Contact: Privacy Officer
254 Canterbury Road
Bayswater Victoria 3153
T: 03 8727 9999
F: 03 9729 3266
Clark Rubber Franchising Pty Ltd ("Clark Rubber") and its retail store franchisees ("we", "us", "our") are bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth).
1. Personal information
"Personal information" is information or opinion about an identified individual, or an individual who is reasonably identifiable.
We collect and hold personal information that is reasonably necessary for, or directly related to, one or more of our functions or activities as a network of retail stores. This information may include (as well as other information):
- your name
- your contact details including, phone and facsimile number, residential address and (if applicable) billing address
- your company/trading entity details, such as Australian Company Number (ACN) or Australian Business Number (ABN) and the name and contact details of any or all directors, partners or proprietor and applicable sales representatives
- details about representatives of franchisees as set out below, including the franchisee's store manager, onsite pool technician and any employee who deals with confidential information
- email address
- credit card or bank details
If you are a director, partner, proprietor, guarantor or covenantor of a franchisee or a prospective franchisee, in addition to the above personal information:
- your date of birth
- your passport number if attending the annual Clark Rubber Conference that is held outside Australia
- information submitted as part of your franchisee application, including information contained in any profiling assessment or survey
- your business trade references and other financial information such as information about your assets and liabilities, and information from company searches, personal name searches or ITSA bankruptcy searches; and
- any other information contained in the Clark Rubber Personal Information Form or any other documentation
If you are a director, partner, proprietor or officeholder of a supplier, in addition to the above general personal information, your date of birth; and
If you are a customer of Clark Rubber or a Clark Rubber franchisee, in addition to the above general personal information:
- your swimming pool details, including, type, size and system used (eg salt or chlorine)
- details of your purchases and other dealings with us; and
- some of your interests, likes and dislikes in relation to our products and services
We collect hold, use and disclose personal information about you so that we can:
- process your transaction and provide our swimming pool foam and rubber products and services to you;
- provide a variety of personalised services to you;
- assess your eligibility for, and provide you with, a trade credit account;
- deliver our products to you;
- assess applicants to become franchisees;
- manage the franchise relationship, including to direct debit fees for service specified in the franchise agreement and to enter into various agreements (including but not limited to direct debit authority, confidentiality, non-compete or supply agreements) with you, book group travel and accommodation for you at the annual Clark Rubber Conference;
- otherwise run our business.
We may also collect credit card details from you in order to process a payment where you have nominated that you wish to pay your account/tax invoice by credit card.
You have the right to refuse to provide us with personal information. However, if you decide to do so, we may be unable to process your transaction, provide a personalised service to you, inform you of other products and services that may be of interest to you, or deliver your products to you.
We may also collect, hold, use or disclose your Personal Information:
- in accordance with any agreement you enter into with us; or
- as required or authorised by law, including without limitation the Australian Privacy Principles under the Privacy Act 1988 (Cth).
We only collect personal information by lawful and fair means. We generally collect personal information directly from you. This information will generally come from what has been provided by you in a commercial credit application, lay-by or customer order application, credit card payment authorisation form, swimming pool water testing, onsite swimming pool services, in the course of applying to be a Clark Rubber franchisee, Clark Rubber Supplier, or through our contact with you via our website, intranet, in person, by email or over the phone.
How much of your personal information that you choose to disclose to us is completely up to you.
If we receive personal information about you that we have not requested, and if we determine that we could not have lawfully collected that information under privacy law if we had requested it, we will destroy or de-identify the information, if it is lawful and reasonable to do so.
Third party collection
We may also collect personal information about you via third parties, such as when:
- a prospective franchisee discloses personal information about you to us as part of their franchisee application; or
- when a franchisee discloses personal information about you to us as part of the franchise relationship.
Your personal information may be exchanged amongst Clark Rubber companies, and between Clark Rubber and its franchisees, so that we can provide or inform you of our products and services.
We may also disclose your personal information to other organisations, for example, to:
- other franchisees in the Clark Rubber network, if you are an employee or other representative of a supplier or service provider to us;
- external service providers (including service providers that bill and deliver products purchased via our online store);
- professional advisers; and
- government or regulatory authorities, where required or permitted by law.
We seek to ensure that these organisations are bound by confidentiality and privacy obligations with respect to the protection of your personal information.
