Pendulum respects your privacy and the confidentiality of information provided by you. This policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth).
What personal information do we collect and hold?
We only collect personal information that is reasonably necessary for our functions or activities, or is required or permitted by law. We may collect personal information including:
- names, addresses, e-mail addresses, phone numbers, other contact details, payment details, occupation and other information to assist us in conducting our business, providing and marketing our products and services;
- information about staff and directors (including qualifications and employment history if you are applying for employment with us, as well as bank account and superannuation account details and a tax file number if you obtain employment with us), as required in the normal course of human resource management and the operation of a business; and
- information about our suppliers and clients with whom we have dealings.
We will only collect sensitive information:
- if you have consented to us doing so and it is reasonably necessary for one or more of our functions or activities; or
- where required or permitted by law.
How do we collect personal information?
We only collect personal information by lawful and fair means.
Wherever reasonable and practicable, Pendulum collects personal information directly from the individual to whom the information relates or their authorised representative. This is typically as a result of, and in connection with, our on-going business relationship with those individuals. For example, we may collect personal information when you:
- request or acquire a product or service from us;
- provide a service or product to us;
- apply for employment with us;
- communicate with us via our website, by e-mail, telephone or in writing;
- attend face-to-face meetings, interviews and telephone calls with us;
- provide a business card; or
- fill out forms, including as part of acquiring a product or service from us.
We sometimes collect personal information from a third party or from a publicly available source, but only if it is unreasonable or impracticable to collect that personal information from the individual directly.
We hold personal information in hard copy and electronic files.
Collection of information from the Pendulum website
When using the Pendulum website, you may voluntarily disclose personal information to us. Our server may automatically record details such as your internet address, domain name if applicable, and the date and time of your visit to our website. This information is used for internal purposes only, including statistical purposes.
We will not try to identify users or their browsing activities except as necessary to investigate or report any suspected unlawful activity, as required or authorised by law or as reasonably necessary for the activity of an enforcement body.
Why do we collect the personal information?
We collect the personal information:
- necessary for us to provide you with the products and services you have requested from us;
- for marketing purposes and to provide you with information about products and services that may be of interest to you;
- to improve the products and services we provide; and
- to enable us to conduct our business, including meeting our legal and regulatory obligations.
Our ability to meet our obligations to you, to process an application or to otherwise deal with you may be adversely affected if you do not provide us the requested personal information or if the information you provide us is incomplete or inaccurate.
How do we use your personal information?
We use personal information:
- in the ordinary course of conducting our business. For example, supplying or acquiring products and services; responding to individuals’ enquiries and feedback; providing information about our events, news, publications and products and services that may be of interest to individuals; and maintaining a relationship with individuals;
- for market research and product and service development, so that we are able to better understand our customers’ needs and tailor our future products and services accordingly;
- in performing general administration, reporting and management functions. For example, invoicing and account management, payment processing, risk management, training, quality assurance and managing suppliers;
- for employment-related purposes, such as recruiting and providing services to staff;
- as part of a sale (or proposed sale) of all or part of our business;
- for other purposes related to or in connection with our business, including meeting our legal and contractual obligations to third parties and for internal corporate governance purposes; and
- as required or permitted by law.
Disclosure of personal information
We will only disclose personal information for the purpose for which it was collected or in the following circumstances:
- to people and organisations engaged by us to provide products or services, or to undertake functions or activities, on our behalf. For example, external service providers, processing payment information, managing databases, marketing, research and advertising;
- to our contractors, business partners, joint venturers, partners or agents;
- to our external advisers, e.g. where disclosure is reasonably required to obtain advice, prepare legal proceedings or investigate suspected unlawful activity or serious misconduct;
- where required or authorised by law;
- where you consent to the disclosure.
We will only use or disclose an individual’s sensitive information for the purpose for which it was initially collected or for another purpose only with your consent or if required or permitted by law.
Cross-border disclosure of personal information
We may deal with third parties, such as service providers, that have part of their operations located overseas. As a result, your personal information may be disclosed to a recipient in a foreign country. Unless you provide specific consent to the disclosure of your information to overseas recipients, we have an obligation to take reasonable steps, in the circumstances, before disclosing personal information to an overseas recipient to ensure that the overseas recipient does not breach privacy laws in relation to that information. Where reasonable in the circumstances, our contracts with overseas recipients oblige them to comply with the APPs and the Privacy Act. If you consent to the disclosure of your information to overseas recipients, then our obligation in relation to not breaching privacy laws does not apply; and we will not be liable to you and you will not be able to seek redress against us under the Privacy Act for any breach of the APPs by those overseas recipients.
By supplying your personal information to us, you consent to the disclosure of your personal information to overseas recipients and agree that the obligation does not apply. You acknowledge, and agree to, the risk associated with the disclosure of your personal information to overseas recipients.
Quality and security of personal information
We will take reasonable steps to ensure that all personal information we hold is:
- accurate, complete, up-to-date, relevant and not misleading;
- stored in a secure environment; and
- protected from misuse, interference and loss as well as unauthorised access, modification or disclosure.
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
No fee applies for requesting access to information we hold about you. However, we reserve the right to charge a reasonable fee for providing you access.
In order to protect your Personal Information, we may require identification from you before releasing the requested information.
Where lawful and practicable, we will give individuals the option of interacting with us anonymously.
Collection of Non-Personal Information
Any non-personal information, communications and material you send to this site or to us by email or other means, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products. You agree that any information you send to us must be truthful, not violate the rights of others and be legal for us to possess and use.
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