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Privacy Policy

 

ABOUT THIS PRIVACY POLICY

AIRCONDITIONING DIRECT PTY LTD TA ACD TRADE (ABN 48 100 354 461) is committed to compliance with privacy laws which apply to its business and which set out standards for the management of personal information. We know that your privacy is very important to you so we will always be honest and transparent about how and why we collect and use your personal information.

 

ACD TRADE is governed by the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (the Act). This Privacy Policy has been prepared to inform you of the manner in which we collect, use, disclose and otherwise manage the personal information you entrust to us at any of our branches, through our websites or through our service providers.

When you purchase our products or services or provide us with your personal information by other means, you are consenting to the collection, use and disclosure of your personal information as set out below.

This Privacy Policy also explains how you can contact us to access, correct or delete your personal information from our records or make a complaint.

COLLECTION AND USE OF PERSONAL INFORMATION

What kinds of personal information do we collect and hold?

For the purpose of this Privacy Policy, “personal information” means information that identifies or could reasonably identify you. The personal information collected will depend on the circumstances of the collection and may include some of the following:

 

  • Name, address and contact information
  • Email address
  • Purchasing and warranty history
  • Heating, cooling, indoor air quality equipment profile/warranty information
  • Credit card/payment information
  • Customer opinions and feedback
  • Demographic information

HOW DO WE COLLECT AND HOLD PERSONAL INFORMATION?

We collect personal information that you provide to us directly when you:

  • Have personal, written or telephone contact with a ACD TRADE a customer service representative
  • Purchase, order or request information regarding our products and services
  • Complete any of our forms
  • Visit or register with our websites
  • Provide us with comments or suggestions
  • Enter into a contest or respond to one of our surveys
    We also collect your personal information from third parties including:
  • your legal representatives;
  • direct marketing database providers;
  • the Australian Tax Office (ATO);
  • the Australian Securities and Investment Commission (ASIC); and
  • public sources (phone directories, membership lists, professional and trade associations, ASIC, bankruptcy or court registry searches).

WHY DO WE COLLECT, HOLD, USE AND DISCLOSE YOUR PERSONAL INFORMATION?

We ask you to provide us with your personal information for the following purposes:

  • Fulfill or process your request for information, products or services
  • Bill you for products purchased or services rendered
  • Offer you customer support services
  • Do all things necessary to carry out the transaction you requested and develop and maintain our relationship with you and communicate with you.

You do not have to provide ACD TRADE with your personal information. However, a refusal may mean that the product or service you requested from ACD TRADE cannot be provided.


If ACD TRADE collects your personal information for a purpose (the primary purpose), we will not use or disclose the information for any other purpose (the secondary purpose) unless:

  • you would have consented to the use or disclosure of your personal information; or
  • in relation to the use or disclosure of your personal information:
    • you would reasonably expect us to use or disclose your information for the secondary purpose and the secondary purpose is directly related to the primary purpose (sensitive information) or related to the primary purpose (not sensitive information);
    • use or disclosure is required or authorised under Australian law or a court/tribunal;
    • a permitted situation (as defined in the Act) exists in relation to ACD TRADE’s use or disclosure of the information;
    • a permitted health situation (as defined in the Act) exists in relation to use or disclosure of the information; or
    • we reasonably believe that the use or disclosure of the information is reasonably necessary for one or more enforcement-related activities conducted by, or on behalf of, an enforcement body.

DIRECT MARKETING

ACD TRADE may use or disclose your personal information (other than sensitive information) for direct marketing if:

  • ACD TRADE collected the information from you; and
  • you reasonably expect ACD TRADE to use or disclose the information for direct marketing; and
  • ACD TRADE provided you with a simple way to opt out of receiving direct marketing; and
  • you have not made such an opt out request to ACD TRADE.

 

ACD TRADE may also use or disclose your personal information (other than sensitive information) for direct marketing if:

  • ACD TRADE collected the information from you and you would not reasonably expect ACD TRADE to use or disclose the information for direct marketing or someone other than you; and
  • either:
    • you have consented to the use or disclosure of the information for direct marketing; or
    • it is impracticable to obtain that consent; and
  • ACD TRADE provided you with a simple way to opt out of receiving direct marketing from ACD TRADE; and
  • in each direct marketing communication with you:
    • ACD TRADE includes a clear statement that you can request to opt out; or
    • ACD TRADE otherwise draw your attention to the fact that you can request to opt out; and
    • you have not made such a request to ACD TRADE.


ACD TRADE can use or disclose your sensitive information for the purpose of direct marketing if you have consented to the use or disclosure of that information for direct marketing. If the personal information that ACD TRADE used to send you direct marketing material was collected from a third party, you can ask ACD TRADE to identify that third party unless it is unreasonable or impracticable.

