1.1 About this policy
- KODE Access
(hereafter collectively referred to as “KODE” or “we”, “us”, or “our”) as required by the Privacy Act 1988 (the “Act”) and the Australian Privacy Principles (the “APPs”) and it applies to all personal information about individuals collected by KODE.
1.2 What this policy provides
(a) In this policy we explain how and why we collect personal information about individuals, how we use such information within KODE, and what controls individuals have over our collection and use of information about them.
(b) This policy is relevant to individuals who are current and former customers, as well as other individuals that KODE deals with in connection with the goods and services we provide or information we collect from customers and other persons.
1.3 Our commitment
KODE is committed to complying with Commonwealth legislation (the Act and the APPs) that deals with how businesses may collect, hold and use personal information about individuals and to protecting and safeguarding the privacy of individuals when they deal with us.
2 COLLECTION OF INFORMATION
2.1 Type of information collected
(a) Some information provided to us by clients, customers and other parties might be considered private or personal. However, without such information we would not be able to carry on our business activities and provide our services. We will only collect such personal information if it is necessary for one of our functions or activities.
(b) The kinds of personal information that KODE may collect and hold in respect of individuals may include:
(ii) contact details and identification information;
(iii) financial information, including information about transactions and trading history with KODE; and
(iv) information about credit history.
2.2 Situations where information is collected
Personal information may be collected in the following situations by KODE:
(a) if an individual contacts KODE, we may keep a record of that communication or correspondence;
(b) if an individual submits an application or curriculum vitae or another form required to be completed by an individual to enable and/or facilitate services and or/employment to be provided by KODE;
(c) when applying for and/or establishing and/or accessing an account with us or ordering products or services from us;
(d) when conducting certain types of transactions such as cheque or credit card purchases or refunds;
(e) when an individual submits their contact details to be included on our mailing lists;
(f) when an order is placed with us to purchase goods we may require individuals to provide us with contact information including name, address, telephone number or email address and financial information (such as credit card details) for the purposes of processing and fulfilling such an order; and
(g) when CCTV footage is recorded at any of our premises.
2.3 Manner of collection
(a) At or before the time the personal information about an individual is collected by us, we will take reasonable steps to ensure that the individual is made aware of who we are, the fact that the individual is able to gain access to the information held about the individual, the purpose of the collection, the type(s) of organisations to which we may usually disclose the information collected about the individual, any laws requiring the collection of the information and the main consequences if all or part of the information is not collected.
(b) We usually collect personal information about individuals directly from the individual. However, sometimes we may need to collect personal information about individuals from third parties for the purposes described below in this policy. The circumstances in which we may need to do this include, for example, where we need information from a third party to assist us to process an application or an order (such as to verify information an individual has provided or to assess the individual’s circumstances) or to assist us to locate or communicate with the individual.
2.4 How information may be held
(a) A company within KODE may hold personal information about an individual in physical form or in electronic form on our systems or the systems of KODE’s IT service providers.
(b) The personal information that KODE holds about individuals is protected by physical, electronic, and procedural safeguards and KODE also requires its service providers that hold and process such information on KODE’s behalf to follow appropriate standards of security and confidentiality. Any personal information we collect from an individual or about an individual is kept securely and held on secure servers in controlled facilities.
(c) KODE trains its staff and others who work for it on how to handle personal information appropriately and KODE restricts access to what is necessary for specific job functions.
(a) KODE may retain personal information collected or provided to us including:
(i) telephone recordings of calls to our hotlines and contact numbers;
(ii) CCTV security footage from our business premises; and
(iii) client files including individuals’ personal information, contact information, financial and transactional information;
to enable us to verify transactions and customer details and to retain adequate records for legal and accounting purposes.
(b) KODE will retain personal information collected for such minimum or maximum periods as it is required by law depending on the type of information collected. But for any minimum or maximum periods of retention required by law, we will safely destroy personal information once it is no longer required.
3. USE AND DISCLOSURE OF PERSONAL INFORMATION
3.1 Purposes of collection
(a) KODE may, as permitted by law, use or disclose personal information held about an individual as permitted by law and for the business purposes for which it is collected (e.g. provision of our services, including administration of our services, notifications about changes to our services, record-keeping following termination of our services and technical maintenance), that is, to carry on our business activities and provide services to our customers.
