HENLEY ARCH PTY LTD
LAST UPDATED APRIL 2019
1. ABOUT US
Henley is a private limited company registered in Australia. In the course of our business we may need to gather and use Personal Information about you. We are committed to protecting your privacy and processing your Personal Information in compliance with all applicable privacy laws.
Defining specific terms
- APPs" refer to the Australian Privacy Principles in the Privacy Act 1988 (Cth) ("Privacy Act").
- “Edgewater” means Edgewater Homes Pty Ltd and its related bodies corporate
- "Sensitive Information" is Personal Information relating to certain aspects of an individual including, without limitation, that individuals' health, religion, racial or ethnic origin.
- "Spam Act" means the Spam Act 2003 (Cth).
- "we", "us" and "our" refer to Henley.
- "Website" means edgewaterhomes.com.au.com.au
Purpose of our policy
Henley is bound by the Privacy Act, including the APPs incorporated in the Privacy Act and any other relevant privacy laws which may apply from time to time.
3. WHICH KINDS OF PRIVACY INFORMATION WE COLLECT
Henley collects Personal Information as defined by the Privacy Act. Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not and whether the information or opinion is recorded in a material form or not. An example of Personal Information is your name and address.
The kinds of Personal Information we may collect include:
- Contact Details:
We may collect information such as your name, address, telephone number, facsimile number and/or email address.
- Financial Details:
We may collect information about your bank account details and other information that allows us to transact with you.
- Unsolicited Personal Information you send us:
We may collect any personal correspondence that you send us, or that is sent to us by others about your activities. We will destroy or de-identify any unsolicited Personal Information we receive, unless we are otherwise entitled to collect the information under the Privacy Act.
- Sensitive Information:
We may collect Sensitive Information from time to time such as, without limitation, information relating to your ethnicity or racial origin.
If you are applying for a position at Henley, we may collect and hold other personal information about you such as your employment history, race and ethnicity (only if required or authorised by law), health information (only if required or authorised by law) and Government-issued identification, for instance your tax file number (only if an offer of employment is extended to you).
- Website usage information:
Some pages and emails created by the Website may also contact a "web beacon." This is a clear-pixel image that generates a notice of your visit to be sent to Henley. A web beacon usually works in conjunction with a cookie. If you disable cookies a web beacon will be able to generate an anonymous notice of your visit, but such notice cannot be associated with information normally contained in the cookies. If the Personal Information Henley requests from you is not provided, or you request to provide such information anonymously, Henley may not be able to provide the information or the services you requested.
Where the Website usage information is de-identified data, the APPs do not apply.
4. HOW WE COLLECT PRIVACY INFORMATION
Unless it is impractical to deal with you anonymously, you are entitled to remain anonymous or use a pseudonym in relation to particular matters. Examples of where it is impractical to allow you to remain anonymous include entering into contracts with Henley and making payments by credit card.
Henley will only collect Personal Information by lawful means. We have a general policy to only collect your Personal Information from you directly, unless it is unreasonable or impracticable to collect such Personal Information from you directly. Most types of Personal Information we collect from you will be information such as contact or financial details reasonably necessary for or directly related to our functions and activities (rather than Sensitive Information).
Subject to applicable law, we may collect your Personal Information in a variety of ways, which include:
- Person to person;
- From any contract you enter into with Henley;
- On forms completed by you and submitted to Henley;
- Web based enquiries you submitted to Henley;
- Your use of the Website (including browsing);
- From any correspondence you post to Henley;
- Over the telephone; or
- Via facsimile, email or other electronic communication you transmit to Henley.
If we do not collect your Personal Information, our ability to provide quality and efficient services, or any services at all, may be compromised. The specific consequence of us not collecting your Personal Information depends on the context of the collection and the purpose for which the information was collected.
5. PURPOSES FOR WHICH WE COLLECT AND DEAL WITH YOUR INFORMATION
We collect Personal Information for the purpose of running our home building business. We need to deal with your Personal Information to allow us to run our business and perform essential functions.
Generally, to the extent permitted by applicable law, we only use Personal Information for: (i) the primary purpose for which we collect the information; (ii) a secondary purpose reasonably (or directly if the Personal Information is Sensitive Information) related to the primary purpose for which you would reasonably expect us to use the collected information; or (iii) as otherwise permitted by the Privacy Act or applicable privacy laws. The primary purpose of the collection is partly determined by the context in which the Personal Information is collected.
We will use your Personal Information in connection with the management of our relationship with you and/or provision of our services to you for the following purposes:
- To respond to queries you may have regarding any of the activities or services described on the Website;
- To communicate with parties to an agreement that includes Henley as a party;
- To conduct business transactions, such as processing invoices, bills and related financial matters necessary for Henley's provision of goods and services;
- To conduct customer satisfaction surveys in relation to Henley's products and services;
- For sending promotional materials or to contact you about the services we offer (unless you have opted out as described in paragraph 7 below); and
- For monitoring the use of the Website, including to analyse trends and statistics and to track actions performed on the Website to improve the Website.
- 6. SHARING PERSONAL INFORMATION
- To the extent permitted by applicable law, we may:
- share your Personal Information with related companies, our subcontractors and other third parties providing services to us in relation to our business activities including third parties providing insurance, financing and building services;
- disclose your contact details on a confidential basis to third parties for the purposes of collecting your feedback on our services to help us measure our performance and to improve and promote our services; and/or
- share your Personal Information with any third party to whom we assign or novate any of our rights or obligations or to any person that may acquire our business.
