1.2 In this Policy:
Account means a personal account given to a User on the Website upon successful completion by that User of Force’s registration procedure;
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) FORCE, We
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).procedure;
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;
means any damage, loss, expense and cost whatsoever 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 Force Technology’s Website; and
or any other website operated by Force Technology.
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 FORCE’s collection and disclosure of your Personal Information (as defined in clause 2.2) when you use the Website or otherwise interact with FORCE (for example through ordering a FORCE product on the Website).
1.6 This Policy is intended to describe what information FORCE collects and/or processes; how FORCE uses it; and under what circumstances, if any, FORCE discloses any Personal Information. Please read this Policy before using the Website or before submitting any Personal Information to FORCE. By using the Website or interacting with FORCE, you are accepting the practices described in this Policy.
1.7 FORCE 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 FORCE uploads the revised Policy onto the Website. In addition, FORCE may, but is not obliged to, notify you by email of any updates to this Policy. FORCE 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 FORCE 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 FORCE 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 FORCE, FORCE 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:
(a) information we collect through your interactions with FORCE 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.
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 FORCE, 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 FORCE.
3. PERSONAL INFORMATION ABOUT THIRD PARTIES
3.1 If at any time you supply FORCE 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 FORCE, this Policy and the fact that FORCE may use and disclose their Personal Information in accordance with and for the purposes outlined in this Policy.
4. HOW FORCE COLLECTS PERSONAL INFORMATION
4.1 FORCE will not ordinarily collect any Personal Information about you except where you provide it to FORCE (either directly, or through posting or interacting with content on the Website), or where it is provided to FORCE with your authority.
4.2 FORCE collects Personal Information when you:
(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 FORCE’s mailing list (either when prompted to do so on the Website or otherwise by voluntarily requesting to subscribe);
(d) provide FORCE with feedback, make an enquiry or request of FORCE (for example under a warranty claim) or make a complaint; and/or
(e) do business with FORCE.
4.3 In the event FORCE receives unsolicited Personal Information about you (i.e., where FORCE 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 FORCE’s functions or activities; or
(b) you either provide FORCE with feedback, make an enquiry or request of FORCE (for example under a warranty claim) or make a complaint.
4.4 Where clause 4.3 does not apply, FORCE will (as soon as practicable) destroy or de-identify any unsolicited Personal Information that FORCE receives.
4.5 Where clause 4.3 applies, FORCE will treat the Personal Information in accordance with the Privacy Act and this Policy
5. HOW FORCE USES PERSONAL INFORMATION
5.1 FORCE will collect Personal Information for the purposes set out in clauses 5.2 to 5.4 inclusive. FORCE will make every reasonable effort to advise you of the purposes for which FORCE 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 FORCE to use your Personal Information:
(a) to contact you in relation to your use of the Website or your interaction with FORCE, including (without limitation) to notify you of any modifications to FORCE’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, FORCE 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 FORCE’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, FORCE may analyse users’ interactions with the Website so FORCE can optimise the experience of its users.
5.3 To ensure compliance
Additionally, the purposes for which FORCE will generally collect and use your Personal Information (to which you authorise FORCE to do so) will include:
(a) to comply with all Laws (including but not limited to, where considered necessary by FORCE, 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 FORCE’s administrative operations, including accounting, risk management, payment processing, record keeping, archiving, and development and testing; and
(d) to manage FORCE’s rights and obligations under the Terms of Service or this Policy;
5.4 Marketing Communications
FORCE 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 FORCE’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, Force Technology will always provide you with the option to unsubscribe from Force Technology’s marketing communications. If you do not want to receive marketing communications from Force Technology, please contact Force Technology through the Website or by email.
6. DISCLOSURE OF PERSONAL INFORMATION
6.1 By accessing the Website or interacting with FORCE, you consent to the disclosure of your Personal Information in accordance with this Policy.
6.2 FORCE takes the protection of your Personal Information very seriously. FORCE 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 FORCE 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 FORCE’s records.
