1.2 In this Policy:
(a) Account means a personal account given to a User on the Website upon successful completion by that User of EFM’s registration procedure
(b) Claim means any claim in law or equity, or under statute, for a remedy of any nature whatsoever, whether contingent, prospective, actual or otherwise and including any and all claims, actions, sums of money, arbitrations, suits, counterclaims, demands, causes of action, debts due, verdicts, judgments, Losses, account reckonings, proceedings and charges;
(c) EFM, We or Us means Force Technology International Pty Ltd ABN 83 054 655 757 and includes any of its associated registered business names from time to time (including, without limitation, myEFM and Mobile Fulfillment Services).
(d) 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;
(e) Loss or Losses means any liability, damage, loss, outgoing, expense and cost whatsoever (whether direct or indirect) including any cost or expense regarding any Claim and any legal costs and expenses of any nature;
(f) User, you or your means any person who accesses and uses EFM’s Website; and
(g) Website means www.myefm.com or any other website operated by EFM.
1.3 This Policy forms part of and is incorporated into the Terms of Service.
1.4 This Policy has been prepared in accordance with applicable Australian privacy and data protection laws, including the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles contained therein.
1.5 This Policy applies to EFM’s collection and disclosure of your Personal Information (as defined in clause 2.2) when you use the Website or otherwise interact with EFM, register an Account or otherwise interact with EFM (for example through ordering an EFM product on the Website).
1.6 This Policy is intended to describe what information EFM collects and/or processes; how EFM uses it; and under what circumstances, if any, EFM discloses any Personal Information. Please read this Policy before using the Website or before submitting any Personal Information to EFM. By using the Website or interacting with EFM, you are accepting the practices described in this Policy.
1.7 EFM may in its absolute discretion elect to amend or replace this Policy by uploading a revised Policy on the Website from time to time. A copy of the most up to date version of this Policy will be made available to view on the Website. Any changes made to this Policy will apply immediately from the date EFM uploads the revised Policy onto the Website. In addition, EFM may, but is not obliged to, notify you by email of any updates to this Policy.
EFM strongly encourages you to refer to this Policy on an ongoing basis to understand your rights under the Policy. Unless otherwise stated, the most current Policy will apply to all information EFM has about you. If you do not agree with the practices outlined in this Policy, you must immediately stop accessing the Website and interacting with EFM and must take steps to cancel your account.
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.
2.2 Personal Information includes information which identifies a natural person, or by which the person’s identity may be reasonably determined. It may (potentially) include a person’s full name, mailing or residential address, date of birth, bank account details, signature, credit card details, phone number and email address, as well as potentially Sensitive Information. For the purpose of this Policy, the term Personal Information also includes:
2.3 Sensitive Information includes information (or an opinion) about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices or criminal record, as well as information about an individual’s health, genetic information or biometric information.
2.4 Statistical Information includes the internet protocol (IP) address of your device used to connect to the Website created by EFM, time zone setting, language preferences, location data, information about your browser, phone, hardware and software (including your hardware model, operating system version, device memory, advertising or unique application or device identifiers and (potentially) information about your applications installed, battery level, as well as other information which does not identify you personally, but which tracks your usage of the Website or interaction with EFM.
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:
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:
(a) such collection is reasonably necessary for one or more of EFM’s functions or activities; or
(b) you either provide EFM with feedback, make an enquiry or request of EFM (for example under a warranty claim) or make a complaint.
4.4 Where clause 4.3 does not apply, EFM will (as soon as practicable) destroy or de-identify any unsolicited Personal Information that EFM receives.
4.5 Where clause 4.3 applies, EFM will treat the Personal Information in accordance with the Privacy Act and this Policy.
5. How EFM Uses Personal Information
5.1 EFM will collect Personal Information for the purposes set out in clauses 5.2 to 5.4 inclusive. EFM will make every reasonable effort to advise you of the purposes for which EFM is required to collect your Personal Information before that Personal Information is to be collected.
