(a) Account means a personal account given to a User on the Website upon successful completion by that User of EFM’s registration procedure
(c) Law means any law or legal requirement, including at common law, in equity, under any statute, regulation or by-law and any decision, directive, guidance, order, decree, guideline or requirements of any authority;
2. Types of Information Collected
2.1 When you register for an Account, use the Website or interact with EFM, EFM may collect your Personal Information, Sensitive Information and Statistical Information – all of which are defined in clauses 2.2, 2.3 and 2.4 below, respectively.
(a) information we collect through your interactions with EFM or other interactions with content on the Website; and
(b) personal information obtained from a third party which, under and in accordance with the Privacy Act, may lawfully be exchanged.
3. Personal Information about third parties
3.1 If at any time you supply EFM with Personal Information or Sensitive Information about another person, you must ensure that you have written consent from that person to do so, and you must agree to inform that person about EFM, this Policy and the fact that EFM may use and disclose their Personal Information in accordance with and for the purposes outlined in this Policy.
4. How EFM Collects Personal Information
4.1 EFM will not ordinarily collect any Personal Information about you except where you provide it to EFM (either directly, or through posting or interacting with content on the Website), or where it is provided to EFM with your authority.
4.2 EFM collects Personal Information when you:
(c) provide EFM with feedback, make an enquiry or request of EFM (for example under a warranty claim) or make a complaint; and/or
(d) do business with EFM.
4.3 In the event EFM receives unsolicited Personal Information about you (ie. where EFM has taken no active steps to collect the Personal Information), it will only be collected where:
5. How EFM Uses Personal Information
You authorise EFM to use your Personal Information to:
6. Disclosure of Personal Information
6.1 By accessing the Website or interacting with EFM, you consent to the disclosure of your Personal Information in accordance with this Policy.
6.2 EFM takes the protection of your Personal Information very seriously. EFM will only disclose your Personal Information to its employees, officers, insurers, professional advisers, agents or contractors (including potentially where these parties are based overseas) and insofar as such disclosure is necessary to enable EFM to perform its obligations and to act in accordance with this Policy. Such Personal Information will not be disclosed or used other than as specified in this Policy without your express consent, which will be stored in EFM’s records.
6.3 EFM will not use or disclose your Personal Information for any purpose other than as disclosed in this Policy unless:
(a) EFM has obtained your consent to its use or disclosure; or
(b) the purpose is related to the purposes disclosed in this Policy and an individual would reasonably expect EFM to use or disclose that Personal Information in that manner.
6.4 EFM may also disclose your Personal Information to other third parties from time to time. Subject to what is permitted by Law, the types of third parties to whom EFM may disclose your Personal Information may include:
(a) EFM’s agents, contractors and external advisors (such as legal and financial advisors) whom EFM engages from time to time to carry out, or advise on, EFM’s functions and activities;
(b) business partners; and/or
(c) regulatory bodies, government agencies, law enforcement agencies and courts.
6.5 Unless otherwise specified in this Policy or as required by Law, you authorise EFM to disclose your Personal Information and Statistical Information to third parties:
(a) where EFM assigns, transfers, sells or otherwise licenses its rights under the Terms of Service to a third party. Where this occurs, EFM will notify you using the Personal Information provided;
(b) where EFM reasonably believes (acting in good faith) that such disclosure is necessary in order to investigate, prevent or take action regarding illegal activities (including without limitation suspected fraud), situations involving potential threats to the physical safety of any person, violations of the Terms of Service or this Policy, or as otherwise required by Law;
(c) in a business transaction including (but not limited to) a merger with or acquisition by another company, or the sale of all or a substantial portion of EFM’s assets, of which your Personal Information and Statistical Information may be among the assets transferred. Where this occurs, EFM will (if possible) notify you using the Personal Information linked to your Account; and
(d) where such disclosure is required by Law, or where EFM reasonably believes in good faith that such disclosure is necessary to protect EFM’s rights.
6.6 You consent to EFM disclosing Statistical Information to third parties including, without limitation, to analytics companies and EFM’s business partners, to help EFM understand usage patterns, to assist in Website and product development and for advertising purposes (subject to what is permitted by Law).
