Privacy & Cookies Policy
1. Introduction
1.1 Empauer Pty Ltd
Empauer Pty Ltd (“Empauer”) operates a business consultancy. Through our operations, Empauer from time to time gathers information from Customers and other parties with whom we deal for a variety of reasons including, in particular, to enable us to improve the nature of the services we provide. Empauer understands individuals’; concerns regarding confidentiality and takes seriously its obligations in respect of all information it gathers. To safeguard that information, Empauer has implemented a program to ensure compliance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (“APPs”) and the European Union (EU) data protection law, the General Data Protection Regulation (GDPR). This Privacy Policy outlines how Empauer deals with Personal Information.
2. Why Empauer Collects Personal Information
2.1 Nature of Information
The information Empauer collects in most cases relates to Customers but can relate to suppliers and other parties we deal with (for the purposes of this Privacy Policy all such people are described as “Customers”). Information is gathered for a range of purposes, including the provision of ongoing Customer support and the compiling of Customer databases to enable us to more accurately market our goods and services.
The type of information we collect includes such things as contact details, industry, product preferences and transactional details. Empauer treats all such information which is collected and identifiable as relating to an individual as Personal Information. It is this information which is described as “Personal Information” for the purposes of this Privacy Policy.
2.2 Collection of Information
In accordance with the APPs, where practical, Customers of Empauer may deal with Empauer on an anonymous basis. However, as a provider of a wide range of services, Empauer frequently finds that it is necessary to collect Personal Information during the course of transactions. Personal Information may be collected about Customers via the following means:
(a) email;
(b) websites (including in some instances cookies);
(c) online transactions;
(d) networking functions (eg: business cards);
(e) over the phone;
(f) information collected from third parties.
2.3 Information given to Customers
When Personal Information is collected from a Customer, they are advised at the time of collection or as soon as practical after its collection as to:
(a) Empauer’s contact details;
(b) the purpose of collection;
(c) the fact that the Customer can gain access to the Personal Information;
(d) the types of organisations to which their Personal Information may be disclosed;
(e) whether the Personal information will be disclosed to overseas recipients.
(f) any law that requires the Personal Information to be collected; and
(g) the key consequences if all or some of the information cannot be collected.
Where Empauer collects Personal Information about a Customer from a third party, and the Customer has not previously consented to that third party providing the information to Empauer, Empauer will, where reasonable and practical, provide the Customer with the following information about that third party:
(a) the third party’s contact details;
(b) the purpose of collection;
(c) the fact that the Customer can gain access to the Personal Information;
(d) the types of organisations to which their Personal Information may be disclosed by that third party;
(e) any law that requires the Personal Information to be collected; and
(f) the key consequences if all or some of the information cannot be collected.
2.4 Customer consent
Wherever practical, Empauer will obtain the express consent of Customers to the collection of Personal Information. In some situations, Empauer will interpret a Customer’s actions as indicating that a Customer consents to the collection of Personal Information. This may occur where the Customer has provided Personal Information for a particular purpose and that purpose cannot be achieved without Empauer making use of the Customer’s Personal Information.
2.5 What happens if Personal Information is not provided
Where relevant, Empauer will endeavour to make Customers aware that Empauer may not be able to provide a proper service to them if Personal Information is not provided upon request.
3. Maintenance And Management Of Personal Information
3.1 Who may view Personal Information
In general, only officers, employees or contractors of Empauer may view Personal Information. Empauer will only grant access to parties other than Empauer’s officers, employees and contractors to view Personal Information where Empauer believes that access is necessary to achieve the purpose for which the Personal Information was collected. Empauer will only disclose Personal Information to parties other than Empauer’s officers, employees and contractors if:
(a) that disclosure is required to give effect to the purposes for which Empauer collected the Personal Information;
(b) the Customer has consented to that disclosure;
(c) Empauer believes that the disclosure may lessen a risk of harm to the health or safety of any person;
(d) Empauer believes an unlawful activity is being undertaken and the Personal Information is disclosed as part of Empauer’s investigation into this activity;
(e) Empauer is required by law to disclose the Personal Information; or
(f) the disclosure is required for the enforcement of a criminal law or a law imposing a pecuniary penalty or for the protection of public revenue.
3.2 International transfers
Empauer may disclose Personal Information to countries outside Australia. We will only do so in compliance with all applicable Australian data protection and privacy laws. Empauer will take reasonable steps to protect personal information no matter what country it is stored in or transferred to.
