PRIVACY POLICY

This Privacy Policy (herein the “Policy”) is current as at 1 March 2019 and may be varied from time to time. For the most recent version of our Policy, please visit http://www.zircom.com.au/Privacy-Policy

1. General
This Policy is in accordance with the Privacy Act 1988 (Cth) and covers how we collect, use, disclose and store your personal information. It also notes how you may access your information and have it corrected, if incorrect. It details:

• why your personal information is being collected, how it will be used and who it will be disclosed to
• how you may ask for access to your personal information;
• whether we will send and how you can stop receiving any unwanted direct marketing;
• how you can ask for your personal information that is incorrect to be corrected
• how you can make a complaint to us, if you consider that we have mishandled your personal information.

This Policy is in place to ensure that your personal information is collected, held and used in an open and transparent way.

2. What kinds of personal information will we collect and hold?
When you enquire about our services or enquire about a business we are selling, we collect information from you that is necessary to be able to provide you with those services and / or information pertaining to any business. For instance, we may ask for identification information such as your name, address and date of birth and contact information (such as phone number and /or email address).

We may also ask you for information pertaining to your business (if you are our client) or information regarding your business structure and other interested parties (directors, shareholders, unitholders, trustees and other relevant parties) if you are enquiring about a potential business purchase from one of our clients.

We will only ask you for personal information which is reasonably necessary and directly related to us providing our services, or which is necessary to ascertain particulars of an entity that may buy one of our client’s businesses, to ensure we are engaging with an authorised party and contracting (for confidentiality purposes) with the correct entity. We may also be required to collect information from you as required by law.

We will only collect information from you with your consent.

3. How will we collect your personal information?
We will collect most personal information directly from you. We may also collect information from you electronically, for instance, when you visit our website.

Information collected when you visit our website will not be personal information (unless you voluntarily provide the same as part of a webpage initiated enquiry as to our services or the purchase of a business from one of our clients).

Sometimes we may, without your express consent, collect personal information about you from other people or from publicly available sources of information such as ASIC or Landgate.

You may also advise your accountants, lawyers or other advisors to provide information to us.

We will only collect personal information by lawful and fair means.

We will not collect information about you from third parties unless you consent to the same or if we are required or authorised by or under an Australian law or a court/tribunal order, to collect the information from someone other than you.

If we receive information about you that we did not request or which was unsolicited, and if the information is not freely available, we will, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified. We will also take such steps as are reasonable in the circumstances (if any) to notify you of the unsolicited information being provided to us.

4. Why your personal information is being collected, how it will be used and who it will be disclosed to.

a) Why is your personal information being collected?
We collect your personal information to assist us with providing our services to you as required from time to time, or provide you with information pertaining to a potential business acquisition by you. We may also be required to collect information from you in accordance with the law, such as (but not limited to) any legislation which applies to our services.

We also collect your personal information to assist us to:

i) determine and / or verify your entity and / or identity;
ii) determine and / or verify your contact details;
iii) understand your financial capacity in relation to buying a business
iv) provide you with information on businesses for sale;
v) assist you with buying a business from one of our clients, including those that may not be related to your initial enquiry with us; and
vi) assess your business for sale and / or market your business for sale, including providing information to potential buyers.

We will not use your information for any other purpose (unless such purpose is reasonably determined by us as a reasonable secondary purpose in accordance with your instructions to us from time to time) without your consent or unless we are required to by law. Such secondary purpose must be related to the primary purpose of us providing the information or our services to you.

b) How will your personal information be used?
We will use your personal information to allow us to:

i) offer our services to you;
ii) facilitate payments from you as agreed;
iii) contact you regarding businesses for sale or services you have requested from us and determine the success of the same;
iv) verify your identity and your contact details;
v) contact you to provide newsletters from us or forward you any newsletters from our affiliates;
vi) contact you in relation to the information and services you have requested from us and answer any queries you may have regarding the same.

If we use any of your personal information for statistical purposes, we will ensure the same is de-identified before being disclosed to any third party.

Your personal information may be used by us for the purposes of contacting you and marketing our client’s businesses for sale and services to you. We will not use your personal information to provide you with marketing material from any third parties, unless otherwise agreed in writing. You may opt out of this at any time.

c) Who will your personal information be disclosed to?
We may share your personal information with our related entities and agents, however only for the purposes of providing the information and our services to you.

Sometimes we may disclose your personal information to organisations outside of our related entities if required. For example, service providers such as insurers and credit reporting bodies. In addition to this, we will only disclose your information to third parties who provide us or you with ancillary services, relevant to any matter you have with us, such as IT service and software providers.

We may also disclose your information to third parties such as buyers or sellers and their authorised agents of the business which we are engaged to sell.

We may disclose your information to other organisations that provide services to us in connection with the services we offer you, such as customer support, payment processing, administration, archival, data storage, hosting, mail and delivery, financial and legal advisory, banking, debt collection, security or technical services and those affiliated with the operation of our website.

d) Do we disclose your personal information overseas?
We may disclose your personal information to recipients located outside Australia, primarily if you are a business seller and the buyer is located outside of Australia. The provision of such information will only relate to information necessary for the provision of our services.

