1. IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy policy

This Privacy Policy applies to all your dealings with The Patio Black Spot Removal Company Pty Ltd (referred to as “we”, “us” or “our” in this privacy policy) in relation to personal information we obtain, to the extent that the Privacy Act 1988 (Cth) (“the Act”) and the Australian Privacy Principles (“the APPs”) applies to that personal information.

“Personal Information” is defined under the Act as meaning ‘information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not’.

We respect your privacy and are committed to protecting your Personal Information. This privacy policy aims to give you information about how we collect and process your Personal Information, including any data you may provide when you purchase a product or visit our website (regardless of where you visit it from) and to tell you how the law protects your privacy.

It is important that you read this privacy policy, together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing Personal Information about you, so you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

This website is not intended for children and we do not knowingly collect data relating to children.

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

IT IS IMPORTANT THAT THE PERSONAL INFORMATION WE HOLD ABOUT YOU IS ACCURATE AND CURRENT. PLEASE KEEP US INFORMED IF YOUR PERSONAL INFORMATION CHANGES DURING YOUR RELATIONSHIP WITH US.

We keep our privacy policy under regular review. This version was last updated on 11 August 2020. You can download a pdf version of the policy HERE.

Our contact details

If you have any questions about this privacy policy, or wish to exercise any of your legal rights, please contact our Privacy Officer in one of the following ways:

Full name of legal entity: The Patio Black Spot Removal Company Pty Ltd
Postal address: The Patio Black Spot Removal Company Pty Ltd, Three International Towers, Level 24. 3000 Barangoo Avenue, Sydney NSW 2000, Australia.
Telephone number: (02) 7908 0114
Email address info@patioblackspotremoval.com.au

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about you from which you can be identified. It does not include data where your identity has been removed (anonymous data).

We may collect, use, store and transfer the following kinds of Personal Information about you:

Identity Data, such as title, first name and last name.

Contact Data, such as billing address, delivery address, email address and telephone numbers.

Financial Data, such as bank account and payment card details.

Transaction Data, such as details about payments to and from you and other details of products and services you have purchased from us.

Technical Data, such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

Profile Data, such as your username and password, purchases or orders made by you, your preferences, feedback and survey responses.

Usage Data, such as information about how you use our website, products and services.

Marketing and Communications Data, such as your preferences in receiving marketing from us and your communication preferences.

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your Personal Information but is not considered Personal Information in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data (details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions or trade union membership, or information about your health, and genetic and biometric data) about you, nor do we collect any information about criminal convictions and offences.

If you fail to provide Personal Information

Where we need to collect Personal Information by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods). In this case, we may have to cancel an order you have with us but we will notify you if this is the case at the time.

3. HOW WE COLLECT YOUR PERSONAL DATA

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms on our website or at trade shows or by corresponding with us by post, phone, email or otherwise. This includes Personal Information you provide when you:

• place an order to purchase our products;
• create an account on our website;
• request marketing materials to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback; or
• contact us for any other reason.

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Personal Information by using cookies, server logs and other similar technologies. For more information about the cookies we use, please see here COOKIE POLICY.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

Third parties or publicly available sources. We do not receive Personal Information about you from third parties, save for Technical Data which we may receive from analytics providers, such as Google, based outside Australia.

4. HOW WE USE YOUR PERSONAL INFORMATION

We have set out below, in table format, a description of all the ways we plan to use your Personal Information, which of the legal bases we rely on to do so and, where we are relying on “legitimate interests” (see under C below), what those legitimate interests are. Note that, depending on the specific purpose for which we are using your data, more than one lawful ground may apply.

In the table, we use the following abbreviations:

Type of Data

1 = Identity Data
2 = Contact Data
3 = Financial Data
4 = Transaction Data
5 = Technical Data
6 = Profile Data
7 = Usage Data
8 = Marketing and Communications Data

Legal justification for processing

A = We need to process the data in order to perform the contract we have entered, or are about to enter, into with you, or to take steps at your request before entering into such a contract.

B = We need to process the data in order to comply with a legal or regulatory obligation to which we are subject.