(b) We may also use such information about individuals for a purpose related to the primary purpose of collection and where the individual would reasonably expect that we would use the information in such a way. This information is only disclosed to persons outside our business in the circumstances set out in this policy or as otherwise notified at the time of collection of the information.
(c) KODE’s business purposes for which personal information is collected, used and disclosed may include:
(i) processing an application or product order or service request (including verifying a person’s identity for these purposes);
(ii) managing our products and services or other relationships and arrangements, including processing receipts, payments and invoices;
(iii) assessing and monitoring credit worthiness;
(iv) detecting and preventing fraud and other risks to us and our customers;
(v) responding to inquiries about applications, accounts or other products, services or arrangements;
(vi) understanding our customers’ needs and developing and offering products and services to meet those needs;
(vii) researching and developing our products and services and maintaining and developing our systems and infrastructure (including undertaking testing);
(viii) ensuring workplace health and safety and productivity of employees at KODE’s workplace premises;
(ix) dealing with complaints;
(x) meeting legal and regulatory requirements, for example various Australian laws may expressly require us to collect/and or disclose personal information about individuals, or we may need to do so in order to be able to comply with other obligations under those laws; and
(xi) enforcing our rights, including undertaking debt collection activities and legal proceedings.
3.2 Additional disclosure situations
In addition to the above, we are permitted to use or disclose personal information held about individuals:
(a) where the individual has consented to the use or disclosure;
(b) where we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone’s health or safety or the public’s health or safety;
(c) where we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;
(d) where such use or disclosure is required under or authorised by law (for example, to comply with a subpoena, a warrant or other order of a court or legal process);
(e) where we reasonably believe that the use or disclosure is necessary for prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for and conduct of proceedings before any court or tribunal or the implementation of the orders of a court or tribunal by or on behalf of an enforcement body; and
(f) where a customer (being the individual or related to the individual) has requested a service to be provided by us and we are required to disclose the information to a third party in order to facilitate the provision of the service. In most, if not all cases, any such disclosure will be with the consent of the individual.
3.3 Third parties to whom information may be disclosed
Third parties to whom we may disclose personal information about individuals in accordance with KODE’s business purposes set out above may include:
(a) KODE’s legal advisors;
(b) KODE’s IT service providers;
(c) regulatory bodies in Australia;
(d) KODE’s financial advisors;
(e) participants in financial and payment systems, such as banks, credit providers, and credit card associations;
(f) guarantors and security providers associated with individuals;
(g) debt collectors;
(h) cloud information storage providers; and
(i) other trade suppliers.
4 DIRECT MARKETING
4.1 We may carry out direct marketing
As part of KODE’s functions and business activities and to promote the services we can provide to our customers KODE may be permitted to use personal information about individuals that individuals have provided to KODE for the purposes of direct marketing. Direct marketing includes, but is not limited to, sending information to and/or contacting individuals in relation to promotions relating to the business division within KODE.
4.2 Opting out of direct marketing
(a) All recipients, including individuals, can opt out of receiving direct marketing communications by sending an email to KODE’s Privacy Officer, at the email address shown in the ‘Contacting us’ section of this Policy.
(b) In any direct marketing communication we remind recipients of their right to opt out of receiving direct marketing communications.
5 ANONYMITY AND PSEUDONYMITY
Individuals would generally have the option of dealing with KODE anonymously. However, this only applies where it is not impracticable for us to deal with individuals acting anonymously or under a pseudonym. For example, individuals making general enquiries of KODE may do so anonymously or under a pseudonym. However, if the dealing with us is for us to supply goods and services and/or to enter into contractual relations (such as a commercial credit account) with a customer that is the individual or is associated with the individual, then it is impractical for such individuals to deal with us on an anonymous basis or under a pseudonym.
6 WEBSITE AND LINKS
6.1 KODE websites
KODE advertises and carries on business through a number of websites pertaining to each company or business within KODE, including the website linked to or from which you accessed this policy.
