Privacy policy
Jacques Technologies Pty. Ltd. ACN 074 448 712 (Jacques, otherwise referred to as “we”, “us” and “our” in this policy) is committed to respecting your right to privacy and protecting your personal information.
We will ensure that all employees, officers and subcontractors of Jacques are aware of and understand our obligations under the Privacy Act 1988 (Cth) (Act), as well as their own obligations with respect to the privacy and confidentiality of your personal information.
We will achieve this through the provision of training and through maintaining and implementing internal policies and procedures to prevent personal information from being collected, used, disclosed, retained, accessed or disposed of improperly or for improper purposes.
The Jacques privacy policy (Policy) has been prepared in compliance with the Act and the Australian Privacy Principles (APPs), and applies to all your dealings with us – whether in person or via telephone, e-mail, correspondence or our website (www.jacques.com.au) (Website). Access to the Website will enable you to visit our online shop and place orders for products and services we offer.
The purpose of this Policy is to:
- give you a better and more complete understanding of the kinds of personal information we collect and hold;
- clearly and concisely communicate how and when we collect, disclose, use, store and otherwise handle personal information;
- inform you about the purposes for which we collect, hold, use, disclose and dispose of your personal information;
- provide you with information about how you may access your personal information, and seek correction of your personal information;
- provide you with information about how you may make a complaint, and how we will deal with any such complaint;
- advise you of the circumstances in which we are likely to disclose personal information to overseas recipients; and
- enhance the transparency of our operations.
Please read the Privacy Policy in full before proceeding any further on the Website
- Collection of Personal Information
- Whenever you deal with us, we may collect personal information in order to provide products and services to you. We do not collect personal information unless it is reasonably necessary for, or directly related to, one or more of the products we offer, services we provide or functions we carry out.
- ‘Personal information’ is defined in the Act as “information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
- Jacques is the sole owner of the information collected from the Website. We do not, or will not sell, share, or otherwise distribute this information to others for purposes that differ from the disclosed purposes in this Policy.
Types of personal information
- The types of personal information we generally collect includes (but is not limited to):
- name;
- date of birth;
- residential, residential and/or business addresses;
- e-mail address;
- contact telephone number(s) – home, mobile and/or work;
- occupation (including, where necessary, employer details);
- delivery instructions;
- financial information (including but not limited to credit card or other necessary details to facilitate payment for any products you propose to purchase); and
- depending on the circumstances of our relationship and the terms on which you propose to purchase our products, any other information we may reasonably require to confirm your identity or verify your credit history.
Direct dealings with you
- We will, where it is reasonable and practicable to do so, collect your personal information directly from you. This may happen when you fill out a form or when you give us personal information in person, or via telephone, e-mail, correspondence or on our Website. For example, this will occur if you wish to join the subscription list for our newsletter (however please note that a subscription to our newsletter can be cancelled at any time by following the instructions contained in the newsletters).
Sometimes we will collect personal information from a third party or publicly available source (for example, address details or telephone numbers where we have been unable to collect them from or confirm them through you).
Unsolicited or inadvertent collection of personal information
- If we receive or have otherwise collected personal information that we did not solicit, we will determine as soon as reasonably practicable whether we could have lawfully collected that information as part of our functions or business activities. If we are not satisfied that we could have lawfully collected the information, then we will (if it is lawful and reasonable) destroy the information or take steps to ensure that it becomes sufficiently de-identified.
Anonymous dealings
- You may choose to deal with us anonymously or under a pseudonym where lawful and practical. Where anonymity or use of a pseudonym will render us unable to provide the relevant product or service or do business with you, we may request that you identify yourself. For example, it may be necessary for us to require your actual name where we are required to liaise or lodge documents with financial institutions or government agencies.
- Sensitive information
- The Act places strong restrictions on the collection of sensitive information, which is listed in the Act and includes (but is not limited to) information or opinion about an individual’s ethnic origins, religious beliefs, membership of trade associations or unions, criminal records and health information.
- It is very unlikely that we will need to collect sensitive information from you when you order products and services from us. We would only in very limited circumstances require the collection of your sensitive information (for example, if you are seeking employment with Jacques) and we will let you know why we need to collect your sensitive information if any such circumstance arises.
- How we collect your personal information
- The means and manner by which we will collect your personal information will differ depending on the products and services we are to provide you.
- We may collect your personal information:
- directly from you, either in person, or by telephone, e-mail or facsimile;
- when you place an order through the online shop;
- when you interact with the Website and/or online shop; or
- from other related sources.
