Privacy Policy

XForce Privacy Policy

  1. About this Policy

Ausfeng Pty Ltd (ACN 096 885 675) t/as XForce (XForce) (‘we’, ‘us’, ‘our’) understands the importance of, and is committed to, protecting your personal information. We comply with the Privacy Act 1988 (Cth) (Privacy Act). We are bound by the Australian Privacy Principles (APPs) which regulate how we may collect, use, disclose and store personal information, and how our users, clients and suppliers (‘you’) may access and correct personal information we hold about you. If we collect your personal information through our mobile apps, to the extent we are required to do so, we will comply with the privacy laws of the country in which you use the apps.

This Privacy Policy takes into account the requirements of the Privacy Act 1988 (Cth). In addition to the Australian laws, individuals located in the European Union or European Economic Area (EU) may also have rights under the General Data Protection Regulation 2016/679 and individuals located in the United Kingdom (UK) may have rights under the General Data Protection Regulation (EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018) (together, the GDPR). Appendix 1 outlines the details of the additional rights of individuals located in the EU and UK as well as information on how we process the personal information of individuals located in the EU and UK.

Purpose

The purpose of this privacy policy is to:

  • clearly communicate how we deal with personal information
  • enhance the transparency of XForce’s operations
  • give a better and more complete understanding of the sort of personal information that XForce holds, and the way we handle that information.

Changes to this privacy policy

We may change this privacy policy from time-to-time. The updated privacy will be posted on our website, with the date of the update shown.

Who to contact

If you have any questions, concerns or complaints about this privacy policy, or our use of your personal information, please contact the Privacy Officer using the contact details provided below.  You can also contact the Privacy Officer if you believe that the privacy of your personal information has been compromised or is not adequately protected.

Once a complaint has been lodged, the Privacy Officer will respond to you as soon as possible.

You may also lodge a complaint with the Office of the Australian Information Commissioner by telephone: 1300 363 992 or email: [email protected]

  1. Information we collect about you

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

The types of personal information we may collect about you include:

  • Identity Data including your name, age, profession, photographic identification, marital status, pronouns, and gender.
  • Contact Data including your telephone number, address and email.
  • Financial Data including bank account and payment card details (through our third party payment processor, who stores such information and we do not have access to that information).
  • Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.
  • Technical and Usage Data when you access any of our websites or platforms, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies or analytics), and communications with our website.
  • Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events.
  • Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
  • Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.
  • Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. We do not actively request sensitive information about you. If at any time we need to collect sensitive information about you, unless otherwise permitted by law, we will first obtain your consent and we will only use it as required or authorised by law

We may combine your personal information above with sensitive information and other information about you, for example:

  • if you login to or purchase goods on our website we may collect details about you, your user name, site usage and goods and services you may be interested in;
  • if you request information from us (for example about a product or service) or register a complaint, we collect information about your request or complaint;
  • if you enter a promotion or competition, attend an event or enquire about XForce, we may collect your contact details so that we can follow up on your enquiry or interest by sending you marketing material.

We record this information (personal information) in our database whilst we deal with you. We will remove this information from our database when we have no further need to keep a record of it, except if we are required to keep it by law.

If you access an unsecured part of our website, that is, a public page that does not require you to log on, we (or our service providers) may collect information about your visit, such as:

  • the time and date of the visit
  • any information or documentation that you download
  • your browser type
  • your IP address
  1. How we collect information about you

How do we collect personal information?

Generally, we collect personal information directly from you or through your use of any of our apps. We may record your contact details when you call us, when you register and login to our website, when you send us an SMS/MMS, when you use our apps, when you purchase a product or service, when you fill out an application form, a warranty request or a credit application form, when you participate in a transaction, when you provide your contact details via web, mobile or email or when you ask us for information or request something from us.  If you use any of our apps, we may collect your preferences for the app, including global position and other GPS data, as well as the diagnostic logs so that you may gain the full use and application of our apps or for fault rectification and diagnostic purposes.