5. How will your personal information be held?

Most of the personal information we hold will be stored electronically in secure data centres and backed up. These data centres are located in Singapore and Sydney. We use a range of security measures to protect the personal information we hold.

Files stored on the cloud in Microsoft 365 and / or Sharepoint are held by those providers in their own data centres which comply with the privacy laws pertaining to their relevant jurisdictions.

Contact information for our clients, potential buyers, sellers and other parties is stored in our Customer Relationship Management (CRM) database software, a cloud-based system that is backed up in SSAE 16- and ISAE 340-compliant data centres in Singapore and Sydney.

We will take all such steps as are reasonable in the circumstances to protect the information:
a. from misuse, interference and loss; and
b. from unauthorised access, modification or disclosure.

6. The option of not identifying yourself, or of using a pseudonym in certain circumstances

You may not use a pseudonym if you wish to enter into an agreement with us or wish for us to provide you with any of our services or information about a business for which we are appointed as an agent to sell, as we are required under an Australian law to deal with individuals who have identified themselves. It would also be impracticable for us to deal with individuals who have not identified themselves or who use a pseudonym.

7. How you may ask for access to your personal information
You can request access to the personal information we hold about you. You can also ask for corrections to be made. To do so, please contact us on the details listed at ‘Contact us’.

We may refuse access to your personal information if we are required or authorised to refuse access (to the extent required or authorised) by or under:

i. the Freedom of Information Act; or
ii. any other Act of the Commonwealth, or a Norfolk Island enactment, that provides for access by persons to documents.

We may also refuse access if:
a. We believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
b. giving access would have an unreasonable impact on the privacy of other individuals;
c. the request for access is frivolous or vexatious;
d. the information relates to existing or anticipated legal proceedings between Us and You, and would not be accessible by the process of discovery in those proceedings;
e. giving access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations;
f. giving access would be unlawful;
g. denying access is required or authorised by or under an Australian law or a court/tribunal order;
h. both of the following apply:
i. We have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in;
ii. giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
i. giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
j. giving access would reveal evaluative information generated by us in connection with a commercially sensitive decision-making process.

Response to Request for Information
We will respond to your request for personal information within a reasonable period after the request is made and give access to the information in the manner requested by you, if it is reasonable and practicable to do so.

Should we be unable to provide the information requested by you in the manner requested by you, we will take steps as are reasonable in the circumstances to give access in a way that meets your needs or through a mutually agreed intermediary if appropriate.

Access Charges
We will not charge you to make a request for personal information, however we may charge you for giving access to the information and for administrative costs in obtaining and providing the personal information. These costs will not be excessive and we will provide you with an estimation of these costs upon response to your request for the personal information.

Refusal to Give Access
If we refuse your request for access to your personal information, we will provide you with written notice setting out:
a. the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and
b. the mechanisms available to complain about the refusal; and
c. any other matter prescribed by the regulations.

We will also, where applicable and where possible, include an explanation for the commercially sensitive decision to refuse access.

8. Do we use or disclose personal information for marketing?
We may use your personal information to contact you to inform you of businesses we have for sale and services that we believe may interest you.

Opting In or Out of Direct Marketing

If you do not wish to receive marketing offers from us or opt out of marketing offers please contact us via the ‘Contact Us’ link on our website at http://www.zircom.com.au/. You may change your preference at any time and any direct marketing provided to you will include details on how to remove your name from our marketing list.

9. How you can ask for your personal information that is incorrect to be corrected
We must take steps to ensure as far as reasonable in the circumstances, that the personal information we collect, use and disclose is accurate, relevant, up-to-date and complete.

If we hold any information about you that we or you believe is inaccurate, out of date, incomplete, irrelevant or misleading, we will take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.

If you request that we notify other entities of the correction of your information (if we had previously disclosed such information to the said entity), we will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.

Refusal to correct information
We may refuse to correct your information. If we refuse to correct your personal information, we will provide you with a written notice detailing:
a. the reasons for the refusal except to the extent that it would be unreasonable to do so; and
b. the mechanisms available to complain about the refusal; and
c. any other matter prescribed by the regulations.
If we refuse to correct your personal information as requested by you and you request we associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, then we will take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.

Response to Request for an Amendment to Your Information
We will respond to your request for personal information to be amended within a reasonable period after the request is made and give access to the information in the manner requested by you, if it is reasonable and practicable to do so.

Access Charges
We will not charge you to make a request to amend your personal information and we will not charge you to make the said amendments to your personal information.

10. How you can make a complaint to us, if you consider that we have mishandled your personal information.
If you are concerned about how your personal information is being handled or if you would like to make a complaint, please contact us on the details listed at ‘Contact us’.

If you are unhappy with our response, we will provide you with details of the agencies to which you can direct your further concerns.

 11. Contact us
You can contact us by:

Calling: (08) 9409 2266
Emailing: enquiry@zircom.com.au
Writing to: PO Box 3068 Kingsley WA 6026 Australia

Our Privacy Officer can also be contacted in relation to privacy concerns by writing to Catherine Jones.