2. COLLECTION OF PERSONAL DATA
2.1 BA Electrical may collect and use the following kinds of information:
(a) information about your use of the website or Services (including your IP address; browser type; version and language; operating system; pages viewed while browsing the website or Services; page access times; “cookies”; and referring website address); and
(b) information about your personal details (including name; phone contact details; address information; email; username; password; and payment information).
2.2 BA Electrical does not collect information regarding persons under 16 years old and BA Electrical asks them not to not provide their personal data to BA Electrical.
2.3 Information about your personal data may be collected from you in a variety of ways, including but not limited to:
(a) when you register for the Services;
(b) when you interact with BA Electrical electronically or in person;
(c) when you access BA Electrical’s website or Services; and
(d) when BA Electrical provides products and/or Services to you.
3. USE AND DISCLOSURE OF PERSONAL DATA
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by BA Electrical Wholesaler in the user interface.
3.1 BA Electrical may use your personal data to:
(a) enable your access to the website;
(b) track usage and measure traffic statistics of the website;
(c) supply to you the products and/or Services that you purchase or request as a customer;
(d) receive and/or access information from third party providers for the provision of our products and/or Services to you;
(e) contact you regarding your use of the products and/or Services offered by BA Electrical;
(f) contact you in relation to comments, complaints, enquiries or dispute resolution;
(g) collect payments from you;
(h) communicate with third party providers or associate parties with respect to the provision of the Services; and
(i) send you marketing communications.
3.2 BA Electrical will not disclose personal data about you, unless it is required, incidental or otherwise related to the primary purpose of providing Services to you or a third party for which you have consented to by engaging or using BA Electrical’s Services. However, BA Electrical may disclose your personal data to its business partners who can assist them to provide Services to you as a customer.
3.3 BA Electrical, in its sole discretion, may disclose your personal data if it is required to do so by law or legal process, including:
(a) in order to establish, exercise or defend its legal rights;
(b) as required or authorised by law; or
(c) to the extent required to permit BA Electrical to investigate suspected fraud, harassment or other violations of any law, rule or regulation, our policies, or the rights of third parties or any other suspected conduct BA Electrical deem improper.
4. SECURITY AND ACCURACY
4.1 It is important that you advise BA Electrical of changes to your personal data that you have provided to BA Electrical as it is essential that your personal data is accurate, complete, and up-to-date in order for BA Electrical to provide Services to you.
4.2 BA Electrical will take commercially reasonable steps to protect your personal data from misuse, loss, unauthorised access, modification and disclosure. However, BA Electrical is not liable for any unauthorised access to this information, unless otherwise required by law.
4.3 BA Electrical will take commercially reasonable steps to destroy or permanently de-identify personal data if it is no longer needed for the purposes of providing our Services to you in accordance to the laws of the applicable jurisdiction and where BA Electrical is not required to retain that information by law.
5. ACCESS AND CORRECTION
5.1 You are responsible to ensure that the information you provide to BA Electrical is accurate, complete and up-to-date.
5.2 By request, you may contact BA Electrical and ask to know what sort of personal data is held about you, for what purposes, and how it is collected, held, used and disclosed
5.3 By reasonable request, you may access your personal data by contacting BA Electrical at firstname.lastname@example.org.
5.4 Sometimes, BA Electrical may not be able to provide you with access to all of your personal data or may not be able to make the requested changes and, where this is the case, we will give you a written notice setting out various matters including the reason for the refusal.
6. IDENTIFIERS AND ANONYMITY
6.1 You acknowledge that BA Electrical retains, collects and maintains your personal data for statistical analysis purposes (whether for commercial or non-commercial purposes). You agree that BA Electrical may share, distribute and/or transfer information which you have provided to BA Electrical to third parties, after that information has been de-identified.
7. TRANS-BORDER DATA FLOWS
7.1 BA Electrical stores its information in Australia and on cloud services provided by third parties. You acknowledge, agree and understand that your personal data will be transferred and stored in Australia and other foreign jurisdictions which we or our third party service providers may direct the data to be stored. You agree for us to transfer your information into foreign jurisdictions for the purposes of providing you with the Services.
7.2 In addition to the above, BA Electrical will transfer personal data to a foreign country where:
(a) BA Electrical reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Australian Privacy Principles;
(b) the individual consents to the transfer;
(c) the transfer is necessary for the performance of a contract between you and BA Electrical, or for the implementation of pre-contractual measures taken in response to your request;
(d) the transfer is necessary for the conclusion or performance of a contract concluded in your interest between BA Electrical and a third party;
(e) all of the following apply:
- the transfer is for your benefit;
- it is impracticable to obtain your consent to that transfer; and
- if it were practicable to obtain such consent, you would be likely to give it; or
(f) BA Electrical has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.
8. SENSITIVE INFORMATION
8.1 Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
8.2 Sensitive information will be used by BA Electrical only:
(a) for the primary purpose for which it was obtained;
(b) for a secondary purpose that is directly related to the primary purpose;
(c) with your consent; or
(d) where required or authorised by law.
9.1 The length of time we keep your personal data depends on what it is and whether we have an ongoing business need to retain it (for example, to provide you with a service you’ve requested or to comply with applicable legal, tax or accounting requirements).
9.2 We’ll retain your personal data for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it, in accordance with our data retention policies and practices. Following that period, we’ll make sure it’s deleted or anonymised.
10.2 A complaint should identify whether it is about
(a) the collection of personal data;
(b) the use of personal data;
(c) the disclosure of personal data;
(d) the security or storage of personal data;
(e)the accuracy of personal data;
(f) a refusal to give access to or provide about their personal data; or
(g) a refusal to change or delete personal data.
10.3 BA Electrical values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, BA Electrical will respond in a timely manner to advise you of the outcome following its enquiring into the same. You will also be invited to respond to its outcome. If a response is received, BA Electrical will assess your response and advise if it has changed its view. If you are unsatisfied with the final outcome, BA Electrical will advise further options including.
10.4 We will respond to the complaint in writing within a reasonable time (usually 30 days or as otherwise required by relevant applicable laws).
10.5 In Australia, you may contact Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.
11.2 Governing Law & Jurisdiction
BA Electrical Wholesaler Pty Ltd
PO Box 61
Melton VIC 3337
Effective: 18 September 2018