Introduction
ChemCloud Pty Ltd and its related bodies corporate operate the following websites across desktop, mobile, tablet and apps (including any subdomains): chemcloud.com.au, collectively known as the “Websites” in this Privacy Policy.
ChemCloud Pty Ltd and its related bodies are together known as “ChemCloud” or “we”, “our” and “us” in this Privacy Policy (unless the context requires). Where we refer to the data practices of a specific business in this Privacy Policy, "we", "our" or "us" refers to the operating entity of that business, as specified above.
This Privacy Policy sets out how we collect, use, disclose and manage personal information in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”), including the Australian Privacy Principles (“APPs“), and applicable privacy regulations.
By using the Websites, subscribing to our services, buying our products or entering into an agreement with us in relation to the Websites, you are taken to have read and agreed to the collection, use, disclosure and handling of your personal information in accordance with this Privacy Policy.
Please ensure that you review this Privacy Policy periodically, as we may modify it from time to time. We will notify you of any such change to either party’s rights or obligations that may cause you material detriment at least 30 days’ prior to such change coming into effect.
The personal information we collect about you
We may collect personal information about you including, but not limited to your name, address, phone number, email, gender, occupation, employer, job title and any other information provided.
If you access any of our services through a social network site or login to our Websites using your social network credentials such as Facebook, we will collect limited information provided to us by that social network site, such as user name, site ID, profile photo and email address.
We may collect credit information about you. Credit information is information which is used to assess your eligibility to be provided with finance and may include any finance that you have outstanding, your repayment history in respect of those loans and any defaults. Usually credit information is exchanged between credit and finance providers and credit reporting bodies.
We may also collect non-personal information about you including, but not limited to, data relating to your activities on the Websites (including IP addresses) via tracking technologies such as cookies, web beacons and measurement software or data relating to survey responses.
For some services and products, we may also collect your personal information to enable verification of your identity, including information from your passport, driver's licence and health care and concession cards.
We do not, without your consent, collect sensitive information (as defined under the Privacy Act), such as racial or ethnicity information, political opinions or associations, criminal records or health information.
You acknowledge that the personal information you provide us and which we collect from you, is your own information or information which you have been authorised to provide to us.
How we collect your personal information
We may collect personal information about you from a variety of sources including, but not limited to:
• registering to use the Websites or parts of them;
• logging in to use our Websites via your social networking site account;
• subscribing to receive email alerts, media releases and other news and marketing material, or completing forms or applications, surveys or research;
• contacting us or our service providers for any reason including, but not limited to, reporting a problem with the Websites, requesting further services or seeking our assistance;
• posting or contributing material on our Websites;
• using our online chat service; and
• buying products through our Websites or using our services and any credit provided by us in connection.
We may also collect your personal information through our related bodies corporate, our service providers and third parties so that we may provide a better or more relevant service or products to you.
If you apply to or enquire with us for credit, we may also obtain personal information about you from credit reporting bodies, other credit providers, existing or previous suppliers of goods or services, your bank, finance brokers, accountants, lawyers and certain other businesses for the purposes of assessing your application. We will collect information directly form you where possible. Refer to our Credit Reporting Policy below for more details.
How we use your personal information
We use your personal information for the purpose of:
• providing you with the products and services you have requested;
• responding to or providing you with services, products, information and assistance that you request from us;
• creating and maintaining your account, including verification of your identity when you register or log into our Websites and reminding you of your password and username;
• combining your personal information with information that we have collected from our service providers, third parties, cookies or web beacons in order to personalise and customise your experience, the products and services, advertising and content that you view and engage with;
• contacting you to participate in surveys, research and feedback about our products, services or the Websites;
• allowing you to participate in interactive features of our service, when you choose to do so;
• helping us to carry out obligations arising from any contracts between you and us;
• assessing your application for credit in connection with our products and services;
• recovering monies owed to us by you, including disclosing your information to debt collection agencies;
• notifying you of changes to our products and services;
• enhancing your security when you visit our Website; and
• ensuring you comply and adhere to our website terms of use.
If all or part of this information is not provided, we may not be able to provide you with our products or services.
We may also:
• use your personal information to provide you with information about products or services, offers and promotions which we believe may be of interest to you; and
• share your information with our service providers and other third parties so that they can provide you with products or services on our behalf or help us to provide you with the requested products or services, including contacting you in relation to the products or services.
If we do contact you by using your personal information in accordance with either of the above, we will give you the opportunity to request that your information not be used for further direct marketing in the future.
