Poolwerx Management Pty Ltd and Poolwerx Priority Pty Ltd and all its subsidiaries, and each Poolwerx franchisee (“we”/ ”us”/ ”our”):
- operating in Australia endeavour to comply with the Privacy Act 1988 Aus and the Australian Privacy Principles which together are referred to in this policy as “Australian Privacy Law”; and
- operating in New Zealand endeavour to comply with the Privacy Act 1993 NZ and the New Zealand Privacy Principles which together are referred to in this policy as “New Zealand Privacy Law.”
This policy applies to anyone who accesses any website of ours. It also applies to anyone who deals with us or from or about whom we collect personal information (whether as a prospective or an actual customer, guarantor, contractor, supplier, service provider, employee, franchisee or in any other capacity whatsoever).
We may collect personal information and sensitive information in respect of any person to whom this policy applies (“you”). We will give you a hardcopy of this policy on request – refer to the heading “Our Contact Details”.
You are not required to provide us with your name or any personal information if you do not wish to. You are free to use any name allowed by law. We, however, may not deal further with you without obtaining your real name and other verifiable pieces of personal information.
By visiting our website or dealing with us
By visiting our website or otherwise dealing with us, you agree to this policy and you also agree to the collection of your information by the website or otherwise and also to our collection, holding, use and disclosure of your information in accordance with this policy.
The kinds of information we collect and store
We may collect and store personal information about you, including your:
- date of birth
- employer, previous employers and length of any employment
- email address
- telephone numbers
- photos, images and biometric information
- information found on social media
- contact details
- payment details
- your marital status
- your occupation (and duration of that occupation)
- your combined household income (range)
- whether you own or rent your home and your personal interests
- customer history with us
We may also collect and store information about your visits to our website, including:
- the browser type, device type, domain name, IP address and operating system of the computer from which you accessed the internet
- the date and time you accessed the website
- the source from which you linked directly to our website
- the pages you accessed while visiting the website and your interactions with the website
Your internet service provider or the providers of your internet browser software may also collect such information for their own purposes. We are not responsible for the collection, storage and use of such information by these entities and refer you to their respective privacy policies.
If you apply for employment or to become a franchisee we may also collect and store information including your:
- education, training and other qualifications
- work history
- professional or trade associations or union membership
- hobbies and other interests
- criminal history
- personal statements about your attitudes to:
- other workers
We may collect personal and sensitive information from you in relation to your application for employment with us or to become a franchisee. We will collect, hold and use that information solely for the purposes of assessing your application. If you are successful, your information will become part of your record.
From our franchisees, we also require company details including ABN and/or ACN, financial information including bank account and credit card details, profit and loss statements, balance sheets, weekly takings information, sales data and other business related information which may contain personal information.
How we collect your personal information
- inquire about our goods or services or about becoming our customer, or if you become our customer, in relation to any goods or services
- make enquiries about or submit an application to become a franchisee, employee, independent contractor, supplier of us or any of our franchisees
- provide us with your personal information in relation to a competition, promotional campaign, requesting a quote, make a complaint or for any other reason
- visit our website or participate in an online enquiry
- visit or participate in any activity on any website or social media site established by us
- apply to join and participate in a loyalty program
- apply for or accept grants or other assistance from us
- otherwise deal with us
then we may collect personal, credit and/or sensitive information about you from you or from other sources when it is impractical or unreasonable for us to collect it directly from you. These sources may include:
- a credit reporting body
- someone authorised by you such as an agent, broker, accountant, solicitor, attorney, financial counsellor, introducer, business colleague, associate, family member or guarantor
- a referee
- an employer (current or former)
- a government body
- financial institution
- a professional or trade association or trade union
- a manufacturer or distributor of any products or services supplied by us, purchased by you or in respect of which you have made enquiries or which you get serviced or repaired with us
- our agents such as commercial agents, debt collectors or solicitors
We may collect the information in person, over the telephone or internet, by mail, fax, email or camera, through social media or biometric reader, by other electronic means or by completion of an application or consent form, whether on-line or otherwise. We may also purchase it from third parties if lawful to do so.
We may collect the information from your visit to our website through the use of technologies such as anonymous identifiers, session variables and cookies. If you set your internet web browser to block or limit cookies, some features of our website may not work as efficiently or at all.
How we hold your personal information
We use reasonable endeavours to secure your personal information which may include:
- maintenance of a secure environment for storage of information
- requiring that access to such information be confined to authorised personnel
- using technology such as encryption or password protection to secure information
We require and/or expect other entities that collect your information from us to use reasonably available technology to secure it.
We are not responsible for the security of any computer, mobile phone, tablet computer or other device whatsoever which you use to access our website or to communicate with us and through which we provide communications to you.
The purposes for which we collect, hold, use and disclose your information
We may share your information within the Poolwerx network, which includes our franchisees.