6.2 Website terms and conditions
(a) Each website of KODE collects personal information pursuant to this policy except as otherwise stated on the website.
(b) A website may display additional terms and conditions for access and use of the website which apply in addition to this policy.
(a) KODE collects information from its websites using IP files or “cookies”. When a user visits KODE’s websites to read, browse or download information, our system will record/log the user’s IP address (the address which identifies the user’s computer on the internet and which is automatically recognised by our web server), date and time of the visit to our website, the pages viewed and any information downloaded.
(b) Cookie information collected will only be used for the purpose of site analysis and to help us offer improved online services. We may automatically collect non-personal information about users such as the type of Internet browsers used or the website from which the user linked to our websites. Individuals cannot be identified from this information and it is only used to assist us in providing an effective service on our websites.
6.4 Third party links
Our websites may contain links to other websites and those third party websites may collect personal information about individuals. We are not responsible for the privacy practices of other businesses or the content of websites that are linked to our websites. KODE encourage users to be aware when they leave our website and to read the privacy statements of each and every website they frequent.
7 SECURITY AND STORAGE OF INFORMATION
7.1 Our commitment
KODE places a great importance on the security of all information associated with our clients and others who deal with us. We have security measures in place to reasonably protect against the loss, misuse, unauthorised access and alteration of personal information and other data under our control.
7.2 Security and storage methods
(a) All personal information and other data held is kept securely and that which is held electronically is held on secure servers in controlled facilities.
(b) Information stored within KODE’s computer systems or by our agents who provide electronic storage facilities can only be accessed by those entrusted with authority and computer network password sanctions.
(c) KODE consults with IT service providers to implement reasonable levels of firewall, malware detection and data security procedures.
7.3 Electronic transmissions
No data transmission over the internet can be guaranteed to be absolutely secure. As a result, whilst we strive to protect users’ personal information, KODE cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk. Once KODE receives a transmission, we make every effort to ensure the security of such transmission on our systems.
7.4 Banking information and payment requests
(a) We will never email you or telephone you requesting your credit card or bank account details except in connection with a purchase that you are making by email or telephone.
(b) In all cases, we recommend that if you receive a communication purported to be from us requesting payment or banking information, we recommend that you separately contact us via our publicly available telephone contact details to verify the authenticity of the request.
7.5 Data breach and response
(a) KODE has developed a data breach response plan which ensures compliance with the mandatory notification requirements of Part IIIC of the Act.
(b) As part of this plan, KODE will:
(i) carry out an assessment to determine if the breach is a breach in respect of which notification is required within 30 days of becoming aware or being notified of a data breach; and
(ii) take any immediate remedial action as is reasonable to remedy the breach or stop any furtherance of the breach.
(c) If notification of the breach is required, KODE will:
(i) provide a statement in relation to the breach to the Office of the Australian Information Commissioner; and
(ii) if it is practical for us to notify affected individuals directly, we will notify any individuals the information of which was subject to the breach and provide them a copy of our statement; or
(iii) if it is impractical for us to notify affected individuals directly, we will publicise the statement on our websites and otherwise act in accordance with the requirements of the Act.
8 TRANSFER OF INFORMATION OVERSEAS
KODE may utilise local and overseas cloud services for the purpose of storing information. Your credit information may be disclosed to KODE’s cloud service provider for that purpose. While KODE’s cloud service providers are located in Australia, the country location of our cloud service providers may periodically change.
8.2 Other disclosures
Except as provided in connection with the use of cloud services, KODE are unlikely to disclose personal information of an individual to overseas recipients. Personal information will only be disclosed by KODE to overseas recipients in accordance with Australian Privacy Principle 8, such as if the disclosure is required by Australian law.
9 ACCESS TO AND CORRECTION OF PERSONAL INFORMATION
9.1 Our commitment
KODE is committed to and takes all reasonable steps in respect of maintaining accurate, timely, relevant, complete and appropriate information about our customers, clients and website users.
9.2 Access to information
(a) Any individual may request access to personal information about them held by KODE. Such a request for access to personal information is to be made to KODE’s Privacy Officer, whose details are set out below.
