Privacy Policy

INTRODUCTION

When you use Power5, you trust us with your information. We are committed to keeping that trust. That starts with helping you understand our privacy practices.

This Privacy Policy describes the information we collect, how it is used and shared, and your choices regarding this information in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs). We recommend that you read this along with our Terms of Service (accessible on our website). Capitalised terms in this Privacy Policy that are not defined, have their meanings given in our Terms of Service.

Power5 will maintain and regularly review this Privacy Policy and intends to comply with the Australian Privacy Principles as far as is reasonably practical in the circumstances of managing its business.  To ensure your personal information remains confidential, we communicate this Privacy Policy to every Power5 employee as well as Power5 customers, clients and service providers.

DEFINITIONS

Personal information – information or an opinion about an identified individual or an individual who is reasonably identifiable:

                    (a) whether the information or opinion is true or not; and

                    (b) whether the information or opinion is recorded in a material form or not.

Related Entities has the same meaning as defined in the Corporations Act (2001) Cth.

Sensitive information – includes information or an opinion about, amongst other things, an individual’s racial or ethnic origin; political opinions; or religious beliefs or affiliations; or philosophical beliefs; or sexual orientation or practices; or criminal record; or health information.

WHAT PERSONAL INFORMATION WE COLLECT AND HOLD

Power5 will only collect personal information from you if it is reasonably necessary to provide services to you.  Power5 will only collect personal information for the purposes for which we advised you we were collecting it for or a related purpose which would reasonably be expected or otherwise with your permission.

Personal information we may collect and hold includes:

  1. Information we collect from you

We may collect information including your name, address, telephone number, email address, or any other details required by us in contacting you or in correspondence with you. We also collect any other details that you enter in our online forms. We may also collect information that is necessary for an order, or participate in an online survey. We may collect information necessary when you ask to be included in an email mailing list.

Power5 may ask for financial information including credit card details.  We may also ask you for your bank account details.  We will do this by asking you to complete an online form. 

We may also ask you for this or similar information personally.

  1. Information collected through our servers and services

We may collect a variety of information from your interaction with the Website and our online services including your IP Address; the date, time and duration of your visit; the number of pages you have downloaded; and the type of browser you use.

Power5 will generally not be required to collect sensitive information about you.  Power5 will only do so if it is considered reasonably necessary for us to collect such information for us to perform our functions or activities and you consent, or collection is required by law or another exception under the Privacy Act applies. We may also de-identify your data to use it.

HOW WE COLLECT YOUR PERSONAL INFORMATION

We will generally collect your personal information from you directly. We collect personal information from you in various ways such as when you communicate with us, when you fill in an application or form or survey, if you provide a product or service to us, or when you participate in any of our activities. When Power5 is collecting personal information about you, we will make it clear to you, either at or before the time, or as soon as practicable afterwards, of the relevant APP 5 notification requirements contained in this Privacy Policy. We only collect personal information about an individual from the individual except where it is unreasonable or impracticable to do so.

Information we collect is also collected by using our online services and other services:

  1. Web Servers

When you access our website and online services the Web Server Data listed above is collected. Power5 advises Google Analytics Demographic and Interest reporting may be used to develop specific offers or advertising from time to time.

  1. Google Analytics and third party providers

We currently use Google Analytics as well as Google Analytics for Display Advertising. Google Analytics collects information anonymously and reports website trends without identifying individual visitors. Google Analytics uses its own cookie to track visitor interactions. Site owners can view a variety of reports about how visitors interact with their website so they can improve their website and how people find it. Please see the following links for more information about Google Analytics: http://www.google.com/analytics/,http://www.google.com/privacy.html and http://www.google.com/analytics/tos.html.You can also opt-out of Google Analytics for Display Advertising by going to the Google Ads Preferences Manager.

If you log on to the Service with your login credentials from a social networking site(such as Facebook, Twitter, or LinkedIn) (“Social Networking Site”) or associate your Account with your account at a Social Networking Site, we may receive information about you from such Social Networking Site, in accordance with such Social Networking Site’s terms of use and privacy policy (“SNS Terms”). We may add this information to the information we have already collected from you via the Service. If you elect to share your information with these Social Networking Site, we will share information with them in accordance with your election. The SNS Terms will apply to the information we disclose to them.