We may collect, hold, use and disclose your information for the following purposes:
- the provision of goods or services to you
- the administration of agreements to which you or we are a party and to assess compliance with them and benchmark performance
- the administration of any warranty provided to you
- the consideration of any application or proposed guarantee by you
- to ask about your experiences with or impressions of goods or services supplied by us or to you or in respect of which you have made enquiries
- to contact you regarding product recall
- to conduct customer care, marketing, promotional and advertising activities
- to conduct surveys and assess market trends
- to improve website functionality or useability
- to facilitate the operation or functionality of operational, administrative, information and other systems and procedures
- to assist with audits, reviews, investigations or enquiries concerning goods or services supplied by us or to you or otherwise
- the administration, management or improvement of business
- for data analytics and market research
- for purposes outlined in policies, procedures or manuals
- for a time and attendance system or provision of services such as training for employees, contractors or providers or receivers of goods or services
- assessment and processing of job or other applications
- to share between our related bodies corporate and franchisees for any of these purposes
- to exercise, enforce, take lawful action in respect of, secure or perfect any right or agreement
- to communicate with you (or to disclose your personal information to third parties so they may communicate with you), by way of direct marketing, information about our goods or services or those of other organisations
- to search public records or registers, or to register information or an interest thereon
- any potential or actual sale, transfer, merger, acquisition, restructure or other dealing in respect of business or assets
- agreements we have with manufacturers, distributors or suppliers of goods or services supplied by us or to you or in respect of which you have made enquiries or which you get serviced or repaired with us, other suppliers, financiers, insurers, brokers, service providers, dealer associations or other external parties whatsoever (“counterparties”)
- to allow counterparties to achieve any of these purposes and share your information with other organisations whether or not part of our group (including dealerships and businesses in their networks and their suppliers, service providers, associates and other external parties whatsoever) for these purposes (and this includes disclosure to the counterparties and other organisations for such purposes and we refer you to their privacy policies)
- to communicate with you for any of these purposes
- any purpose requested or consented to by you
- any purpose required, authorised or permitted by law
- compliance with any law including the National Consumer Credit Protection Act, Privacy Act, Anti-Money Laundering and Counter-Terrorism Financing Act and any other law whatsoever
- providing franchisee support and all things of or incidental to carrying out our role as a franchisee
- to comply with disclosure requirements under the Franchising Code of Conduct
- any purpose referred to in this policy
How to opt out of receiving direct marketing material
If we send you direct marketing material we will provide you with a means to opt out of receiving further material.
You may opt out of receiving direct marketing material from one or more of us only by contacting us as referred to under the heading “Our Contact Details” or by any other means referred to in the direct marketing material.
If you wish to raise concerns about direct marketing material you receive from us or through use by others of our databases, please contact us as referred to under the heading “Our Contact Details”.
Whether we supply your information to overseas recipients
Your personal information may be transmitted to overseas recipients as part of our ordinary business or normal use of our information technology systems. Some of our operations, related entities and/or third party service providers are located in countries outside of Australia (including but not limited to United States of America, New Zealand and the Philippines (“Recipient Countries”).
When we supply your information to any overseas recipients, we shall do so only for purposes listed in this policy and in accordance with Australian Privacy Law and/or New Zealand Privacy Law, as applicable.
If you have contacted our Privacy Officer (see below for contact details under the heading “Our Contact Details”) and are not satisfied with our dispute resolution process, you may also refer the matter to:
The Office of the Australian Information Commissioner GPO Box 2999 Canberra ACT AUS 2601 Tel: 1300 363 992 Fax: 02 9284 9666 Website: www.oaic.gov.au
Privacy Commissioner of New Zealand PO Box 10 Wellington NZ 6143 Tel: (04) 474 7590 Fax: (04) 474 7595 Website:www.privacy.org.nz/
How you may access your personal information
Any request for access to your personal, sensitive or credit information held by us must be sent by email or post to our contact details referred to below under the heading “Our Contact Details”.
If we are unable to grant your access, we will give you our reasons in writing within a reasonable time. These may include where providing the information to you may:
- reveal personal information about another individual person
- pose a threat to the health or safety of another individual person
- not be permitted by law
- reveal information of a commercially sensitive nature which is not required to be disclosed to you by Australian Privacy Law
There is no charge to make a request for access to your information but we may apply an administration fee for providing access.
How you may correct any personal information we hold about you
If you believe any personal information we hold about you is incorrect, please contact us to the contact details referred to below under the heading “Our Contact Details” and tell us what information is, in your belief, incorrect and how you want it changed.
We will deal with your request according to Australian Privacy Law or New Zealand Privacy Law, as applicable. If we receive a request for access or correction, we will provide our response and/or complete any reasonable action within the timeframe required by law.
If we have supplied credit information which we have agreed to correct to a credit reporting body, we will notify that body within the timeframe required by law.
Complaints about how we deal with your personal information
If you have any complaint about how we deal with your personal information, please contact our Privacy Officer at the contact details referred to below. Our Privacy Officer will follow our Privacy Internal Dispute Resolution Process.
Our Contact Details
All communications you send to us must be sent by email or post to the following address AND marked to the attention of “The Privacy Officer”:
- By email: firstname.lastname@example.org
- By post: 10 Camford St, Milton QLD 4064 Australia
Changes to this Policy
- changes to the law
- changes to technology
- changes to our business practices, procedures or systems
We will notify such changes by including the updated policy on our website. Where the changes may affect you in a particular way, and you have a contract with us, we will notify you if required by the contract or Australian or New Zealand Privacy Law.