How we disclose your personal information
We may disclose personal information to:
• our related bodies corporate or business partners;
• our service providers, so that they can provide you with products or services on our behalf or products or services that you have requested directly from them, or to help us to provide you with our products or services;
• if you apply to us for credit, to:
o credit reporting bodies (for the purpose of obtaining credit reporting information about you and other permitted purposes); and
o other credit providers, existing or previous suppliers of goods or services, your bank and certain other businesses for the purposes of assessing your application;
• relevant public, government or regulatory authorities, our legal representatives or other concerned parties, in special situations where we have reason to believe that disclosing your personal information is necessary to help identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities; and
• where we are otherwise authorised or required by law to do so.
Disclosure and storage of personal information outside Australia
The personal information we collect may be held on servers located in Australia or in the data centres of our outsourced data processors with data centres in Australia, the United States of America, Canada, South America, Europe and Asia. We transfer data outside of Australia to our service providers in order to obtain secure storage, back-up and data retrieval services and to provide services. We have implemented policies and procedures to safeguard the secure storage and processing of data with our related companies and have verified the security arrangements of our outsourced data processors. When you provide us with your personal information, you give us your consent to store your personal information outside of Australia for the purposes described above.
Where we have obtained your consent to do so, we may also share your personal information with our service providers and other third parties located outside Australia so that they can provide you with any products or services requested by you, including contacting you in relation to the products or services.
Correction and access
We take reasonable steps to ensure that the information we hold is accurate and up to date. If, at any time, you discover that information held about you is incorrect or you would like to review and confirm the accuracy of your personal information, you can contact us.You can also gain access to the personal information we hold about you, subject to certain exceptions provided for by law. To request access to your personal information, please contact us.
Complaints resolution
We are committed to providing you with a fair and responsible system for the handling of complaints. If at any time you have any concerns, complaints or questions in relation to your privacy or the operation of any of our businesses, please contact our Privacy Officer at privacyofficer@chemcloud.com.au so that we may resolve your concerns.
Our Privacy Officer will consider your query and strive to respond to you promptly.
Security
We endeavour to ensure the security, integrity and privacy of personal information we collect. We have established safeguards and security measures to protect your personal information from unauthorised access, modification and disclosure. Our employees, contractors, agents and service providers who provide services related to our information systems, are obliged to respect the confidentiality of any personal information held by us. We review and update our security measures with current technologies.
Cookies and web beacons
We use cookies, web beacons and measurement software and tools on the Websites and so do our services providers and third parties such as our analytics, advertising or ad serving partners. We use and disclose the information collected through the use of cookies, web beacons and measurement software and tools in accordance with this Privacy Policy. This includes using the information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our products and services. We may allow other third parties to use their own cookies and web beacons to collect information about your visits to the Websites.
We may combine our cookies, information collected through the cookies and web beacons on the Websites with other information (including information collected by third parties using their own cookies and web beacons and providing our cookies and information to third parties) and use analytics services to provide better or more relevant services and advertising to you on the Websites and third party websites.
Cookie choices
If you do not want information collected through the use of cookies, web beacons or measurement software and tools, you may be able to delete or reject Cookies or some of the measurement software features through your browser or the settings section of your mobile or tablet device. Disabling these features may cause some of the functions on the Websites, or products and services not to work properly.
Applications, widgets or links to other websites
We provide links to websites outside of the Websites, as well as to third party websites. We also allow some third parties to display widgets and applications on our Websites that allow you to interact and share content including social media buttons such as Facebook share and like, LinkedIn, Twitter, Pinterest and Google+. These linked sites, applications and widgets are not under our control, and we cannot accept responsibility for the conduct of companies linked to the Websites, or their collection of information through these third party applications or widgets. Before disclosing your personal information on any other website, or using these applications or widgets we advise you to examine the terms and conditions of using that website and the relevant third party’s data collection practices and controls in their privacy policy.
Users based in the European Economic Area
If you access our Websites from the European Economic Area (EEA), you may have additional rights under the General Data Protection Regulation, being Regulation 2016/679 (GDPR) in relation to the handling of your Personal Data (as defined in Article 4 of the GDPR).
In providing our products and services to you, we may monitor your activity on the Websites using automated processes, including for the purposes of counting usage of our Websites and creating audience profiles. We do this to provide you with more tailored and relevant products and services.
