Privacy
Policy & Collection Statement
Introduction
1. This Privacy Policy is the official
privacy policy of Medigas Pty Ltd ("Medigas").
It applies to all personal information collected by Medigas, including via www.medigas.com.au
and any related Medigas website, social media page, internal website or
intranet (each a Website);
any Medigas mobile or table application (each an Application); and from
an individual via any other means, including physically or electronically
(together, the Collection
Channels).
2. In this policy we explain how and why
we collect your personal information, how we use it and disclose it, and what
controls you have over our use of it. We appreciate that you may have certain
concerns about how your personal information is collected, used and shared. We
can assure you that we will always handle your personal information securely
and carefully. Among other things, we comply with all applicable Australian
privacy laws including the Australian Privacy Principles.
3. In addition to the provisions of this
Privacy Policy, there may also be specific and additional privacy and consent
provisions that apply to certain Collection Channels. Because those specific
and additional provisions also relate to your privacy protection, we recommend
that you review them wherever they appear. In the event of any inconsistency
between the provisions of this Privacy Policy and those other specific and
additional provisions, the specific and additional provisions will prevail.
Anonymity and Pseudonymity
4. You have the option of dealing with Medigas
anonymously. However, this only applies where it is practicable for Medigas to
deal with you acting anonymously or under a pseudonym, such as a general
enquiry.
Collection of Information
5. Throughout this privacy policy we refer
to “personal information”, which means information or an opinion about an
identified individual, or an individual who is reasonably identifiable, whether
the information or opinion is true or not and whether the information or
opinion is recorded in a material form or not. Your first and last name, date
of birth, gender, home address, contact telephone number, mobile telephone
number, email address and employment details are examples of information which
may constitute personal information. Personal information may also include
information we may collect about your individual preferences.
6. Some information provided to us by
customers, contractors and other third parties might be considered to be
personal information. We will only collect such personal information if it is
necessary for one of our functions or activities. The kinds of personal
information that Medigas collects are set out below.
Information
that you provide to us
7. We collect personal information that
you provide directly to us, such as when you make a purchase, make an enquiry, register
for an account or enter a competition or promotion. This may include:
a.
your name;
b.
your contact details including your email address, delivery address, phone
number and social media handles;
c.
more detailed contact preferences;
d.
information regarding your experiences with our products and services;
e.
employment and company information such as the name of your employer; and
f.
financial information including credit card and payment details.
8. Financial information that is collected
via the website is used by Medigas to bill you for products and services. Any
financial information that is collected is for the purpose of transaction
approval and funds transfer. The financial information we collect from you is
kept securely and held on secure servers in controlled facilities.
Information
that we collect from your use of our Websites and Application
9. When you use a Website or Application,
we may also collect personal information about you in the following general
categories:
a.
Location information: if you permit a Website or Application to access location
services through the permission system in your mobile device, we may collect
the precise location of your device.
b.
Transaction information: we collect your transaction details when you place an
order, including the products you have ordered, the date and time of your order
and the amount charged.
c.
Usage and preferences: We collect information about how you interact with our
Websites or Applications, including the pages you visit, your preferences and
settings that you choose. We may do this through the use of cookies and other
similar technologies that uniquely identify you.
d.
Device information: We may collect information about your device such as the
hardware model, operating system, preferred language, unique device identifier
and mobile network.
e.
Other information: We may also collect and log information such as your IP
address, access dates and times, browser type and pages visited when you
interact with a Website or Application.
Information
that we collect from third parties
10. In addition to the information listed
above, in some cases we may collect personal information about you from
legitimate third-party sources including social media sites and list broker and
other data providers that share data in circumstances where it is lawful and/or
they have your permission to do so. This may include:
a.
When you choose to create an account or register for a product or service via a
Website or Application using a social media platform such as Facebook;
b.
When a third party has your consent to disclose your personal information to
us, such as when you enter a competition or promotion administered by a third
party on our behalf;
c.
When it is otherwise lawful for a third-party to disclose your personal
information to us, such as when we access purchasing information through our
business partners or are provided data by a list broker; and
d.
