Kong's Privacy Policy

Kong’s (Aust.) Pty Limited (ACN 050 291 766) and its related bodies corporate (we, our, us) recognise the importance of protecting the privacy rights of the individual (you or your) in relation to their personal information. This document is our privacy policy and explains how we collect, manage and disclose your personal information. We respect to your rights under the Privacy Act and we comply with all of the Privacy Act’s requirements in respect of the collection, management and disclosure of your personal information. For the purposes of the privacy policy, a reference to ‘including’ or ‘for example’ means including or for example without limitation.

APP 1-Open and transparent management of personal information

This document outlines Kong’s (Aust.) Pty Ltd approach to the Australian Privacy Principles. It is Kong’s (Aust.) Pty Limited aim to manage personal information in an open and transparent way and comply with the APP Privacy Policy.

Enquiries, requests and complaints about breaches of the policy should be addressed in writing, please refer to “Complaints about a breach of privacy” below.

APP 2-Anonymity and pseudonymity

Individuals must have the option of not identifying themselves, or of using a pseudonym, when dealing with us in relation to a particular matter such as enquiring about our product and services.

The above section does not apply if  we are required or authorised by or under an Australian law, or a court/ tribunal order, to deal with individuals who have identified themselves; or

It is impracticable for us with individuals who have not identified themselves or who have used a pseudonym.

APP 3- Collection of solicited personal information

Your information

In this Privacy Policy, personal information and sensitive information have the meaning defined in the Privacy Act. In general terms:

(i)       Personal information is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

(ii)      Sensitive information is your health, genetic and biometric information and includes any of your personal information about race or ethnicity, political opinions/association, philosophical or religious beliefs/association, trade association or union membership, sexual orientation/practices or criminal record.

We may collect the following types of personal information:

(i)       Name, address, email address, telephone number, facsimile number, age or birth date

(ii)      Occupation or Job title

(iii)     Details of products and services which you have enquired about, together with any additional information necessary to deliver those products and services or to respond to your enquires

(iv)     Any additional information relating to you that you provide to us directly through our websites or indirectly through use of our websites or online presence, through our representatives or otherwise

APP4- Dealing with unsolicited personal information

Where we receive information that we have not requested (“unsolicited information”), we will determine whether that information is reasonably necessary for our functions or activities. If it is, we will handle the information in the same way that we handle information we have requested. If not, we will take steps to destroy or de-identify the information.

APP5- Notification of the collection of personal information

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. We may collect personal information in a number of ways including:

(i)       Through your access and use of our websites

(ii)      During conversations between you and your organisation and our representatives

(iii)     When you or your organisation submit to is a document containing personal information (for example, emails, contact forms, order forms, account applications, promotional form, credit card authorisation form, etc)

We may also collect personal information from third parties including:

(i)       From credit reporting agencies

(ii)      From law enforcement agencies and other government entities

(iii)     from agents, dealers and subcontractors that form part of our sales and/ or service network

Cookies-We use common internet technologies, such as cookies, to collect general statistical information on visitors to our websites. Cookies are also used to assist you in your use of our online facilities. We do not collect personal information from cookies or use cookies for marketing purposes. We collect generalised statistics on web pages visited (including time, date and number of “hits”) but do not record personal details of visitors to our websites.

If you do not wish to receive cookies, you can set your browser so that your internet enabled device does not accept them.

APP 6- Use or disclosure of personal information

Purposes for which we collect, hold, use and disclose personal information

We collect personal information about you so that we can perform our business activities and functions and to provide best possible quality of customer service.

We collect, hold, use and disclose your personal information for the following purposes:

(i)       to provide products and services to you and/or your organisation and to send communications requested by you or your organisation

(ii)      to answer enquiries and provide information or advice about existing and new products or services

(iii)     to assess and improve the performance, operation and relevant of our websites

(iv)     to perform business processing functions including providing personal information to our related bodies corporate, contractors, service providers or other third parties

(v)      to process and respond to any complaint made by you

(vi)     for the marketing (including direct marketing), planning, product or service development, quality control and research purposes of Kong’s (Aust.) Pty Ltd, its related bodies corporate, contractors or service providers

(vii)    to update our records and keep your contact details up to date (including updating the records of our contractors)

(viii)   if we determine that it is reasonably necessary to:

i.          comply with any law, rule, regulation, binding determination, decision or direction of a regulator or in co–operation with any governmental authority of any country, for example, the Anti–money laundering legislation

ii.          protect any person from death or serious bodily injury

iii.          protect our rights

Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.