C = We process the data because it is necessary for the legitimate interests of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Purpose/Activity	Type of data	Legal justification for processing (including basis of legitimate interest)
To register you as a new customer.	1, 2	A.
To process and comply with your instructions including: (a)     managing payments, fees and charges; (b)    collecting and recovering money owed to us.	1, 2, 4, 8	A , C (to recover debts due to us).
To manage our relationship with you, which will include: (a)     notifying you about changes to our terms or privacy policy; (b)   asking you to leave a review or take a survey.	1, 2, 6, 8	A, B, C (to keep our records updated and to study how our customers use our products/services).
To enable you to participate in a prize draw, competition or complete a survey.	1, 2, 6, 8	A, C (to study how our customers use our products/services, to develop them and grow our business).
To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).	1, 2, 5	B, C (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise).
To deliver relevant website content and advertisements to our customers and contacts and measure or understand the effectiveness of the advertising we serve to them.	1, 2, 5, 6, 7, 8	C (to study how our clients use our products/services, to develop them, to grow our business and to inform our marketing strategy).
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences.	5, 7	C (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).
To make suggestions and recommendations to you about products or services that may be of interest to you.	1, 2 ,5, 6,7	C (to develop our products/services and grow our business).

We may also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from Personal Information but is not considered Personal Information in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with any Personal Information so that it can directly or indirectly identify you, we must treat the combined data as Personal Information which will be used in accordance with this Policy.

Change of purpose

We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. MARKETING

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products and offers may be relevant for you.

If you have requested information or purchased products from us, we may once a year send you an email about our “Black Friday” promotion. Apart from the initial email confirming your order, this is the only email we will send you. You may opt out of receiving marketing emails from us at any time by contacting us.

We will not share your Personal Information with any third party for marketing purposes without your express opt-in consent.

Opting out

You can ask us to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you, or by contacting us at any time.

If you opt out of receiving marketing communications from us at any time, your details will be suppressed as soon as possible. This involves retaining just enough information to ensure that marketing preferences are respected in the future. Please note we will retain Personal Information provided to us as a result of a product purchase, warranty registration, product experience or other transactions for as long as we need to (see paragraph 9 below).

If you change your mind about receiving marketing communications from us, you can update your choices at any time by contacting us.

6. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your Personal Information with other parties for the purposes set out in the table in paragraph 4 above. In particular, we may disclose your data to:

• Our delivery company to enable them to contact you to advise you when the goods will be delivered, and to deliver them to you.
• Our professional advisers, including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• External service providers who provide IT and system administration services.
• Government regulators and other authorities who require reporting of processing activities in certain circumstances.

We may also disclose your data to third parties to whom we may wish to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Information in the same way as is set out in this privacy notice.

We require all third parties to respect the security of your Personal Information and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions.

Unless required to do so by law, we will not share your Personal Information with third parties for any other purpose without your express opt-in consent.

7. INTERNATIONAL TRANSFERS

We may transfer your Personal Information to our parent company in the United Kingdom, the Patio Black Spot Removal Company Ltd. We will not transfer your Personal Information outside Australia or the European Economic Area or permit our parent company to do so.

8. DATA SECURITY

We have put in place appropriate security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach when we are legally required to do so.

9. HOW LONG WILL YOU KEEP MY PERSONAL DATA?

We will only keep your Personal Information for as long as reasonably necessary to fulfil the purposes for which we collected it, or for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may keep your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

We keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances we will anonymise your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

10. HOW CAN YOU ACCESS OR CORRECT YOUR PERSONAL INFORMATION UNDER THE ACT?

Accessing your personal information

To access the personal information we hold about you, please send a written request to our Privacy Officer (see contact details in section 1). Generally, we will try to grant access to the personal information. We may charge for giving access to the personal information.

We may refuse to give access to the personal information where for example giving access would disclose commercially sensitive information or information relating to existing or anticipated legal proceedings. If we refuse to provide you with access to personal information held about you by us, then we will provide written reasons for the refusal and advise you of available avenues of redress.

Correcting your personal information

Where necessary we will take reasonable steps to ensure the personal information we collect and disclose is accurate, up-to-date, complete and relevant.

If we discover the information is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to correct the personal information. If you find that information we hold about you is incorrect, please request its correction free of charge by contacting our Privacy Officer (see contact details in section 1). In your request for correction, you can request that we notify any other ‘Australian Privacy Principles entity’ (“APP entity”) (as defined by the Act) of the correction if successful. If we refuse your request for correction, we will provide written reasons for the refusal and advise you of the mechanisms available to you to complain about the refusal.

How can you complain about a breach of the Act?

If you believe an act or practice we have engaged in has breached the Act, you can lodge a complaint free of charge by contacting our Privacy Officer (see contact details in section 1).

If you are unhappy with our resolution of your complaint or with the way we have handled your complaint, you may be able to refer to the matter to the Office of the Australian Information Commissioner (“the Commissioner”) (see www.oaic.gov.au for further details).