Sometimes we may collect personal information about you from another person or business, or from a publicly available source. For example:

  • personal information which we obtain from others (including our service providers, websites, social media sites, mobile and other technology based sources);
  • from a friend or someone who refers our projects, products and services to you;
  • we may get your details from a publicly released register;
  • if you enter a promotion or competition organised by us, we may be given your name and contact details by the promoter of the event.

We use lawful and fair means to collect your information. We will collect personal information about you from another person or from a publicly available source only if it is unreasonable or impracticable to collect it directly from you, and we will take reasonable steps to inform you that we have collected your personal information. Those reasonable steps may include informing you through this privacy policy.

Unsolicited information

If we receive personal information about you that we have not requested, and if we determine that we could not have lawfully collected that information under privacy law had we requested it, we will destroy or de-identify the information, if it is lawful and reasonable to do so. If we collect your personal information in an unsolicited manner, we take reasonable steps to inform you of such collection and also how we use, disclose and secure your personal information. Such reasonable steps may include referring you to this privacy policy.

  1. Do you have to provide us with your personal information?

You can deal with us anonymously (without giving us your name and contact details) or by using a pseudonym (a name that does not include your real name, for example an email address or a user name that you use in an online forum (nickname).

If you choose to deal with us anonymously or using a nickname, we can give you general information about our products and services, but there are some things we cannot do, for example:

If you do not give us your personal information, we cannot give you information about your dealings with us, deal with a complaint you may have, provide you with a service or deliver a product or service to you at an address, provide any diagnostic assessment or trouble shoot any issues that you may encounter with our products and you cannot enter into any competitions or promotions anonymously or using a nickname that we conduct.

You can deal with us using a nickname together with your real name and contact details. If you choose to deal with us in this way, we may collect your personal information together with your nickname. We may ask you to provide proof of your identity if you use a nickname.

  1. Why we collect personal information about you (purpose of collection)

We collect and record personal information about you so that we can carry out our functions and activities described above. The primary purposes for which we collect your personal information include:

  • to provide products and services to you;
  • to unable you to access and use our app, including to provide you with a login;
  • to do business with you, including to dispatch and deliver our products to you;
  • to provide you with news, information or advice about our existing products and services;
  • to communicate with you including by email, mail or telephone, including in response to any support requests you lodge with us or other enquiries you make with us;
  • to manage and enhance our products and services;
  • to personalise and customise your experience;
  • to provide you with access to any protected areas of our websites;
  • to conduct competitions or promotions with or without selected third parties;
  • to verify your identity;
  • for analytics, market research and business development, including to operate and improve our business and associated applications;
  • to provide that information as part of business data to third parties if you have authorised us to do so;
  • to conduct business processing functions for operation of our website or our business;
  • for our administrative, invoicing, internal record keeping, billing, advertising, marketing (including direct marketing), promotional, planning, project/product/service development, quality control and research purposes, or those of our contractors or external service providers;
  • to provide your updated personal information to us, our contractors, external service providers or end-users in the case of identification of authorised fitters and XForce dealers;
  • to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity; and/or
  • to comply with our legal obligations or if otherwise required or authorised by law (including the Privacy Act).

We may also collect your personal information for certain secondary purposes that are related to the primary purposes outlined above. Secondary purposes may include so that we can run our business efficiently, for example, so that our advisors can provide us with customer research, or so that we can use technology to automate our business and to understand how our business is performing, to allow us to operate efficiently and to lower costs by outsourcing services (such as collecting or paying money) and making our processes more efficient. Other secondary purposes may include so that we can sell or transfer our business or merge with another business.

  1. Use of geolocation data

We collect your precise or approximate location via our mobile application for the following purposes:

  • to generate routes and improve routes via the data collected;
  • to allow our client to access order location in real time;
  • for security and safety;
  • to prevent and detect fraud; and
  • as permitted by law.

We collect this information when you enable our mobile application to use your device’s location services. If you do not want us to use your location for the purposes above, you should turn off the location services in your account settings in the mobile application or] in your mobile phone settings. If you do not provide geolocation data to us, we may not be able to provide our Services to you.

