Poolwerx Privacy Policy

Your privacy is very important to us and Poolwerx will always act to protect your information. Poolwerx has taken steps to ensure that your privacy is protected to the best of its ability by the formulation of this Privacy Policy. Poolwerx is very careful about how and when your personal information is collected, used and shared. This statement tells you in general terms what our commitment is, why we need to collect personal information, who we may share that information with (outside of Poolwerx) and how you may access personal information that we keep.

Australian Privacy Principles

This Privacy Policy sets out how we comply with our obligations under the Privacy Act 1988. From 12 March 2014 the Australian Privacy Principles (APPs) will apply to Poolwerx and this policy has been prepared in accordance with those APPs. The APPs replace the National Privacy Principles and Information Privacy Principles that were previously applicable under the Privacy Act 1988. 

There are 13 APPs and these are adopted by Poolwerx as the minimum standard for its Privacy Policy. Poolwerx has taken reasonable steps to implement practices, procedures and systems so as to ensure compliance with the APPs.

Poolwerx manages personal information in an open and transparent way 

Poolwerx manages personal information (as defined in the section 6(1) of the Privacy Act 1988) as follows:

  1. We collect and hold the following kinds of personal information:
    1. your name, your partner’s name, your address, your telephone contact details, your marital status, your age group, your occupation (and duration of that occupation), your combined household income (range), whether you own or rent your home and your personal interests;
    2. your order histories; and
    3. any information passed to us in relation to warranty claims.
  2. We will collect personal information about an individual:
    1. when you register your details with us to receive our periodic newsletter or give us the information;
    2. when you order goods or services, particularly when those products are delivered;
    3. when you open an account with us;
    4. when you shop in our stores and use your credit card; and
    5. sometimes, we may add to your personal additional information from external sources. This is mainly done to verify the accuracy of the information we have and, again, to personalise and improve our service.
  3. We hold personal information:
    1. on any form that you fill in;
    2. on any work order that is submitted by real estate
    3. on computer databases; and
    4. on other printed records.
  4. The reason why and the purposes for which we collect, hold, use and disclose personal information are:
    1. delivery of products or services to you;
    2. completing other transactions with you or on your behalf;
    3. improvement of our service;
    4. protection against fraud or theft; 
    5. providing offers that are of greater interest or benefit to you; 
    6. to conduct credit checks; and
    7. other purposes required or authorised by law, including purposes for which you have provided your consent.
  5. An individual may complain about a breach of the APPs by contacting Poolwerx using the following email address:privacy@poolwerx.com.au and Poolwerx will deal with such a complaint within 10 working days.
  6. Poolwerx is not likely to disclose personal information to overseas recipients. 

You may deal with Poolwerx anonymously or by the use of a pseudonym

An individual can choose not to identify themselves when dealing with Poolwerx in relation to a particular matter unless in relation to the particular matter Poolwerx is required or authorised by or under Australian law, or a court/tribunal order, to deal with individuals who have identified themselves or it is impracticable for Poolwerx to deal with individuals who do not identify themselves.

Collection of personal information

Poolwerx only collects personal information about an individual by lawful and fair means. Unless it is unreasonable or impracticable to do so, the information will be collected directly from the individual.

Poolwerx will not collect personal information (other than sensitive information, as defined in the section 6(1) of the Privacy Act 1988) unless the information is reasonably necessary for one or more of Poolwerx’s functions or activities.

Poolwerx will not collect sensitive information about an individual unless the individual consents to the collection of the information and the information is reasonably necessary for one or more of Poolwerx’s functions or activities or:

  1. the collection of the information is required or authorised by law; or
  2. a permitted general situation exists (as defined in section 16A of the Privacy Act 1988); or
  3. a permitted health situation exists (as defined in section 16B of the Privacy Act 1988).

If we receive personal information that we did not collect we will determine within a reasonable period whether we could have collected the information by soliciting the information ourselves in accordance with APP3. If we determine that we could not have collected the information and the information is not contained in a Commonwealth record we will destroy or de-identify the information. If we determine that we could have collected the information APPs 5-13 will apply to that information and we will inform the individual that we have collected that information from a third party and explain the circumstances of the collection.

If we collect personal information about an individual we will take reasonable steps to notify the individual before or at the time we collect the information (or as soon as practicable thereafter) or otherwise ensure that the individual is aware of:

  1. our identity and contact details;
  2. the fact and circumstance of collection;
  3. whether the collection is required or authorised by law;
  4. the purposes of collection;
  5. the consequences if personal information is not collected;
  6. our usual disclosures of personal information of the kind collected by us;
  7. information about this privacy policy and how to complain about a breach of the APPs; and
  8. whether we are likely to disclose personal information to overseas recipients and the countries where they are located.