OPTING OUT OF DIRECT MARKETING

You can request not to receive direct marketing communications from ACD TRADE. If ACD TRADE uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that ACD TRADE does not use or disclose your information for this purpose. ACD TRADE will give effect to your request not to receive direct marketing from ACD TRADE or an entity facilitated by ACD TRADE free of charge within a reasonable time.

COLLECTION NOTICES

A copy of our Collection Notice is available via our website (www.acdtrade.com.au) any time that you provide ACD TRADE with your personal information. The purpose of our Collection Notice is to ensure that you are aware we are collecting your personal information, the purpose we are collecting it for, anyone that we may disclose it to and how you can contact us to update your information.

ACCESSING YOUR PERSONAL INFORMATION

You have the right to request access to any of ACD TRADE’s records containing your personal information. To request access to your personal information please contact the ACD TRADE Communications Manager. We will respond to your request to access your personal information within a reasonable period of time. Where reasonable and practicable, ACD TRADE will give you access to the information requested.

If ACD TRADE refuses to provide you with access to the information requested, we will tell you in writing why your request was refused and how you can complain about the refusal. ACD TRADE may refuse your request if it:

  • poses a serious threat to the life, health or safety;
  • would have an unreasonable impact on the privacy of others;
  • is frivolous or vexatious;
  • relates to legal proceedings;
  • would reveal ACD TRADE’s intentions or prejudice any negotiations;
  • would be unlawful;
  • is required or authorised by law or court/tribunal order;
  • would be likely to prejudice one or more enforcement related activities; or
  • relates to commercially sensitive decision-making process.

 

ACD TRADE may require you to provide some form of identification to verify that you are the person to whom the requested information relates.

CORRECTING OR UPDATING YOUR PERSONAL INFORMATION

ACD TRADE takes reasonable steps to ensure that records of your personal information are accurate and up-to-date by updating its records whenever changes to information come to its attention.

Upon request, we will provide you with access to any of your personal information that we hold (except in limited circumstances recognised by law). You can also request to correct or update any of the personal information we hold. To update, seek access to, or correction of, your personal information please contact ACD TRADE in writing via the details listed in the Contact Information section below and we will try to correct your personal information.

ACD TRADE will respond to your request to correct your personal information free of charge and within a reasonable period of time.

If ACD TRADE refuses to correct your personal information, we will contact you in writing to give a reason for its refusal as well as to let you know the mechanisms available for you to complain about the refusal.

If ACD TRADE refuses to correct your personal information, you may request that we include a statement in your records that the information is inaccurate, out of date, incomplete, irrelevant or misleading. ACD TRADE will take reasonable steps to make the statement visible to users of your personal information.

If ACD TRADE does correct your personal information and we have previously disclosed your personal information to a third party, upon your request, ACD TRADE will notify that third party of the correction where practicable.

DISCLOSURE OF PERSONAL INFORMATION

We will not sell, license, trade or rent your personal information, without your prior consent, except as otherwise set out herein.

We may disclose your personal information for purposes which are within reasonable expectations or where permitted by law. For example, ACD TRADE may share personal information with third parties engaged to assist us in providing services to you or to carry out one or more of the purposes of collection and use described above. Examples of organisations that we may disclose your personal information to include:

  • our financing and warranty providers;
  • our information technology service providers;
  • our marketing and communications agencies;
  • our mailing houses, freight and courier services;
  • our printers & distributors of marketing material; and
  • our external advisers (recruiters, auditors & lawyers).
  • professional or government organisations; and
  • government bodies such as ATO, ASIC, Australian Prudential Regulatory Authority and the police or courts.

We require our service providers not to use your personal information for any purpose other than to provide this assistance. We also require our service providers to protect personal information disclosed by ACD TRADE and to comply with the privacy principles described in this Privacy Policy.

ACD TRADE reserves the right to disclose personal information to a third party if a law, regulation, search warrant, subpoena or court order legally requires or authorises us to do so.

ACD TRADE also reserves the right to disclose and/or transfer personal information to a third party inthe event of a proposed acquisition, disposal or financing of all or any portion of the business assets, or a division thereof, in order for you to continue to receive the same products and services from the third party. You would receive notification of any such change.

DISCLOSURE OUTSIDE OF AUSTRALIA

When you provide us with your personal information we may also provide your personal information to our parent company which is located in Sweden.

Before disclosing your personal information to an overseas third party, we will first take reasonable steps to ensure that the overseas recipient:

  • does not breach the APPs in relation to your personal information; or
  • the recipient of the information is subject to a law, or binding scheme, that has the effect of protecting your personal information in a way that is substantially similar to the way in which the APPs protect the information.

If we collect your personal information, you are taken to consent to the disclosure, transfer, storing or processing of your personal information outside of Australia.You acknowledge and agree that by providing your consent:

  • we will not be required to take steps as are reasonable in the circumstances to ensure that such third parties comply with the APPs;
  • if the overseas recipient handles your personal information in breach of the APPs:
    • we will not be liable under the Act; and
    • you will not be able to seek redress under the Act.
  • the overseas recipient may not be subject to any privacy law or principles similar to the APPs;
  • you may be unable to seek redress overseas;
  • the overseas recipient is subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.