5.2. To provide, develop and improve the Services
You authorise EFM to use your Personal Information:
(a) to contact you in relation to your use of the Website or your interaction with EFM, including (without limitation) to notify you of any modifications to EFM’s Terms of Service or this Policy;
(b) to notify you about promotions or other communications;
(c) for marketing and research purposes;
(d) to make improvements to the Website. For example, EFM may track any troubleshooting issues and compatibility issues with various operating platforms and devices to ensure you have proper and stable access to the Website, and to implement updates where necessary; and
(e) to measure the performance of EFM’s services and to understand how the services are used (including, without limitation, by using your Personal Information for any statistical modelling purposes). For example, EFM may analyse users’ interactions with the Website so EFM can optimise the experience of its users.
5.3 To ensure compliance
Additionally, the purposes for which EFM will generally collect and use your Personal Information (to which you authorise EFM to do so) will include:
(a) to comply with all Laws (including but not limited to, where considered necessary by EFM, verifying your identity to prevent fraud or other unauthorised or illegal activity);
(b) to co-operate with authorities in relation to any investigation into any User of the Website;
(c) to perform EFM’s administrative operations, including accounting, risk management, payment processing, record keeping, archiving, and development and testing; and
(d) to manage EFM’s rights and obligations under the Terms of Service or this Policy;
5.4 Marketing Communications
EFM may send you direct and indirect marketing communications in various forms, including by way of email, SMS messaging and postal mail; to:
(a) provide you with information about EFM’s Website, products or services;
(b) invite you to participate in promotions or ask you for feedback; and/or
(c) communicate with you for other marketing purposes.
In addition, we may also use your personal information or disclose your personal information to third parties for the purposes of providing improved advertising to you, including online behavioural advertising, website personalisation, and to provide targeted or retargeted advertising content to you (including through third party websites and social media channels).
In doing so, EFM will always provide you with the option to unsubscribe from EFM’s marketing communications. If you do not want to receive marketing communications from EFM, please contact EFM through the Website or by email.
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:
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:
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:
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 persons or entities who may not be bound by Australian Law. Where EFM discloses your Personal Information to overseas recipients, EFM will use 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).
7.1 If you register an Account or continue to access the Website, you agree to EFM’s use of tracking technologies, referred to as cookies, to track and record your usage. Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information.
(a) Statistical Information; and
(b) information about your interaction with the Website, activity on third party websites which are linked to the Website, and views and interactions with Content.
7.3 You may control the technical information EFM collects, including through your browser or device settings. In doing so, you:
(a) acknowledge some of EFM’s services may not function properly if you choose to disable cookies; and
(b) release EFM and any of its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) 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
8.1 This clause 8 sets out the rights you have in relation to how your Personal Information is obtained and used.
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;
(b) the right to access your Personal Information (and EFM will provide you with a free copy of it);
(c) the right to correct your Personal Information if it is inaccurate or incomplete;
(d) the right to restrict processing of your Personal Information;
(e) the right to retain and reuse your Personal Information for your own purposes;
(f) the right to object to your Personal Information being used; and
(g) the right to object against automated decision making and profiling.
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
9.1 EFM implements a variety of security measures to maintain the safety of your Personal Information. Your Personal Information is held on EFM company servers (as determined by EFM from time to time) in a controlled, secure environment where it is protected from unauthorised access, use or disclosure.
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:
(Data Breach), 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:
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
11.1 You consent to EFM retaining your Personal Information for as long as necessary to fulfil the purposes for which EFM has collected it, including in order to satisfy any Law.
11.2 To determine the appropriate retention period for Personal Information, EFM will consider the amount, nature and sensitivity of the Personal Information collected from you, the potential risk of unauthorised use or disclosure of your Personal Information, the purposes for which EFM processes the Personal Information and whether EFM can achieve those purposes through other means. EFM will also at all times have regard to the applicable legal requirements under Privacy Act (as applicable).
12. Third Parties
12.1 Where EFM provides your Personal Information to third parties in accordance with this Policy, you acknowledge and agree that:
(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
13.1 If you believe that the privacy of your Personal Information has been compromised or has not been used in accordance with this Policy, you should contact EFM as soon as possible using the means on the Website or at:
14. How to Contact Office of the Australian Information Commissioner
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 5288, Sydney NSW 2001
Phone: 1300 363 992