We understand that you, as a visitor or user of an Online Site, are concerned about the security and privacy of information we may gain about you online. We are committed to respecting your privacy and, at all times, complying with our obligations under Australian and New Zealand privacy law (as applicable).
We value the personal information you provide us and will take reasonable precautions to prevent unauthorised access to that information.
Our Main Site uses the services of the firm Google analytics to monitor website use. Google analytics tool does not collect any personally identifiable information while you use our site(s) and the reports it provides us are of aggregated information only. These reports help us to maintain, administer and improve our sites.
Sending electronic messages
Unless otherwise stated, when you send us an electronic message (whether email or otherwise), the content of your message and any email or machine address is retained by us for only as long as it takes to respond to your inquiry or provide you with what you’ve requested, unless you provide us with your permission to retain that information for longer or where we believe there is a legal reason to retain the information for a longer period.
Information collected and how we use it
The information we will collect about you will depend on how you use an Online Site.
If you use an Online Site to read, browse or download information, our computer system may record information such as the date and time of your visit, the pages accessed and any information downloaded. This information may be used for statistical, reporting, site/application administration and maintenance purposes.
An Online Site may offer interactive facilities including tools, games and other online features. If you use any interactive facilities, we may capture any personal information that you may enter when using these tools.
Personal information submitted to an Online Site
When you submit any personal information via an Online Site you consent to that personal information being collected by us and used and disclosed for any purpose permitted by these Online Terms, and otherwise as permitted by relevant privacy laws in Australia and/or New Zealand.
We collect your personal information and may use it for the purposes of identifying you, establishing your requirements and providing products or services, setting up and managing our products and services or other transactions, administering competitions or understanding your needs, and improving our products and services through research, product development or training.
If you do not provide us with personal information we require, we may not be able to provide you with any, some, or all of the features of our products or services available to you.
We may disclose your personal information to and/or collect your personal information from other companies like information technology providers, such as hardware/software vendors and programmers; customer or market research organisations; a representative acting on your behalf; administration or business management services; printers, mail service and delivery providers and imaging and document management services.
In the case of personal information which is provided to us for public display via a Social Media Site (this includes any ‘tweet’ you send to us on Twitter, which we may “re-tweet” to other Twitter users), we may display that information to others or otherwise display the information for any purpose in any media (including, but not limited to, commercial brochures and/or other advertising material).
We may collect your personal information (such as your name, email address or social media site alias) in order to provide you with an interaction or outcome you have requested. This may require us to disclose your personal information to one or more third parties, including but not limited to agents or external service providers.
Your privacy rights and complaint resolution
You have a right to access, update or correct your personal information that is held by us, with some limitations as permitted by Australian or New Zealand law (as applicable). You also have the right to make a complaint about your privacy. You should direct any information access or correction request or privacy concern relating to your use of an Online Site to us at first instance at: email@example.com
We will review your correspondence or request and contact you within a reasonable time with a reply or to ask you for further information, if it’s required. We will ordinarily not charge you a fee to access your personal information, however in some circumstances we may elect to charge you a reasonable fee for access, as permitted by law.
Our Online Sites use “cookies” as a fundamental part of their interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A "cookie" is a small text file placed on your computer by our web server. A cookie can later be retrieved by our website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.
Cookies are used on our Main Site to enable purchase processes. Therefore, if you wish to make full use of the Main Site, or any of our other Online Sites, it is recommended that you accept cookies. Cookies may also be used to collect and use information for a range of purposes, including: to maintain and improve the operation of our Online Sites, to track user preferences and product requirements to customise our Online Sites and improve advertising relevance. We may also have an arrangement with third parties who may use our cookies to improve our advertising relevance to you on their sites.
The personal information of other people
You agree to obtain the prior consent of any other person whose personal information (whether in the form of words, images, recordings or otherwise) you submit to us via an Online Site, including any Social Media Site. We will collect this information from you in good faith and take reasonable precautions to ensure it is handled in accordance with relevant privacy laws in Australian and/or New Zealand (as relevant). If you are not sure whether the other person would agree with you providing their personal information to us, please exercise caution and DO NOT provide it to us.
If you wish to obtain information about how your personal information is being dealt with please do not hesitate to contact us at firstname.lastname@example.org
What is "personal information"?
