1.3 The Privacy Act defines ‘personal Information’ as ’information or an opinion about an identified individual, or an individual who is reasonably identifiable: whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not.’
2. THE REASONS WHY 4D SYSTEMS COLLECTS PERSONAL INFORMATION
2.2 If you do not provide information about yourself that 4D Systems has requested, 4D Systems may not be able to provide you with the relevant products or service.
3. WHAT KIND OF PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE COLLECT PERSONAL INFORMATION
3.1 4D Systems generally collects and holds personal information about: our employees, contractors who provide services to Us, our customers, our suppliers, job applicants; and other people who may come into contact with Us.
3.2 The type of information We collect varies, depending on the purpose for which it is collected, and may include (but is not limited to) names, address, and contact details. This information may be obtained by way of printed or completed online forms, information provided in person or by telephone by the individuals themselves, or from a third party (for example, a reference).
3.3 When you only browse our Website at www.4dsytems.com.au (‘our Website or 4D Systems Website’), We do not collect your personal information. 4D Systems’ internet service provider makes a record of an individual’s visit and records information such as your server address, your internet protocol address, the pages you accessed and documents downloaded, and the type of browser being used. This information assists Us to analyse web traffic and improve your site navigation and application experience.
3.4 We do not identify you or your browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant or such other power to inspect the internet service provider’s logs.
4. HOW DO WE USE AND DISCLOSE PERSONAL INFORMATION
4.1 4D Systems may use the personal information you provide to Us for the purposes for which it was initially collected, or for the purposes related to such initial.
4.2 In general, 4D Systems uses personal information to:
4.2.2 Provide products or services that have been requested:
4.2.3 Maintain relationships with customers, suppliers, and contractors:
4.2.4 Communicate with customers and third parties:
4.2.5 Provide customers with information about 4D Systems products and services:
4.2.6 Conduct direct marketing and/or surveys; and
4.2.7 Comply with our legal obligations and for purposes authorised by laws or regulations, such as to prevent or investigate alleged crime or fraud.
4.3 We may disclose your personal information where you have provided consent or where disclosure is necessary to achieve the purpose for which it was submitted. Depending on the product or service concerned, personal information may be disclosed to:
4.3.1 4D Systems and any related or associated companies:
4.3.2 Service providers and specialist advisers to 4D Systems who have been contracted to provide 4D Systems with administrative or other services:
4.3.3 Courts, tribunals and regulatory authorities as agreed or authorised by law or where required to do so by a court or under applicable laws or regulations or when requested by a government agency:
4.3.4 A person authorised by you to receive your personal information: or
4.3.5 Organisations that may be involved in any transfer or sale of all or part of our assets or business or involved in any of our risk management or funding requirements.
5. DIRECT MARKETING AND SURVEYS
5.1 Unless you have expressly indicated otherwise, by supplying 4D Systems with your personal information, you give Us permission to use your personal information to contact you to inform you about products and services We think would be of interest to you. This permission does not expire unless you choose to opt out by contacting Us using the contact information provided in paragraph 11, or by utilising an ‘unsubscribe’ facility on any communication We send to you, in which case We will take steps to ensure you do not receive any such direct marketing information in the future.
5.2 From time-to-time, We may request information via surveys or contests. Participation in these surveys or contests is completely voluntary. Information requested may include contact information (such as name and shipping address), and demographic information. Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of our products, services and/or Website.
6. HOW DO WE TREAT SENSITIVE INFORMATION
6.1 Sensitive information under the Privacy Act includes: personal information or an opinion about an individual’s racial or ethnic origin, political opinions or associations, religious or philosophical beliefs, sexual orientation or practices, membership of political bodies, trade unions or other professional or trade associations, credit information, criminal record, or health or genetic information and some aspects of biometric information.
6.2 4D Systems generally does not collect sensitive information. However, in the event that it does, 4D Systems will only use and disclose sensitive information:
6.2.1 for the purpose for which it was intended:
6.2.2 another directly related purpose:
6.2.3 unless you agreed otherwise: or
6.2.4 unless use or disclosure of this information is allowed by law.
7. HOW DO WE MANAGE PERSONAL INFORMATION
7.1 4D Systems trains its employees who handle personal information to respect the confidentiality of that information and the privacy of individuals and to ensure ongoing compliance with the Principles.
