Privacy Policy

Privacy Policy

Privacy Policy

1 General

1.1 Unless otherwise specified, capitalised terms used in this Privacy Policy (Policy) have the same meaning in our Terms and Conditions of Service (Terms of Service).

1.2 In this Policy:

(a) 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;

(b) 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;

(c) Loss 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;

(d) User, you or your means any person who accesses and uses Force Technology’s Website; and

(e) Website means www.forcetechnology.com.au 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 Technology’s collection and disclosure of your Personal Information (as defined in clause 2.2) when you use the Website or otherwise interact with Force Technology.

1.6 This Policy is intended to describe what information Force Technology collects and/or processes; how Force Technology uses it; and under what circumstances, if any, Force Technology discloses any Personal Information. Please read this Policy before using the Website or before submitting any Personal Information to Force Technology. By using the Website or interacting with Force Technology, you are accepting the practices described in this Policy.

1.7 Force Technology 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 Technology uploads the revised Policy onto the Website. In addition, Force Technology may, but is not obliged to, notify you by email of any updates to this Policy. Force Technology 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 Technology has about you. If you do not agree with the practices outlined in this Policy, you must immediately stop accessing the Website or interacting with Force Technology.

2 Types of Information Collected

2.1 When you use the Website or interact with Force Technology, Force Technology 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 Technology 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 Technology, 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 Technology.

2.5 Force Technology also collects information automatically (through the use of cookies) on the Website, as discussed in this Policy further below.

3 Personal Information about third parties

3.1 If at any time you supply Force Technology 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 Technology, this Policy and the fact that Force Technology may use and disclose their Personal Information in accordance with and for the purposes outlined in this Policy.

4 How Force Technology Collects Personal Information

4.1 Force Technology will not ordinarily collect any Personal Information about you except where you provide it to Force Technology (either directly, or interacting with content on the Website), or where it is provided to Force Technology with your authority.

4.2 Force Technology collects Personal Information when you: (a) interact with content on the Website; (b) provide Force Technology with feedback, make an enquiry or request of Force Technology (for example under a warranty claim) or make a complaint; and/or (c) do business with Force Technology.

4.3 In the event Force Technology receives unsolicited Personal Information about you (ie. where Force Technology 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 Technology’s functions or activities; and (b) Force Technology either: (i) obtains your consent; or (ii) is authorised or required to do so by Law.

4.4 Where clause 4.3 does not apply, Force Technology will (as soon as practicable) destroy or de-identify any unsolicited Personal Information that Force Technology receives.

4.5 Where clause 4.3 applies, Force Technology will treat the Personal Information in accordance with the Privacy Act and this Policy.

5 How Force Technology uses Personal Information

5.1 Force Technology will collect Personal Information for the purposes set out in clauses 5.2 to 5.4 inclusive. Force Technology will make every reasonable effort to advise you of the purposes for which Force Technology 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 Technology to use your Personal Information to:

(a) contact you in relation to your use of the Website or your interaction with Force Technology, including (without limitation) to notify you of any modifications to our Terms of Service or this Policy;

(b) notify you about promotions or other communications; (c) make improvements to the Website. For example, Force Technology 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

(d) measure the performance of Force Technology’s services and to understand how its services are used. For example, Force Technology may analyse users’ interactions with the Website so Force Technology can optimise the experience of its users.

5.3 To ensure compliance Additionally, the purposes for which Force Technology will generally collect and use your Personal Information (for which you authorise Force Technology to do so) will include:

(a) to comply with all Laws (including but not limited to, where considered necessary by Force Technology, verifying your identity to prevent fraud or other unauthorised or illegal activity);

(b) to perform Force Technology’s administrative operations, including accounting, risk management, payment processing, record keeping, archiving, and development and testing; and

(c) to manage Force Technology’s rights and obligations under the Terms of Service or this Policy;

5.4 Marketing Communications Force Technology may send you email marketing communications to:

(a) provide you with information about Force Technology’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 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 interaction with Force Technology, you consent to the disclosure of your Personal Information in accordance with this Policy.