THE PURPOSES FOR WHICH WE COLLECT, HOLD, USE AND DISCLOSE PERSONAL INFORMATION

Power5 collects personal information which is reasonably necessary for one or more of Power5’s functions as noted above in this Privacy Policy and includes to:

  • maintain your account and contact details;
  • send marketing communication to you;
  • conduct our business, generate content and provide customer support and payment options;
  • communicate with you;
  • provide you with access to protected areas of the site;
  • conduct surveys to determine use and satisfaction;
  • detect, investigate and prevent potentially unlawful acts or omissions or acts or omissions with the potential to breach our Privacy Policy or any other policy;
  • verify information for accuracy or completeness;
  • comply without legal obligations;
  • combine or aggregate your personal information with information we collect from third parties and use it for the purposes set out in this Privacy Policy;
  • protect a person’s rights, property or safety;
  • process transactions to which you are a party;
  • advertise, promote and provide you with products or services distributed by Power5;
  • improve our website and web services; and
  • any other purpose made known in this Privacy Policy or other policy.

Power5 agrees to not use or disclose this information for a secondary purpose unless you consent to us doing so, or under the circumstances involved we believe you would reasonably expect Power5 to use or disclose the information for a secondary purpose and that that secondary purpose is related to the primary purpose.

In the unlikely event that we hold sensitive information about you, we will only disclose or use that information with your consent or if the use or disclosure is directly related to the primary purpose.

Power5 will also use or disclose your personal information or sensitive information if we are required to do so by law or a court / tribunal order; or if Power5 reasonably believes that the use or disclosure of the information is reasonably necessary for an enforcement related activity or on behalf of an enforcement body, in which case we will make a written note of the use or disclosure or another exception applies under the Privacy Act.

COOKIE POLICY

What are cookies?

A cookie is a small piece of text sent to your browser by a website that you visit. It helps the website to remember information about your visit, like your preferred language and other settings. That can make your next visit easier and the site more useful to you. Cookies play an important role. Without them, using the web would be a much more frustrating experience.

Use of cookies

Like many websites, Power5 websites uses “cookie” technology. When a visitor first connects to our site, the cookie identifies the browser with a unique, random number. The cookies we use do not reveal any personal information, except perhaps the visitor’s first name so we can welcome them on their next visit. Cookies help us understand which parts of our websites are the most popular, where our visitors are going, and how long they spend there.

In some of our email to our customers, we use a “click-through URL.” When a visitor clicks one of these URLs, they will pass through our web server or a third-party contractor’s web server before arriving at the website that is their destination. We track click-throughs to help us determine interest in particular topics and measure the effectiveness of our customer communications.

How to manage cookies

Some people prefer not to allow cookies, which is why most browsers give you the ability to manage cookies to suit you. If you want to disable cookies and you’re using the Safari web browser, go to Safari preferences and then to the privacy pane to manage your preferences. For other browsers, check with your provider to find out how to disable cookies. Please note that certain features of the Power5 website will not be available once cookies are disabled.

ANONYMITY AND PSEUDONYMITY

Power5 will allow its customers to transact with it anonymously or by using a pseudonym, wherever that is reasonable and practicable, for example on our blog.

However, this will not be possible if Power5 is required or authorised by law or other instrument to deal with customers who have been appropriately identified; or where it is impracticable for us to deal with individuals who have not identified themselves or who would prefer to use a pseudonym.

WHO DO WE DISCLOSE YOUR INFORMATION TO?

We may disclose your personal information to third parties for the purposes contained in this Privacy Policy, including without limitation to:

  • our related companies, in which case we require our related companies to honour this Privacy Policy. In the event we are involved in a merger, acquisition or sale of assets we may disclose personal information collected by us to such entities that we propose to merge with or be acquired by, and will assume the rights and obligations regarding your personal information as described in this Privacy Policy;
  • service providers, whom we use to provide you with services that we offer through our website including information technology service providers, mailing houses and market research organisations, and organisations that provide us with professional advice such as lawyers, accountants and business advisers, and business partners. These organisations will treat your personal information securely, and are subject to privacy policies and procedures equivalent to this Privacy Policy;
  • third parties where we reasonably believe there has been an infringement of your rights or those of a third party and disclosure of your information may remedy or assist in the remedy of the infringement; and
  • to third parties where we believe in good faith we are required to do so by law, or an exception applies under the Privacy Act or with your consent.

Notwithstanding the above, we may disclose aggregate information and other information that does not personally identify you to such third parties as we may see fit.

