1.1 Action Steel is committed to providing Users with the highest levels of service which includes protecting each User’s privacy. Action Steel respects the privacy and confidentiality of the Information provided by Users and adheres to Australian Privacy Law. Action Steel only collects Information in order to properly and efficiently carry out its business and to facilitate the provision of marketing and promotion services that may be of interest to Users.
2. DEFINITIONS AND INTERPRETATION
2.1 Defined terms
In these Terms and Conditions:
(a) Australian Privacy Law means any applicable privacy legislation to which Action Steel is subject, including without limitation the Privacy Act 1988 (Cth) and the Privacy and Data Protection Act 2014 (Vic);
(b) Action Steel means Action Steel Pty Ltd;
(c) Customer means any person or entity that places an order for Goods or for Services;
(d) Engagement means each of the following:
(i) an agreement between Action Steel and a Customer to provide Services on the Terms and Conditions;
(ii) an agreement between Action Steel and a Customer to provide Goods on the Terms and Conditions; or
(iii) a User visiting, accessing, browsing or otherwise using the Website;
(e) Goods means goods supplied by Action Steel to a Customer;
(f) Information means Personal Information and Sensitive Information;
(g) Personal information means information or an opinion (including information forming part of a database), whether true or not, and whether recorded in material form or not, about an individual whose identity is reasonably apparent, or can be reasonably ascertained, from the information or opinion.
(i) Sensitive Information is defined in the Privacy Act to include things such as race, sexual orientation, political opinions, members of a trade association or trade union, criminal record or health information;
(j) Services means the services to be provided by Action Steel to a Customer;
(k) Terms and Conditions means Action Steel’s standard terms and conditions, as amended from time to time;
(l) User means any person or entity that makes an Engagement with Action Steel; and
(m) Website means www.actionsteel.com.au
3.1 Action Steel only collects Information by fair and Iawful means where it is reasonable and practicable to do so.
3.2 The Information collected by Action Steel about a particular User will vary depending on the circumstances of collection. It may include, but is not limited to, a person’s contact details (name, email and/or postal address, phone number), date of birth, gender, credit card details, driver’s licence number, passport number, insurance details, employment history, working with children checks, police checks, qualifications, and digital images of people or communication history with Action Steel. If it is reasonably necessary in the circumstances, Action Steel may also collect Sensitive Information.
3.4 If a User does not provide Action Steel with the Information it reasonably requests, Action Steel may not be able to fulfill the Engagement.
3.5 Action Steel collects Information that Users provide:
(a) in order forms submitted to Action Steel;
(b) when visiting the Website;
(c) during telephone, or in person, communications with Action Steel; and
(d) in written correspondence with Action Steel (including email correspondence).
4. USE AND DISCLOSURE OF INFORMATION
4.1 Action Steel may use and disclose Information collected from Users for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and for any other purpose authorised by Australian Privacy Law. In general, Action Steel uses and discloses Information to:
(a) properly and efficiently carry out Action Steel’s business;
(b) provide Services and fulfill Engagements;
(c) provide customer support, customer surveys, product management and promotion;
(d) conduct Website administration and technical support;
(e) protect the rights, property or safety of Action Steel, Users or third parties;
(f) market Action Steel’s business, Goods and Services;
(g) communicate with Users; and
(h) comply with its legal obligations.
4.2 Action Steel will use all reasonable means to protect the confidentiality of Information collected from Users whilst it is in Action Steel’s possession or control. Action Steel does not and will not sell or deal in the Information of Users. Action Steel will not knowingly share any Information from Users with any third party except where such Information is required to be disclosed in order to fulfil an Engagement the User has made or in order to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant or a law enforcement agency request.
4.3 If there is a change of control of Action Steel (whether by merger, sale, transfer of assets or otherwise) the Information of Users could be disclosed to a potential purchaser under a confidentiality agreement. Action Steel would only disclose the Information of Users in good faith in such circumstances.
4.4 Any non-personal information, communications and material collected by Action Steel from Users may be kept, used and disclosed by Action Steel on a non-confidential basis. Action Steel is free to use and reproduce any such information freely, and for any purpose whatsoever.
5. DATA STORAGE
Please note that Information submitted to and collected by Action Steel may be stored on secure databases located both within Australia, and in some cases, on databases located overseas. If a User does not want their Information being stored outside Australia they should not submit Information to Action Steel when using the Website or entering into an Engagement with Action Steel.
6. ACCESSING AND UPDATING YOUR INFORMATION
6.1 All Users, or their authorised representative(s), have a right to access, update and correct information that Action Steel holds about them.
6.2 All Users may notify Action Steel at any time by contacting Action Steel’s Customer Service department to request that their Information is amended or updated. Action Steel will then take reasonable steps to correct the Information in the manner requested.
7.1 To make the Website work properly, Action Steel places small data files called cookies on the User’s device. Most big websites do this too.
7.2 What are cookies?
A cookie is a small text file that a website saves on a computer or mobile device when a User visits the site. It enables the website to remember a User’s actions and preferences (such as details of data that you choose to submit to us through online contact forms etc).) over a period of time, so they don’t have to keep re-entering them whenever they browse from one page to another.
7.4 How to control cookies
9. COMPLAINTS AND FURTHER INFORMATION
9.1 If you have any questions about privacy-related issues or any complaints about alleged breaches by Action Steel of Australian Privacy Law please contact Action Steel’s Customer Service department.
9.2 For further information about privacy, the protection of privacy and credit reporting can also be found on visit the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.