We may use and disclose your Personal Information (other than Sensitive Information) to provide you with direct marketing material such as, without limitation, information about offers, products and services offered by us if:
- you have consented to receive direct marketing materials; or
- you would reasonably expect us to use your Personal Information for this purpose; or
- we believe you may be interested in the material but it is impractical for us to obtain your consent.
We will ensure that our direct marketing material incorporates an option for you to elect to receive no further such communications.
Please note that even if you have requested not to receive further direct marketing communications, we may nevertheless continue to provide you with information about changes to our terms and conditions for the supply of goods or services and other factual information as permitted under the Privacy Act and Spam Act.
Overall, cookies help us to provide you with a better experience, by enabling us to monitor which pages or assets you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
8. THE CONSEQUENCES OF NOT PROVIDING US WITH PERSONAL INFORMATION
If you choose to not provide us with Personal Information our ability to perform some essential business functions, such as providing the Website functionality and quoting and constructing your home, might be compromised.
Not providing us with Personal Information could mean we are unable to fulfil one of the above purposes for which we collect Personal Information.
9. STORAGE OF DATA AND OVERSEAS DISCLOSURE
We will typically store electronic records of your Personal Information using cloud technology or by other electronic means. We do not store any Personal Information outside of Australia but may send Personal Information to third parties located outside of Australia as further detailed in this section.
We may transfer your Personal Information to our service providers located in countries outside of Australia including Thailand and China. You consent to your Personal Information being disclosed outside of Australia, including in these locations.
While Henley has privacy rules in place to protect your Personal Information, the overseas recipient may not be subject to privacy obligations or to any principles similar to the Privacy Act or the APPs. We cannot always control how these overseas recipients handle your Personal Information that we disclose to them.
If you have any concerns regarding the transfer of your Personal Information overseas, or if at any time you wish to withdraw your consent, you should contact our Privacy Officer. However, if you withdraw your consent we may be unable to fulfil one of the above purposes for which we collect Personal Information.
10. MAINTAINING THE INTEGRITY, CURRENCY AND SAFETY OF YOUR PRIVACY INFORMATION
This section explains how Henley holds your Personal Information, how you can access your Personal Information, update your Personal Information, complain about an alleged breach of the APPs or make any related enquiry.
Maintaining currency of your information
Henley relies on accurate and reliable information to deliver quality and effective services. If we are satisfied that any of the information we have about you is inaccurate, out-of-date, irrelevant, incomplete or misleading, or you request we correct any information, we will take steps as are reasonable in the circumstance to ensure the information held by us is accurate, up-to-date, complete, relevant and not misleading.
Should we refuse to correct the information, we will explain the reasons for refusal.
If we disclose your privacy information that is later corrected, we will, or else you may ask us to, notify the entity that received the incorrect information about that correction.
Safety of your information
Henley takes reasonable steps to protect the Personal Information Henley collects from you against accidental or intentional manipulation, loss, destruction or against access by unauthorised persons, misuse, interference, loss, unauthorised access, modification or disclosure.
By using the Website, however, you acknowledge and accept the risk that the Website may contain hyperlinks to websites owned, operated and/or maintained by independent third parties. Henley has no control over the privacy practices or the content of any such websites linked to the Website, we can only inform individuals of the types of organisations to who we disclose Personal Information.
Henley will comply with its obligations under the Notifiable Data Breaches scheme in respect of notifiable data breaches. To the extent we are required to notify you of a data breach, we will take all reasonable steps to make you aware of such data breach.
Henley does not adopt or use any identifiers of any Australian government body or agency assigned to any individual as its own identifier.
12. ACCESSING YOUR INFORMATION OR LODGING A COMPLAINT
Accessing and correcting your Personal Information
You are entitled at any time to request access to your Personal Information held by us. Henley will provide you with access to your Personal Information, unless an exception to the right to access applies under applicable privacy law. If an exception applies, Henley will advise you in writing of the reason for refusal and outline how you may complain about the refusal.
Subject to applicable law, Henley reserves the right to charge an administrative fee to cover its reasonable costs for providing access to your personal information. We will endeavour to respond within a reasonable period after the request is made, it is anticipated that this is no more than 30 days.
If Henley does not agree that your Personal Information is inaccurate, we will, at your request, attach a note stating that you disagree with the relevant material.
While Henley takes all reasonable steps to ensure your Personal Information is accurate, up to date and complete, Henley relies upon the accuracy, completeness and currency of the Personal Information you supply to us. Accordingly, if you identify any inaccuracy in your Personal Information, or you need to make a change or wish to verify such information, please contact Henley with a request to access your Personal Information with sufficient information to enable Henley to verify your identify. If this Personal Information has been previously disclosed to a third party, Henley will notify the relevant third parties of the correction.
If there is a reason under the Privacy Act for us not to provide a person with any of your Personal Information (including where we are not obligated to comply with such request), we will give you a written notice of our refusal setting out the reasons for such refusal (except to the extent it would be unreasonable or unlawful to do so), and advise you of the mechanisms available to you to complain about the refusal.
You may also inform us if you withdraw any consents that you have previously provided to us.
Lodging a complaint
- by telephoning – 1300 363 992;
- by writing to – Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218, SYDNEY NSW 2001; or
- by emailing – firstname.lastname@example.org.
13. CONTACT US
Please direct all requests to Henley's Privacy Officer by email at email@example.com or by mail to the following address:
Attention of the Privacy Officer
Henley Arch Pty Ltd
395 Ferntree Gully Road
Mount Waverley, 3149, VIC