1.1 The privacy of your personal information is afforded the highest level of importance by Debt Force Pty Ltd (“Company”, “we”, “our” or “us”).
1.3 Debt Force Pty Ltd (“Company”) complies with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Privacy Act when handling personal information.
1.4 Personal information includes any information or opinion, whether true or not, about a person who is identified or whose identity can be reasonably established.
1.5 Our Service is not offered to children. We do not knowingly collect personal information from children. If you become aware that a child had provided us with information, please contact us. Any information provided that is in breach of this provision will be deleted.
2. COLLECTION OF PERSONAL INFORMATION
2.1 We collect personal information for the purposes of delivering the services through the Company website located at www.debtforce.com.au (“Website”). We collect information:
(a) from users to whom a debt is owed (hereafter referred to as “Users”) – when they sign up to our services on the Website;
(b) from Debtors who owe a debt to a User – when they sign up to submit payment of their debt;
(c) from partners that may refer work;
(d) when we receive enquiries through the Website; and
(e) when the Website is otherwise accessed or used.
2.2 The kind of personal information we may collect will depend on who you are (e.g. Creditor, Debtor, or partner) and the nature of your interaction with us. It may include the following:
(a) your full name, address, mobile telephone number, email address and other personal details;
(a) date of birth;
(b) company name (if any);
(c) billing information including credit card or other payment details;
(d) username and password;
(e) personal information from your interaction with the Website and its content and advertising, including without limitation device identifiers, device type, geo-location information, connection information, statistics on page views, traffic to and from the Website, mobile network information, time, date, referring URL, the type of operating system and browser, ad data, IP address and standard web log data; and
(f) any other information we consider may assist us in marketing our services.
2.4 The legal basis for the above processing is based on:
(a) your consent, which is procured from you upon you registering an account with us and agreeing to the Creditor Terms and Conditions or Debtor Terms and Conditions as the case may be;
(b) the personal information being necessary for the performance of a contract to which you are a party;
(c) carrying out pre-contractual measures; and/or
3. AUTOMATIC COLLECTION
3.1 When you visit our Website, our Internet Service Provider automatically records the following information about you:
(a) your server address;
(b) the website you visited immediately prior to ours;
(c) your domain name (if any);
(d) date and time of your visit to our Website;
(e) pages you accessed and the information or documents you downloaded;
(f) type of browser you used; and
(g) any other information we request our Internet Service Provider to record from time to time.
5.1 We may use, from time to time, any personal information collected to:
(a) provide, manage and administer the Services;
(b) operate the Website, generate content and provide customer support and payment services;
(c) send you our newsletter and other updates or information regarding our service and generalised, targeted or personalised marketing, advertising and promotional notices, offers and communications;
(d) respond to feedback and complaints;
(e) research, develop and improve services;
(g) verify information for accuracy or completeness (including by way of verification with third parties);
(h) comply with our legal obligations, a request by a governmental agency or regulatory authority or legally binding court order;
(i) provide your updated personal information to our related bodies corporate, contractors, employees or service providers;
(j) personalise your experience with our products and services, for example, via connectivity with social media services;
(k) aggregate and/or make anonymous your personal information, so that it cannot be used, whether in combination with other information or otherwise, to identify you;
(l) to conduct surveys to determine use and satisfaction with our Services; and
In the event we hold sensitive information about you, we will only disclose or use that information with your consent or if another exception applies under applicable laws.
6. OPT OUT
6.1 To market our Services, we may contact you by:
(c) Email; and
6.2 In all cases, unless you have opted out, you consent to us using your personal information for direct marketing purposes in order to tell you about the services and offers that we think may be of interest to you.
6.3 We will always give you the opportunity to opt out of receiving future marketing correspondence. You may opt out by contacting the Company.
7.1 We store our information by using external hosts such as a cloud.
7.2 To the extent permitted by law, we reserve the right to retain and store your personal information for such period as is deemed necessary by us in our sole discretion.