3.3 Identification
Empauer does not use any prohibited identifiers (such as a tax file number) to identify its Customers.
3.4 Storage and Security
Personal Information may be stored in either hard copy form or on computer or both. Hard copy Personal Information is wherever practical, kept under locked security. Personal Information stored on computer is wherever practical, password protected. Where possible and practical, Empauer will endeavour to comply with recognised Australian and international standards relating to information security.
Empauer regularly deletes and de-identifies Personal Information if the information is no longer needed by Empauer.
3.5 Updating Personal Information
Empauer regularly monitors the quality and accuracy of Personal Information that it maintains and where practical, updates that information on a regular basis.
Customers can update their Personal Information at any time by contacting Empauer’s Privacy Officer.
4. Direct Marketing
Personal Information collected for direct marketing purposes will only be collected, used or disclosed with the consent of the relevant Customer as provided for in this Privacy Policy. In circumstances where Empauer cannot practically obtain the consent of a Customer, then Empauer may still engage in direct marketing to that Customer, but will:
(a) advise the Customer that he or she can be taken off the mailing list at any time; and
(b) display its contact details clearly in each direct marketing publication. Customers may be taken off any mailing list by contacting Empauer’s Privacy Officer.
5. Access To Personal Information
Customers may access their Personal Information by contacting Empauer’s Privacy Officer. Access is generally granted within 30 days of that request. Empauer may impose a reasonable charge for access.
6. When Empauer May Withhold Access To Personal Information
6.1 When access can be withheld
Access to Personal Information may be withheld in a number of circumstances.
These include where:
(a) providing access would pose a serious and imminent threat to the life or health of a person;
(b) providing access would have an unreasonable impact on the privacy of others;
(c) the information is subject to confidentiality where the person who provided the information to Empauer did so expressly on the condition that it remains confidential;
(d) the request is vexatious or frivolous;
(e) the information relates to current or anticipated legal proceedings between Empauer and the person and the information would not be required to be discovered to a court;
(f) Empauer is in commercial negotiations with the person and the information would reveal Empauer’s intentions;
(g) providing access would be unlawful or Empauer is required by a law to withhold access; or
(h) providing access could prejudice the investigation or detection by Empauer or by a government body of an unlawful activity or some serious or improper misconduct.
Where Empauer does withhold Personal Information, Empauer may instead choose to give the Customer a summary of that information.
6.2 Written reasons
If Empauer does withhold Personal Information, Empauer will provide written reasons.
6.3 Third party intermediary
If Empauer withholds access to Personal Information, Empauer will consider whether the provision of access to an independent third party will meet Empauer’s and the relevant Customer’s needs.
7. Contractors
Empauer may from time to time employ subcontractors to provide services to it. In these situations, Personal Information may be collected about those subcontractors.
This Privacy Policy applies equally to those subcontractors.
8. Security
The security of your data is important to us. We use an SSL certificate on our website to keep your information and communication with you secure at all times.
SSL Certificates are small data files that digitally bind a cryptographic key to an organisation’s details. When installed on a web server, it activates the padlock and the https protocol and allows secure connections from a web server to a browser.
Any data we hold on our systems we encrypt and keep regular backups of. We regularly review best practices in keeping your data safe. In the unlikely event of a breach in our data systems, we will notify you within 72 hours with the details.
9. Cookies
The following table lists the cookies currently used on our website, we may update them from time to time as new website functionality is added or modified. If you have any questions about them or their use please get in touch.
| Cookie | Type | Duration | Description |
|---|---|---|---|
| cookielawinfo-checkbox-analytics | 0 | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics". |
| cookielawinfo-checkbox-functional | 0 | 11 months | The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". |
| cookielawinfo-checkbox-necessary | 0 | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary". |
| cookielawinfo-checkbox-others | 0 | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other. |
| cookielawinfo-checkbox-performance | 0 | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance". |
| viewed_cookie_policy | 0 | 11 months | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |
10. Who To Contact
Empauer is committed to working with its Customers to obtain a fair resolution of complaint or concern about privacy.
To contact with a compliment or complaint or a privacy question, you can:
Write to us at:
Privacy Officer
Empauer Pty Ltd
21-23 Stewart Street
Richmond, Victoria
Australia 3121
Email us at: [email protected]
11. Modifications To This Document
Empauer may modify this Privacy Policy and the way it handles Personal Information at any time in its sole discretion.
12. Further Information
Further information on privacy can be obtained from the Privacy Commissioner at www.privacy.gov.au.