Privacy laws that apply to our business
We also seek to comply with all other Australian laws regulating the protection of personal information including the Telecommunications Act 1997 (Cth), Spam Act 2010 (Cth), Do Not Call Register Act 2006 (Cth), data retention laws and state legislation relating to health records to the extent applicable to Peak Amplify. We comply with similar laws in the United States to the extent applicable.
What is personal information?
Some types of personal information are designated as ‘sensitive information’, which are subject to additional protection under the Privacy Act and GDPR. For example, these can include information about your political affiliation, memberships with trade associations, or health records or criminal records.
Why do we collect your personal information?
We collect personal information directly from you where it is reasonably necessary for our functions or activities or as required by law. This can include:
- providing services to our clients;
- administering and managing our relationships with clients and suppliers
- including for billing, credit control and investor purposes;
- marketing and promotional activities to grow and promote our business;
- undertaking research and development to improve our services;
- obtaining services from other businesses;
- employing staff; and
- complying with our legal and regulatory obligations.
How do we collect personal information?
We collect personal information directly from you, including when you:
- access or use our website;
- subscribe to, purchase, or receive our products or services;
- sign up to receive news and exclusive offers, promotions, or events;
- enter surveys, competitions, promotions or requesting information or material from us;
- make inquiries about us or our products or services or otherwise communicate with us by email, by telephone, in person, via a website or otherwise; and
- apply to work with us or are engaged by us as a contractor.
Where it is reasonable and practicable to do so, we will only collect personal information about you from you directly and not from third parties. In limited circumstances, we may collect personal information about you from publicly available sources (such as the Internet) and from third parties (such as mutual contacts, or if someone makes a purchase on your behalf, or your referees provided during the recruitment process if you apply for a job with us). We may also collect personal information through third parties such as our service providers, through promotional and marketing activities, and from publicly available sources of information. We also collect personal information directly and indirectly from our contractors, suppliers or agents, including:
- social media platforms like Twitter and Facebook;
- marketing lists, databases and data aggregation services;
- websites or websites hosted or operated by our contractors, suppliers or agents;
- credit reporting agencies if you become our client.
What types of personal information do we collect?
The types of personal information we collect about you will depend on the purpose for which the personal information is collected. This can include:
- in the case of prospective clients enquiring about our services – your name, mailing or street address, email address and telephone number. Additionally for corporate clients, we may collect the job title and business address;
- in the case of clients purchasing our services via our website – your name, billing or shipping address, email address, telephone number(s), payment information (including credit card information or alternative payment method account information), and order details;
- if you have requested to receive news about exclusive offers, promotions, or events – your name, mailing or street address, email address, and telephone number(s);
- in the case of prospective employees or contractors – information contained in your application or résumé, recorded during any interview, or obtained through any pre-employment checks, and government-issued identifiers such as tax file numbers; and
- in the case of our suppliers and distributors – your name, mailing or street address, email address, and telephone number(s).
Generally, we will not collect sensitive information about you. However, in certain circumstances, we may need to collect limited sensitive information. For example in order to manage our relationships with clients, partners and suppliers we may collect the following types of information:
- financial or credit information including credit history or bankruptcy, bank account or credit card information, details about assets or income, employment history or concessional entitlements;
- proof of identity such as driver’s license or passport number;
- telephone service numbers (including unlisted numbers) and other public number client details to provide it to the operator of the integrated public number database in the case of an emergency; and
- details of property including ownership or leasing arrangements.
We also collect technical information and general analytics, such as web browser type and browsing preferences, Internet service provider, referring/exit pages, and date/time stamps, IP address, time zone, and geolocation data (if applicable) arising from your use of our website.
Can you choose not to disclose your personal information?
If you contact us to make a general enquiry about us or our business, you do not have to identify yourself or provide personal information. Alternatively, you can also notify us that you wish to deal with us using a pseudonym.
However, if we are not able to collect personal information about you, we may not be able to provide you with the information or assistance you require, or provide you with our services. For example, we will not be able to send you information you have requested if you have not provided us with a valid email address or telephone number.
