Privacy laws that apply to our business
We seek to comply with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) when collecting, using, disclosing, handling and accessing your personal information.
We also seek to comply with all other Australian laws regulating the protection of personal information including the Telecommunications Act 1997 (Cth), Spam Act 2010 (Cth), Do Not Call Register Act 2006 (Cth), data retention laws and state legislation relating to health records to the extent applicable to Peak Insight.
What is personal information?
Some types of personal information are designated as ‘sensitive information’, which are subject to additional protection under the Privacy Act. For example, these can include information about your political affiliation, memberships with trade associations, or health records or criminal records.
Why do we collect your personal information?
We collect personal information directly from you where it is reasonably necessary for our functions or activities or as required by law. This can include:
- providing services to our clients;
- administering and managing our relationships with clients and suppliers including for billing, credit control and investor purposes;
- marketing and promotional activities to grow and promote our business;
- undertaking research and development to improve our services;
- obtaining services from other businesses;
- employing staff; and
- complying with our legal and regulatory obligations.
How do we collect personal information?
We collect personal information directly from you, including when you:
- access or use our website;
- subscribe to, purchase, or receive our products or services;
- sign up to receive news and exclusive offers, promotions, or events;
- enter surveys, competitions, promotions or requesting information or material from us;
- make inquiries about us or our products or services or otherwise communicate with us by email, by telephone, in person, via a website or otherwise; and
- apply to work with us or are engaged by us as a contractor.
Where it is reasonable and practicable to do so, we will only collect personal information about you from you directly and not from third parties. In limited circumstances, we may collect personal information about you from publicly available sources (such as the Internet) and from third parties (such as mutual contacts, or if someone makes a purchase on your behalf, or your referees provided during the recruitment process if you apply for a job with us). We may also collect personal information through third parties such as our service providers, through promotional and marketing activities, and from publicly available sources of information. We also collect personal information directly and indirectly from our contractors, suppliers or agents, including:
- social media platforms like Twitter and Facebook;
- marketing lists, databases and data aggregation services;
- websites or websites hosted or operated by our contractors, suppliers or agents;
- credit reporting agencies if you become our client.
What types of personal information do we collect?
The types of personal information we collect about you will depend on the purpose for which the personal information is collected. This can include:
- in the case of prospective clients enquiring about our services – your name, mailing or street address, email address and telephone number. Additionally for corporate clients, we may collect the job title and business address;
- in the case of clients purchasing our services via our website – your name, billing or shipping address, email address, telephone number(s), payment information (including credit card information or alternative payment method account information), and order details;
- if you have requested to receive news about exclusive offers, promotions, or events – your name, mailing or street address, email address, and telephone number(s);
- in the case of prospective employees or contractors – information contained in your application or résumé, recorded during any interview, or obtained through any pre-employment checks, and government-issued identifiers such as tax file numbers; and
- in the case of our suppliers and distributors – your name, mailing or street address, email address, and telephone number(s).
Generally, we will not collect sensitive information about you. However, in certain circumstances, we may need to collect limited sensitive information. For example in order to manage our relationships with clients, partners and suppliers we may collect the following types of information:
- financial or credit information including credit history or bankruptcy, bank account or credit card information, details about assets or income, employment history or concessional entitlements;
- proof of identity such as driver’s license or passport number;
- telephone service numbers (including unlisted numbers) and other public number client details to provide it to the operator of the integrated public number database in the case of an emergency; and
- details of property including ownership or leasing arrangements.
We also collect technical information and general analytics, such as web browser type and browsing preferences, Internet service provider, referring/exit pages, and date/time stamps, IP address, time zone, and geolocation data (if applicable) arising from your use of our website.
Can you choose not to disclose your personal information?
If you contact us to make a general enquiry about us or our business, you do not have to identify yourself or provide personal information. Alternatively, you can also notify us that you wish to deal with us using a pseudonym.
However, if we are not able to collect personal information about you, we may not be able to provide you with the information or assistance you require, or provide you with our services. For example, we will not be able to send you information you have requested if you have not provided us with a valid email address or telephone number.
Personal information collected online
We use the following technologies to collect technical information and general analytics:
- cookies, which are data files that are placed on your device and often include an anonymous unique identifier;
- log files, which track actions occurring on our websites;
- web beacons, tags and pixels which are electronic files used to record information about how you browse our website and may interact with other third parties.
How we use your personal information?
In general, we use your personal information for purposes connected with our business.
Some of the specific purposes for which we use your personal information are as follows:
- to provide our products and services to our clients or to receive goods or services from third parties;
- to enable the proper operation and functionality of our products and services;
- to verify your identity (for example, if you request access to the personal information we holds about you);
- to conduct a credit check (for example, if you request a line of credit for one of our products or services);
- to consider you for a job at Peak Insight (whether as an employee or contractor) or other relationships with us;
- to communicate with you and to address any issues or complaints that we or you may have regarding our relationship, products or services;
- for direct marketing purposes (see the “Direct marketing” section below); and
- to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.