- Use and Disclosure of Personal Information
Purposes for collection
- The purposes for collecting, using and disclosing your personal information will necessarily depend on the type of products and/or services you order from us.
- The main purpose for collecting your personal information will relate to the sale and delivery of products and the commission of any services you may require.
Other ancillary purposes for collecting your personal information may include:
- to set up your account with Jacques (for use of the online shop);
- to co-ordinate delivery of products to you;
- to respond to your queries about our products and services;
- marketing and promotional purposes (including competitions);
- to analyse and profile customer trends and habits;
- to provide a forum for feedback, reviews or complaints;
- to contact you about new products and services;
- to assist in the operation and management of the Jacques business (including staff training, product development, risk management, record keeping and accounting);
- to monitor or improve our product standards, support and client service;
- to comply with our statutory obligations to assist in the prevention of fraud, money laundering and other criminal activities; and
- to comply generally with our legal obligations.
Cookies
- Your personal information will not be collected in circumstances where you are just browsing or navigating the Website. However Jacques does use ‘cookies’ in order to customise the Website.
- A cookie is a small piece of text that is temporarily placed within the memory of a computer system and that may be later retrieved by web page servers, and thereon may be used by Jacques to enhance your interaction, convenience and overall experience in using the Website.
Cookies may record information about your visit to the Website, including the previous sites you visited, your server’s IP address and the information downloaded by you. We assure you that cookies cannot be used to personally identify you as the source of the data contained within it, and are instead aggregated and used only for broader statistical purposes.
- At this stage, Jacques only uses cookies for customer log-in purposes, and we will update this Policy as soon as practicable if cookies are to be used beyond this current purpose.
Disclosure
- We will only use and disclose your personal information for the purpose for which it was initially collected (eg one of the purposes for collection above) or for purposes which are directly related to one of our functions or activities.
- We will not disclose your personal information to government agencies, private sector organisations or any third parties, unless one of the following circumstances apply:
- you have consented to the disclosure;
- you would reasonably expect, or you have been advised, that the information of the kind collected by us is usually passed to those government agencies, private sector organisations or other third parties;
- the disclosure is otherwise required or authorised by law; or
- the disclosure is reasonably necessary for enforcement-related activities conducted by, or on behalf of, an enforcement body (for example, police services, the Australian Transactions and Reports Analysis Centre (AUSTRAC), the Australian Taxation Office (ATO), the Australian Securities and Investments Commission (ASIC), the Immigration Department or the Australian Security and Intelligence Organisation (ASIO)).
- Like many other small to medium businesses in Australia, we may rely upon third party suppliers or contractors to provide specialised services, such as web hosting, cloud computing technology or data storage services.
If personal information is provided to such parties in order to enable them to perform agreed tasks, we will make every reasonable effort to ensure that these parties handle the personal information in every respect in accordance with the APPs. As is standard procedure for Jacques, we will require all suppliers and contractors to provide privacy undertakings and enter into confidentiality agreements.
- There may arise in very limited circumstances the need for us to collect a government-prescribed identifier from you (for example, your tax file number). We will not use or disclose any such government-prescribed identifier unless required, obligated or authorised to do so by law or court order.
- Disclosing your Personal Information to Overseas Locations
- There may be circumstances where Jacques is required to disclose personal information about you to third parties located overseas (Overseas Recipients).
The most common circumstance requiring such disclosure is where Jacques holds a database or server that is hosted overseas.
- We have an obligation under the APPs to take reasonable steps to ensure that Overseas Recipients do not themselves breach the APPs in respect of your personal information.
- We will take all reasonable steps to satisfy our obligations within the APPs relating to disclosure of your personal information to Overseas Recipients.
- The countries to which we are most likely to disclose your personal information include Malaysia, the Philippines, Vietnam, Thailand and Indonesia, however this is subject to change depending on our business activities and operations.
- Storing and Securing your Personal Information
- Your personal information may be stored in hard copy documents or electronically.
Security
- We are committed to keeping your personal information secure and safe at all times. Some of the ways in which we do this includes:
- secure hard copy document storage (including the storage of hard copy documents in locked filing cabinets within rooms fitted with lockable doors);
- implementing and maintaining security measures for access to Jacques’ computer systems (including passwords, data encryption and firewall systems);
- access controls for our business premises; and
- incorporating security and verification measures into our Website and online shop.
- We conduct periodic reviews of our security measures. We also review stored personal information from time to time, and where necessary we will destroy or de-identify specified personal information.
Your privacy on the Internet
- We take care to ensure that the personal information you provide to us via the Website or online shop is protected.