If you apply for credit, we may collect information about your credit history.
How Medigas collects, uses and discloses personal
information
11. At or before the time the personal
information is collected by us via a particular Collection Channel, we will
take reasonable steps to provide you with a collection statement to ensure that
you are made aware of who we are, the fact that you are able to gain access to
the information held about you, the purpose of the collection, the type(s) of
organisations to which we usually disclose the information collected about you,
any laws requiring the collection of the information and the main consequences
for you if all or part of the information is not collected. We will not collect
or monitor any personal information about you without your consent, included as
provided in this privacy policy.
Active
information collection
12. In particular, Medigas will collect
your personal information from you in the following situations:
a.
If you contact Medigas, we may keep a record of that correspondence;
b.
When you participate in any offers, promotions or marketing activities.
c.
When you apply for and/or establish and/or access an account or order a
product;
d.
When you conduct certain types of transactions such as cheque purchases or
refunds;
e.
When you submit your e-mail address via a Website or Application or provide us
with personal information via any medium, including a Website or Application;
f.
When you place an order via a Website or Application to purchase goods, in
which case we may require you to provide us with contact information including
your name, address, telephone number or email address and financial information
(such as credit card details);
g.
When you interact with a Website or Application for a specific purpose; and
h.
When you use or browse a Website or Application generally.
Cookies
and Passive Information Collection
13. As you navigate through our Websites
and access our Applications, certain information can be passively collected
(that is, gathered without your actively providing the information) using
various technologies, such as cookies, Internet tags or web beacons, and
navigational data collection (log files, server logs, and clickstream data).
For example, we may collect information about matters including but not limited
to the date, time and duration of visits and which pages of a Website or
Application are most commonly accessed. This information is generally not
linked to the identity of visitors, except where a Website or Application is
accessed via links in an email or another electronic message we have sent or
where we are able to uniquely identify the device or user accessing a Website
or Application, such as when you are logged into an account.
14. We may combine your anonymous or
personal visitor session information or other information collected through
tracking technologies with other personal information collected from you from
time to time via our Collection Channels, in order to understand and measure
your online experiences and to determine what products, promotions and services
are likely to be of interest to you. By accessing a Website or Application via
links in an email we have sent and/or by accessing a Website or Application
where you have identified yourself, you consent to the collection of such
information where it is personal information.
Platform
and Browser Permissions
15. You can set your browser to accept all
cookies, to reject all cookies, or to notify you whenever a cookie is offered
so that you can decide each time whether to accept it. To learn more about
cookies and how to specify your preferences, please search for
"cookie" in the "Help" portion of your browser. 16. Mobile
platforms such as iOS and Android generally define certain types of information
or data that applications cannot access without your consent. Each platform has
its own permissions system for obtaining your consent. For example, the iOS
platform generally alerts you the first time an Medigas Application wants
permission to access certain types of data, such as location services, and will
let you choose whether or not to consent to that request. Android devices will
generally notify you of the permissions that an Medigas Application seeks
before you first use the Application, and your use of the Application
constitutes your consent. For iOS devices, you can generally manage your
platform level permissions via the Settings section on your device. For Android
devices, you can generally manage your platform level permissions.
Use of information collected and disclosure of personal
information to others
16. We collect such personal information so
that we can provide you with a great service. We also need this information to
deliver products and services to you, to complete transactions on your behalf
and to better understand your requirements and preferences. Personal
information collected will be used for the following primary purposes:
a.
For the purposes stated on a particular Collection Channel;
b.
To maintain the functionality of a Website, including the provision of
c.
To fulfil obligations in respect of any upload terms of use, sale and
d.
To send you any technical, administrative or legal notices important to
e.
To provide you with information about your transactions (including
f.
To provide marketing materials, events, special offers, competitions
information to you relating to the content available on the Website and
e-commerce transactions conducted via the Website; purchase contract and/or any
other contract between you and Medigas; our Websites or Applications; uploading
of, access to, and receipt of, content on a Website or Application and purchase
transactions undertaken on a Website or Application) and about content,
services and products; and promotions via any medium including mail, telephone,
email, SMS or any other form of electronic, emerging, digital or conventional
communications channel;
g.
