We respect your privacy and we’re committed to protecting the privacy of the personal data you give us. This Privacy Policy is a statement of this commitment – if you have any questions regarding how we deal with your personal data, we would be delighted to speak with you at any time.

When we, our or us is used in this Privacy Policy, it means XENON Systems Pty Ltd (ACN 074 339 316). When we refer to Site, we mean our website and all other means through which we may collect personal data online and offline.

Personal data

The types of personal data we may collect about you includes:

  • Identity Data such as your first name and last name.
  • Contact Data such as your 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 an internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform on the devices you use to access the Site.
  • Profile Data such as purchases or orders made by you, your interests, 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 our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data. Aggregated Data may be derived from your personal data but it is data that is aggregated and anonymised. While Aggregated Data is not considered personal data because it is anonymised, if we ever combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

We may collect these types of personal data directly from you or from third parties.

How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact and Financial Data by completing a webform, a hard copy form or making a purchase with us via email or over the phone, or by otherwise corresponding with us by phone, email or otherwise. This includes personal data you provide when you:
    • enquire about, or engage us to provide our products or perform our services;
    • provide us with feedback.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Further information on how we use cookies is set out below in this Privacy Policy.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
    • Technical Data from the following parties analytics providers, advertising networks and search information providers such as Google based outside the European Union (EU); and
    • Contact, Financial and Transaction Data from providers of technical, payment and delivery services based outside the EU.

How we use your personal data?

We may collect, hold, use and disclose personal data for the following purposes:

  • to enable you to access and use our Site and associated applications;
  • to contact and communicate with you;
  • for internal record keeping and administrative purposes, invoicing and billing purposes;
  • for analytics, market research and business development, including to operate and improve our Site and associated applications;
  • to run competitions and/or offer additional benefits to you;
  • for advertising and marketing, including to send you promotional information about our products and services or our related entities’ or partner’s products and services;
  • to comply with our legal obligations and resolve any disputes that we may have; and
  • if you have applied for employment with us, to consider your employment application.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that other reason is compatible with the original purpose.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. If you originally consented to the original purpose of our use of your personal data, you may withdraw your consent to our use of your personal data for the unrelated purpose.

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

Disclosure of personal data to third parties

We may disclose personal data to:

  • third party service providers for the purpose of enabling them to assist us in providing our services to you, including (without limitation) data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors;
  • our employees, contractors and/or related entities;
  • our existing or potential agents or business partners;
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for products or services we have provided to you;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you; and
  • third parties to collect and process data, such as Google Analytics. This may include parties that store data outside of the EU and outside of Australia.

The countries to which we send data for the purposes listed above may not have the same data protection laws as the country in which you initially provided the information. If we transfer your personal data to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred personal data in accordance with this Privacy Policy. Please see below for further information on international transfers of personal data.

International transfers

Some of our third party service providers are based outside the EU or Australia, so their processing of your personal data will involve a transfer of data outside your home country.

By providing us with personal information, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy law. You acknowledge that some overseas third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.

Transfer outside the EU: Where you reside in the EU, and we transfer your personal data out of the EU, we will ask you for your consent that you agree we can transfer your personal data overseas and that you are aware of the risks.

Alternatively, we will ensure that at least one of the following safeguards is implemented:

Please contact us for further information on the specific mechanism used by us when transferring your personal data out of the EU.

How we treat personal data that is also sensitive information?

Sensitive information is a sub-set of personal data 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, sexual practices or sex life, criminal records, health information or biometric information.

We do not currently collect your sensitive information. However, if we do collect your sensitive information, provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was collected.

Sensitive information may also be used or disclosed if required or authorised by law.

Our commitment to you

Your personal data will be:

  • processed lawfully, fairly and in a transparent manner by us;
  • collected only for the specific purposes we have identified in the ‘collection and use of personal data’ clause above and personal data will not be further processed in a manner that is incompatible with the purposes we have identified unless required by law;
  • collected in a way that is adequate, relevant and limited to what is necessary in relation to the purpose for which the personal data is processed;
  • kept up to date, where it is possible and within our control to do so (please let us know if you would like us to correct any of your personal data);
  • kept in a form which permits us to identify you, but only for so long as necessary for the purposes for which the personal data was collected; and
  • processed securely and in a way that protects against unauthorised or unlawful processing and against accidental loss, destruction or damage.

Data retention

How long will we use your personal data for?

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

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

In some circumstances you can ask us to delete your data: see ‘access, erasure and data portability’ below for further information.

In some circumstances we may anonymise your personal data (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.

Your rights and controlling your personal data

Choice and consent: Please read this Privacy Policy carefully. By providing personal data to us, you consent to us collecting, holding, using and disclosing your personal data in accordance with this Privacy Policy. If you are under 16 years of age, you must have; and warrant to the extent permitted by law to us that you have, your parent or legal guardian’s permission to access and use the Site and they (your parents or guardian) have consented to you providing us with your personal data. You do not have to provide personal data to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

Information from third parties: If we receive personal data about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal data about somebody else, you represent and warrant that you have such person’s consent to provide the personal data to us.

Anonymity: Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.

Unsubscribing: To 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.

Objecting to processing: You have the right to object to processing of your personal data that is based on our legitimate interests. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights and freedoms, in order to proceed with the processing of your personal data.

Access, erasure and data portability: You may have the right to request details of the personal data we hold about you, or to request that we erase the personal data we hold about you, or that we transfer this information to a third party.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

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 to deal with your complaint. You also have the right to contact the Office of the Australian Information Commissioner if you wish to make a complaint and you may also have the right to make a complaint to the relevant authority in the country in which you are based.

Storage and security

We are committed to ensuring that the personal data we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures such as the pseudonymisation and encryption of personal data, to safeguard and secure personal data and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

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. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal data we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do 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 Site with personal data, 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 site.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

We may use Google Analytics to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.

Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal data which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy. We will notify you if we amend this Privacy Policy, by contacting you through the contact details you have provided to us. Any amended Privacy Policy is effective once we notify you of the change.

For any questions or notices, please contact our Privacy Officer at:

XENON Systems Pty Ltd
10 Westall Road, Clayton South, Victoria, 3169, Australia
Email: info@xenon.com.au
Last update: 29 January 2019
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