If we have collected your credit card details to process a payment, we will only use your credit card details to process the payment of the tax invoice and amount authorised by you. Unless otherwise requested by you, we will destroy your credit card details upon payment of the tax invoice and amount authorised by you in the credit card payment authorisation form.
If you are a supplier, we are unlikely to disclose your personal information to any overseas recipients.
If you are a customer of Clark Rubber or a Clark Rubber franchisee, some of your personal information may be transferred, stored, processed or used overseas by us or by third party service providers. This may happen if you are signed up to receive email updates and newsletters from us, if we outsource certain activities overseas or if transactions, information, services or products have an overseas connection. You consent to the collection, use, storage, and processing of your personal information outside of Australia.
You may request access to the personal information that we hold about you by using the contact details provided above. We will deal with requests for such access as soon as possible. If we refuse access, we will provide you with a written notice which sets out the reasons for the refusal. We may recover reasonable costs in relation to a request for access to personal information.
We seek to ensure that the personal information we collect is accurate, up-to-date and complete, and, where we use or disclose that information, also relevant. As such, we encourage you to advise us if you believe that any of the personal information we hold about you is inaccurate, out of date or incomplete, by contacting us on the details provided above.
We will deal with your request to correct your personal information as soon as possible. If we do not agree with the corrections you have requested, we are not obliged to alter your personal information accordingly. However, where we refuse to correct any personal information as requested by you, we will give you a written notice which sets out the reasons for our refusal.
We hold your personal information in paper-based and electronic files. We seek to ensure that your personal information is protected from:
- misuse, interference and loss; and
- unauthorised access, modification or disclosure.
This means that, in respect of our paper-based files, we maintain various security systems on its premises, and in respect of its electronic files, it maintains secure electronic network systems.
When we no longer require your personal information (including when we are no longer required by law to keep records relating to you), we ensure that it is destroyed or de-identified.
This section explains how we handle personal information collected from our website. If you have any questions or concerns about transmitting your personal information via the internet, you may contact us using the contact details provided above, as there are other ways for you to provide us with your personal information.
9. Cookies, Pixels, Google, AdWords, Email
When you view and interact with our website and our advertisements we may collect information regarding your browsing, usage and interactions. The information collected may include the type of internet browser and computer operating system you use, your computer’s Internet protocol (“IP” address), the URLs of the websites you visited before and after viewing an advertisement, and information related to websites and pages you are viewing.
Our cookies are used for the followings purposes:
- Personalisation of your navigation and our online advertisements to you. These cookies enable us to recognize you and remember any information you have entered during your navigation on our website (language choice, country you are browsing from, browser type). This makes your visit on our website easier as we don't ask you the same information several times during your navigation.
Third party cookies, pixels, and other similar technologies may be placed on our website:
- Analysis of our website activity. We use, pixels, cookies, in particular Google analytics cookies, and other similar technology to collect information related to the web traffic and number of visitors. These are tools that enable us to measure the performance of the navigation on our website and provide you with customised personalised marketing messages that may be of interest or relevant to you.
- To illustrate our website and/or intranet we may embed videos from YouTube. When you watch these videos, YouTube may set cookies.
You are able to opt-out and reject cookies and similar technologies by changing the settings on your browser to reject cookies.
Search Engine Marketing – Google AdWords.
When we receive emails, we will retain the content of the email and our response to you where we consider it necessary to do so.
Your email address will only be used or disclosed for the purpose for which it was provided. It will not be added to any mailing lists or used for any other purpose without your consent.
This paragraph applies to you if you are a customer of Clark Rubber or a prospective franchisee. We may use your personal information, including your contact details, to provide you with information about products and services which we consider may be of interest to you or franchising opportunities, even if you are on the Do Not Call Register. We may also provide your details to other organisations for our specific marketing purposes.
You may opt out at any time if you no longer wish to receive marketing information. In order to do so, you will need to request that we no longer send marketing materials to you or disclose your information to other organisations for marketing purposes. You can make this request by using the contact details provided above, or by "unsubscribing" from email marketing messages.
11. Questions and complaints
Once a complaint has been lodged, the Privacy Officer will respond to you as soon as possible. When you lodge a complaint with us, we collect and store on a central database your name, phone number, email address and details of the complaint in order to investigate and resolve your complaint.
You may also lodge a complaint with the Privacy Commissioner via the contact details set out at www.privacy.gov.au.