To maintain our relationship with you;
h.
To respond to enquiries;
i.
To manage your employment with Medigas;
j.
To obtain opinions or comments about products and/or services and to conduct
other market research and development (including to record statistical data for
marketing analysis);
k.
to enter you into and administer promotions;
l.
to combine with other personal information we hold about you and to assess
which of our products and services are most likely to be of interest to you;
our Websites or third-party websites;
m.
to provide you with relevant advertising materials when you browse
n.
to provide, maintain and improve our products and services;
o.
to customise a Website or Application based on your preferences; and
p.
to share with trusted third parties including professional service
q.
to share with your social media communities, to the extent allowed by
17. For the purposes described above,
personal information may be shared with our group companies, promotional
partners and other trusted third parties either in Australia or overseas
including the United States of America, Singapore, and Japan.
18. Failure to provide personal information
may result in Medigas being unable to provide you with the products or services
requested by you, provide you with certain content, information, upcoming
promotion, event or product information and/or accept promotion entries (where
applicable).
19. In order to operate a Website or
Application or deliver a product or service (including for example, processing
of credit card payments), personal information may also be shared with our
group companies, selected service providers and/or other trusted third parties.
Our group companies, selected service providers and/or other trusted third
parties may be engaged to perform providers and promotional partners and other
trusted third parties in the manner described in this Privacy Policy; and you.
a
variety of functions, such as data storage, fulfilling orders, conducting
market research, processing credit card payments, assisting with promotions and
providing technical services for our Websites. These companies may have access
to personal information if needed to perform such functions. However, these
companies may only use such personal information for the purpose of performing
that function and may not use it for any other purpose.
20. We may use or disclose personal
information held about an individual for the primary purpose for which it is
collected - that is, to carry on our business and provide services to our
customers. We may also use such information for a purpose related to the
primary purpose of collection and where you would reasonably expect that we
would use the information in such a way (e.g. major delivery companies, mail
houses and third-party fulfilment contractors). This information is only
disclosed to persons outside our business in the circumstances set out in this
policy or as otherwise notified to you at the time of collection of the
information, or with your permission.
21. In addition, we are permitted to use or
disclose personal information held about you:
a.
Where you have consented to the use or disclosure;
b.
Where we reasonably believe that the use or disclosure is necessary to lessen
or prevent a serious, immediate threat to someone's health or safety or the
public's health or safety;
c.
Where we reasonably suspect that unlawful activity has been, is being or may be
engaged in and the use or disclosure is a necessary part of our investigation
or in reporting the matter to the relevant authorities;
d.
Where such use or disclosure is required under or authorised by law (for
example, to comply with a subpoena, a warrant or other order of a court or
legal process);
e.
Where we reasonably believe that the use or disclosure is necessary for
prevention, investigation, prosecution and punishment of crimes or wrongdoings
or the preparation for, conduct of, proceedings before any court or tribunal or
the implementation of the orders of a court or tribunal by or on behalf of an
enforcement body; and
Sensitive Information
22. Medigas will only collect sensitive
information with your consent. Where you provide us with sensitive information
(such as information about your health) via any means, we will only use this
information to serve your particular needs.
Children
23. Personal information will not be
collected by any person who is known by Medigas to be under the age of eighteen
without the consent of a parent or legal guardian. Persons under age eighteen
may only provide personal information with the involvement and consent of a
parent or legal guardian.
Direct Marketing
24. Medigas and our promotional partners or
trusted third parties either in Australia or overseas, may contact you via
telephone, SMS (Short Message Service), MMS (Multimedia Messaging Service), IM
(Instant Messaging), email, post or any other form of electronic, emerging,
digital or conventional communications channel using the information provided
in order to contact you in respect of the primary purposes for collection of
personal information as stated above.
25. Medigas does not send advertising or
marketing information without obtaining prior consent, for example the consent
contained within this Privacy Policy. If you receive communications from us
which you do not wish to receive, you may remove your name from the database
either by utilising the functional unsubscribe facility (if the communication
is via commercial electronic message) or by contacting us via the contact
details in this Privacy Policy. Please allow 30 days for this request to be
processed.
