Kirby Privacy Collection Notice
Kirby HVAC&R ABN 42 624 910 041 (Kirby, we or us) uses this collection notice to set out the prescribed information in the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth).
2. Our contact details
3. How we collect your personal information (if collected from someone other than you)
Kirby may 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).
4. Why did Kirby collect the personal information?
The main purpose for which Kirby collects personal information is to:
• fulfil or process your request for information, products or services;
• bill you for products purchased or services rendered;
• offer you customer support services; and
• do all things necessary to carry out the transaction you requested and develop and maintain our relationship with you and communicate with you.
5. Consequences to you if Kirby does not collect all or some of your personal information
You do not have to provide Kirby with your personal information. However a refusal may mean that the product or service you requested from Kirby cannot be provided.
6. Sharing your personal information
Kirby may use and disclose personal information for related purposes to third parties. Types of organisations to whom Kirby may disclose your personal information includes:
- 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;
- 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
Kirby does not provide, rent, sell or exchange your personal information to third parties without your prior approval.
7. Do we disclose your personal information overseas?
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:
o we will not be liable under the Act; and
o 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.