Personal information is information about an identifiable individual and includes facts or an opinion about you that identifies you or by which your identity can be reasonably determined. Personal information also includes "sensitive information" which is also personal information and which is about your:
· political opinions;
· membership of a political, professional or trade association;
· racial or ethnic origin;
· religious beliefs or affiliation;
· philosophical beliefs;
· membership of a trade union;
· sexual preferences or practices;
· criminal record; and / or
· genetic information.
What type of personal information do we ask you for?
We will usually ask you for a broad range of personal information. The specific type of personal information which we collect will depend on the type of product or service you request from us.
The details of exactly what personal information we need will be found on:
◦ the written forms we ask you to complete;
◦ the questions we ask you on the telephone;
◦ our web site via the internet; and / or
◦ what we ask you in person at a conference, expo or exhibit.
You can expect to be asked for the following types of personal information:
◦ your name, address and contact details;
◦ date of birth;
◦ your gender; and / or
◦ health condition;
◦ details of your children or expectant child/children;
◦ information about your use of our product or service.
How do we store your personal information?
We store your personal information in a variety of ways. These may include:
◦ in computer systems;
◦ databases; or
◦ in hard copy or paper files.
Why do we need your personal information?
The collection of your personal information is essential to enable us to conduct our business of offering and providing our range of products and services. We generally collect your personal information for the purposes of:
◦ identifying you when you are doing business with us;
◦ protecting your personal information from unauthorised access;
◦ establishing your requirements and providing you with the appropriate product or service;
◦ setting up, administering and managing our products and services;
◦ assessing and investigating a claim made by you under one or more of our products; and
◦ understanding your needs and improving our products and services and product development, including training and developing our staff and representatives.
How do we get your personal information?
If we can, we collect your personal information from you.
You give us your personal information in a number of ways such as completing a form, entering a mailing list, requesting a product or service over the phone or Internet, or by visiting us in person at expos and exhibitions. We also collect personal information at other times during the course of our relationship with you. This may be when you advise us of a change in contact details, make a claim or seek assistance or information about a product you have purchased from us.
Do we collect your personal information from third parties?
We may not be able to always collect your personal information from you directly. Sometimes we collect your personal information from other sources such as:
◦ publicly available sources of information such as telephone directories;
◦ a third party to whom we have contracted to provide our products to customers;
◦ market research organisations for the purpose of product planning, development, customer research or marketing;
◦ any third parties (referral) where you have asked them to provide your personal information to us or they have voluntarily given us your personal information as they though you might like to be contacted by us.
Do we need your consent to collect, use and disclose your personal information?
The privacy legislation in Australia and New Zealand does not always require us to seek your consent to the collection, use and disclosure of your personal information. However, in compliance with the privacy regimes there are some circumstances where we are required to, or choose to, ask you for your consent.
We may ask for your express consent or infer your consent.
We will obtain your express consent by asking you to:
◦ provide positive verbal consent such as "Yes" or "I agree";
◦ read and sign a consent form; or
◦ read and sign a document which may also contain a consent request.
We will also respond to your express requests for contact, for example, if you ask us to call you or contact you at a certain pre-arranged time or frequency.
During our business relationship with you and depending on the products and services you choose from us, we may ask for your express consent on a number of occasions.
We may also infer your consent in certain circumstances. Your consent may be inferred by:
◦ your conduct with us, calling us or accepting a call from us and continuing to speak to a member of our staff if they are asking you questions;
◦ when you send us or provide us with personal information voluntarily; and
◦ our business relationship with you, such as when you purchase or acquire a product or service from us.
Are there any additional requirements we comply with when we contact you or need to obtain consent?
There are a number of other legislative regimes that influence how we deal with your personal information and other information that we collect from you. In Australia, if we telephone you we may have to comply with anti-hawking requirements under the Corporations Act 2001 (Cth) and the Do Not Call Register Act 2006 (Cth).
If you are an existing customer of us and you have placed your telephone number on the Australian Communications and Media Authority's Do Not Call Register, you will still need to contact us directly and advise us if you do not wish to receive direct marketing contact from us.
If we send you electronic commercial messages via e-mail or SMS, we may infer your consent to being contacted in this manner where you e-mail or SMS us your electronic address and you require or ask for a response using that same medium, or when you raise no objection to our advised intended communication with you in this manner. This type of communication is covered under the spam and unsolicited electronic messages legislative regime in Australia and New Zealand.