If you withdraw consent, we will not rely on this consent when dealing with your personal information going forward.

KNOWLEDGE AND CONSENT

ACD TRADE collects your personal information from you in varying ways, as a normal part of providing you with the services you have requested. While providing such information is voluntary, without the information our ability to provide the service you have requested may be limited. Typically, we will not specifically seek your consent to use or disclose your personal information, where such use or disclosure is within the terms of this policy. However any use or disclosure of information in any other way will only occur once we have gained your specific consent to do so.

You may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. If you wish to withdraw your consent at any time, this must be done in writing by emailing us at info@acdtrade.com.au . However, in the first instance you may wish to contact our Privacy Officer by phone, mail or email to discuss your needs or concerns (please refer to the Contact Information below).

Should you choose to withdraw consent for ACD TRADE to access, use or disclose your personal information, you may be limiting or even preventing our ability to provide you with the service or product you desire.

ANONYMITY WHEN DEALING WITH ACD TRADE

Where practicable, ACD TRADE allows individuals the option not to identify themselves or to use a pseudonym when dealing with us.

SENSITIVE INFORMATION

Sensitive information is information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association,

membership of a trade union, details of health, disability, sexual orientation or criminal record. ACD TRADE does not collect sensitive information without the individual’s consent and unless it is specifically relevant and necessary for ACD TRADE’s primary purposes. All sensitive information is collected and used in accordance with this privacy policy. ACD TRADE does not use government identifiers (e.g. tax file numbers) to identify individuals.

UNSOLICITED INFORMATION

ACD TRADE takes all reasonable steps to ensure that all unsolicited information is destroyed or de-identified.

HOW WE PROTECT YOUR PERSONAL INFORMATION

ACD TRADE makes all commercially reasonable efforts to ensure that personal information collected from you is protected against loss and unauthorised access. This protection applies in relation to information stored in both electronic and hard copy form. Access to your personal information is restricted to those employees or representatives of ACD TRADE who have a legitimate need to use such information in delivering the products and services you have requested from ACD TRADE. In addition, ACD TRADE employs generally accepted information security techniques, such as firewalls and access control procedures, to protect personal information against loss and unauthorised access.

ACD TRADE cannot guarantee that personal information will be protected against unauthorized access or misuse and we do not accept any liability for the improper actions of unauthorised third parties.

ADDITIONAL INFORMATION ABOUT OUR WEBSITE

In general, you can visit our sites without telling us who you are or providing us with personal information. However, we collect internet protocol (IP) addresses of all visitors as well as page requests, referral sources, browser type, operating system and time spent on our sites. We collect this information to monitor and improve our sites.

Cookies:

When you visit our website, we place a text file called a “cookie” in the browser directory of your

computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookies. Some browsers can be set to reject all cookies. If you choose to modify your browser in this manner, your experience on this website may be affected.

LINKS TO THIRD PARTY SITES

Our website may offer links to other third party websites. You should be aware that operators of linked websites may also collect your personal information (including information generated through the use of cookies) when you link to their websites. ACD TRADE is not responsible for how such third parties collect, use or disclose your personal information, so it is important to familiarise yourself with their privacy policies before providing them with your personal information.

RETENTION OF YOUR PERSONAL INFORMATION

ACD TRADE retains your personal information for as long as necessary to fulfil the purpose(s) for which it was collected and to comply with applicable laws.

CHANGES TO THIS PRIVACY POLICY

ACD TRADE reserves the right to modify this Privacy Policy at any time without notice. The Privacy Policy posted at any time or from time to time via this website shall be deemed to be the Privacy Policy

then in effect. A copy of this policy may be obtained from our website (www.acdtrade.com.au) or free of charge upon request.

CONTACT INFORMATION

If you have a question, complaint, wish to access, correct or delete your personal information from our records please contact ACD TRADE as follows:

 

ACD TRADE

General Manager Phone: +617 3491 9926

Mail: PO Box 35, NORTH LAKES QLD 4509

ACD TRADE will handle all such requests in accordance with the Act.

 

AUSTRALIAN PRIVACY COMMISSIONER

If you are not satisfied with the way in which we handle your enquiry or complaint, you can contact the Office of the Australian Information Commissioner by any of the following methods:

Phone: 1300 363 922

TTY: 133 677 then ask for 1300 363 922

Fax: +61 2 9284 9666

Mail: GPO Box 5218, Sydney NSW 2001 or GPO Box 2999, Canberra ACT 2601

Email: enquiries@oaic.gov.au Web: www.oaic.gov.au/privacy

 

Version – December 2023

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