Personal information collected online
We use the following technologies to collect technical information and general analytics:
- cookies, which are data files that are placed on your device and often include an anonymous unique identifier;
- log files, which track actions occurring on our websites;
- web beacons, tags and pixels which are electronic files used to record information about how you browse our website and may interact with other third parties.
Cookies can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). Check your browser settings to learn how to delete cookies.
You can also disable cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our websites who disable cookies may not be able to browse certain areas of the websites.
Some of our websites may use Google Analytics to analyse traffic. You can find out more information about Google Analytics cookies by visiting https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. To opt out of Google Analytics relating to your use of our Sites, you can download and install the Browser Plugin available by visiting the following location provided: https://tools.google.com/dlpage/gaoptout?hl=en.
Do Not Track Disclosure
Do Not Track (DNT) is a privacy preference that users can set in certain web browsers. At this time, we do not recognize or respond to DNT signals.
How we use your personal information?
In general, we use your personal information for purposes connected with our business.
Some of the specific purposes for which we use your personal information are as follows:
- to provide our products and services to our clients or to receive goods or services from third parties;
- to enable the proper operation and functionality of our products and services;
- to verify your identity (for example, if you request access to the personal information we holds about you);
- to conduct a credit check (for example, if you request a line of credit for one of our products or services);
- to consider you for a job at Peak Amplify (whether as an employee or contractor) or other relationships with us;
- to communicate with you and to address any issues or complaints that we or you may have regarding our relationship, products or services;
- for direct marketing purposes (see the “Direct marketing” section below); and
- to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.
We may also use or disclose your personal information for our administrative, marketing (including direct marketing), planning, product or service development, quality control, survey and research purposes and for other purposes to which you have consented, or as otherwise permitted or required by law. You are able to opt out of receiving direct marketing (see the “Direct marketing communications” section below).
Technical information and general analytics is used for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are on our websites, and to improve our websites and our products and services.
We will only use personal information about you if we have a lawful basis to do so, for example:
- where you have given us your consent;
- where processing of your personal information is necessary for the performance of a contract with you;
- to meet our legal obligations; and
- to pursue our legitimate business interests.
We may use or disclose your personal information:
- for the purposes for which we collected it (and related purposes which would be reasonably expected by you);
- for other purposes to which you have consented; and
- as otherwise authorised or required by law.
To whom do we disclose personal information?
We may disclose your personal information to third parties in connection with the purposes described above (see the “How do we use your personal information?” section).
The Privacy Act and APPs also allows us to use and disclose personal information if required or authorised under an Australian law or a court or tribunal order, if a permitted general or health situation exists as defined in the Privacy Act or we believe the use or disclosure of the personal information is reasonably necessary for activities conducted by a law enforcement agency. In these instances we do not need consent to disclose personal information.
This may include disclosing your personal information to the following types of third parties, including:
- our professional advisers, including legal, accounting, insurance or advisory consultants;
- our subsidiaries and affiliated entities;
- to third party service providers who assist us in performing our functions e.g. payment systems operators and financial institutions, cloud service providers, data storage providers, shipping companies, telecommunications providers and IT support services providers;
- sales agents and representatives, contractors or suppliers;
- our related companies;
- complaint handling bodies, Government or regulatory bodies;
- printers, mail distributors, couriers and dispatch centres;
- our employees and contractors who assist us in performing our functions and activities e.g. IT service providers and data managers;
- organisations authorised by us to conduct promotional, research or marketing activities;
- third parties to whom you have authorised us to disclose your information (e.g. referees);
- credit reporting or credit collection agencies;
- third parties with whom we merge or which acquire our assets or business (including in connection with a bankruptcy proceeding) and where your personal information is included in the assets that are transferred; and
- any other person as required or permitted by law.
If we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use and disclose personal information as reasonably required for the purpose of disclosure and in a manner consistent with applicable laws, for example (where commercially practical) by including suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information.
Direct marketing communications
We will only send you direct marketing communications (either through mail, SMS or email), including offers any news and exclusive offers, promotions, or events, where you have consented to do so.
You may opt-out of receiving direct marketing communications at any time by contacting us or by using opt-out facilities provided in the direct marketing communications.