7.3 If we determine that we no longer need to hold your personal information, we will take reasonable steps to destroy or permanently de-identify that information.
8. DISCLOSURE AND SHARING
8.1 When a Creditor signs up to our services, we may disclose the Creditor’s personal information to parties involved in the delivery of the services.
8.2 In the event that a debt owed to the Creditor is not paid by the Debtor after using the services, we may disclose the Creditor’s personal information to Merton Lawyers for the purposes of offering legal services to the Creditor to recover such debt.
8.3 We may also disclose personal information to the following third parties:
(a) our staff members;
(b) third parties to whom you ask us to send, or consent to us sending, your personal information;
(c) your authorised representatives;
(d) our professional advisors including accountants, lawyers and auditors;
(e) government and regulatory authorities and other similar organisations as required or as authorised by law;
(f) such entities that we propose to merge with or be acquired by; and
(g) outsourced service providers such as market research organisations.
8.4 We will only disclose personal information to additional third parties with consent or if permitted or authorised to do so by law.
9.2 The information stored in the cookie is used to identify you. This enables us to operate an efficient service and to track the patterns of behaviour of visitors to the Website.
9.3 You can modify your browser to prevent cookie use but if you do so, our service (and Website) may not work properly.
10. ACCESS, CORRECTION AND COMPLAINTS
10.1 At your request, we will provide you with access to any personal information we hold about you (subject to any applicable legal exceptions) at no fee.
10.2 At your request, we will correct any personal information you advise is incorrect at no fee.
10.3 With regards to 10.1 and 10.2, please refer to the Company’s contact details below.
10.4 Please also let us know if you have any concerns or complaints about the way we are handling your personal information so we can address them.
11. TRANSFER IN CERTAIN CIRCUMSTANCES
11.1 If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of the Company, then we may transfer, sell or assign personal information collected to one or more relevant third parties if:
(a) We have the consent of the individuals whose personal information we hold; or
(b) The sale of the personal information is required or authorised by law.
12. IF WE CAN'T COLLECT YOUR PERSONAL INFORMATION
(a) we may not be able to provide the requested Services to you, either to the same standard or at all;
(b) we may not be able to provide you with information about our Services that you may want; or
(c) we may be unable to tailor the content of our services to your preferences and your experience of our Services may not be as useful or enjoyable.
13. ANONYMITY AND PSEUDONYMITY
13.1 We will allow customers to transact with us anonymously or by using a pseudonym, wherever that is reasonable and practicable. However, this will not be possible if we are required or authorised by law or other instrument to deal with customers who have been appropriately identified, or where it is impracticable for us to deal with individuals who have not identified themselves or who would prefer to use a pseudonym.
14. DATA BREACHES
14.1 A data breach occurs when there has been:
(a) unauthorised access to personal information; or
(b) disclosure of personal information; or
(c) personal information is lost as a result of the likelihood of unauthorised access to or disclosure of information occurring; and
(i) the access to or disclosure of the personal information would likely result in serious harm to you.
14.2 In the event that we suspect a data breach has occurred but we are unsure of the circumstances or whether a data breach did occur, we will carry out a reasonable and expeditious assessment within 30 days of becoming aware of it.
14.3 If there are reasonable grounds to believe there has been a data breach then:
(a) We will notify the Office of Australian Information Commission; and
(b) We will notify the individuals whose data was affected or individuals who are at risk with:
(i) A description of what occurred; and
(ii) The kinds of information concerned; and
(iii) The recommended next steps that affected individuals should take.
(c) If a provision of this Agreement is void or unenforceable it must be severed from this Agreement and the provisions that are not void or unenforceable are unaffected by the severance.
15. CONTACT US
Debt Force Pty Ltd:
Address: 1/26 Liddiard Street, Hawthorn, VIC 3122
Phone: 03 9818 2008
Email: [email protected]
For further information on your privacy rights, go to: www.privacylaw.gov.au