6.3 FORCE will not use or disclose your Personal Information for any purpose other than as disclosed in this Policy unless:
(a) FORCE 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 FORCE to use or disclose that Personal Information in that manner.
6.4 FORCE 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 FORCE may disclose your Personal Information may include:
(a) FORCE’s agents, contractors, and external advisors (such as legal and financial advisors) whom FORCE engages from time to time to carry out, or advise on, FORCE’s functions and activities;
(b) FORCE 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.
6.5 Unless otherwise specified in this Policy or as required by Law, you authorise FORCE to disclose your Personal Information and Statistical Information to third parties:
(a) where FORCE assigns, transfers, sells, or otherwise licenses its rights under the Terms of Service to a third party. Where this occurs, FORCE will notify you using the Personal Information provided;
(b) where FORCE 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 FORCE’s assets, of which your Personal Information and Statistical Information may be among the assets transferred. Where this occurs, FORCE will (if possible) notify you using the Personal Information linked to your Account; and
(d) where such disclosure is required by Law, or where FORCE reasonably believes in good faith that such disclosure is necessary to protect FORCE’s rights.
6.6 You consent to FORCE disclosing Statistical Information to third parties including, without limitation, to analytics companies and FORCE’s business partners, to help FORCE understand usage patterns, to assist in Website and product development and for advertising purposes (subject to what is permitted by Law).
6.7 FORCE may from time to time disclose your Personal Information to overseas persons or entities who may not be bound by Australian Law. Where FORCE discloses your Personal Information to overseas recipients, FORCE 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) FORCE 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 FORCE an informed consent to the disclosure of your Personal Information to an overseas recipient who may not be bound by Australian Law; orbr />
(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 FORCE’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 YYou may control the technical information FORCE collects, including through your browser or device settings. In doing so, you:
(a) acknowledge some of FORCE’s ervices may not function properly if you choose to disable cookies; and
(b) release FORCE 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 FORCE 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 FORCE at any time if you wish to exercise your rights in relation to this Policy. FORCE reserves the right to request you verify your identity before FORCE acts on any request made by you.
9. STORAGE OF PERSONAL INFORMATION
9.1 FORCE implements a variety of security measures to maintain the safety of your Personal Information. Your Personal Information is held on FORCE company servers (as determined by FORCE from time to time) in a controlled, secure environment where it is protected from unauthorised access, use or disclosure.
9.2 FORCE'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 FORCE 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 FORCE will use all reasonable efforts to keep secure your Personal Information, Statistical Information, and all other information that you transmit to FORCE through your use of Website, your interaction with FORCE or otherwise. FORCE 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, FORCE 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 FORCE becomes aware of a breach of security in relation to your Personal Information, FORCE 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 FORCE 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 FORCE 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 FORCE 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 FORCE becomes aware of a Data Breach in which your Personal Information is lost, and FORCE 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 FORCE will notify you and the OAIC with the details of the Data Breach, including details of how FORCE 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 FORCE 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 FORCE retaining your Personal Information for as long as necessary to fulfil the purposes for which FORCE has collected it, including in order to satisfy any Law.
11.2 To determine the appropriate retention period for Personal Information, FORCE 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 FORCE processes the Personal Information and whether FORCE can achieve those purposes through other means. FORCE will also at all times have regard to the applicable legal requirements under Privacy Act (as applicable)
12. THIRD PARTIES
12.1 Where FORCE 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 FORCE’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 FORCE discloses Personal Information to a third party, FORCE will always act to protect it in accordance with this Policy. However, you agree that FORCE 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 FORCE validly disclosed the Personal Information (and you agree to make no claim against FORCE in that regard).
13. HOW TO CONTACT FORCE
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 FORCE as soon as possible using the means on the Website
14. HOW TO CONTACT OFFICE OF THE AUSTRALIAN INFORMATION COMMISSIONER
If you do not receive a satisfactory response from FORCE, or you believe that FORCE 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