8. HOW DO WE STORE PERSONAL INFORMATION
8.1 4D Systems stores personal information on a secure network of servers using cloud technology.
8.2 4D Systems is required by the Principles to safeguard the security and privacy of your information. This includes an obligation to take reasonable steps to protect the personal information We hold from misuse, loss, unauthorised access, modification, or disclosure.
8.3 4D Systems maintains secure IT systems and security measures designed to protect against loss, misuse, and the unauthorised alteration of the information under its control.
8.4 No IT system is 100% secure or error-free. We cannot guarantee that your personal information is totally protected from hackers or misuse. If you enter personal information on our Website, you should exercise due care to safeguard any passwords and usernames created by you to access your personal information on our Website.
9. HOW CAN YOU ACCESS YOUR PERSONAL INFORMATION HELD BY US OR ASK FOR A CORRECTION
9.1 4D Systems seeks to ensure that the personal information it holds is accurate and up to date.
9.2 We realise that this information changes frequently with changes of address and other personal circumstances. We encourage you to contact 4D Systems as soon as possible in order to update any personal information We hold about you. 4D Systems contact details are set out below at paragraph 11.
9.3 4D Systems will be happy to accept updated personal information in writing from the owner of that information at any time. However, in order to protect your privacy and security, We will take reasonable steps to verify your identity before granting you access or enabling you to make corrections to your personal information.
9.4 4D Systems’ objective is to respond to any request to access or amend personal information within a reasonable timeframe but no later than 30 days. 4D Systems will endeavour to inform you if this timeframe is not achievable.
9.5 You may obtain access to any personal information which 4D Systems holds about you, unless one of the exceptions in the Principles applies. Such exceptions include:
9.5.1 providing access is likely to pose a serious threat to the safety of an individual or the public:
9.5.2 providing access is likely to unreasonably impact on the privacy of others:
9.5.3 the request for access to the information is frivolous or vexatious:
9.5.4 providing access would reveal information which relates to existing or anticipated legal proceedings or would otherwise impact on any negotiations: or
9.5.5 providing access is unlawful (including being unlawful as directed by a court or tribunal order or is likely to impact on actions being taken in relation to alleged unlawful activities relating to our functions and activities).
9.6 Except where the Privacy Act provides otherwise, 4D Systems may charge a fee to cover the cost of verifying your application and locating, retrieving, reviewing, and copying any material requested.
10. HOW TO LODGE A COMPLAINT AND HOW WE HANDLE YOUR COMPLAINT
10.2 If you believe We have not adequately dealt with your complaint, you may complain to the Privacy Commissioner, whose contact details are found on the following website http://www.oaic.gov.au/.
11. HOW DO YOU CONTACT US
Address: Unit 7, 103 Sargents Road, Minchinbury NSW 2770, AUSTRALIA
Telephone: +61 2 9625 9714
Privacy Officer: Mr Dev Punjani
Email Address: email@example.com
12. CROSS BORDER DISCLOSURE OF PERSONAL INFORMATION
12.1 Personal information may be stored, disclosed, processed, or transferred outside of Australia from time to time. These countries may include the USA and New Zealand. The countries in which your personal information is received may not have data protection laws equivalent to those in force in Australia.
12.2 You acknowledge and agree to such international data and information transfers with respect to your personal information. Clause 8.1 of the Australian Privacy Principles contained in Schedule 1 of the Privacy Act provides that if We disclose personal information about an individual to an overseas recipient, then We must take such steps as are reasonable in the circumstances to ensure the overseas recipient does not breach the Australian Privacy Principles in relation to such information.
12.3 Unless you notify Us in writing to the contrary, you will be taken to have consented to the disclosure by Us of your Personal Information to overseas recipients on the basis that:
12.3.1 Clause 8.1 of the Australian Privacy Principles will not apply:
12.3.2 the individual whose personal information is disclosed will not be able to seek redress under the Privacy Act or overseas jurisdiction:
12.3.3 the overseas recipient may not be subject to any privacy obligations or to any principles similar to the Australian Privacy Principles: and
12.3.4 the overseas recipient is subject to a foreign law that could compel the disclosure of personal information to a third party, such as an overseas authority.