In addition to other rights set out in this Privacy Policy, in certain circumstances you may:
• request access to Personal Data that we hold about you;
• request a copy of Personal Data that that you have provided to us, in a structured electronic format;
• request that we update any inaccurate Personal Data that we hold about you;
• request that we restrict the processing of Personal Data that we hold about you. This enables you to ask us to suspend the processing of Personal Data, for example if you want us to establish its accuracy or the reason for processing it;
• object to our processing of your Personal Data;
• request that we delete any Personal Data that we hold about you, subject to any legal obligations we have to retain your Personal Data; and
• withdraw your consent to the processing of the Personal Data that we hold about you. Once you have withdrawn your consent, we will no longer process your Personal Data for the purpose(s) you originally agreed to, unless we are required to do so by law. This will not affect the lawfulness of any processing of Personal Data based on your consent before its withdrawal.
Where your Personal Data is transferred outside of the EEA, it will only be transferred to countries that have been identified as providing adequate protection for Personal Data, or to a third party where we have approved transfer mechanisms in place to protect your Personal Data (i.e. by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified).
For further information or to exercise any of your rights as an EEA data subject under the GDPR, please contact our Privacy Officer.
CREDIT REPORTING POLICY
Introduction
ChemCloud provides commercial credit for the purposes of the Privacy Act to businesses who apply for credit in relation to our products and services. We do not provide any consumer credit.References to “you” and “your” in this Credit Reporting Policy are references to individuals in relation to whom we hold credit information or credit eligibility information for the purposes of the Privacy Act in connection with such credit. This policy provides details about our management of such information.
How we collect and hold credit information and credit eligibility information
“Credit information” relates to your credit-related dealings with us and comprises various types of information that can be collected by credit reporting bodies (“CRBs“) that report on consumer credit worthiness. We may collect or generate various categories of credit information about you.
We may also collect credit eligibility information about you, which consists of information provided by CRBs relating to your dealings with other credit providers (e.g. financial institutions that provide you with loans or other businesses that provide you with credit).
“Credit information” and “credit eligibility information” may include:
• identification information (i.e. your name, address, date of birth or employer);
• consumer credit liability information (i.e. information about consumer credit accounts you hold with other credit providers);
• details about information requests made to CRBs;
• default information (i.e. information about overdue payments owed by you in connection with consumer credit which have been disclosed to a CRB by other credit providers);
• payment information (i.e. information relating to an overdue payment);
• information about consumer credit-related serious credit infringements;
• new arrangement information (i.e. credit-related arrangements you may have entered with another credit provider in connection with a consumer credit default or serious credit infringement);
• court proceedings information;
• personal insolvency information; and
• publicly available information about activities relating to credit worthiness.
Credit eligibility also includes credit worthiness information that we may derive from data we receive from a CRB, such as a credit risk score.
We may collect credit information about you in any of the circumstances described above under the heading “How we collect your personal information” above. We collect credit eligibility information from CRBs, but may collect it from other third parties where permitted by the Privacy Act (such as from other credit providers with your consent).
We store and safeguard your credit information and credit eligibility information in the manner described under the headings “Disclosure and storage of personal information outside Australia” and “Security” above.
How we use and disclose credit information and credit eligibility information
We may disclose your credit information to CRBs, who may include that information in credit reporting information they provide to other credit providers to assist them to assess your credit worthiness. We may also use and disclose your credit information for other purposes and in other circumstances as described under the headings “How we use your personal information” and “How we disclose your personal information” above when permitted to do so by the Privacy Act.
Our use and disclosure of credit eligibility information is regulated by provisions of Part IIIA of the Privacy Act and the Privacy (Credit Reporting) Code 2014 (Credit Reporting Privacy Code). We will only use or disclose such information for purposes permitted by these provisions, such as:
• to process an application for credit with us in relation to our products and services;
• to manage the commercial credit we provide and collect overdue payments; or
• where a disclosure is required or authorised under an Australian law or a court/tribunal order.In some cases, the people to whom we may disclose your credit information or credit eligibility information may be based outside Australia. Refer to the heading “Disclosure and storage of personal information outside Australia” above for more details.
Correction and access
To request the correction of, or access to, your credit eligibility information, see the heading “Correction and access” above.
Complaints resolution
If at any time you would like to make a complaint about whether we have complied with Part IIIA of the Privacy Act or with the Credit Reporting Privacy Code please contact our Privacy Officer at privacyofficer@chemcloud.com.au so that we may resolve your concerns.
If you make such a complaint, we will write to you acknowledging that we have received your complaint and setting out how we will deal with it. We will aim to investigate and resolve your complaint within 30 days. We may need to consult with a CRB or another credit provider to do so. If we need more than 30 days to resolve your complaint, we will advise you of the reasons for the delay and ask for your consent to extend this period.
If you are not satisfied with our handling of your complaint, you can refer your complaint to the Australian Financial Complaints Authority (phone: 1800 931 678, website: afca.org.au or postal address: GPO Box 3, Melbourne, VIC 3001).
Last update: July 2021