DIRECT MARKETING

Power5 will only use any personal information we hold on you for the purpose of direct marketing if:

  • We collected the information involved;
  • We believe you would reasonably expect us to use or disclose the information for direct marketing; and
  • We provide an option for you to request that we do not use the information for direct marketing – and you have not utilised this offer.

Our Websites features forms readily accessible for you to input your email and sign up to our newsletter. When you do this, you authorise us to add you to our mailing list and enable us to use your email address for the purpose you signed up for (for example if you sign up to our newsletter then we will send you our newsletter). Each email we send provides you an option to unsubscribe.

If we collected the information (that is not sensitive information) involved from you and you would not reasonably expect us to use or disclose the information for the purpose of direct marketing, or we collected the information from someone other than you, we will only use or disclose the information with your consent or where it is impracticable to obtain your consent.  Either way, we will provide you with a simple means by which you may request not to receive direct marketing communications from Power5.

Power5 undertakes that when we do use or disclose any personal information we hold on you for direct marketing purposes, those direct marketing materials will provide you with an option to declare you do not wish to receive such material in the future. If requested, we will provide you with the source of any information we use or disclose for direct marketing purposes, whether that direct marketing be by us or another organisation; and we will provide you with the opportunity to request that we, or the other organisation, do not send direct marketing information to you. We will also not charge for that request and we will action it in a reasonable time frame. You may also request that we not use or disclose information to facilitate direct marketing by other organisations.

CROSS-BORDER DISCLOSURE OF PERSONAL INFORMATION

Power5 will not transfer personal information about an individual to anyone who is in a foreign country.  Power5 advises that all information is stored domestically within Australia. Power5 only uses direct message routing to Australian communication providers.  All our suppliers are required to commit to adherence with the Australian Privacy Principles.

IF WE CAN’T COLLECT YOUR PERSONAL INFORMATION

If you do not provide us with the personal information we have requested, we may not be able to provide you with an appropriate product or fulfil one of our primary functions and activities.

ADOPTION, USE OR DISCLOSURE OF GOVERNMENT RELATED IDENTIFIERS

As a general practice, Power5 does not use government related identifiers.

QUALITY OF PERSONAL INFORMATION

Power5 will take all steps reasonable in the circumstances to ensure that the personal information we collect from you is accurate, up to date and complete. Where we collect information from you directly, we rely on you to supply accurate information and we may not consider that further steps are required. Power5 will also ensure that all steps reasonable under the circumstances to ensure that the personal information we use or disclose is, when considered in relation to the purpose for which we are using or disclosing the information, accurate, up to date, complete and relevant.

SECURITY OF PERSONAL INFORMATION

Power5 will take all steps reasonable under the circumstances to protect your personal information from misuse, interference, loss; and unauthorised access, modification or disclosure. If we no longer require to hold such personal information, we will take all reasonable steps under the circumstances to destroy or de-identify the information. However, we may retain documents that contain personal information in accordance with document retention practices.

Personal Information is stored on a third party storage provider.

How we protect personal information

Power5 safeguards the security of the data sent to us with physical, electronic, and managerial procedures. Some of these are set out above.

However, we urge customers to take every precaution to protect their personal data when they are on the internet by changing passwords often, using a combination of letters and numbers, and make sure a secure browser is used.

As Power5 uses industry-standard Secure Sockets Layer (SSL) encryption on all web pages where personal information is required, to access these web pages, SSL-enabled browsers such as Firefox, Google Chrome, and Internet Explorer Netscape must be used. This protects the confidentiality of personal and credit card information while it is transmitted over the internet.

We also use SSL when transmitting or receiving message requests, replies or other service or product related data over the internet.

CHILDREN

We completely understand the importance of child and student safety and the responsibility of keeping this sensitive information private, and completely confidential.

Power5 does not knowingly solicit personal information from children.

NOTIFIABLE DATA BREACH

In the event that there is a data breach and if we are required to comply with the notification of eligible data breaches provisions in Part IIIC of the Privacy Act or any other subsequent sections or legislation which supersede this Part IIIC, we will take all reasonable steps to contain the suspected or known breach where possible and follow the following process set out in this clause.

We will take immediate steps to limit any further access or distribution where possible. If we have reasonable grounds to suspect that the data breach is likely to result in serious harm to any individuals involved, then we will take all reasonable steps to ensure an assessment is completed within 30 days of the breach or sooner if possible. We will follow the guide published by the Office of the Australian Information Commissioner (if any) in making this assessment.

