Kirby HVAC&R (ABN 42 624 910 041) (trading as “KIRBY”) 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.
KIRBY is governed by the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (the Act).
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.
COLLECTION AND USE OF PERSONAL INFORMATION
What kinds of personal information do we collect and hold?
- 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 KIRBY 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:
- Fulfil 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 KIRBY with your personal information. However a refusal may mean that the product or service you requested from KIRBY cannot be provided.
If KIRBY 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:
o 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);
o use or disclosure is required or authorised under Australian law or a court/tribunal;
o a permitted situation (as defined in the Act) exists in relation to KIRBY’s use or disclosure of the information;
o a permitted health situation (as defined in the Act) exists in relation to use or disclosure of the information; or
o 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.
KIRBY may use or disclose your personal information (other than sensitive information) for direct marketing if:
- KIRBY collected the information from you; and
- you reasonably expect KIRBY to use or disclose the information for direct marketing; and
- KIRBY provided you with a simple way to opt out of receiving direct marketing; and
- you have not made such an opt out request to KIRBY.
- KIRBY may also use or disclose your personal information (other than sensitive information) for direct marketing if:
- KIRBY collected the information from you and you would not reasonably expect KIRBY to use or disclose the information for direct marketing or someone other than you; and
o you have consented to the use or disclosure of the information for direct marketing; or
o it is impracticable to obtain that consent; and
- KIRBY provided you with a simple way to opt out of receiving direct marketing from KIRBY ; and
- in each direct marketing communication with you:
o KIRBY includes a clear statement that you can request to opt out; or
o KIRBY otherwise draw your attention to the fact that you can request to opt out; and
o you have not made such a request to KIRBY.
KIRBY 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 KIRBY used to send you direct marketing material was collected from a third party, you can ask KIRBY 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 KIRBY. If KIRBY uses or discloses your personal information for the purpose of facilitating direct marketing by other organisations, you may request that KIRBY does not use or disclose your information for this purpose. KIRBY will give effect to your request not
to receive direct marketing from KIRBY or an entity facilitated by KIRBY free of charge within a reasonable
A copy of our Collection Notice is available via our website (www.kirbyhvacr.com.au) any time that you provide KIRBY 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 KIRBY's records containing your personal information. To request access to your personal information please contact the KIRBY Marketing Communications Manager. We will respond to your request to access your personal information within a reasonable period of time. Where reasonable and practicable, KIRBY will give you access to the information requested.
If KIRBY 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. KIRBY 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 KIRBY’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.
KIRBY 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
KIRBY 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 KIRBY in writing via the details listed in the Contact Information section below and we will try to correct your personal information.
KIRBY will respond to your request to correct your personal information free of charge and within a reasonable period of time. If KIRBY 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 KIRBY 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. KIRBY will take reasonable steps to make the statement visible to users of your personal information.
If KIRBY does correct your personal information and we have previously disclosed your personal information to a third party, upon your request, KIRBY 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, KIRBY 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.
KIRBY 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.
KIRBY also reserves the right to disclose and/or transfer personal information to a third party in the 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:
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.
KNOWLEDGE AND CONSENT
KIRBY 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.
Should you choose to withdraw consent for KIRBY 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 KIRBY
Where practicable, KIRBY allows individuals the option not to identify themselves or to use a pseudonym when dealing with us.
KIRBY takes all reasonable steps to ensure that all unsolicited information is destroyed or de-identified.
HOW WE PROTECT YOUR PERSONAL INFORMATION
KIRBY 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 KIRBY who have a legitimate need to use such information in delivering the products and services you have requested from KIRBY. In addition, KIRBY employs generally accepted information security techniques, such as firewalls and access control procedures, to protect personal information against loss and unauthorised access.
KIRBY 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.
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:
RETENTION OF YOUR PERSONAL INFORMATION
KIRBY 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.
If you have a question, complaint, wish to access, correct or delete your personal information from our records please contact KIRBY as follows:
KIRBY Communications Manager
Phone: +61 2 9774 7038
Mail: Locked Bag 63, Wetherill Park NSW 1851
KIRBY 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
Version – July 2019