Personal information is defined in the Privacy Act as 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.
Information we collect from you
When you contact Termite Secrets via our website (such as by sending us an email), which is located at www.termitesecrets.com (Website), we will usually only collect your name and email address. We may collect further details such as your address and telephone number if you elect to provide those to us. When you buy a product from our website, we will collect your name, email address and the country in which you are located.
If we ask you to supply additional Personal Information for specific purposes, we will clearly explain why we request that information and unless we are required or authorised by law to request that information from you, providing such information to us is optional. Under no circumstances will we request any information from you that may disclose your ‘sensitive information’, as that term is defined in the Privacy Act.
We will not collect Personal Information about you from third parties unless:
- you consent to the collection of the information from someone else; or
- it is unreasonable or impracticable to collect the information from you.
If we collect Personal Information from a third party, we will inform you that Personal Information has been collected and the circumstances of such collection.
Personal information via the Website
Most commercial websites use ‘cookies’, which are pieces of information that websites send to the browser and are stored in the computer hard-drive.
Cookies make using the Website easier by storing information about matters such as your preferences on the Website. This allows the Website to be tailored to you for any of your return visits. Cookies will not be used to identify you personally.
If you would prefer not to receive cookies, you can alter your security settings on your web browser to disable cookies or to warn you when cookies are being used. However, by disabling the cookie function in your web browser you may impede your ability to use parts of the Website.
We collect certain information from you using cookies such as:
- your browser type;
- your location;
- your IP address;
- information about when and how you use our website;
- information about your past internet usage, such as websites you visit before coming to our Website.
Your option not to provide your Personal Information
You have the option to interact anonymously or using a pseudonym with our Website. However, if you choose to remain anonymous or use a pseudonym, your experience with our Website may be diminished and we may not be able to offer you our full range of goods and services.
Unsolicited Personal Information
Where we receive unsolicited Personal Information about you, we will check whether that information is reasonably necessary for our functions or activities. If it is, we will handle this information the same way we do with other information we seek from you. If not, we will destroy or de-identify it.
Use and disclosure of your Personal Information
We are the data controller of the Personal Information we collect from you. We take appropriate measures to ensure that all processing of your Personal Information by us, or by our service providers, is lawful. The lawful basis for the processing of your Personal Information will depend on the purposes for which we process your information.
Much of the personal information we collect from you is necessary for us to provide our goods and services to you.
Some of the processing we conduct is necessary in pursuit of our legitimate interests in developing our Website, goods and services and ensuring that they deliver relevant and focused content to you.
Your Personal Information, including your name and email address, will be used, either on its own or as part of aggregated data, for the following primary purpose:
- providing you with any products that you buy from us via the Website;
- purposes necessary or incidental to the provision of our goods and services;
- to ensure the proper functioning of our Website including customising and improving your online experience with us;
- to ensure the proper functioning of the Termite Secrets business;
- sending you marketing and promotional material that we believe you may be interested in and otherwise communicating with you about our goods and services.
We will not use or disclose (or permit the use or disclosure of) Personal Information that could be used to identify an individual member in any circumstances except:
- to ensure the proper functioning of our business and the Website;
- to communicate promotional offers to you;
- where applicable law requires, or authorises, us or a company holding data on our behalf to do so; or
- where you have given express consent to us for a prescribed purpose.
Only with your express consent will we use or disclose Personal Information about you for the purposes of direct marketing.
We may disclose your Personal Information to the following third parties for the above purposes:
- services providers engaged to provide services to us; and
- third parties who we consider may offer goods and services you are interested in.
You can ask us not to do this at any time by contacting our Privacy Officer at email@example.com.
If we are compelled by law to disclose your Personal Information to a third party, we will take reasonable steps to notify you of this in advance, wherever it is lawful and reasonable for us to do so. We will not sell your Personal Information.
Security of Personal Information
In our business, Personal Information may be stored both electronically and in hardcopy form We are committed to keeping your Personal Information secure regardless of the format in which we hold it and we take all reasonable steps to protect your information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, your use of the Website is at your own risk and we accept no responsibility, whether we are deemed to have been negligent or not, in the event of a breach of your privacy. In the event that Personal Information is compromised as a breach of security, we will promptly notify those affected in compliance with applicable law.
