1. About this Policy
- clearly, communicate how we deal with personal information
- enhance the transparency of XForce’s operations
- give a better and more complete understanding of the sort of personal information that XForce holds, and the way we handle that information.
Who to contact
Once a complaint has been lodged, the Privacy Officer will respond to you as soon as possible.
XForce Privacy Officer Tel: +61 29773 0812
Fax: + 61 2 97731062
Email: [email protected] Mail: PO Box 87, Milperra , NSW 2214, Australia.
You may also lodge a complaint with the Office of the Australian Information Commissioner by telephone: 1300 363 992 or email: [email protected]
2. Information we collect about you
We collect personal information about you that we reasonably need for our activities and providing and promoting our products and services to you, and operating our website. Our business activities include:
- providing you with XForce’s information, projects and services – these are described generally on our website, brochures, advertising, letters, emails and communications to users, suppliers and business partners;
- activities in support of those functions including administration, employment, management, marketing, contracting, online and mobile marketing, IT, legal, security, customer support, finance (including credit control) and human resources;
- activities we plan for the future including new ways of communicating, new products and services, new business models and new businesses.
Generally, the types of information we collect from you includes your name, your email address, telephone number,), credit card information (where necessary), your computer’s IP address and billing information. Other information that we may collect from you by your use of any of our apps includes geographical information/location, your preferences on your global positioning, diagnostic logs,, and other necessary vehicle information in connection with the operation of the app.. We may combine your personal information above with sensitive information and other information about you, for example:
- if you login to or purchase goods on our website we may collect details about you, your user name, site usage and goods and services you may be interested in;
- if you request information from us (for example about a product or service) or register a complaint, we collect information about your request or complaint;
- if you enter a promotion or competition, attend an event or enquire about XForce, we may collect your contact details so that we can follow up on your enquiry or interest by sending you marketing material.
We record this information (personal information) in our database whilst we deal with you. We will remove this information from our database when we have no further need to keep a record of it, except if we are required to keep it by law.
3. How we collect information about you
How do we collect personal information? Generally, we collect personal information directly from you or through your use of any of our apps. We may record your contact details when you call us, when you register and login to our website, when you send us an SMS/MMS, when you use our apps, when you purchase a product or service, when you fill out an application form, a warranty request or a credit application form, when you participate in a transaction, when you provide your contact details via web, mobile or email or when you ask us for information or request something from us. If you use any of our apps, we may collect your preferences for the app, including global position and other GPS data, as well as the diagnostic logs so that you may gain the full use and application of our apps or for fault rectification and diagnostic purposes. Sometimes we may collect personal information about you from another person or business, or from a publicly available source. For example:
- personal information which we obtain from others (including our service providers, websites, social media sites, mobile and other technology-based sources);
- from a friend or someone who refers our projects, products and services to you;
- we may get your details from a publicly released register;
- if you enter a promotion or competition organised by us, we may be given your name and contact details by the promoter of the event.
4. Do you have to provide us with your personal information?
You can deal with us anonymously (without giving us your name and contact details) or by using a pseudonym (a name that does not include your real name, for example, an email address or a user name that you use in an online forum (nickname)). If you choose to deal with us anonymously or using a nickname, we can give you general information about our products and services, but there are some things we cannot do, for example: If you do not give us your personal information, we cannot give you information about your dealings with us, deal with a complaint you may have, provide you with a service or deliver a product or service to you at an address, provide any diagnostic assessment or troubleshoot any issues that you may encounter with our products and you cannot enter into any competitions or promotions anonymously or using a nickname that we conduct. You can deal with us using a nickname together with your real name and contact details. If you choose to deal with us in this way, we may collect your personal information together with your nickname.. We may ask you to provide proof of your identity if you use a nickname.
5. Why we collect personal information about you (purpose of collection)
We collect and record personal information about you so that we can carry out our functions and activities described above. The primary purposes for which we collect your personal information include:
- to provide products and services to you;
- to provide you with news, information or advice about our existing products and services;
- to communicate with you including by email, mail or telephone;
- to manage and enhance our products and services;
- to personalise and customise your experience;
- to provide you with access to any protected areas of our websites;
- to conduct competitions or promotions with or without selected third parties;
- to verify your identity;
- to provide that information as part of business data to third parties if you have authorised us to do so;
- to conduct business processing functions for operation of our website or our business;
- for our administrative, marketing (including direct marketing), promotional, planning, project/product/service development, quality control and research purposes, or those of our contractors or external service providers;
- to provide your updated personal information to us, our contractors, external service providers or end-users in the case of identification of authorised fitters and XForce dealers;
- to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity; and/or
- as required or permitted by any law (including the Privacy Act).
