Breathalyser Sales & Service Pty Ltd (“Breathalyser”) ABN 14 001 901 622 is bound by the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) (“Privacy Act”).
Breathalyser has adopted all principles set forth in the Australian Privacy Principles that govern the collection, use, disclosure, quality, security, access and correction of personal information. “Personal information” means any information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information is true or not and whether the information or opinion is recorded in a material form or not.
Breathalyser collects personal information when we provide our services to you and our clients. Breathalyser usually collects personal information such as your name, address, telephone numbers, email, financial information, credit information and, in some instances, your date of birth. Generally Breathalyser will tell you why we are collecting information, when we collect it and how we plan to use it or this will be obvious at the time of collection. Breathalyser collects the information of our employees, our clients, customers of our clients, employees of our clients, business contacts and contractors.
Breathalyser usually collects personal information directly from you although sometimes we may use agents or service providers to do this for us. Breathalyser may also acquire lists from other sources, both from other companies and from public documents.
We may also collect sensitive information about an individual, which includes healthcare information, medical records and drug test information. We will not collect sensitive information about an individual unless the individual consents to the collection of the information and the information is reasonably necessary for one or more of our functions or activities, or as permitted or required under law.
We will not use sensitive information collected from an individual the purpose of any direct marketing unless you have consented to the use or disclosure of the sensitive information for that purpose.
Use of Information
Breathalyser uses personal information collected from you to provide our services to you, to fulfil administrative functions associated with these services, for example billing, to enter into contracts with you or third parties and for direct marketing and client relationship purposes.
We will not use or disclose personal information for a purpose other than:
• a purpose you would reasonably expect;
• a purpose required or authorised by law;
• a purpose for which we have otherwise sought your consent.
When you are online, Breathalyser collects information regarding the pages within our network which you visit and what you click on.
Disclosure of Personal Information
Breathalyser does not disclose personal information that it holds about clients or recipients to third parties without their consent, unless permitted under the Privacy Act 1988 (Cth) or otherwise required by law. Breathalyser respects the privacy of users visiting our website and does not share any personally identifiable information with any third parties.
Breathalyser may disclose limited personal information to local or overseas agents for the purposes of direct marketing. The countries outside of Australia where we are likely to disclose your personal information include the USA and UK. Breathalyser will obtain your consent or provide you fair warning if we are to disclose your personal information to an overseas recipient.
Use of Aggregate Data
Breathalyser may collect certain non-personal information to optimise our goods and services including our web pages for your computer (e.g. the identity of your Internet browser, the type of operating system you use, your IP address and the domain name of your Internet service provider). Breathalyser may use such non-personal information for internal purposes, including but not limited to improving the content of our sites.
Breathalyser may use personally identifiable information in aggregate form to improve our goods and services including our web sites and make them more responsive to the needs of our customers.
Breathalyser only uses personal information necessary to perform the Services requested. Occasionally, Clients provide more personal information than is necessary for that purpose (for example, providing us with a name, street address and e-mail address, when only the name and e-mail address are necessary). In such cases, Breathalyser identifies and utilises the required data. The rest of the data remains secure and unused until it is destroyed or returned to the Client, upon request. Breathalyser only stores personal information when specifically requested to do so by the Client, or as part of standard back-up/archiving process. All archived files are stored in a secure facility.
Breathalyser utilises reasonable and appropriate protections to ensure that personal information in its care is not misused, interfered with or lost or accessed or modified without proper authorisation. Access to personal information stored on Breathalyser servers is restricted to those employees or contractors who require such access to perform a legitimate business purpose relating to the Services, maintenance, internal security or other related issues. All Breathalyser employees and contractors, as a prerequisite for employment, are required to sign a strict and detailed confidentiality agreement in relation to the personal information that they will have access to.
When your personal information is no longer needed, and Breathalyser is not required by or under any law or an order of a court or tribunal to retain the information, Breathalyser will take such steps that are reasonable in the circumstances to destroy or de-identify the information.
Breathalyser stores data securely on servers based in Australia. It is unlikely that Breathalyser will disclose information overseas unless it is at you consent and to a location that you have nominated. In the course of electronic communications, Breathalyser or our agents may electronically deliver information requested by you to nominated email accounts or websites where their data may not be stored in Australia. If this is of concern to you please check your nominated delivery address.
Please be aware that when you access electronic communications from Australia, that the data may be stored on an overseas server. Where your nominated electronic delivery address stores data overseas, Breathalyser expects that you will be aware of this and have knowingly consented to the communication being delivered overseas.
Where Breathalyser communicates personal information to our agents or our service providers through a server that is overseas, Breathalyser will only do so where we have your consent, where we are expressly allowed through other means or where we hold a reasonable belief that the recipient is subject to a law, binding scheme or contract which effectively upholds the principles for the fair handling of the information that are substantially similar to our obligations under the Australian Privacy Principles.
Correction of Personal Information
Breathalyser takes reasonable steps to ensure that all personal information it holds is accurate, complete and up to date. Clients and other individuals should also promptly notify Breathalyser if any personal information that Breathalyser hold about them is incorrect or out of date. We will take reasonable steps to ensure that the personal information which we hold remains accurate and, if you advise us of a change of details, we will amend our records accordingly.
Access to Personal Information
Individuals may request access to the personal information that Breathalyser holds about them Breathalyser’s Privacy Officer at the contact details set out in section 16 below. Breathalyser will respond to the request for access within a reasonable period after the request is made and give access to the information in the manner requested by the individual, if it is reasonable and practical to do so, or in a way that meets the needs of Breathalyser and the individual. Breathalyser may charge its reasonable costs in responding to a request for access to personal information. If Breathalyser refuse to give access to any personal information Breathalyser will provide the individual with a written statement that sets out the reasons for the refusal and how the individual may complain about the refusal.
Individual Recipients seeking access to their personal information that Breathalyser has received from its Clients should contact the Client directly. Breathalyser is happy to provide access to such personal information, to any interested Recipient upon request, providing appropriate identification is made available and the Client consents to the release of the information.
Individuals seeking to remove themselves from future messages sent from Breathalyser, including any direct marketing, should follow the instructions found within the sent message. After the opt-out request is processed, a final message is sent to the recipient confirming the address removal. Breathalyser requirements state that all client messages sent to recipients must contain contact information at the beginning or end of the message.
Online Links to Third Party and Co-Branded Sites
Review of Compliance
Knowing your Privacy Rights
You may interact with us anonymously where this is lawful and practicable.
You have the right to request access to the personal information you provide, and to correct or update your personal information. This right is subject to certain exceptions allowed by law.
You may instruct us to remove any previous consent you provided to receive marketing communications from us as set out in section 12 above.
You can obtain further general information about your privacy rights and privacy law from the Office of the Australian Information Commissioner ("OAIC") by:
• calling their Privacy Hotline on 1300 363 992
• visiting the official web site at www.privacy.gov.au