Use or disclosure of personal information

We will always make sure that we handle your personal information securely and carefully. We only use and disclose personal information for the particular purpose for which it was collected. For example, in ordering a product or service we will often need to pass personal details such as your name and address to companies who perform parts of our service delivery. This includes organisations such as equipment manufacturers for warranty purposes, delivery companies, external (non-Poolwerx) mail houses and third party fulfilment contractors. We will not use or disclose the information for another purpose unless:

  1. the individual consents to the use or disclosure of the information; or
  2. the individual would reasonably expect us to use or disclose the information for another purpose and the other purpose is:
  3. if the information is sensitive information – directly related to the original purpose; or
  4. if the information is not sensitive information – related to the original purpose; or
  5. it is otherwise required or authorised by law; or
  6. a permitted general situation exists (as defined in section 16A of the Privacy Act 1988); or
  7. a permitted health situation exists (as defined in section 16B of the Privacy Act 1988); or
  8. Poolwerx reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body. If this exception applies Poolwerx will, unless the law prohibits the making of a note, make a written note of the use or disclosure which will include the date of the use or disclosure, details of the personal information that was used or disclosed, the enforcement body conducting the enforcement related activity, how we used the information, who we disclosed the information to and the basis for our reasonable belief.

If a request is made for access to personal information we must be satisfied that a request for personal information is made by the individual concerned or by another person who is authorised to make a request on their behalf, for example, as a legal guardian or authorised agent. We do not sell your personal information to third parties.

Direct Marketing

We will not use or disclose personal information about an individual for the purpose of direct marketing unless:

  1. we collected the information from the individual; and
  2. the individual would reasonably expect us to use or disclose the information for that purpose; and
  3. we provided a simple way for the individual to request not to receive direct marketing communications from us (also known as ‘opting out’), and 
  4. the individual has not made such a request to us.

If the information was collected from the individual or someone else and they would not reasonably expect the information to be used or disclosed for direct marketing, we may still use the information for direct marketing if:

  1. the individual consents; or
  2. it is impracticable to obtain the consent; and
  3. we will provide a simple way of requesting not to receive direct marketing communication; and
  4. in each direct marketing communication with the individual we will make a prominent statement that the individual may make a request to opt out or the individual’s attention is drawn to the fact that a request may be made; and
  5. no request has been made.

We will only use or disclose sensitive information for the purpose of direct marketing if you have consented to the use or disclosure of the information for that purpose.

If you wish to opt out and do not wish to be contacted by Poolwerx (about marketing, special offers or other contacts), please call our Privacy Officer on 1800 009 000.

Third party vendors, including Google, show our ads on third party sites on the internet. Third party vendors use cookies to serve ads based on a user's prior visits to our website. These third parties are provided only with anonymous web browsing information via these cookies. You can opt out of a third party vendor's use of cookies by visiting the Network Advertising Initiative opt out page.

Cross-border disclosure of personal information

We do not disclose personal information to a person or body that is not in Australia or an external territory.

Quality of information, information retention and destruction

We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, up to date and complete. We will take reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification and disclosure. We will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed; and, if the information is not contained in a Commonwealth record; and if we are not required by law to retain the information.

Access to personal information

If you believe that we hold personal information about you and you wish to have access to the information, please send a written request to our Privacy Officer at PO Box 1260, Milton Qld 4064. There may be a small charge for giving access to the information. While we are generally happy to assist you with a request for access to information we have the right to deny your request if it falls within one of the grounds stated in APP12 and we will give to you a written notice regarding that refusal.

Correction of personal information

An individual may seek the correction of personal information by writing to our Privacy Officer at PO Box 1260, Milton Qld 4064 or calling them toll free on 1800 009 000. We prefer to receive written requests as in many cases this assists us to verify your identity. We will respond to the request within a reasonable period after the request is made.

Access to the Privacy Policy

A copy of this Privacy Policy is available free of charge upon request by calling our Marketing Department on 1800 009 000. Should a request be made by an individual or body for a copy of this privacy policy in a particular form Poolwerx shall take such steps as are reasonable in the circumstances to give a copy of the policy to the person or body a copy in the form requested. If we do not provide a copy of the policy in the form that has been requested we shall explain the decision for the refusal to the body or individual making the request.

Updating the Privacy Policy

From time to time Poolwerx shall review and update this Privacy Policy in accordance with any amendments to relevant legislation. Any changes to this privacy policy shall be published on the Poolwerx website.