We may also collect your personal information for certain secondary purposes that are related to the primary purposes outlined above. Secondary purposes may include so that we can run our business efficiently, for example, so that our advisors can provide us with customer research, or so that we can use technology to automate our business and to understand how our business is performing, to allow us to operate efficiently and to lower costs by outsourcing services (such as collecting or paying money) and making our processes more efficient. Other secondary purposes may include so that we can sell or transfer our business or merge with another business.
Do we disclose your personal information? We will not sell your personal information without your consent, unless we sell our business or website. We may choose to disclose your personal information to our contractors, our bank, our agents, our related entities, government authorities, law enforcement and any other party who may assist us in providing products and services to you, or in promoting or marketing our products and services to you, or any party who purchases or seeks to purchase our business (or any part of it including a website). We may choose to disclose your personal information to law enforcement and government authorities (‘Authorities’) at our discretion. Disclosure is usually made where we suspect or become aware of criminal or unlawful conduct, or where a request is made by Authorities. Disclosure overseas We may disclose your personal information to an overseas service provider, a cloud data centre or a customer information call centre. Our overseas service providers may be located in the United States of America or another country. You may contact us at any time to determine where the recipients of such personal information are located overseas via the above contact details. If it is not practicable or reasonable for us to gain your consent to disclose your personal information to an overseas service provider, we will take reasonable steps to notify you of the specific countries where we disclose your personal information. We will take reasonable steps to ensure that the overseas services provider is bound by privacy and confidentiality obligations.
7. Access to your personal information
You may request access to the personal information that we hold about you by using the contact details provided above. We will deal with your request for such access within a reasonable time. If we refuse access, we will provide you with a written notice which sets out the reasons for the refusal and the relevant provisions of the Privacy Act that we rely on to refuse access. We may charge you for the reasonable costs incurred in relation to providing you with access to your personal information pursuant to a request from you. Accuracy and correction We take reasonable steps to make sure that the personal information we use and collect is accurate, up-to-date and complete. Where we believe that the personal information we hold is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information. Where we believe that the information we hold is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information and to notify that correction to third parties at your request. You may also request that we correct the personal information that we hold about you, by using our contact details above. We will take reasonable steps to correct the information within a reasonable time. However, if we do not agree with the corrections you have requested, we are not obliged to alter your personal information, but we will give you a written notice which sets out the reasons for our refusal, the mechanisms available to complain about the refusal and the relevant provisions of the Act that we rely on to refuse correction. You can also ask us to associate a statement with the relevant information that puts your view that it is inaccurate, out-of-date, incomplete, irrelevant or misleading. We will not charge you for making a correction request, for correcting your information or for associating a statement with your information. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you.). If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
8. Your rights in the EU
- instruct us to delete your personal information in our possession;
- object to our processing of your personal information, which we will then cease doing;
- receive your personal information in a structured, commonly-used, machine-readable format and transmit this personal information to another entity;
- obtain a restriction on the processing of your personal information,
in certain circumstances, subject to the provisions of the General Data Protection Regulation (EU) 2016/279.
If we hold your personal information in paper-based and electronic files, we will take reasonable steps to ensure that your personal information which is kept in our files is protected from:
- misuse, interference and loss
- unauthorised access, modification or disclosure
This means that, in respect of our paper-based files, we maintain various security systems on our premises, and in respect of electronic files, we (or our service providers) maintain secure electronic network systems. When we no longer require your personal information (including when we are no longer required by law to keep records relating to you), we ensure that it is destroyed or de- identified. Website This section explains how we handle personal information collected from our website (including mobile site if relevant). If you have any questions or concerns about transmitting your personal information via the internet, you may contact us using the contact details provided above. We make reasonable efforts to ensure that the most up-to-date security measures are used on our website to protect your personal information. However, we cannot guarantee that any information transmitted via the internet by us, or you, is entirely secure. You use our website at your own risk. Visiting our website If you access an unsecured part of our website, that is, a public page that does not require you to log on, we (or our service providers) may collect information about your visit, such as:
- the time and date of the visit
- any information or documentation that you download
- your browser type
- your IP address
If you select ‘Yes’ on our website when indicated as to whether or not you would like to receive marketing information then, we may use your personal information, including your contact details, to provide you with information about products and services, including those of third parties, which we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavor to use that method whenever practical to do so. If you receive marketing communications from us, you may contact us to provide you with details of how we obtained your personal information. You may also opt-out of receiving marketing communications from us by contacting us or by using the opt-out facilities provided (e.g. an unsubscribe link, single word instruction or verbally during a direct marketing phone call). We will then ensure that your name is removed from our mailing list. If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us using the contact details set out in section 1 above.