Proteaflora Nursery Pty Ltd (ACN 005 193 626) (Proteaflora, we, our, us) respects your privacy. We are committed to providing quality services to you, and to complying with our obligations under the Privacy Act 1988 (Cth) (the Act) and National Privacy Principles (NPPs).
This Policy outlines what kinds of personal information and sensitive information we collect, why we collect this information, how we capture and store this information and how we handle and dispose of this information. In this Policy we also explain what your rights are and how you can contact us.
1. The Act and NPPs.
We are bound by, and have adopted, the NPPs as set out in the Act. A copy of the Act, which includes the NPPs, can be found at http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/pa1988108/.
2. Personal information and sensitive information.
The Act defines “personal information” as 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 recorded in a material form or not.
The Act defines “sensitive information” includes the following information about an individual that is also personal information:
(a) racial or ethnic origin;
(b) political opinions;
(c) membership of a political association;
(d) religious beliefs or affiliations;
(e) philosophical beliefs;
(f) membership of a professional or trade association;
(g) membership of a trade union;
(h) sexual orientation or practices; or
(i) criminal record.
3. Collection of personal information and sensitive information.
We collect, or may collect, personal information and/or sensitive information about you (collectively referred to as your Information) where this is reasonably necessary for, or directly related to, one or more functions under our Terms and Conditions or Trading Terms (Terms and Conditions), as displayed on this Website (Website) or provided to you.
Amongst other things, we will primarily collect and use your Information to:
- enable us to comply with our obligations and enforce our rights under our Terms and Conditions;
- enable us to supply the Goods and/or Services that are the subject of a Quote and/or an Order to you;
- where applicable, enable an appropriate third party to complete and/or assist in the supply of the Goods and/or Services that are the subject of a Quote and/or an Order to you;
- communicate with you;
- enable communication to occur between you and any third party who is involved in the supply of Goods and/or Services that are the subject of a Quote and/or an Order;
- verify and confirm your identity;
- enable us to verify your details and verify whether you are in compliance with your obligations under our Terms and Conditions;
- improve our services and capabilities in operating our business for customers;
- from time to time, provide you with marketing mail outs, commercial electronic messages and tailored advertising (Marketing Material), and collate your Information so we can engage with our customers via Marketing Material;
- manage complaints and feedback;
- register and track customer enquiries that we receive (such as feedback on the Goods and/or Services supplied by us or complaints); and
- secondary purposes closely related to the above primary purpose, in circumstances where you would reasonably expect such use or disclosure.
(hereinafter referred to as the Relevant Purposes).
As a Customer, you consent to us using and disclosing your Information as is reasonably necessary to give effect to the Relevant Purposes.
We will also seek consent when we propose to use or disclose your Information in a way that is not directly related to any of the Relevant Purposes (Other Purpose), unless we are permitted or required to use your Information for the Other Purpose by law.
4. Disclosure of your Information to Affiliates.
For the purpose of this section, an “Affiliate” our agents, contractors and professional advisors provided that they are bound by professional duties of confidentiality or have signed a Confidentiality Undertaking before receiving your Information from us.
We may need disclose your Information to an Affiliate from time to time. For example, we may need to supply your Information to our legal representatives for the purpose of receiving legal advice, to our accountants for tax reasons or for the purpose of receiving accounting advice, and so on.
In all cases, we will not disclose your Information where such disclosure would be a breach of the law.
5. Types of your Information that we may collect.
As a Customer, there is certain types of your Information that we ordinarily collect during the process of you engaging us to supply Goods and/or Services. This information includes names, contact information (including current addresses, phone numbers and email addresses), dates of birth, gender and some banking information depending on how you transact with us.
Depending on the circumstances, in some situations we may also collect other personal information, sensitive information and/or credit information. Depending on the circumstances, this may include information such as:
- racial or ethnic origins;
- political, professional, trade, union and religious affiliations and opinions;
- sexual orientation or practices;
- criminal records; and
- credit history and creditworthiness.
We will only collect such information as is necessary for the Relevant Purposes.
We may also collect information of the following nature from you:
a) Some government identifiers, depending on the circumstances. Such information includes, for example, driver’s licences, health care cards and tax file numbers. If we require a tax file number, we will require your consent in writing.
We only collect such information:
i) to the extent required to verify identity;
ii) to the extent that such information as is necessary to enable us to supply Goods and/or Services that are the subject of a Quote and/or Order to you, and to enable us to comply with our obligations and enforce our rights under our Terms and Conditions; and
iii) as otherwise permissible by paragraph 9.2 of the Australian Privacy Principles.
b) Your Information about how you use our Website, such as the pages on our Website which you visit, the online forms you fill in, your interactions, the searches that you make on our Website, your language preferences, past Quotes that have been provided to you, past Orders that you have placed and so on.
6. Website analytics.
Our web server makes a record of your visit to our Website and logs the following information for statistical purposes:
i) the user’s server address;
ii) the user’s top level domain name (for example, .com, .gov, .au, .uk etc.);
iii) the date and time of the visit to the Website;
iv) the pages accessed and documents downloaded;
v) the referring site; and
vi) the type of browser used.
