(g)  notify you of any changes to the Website and to our related documentation, including our Terms and Conditions and this Privacy Policy;

(h)  collect payments from you; and

(i)  send you marketing communications such as offers, promotions, or advertisments for online workshops, blog posts posted on the Website, or videos uploaded by Powertex.

4.2. Powertex may contact you by a variety of measures including, but not limited to telephone, email, SMS or mail.

5. DISCLOSURE OF YOUR PERSONAL INFORMATION

5.1.  Powertex may disclose your personal information to any of its employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as it is required, incidental or otherwise related to the primary purpose of providing the Services to you, for which you have consented to by accessing the Website or using the Services. Personal information is only supplied to a third party when it is required for the delivery of our Services.

5.2.  Powertex, in its sole discretion, may disclose your personal information if it is required to do so by law or legal process, including:

(a)  in order to establish, exercise or defend its legal rights;

(b)  as required or authorised by law; or

(c)  to the extent required to permit Powertex to investigate suspected fraud, harassment or other violations of any law, rule or regulation, our policies, or the rights of third parties or any other suspected conduct Powertex deem improper.

5.3.  You will be notified by an email to your email address if your personal information is being disclosed due to law or legal process.

5.4.  We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Powertex, the Website, its customers or third parties.

5.5.  If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. Powertex only discloses personal information in good faith and where required by any of the above circumstances.

5.6.  By providing Powertex with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Privacy Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Privacy Policy regarding handling your personal information.

6. SECURITY OF YOUR PERSONAL INFORMATION

6.1.  Powertex is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, Powertex has put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss, unauthorised access, modification and disclosure. Powertex is not liable for any unauthorised access to your personal information.

6.2.  The transmission and exchange of information is carried out at your own risk. Powertex cannot guarantee the security of any information that you transmit to Powertex or receive from Powertex. Although Powertex takes measures to safeguard against unauthorised disclosures of information, Powertex cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

6.3.  Powertex will take commercially 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 Powertex is not required to retain that information by law.

7. ACCESS TO YOUR PERSONAL INFORMATION

7.1.  You are responsible to ensure that the information you provide to Powertex is accurate, complete and up to-date.

7.2.  It is important that you advise Powertex of changes to your personal information that you have provided to Powertex as it is essential that your personal information is accurate, complete and up-to date in order for Powertex to provide the Services to you. If you discover that the personal information you have provided to Powertex is incorrect or changes, you can contact Powertex at contact@powertex.com.au.

7.3.  You may request to know what sort of personal information is held about you, for what purposes, and how it is collected, held and used and disclosed by contacting Powertex at contact@powertex.com.au.

7.4.  You may request to access your personal information by contacting Powertex at contact@powertex.com.au. Powertex reserves the right to charge a reasonable administration fee for access to your personal information.

7.5.  Powertex in its sole discretion, may consider that there is a sound reason under the Privacy Act, Freedom of Information Act or other relevant law to withhold personal information, or not make the requested changes.

8. IDENTIFIERS AND ANONYMITY

8.1. You acknowledge that Powertex retains, collects and maintains your personal information for statistical analysis purposes (whether for commercial or non-commercial purposes). You agree that Powertex may share, distribute and/or transfer information which you have provided to Powertex to third parties, after that information has been de-identified.

9. TRANS-BORDER DATA FLOWS

9.1. Powertex may use cloud services, and as such, its servers may be located in Australia or overseas and you acknowledge, agree and understand that your personal information may be transferred and stored in Australia and other foreign jurisdictions which the cloud services may direct the data to be stored. You agree for us to transfer your information into foreign jurisdictions for the purposes of providing you with the Services.

9.2. In addition to the above, Powertex will transfer personal information to someone who is in a foreign country where:

(a)  Powertex 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 individual consents to the transfer;

(c)  the transfer is necessary for the performance of a contract between you and Powertex, or for the implementation of pre-contractual measures taken in response to your request;

(d)  the transfer is necessary for the conclusion or performance of a contract concluded in your interest between Powertex and a third party;

(e)  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; or

(f)  Powertex has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.

10. SENSITIVE INFORMATION

10.1.  Sensitive information is defined in the Privacy Act to include information or opinion about such things regarding 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.

10.2.  Sensitive information will be used by Powertex 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.

11. COMPLAINTS ABOUT PRIVACY

11.1. If you have any complaints about Powertex’s privacy practices, please feel free to send in details of your complaint to contact@powertex.com.au.

11.2. 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 about their personal information; or

(g)  a refusal to change or delete personal information.

11.3.  We notice of your complaint to advise you of the outcome following Powertex’s enquiry into the same. You will also be invited to respond to its outcome. If a response is received, Powertex will assess your response and advise if it has changed its view. If you are unsatisfied with the final outcome, Powertex will advise further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.

11.4.  If you prefer to correspond by mail you may request our postal address.

12. OPTING-OUT OF DIRECT MARKETING