2. We reserve the right to revise this Policy or any part of it from time to time. Please review the Policy periodically for changes.
Personal Information – means information and/or an opinion (including information or opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual who is identifiable, whose identity is apparent, or whose identity can reasonably be ascertained, from the information or opinion.
Sensitive Information – a sub-set of personal information, includes information or an opinion about (for example) an individual’s racial or ethnic origin, political opinions, political association membership, religious beliefs or affiliations, philosophical beliefs, professional or trade association membership, trade union membership, sexual orientation or practices or criminal record, and includes health information and genetic information.
In New Zealand:
Personal Information – means information about an identifiable individual.
1. Nero aims only to collect personal information by lawful and fair means, in accordance with the Privacy Acts. In the course of doing business with you, we endeavour to collect business information only. However, the collection of personal information in some instances is necessary or unavoidable.
2. Nero aims only to collect personal information for purposes which are reasonably necessary for, or directly related to our business functions, the provision of our goods and services, and other activities as permitted under the Privacy Acts. This includes, for example:
- When you contact us asking for information on our goods and services;
- When you ask to be on an e-mail or mailing list relating to our business, goods and services
- When you place an order for our goods and services, and for activities related to that transaction; and
- Administering our warranty offerings, and associated contact with end customers of our goods and services.
3. The kinds of personal information that we commonly collect and hold from you or about you depend on the transaction you have entered into with us, the goods and services you or your organisation have contracted us to provide, and/or the goods and services you or your organisation are interested in.
4. If you are a current or prospective reseller of our goods, or other trading partner, then the kinds of personal information that we commonly collect and hold from you or about you include: your name, address, email address, contact numbers and bank account or credit card payment details etc. We also collect credit application and account information for trade reference and credit check purposes (eg, business structure details, date of birth, drivers licence etc).
5. If you are an end customer of our goods and services, we aim only to collect such personal information as may be necessary to answer your enquiry or the transaction you have engaged in with us. The kinds of personal information that we would typically collect and hold from you or about you include: your name, address, email address and contact numbers. Other types of personal information would depend on the nature of your enquiry or transaction.
6. Generally, we do not collect sensitive or health information. However, we may collect sensitive information from you or about you where there is a legal requirement to do so, or where we are otherwise permitted by law (for example, where we have received your consent). This may include sensitive information as gleaned from:
- if you are a current or prospective reseller of our goods – your drivers licence; or
- if you are an end customer of our goods and services – a warranty claim.
7. You have the option of not identifying yourself or of using a pseudonym when dealing with us, unless the use of your true identity is a legal requirement or necessary to complete the enquiry or transaction.
1. We aim to collect personal information only directly from you unless it is unreasonable or impracticable for us to do so. For example, we collect personal information from you or about you from:
- Your interactions with us and/or our resellers and other trading partners when you enquire about, order or obtain goods or services from us
- correspondence, including emails, letters and telephone calls with us and/or our resellers and other trading partners;
- when you submit a warranty claim or register your goods
- when you participate in Nero’s contests, programs or promotions;
- enquiries, application forms and contracts that you submit to us and/or our resellers and other trading partners; and
- your activity and engagement on our website and other social media platforms
2. In limited circumstances we may receive personal information about you from third parties (eg. The reseller from whom you purchased the goods or services, associated businesses and referrers). Where we obtain personal information about you from third parties, we will inform you. For example, as outlined above, we may obtain personal information about end customers of our goods from the wholesalers, builders, retailers or resellers with whom you have placed your order. These details may include enquiries about goods and services and/or delivery instructions etc.
3. Nero will ensure that all unsolicited personal information will be afforded the same privacy protection as solicited personal information.
4. Where unsolicited personal information is received:
- we will assess whether we could have collected the information directly from you, and
- if not, then we will destroy or remove identifying components in the information as soon as practicable, but only if lawful and reasonable to do so.
2. If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our website.
3. Our website also contains links to other websites of interest (eg. the websites of our suppliers and other trading partners, and the websites of our resellers). However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
2. When you provide us with personal information to submit a warranty claim, we imply that you consent to our collecting it and using it in accordance with this Policy, for purposes associated with administering and resolving the warranty claim.
3. Nero will notify you whether the giving of personal information is compulsory or voluntary for Nero’s primary purpose for collection.
4. If we do not collect, hold, use or disclose your personal information, or if you choose not to provide certain personal information to us or do not consent to our collection, holding, use or disclosure of your personal information, then we may not be able to provide you answer your enquiry, complete the transaction you have entered into, or provide the goods or services that you or your organisation have contracted us to provide. For example:
- certain personal information is required for us to process and deliver an order for goods and services;
- disabling some cookies in your browser may mean that you are unable to experience the full functionality of our website.
5. We also collect, hold, use and disclose your personal information for related purposes that you would reasonably expect, such as our administrative and accounting functions, record keeping, payment processing, fraud checks, providing you with information about other goods and services offered by us, providing you with information about launches of new goods and services, marketing and promotions, market research, newsletter communications, customer feedback and quality assurance surveys, warranty claims, potential product recalls, statistical collation, social media analysis and website traffic analysis.
6. Where we wish to use or disclose your personal information for other purposes, we will obtain your consent.
7. Where we use your personal information for marketing and promotional communications, you can opt out at any time by notifying us. Opt out procedures are also included in our marketing communications.
8. We may also collect, hold, use and disclose your personal information in circumstances that are required or permitted by law, where that is necessary for us to comply with our legal obligations.