6.7 EFM may from time to time disclose your Personal Information to overseas entities who may not be bound by Australian Law. Where EFM discloses your Personal Information to overseas recipients, EFM will make every reasonable effort in the circumstances to ensure that the overseas recipients comply with this Policy and any applicable Australian Law concerning the protection of Personal Information, unless:
(a) EFM reasonably believes that the overseas recipient is bound by Laws that are substantially similar to the Privacy Act which can be enforced against the overseas recipient; or
(b) you give EFM an informed consent to the disclosure of your Personal Information to an overseas recipient who may not be bound by Australian Law; or
(c) the disclosure to an overseas recipient is authorised or required by Australian Law (including the Privacy Act).
(a) Statistical Information; and
(b) release EFM and any of its related bodies corporate from any and all Claims, liability and Losses which may arise out of, result from, or relate in any way to your decision to disable cookies (including any limitation on your ability to use the Services).
8. Your Rights Under This Policy
8.2 Except as otherwise provided by Law, you have the following rights in connection with your Personal Information we have collected:
(a) the right to be informed how your Personal Information is being used;
8.3 You are encouraged to contact EFM at any time if you wish to exercise your rights in relation to this Policy. EFM reserves the right to request you verify your identity before EFM acts on any request made by you.
9. Storage of Personal Information
9.2 EFM's servers may at times be located overseas in countries which are not bound by the Privacy Act, including, without limitation, the United States of America, and you hereby expressly consent to the disclosure of your Personal Information to overseas recipients. In doing so, you agree that EFM is not obliged to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to that information.
10. Security of Personal Information
10.1 EFM will use all reasonable efforts to keep secure your Personal Information, Statistical Information and all other information that you transmit to EFM through your use of Website, your interaction with EFM or otherwise. EFM will take all reasonable care to protect and prevent unauthorised access to, or modification and disclosure of, your Personal Information.
10.2 Notwithstanding clause 10.1 above, you acknowledge the internet is inherently insecure and no data transmission online can be guaranteed as fully secure. Accordingly, EFM cannot guarantee or warrant the security of any information (including Personal Information) you provide through your use of the Website. You understand that any Personal Information you provide to us is done so at your own risk.
10.3 If EFM becomes aware of a breach of security in relation to your Personal Information, EFM will immediately use its best endeavours to take action to remedy the security breach, in order to limit the risk caused by unauthorised access to, or unauthorised disclosure of, your Personal Information before any serious harm is suffered as a result of the breach.
10.4 If EFM becomes aware of a breach of security, and a third party has, without authorisation:
(a) accessed your Personal Information; or
(b) disclosed your Personal Information to another third party,
and a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to you, then EFM will (as required by Law) notify you and the Office of the Australian Information Commissioner (OAIC) with details of the Data Breach, including details of how EFM believes the Data Breach has occurred and to what Personal Information such Data Breach relates, and the steps that you can take in response to the Data Breach.
10.5 If EFM becomes aware of a Data Breach in which your Personal Information is lost, and EFM has reasonable grounds to believe that:
(a) unauthorised access to, or unauthorised disclosure of, your Personal Information is likely to occur; and
(b) if unauthorised access to, or unauthorised disclosure of, your Personal Information occurs, a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to you,
Then EFM will notify you and the OAIC with the details of the Data Breach, including details of how EFM believes the Data Breach has occurred and to what Personal Information such Data Breach relates, and the steps that you can take in response to the Data Breach.
10.6 You acknowledge and understand that if you access the Website from outside Australia, other entities including, potentially, foreign governments, may collect, use and disclose your Personal Information in ways which differ from this Policy and the Laws of Australia, and that EFM will in such circumstances have no control over such collection of your Personal Information (and are not liable in relation to such collection).
11. How Long Your Personal Information is Stored
12. Third Parties
(a) the use of your Personal Information by third parties is not in EFM’s reasonable control;
(b) third party websites may place their own cookies or other files on your computer or telephone, solicit Personal Information from you and may or may not use your Personal Information in accordance with their own privacy policies which may differ from this Policy; and
12.2 If EFM discloses Personal Information to a third party, EFM will always act to protect it in accordance with this Policy. However, you agree that EFM will not be liable for any Loss or liability which may be incurred as a result of, or in connection with, or in relation to any use of your Personal Information by a third party to whom EFM validly disclosed the Personal Information (and you agree to make no claim against EFM in that regard).
13. How to Contact EFM
14. How to Contact Office of the Australian Information Commissioner
If you do not receive a satisfactory response from EFM, or you believe that EFM has not handled your complaint satisfactorily, you may wish to refer your complaint to the Office of the Australian Information Commissioner at:
Address: GPO Box 5218, Sydney NSW 2001
Phone: 1300 363 992