(b) KODE will respond to any requests for access or correction within a reasonable time of receipt of the request, but by no later than 30 days of the request being received.
(c) Please note that KODE do require that, as part of any request by an individual for access to personal information, the individual verify their identity so that KODE may be satisfied that the request for access is being made by the individual concerned.
(d) Please note that KODE is not required to give an individual access to personal information in circumstances where:
(i) we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
(ii) giving access would have an unreasonable impact on the privacy of other individuals; or
(iii) the request for access is frivolous or vexatious; or
(iv) the information relates to existing or anticipated legal proceedings between KODE and the individual, and would not be accessible by the process of discovery in those proceedings; or
(v) giving access would reveal the intentions of KODE in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
(vi) giving access would be unlawful; or
(vii) denying access is required or authorised by or under an Australian law or a court/ tribunal order; or
(viii) both of the following apply:
(A) KODE has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to KODE’s functions or activities has been, is being or may be engaged in;
(B) giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
(ix) giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
(x) giving access would reveal evaluative information generated within KODE in connection with a commercially sensitive decision-making process.
(e) If we refuse to provide an individual with access to their personal information or to correct the personal information held by us about them, then we will provide reasons for such refusal. Such reasons will set out the grounds for refusal, the mechanisms available to complain about the refusal and any other matters that are required by the Act.
9.3 Correction of Information
(a) Inaccurate information will be corrected upon receiving advice to this effect. To ensure confidentiality, details of an individual’s personal information will only be passed on to the individual if we are satisfied that the information relates to the individual.
(b) From time to time, and having regard to the purpose of the collection and use of personal information about individuals, we may contact individuals to seek confirmation that the personal information provided to us by the individual is accurate, up-to-date and complete.
10.1 Making a complaint
If an individual has a complaint about this policy or KODE’s collection, use or safe disposal or destruction of personal information about the individual, any complaint should be directed in the first instance to KODE’s Privacy Officer at the contact details set out in the ‘Contacting us’ section of this policy.
10.2 Investigation and Resolution Procedure
(a) Upon receiving a complaint we will, within 7 days, give the complainant written notice acknowledging receipt of the complaint and setting out the process of how we will deal with it.
(b) Unless a longer time is agreed by the complainant, we will investigate the complaint and make a decision within 30 days of receipt of the complaint and communicate the decision to the complainant.
(c) We aim to resolve all complaints within 30 days of receipt. If we cannot resolve a complaint within 30 days we will notify the complainant of the reasons and specify a date when we expect a decision or resolution will be made and seek the complainant’s agreement to extend the 30 period – if the complainant does not agree then we may not be able to resolve the complaint.
(d) It may be necessary (and it may be required by the Act), in order to deal with a complaint, to consult with a third party. Further, if, while a complaint remains unresolved, we are disclosing information subject to the complaint to a third party, we may be required to advise the third party about the complaint.
(e) If we find a complaint is justified we will resolve it and do what is required to rectify any breach. KODE are committed to fulfilling its obligations as an APP entity and a credit provider under the Act.
(f) If a complainant is not satisfied with the outcome of KODE’s internal complaints procedure in respect of KODE’s privacy practices then the complainant may refer their complaint to the Office of the Australian Information Commissioner (“OAIC”). The website for the OAIC is: www.oaic.gov.au.
10.3 Complaints Handling Policy
KODE has a broader complaints handling policy which may be viewed at: [complaints handling policy URL].
11 CHANGES TO POLICY
If KODE decide to or are required to change this policy, we will notify you of such amendments on our websites and post changes on this policy webpage so that users may always be aware of what information is collected by us, how it is used and the way in which information may be disclosed. As a result, please refer back to this policy regularly to review any amendments.
12 CONTACTING US
12.1 Contacting us
For concerns, complaints or further information regarding this policy and our policies and procedures regarding privacy and data security, please contact us at the following address:
The Privacy Officer – KODE
Address for postage: PO Box 3232, Mount Ommaney QLD 4074
Telephone: 1300 335 663
We will respond to your enquiry as soon as possible.
12.2 Contacting the OAIC
If you are not satisfied with our response to your enquiry and for more information on privacy legislation, please visit the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.