This Privacy Act Consent and Acknowledgement applies to each Customer and (where applicable) Guarantor of the Customer where the Customer has obtained possession of Goods owned or purchased by Adapt Capital or is in possession of, and using, such Goods.
Adapt Capital Pty Ltd, Adaptalift Truck Rentals Pty Ltd and Adapt-A-Lift Group Pty Ltd (“we,” “us” or “our”) respect the privacy and rights of our Customers (“you”) and are committed to protecting your privacy whilst providing quality services. This policy explains our handling practices with regard to your Personal data as well as your rights associated with your Personal Data.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
For the purpose of this Consent and Acknowledgement, the following terms have the following meaning:
Customer means the company, person(s) or business that is in possession of, and using, the Goods owned by the Supplier
Goods means any goods which are owned by the Supplier and which are in the possession of, and are being used by, the Customer
Guarantor(s) means each of the persons who have provided a personal guarantee guaranteeing the performance by the Customer of its obligations in respect of the Goods (if any)
Personal Data means any information we have obtained and collected regarding a Customer’s dealings or interactions with the Supplier, including (but not limited to) personal contact information, age/gender/date of birth, intellectual property data, credit history and score, location and whereabouts (including up-to-date data on current location), credit card or payment information, geographical areas visited, charges or any other information provided to the Customer or obtained from the Customer arising out of the possession and use of the Goods
Related Body Corporate has the meaning set out in section 50 of the Corporations Act 2001 (“Act”) and includes an Associated Entity (as that term is defined in section 50AAA of the Act)
Services means the services the Supplier has agreed to provide to the Customer from time to time, whether directly to the Customer or through a third party intermediary
Supplier means Adapt Capital Pty Ltd (ABN 88 603 052 866), Adaptalift Truck Rentals Pty Ltd (ACN 634 096 183), Adapt-A-Lift Group Pty Ltd (ACN 605 149 568) or any Related Body Corporate of the Supplier
This policy covers the Personal Data we obtain from you in connection with our Goods and other associated business and which identifies you as the entity or person in possession of, and using, the goods.
This policy does not apply or cover information that cannot be used to identify you as an entity or individual.
C. WHAT IS PERSONAL DATA AND WHY DO WE COLLECT IT?
Personal Data is information or an opinion that identifies an entity or individual or which provides or records information about your location, driving history or use of the Goods supplied to you by the Supplier. This Personal Data is obtained in many ways including, but not limited to, phone calls, customer service contacts, referrals from our customers or the manufacturer of the Goods (or their agents and dealers), mobile apps, websites, data retention or storage facilities and other sources, as well as from third parties. We don’t guarantee website links or policy of authorised third parties.
2. We collect your Personal Data for the primary purpose of providing our services to you (including the provisions of the Goods), providing information to our clients, marketing and for our own analytical purposes. We may also use your Personal Data for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. This includes (for example), where it is necessary to ensure your compliance with your obligations under any agreement that the Supplier enters with you, to track and keep details of the use of any Goods used by you and to ensure we are complying with our obligations under any applicable legislation (for example, under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the Personal Property Securities Act 2009 (Cth) and any rules or regulations made under these Acts) or where we provide information that may be of interest to you and other products and services offered by us. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
3. When we collect Personal Data we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it. You may also gain access to your Personal Data upon request, subject to any limitations imposed by the Privacy Act 1988 or the National Privacy Principles under that Act.
4. Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
(a) For the primary purpose for which it was obtained
(b) For a secondary purpose that is directly related to the primary purpose
© With your consent; or where required or authorised by law.
5. Third Parties
Where reasonable and practicable to do so, we will collect your Personal Data only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
6. Security of Personal Data
Your Personal Data is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Data is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Data. However, most of the Personal Data is or will be stored in client files which will be kept by us for a minimum of 7 years.
7. Disclosure of Personal Data
Your Personal Data may be disclosed in a number of circumstances including the following:
(a) Third parties where you consent to the use or disclosure or where the third party has an agreement with us for us to supply information (including Personal Data) to that third party;
(b) To provide you with the Goods (or any further Goods) and services that we offer and/or you request from us and for the purpose of ensuring your compliance with your obligations under any agreement in relation to such Goods (or further Goods);
© Where required or authorised by law.