  1. Our disclosures of personal information to third parties

We may disclose personal information to:

  • our employees, contractors and/or related entities;
  • IT service providers, data storage, web-hosting and server providers;
  • marketing or advertising providers;
  • delivery or logistics providers who deliver our goods to you;
  • professional advisors, bankers, auditors, our insurers and insurance brokers;
  • payment systems operators or processors;
  • our existing or potential agents or business partners;
  • sponsors or promoters of any promotions or competition we run;
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
  • courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • third parties to collect and process data, such as analytics providers and cookies; and
  • any other third parties as required or permitted by law, such as where we receive a subpoena.

Google Analytics: We have enabled Google Analytics Advertising Features. We and third-party vendors may use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together. These cookies and identifiers may collect Technical and Usage Data about you.

You can opt-out of Google Analytics Advertising Features including using a Google Analytics Opt-out Browser add-on found here. To opt-out of personalised ad delivery on the Google content network, please visit Google’s Ads Preferences Manager here or if you wish to opt-out permanently even when all cookies are deleted from your browser you can install their plugin here.  To opt out of interest-based ads on mobile devices, please follow these instructions for your mobile device: On android open the Google Settings app on your device and select “ads” to control the settings. On iOS devices with iOS 6 and above use Apple’s advertising identifier. To learn more about limiting ad tracking using this identifier, visit the settings menu on your device.

To find out how Google uses data when you use third party websites or applications, please see here.

  1. Overseas Disclosure

Disclosure overseas

We may disclose your personal information to an overseas service provider, a cloud data centre or a customer information call centre. Our overseas service providers may be located in the United States of America or another country. You may contact us at any time to determine where the recipients of such personal information are located overseas via the above contact details.

If it is not practicable or reasonable for us to gain your consent to disclose your personal information to an overseas service provider, we will take reasonable steps to notify you of the specific countries where we disclose your personal information. We will take reasonable steps to ensure that the overseas services provider is bound by privacy and confidentiality obligations.

  1. Your rights and controlling your personal information

Your choice

Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to do business with you.

Email

When we receive emails, we will retain the content of the email and our response to you where we consider it necessary to do so. Your email address will only be used or disclosed for the purpose for which it was provided. It will not be added to any mailing lists or used for any other purpose without your consent.

Restrict and unsubscribe

To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access to your personal information

You may request access to the personal information that we hold about you by using the contact details provided above. We will deal with your request for such access within a reasonable time. If we refuse access, we will provide you with a written notice which sets out the reasons for the refusal and the relevant provisions of the Privacy Act that we rely on to refuse access.

We may charge you for the reasonable costs incurred in relation to providing you with access to your personal information pursuant to a request from you.

Accuracy and correction

We take reasonable steps to make sure that the personal information we use and collect is accurate, up-to-date and complete. Where we believe that the personal information we hold is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information.

Where we believe that the information we hold is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information and to notify that correction to third parties at your request. You may also request that we correct personal information that we hold about you, by using our contact details above.

We will take reasonable steps to correct the information within a reasonable time. However, if we do not agree with the corrections you have requested, we are not obliged to alter your personal information, but we will give you a written notice which sets out the reasons for our refusal, the mechanisms available to complain about the refusal and the relevant provisions of the Act that we rely on to refuse correction. You can also ask us to associate a statement with the relevant information that puts your view that it is inaccurate, out-of-date, incomplete, irrelevant or misleading. We will not charge you for making a correction request, for correcting your information or for associating a statement with your information.

Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

Complaints

If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

  1. Security

If we hold your personal information in paper-based and electronic files, we will take reasonable steps to ensure that your personal information which is kept in our files is protected from:

  • misuse, interference and loss
  • unauthorised access, modification or disclosure

This means that, in respect of our paper-based files, we maintain various security systems on our premises, and in respect of electronic files, we (or our service providers) maintain secure electronic network systems. While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

When we no longer require your personal information (including when we are no longer required by law to keep records relating to you), we ensure that it is destroyed or de- identified.