If we reasonably determine that the data breach is not likely to result in serious harm to any individuals involved or any remedial action we take is successful in making serious harm no longer likely, then no notification or statement will be made.

Where, following an assessment and undertaking remedial action (if any), we still have reasonable grounds to believe serious harm is likely, as soon as practicable, we will provide a statement to each of the individuals whose data was breached or who are at risk. The statement will contain details of the breach and recommendations of the steps each individual should take. We will also provide a copy of the statement to the Office of the Australian Information Commissioner.

We will then review the incident and take action to prevent future breaches.

ACCESS TO, AND CORRECTION OF, PERSONAL INFORMATION

Access to personal information

Power5 will allow you access to any personal information we may hold on you unless there are lawful reasons to refuse you access. Please contact our privacy officer below for more details.

For example, we may refuse access if we reasonably believe under the circumstances that doing so would: pose serious threat to the life, health and safety to any individual, or to public health and safety; have an unreasonable impact on the privacy of others; or that we consider the request as frivolous or vexatious.  We will also not release the information if it relates: to existing or anticipated legal proceedings between Power5 and you, and would be protected by legal professional privilege; any potential negotiations between Power5 and you would be prejudiced or; it is illegal to release the information, or denying access is ordered by a court or tribunal.

If Power5 reasonably suspects that you are participating in an unlawful activity or serious misconduct in relation to our functions or activities and giving you access to the information would be likely to prejudice our position, Power5 will not release the information to you. We will also not release such information to you if doing so would reveal information that is commercially sensitive to us; or releasing the information would be likely to prejudice any enforcement related activity we may be conducting on behalf of an enforcement body.

If Power5 is refusing to grant access to personal information for any of the above reasons or refusing access in the manner that you have requested, we will consider if there is any way in which we can release the information including the releasing of the information via a mutually agreed third party. If Power5 still considers that we cannot release the information we will provide you with reasons as to why we consider we cannot release the information involved.

If Power5 is in a position to release the personal information we will do so within a reasonable time after receiving your request and in the manner requested by you, if it is reasonable and practicable for us to do so. We may charge a reasonable fee for giving access to the information.

Correction of personal information

If Power5 determines that personal information we hold on you, having regard to the purpose for which it is held, is inaccurate, out of date, incomplete, irrelevant or misleading, or you request us to correct the information, we will take all such steps as are reasonable in the circumstances to correct the information we hold, after considering the reason why we hold the information, and to make sure it is accurate, up to date, complete, relevant and not misleading. Please contact our privacy officer below for more details.

If we had disclosed the original information to a third party and you request us to advise that other party we will take all reasonable steps to update that other party unless it is impracticable or unlawful to do so.

If we refuse to update or correct the information held, we will provide you with the reasons why, how you can complain about our refusal and any other matter we may be required to advise you about in the circumstances. If we have refused to update personal information held, you may request we associate a statement from you, with the information held, that you believe that the information held is inaccurate, out of date, incomplete, irrelevant or misleading. We will then take all reasonable steps under the circumstances to associate any such statement.

If Power5 receives a request from you to update personal information held by us we will respond to that request within a reasonable period of time after receiving the request. Power5 will not charge for your request, the correction of information, or associating a statement.

PRIVACY – ENQUIRIES, REQUESTS, COMPLAINTS, BREACHES

Enquiries regarding this Privacy Policy or the personal information Power5 may hold on you, should be addressed with the Privacy Officer, whose contact details are below.

If you think your personal information, held by Power5, may have been compromised in any way or you have any other Privacy related complaints or issues, you should also raise the matter with the Privacy Officer.

Power5 will ensure your claims are investigated and a formal response will be provided to you, within a reasonable time, considering the circumstances of your claims. If any corrective action is determined to be required, as a result of that investigation, Power5 will take all reasonable steps to rectify the situation and advise you of such, again within a reasonable time considering the circumstances.

If we do not resolve your enquiry, concern or complaint to your satisfaction or you require further information in relation to any privacy matters, please contact the Office of the Australian information Commission, whose contact details are below.

Office of the Australian information Commission

Telephone 1300 363 992

Email enquiries@oaic.gov.au

Office Address Level 3, 175 Pitt Street, Sydney NSW 2000

Postal Address GPO Box 5218, Sydney NSW 2001

Website www.oaic.gov.au

Contacting us

Entity Power5 Pty Ltd

Telephone

Email info@power5.com.au

Office Address 36-38 Gipps Street, Collingwood VIC

Postal Address As above

Website www.power5.com.au