EFM Privacy Policy

1.1     This Privacy Policy (Policy) should be read in conjunction with the Terms and Conditions of Service (Terms of Service )

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.

(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.

(a)      take steps to register an Account, enquire about or sign up for and use the Website;

(b)      interact with content on the Website;

(c)      subscribe to EFM’s mailing list (either when prompted to do so on the Website or otherwise by voluntarily requesting to subscribe);

(d)      provide EFM with feedback, make an enquiry or request of EFM (for example under a warranty claim) or make a complaint; and/or

(e)      do business with EFM.

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.

(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.

(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)      EFM marketing providers (including social media platforms) and data analysis service providers;

(c)      business partners; and/or

(d)      regulatory bodies, government agencies, law enforcement agencies and courts.

(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.

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.

7.2     When you access or use the Website, EFM will automatically use cookies to collect technical information including:

(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).

8.1     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.

9.1     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.

(a)      accessed your Personal Information; or

(b)      disclosed your Personal Information to another third party,

(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,

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).

12.1   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

(c)      it is your responsibility to familiarise yourself with the privacy policy of any third party website you visit which collects Personal Information about you and to use your discretion when providing such information.

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).

13.1   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:

Email: info@myefm.com