How do we use and disclose your personal information that we have collected?
We use and disclose your personal information for the purposes for which we collected it.
In Australia, we may use and disclose your personal information for a secondary purpose related to the purpose for which we collected it, where you would reasonably expect us to use or disclose your personal information for that secondary purpose. In the case of sensitive information, any secondary purpose, use or disclosure will be directly related to the purpose of collection.
In New Zealand, we may use and disclose your personal information for a secondary purpose only if that secondary purpose is directly related to the purpose of collection. We may also use and disclose your personal information to another party in other circumstances in compliance with the privacy regimes in Australia and New Zealand, including where:
◦ you have given express or inferred consent or authorised us to do so;
◦ we are required or authorised by law to disclose your personal information, for example, to a court in response to a subpoena or to the Australian Taxation Office, Centrelink, Australian Transaction Reports and Analysis Centre (AUSTRAC) and Ministry of Justice as part of our reporting requirements or a direction issued by the New Zealand Inland Revenue Office.
Do we use and disclose your personal information for research and product development and enhancement purposes?
We are interested in knowing what sorts of products and services will best meet the needs of our customers. To do this, we need to engage in research and development processes.
This may mean conducting research tasks such as market research or it may mean developing specific customer propositions for our customers by looking at the products you already have purchased from us.
Where possible and practicable, we will use aggregated or de-identified information to conduct our research and product development. However, sometimes we may need to use personal information to understand how we can improve our products and enhance your experience with us.
We may perform these research tasks in-house, or we may outsource the activity to a third party. If we do outsource to a third party we will ensure they comply with the Australian and/or New Zealand privacy regimes.
Do we use and disclose your personal information for marketing purposes?
We would like to use and disclose your personal information to keep you up to date with the range of products and services available from us. Generally, we will use and disclose your personal information for our own marketing purposes.
We will not use and disclose sensitive information for the purposes of marketing.
How do you tell us you do not want us to use and disclose your personal information for marketing purposes?
If you do not want us to use and disclose your personal information for the purpose of marketing products and services to you, you should contact us and tell us.
You can tell us by emailing email@example.com
If you have told us you no longer wish to receive information about a product or service you have acquired from one of our businesses, we will not contact you about any other products or services. You can, however, change your mind about receiving information about our products and services at any time - just let us know.
You should be aware that often the law requires us to provide you with certain information about the product or service (product information) you have chosen to receive from us. You will continue to receive this type of information from us even if you have decided not to receive marketing information about our products and services generally.
Who do we usually disclose your personal information to and receive personal information from?
The parties to whom we may disclose your personal information to and receive personal information from include customer research organisations or expo organisers or delivery and warehousing agents.
In the course of operating our business and to better understand your needs and improve our products and services, we may disclose your personal information to persons who may appear to be unrelated to us such as the product manufacturer. These people are service providers who assist us in our business and who make the provision of our services and products better.
Many of these service providers work in the background for us and are essential, because they allow us to continue providing you with the standard of product you have come to expect from Babybay and us. Examples of these types of services and service providers are:
◦ information technology providers, including hardware and software vendors and consultants such as programmers;
◦ administration or business management services, including consultancy firms, auditors and business management consultants;
◦ market research organisations for the purpose of product planning, development, customer research or campaign generation;
◦ printers and mail service and delivery providers for the mailing of invoices, dispatch of products that you have ordered and marketing material; and
◦ imaging and document management services.
Do we disclose your information to people overseas?
Instances where we may have to send your personal information overseas include:
◦ when you have asked us to do so;
◦ when we are authorised or required by law to do so;
◦ when we have outsourced a business activity or function to an overseas service provider with whom we have a contractual arrangement;
◦ certain electronic transactions; or
◦ it is necessary in order to facilitate a transaction on your behalf, for example, you are seeking a warranty claim or ordering a product we don’t have in stock and we decide to have that product shipped to you from overseas.
What will happen if you do not provide your personal information to us?
If we request personal information about you and you do not provide it, we may not be able to provide you with the products or services that you request or manage a claim you submitted for warranty, repair, refund, exchange.