- When you enter your credit card details at the time of processing a payment for an order made through the online shop, we will encrypt that information using secure socket layer (SSL) technology.
Where credit card details are collected by us, we will pass them on to Westpac Banking Corporation ABN 33 007 457 141, AFSL & ACL 233714 (Westpac) and the PayWay service operated by Westpac (or an alternate financial institution we may engage from time to time) to facilitate payment for the order. We do not permanently retain or store your credit card details.
- Westpac is certified to meet the regulatory security requirements outlined by the Payment Card Industry Data Security Standard (PCIDSS). PCIDSS certification is required by banks and credit card issuers in order to allow merchants such as Jacques to accept credit card payments from customers.
- While using the Website or online shop, you may be able to access and retrieve data hosted on external websites. You should remain aware that, where we have provided links to external websites, these websites do not form part of Jacques and are not covered by this Policy. We recommend that you review the privacy policy of those external parties when visiting these websites.
- Accessing and Correcting your Personal Information
- We will take reasonable steps to ensure that:
- the personal information that we collect about you is accurate, complete and up-to-date at the time of collection;
- the personal information that we collect about you is accurate, complete and up-to-date at the time we use the information; and
- the personal information that we collect about you is accurate, complete and up-to-date at the time we disclose the information.
- We will take reasonable steps to ensure that:
Requests for access
- You may request access to your personal information that we have collected.
- We will acknowledge and respond to your request for access within five (5) business days of receiving the request.
Access to your information will then usually be granted within ten (10) business days of our acknowledgement; however this period may be longer if the request involves or relates to complicated circumstances or will involve substantial copying or data retrieval. We will advise you of any expected delay in complying with your request.
- You must verify your identity before access to your personal information is granted.
- While Jacques cannot and will not charge an “application fee” or other similar fee for your request for access, we reserve the right to charge a reasonably calculated fee for our time involved in retrieving and providing you with the requested personal information.
- Once your request has been approved and subsequently processed, you may be forwarded the information by mail or e-mail. Whenever possible, we will endeavour to make the information available to you in the manner requested unless it is unreasonable for us to do so (for example, where you have asked for the information to be e-mailed to you, we will endeavour to e-mail the information to you; however if the file size would be too large, we may send you the information by hard copy instead of e-mail).
- We may refuse to grant access to your personal information in a number of circumstances, including, but not limited to, where we reasonably believe:
- granting access would pose a serious threat to the life, health or safety of an individual, or to public health or safety;
- granting access would have an unreasonable impact on the privacy of another individual;
- denial or refusal of access is required or authorised by law or by the order of a court or tribunal;
- the request for access is frivolous or vexatious;
- legal proceedings are underway or anticipated and that the information would not be accessible by means of discovery processes related to those proceedings;
- giving access would prejudice enforcement-related activities conducted by, or on behalf of, an enforcement body, including those activities connected with suspected or actual unlawful activity or serious misconduct; or
- giving access would reveal information in connection with a commercially sensitive decision-making process.
- We will provide a statement outlining our reasons for refusing a request for access to information and the mechanisms that are available to you to complain about our decision to refuse your request.
Corrections
- You may request access to your personal information that we have collected.
- We will acknowledge and respond to your request for access within five (5) business days of receiving the request.
- If we do not agree to make a correction to your personal information, you may provide a statement in relation to the requested corrections and we will subsequently ensure that the statement is apparent to any users of the relevant personal information.
- We will provide a statement outlining our reasons for refusing a request for corrections to be made and the mechanisms that are available to you to complain about our decision to refuse your request.
Complaints
- If you consider that Jacques has breached your privacy, you are entitled to complain to us using our contact details below.
- We will acknowledge receipt of a complaint within two (2) business days.
- We will investigate the complaint and attempt to resolve it within fifteen (15) business days after the complaint has been received.
Where it is anticipated that this general timeframe will not be achievable or practicable, we will advise you of a more accurate estimate of the time in which the complaint will take to resolve.
- If you consider that Jacques has not adequately dealt with your complaint satisfactorily, you may complain to the Office of the Australian Information Commissioner as per the details below:
Officer of the Australian Information Commissioner (OAIC)
GPO Box 5218
SYDNEY New South Wales 2001
enquiries@oaic.gov.au | 1300 363 992
Contacting us
You may contact us by mail, e-mail or telephone as follows:
Privacy Officer
Jacques Technologies Pty. Ltd.
28-30 Bank St
WEST END Queensland 4101
info@jacques.com.au | 07 3846 8400