No attempt will be made to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the web server’s logs. In the event of this occurring, this information will be treated as personal information under this Policy.
7. Sending your Information overseas.
We do not usually send your Information overseas. We are based solely in Australia and our server is hosted in Australia.
If we need to send your Information overseas in a particular case, we will only do so with your consent to the transmission or otherwise in accordance with Australian Privacy Principle 8.
In circumstances where we are required to use a cloud data server to provide documents to external parties, international data servers may be used by the service provider.
8. Unsolicited information.
From time to time we may receive some types of your Information which we have not requested. For example, such information may have been provided to us by mistake.
Within a reasonable time of receiving your Information which we have not solicited, we will assess whether we could have requested to collect it and whether it is required by us for any of the Relevant Purposes.
If you provide us with your Information that we do not need to retain for any of the Relevant Purposes, we will take reasonable steps to return such information to you and/or destroy it.
If you provide us with types of your Information that we would not otherwise have been entitled to collect, we will destroy such information or ensure that it is de-identified provided that it is lawful and reasonable to do so.
9. Disclosure your Information.
We will only use and disclose your Information in accordance with the Act and NPPs. This may include where use or disclosure is required by law, where we have your consent to the use or disclosure, or for the purpose for which it was collected or related purposes that you would reasonably expect us to use or disclose your Information.
We do not sell, provide, or allow your Information to be viewed by any other person other than those employed by, or working on behalf of, us.
We will not disclose any of your Information to any other individuals or organisations apart from hired contractors and/or service providers that we engage on a confidential basis to assist us in complying with our obligations under the Terms and Conditions.
Your Information may also be:
a) disclosed to our service providers who we engage from time to time (such as PayPal and BPay), including service providers which are located outside of Australia;
b) disclosed to other bodies to improve our marketing services to our customers; and
You consent to the possible disclosure of your Information in this manner.
Other than as outlined above, we will not disclose your personal information to any third parties without your prior consent unless we are required or authorised by law.
10. Storage and security of your Information.
Proteaflora understands the importance of protecting your Information from misuse, loss or unauthorised access or use. Proteaflora will take all reasonable steps to ensure that your Information is secure.
All of your Information that you provide us with via the Internet is provided at your own risk.
Proteaflora will destroy or de-identify your Information when we no longer need it for the purpose for which it was collected, unless the law requires otherwise.
We do not accept any responsibility for, and will not be held accountable for, the privacy practices of other websites that appear as links on our Website.
11. Accessing, updating and correcting your Information.
You have the right to access, update and correcting your Information that you have supplied to us.
Within a reasonable time of a written request by you, we will either grant you access to information stored by us on your behalf or refuse to grant you access and provide reasons for our refusal.
We may withhold information about you where we are required or authorised by law to do so, specifically pursuant to the grounds for refusal set out in Australian Privacy Principle 12. However we will take all reasonable steps to provide a compromise option instead of outright refusal wherever possible, such as using a mutually agreed intermediary.
We may demand reasonable payment for the provision of the information requested by you.
If either you or we become aware that your information is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take all reasonable steps required to update our database and files with the new information. If we have already disclosed the old information to another party, you can instruct us to advise them of the correction.
If we refuse to accept a correction provided by you, we will notify you in writing. Regardless of whether we accept or refuse your request, we will respond to you within a reasonable time.
12. Retention of your Information.
In order to give effect to the Relevant Purposes, we continue to hold some of your Information even after we have supplied the Goods and/or Services to you. For example, we retain some of your Information for seven (7) years because of taxation law.
We also retain a limited number of records in relation to Goods and/or Services supplied to Customers indefinitely (in our sole discretion).
We retain your contact information indefinitely.
13. Anonymity and pseudonymity.
You can request to deal with us anonymously or by using a pseudonym. We will assess such requests on a case by case basis and will try to accommodate such request in circumstances which we consider to be appropriate (at our absolute discretion).
That said, it is highly unlikely that we will be able to supply Goods and/or Services to you without knowing at least some of your Information. For example, it is very difficult to supply Goods and/or Services if we do not have any name or contact details for the Customer.
14. If you chose not to provide your Information.
If we request certain types of your Information and you choose not to provide it to us, this may affect our ability to supply Goods and/or Services to you. If refusing to provide the requested information has a specific consequence to you, we will notify you at the time we request collection.
If you are a Customer (or potential Customer) and you refuse to provide us with certain types of your Information, we may not be able to continue to be engaged by you. If this situation arises, we will advise you of our decision to refuse to supply and/or cease supplying Goods and/or Services to you.
We have a Complaints procedure for any privacy issues that arise. In general, our Complaints procedure is that the matter is referred to a Director of Proteaflora, who will personally make all enquiries and ensure that the Complaint is dealt with appropriately.
If you wish to make a Complaint about any privacy issues, please submit a written complaint by email to email@example.com Attention: David Mathews.
In terms of Enquiries, you are welcome to contact us if you:
- would like to discuss the collection, use or disclosure of your Information;
- would like to request access to, correction or deletion of any of your Information;
- no longer wish to receive Marketing Material from or on behalf of Proteaflora;
- would like to make a general enquiry including but not limited to feedback, complaints or general enquiries.