In addition, if we are required to comply with certain legislation to provide you with the products and services you choose, then collection of certain personal information may be mandatory.
What if you want to be anonymous?
Generally, it is not possible for us to provide you with our products and services unless we have identified you and in some cases, such as when you place an order to purchase a product or are seeking redress of a faulty or replacement product.
If it is lawful and practicable to do so, we may offer you the opportunity to deal with us anonymously. For example, when making an inquiry about the type of products (including availability) or services we offer.
What if you want to know what personal information we hold about you?
You can request access to the personal information we hold about you by contacting us.
If accessing your personal information will take an extended period of time we will inform you of the likely delay. For more detailed requests for access to personal information, for example, access to information held in archives, a fee may be charged to cover the associated cost of retrieval and supplying this information.
If you wish to lodge a request to access your personal information you can contact us by emailing firstname.lastname@example.org
Are we able to deny your request for access to your personal information?
In some circumstances we are able to deny your request for access to personal information. The privacy regimes in Australia and New Zealand outline circumstances under which we may not agree to allow you access to some or all of the personal information that you have requested. The types of circumstances where we may deny you access to personal information include where the:
◦ request is frivolous or vexatious;
◦ disclosure may prejudice the prevention, investigation and detection of offences or relate to existing or potential legal proceedings; or
◦ disclosure would have an unreasonable impact or involve the unwarranted disclosure of the affairs of another individual.
If we deny your request for access we will tell you why.
It is important to note there are a number of reasons which may prevent us from giving you access to your personal information simply because it is not practicable. For example:
◦ we may not hold any personal information about you;
◦ you have asked for personal information about someone else and are not authorised to do so;
◦ we no longer have the personal information you are asking for, as it has been destroyed or de-identified.
Do we keep your personal information up-to-date?
We rely on the accuracy of the personal information we hold about you to efficiently provide our financial products and services to you.
We will take reasonable steps to ensure that any personal information about you which we collect, use or disclose is accurate, complete and up-to-date. This includes taking reasonable steps to correct inaccurate, incomplete or out-of-date personal information, if you have asked us to do so.
If we disagree with your request for correction of your personal information we will attach a statement to the information of the correction that you seek but which has not been made.
Do we keep your personal information secure?
We will take all reasonable steps to protect your personal information from loss, misuse, unauthorised access, modification or disclosure.
We protect your personal information by:
◦ limiting physical access to our premises to authorised people;
◦ restricting access to personal information;
◦ having in place stand-by systems and information backups to deal with major business interruptions;
◦ maintaining technology security products to prevent unauthorised computer access;
◦ regularly reviewing and testing our technology in order to improve the level of security; and
◦ destroying or de-identifying your personal information when it is no longer required by law.
We maintain industry standard technology and procedures in respect of our information management and provision of online services. Our reviews and updates address such matters as policies, processes and procedures, and technology reviews such as software, virus protection and firewall settings.
E-mail transmissions, such as sending us an email via Outlook, Outlook Express, Hotmail or Gmail, are not necessarily secure. If you have any concern about the security of the contents of your e-mail or any other transaction over the Internet then you should consider contacting us by other means such as telephone.
We employ encryption techniques and the use of firewalls. If you make a transaction involving the submission of personal information over the Internet to us one of our online functions then we employs encryption technology to ensure the security of that personal information transmission. User identifiers, passwords or other access codes may also be used to control access to your personal information.
Once we have received your personal information, it is stored and protected by a range of security controls, including firewalls, user identification requirements and audit trails.
Can you complain about a breach of your privacy?
What if you are not satisfied with our response to your complaint?
If you are not satisfied with our response you can refer your complaint to:
The Office of the Australian Information Commissioner (OAIC) ensures the proper handling of personal information in accordance with the Privacy Act 1988 (Cth) and other legislation under its functions. Complaints to the OAIC must be made in writing.
You can contact the OAIC:
◦ By telephoning 1300 363 992
◦ By writing to: Director of Compliance
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
◦ By visiting: www.oaic.gov.au
In New Zealand
You can contact the New Zealand Privacy Commissioner:
By telephoning – +64 0800 803 909
– Auckland: PO BOX 466
Auckland, New Zealand
– Wellington: PO BOX 10094
The Terrace, Wellington 6143, New Zealand