6.2 Force Technology takes the protection of your Personal Information very seriously. Force Technology 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 Technology 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 Technology’s records.

6.3 Force Technology will not use or disclose your Personal Information for any purpose other than as disclosed in this Policy unless: (a) Force Technology 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 Technology to use or disclose that Personal Information in that manner.

6.4 Force Technology 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 Technology may disclose your Personal Information may include:

(a) Force Technology’s agents, contractors and external advisors (such as legal and financial advisors) whom Force Technology engages from time to time to carry out, or advise on, Force Technology’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 Force Technology to disclose your Personal Information and Statistical Information to third parties:

(a) where Force Technology assigns, transfers, sells or otherwise licenses its rights under the Terms of Service to a third party. Where this occurs, Force Technology will (if possible) notify you using the Personal Information provided;

(b) where Force Technology 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 Technology’s assets, of which your Personal Information and Statistical Information may be among the assets transferred. Where this occurs, Force Technology will (if possible) notify you using the Personal Information provided; and

(d) where such disclosure is required by Law, or where Force Technology reasonably believes in good faith that such disclosure is necessary to protect Force Technology’s rights.

6.6 You consent to Force Technology disclosing Statistical Information to third parties including, without limitation, to analytics companies and Force Technology’s business partners, to help Force Technology understand usage patterns, to assist in Website and product development and for advertising purposes (subject to what is permitted by Law).

6.7 Force Technology may from time to time disclose your Personal Information to overseas entities who may not be bound by Australian Law. Where Force Technology discloses your Personal Information to overseas recipients, Force Technology 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) Force Technology 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 Technology 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 How Force Technology Uses Cookies

7.1 If you continue to access the Website, you agree to Force Technology’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, Force Technology 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 Force Technology collects, including through your browser or device settings. In doing so, you: (a) acknowledge some of Force Technology’s services may not function properly if you choose to disable cookies; and (b) release Force Technology 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

8.1 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 Technology 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 Technology at any time if you wish to exercise your rights in relation to this Policy. Force Technology reserves the right to request you verify your identity before Force Technology acts on any request made by you.

9 Storage of Personal Information

9.1 Force Technology implements a variety of security measures to maintain the safety of your Personal Information. Your Personal Information is held on our company servers located in Belmont (as determined by Force Technology from time to time) in a controlled, secure environment where it is protected from unauthorised access, use or disclosure.

9.2 Force Technology'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 Technology 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 Technology will use all reasonable efforts to keep secure your Personal Information, Statistical Information and all other information that you transmit to Force Technology through your use of Website, your interaction with Force Technology or otherwise. Force Technology 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 Technology 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 Technology becomes aware of a breach of security in relation to your Personal Information, Force Technology 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 Technology 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,

(Data Breach), and a reasonable person would conclude that such unauthorised access or disclosure is likely to result in serious harm to you, then Force Technology 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 Technology 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 Technology becomes aware of a Data Breach in which your Personal Information is lost, and Force Technology 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 Technology will notify you and the OAIC with the details of the Data Breach, including details of how Force Technology 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 Technology 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 Technology retaining your Personal Information for as long as necessary to fulfil the purposes for which Force Technology has collected it, including in order to satisfy any Law.

11.2 To determine the appropriate retention period for Personal Information, Force Technology 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 Technology processes the Personal Information and whether Force Technology can achieve those purposes through other means. Force Technology will also at all times have regard to the applicable legal requirements under the Privacy Act (as applicable).

12 Third parties

12.1 Where Force Technology 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 Technology’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 Force Technology discloses Personal Information to a third party, Force Technology will always act to protect it in accordance with this Policy. However, you agree that Force Technology 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 Technology validly disclosed the Personal Information (and you agree to make no claim against Force Technology in that regard).

13 How to Contact Force Technology

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 Technology as soon as possible using the means on the Website or at customerservice@forcetechnology.com.au.

14 How to Contact the Office of the Australian Information Commissioner

If you do not receive a satisfactory response from Force Technology, or you believe that Force Technology 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
Email: enquiries@oaic.gov.au
Phone: 1300 363 992