Note that no information transmitted over the internet, including by email, can be guaranteed to be completely secure. However, we will endeavour to protect your Personal Information as best as possible but we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.
Access to your Personal Information
In most cases, you have the right to access the Personal Information that we hold about you. If you wish to access your Personal Information or obtain more information about how we process it, please contact our Privacy Officer at firstname.lastname@example.org. We will deal with all requests for access to Personal Information as quickly as possible.
We may charge you a fee to recover the reasonable costs incurred by us in retrieving your information, but in no case will we charge you a fee for your application for access. In some cases, we will refuse to give you access to Personal Information we hold about you. This includes, but is not limited to, circumstances where giving you access would be unlawful; have an unreasonable impact on other people’s privacy; prejudice an investigation of unlawful activity; reveal our intentions in relation to negotiations with you so as to prejudice those negotiations; prejudice enforcement related activities conducted by, or on behalf of, an enforcement body; reveal evaluative information generated within Termite Secrets organisation in connection with a commercially sensitive decision-making process.
We will also refuse access where the Personal Information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. Further, we will refuse access where your request is frivolous or vexatious, and where we reasonably believe that: giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; unlawful activity, or misconduct of a serious nature, is being or may be engaged in against Termite Secrets and giving access would be likely to prejudice the taking of appropriate action in relation to that matter.
If we refuse to give you access we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of our refusal. Further, we will provide details of how you may make a complaint about our decision.
The right to move, copy, transfer or restrict use of your Personal Information
You have the right to ask us for a copy of your Personal Information; to correct, delete or restrict (stop any active) processing of your Personal Information; and to obtain the Personal Information you have provided to us in a structured, machine readable format, and to ask us to share (port) this data to another controller. If you would like to do any of these things, please contact our Privacy Officer at email@example.com. We will deal with these requests in the same manner as described above regarding access to your Personal Information.
The right to correction and removal of your Personal Information
The accuracy of the Personal Information we have requested from you is important to us. We will take all such steps as are reasonable in the circumstances to ensure that all information requested from you is kept accurate, up to date and complete. However, we cannot undertake to ensure that such data, even where it includes Personal Information, is kept accurate, up to date and complete.
Should you suspect, or become aware of, that Personal Information we hold about you is inaccurate, out of date, incomplete or misleading, or if you would like your information deleted entirely, please contact our Privacy Officer at firstname.lastname@example.org.
We will deal with all requests for correction and removal of Personal Information as quickly as possible. Requests relating to a large amount of information, or information which is not currently in use, may require further time before a response can be given. If we refuse to change or delete the Personal Information as you request, we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also provide details of how you may make a complaint about our decision. Further, in case of our refusal, you may request that we take reasonable steps to associate, with the relevant information, a statement that you view it as inaccurate, out of date, incomplete or misleading.
Where we have corrected or deleted Personal Information about you, you may request that we take reasonable steps to give notice of the correction to any third party to which we have disclosed the inaccurate, out of date, incomplete or misleading Personal Information.
Cross-border disclosure of personal information
To provide you with the best service possible, we may use ‘cloud’ based technology services to hold your data, including your Personal Information. As a consequence, your data, including your Personal Information (and if you have provided such information, your sensitive Personal Information) may be held in the data centres used by a provider of such ‘cloud’ based technology services.
It is important to note that, by using the Website, you consent to your data, including your Personal Information being transferred to data centres located outside of Australia. Your decision to use the Website and/or buy a product from us also signals your consent to this technical arrangement under which Termite Secrets does not exercise any direct control over the management of your data in those data centres.
Disposal of personal information no longer required
If we hold personal information about you, and we no longer need that information for any purpose for which the information may be used or disclosed, we will take reasonable steps to destroy or de-identify that information unless we are prevented from doing so by law.
Unsubscribing from our email database
To unsubscribe from our email database, please do so via any link or function contained in an email, via the Website or send an e-mail to email@example.com with “UNSUBSCRIBE” typed into the subject line of the email.
Links to other websites
If you consider that your complaint has not been adequately dealt with by us, you can make a further complaint to the Office of the Australian Information Commissioner, which has complaint handling responsibilities under the Privacy Act.