- Data held and stored on paper is stored in lockable filing cabinets. Our premises has secured entry and monitored alarms.
- Data held and stored electronically, including “in the Cloud”, is protected by internal and external firewalls, limited access via file, user password and network passwords, and files can be designated read-only or no access. We also require our IT contractors and other third parties to implement privacy safeguards.
2. Nero may disclose and transfer your personal information to IT providers, subcontractors and other third-party service providers that assist with the operation of our website, payment gateways, the delivery of our goods, the provision of our services, and the performance of associated activities.
3. We may disclose your personal information to law enforcement authorities or other government officials, only when permitted or required by law or by legal process (eg. when necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraud or illegal activity).
4. If our business is acquired or merged with another company, your personal information may be transferred to the new owners so that they may continue to sell goods and provide warranties to you.
2. We will retain your personal information while it is required for any of our business functions or for any other lawful purpose.
3. We will take reasonable steps and we will use secure methods to destroy or to permanently deidentify your personal information when it is no longer required for any purpose for which the personal information may be used under this Policy and otherwise in accordance with the Privacy Acts.
4. As an example, our destruction and de-identification methods may include:
- Paper records being placed in security bins and shredded; or
- Electronic records being deleted from all locations, to the best of our ability, or encrypted and/or placed beyond use.
- In the Australian context:
– it is necessary to complete the transaction you have entered into; and
– you have provided consent; or
– we believe on reasonable grounds that the overseas recipient is required to deal with your personal information by enforceable laws which are similar to the requirements under the APPs; or
– it is otherwise permitted by law.
- In the New Zealand context:
– the overseas recipient is subject to the New Zealand Privacy Act as they do business in New Zealand;
– the overseas recipient will adequately protect the information;
– the overseas recipient is subject to privacy laws that provide comparable safeguards to the New Zealand Privacy Act;
– you have provided consent; or
– it is otherwise permitted by law.
Our overseas affiliates are located in New Zealand and Australia.
2. The purpose of keeping records on candidates for employment is to allow Nero to assess the suitability of candidates for employment.
3. The information in these files may include contact details for the applicant and their referees.
4. The personal information in these files relates to the employee and may include:
- Application(s) for employment, including the employee’s resume and referee reports
- Any tasks undertaken by the employee during the selection process
- Notes from the interviewer/s during the selection process
- Contact details for the applicant, employee, referees and next of kin
- The employee’s employment contract and other records relating to their terms and conditions of employment
- Proof of citizenship or passport details to verify proof of ability to work in Australia
- Copies of academic qualifications and/or confirmation of these qualifications from the issuing body
- Records of banking, tax and superannuation accounts and identification numbers
- Records relating to the employee’s salary, benefits and leave
- Medical certificates or heal related information supplied by an employee or their medical practitioner, including pre-employment medicals
- Superannuation contributions
- Information relating to the employee’s training and development
- Checklists to ensure all applicable information has been received and complied as required.
5. Nero generally collects personal information directly from job applicants, candidates and employees but may also collect personal information from other sources such as recruitment agents, personnel providers and referees.
6. Subject to the requirements of the Privacy Acts, employee records will be stored, accessed, disclosed and processed by us for reasons related to the employment relationship.
7. The following staff members at Nero have access to relevant applicant, candidate and employee records on a need-to-know basis:
- Managers and/or supervisors
- Staff involved in the recruitment and selection process
- Human Resources staff.
Nero does not give personal information held in these files to other agencies, organisations or anyone else without the consent of the individual, unless the individual would reasonably expect or has been told, that information of that kind is usually passed to those agencies, organisations or individuals, or the disclosure is otherwise required or authorised by law.
2. We have procedures in place for dealing with and responding to requests for access to, and correction of, the personal information held about you.
3. When you request access to the personal information we hold about you, or request that we change that personal information, we will allow access or make the changes unless we consider that there is a sound and permitted reason under the Privacy Acts or other relevant law to withhold the information and/or not make the changes.
4. In most cases, we expect that we will be able to comply with your request. However, if we do not agree to provide you access or to correct the personal information as requested, we will give you written reasons why. For further information, please contact us.
5. Nero will provide you with written notice if we refuse to correct the personal information as requested by you. The written notice will set out:
- the reason for refusal (unless this would be unreasonable)
- the mechanisms available to complain about the refusal; and
- any other matter prescribed by the Privacy Acts.
6. Nero will respond to a correction request within a reasonable period. We will not charge for making the request, for correcting the information, or for associating any statement with the personal information.
7. To assist us to keep our records up-to-date, please notify us of any changes to your personal information.
8. Current and past employees’ personnel files are exempt from the Privacy legislation (in Australia) and therefore are not accessible to the individual under the Australian Privacy Act. However, should correction of the information contained in the personnel files be required the new information needs to be supplied to the Human Resources Department in the required format.
- In Australia – we will conduct this assessment within 30 days after the suspected breach has occurred, and where it is ascertained that a breach has actually occurred and where required by law, we will notify the Australian Privacy Commissioner and affected individuals as soon as practicable after becoming aware that a data breach has occurred.
- In New Zealand, we will conduct this assessment expeditiously, and where it is ascertained that a breach has actually occurred and where required by law, we will notify the New Zealand Privacy Commissioner within 72 hours of the data breach occurring.
Re: Privacy matter
11-13 Buontempo Road, CARRUM DOWNS, VIC, 3201AUSTRALIA
Telephone: (03) 8786 3170