Does personal information leave Australia?
We store your personal information on servers located in your region; for example personal information from Australian customers will be stored in Australia, personal information from US customers will be stored in the US, and personal information from EU customers will be stored in the EU. We may disclose your personal information to overseas recipients, such as to our contractors, suppliers, affiliates or agents located outside your region, in order to provide our products and services and to obtain services for our business. For example, we may disclose your personal information, and your personal information will be stored by, our supplier HubSpot in the United States of America.
How do we protect your personal information?
We will take reasonable steps to ensure that your personal information is protected from misuse, loss and from unauthorised access, modification or disclosure.
Our staff are trained to treat client information with the utmost confidentiality. Our contractors, suppliers, affiliates or agents have contractual arrangements in place with us that require them to comply with applicable privacy laws and our policies. If a contractor, supplier, affiliate or agent is based outside Australia, our contractual arrangements also oblige them to treat personal information transferred to them with the same level of protection as would apply to the information in Australia.
For personal information that is stored in hardcopy or electronically, we have processes in place to ensure that our information systems and files are kept secure from unauthorised access and interference.
However, as the Internet is inherently insecure, we cannot guarantee the security of transmission of personal information you disclose to us online. Accordingly, you transmit your personal information to us online at your own risk.
Please notify us immediately if you become aware of any breach of security.
How long do we keep your personal information?
How can you seek to access and correct personal information we hold about you?
You may seek access to personal information we hold about you by contacting us as described in the “How to contact us” section below.
We will provide access to that information in accordance with applicable legal requirements, subject to certain exemptions which may apply. We may require that the person requesting access provide suitable identification and where permitted by law we may charge a fee for giving access to your personal information.
If you become aware that any personal information we hold about you is incorrect or if you wish to update your information, please contact us as described in the “How to contact us” section below.
How you can complain about a privacy issue
You may make a privacy complaint in relation to personal information we hold about you by contacting us as described in the “How to contact us” section below.
If you make a privacy complaint, our Privacy Officer or another suitable staff member will investigate the matter and attempt to resolve it as soon as reasonably possible (usually within 30 days of receipt of the complaint).
If you consider your concerns have not been resolved satisfactorily by us, or you wish to obtain more information on privacy requirements you can contact:
- the Office of the Australian Information Commissioner on 1300 363 992 or visit their website at www.oaic.gov.au; and
- if you are located in the European Union, your local data protection authority: https://edpb.europa.eu/about-edpb/board/members_en.
Individuals located in the EU
If you are located in the European Union, you may have the following rights:
- The right to access, rectify or update the personal information we hold about you.
- The right to request erasure of personal information we hold about you, for example if the personal information is no longer necessary to provide services to you.
- The right to require us to stop using all or some of your personal information (for example, if we no longer has a legal right to keep using it) or to restrict its use of your personal information (for example, if you consider that the personal information we hold about you is inaccurate or if it is unlawfully held).
- The right to data portability. In some circumstances you have the right to be provided with a copy of the personal information we hold about you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You may withdraw your consent at any time where we relied on your consent to process your personal information.
We may ask you to provide suitable identification when you seek to exercise any of these rights.
Local exemptions and inconsistency with law
Where laws allow for an exemption to compliance with certain legal obligations (for example, the employee records exemption), we may rely on such an exemption.
Representative for data subjects in the EU and UK
We value your privacy and your rights as a data subject and have therefore appointed Prighter Group with its local partners as our privacy representative and your point of contact.
Prighter gives you an easy way to exercise your privacy-related rights (e.g. requests to access or erase personal data). If you want to contact us via our representative Prighter or make use of your data subject rights, please visit the following website. https://prighter.com/q/12770482713.
California Privacy Notice
California Civil Code Section § 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not transfer your personal information to third parties for their direct marketing purposes.
How to contact us
If you have a query, concern or complaint about the manner in which your personal information has been collected or handled by us or would like to request access to or correction of the personal information we hold about you, please contact using the details provided below:
You can call or email us to access your personal information.
Telephone: 1300 026 033
Email address: [email protected]
Last updated: 29 April 2022