We may also disclose your Personal Data to organisations to whom we outsource our mailing, financial processing, information technology, data storage and other functions that assist us in providing the services we provide. We may also provide the Personal Data to valuers, our lawyers, insurers, State and Federal Government Authorities, any intermediary who made the referral to us (including any entity having the right to possess and use the Goods), the manufacturer of the Goods (including its distributors and authorised dealers) and any entity for whom we act as agent.
8. Access to your Personal Data
You may access the Personal Data we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Data, please contact us in writing.
Adapt Capital will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Data. In order to protect your Personal Data, we may require identification from you before releasing the requested information.
9. Maintaining the Quality of your Personal Data
It is an important to us that your Personal Data is up to date. We will take reasonable steps to make sure that your Personal Data is accurate, complete and up-to-date. If you find that the Personal Data we hold is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
10. Policy Updates
This Policy may change from time to time and is available on our website.
11. Withdraw Consent or Complaints
Where we use your consent as a basis for processing or using your Personal Data, you can always withdraw that consent. If you feel that this policy has been violated by us, please tell us of the nature of the violation and we will work with you to resolve these concerns. Our contact details are set out in this Policy below.
D. PRIVACY CONSENT AND ACKNOWLEDGEMENT
By accepting the supply of the Goods from us (or any third party intermediary), you agree that we may:
1. Give Personal Data provided by you or obtained from you to any person or body referred to above and for any purpose or disclosure
2. Collect, use and disseminate any Personal Data collected from you in relation to your use of any Goods or your performance under any agreement we enter with you with respect to such Goods including (without limitation) Personal Data relating to your (or the Good’s) current location, status, maintenance schedule or other matters relating to your use and possession of the Goods.
3. Give information about you to a credit reporting body to allow that credit reporting body to create or maintain a credit information file containing information about you, including verification of information about you with the relevant issuing authority via the Commonwealth Government’s Document Verification Service. This information may include (where applicable): identity particulars (e.g. your name, address, date of birth); the fact that you have applied for credit and the amount; the fact that Adapt Capital is or may be a credit provider to you; payments which are overdue more than 60 days and for which collection action has commenced; cheques drawn by you for more than $100 which have been dishonoured more than once; advice that payments are no longer overdue; in specified circumstances, that in Adapt Capital’s opinion you have committed a serious credit infringement; that the credit provided to you by Adapt Capital has been repaid.
4. Give to and seek from your accountant and any credit providers or a credit report received from a credit reporting body information about your credit arrangements and any other information about your credit worthiness, credit standing, credit history or credit capacity (“Credit Arrangements Information”). You understand that this information may be used for the following purposes: to assess any decision to supply you the Goods; to assist you to avoid defaulting on your credit obligations; to notify and exchange information with other credit providers or any collection agent of Adapt Capital if you are in default; to assess your credit worthiness; to assess whether to accept you as a guarantor of credit applied for (if applicable).
5. Get reports from a credit reporting agency or other business that provides information about credit worthiness to enable Adapt Capital to assess any application for credit, collect overdue payments and assess whether to accept you as a Guarantor (if applicable). These reports may contain: personal information about you in relation to any application; personal credit information and commercial credit information about you in relation to an application; information about your commercial activities or credit worthiness; other information in relation to your commercial credit activities.
6. Give Credit Arrangements Information to and obtain Credit Arrangements Information from: any of the other Customers, associated individuals and entities; any guarantor or prospective guarantor of any obligations to Adapt Capital at any time; any person who has provided, provides or is considering providing financial accommodation to you or who has taken or may take any form of security from you including other related entities of Adapt Capital and any entity for which Adapt Capital may be acting as agent; any registered trade insurer providing insurance to us, the persons and entities referred to in Part C of this Section; and any legal or financial adviser of a person referred to in this paragraph.
7. Request a registered trade insurer to obtain a credit report about you from a credit reporting body to assess whether to provide trade insurance to Adapt Capital in relation to the supply of the Goods to you.
Adapt Capital Pty Ltd / Adaptalift Truck Rentals Pty Ltd / Adapt-A-Lift Group Pty Ltd
Suite 3, Level 1, 801 Glenferrie Road
HAWTHORN VIC 3122
1800 851 281