Issued 7 January, 2002 / Updated 2011
WHAT WE MEAN BY PERSONAL / SENSITIVE INFORMATION
When we refer to your Personal Information we mean information or an opinion including those that form part of our data base that can be used to identify you. While Sensitive Information refers to details of your race or ethnicity, religious or beliefs or affiliations, membership of a professional or trade association or union, sexual preferences or practices, credit history, criminal record or health information.
WHO CONTROLS YOUR PERSONAL INFORMATION
Any personal information provided or to be gathered by us is controlled primarily by Clyde-Apac (a division of AES Environmental Pty Ltd ABN 74 136 515 430) in the State of New South Wales as well as many trading branches nationally.
WHAT INFORMATION DO WE COLLECT AND HOW DO WE USE IT
When you apply for employment or a trading account, we need to know a range of information, including but not limited to: name, address, contact numbers, date of birth, etc. In addition, we may require other information from/about you including but not limited to: country of origin and gender.
If you elect to pay for our services via credit cards or engage in direct debit or account crediting we need to know your card/account details such as: type of card, card number, credit card verification number (“cvn”), expiry dates and name of card-holder, bank, account number and account name.
Some of the information we require from you is mandatory by law as well as for our purposes. That is, it enables us to set up and administer your account, properly identify you, ensure your account is secured and generally enables you to get the most out of our services.
We also use the information we collect for purposes other than those specified above if, you would reasonably expect us to use the personal information for that other purpose, and that other purpose is related to the purposes specified above, for example, to enable us to occasionally contact you about essential information about our products and services and your account and/or important changes to our products and services and how it will affect your account.
We may also use your personal information for the purpose of direct marketing, for example to let you know of: new products and services we offer; special offers we think you may find valuable.
We may only do this where it is impracticable to obtain your prior express consent. You may notify us whenever we contact you that you do not wish to receive any further marketing communications from us. You always have this option in our communication to you.
You may also notify us at any time that you do not wish to receive any marketing communications from us by contacting us. We will respect your wishes. Contact our customer services manager on 08 8229 7800 to arrange this.
If we wish to use any of your personal information for any other purpose other than those specified above, we will not do so unless we have your express consent to do so.
However, there are specific circumstances where we are allowed to, for example: where there are reasonable grounds to believe that disclosure is necessary to prevent a threat to life or health; where we suspect that unlawful activity is or has been engaged in and uses the personal information, information or data to investigate the suspected unlawful activity; or the use is authorised by law or reasonably necessary to enforce the law. These uses may include where we are required to provide information in response to subpoenas or warrants or other legal processes including requests from the Australian Stock Exchange and other Statutory bodies.
Please note that for our business purpose as well as in compliance with record-keeping obligations under Commonwealth and State laws we keep financial accounts that detail your usage of our products and services, payments received and made, as well as make copies of or store records including personal information.
In all cases, your information will be held in strict confidence.
We will not collect any sensitive information from you unless in certain circumstances, for example: where you have given express consent for us to do so; where there are reasonable grounds to believe that disclosure is necessary to prevent a threat to life or health; the use is authorised by law or reasonably necessary to enforce the law; or when the information is necessary for the establishment, exercise or defence of a legal claim.
DISCLOSURE OF YOUR PERSONAL INFORMATION
When you apply for a trading account through us we need to disclose the information you provide us to the relevant referees, banks and credit reference agencies. When you apply for emplyment with us we need to disclose certain information to referees and prior employers to verify your employment history and performance.
We may disclose the personal information, other information or data we collect from you for the purpose specified to you at the time of collection or for another purpose if: you would reasonably expect us to disclose it for that purpose; and that purpose is related to the purpose specified to you at the time of collection.
If we wish to disclose any of this personal information, information or data other than as set out above, we will not do so unless we have your express consent to do so.
We will not provide your personal information to third parties without your consent, except: where there are reasonable grounds to believe that disclosure is necessary to prevent a threat to life or health; where we suspect that unlawful activity is or has been engaged in and uses the personal information, information or data to investigate the suspected unlawful activity; or, the use is authorised by law or reasonably necessary to enforce the law. These uses may include where we are required to provide information in response to subpoenas or warrants or other legal process including requests from the Australian Stock Exchange.
SECURITY OF YOUR PERSONAL INFORMATION
We will take reasonable precautions to ensure that all information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment and accessed only by authorised persons.
It is important to bear in mind that, no data transmission over the Internet can be guaranteed to be absolutely secure. While we endeavour to protect your personal information from misuse and loss and unauthorised access, modification or disclosure, we cannot guarantee the security of any information you transmit to us or receive from our online products or services. These activities are conducted at your own risk. Once we receive your transmission, we make our best effort to ensure its security.
Our employees and contractors will have access to your personal information to a level that is necessary to enable them to perform their jobs. They are obliged to respect the confidentiality of any personal information held by us.
Bank account and credit card information is among the most sensitive and important data that we collect. We employ password protected systems and limit access to this information to key staff only to minimise the risk of unauthorised use of such information. For obvious reasons, please do not send credit card information through unsecured electronic mail.
YOU CAN ACCESS, CORRECT OR UPDATE YOUR INFORMATION
You will always have access to the information and content that you provide to us. There are exceptions to this right and they include: where providing access will pose a serious threat to life or health of any individual or pose an unreasonable impact on the privacy of an individual; your request for access is frivolous or vexatious; where the information relates to existing legal proceedings between us and you and the information would not be discoverable in the process of those legal proceedings; or where providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of laws, or denying access is specifically authorised by law.
If we do not allow you access to your personal information, we will endeavour to provide you with the reasons for our decision.
You can choose to modify or delete your personal information, unless it is mandatory information required for maintenance of our account with us. If you believe that the personal information we collected about you is inaccurate, incomplete, or not up-to-date please notify us immediately so that we may correct and/or update the information.
At Clyde-Apac, we are committed to protecting your privacy. Please also be aware that whenever you voluntarily disclose personal information this information can be collected and used by others. Information you provide to us will be used only for ethical business purposes and will not be disclosed to third parties without your consent.
ADDITIONAL PRIVACY INFORMATION
If you are interested in obtaining additional information of privacy, you can visit the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au.
TELL US WHAT YOU THINK
Whilst we endeavour to provide you with up to date information on this issue, there may be areas of concern that we may have not covered in this policy, which as always, is subject to changes. If you have any concerns or questions, please contact us by phoning 1300 550 116, or sending e-mail to email@example.com we value your comments and welcome your feedback.