Privacy Statement
1. Data Collection
Smarter Components undertakes to collect Your Data by means that are:
- fair;
- legal; and
- transparent.
If you visit Smarter Components's web-site, your web-browser automatically
discloses, and Smarter Components's web-server automatically logs, the following
information: the date and time, the IP address from which you issued the request,
the type of browser and operating system you are using, the URL of any page that
referred you to the page, the URL you requested, and whether your request was successful.
This data may or may not be sufficient to identify you.
Any additional data that you provide, e.g. in a web-form, may also
be logged. This data may or may not be sufficient to identify you.
Any additional data that your web-browser automatically provides
may also be logged. This will be the case, for example, if your browser has previously
been requested to store data on your computer in 'cookies' and
submits them each time you request a web-page within a particular domain (such as
Smarter Components.com). This data may or may not be sufficient to identify you.
If you disclose personal data to Smarter Components in conjunction with an identifier
such as your name or your credit-card details, Smarter Components will
collect Your Data. Moreover, any data that becomes available to Smarter Components
through any of the means described in the preceding paragraphs may be able to be
associated with that identifier, and hence become Your Data.
Subject to the qualifications immediately below, Smarter Components undertakes to
collect Your Data from you and not from other parties. This undertaking
is qualified as follows:
- where Smarter Components reasonably considers that the protection of its financial
interests requires that it gather YourData from other sources, or from additional
sources. This applies in particular where Smarter Components has a lending exposure
to you, and seeks information about your creditworthiness;
- where Smarter Components reasonably considers that its capability to deliver quality
services to you will be materially enhanced by gathering YourData from other sources.
This applies in particular to consumer profile data.
Where Smarter Components collects Your Data from sources other than you,
it undertakes:
- to do so only by legal means;
- to do so only with your Consent; and
- to declare to you what sources it uses, and under what circumstances.
Smarter Components undertakes to declare the purpose of collection
in a manner which is clear and meaningful, and to avoid vague, highly inclusive
statements such as 'to support our operations'.
2. Data Security
Smarter Components undertakes to store Your Data in a manner that
ensures security against unauthorised access, alteration or deletion, at a level
commensurate with its sensitivity.
Smarter Components undertakes to store Your Data only in jurisdictions
where data protections are at least equivalent to those required under the OECD
Guidelines.
Smarter Components undertakes to transmit Your Data in a manner
that ensures security against unauthorised access, alteration or deletion, at a
level commensurate with its sensitivity.
Smarter Components undertakes to implement appropriate measures to ensure security
of Your Data against inappropriate behaviour by Smarter Components's staff-members
and contractors. These include:
- training for staff in relation to privacy;
- access control, to limit access to Your Data to those staff and contractors who
have legitimate reasons to access it;
- particularly in the case of sensitive data, audit trails of accesses, including
the identities of staff and contractors accessing the data;
- reminders to staff and contractors from time to time about the importance of data
privacy, and the consequences of inappropriate behaviour;
- declaration of appropriately strong sanctions that are to be applied in the event
of inappropriate behaviour;
- clear communication of policies and sanctions; and
- processes to audit, to investigate and to impose sanctions.
3. Data Use
Use refers to the application of Your Data by any part of Smarter Components, or
any staff-member or contractor of Smarter Components in the course of their work.
Smarter Components undertakes to use Your Data only for:
- the purposes for which it was collected;
- such other purposes as are subsequently agreed between Smarter
Components and You;
- such additional purposes as may be required by law. In these circumstances, Smarter
Components will take any reasonable steps available to it to communicate to You
that the use has occurred, unless it is precluded from doing so by law; and
- such additional purposes as are authorised by law (in particular
to protect Smarter Components's interests, e.g. if it believes on reasonable grounds
that You have failed to fulfil your undertakings to Smarter Components or have committed
a breach of the criminal law).
Smarter Components undertakes to use YourData only if it has demonstrable relevance
to the particular use to which it is being put.
Smarter Components undertakes to use YourData in such a manner as to take into account
the possibility that it is not of sufficient quality for the purpose,
e.g. because it is inaccurate, out-of-date, incomplete, or out-of-context.
4. Data Disclosure
Disclosure refers to making YourData available to any party other than Smarter Components
and You. The term disclosure may include many different conditions of data transfer,
including selling, renting, trading, sharing and giving.
Smarter Components undertakes to disclose Your Data only under the following circumstances:
- in the course of business being conducted between You and Smarter Components,
where disclosure is necessary to a contractor, such as a transport company. Where
Your Data is disclosed in this way, Smarter Components undertakes to exercise control
over Smarter Components's contractors to ensure that their actions are compliant
with these Terms;
- in other circumstances that are directly implied by the purpose agreed between
You and Smarter Components at the time of data collection or subsequently.
Where Your Data is disclosed in this way, Smarter Components undertakes to exercise
control over Smarter Components's contractors to ensure that their actions are compliant
with these Terms;
- with your consent, or at your request;
- where required by law, such as a provision of a statute, or a court
order such as a search warrant or sub poena. In these circumstances, Smarter Components
will take any reasonable steps available to it to communicate to You that the disclosure
has occurred, unless it is precluded from doing so by law;
- where permitted by law (e.g. the reporting of suspected breach
of the criminal law to a law enforcement agency; and in an emergency, where Smarter
Components believes on reasonable grounds that the disclosure of YourData will materially
assist in the protection of the life of health of some person), provided that Smarter
Components will apply due diligence to ensure that the exercise of the permission
is justifiable.
In all cases, Smarter Components undertakes to disclose only such of Your Data as
is necessary in the particular circumstances.
