1.1. Apex Alterations & Additions Pty. Ltd. (ACN 002 829 512) (“Apex”) is committed to keeping your information safe and secure in accordance with the Privacy Act 1988 (Cth) (the “Privacy Act”) and the Australian Privacy Principles contained therein.
1.3. “Personal Information” is information we hold which is identifiable as being about you.
2. COLLECTION OF PERSONAL INFORMATION
2.1. Apex may collect and use the following kinds of information:
(a) information about your use of the Website (including operating system; version and language; pages viewed while browsing the Website; page access times; and referring website address);
(b) information about your personal details (including, but not limited to, name; phone contact details; address information; email; date of birth; username; password; and payment information); and
(c) information about the kinds of services you are interested in Apex supplying to you.
2.2. Personal Information and your personal details may be collected from you in a variety of ways, including but not limited to: when you register for the services; when you interact with Apex electronically or in person; when you access the Website; and when Apex provides services to you.
3. USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
3.1. Apex may use your Personal Information to:
(a) enable your access to the Website;
(b) provide to you the services that you purchase or request as a customer;
(c) track usage and measure traffic statistics of the Website;
(d) receive and/or access information from third party providers for the provision of our services to you;
(e) contact you regarding your use of the services or services offered by Apex;
(f) contact you in relation to comments, complaints, enquiries or dispute resolution;
(g) collect payments from you;
(h) communicate with third party providers or associate parties with respect to the provision of the services; and
(i) send you marketing communications.
3.2. Apex will not disclose Personal Information about you, unless it is required, incidental or otherwise related to the primary purpose of providing services to you or a third party for which you have consented to by engaging Apex’s services, or using the Website. However, Apex may disclose your Personal Information to its business partners who assist in providing services to you as a customer.
3.3. Apex in its sole discretion, may disclose your Personal Information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
3.4. Apex is not liable for how a third party uses your Personal Information if the Personal Information has been disclosed in accordance with this policy.
4. DISCLOSURE OF YOUR PERSONAL INFORMATION OVERSEAS
4.1. Apex will transfer Personal Information to someone who is in a foreign country where:
(a) Apex reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Australian Privacy Principles;
(b) the transfer is required for Apex to provide you the services you requested;
(c) all of the following apply:
(i) the transfer is for your benefit;
(ii) it is impracticable to obtain your consent to that transfer; and
(iii) if it were practicable to obtain such consent, you would be likely to give it.
5. SECURITY OF YOUR PERSONAL INFORMATION
5.1. It is important that you advise Apex of changes to your Personal Information that you have provided to Apex as it is essential that your Personal Information is accurate, complete, and up-to-date in order for Apex to provide services to you.
5.2. Apex uses reasonable technical precautions and has implemented business processes to protect your Personal Information from misuse, loss, unauthorised access, modification and disclosure. However Apex is not liable for any unauthorised access to, or dissemination of, this information.
5.3. Apex will take all reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for the purposes of providing our services to you and where Apex is not required to retain that information by law.
6. ACCESS TO YOUR PERSONAL INFORMATION
6.1. You are responsible to ensure that the information you provide to Apex is accurate, complete and up-to-date.
6.2. By request, you may contact Apex at firstname.lastname@example.org or by the form located under the ‘Contact Us’ page on the Website and ask to know what sort of Personal Information is held about you, for what purposes, and how it is collected, held, used and disclosed and you may also request access to the information held. Apex may charge, in its discretion, a reasonable administration fee for this access.
6.3. Apex in its sole discretion may consider that there is a sound reason under the Privacy Act, Freedom of Information Act 1982 (Cth) or other relevant law to withhold Personal Information, or not make the requested changes.
7. IDENTIFIERS AND ANONYMITY
7.1. You acknowledge that Apex retains, collects and maintains your Personal Information for statistical analysis purposes (whether for commercial or non-commercial purposes). You agree that Apex may share, distribute and/or transfer information which you have provided to Apex to third parties, after that information has been de-identified.
8. SENSITIVE INFORMATION
8.1. Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
8.2. Sensitive information will be used by Apex only:
(a) for the primary purpose for which it was obtained;
(b) for a secondary purpose that is directly related to the primary purpose;
(c) with your consent; or
(d) where required or authorised by law.
9. COMPLAINTS ABOUT PRIVACY
9.2. A complaint should identify whether it is about:
(a) the collection of Personal Information;
(b) the use of Personal Information;
(c) the disclosure of Personal Information;
(d) the security or storage of Personal Information;
(e) the accuracy of Personal Information;
(f) a refusal to give access to or provide information about their Personal Information; or
(g) a refusal to change or delete Personal Information.
9.3. Apex values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, Apex will respond quickly to advise you of the outcome following its enquiring into the same. You will also be invited to respond to its outcome. If a response is received, Apex will assess it and advise if it has changed its view or outcome. If you are unsatisfied with the final outcome, Apex will advise further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.
10.1. No partnership or agency
10.3. Venue and Jurisdiction
The services offered by Apex on the Website are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be New South Wales, Australia.
10.4. Governing Law
This agreement is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.
11. VARIATIONS TO THIS POLICY