26. Despite removing your name from the
database from receiving future advertising and marketing information, we may
send you non-commercial “Administrative Emails”. Administrative Emails relate
to your user account and may include administrative and transaction
confirmations, requests and inquiries or information about a particular user
account. If you do not wish to receive such communications, you may remove your
name from the database by utilising the functional unsubscribe facility.
Other sites
27. Our Websites may, from time to time,
contain links to the websites of other organisations which may be of interest
to you. Their inclusion cannot be taken to imply any endorsement or validation
by us of the content of the third-party website. Linked websites are
responsible for their own privacy practices and you should check those websites
for their respective privacy statements. Medigas is not responsible, nor does
it accept any liability, for the conduct of companies linked to our Websites.
Security and storage
28. We will take all reasonable steps to
store your personal information securely. After all, it is in our interests to
make sure you feel confident shopping with us.
29. Only authorised team members in our
Customer Service Centre and in Marketing, Stores, Finance and IT have access to
our customers' personal information. Their access is subject to strict controls
and procedures.
30. Our e-commerce sites use a security
measure called Secure Sockets Layer (SSL) technology. SSL locks all your
critical information in an encrypted envelope, making it extremely difficult
for this information to be intercepted. Our SSL technology is the industry
standard in Internet security. 32. No data transmission over the Internet can
be guaranteed to be 100 percent secure. As a result, while we strive to protect
users' personal information, Medigas cannot ensure or warrant the security of
any information transmitted to it or from its online products or services, and
users do so at their own risk. Once Medigas receives your transmission, it
makes every reasonable effort to ensure its security on our systems.
31. Personal information is de-identified
or destroyed securely when no longer required by us.
32. Medigas retains the information you
provide to us including your contact and credit card
33. details to enable us to verify
transactions and customer details and to retain adequate records for legal and
accounting purposes. This information is held on secure servers in controlled
facilities.
Access to and correction of personal information
34. Medigas is committed to and takes
reasonable steps to maintain accurate, timely, relevant, complete and
appropriate information about our customers and website users.
35. You may request access to personal
information about you held by Medigas. Requests for access to your personal
information should be made to:
Medigas
– Administrative Team
11 Mercedes Drive
Thomastown, VIC 3074
AUSTRALIA
Telephone: 03 9436 6666
11 Mercedes Drive
Thomastown, VIC 3074
AUSTRALIA
Telephone: 03 9436 6666
36. Verification of identity is required
with a request to access (or update) personal information so that we can ensure
your personal information is disclosed only to you.
37. Inaccurate information will be
corrected upon receiving advice from you.
38. If we refuse to provide you with access
to or correct the personal information held about you by us, then we will
provide reasons for such refusal.
39. Medigas will respond to any requests
for access or correction within a reasonable time of receipt of the request.
40. Medigas is not responsible for removing
your personal information from the lists or databases of any third party who
has previously been provide your information in accordance with this privacy
policy.
Complaints
41. If you have a question or complaint
about our Privacy Policy or Medigas' collection, use, disclosure or safe
disposal or destruction of your personal information, your feedback should be
directed in the first instance to Medigas Administration Team at the contact
details set out in this policy.
42. We will promptly investigate your
complaint and attempt to resolve the matter. If you are not satisfied with the
outcome of this procedure or we have not responded to you with a determination
within a reasonable period of time then you may contact the Office of the Australian
Information Commissioner.
Changes to Privacy Policy
43. If Medigas decides to or is required to
change this Privacy Policy, it will post changes on this Medigas Privacy Policy
page so that users are always aware of what information is collected, how it is
used and the way in which information may be disclosed.
Sale of the Company
44. If Medigas merges with, or is acquired
by, another company, or sells all or a portion of its assets, your personal
information may be disclosed to our advisers and any prospective purchaser's
adviser, and may be among the assets transferred. However, personal information
will always remain subject to this privacy policy.
Acceptance
45. You accept that your use of this site
includes your acceptance of this Privacy Policy and the Terms of Use.