5. Data Retention and Destruction
Subject to the qualifications immediately below, Smarter Components undertakes:
- to retain Your Data only as long as is consistent with its purpose;
and
- to destroy Your Data when its purpose has expired, and to do so
in such a manner that Your Data is not subsequently capable of being recovered.
This undertaking is qualified as follows:
- Your Data may be retained in Smarter Components's logs, backups and audit
trails within short-term retention cycles that are devised to protect the
company's operations. In such cases, Your Data will be destroyed in accordance with
those cycles;
- Your Data may be retained beyond the expiry of its purpose if that is required
by law, such as a provision of a statute, or a court order such as a search
warrant or sub poena, or a warning by a law enforcement agency that delivery of
a court order is imminent. In these circumstances, Smarter Components:
- will take any reasonable steps available to it to communicate to You that Your Data
is being retained, unless it is precluded from doing so by law; and
- will only retain Your Data while that provision is current, and will then destroy
Your Data;
- Your Data may be retained beyond the expiry of its purpose if it is authorised
by law (in particular to protect Smarter Components's interests, e.g. if
it believes on reasonable grounds that You have failed to fulfil your undertakings
to Smarter Components or have committed a breach of the criminal law). In these
circumstances, Smarter Components will only retain Your Data while that situation
is current, and will then destroy Your Data.
6. Access by You to Your Personal Data
Smarter Components undertakes to provide you with access to Your
Data, subject to only such conditions and processes as are reasonable in the circumstances.
In particular, Smarter Components undertakes to enable access:
- conveniently;
- without unreasonable delay; and
- without cost.
Smarter Components undertakes to establish and operate identity authentication
protections for access to Your Data that are appropriate to its sensitivity,
but practical. This may involve some inconvenience; for example, relatively straightforward
procedures may be involved in order to provide you with access through a channel
that you have previously registered with Smarter Components (such as a particular
email-address), but may impose more onerous procedures if you wish to use some other
channel.
You undertake:
- not to seek access for frivolous purposes, or unreasonably frequently;
- to accept that deletion of some data may not be consistent with the provision of
particular services by Smarter Components to you.
7. Information about Data-Handling Practices
Smarter Components undertakes to make information available to you about the manner
in which Smarter Components handles your data:
- in general terms, in a readily accessible manner; and
- in more specific terms, on request.
Where Your Data is disclosed to a contractor, Smarter Components undertakes to make
information available to you on request about the manner in which Smarter Components's
contractors handle your data.
Smarter Components undertakes to ensure that the information provided is meaningful,
and addresses your concerns.
You undertake:
- not to seek such information for frivolous purposes, or unreasonably frequently;
and
- to accept that the disclosure of excessive detail may harm the security of Your
Data and Smarter Components's business processes, and may harm Smarter Components's
commercial interests.
8. Handling of Enquiries, General Concerns and Complaints
If you have enquiries, general concerns, or complaints about these Terms, or about
Smarter Components's behaviour in relation to these Terms, you undertake:
- to communicate them in the first instance:
- to Smarter Components only;
- in sufficient detail;
- through a channel made available by Smarter Components for that purpose;
Smarter Components undertakes:
- to provide one or more channels for communications to Smarter Components,
which are convenient to users;
- to promptly provide acknowledgement of the receipt of communications,
including the provision of a copy of the communication, the date and time it was
registered, and Smarter Components's reference-code for the communication;
- to promptly provide a response to the communication, in an appropriate
and meaningful manner.
You further undertake to not pursue Smarter Components through any Regulator
or the media:
- until and unless Smarter Components has had a reasonable opportunity to respond
to the initial communication; and
- while Smarter Components and you remain are conducting a meaningful dialogue about
the matter.
9. Enforcement
Smarter Components declares that its undertakings in these Terms are intended to create legal obligations, and that those obligations are intended
to be enforceable under appropriate laws in appropriate jurisdictions. These include laws relating to data protection, privacy, fair trading, corporations and criminal laws.
You undertake to seek enforcement only in a jurisdiction that is relevant to the transactions that have taken place between You and Smarter Components, in particular the jurisdiction in which you live or in which you performed the relevant acts, and the jurisdiction in which Smarter Components is domiciled or performed the relevant acts.
If you wish to discover the relevant laws in any particular jurisdiction,
Smarter Components draws your attention to the following resources:
10. Changes to These Privacy Undertakings
Smarter Components undertakes:
- not to materially change these Terms in a manner that reduces the protections for Your Data;
- to take all possible steps to prevent any company that acquires this company or any of its relevant assets from materially changing the Terms applicable to Your Data in a manner that reduces the protections for Your Data;
- where it is considering making changes to these Terms, or creating more specific Terms relating to specific services, to consult with appropriate representative and advocacy organisations;
- where it makes changes to these Terms, to ensure that the differences between successive versions are readily accessible;
- to maintain all prior versions of these Terms in such a manner that they are dated, and readily accessible.
11. Definitions
Smarter Components means Smarter Components Pty Ltd.
Your Data means data that is capable of being associated with you, whether or not it includes an explicit identifier such as your name or customer number. In particular, it encompasses all data that Smarter Components is capable of correlating with you, using such means as server-logs and cookie-contents.
Your Data does not
refer to data that can no longer be associated with you. This includes aggregated data that does not and cannot identify the individuals whose data are included in the aggregation.
Consent means your concurrence with an action to be taken by Smarter Components. Consent may be express or implicit, but in either case must be informed and freely-given.
This Privacy Statement accurate as at 10 March 2006.
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