  1. Cookies

A “cookie” is a small text file which is placed on your internet browser and which we access each time you visit our website. When you visit the secured pages of our website (i.e. pages that you have to provide login details to access) we may use cookies for security and personalisation purposes from time to time. When you visit the unsecured pages of our website (i.e. public pages that you can access without providing login details) we may use cookies to obtain information about how our website is being used.

Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website. You may change the settings on your browser to reject cookies; however doing so will prevent you from access to the secured pages of our website.

We use the following cookies:

  • Strictly necessary cookies. These are cookies that are required for the operation of our online Services. They include, for example, cookies that enable you to log into secure areas of our online Services, use a shopping cart or make use of online payment services.

 

  • Analytical/performance cookies. These are cookies that allow us to recognise and count the number of visitors to our online Services and to see how visitors move around our online Services when they are using them. This helps us to improve the way our online Services work, for example, by ensuring that users find what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our online Services. These cookies enable us to personalise our content for you and remember your preferences (for example, your choice of language or region).
  • Targeting and advertising cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
  • Social media cookies. These cookies are used when you share information using a social media sharing button or “like” button on our websites or you link your account or engage with our content on or through a social media site. The social network will record that you have done this. This information may be linked to targeting/advertising activities.

You can find more information about the individual cookies we use, their category, and the purposes for which we use them in the table below:

Cookie Category Purpose
Currency Functionality This cookie stores the currency used for the online Services ([insert currency])
Language Functionality This cookie stores the language used for the online Services ([insert languages])
PHPSESSIONID Analytical/ performance This cookie contains a unique ID to support functions (for example, last viewed pages) to improve user experience
newsbcsub Functionality This cookie is stored once the user has completed or closed the Register Pop Up, preventing it from re-appearing until after 7 days
TLSCookiesEU Strictly necessary This cookie tracks when a user has accepted that the online Services use cookies preventing the popup from being displayed again during that session
_ga / _gid / _gat Analytical/ performance These cookies are used by our Google Analytics account to track customer traffic through the website to help us understand how our website is being used by our users
[insert] [Insert e.g. Targeted and Advertising cookies] [Insert]

We may, at any time and at our discretion, vary this Cookie Policy by publishing the amended Cookie Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Cookie Policy.

 

  1. Links to other websites

Our website may contain links to third party websites. We advise that the terms of this privacy policy do not apply to external websites. If you wish to find out how any third parties handle your personal information, you will need to obtain a copy of their privacy policy.

  1. Marketing

If you select ‘Yes’ on our website when indicated as to whether or not you would like to receive marketing information then, we may use your personal information, including your contact details, to provide you with information about products and services, including those of third parties, which we consider may be of interest to you.  These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth).  If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.  If you receive marketing communications from us, you may contact us to provide you with details of how we obtained your personal information. You may also opt-out of receiving marketing communications from us by contacting us or by using the opt-out facilities provided (e.g. an unsubscribe link, single word instruction or verbally during a direct marketing phone call). We will then ensure that your name is removed from our mailing list.

If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us using the contact details set out in section 1 above.

For any questions or notices, please contact us at:

XForce Privacy Officer

Tel: +61 29773 0812

Fax: + 61 2 97731062

Email: [email protected]

Mail: PO Box 87, Milperra , NSW 2214, Australia.

Last update: 8 June 2023

 

 

APPENDIX 1: ADDITIONAL RIGHTS AND INFORMATION FOR INDIVIDUALS LOCATED IN THE EU OR UK

 

Under the GDPR individuals located in the EU and the UK have extra rights which apply to their personal information. Personal information under the GDPR is often referred to as personal data and is defined as information relating to an identified or identifiable natural person (individual). This Appendix 1 sets out the additional rights we give to individuals located in the EU and UK, as well as information on how we process the personal information of individuals located in the EU and UK. Please read the Privacy Policy above and this Appendix carefully and contact us at the details at the end of the Privacy Policy if you have any questions.

What personal information is relevant?

This Appendix applies to the personal information set out in the Privacy Policy above. This includes any Sensitive Information also listed in the Privacy Policy above which is known as ‘special categories of data’ under the GDPR.

