to time. Any changes will be effective when posted on the Website. Your continued use of the Website will indicate your acceptance of any changes to the Privacy Policy. All Personal Information, Collected both before and after any changes take effect, will be subject to the terms of the then current policy, for which you will be taken to have provided consent, unless you indicate otherwise by contacting the office of ZircoDATA’s Privacy Officer as per the details in in Point 12. We encourage you to refer back to this page and especially prior to providing us with any Personal Information.
11. GLOSSARY
Collect means gather, acquire or obtain by a lawful and fair means, information in circumstances where the individual is identifiable or identified.
Direct Marketing involves the Use and/ or Disclosure of Personal Information to communicate directly with an individual to promote goods or services through written, verbal or electronic means of communication. The goods or services which are marketed may be those of ZircoDATA or a Related Body Corporate or those of an independent third party organisation.
Disclosure generally means the release of information outside ZircoDATA, including under a contract to carry out an “outsourced function.”
Expressly Informed means the circumstance where we have provided you with a clear statement (either verbal or in writing) of the fact that that we will not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act in the event that you provide consent to the disclosure of your Personal Information by us to an overseas recipient and the overseas recipient handles your Personal information in breach of the Privacy Act..
Opt Out means an individual’s expressed request not to receive Direct Marketing communications.
Personal Information means information that is not Sensitive Information, including information or an opinion (whether information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. This includes, but is not limited to, an individual’s name, address, telephone number and email address.
Primary Purpose is the main reason for the Collection of any Personal Information.
Reasonable Expectation means an individual’s reasonable expectation that their personal information might be Used or Disclosed for the relevant purpose.
Related Body Corporate is given its meaning in the Corporations Act 2001 (Cth).
Secondary Purpose means a purpose of Use or Disclosure other than a Primary Purpose.
Sensitive Information is given its meaning in section 6(1) of the Privacy Act 1988 (Cth).
Use means the handling of Personal Information within ZircoDATA.
Website means the website of ZircoDATA and related webpages.
ZircoDATA means ZircoDATA Pty Ltd and all companies in the ZircoDATA group, including but not limited to ZircoDATA Services Pty Ltd, ZircoDATA Holdings Pty Ltd and their Related Bodies Corporate.
12. CONTACTING ZIRCODATA
If you have questions concerning this Privacy Policy, please contact us on:
- 13 ZIRCO (9472) between 9:00am and 5pm AEST Monday to Friday; or
- via email at privacy.officer@zircodata.com.au; or
- by writing to the Privacy Officer, ZircoDATA, Level 4, 973 Nepean Highway, Bentleigh, Vic 3204.
You can obtain further information about your privacy rights and the Privacy Act from the Office of the Australian Information Commissioner by visiting their web site at www.privacy.gov.au.
This Privacy Policy was last updated in September 2020.
