Privacy Policy

POWERTEX AUSTRALIA PRIVACY POLICY

1. PRIVACY POLICY

1.1.  Powertex Australia (ABN 61 644 524 800) is a business registered in Australia (Powertex) and 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. By using or accessing Powertex’s Website (the Website) or using Powertex’s Services (the Services), you are giving consent to Powertex for the use of your private information in the manner set out in this Privacy Policy.

1.2.  Powertex respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act. This policy sets out how we collect and treat your personal information.

1.3.  “Personal information” is information Powertex holds which is identifiable as being about you.

2. COLLECTION OF PERSONAL INFORMATION

2.1. Powertex may collect and use the following kinds of information

(a)  Information about your use of the Website and Services, including:

(i)  your location;

(ii)  your IP address;

(iii)  browser type;

(iv)  device identification address;

(v)  version and language;

(vi)  operating system; and

(vii)  “cookies”.

(b)  information about your personal details when you create an account including:

(i)  your name;

(ii)  email address;

(iii)  mailing address; and

(iv)  telephone number .

(c)  information about your behaviour and activities when you use the Website, including:

(i) your purchase history;

(ii) your product searches;

(iii)  your credit card or payment details;

(iv)  the number of times you have participated in online workshops;

(v)  the webpages, blog posts and pre-recorded videos that you accessed while browsing the Website; and

(vi)  the number of times you viewed a webpage, blog post or pre-recorded video.

3. HOW WE COLLECT YOUR PERSONAL INFORMATION

3.1.  Information about your personal information may be collected from you in a variety of ways, including, but not limited to:

(a)  when you register and create an account on the Website,

(b)  when you interact with Powertex electronically or in person,

(c)  when you access the Website or Services;

(d)  when you participate in a workshop; and

(e)  when you provide feedback, respond to surveys and promotions, change your details, or communicate with our customer support.

3.2.  If Powertex receives any of your personal information from third parties, Powertex will protect such personal information in accordance with this Privacy Policy.

3.3.  Powertex does not knowingly collect or process the personal information of children. If you are under the age of 16 you must not provide Powertex with your personal information without the consent of your parent or guardian.

4. USE OF YOUR PERSONAL INFORMATION

4.1. Powertex may use personal information collected from you to:

(a)  enable your access to the Website and the Services;

(b)  track usage and measure traffic statistics of the Website;

(c)  supply to you the videos, online workshops, and gift certificates;

(d)  provide you with information and updates and make you aware of new and additional products, services and opportunities available to you;

(e)  enhance your experience on the Website by providing a personalised and curated Website tailored to you;

(f)  supply to you Product recommendations based on your recent searches and purchases;

(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

Powertex aims to give you a highly personalised experience when using the Website and the Services. In order to do so, Powertex may use your personal information to send you advertisements to your email address. If you decide you do not want to receive these emails containing advertisements, you can request to unsubscribe from the mailing list by clicking ‘Unsubscribe’ at the bottom of the email.

13. CHANGES TO PRIVACY POLICY

13.1.  This privacy policy is available online via the Website.

13.2.  Powertex reserves the right to modify this Privacy Policy at any time, for any reason, in our sole discretion and without any notice, by posting a revised version on the Website. Any changes will be effective immediately upon our posting of the revised version on the Website. Please check back from time to time to review our Privacy Policy. Your use of the Website and Services following these changes means that you accept the revised Privacy Policy.

13.3.  Please be aware that we may change this Privacy Policy in the future.

14. MISCELLANEOUS

14.1. Waivers

In limited circumstances, Powertex may allow you to waive application of this Privacy Policy. A waiver of this Privacy Policy must be in writing and signed by Powertex. Powertex anticipates that take complaints very seriously and will respond in a timely matter after receiving written the waiver of this Privacy Policy would only be in exceptional circumstances, and Powertex encourages that you consider the circumstances leading to the waiver request prior to submitting such a request.

14.2. Governing Law & Jurisdiction

This Privacy Policy is governed by the laws of Western Australia, Australia. In the event of any dispute arising out of or in connection with this Privacy Policy, you agree that the exclusive venue for resolving any dispute shall be Western Australia, Australia.

15. COOKIES

15.1.  Powertex uses cookies, web beacons and measurement software (the Cookies) on the Website and the Services to:

(a)  store details about your use of the site to provide you with a personalised experience tailored to you, for example remembering your preferences and greeting you by name;

(b)  analyse website traffic, trends and reporting statistics to improve the Website and Services;

(c)  provide you with targeted marketing communications; and

(d)  provide you with relevant advertisements when you visit the Website through third party services such as Google Ad.

15.2.  You may reject or delete the use of Cookies through the settings on your browser settings.

16. THIRD PARTY SITES

16.1. The Website may from time to time have links to other websites not owned or controlled by Powertex. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Powertex is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

17. CONTACT

17.1. Please contact Powertex at contact@powertex.com.au if you have any questions regarding this Privacy Policy.

© Powertex Australia

Last Update: 13th May 2020

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