Consent

From time to time we may seek your consent to a particular proposed collection, handling, use and disclosure of your personal information. If we decide to bundle multiple requests for your consent, you may withhold your consent to any or all such requests.

If you have consented to a particular purpose for our use and disclosure of your personal information, then we may rely on your consent until you withdraw your consent or until we become aware of a material change of circumstances. You may withdraw your consent by contacting our representative to whom you originally gave your consent or by contacting our Privacy Officer via the details specified in Section  ‘How to contact us’ below.

Your refusal to, or withdrawal of, consent may affect our ability to provide (to the same standard or at all) products, services or communications to you and/or your organisation subject to the relevant consent.

Disclosure of personal information by us

We may disclose your personal information to our related bodies corporate and to various third party organisations. Except as permitted under the Privacy Law, we will only disclose your personal information for one of the purposes set out in this Privacy Policy.

These third party organisations include:

(i)       any third party organisations involved in our sales and support network, for example:

i.          our authorised sales agents

ii.          our authorised service providers and subcontractors (for example, delivery services providers)

(ii)      any third party organisations involved in our business processing functions, for example:

i.          credit reporting bodies

ii.          debt collection providers

(iii)     any third party organisations involved in the operation, hosting and management of our information technology infrastructure (including our website), for example:

i.          web hosting providers

ii.          IT systems administrators

iii.          electronic network administrators

(iv)     any third party professional advisors, for example, accountants, solicitors, business advisors and consultants

(v)      any third party organisations that perform advertising or marketing related services on our behalf, for example, advertising agencies

(vi)     suppliers and other third parties with whom we have commercial relationships for business related purposes

(vii)    any third party organisation if we determine that it is reasonably necessary to:

i.          comply with any law, rule, regulation, binding determination, decision or direction of a regulator or in co–operation with any governmental authority

ii.          protect any person from death or serious bodily injury

iii.          protect our rights

(viii)   (in addition to the above examples) any other third party organisation expressly authorised by you

We may combine or share any personal information that we collect from you with personal information collected by any of our related bodies corporate or by any organisations within our authorised sales and support network.

We will not disclose any sensitive information to third parties, except to third party organisations that have authorised our collection of such information on their behalf.

APP 7 - Direct Marketing Materials

We may collect, hold, use and/or disclose your personal information (other than sensitive information) to send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including (without limitation) mail, fax and email, in accordance with applicable marketing laws.

At any time you may opt–out of receiving marketing communications from us by using the opt–out facilities specified in our direct marketing communications or by using the contact details in Section ‘How to contact us’ below. We will then ensure that your details are removed from the relevant marketing contact list you have elected to opt–out of.

We do not provide your personal information to other organisations for the purposes of direct marketing.

APP8- Cross-Border Disclosure of Personal Information

Your personal information may be disclosed to or accessed by our related bodies corporate and third party organisations (for example, service providers) located outside of Australia for some of the purposes specified in this Privacy Policy.

We may disclose your personal information in any of the following circumstances:

(i)       to an overseas recipient if we have taken reasonable steps (for example, entered into a contract) to ensure that the recipient entity does not breach our privacy obligations relating to your personal information;

(ii)      to an overseas recipient that is subject to a law or binding scheme that is comparable to the Privacy Act  and you have the ability to enforce the law or binding scheme; or

(iii)     to an overseas recipient if we have received your express and informed consent before doing so.

Overseas recipients will be located in the United Kingdom, New Zealand, China, or in any country that we disclose to you beforehand. As is expected of a global marketplace, overseas recipients may store data in other countries.

We may also make your personal information accessible to our related bodies corporate and third party organisations located in the countries specified above or in other countries to handle or undertake a specific activity within our effective control (for example, IT or cloud storage service providers).

APP9- Use or Disclosure of Government Related Identifiers

We must not use or disclose a government related identifier of an individual unless:

(i)       the use or disclosure of the identifier is reasonably necessary for us to verify the identity of the individual for the purposes of the organisation’s activities or functions; or

(ii)      the use or disclosure of the identifier is reasonably necessary for us  fulfil its obligations to an agency or a State or Territory authority; or

(iii)     the use or disclosure of the identifier is required or authorised by or under an Australian law or a court/tribunal order; or

(iv)     a permitted general situation exists in relation to the use or disclosure of the identifier; or

(v)      we reasonably believes that the use or disclosure of the identifier is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

APP10 - Quality of Personal Information

We rely on the personal information we hold in conducting our business. Therefore, it is very important that the information we hold is accurate, complete and up-to-date. This means that, from time to time, we will ask you to tell us if there are any changes to your personal information. If you find that information we hold about you is incorrect, please contact us immediately and we will correct it.