We may also use or disclose your personal information for our administrative, marketing (including direct marketing), planning, product or service development, quality control, survey and research purposes and for other purposes to which you have consented, or as otherwise permitted or required by law. You are able to opt out of receiving direct marketing (see the “Direct marketing communications” section below).
Technical information and general analytics is used for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are on our websites, and to improve our websites and our products and services.
To whom do we disclose personal information?
The Privacy Act and APPs also allows us to use and disclose personal information if required or authorised under an Australian law or a court or tribunal order, if a permitted general or health situation exists as defined in the Privacy Act or we believe the use or disclosure of the personal information is reasonably necessary for activities conducted by a law enforcement agency. In these instances we do not need consent to disclose personal information.
This may include disclosing your personal information to the following types of third parties, including:
- our professional advisers, including legal, accounting, insurance or advisory consultants;
- to third party service providers who assist us in performing our functions e.g. payment systems operators and financial institutions, cloud service providers, data storage providers, shipping companies, telecommunications providers and IT support services providers;
- sales agents and representatives, contractors or suppliers;
- our related companies;
- complaint handling bodies, Government or regulatory bodies;
- printers, mail distributors, couriers and dispatch centres;
- our employees and contractors who assist us in performing our functions and activities e.g. IT service providers and data managers;
- organisations authorised by us to conduct promotional, research or marketing activities;
- third parties to whom you have authorised us to disclose your information (e.g. referees);
- credit reporting or credit collection agencies; and
- any other person as required or permitted by law.
If we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use and disclose personal information as reasonably required for the purpose of disclosure and in a manner consistent with applicable laws, for example (where commercially practical) by including suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information.
Direct marketing communications
We will only send you direct marketing communications (either through mail, SMS or email), including offers any news and exclusive offers, promotions, or events, where you have consented to do so.
You may opt-out of receiving direct marketing communications at any time by contacting us or by using opt-out facilities provided in the direct marketing communications.
Does personal information leave Australia?
We store personal information on servers located in Australia. We may disclose your personal information to overseas recipients, such as to our contractors, suppliers, affiliates or agents located outside Australia, in order to provide our products and services and to obtain services for our business. For example, we may disclose your personal information, and your personal information will be stored by, our supplier HubSpot in the United States of America.
How do we protect your personal information?
We will take reasonable steps to ensure that your personal information is protected from misuse, loss and from unauthorised access, modification or disclosure.
Our staff are trained to treat client information with the utmost confidentiality. Our contractors, suppliers, affiliates or agents have contractual arrangements in place with us that require them to comply with applicable privacy laws and our policies. If a contractor, supplier, affiliate or agent is based outside Australia, our contractual arrangements also oblige them to treat personal information transferred to them with the same level of protection as would apply to the information in Australia.
For personal information that is stored in hardcopy or electronically, we have processes in place to ensure that our information systems and files are kept secure from unauthorised access and interference.
However, as the Internet is inherently insecure, we cannot guarantee the security of transmission of personal information you disclose to us online. Accordingly, you transmit your personal information to us online at your own risk.
Please notify us immediately if you become aware of any breach of security.
How long do we keep your personal information?
How can you access and correct your personal information?
You may request access to any personal information we hold about you at any time. We will provide access to that information in accordance with the Privacy Act, subject to any exemptions that may apply. We may charge an administration fee in limited circumstances, for example, if we are required to provide the information which is archived or is of significant size and it will take time to locate the information and provide it to you in an appropriate form.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate then you may request us to amend it by contacting us.
What is the process for complaining about a breach of privacy?
If you have any questions, concerns or complaints about our collection, use, disclosure or management of your personal information, please contact us in writing using the contact details below.
We will make inquiries and your complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner.
If you are unsatisfied with the outcome, we will advise you about further options including, if appropriate, review by the Privacy Commissioner within the Office of the Australian Information Commissioner.
Local exemptions and inconsistency with law
Where laws allow for an exemption to compliance with certain legal obligations (for example, the employee records exemption), we may rely on such an exemption.
How to contact us
If you have a query, concern or complaint about the manner in which your personal information has been collected or handled by us or would like to request access to or correction of the personal information we hold about you, please contact using the details provided below:
You can call or write to us to access your personal information.
Telephone: 1300 026 033
Peak Insight Pty Ltd
Attention: Privacy Officer
Level 2, 501 La Trobe Street
Melbourne VIC 3000
Email address: [email protected]
Last updated: 12 October 2021