Purposes and legal bases for processing

We collect and process personal information about you only where we have legal bases for doing so under applicable laws. We have set out below, in a table format, a description of all the ways we plan to use your personal information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your data. Please reach out to us if you need further details about the specific legal ground, we are relying on to process your personal information where more than one ground has been set out in the table below.

Purpose of use / disclosure

Type of Data

Legal Basis for processing

To assess whether to take you on as a new client, including to perform anti-money laundering, anti-terrorism, sanction screening, fraud and other background checks on you.
·   Identity Data
·   Contact Data
·   Background Verification Data
·   Performance of a contract with you
·   To comply with a legal obligation
·   Public interest
·   Legitimate interests: ensuring we do not deal with proceeds of criminal activities or assist in any other unlawful or fraudulent activities for example terrorism
To do business with you, including to dispatch and deliver our products to you and manage your enquiries.
·   Identity Data
·   Contact Data
·   Performance of a contract with you
To contact and communicate with you about our business including in response to any support requests you lodge with us or other enquiries you make with us.
·   Identity Data
·   Contact Data
·   Profile Data
·   Performance of a contract with you
To contact and communicate with you about any enquiries you make with us via our website.
·   Identity Data
·   Contact Data
·   Legitimate interests: to ensure we provide the best client experience we can offer by answering all of your questions.
For internal record keeping, administrative, invoicing and billing purposes.
·   Identity Data
·   Contact Data
·   Financial Data
·   Transaction Data
·   Performance of a contract with you
·   To comply with a legal obligation
·   Legitimate interests: to recover debts due to us and ensure we can notify you about changes to our terms of business and any other administrative points.
For analytics including profiling on our website, market research and business development, including to operate and improve our business, associated applications and associated social media platforms.
·   Profile Data
·   Technical and Usage Data
·   Legitimate interests: to keep our website updated and relevant, to develop our business, improve our business and to inform our marketing strategy
For advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you.
·   Identity Data
·   Contact Data
·   Technical and Usage Data
·   Profile Data
·   Marketing and Communications Data
·   Legitimate interests: to develop and grow our business
To run promotions, competitions and/or offer additional benefits to you.
·   Identity Data
·   Contact Data
·   Profile Data
·   Interaction Data
·   Marketing and Communications Data
·   Legitimate interests: to facilitate engagement with our business and grow our business
If you have applied for employment with us, to consider your employment application.
·   Identity Data
·   Contact Data
·   Professional Data
·   Legitimate interests: to consider your employment application
To comply with our legal obligations or if otherwise required or authorised by law.
·   To comply with a legal obligation

 

If you have consented to our use of data about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your data because we or a third party have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer doing business with us. Further information about your rights is available below.

Data Transfers

The countries to which we send data for the purposes listed above may be less comprehensive that is what is offered in the country in which you initially provided the information. Where we transfer your personal information outside of the country where you are based, we will perform those transfers using appropriate safeguards in accordance with the requirements of applicable data protection laws and we will protect the transferred personal information in accordance with this Privacy Policy and Appendix 1. This includes:

  • only transferring your personal information to countries that have been deemed by applicable data protection laws to provide an adequate level of protection for personal information; or
  • including standard contractual clauses in our agreements with third parties that are overseas.

Data retention

We will only retain your personal information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain 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.

Extra rights for EU and UK individuals

You may request details of the personal information that we hold about you and how we are process it (commonly known as a “data subject request”). You may also have a right in accordance with applicable data protection law to have your personal information rectified or deleted, to restrict our processing of that information, to object to decisions being made based on automated processing where the decision will produce a legal effect or a similarly significant effect on you, to stop unauthorised transfers of your personal information to a third party and, in some circumstances, to have personal information relating to you transferred to you or another organisation.

If you are not happy with how we are processing your personal information, you have the right to make a complaint at any time to the relevant Data Protection Authority based on where you live. We would, however, appreciate the chance to deal with your concerns before you approach the Data Protection Authority, so please contact us in the first instance using the details set out above in our Privacy Policy above.

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