APP 11-Security of personal information

We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. We may hold your information in either electronic or hardcopy form. Personal information is destroyed or de–identified when no longer needed.

When you supply information via the internet, all information you submit is held securely and is not retained on our web servers. Other information held on our systems cannot be accessed through the internet connection.

As our websites are linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information communicated online and in particular cannot guarantee that the information will not be intercepted while being transmitted over the internet.

Our websites may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.

APP 12 & APP 13-Accessing and correcting personal information

With respect to any personal information we hold about you, you may request that we:

(i)       provide you with access to the personal information; and/or

(ii)      amend personal information that you believe is inaccurate, outdated, incomplete, irrelevant or misleading.

We will take all reasonable steps to comply with such requests.

Requests for access or correction should be made by using the contact details specified in Section ‘How to contact us’ below.

To enable us to review and respond to requests in a timely manner, your request should contain the following details (as a minimum):

Your full legal name and contact telephone number

(i)       a description of the personal information you are requesting to access and/or correct

(ii)      a date range of when you believe the personal information was supplied to us

(iii)     any details of how the personal information was supplied to us originally

(iv)     (where correction is required) details of the correction requested

We may contact you for additional information if required (for example, to clarify your request, to confirm your identity etc).

We will generally respond to requests for access or correction within 30 days. Our ability to do so will depend on the scope and clarity of your request, whether the personal information can be readily located and assembled.

Where we hold personal information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by email, by phone, in person, or in hard copy).

There may be instances where we may refuse your request for access or correction. Such as

(i)        we may need to refuse access if granting access would interfere with

(ii)       the privacy of others or if it would result in a breach of confidentiality

(iii)      we may need to refuse a correction request if we are not satisfied that the personal information requires correction

(iv)      If we refuse your request, we will give you a written notice setting out:

(v)       the reasons for the refusal (to the extent it is reasonable for us to do so) and

(vi)      lodge a complaint in respect of our refusal the steps that can be taken to

Complaints about a breach of privacy

If you believe we have failed to comply with the Privacy Act or this Privacy Policy in relation to our handling of your personal information or sensitive information, then you must first lodge your complaint with us using the contact details in Section ‘How to contact us’ below and follow the procedure specified below.

To enable us to review and respond to requests in a timely manner, your request should contain the following details (as a minimum):

(i)       your full legal name and contact telephone number

(ii)      a description of the incident (including any relevant dates) so that we can review and/or investigate the complaint

(iii)     a description of how you believe we have breached our obligations under the Privacy Act or this Privacy Policy

(iv)     We may contact you for additional information if required to clarify your request, to confirm your identity etc.

Our procedure for investigating and dealing with complaints is as follows:

(i)       Complaints should be made no later than six (6) months from the date the incident occurred. We may consider later applications if there is an acceptable reason for the application not being lodged before.

(ii)      We will treat your complaint confidentially. Our representative will review your complaint and contact you within a reasonable time after receipt of your complaint to discuss your complaint and the options available to you to resolve it.

(iii)     We will endeavour to ensure that your complaint is resolved within a reasonable time of receiving your complaint. Please allow up to 30 days before contacting us about your complaint.

(iv)     If we do not resolve your complaint, you may then take your complaint to the Financial Ombudsman Service (please see www.fos.org.au), who is an independent external dispute resolution provider that can deal with complaints regarding an interference with your privacy (as defined by the Privacy Act).

(v)      As a final measure, you may take your complaint directly to the Office of the Australian Information Commissioner (for more information, please see www.oaic.gov.au ).

How to contact us

To contact us regarding any request to access or correct personal information, any complaint regarding the treatment of your personal information or sensitive information or if you have any questions regarding this Privacy Policy, please contact our Privacy Officer specified below.

Attention: Privacy Officer

Kong’s (Aust.) Pty Ltd

PO Box 863, INLGEBURN NSW 1890

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Fax: 02 8796 5188 (for general enquires only. Please submit access / correction requests and complaints in writing).

Changes to our Privacy Policy

We may change this Privacy Policy from time to time, including in order to comply with any future amendments to the Privacy Act or related laws or regulations. Any updated versions of this Privacy Policy will be effective from the date of posting on our website at www.kongs.com.au

This Privacy Policy was last updated on 12 March 2014.