1. Your rights in relation to privacy
Cloud Zen Australia Pty Ltd (Cloud Zen) understands the importance of protecting the privacy of an individual’s personal information and is committed to protecting your privacy.
This statement sets out how Cloud Zen aims to protect the privacy of your personal information, your rights in relation to your personal information managed by Cloud Zen and the way Cloud Zen collects, holds, uses and discloses your personal information. This policy statement may be updated from time to time.
In handling your personal information, Cloud Zen will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles in the Privacy Act. To the extent Cloud Zen handles your credit related personal information, Cloud Zen will also comply with the Credit Reporting Code as registered with the Australian Information Commissioner.
2. What kinds of personal information does Cloud Zen collect?
Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of its services, Cloud Zen may collect your personal information.
Generally, the kinds of personal information Cloud Zen collects are:
- contact and identification information such as your name and previous names, address and previous addresses, telephone number, email address, facsimile number, date of birth, gender
- employment information such as your current and previous places of employment;
- banking details and/or credit card details where necessary to facilitate direct debit payments;
- information about your computer hardware and software, including IP addresses, domain names, access times and accessed website addresses to the extent this information constitutes personal information;
- credit information, where relevant to Cloud Zen’s assessment of an application to become a Cloud Zen authorised reseller, including where you have applied to guarantee any payments under such a dealer account, being credit-related personal information lawfully created and accessible within the Australian credit reporting system including:
- identification information;
- consumer credit liability information which includes information about credit providers and credit accounts, including the dates on which the accounts are opened and closed, their terms and conditions (or changes to the terms and conditions) and the maximum limit of credit available under an account;
- information about your repayment history, including whether you have made payments when due, and if not, when overdue payments have been made;
- whether you have defaulted on a payment (ie. a payment that is at least 60 days overdue and over $150 in value);
- whether you have paid any amount previously reported as being in default;
- information about any debt collection activities which is carried on by any mercantile agents.
- information about other credit providers having sought credit-related information about you from a credit reporting body;
- information about the types of consumer or commercial credit, and the amounts of credit, you have sought in an application;
- information about court proceedings that relate to credit provided to you or for which you have applied;
- information regarding your land title holdings and valuations of such land;
- personal insolvency information about you;
- publicly available information relating to your credit worthiness;
- information about a credit provider’s opinion that you have committed a serious credit infringement in relation to consumer credit provided by that credit provider to you;
- any other information lawfully obtainable within the Australian credit reporting system;
- credit eligibility information which is credit related information about you that Cloud Zen obtains from the following credit reporting bodies (collectively, the CRBs):
- Veda Advantage Information Services and Solutions Limited (Veda Advantage);
- Dun & Bradstreet (Australia) Pty Ltd (Dun & Bradstreet); and
- National Credit Insurance (Brokers) Pty Ltd (NCI), (the details of which are set out in paragraph 5);
- any additional information Cloud Zen derives from credit eligibility information based on its own analysis including through an internal scoring process to assess credit worthiness. Cloud Zen generally receives from the CRBs credit related personal information including, but not limited to, information relating to credit worthiness, credit standing, credit history or credit capacity and the information set out above; and
- sensitive information including criminal record information where you are applying for a position with Cloud Zen and where relevant to Cloud Zen’s assessment of whether you are able to perform the inherent requirements of the particular role. In some circumstances Cloud Zen may also hold other personal information provided by you.
3. How does Cloud Zen collect personal information?
Generally, Cloud Zen collects your personal information directly from you, through the completion of a manual or online form, including a dealer application form, other interaction or exchange in person or by way of telephone, facsimile, email, post or through the use of the Cloud Zen website. There are also occasions when Cloud Zen collects your personal information, including credit related personal information, from other sources such as from:
- your employer, where necessary for Cloud Zen to provide its products and/or services to your employer through you;
- the CRBs (or any other credit reporting body);
- the completion of an application form by another person or entity that lists you as a director, guarantor or trade reference, or an accountant or banker of that person or entity;
- another credit provider or banker;
- an information services provider;
- a publicly maintained record or other publicly available sources of information including social media and similar websites;
- Cloud Zen’s own records about you, from which Cloud Zen may internally generate its own scores, assessments or deductions, particularly in relation to your credit worthiness; and
- if for recruitment purposes, an external recruitment or background screening services provider.
- Cloud Zen vendor partners reports or events
4. Why does Cloud Zen need your personal information?
Cloud Zen collects, holds, uses and discloses your personal information, including credit related personal information, where it is reasonably necessary for the purposes of:
- distributing computer and telecom products throughout Australia, including to you or your employer and operating the Cloud Zen website;
- providing general statistics regarding use of the Cloud Zen website in order to deliver customised content and advertising to customers whose behaviour indicates an interest in a particular subject area, where they have consented to receive such advertising;
- processing an application made by you or your employer, for example, for credit, including a reseller account and if successful, administering that account;
- to notify credit providers of your credit history, including relating to defaults;
- to access information related to your credit worthiness and to evaluate and monitor your credit worthiness, including through internal credit scoring;
- servicing your customer account, responding to queries by you or your employer and maintaining a relationship with you;
- conducting market research and/or customer satisfaction research;
- facilitating and processing payments relating to you;
- facilitating appropriate insurance cover and assessing, processing and investigating insurance risks and/or claims relating to you;
- accounting, billing, record keeping, systems development testing, staff training and/or other internal administrative purposes;
- identification, prevention and investigation of, and/or co-operation with relevant law enforcement bodies in relation to, any criminal or fraudulent activity relating to you;
- developing, establishing and administering business partnerships and other arrangements with other entities in relation to the promotion, administration and use of Cloud Zen’s products and services;
- identifying and informing you of products and services that may be of interest to you from Cloud Zen or selected third parties;
- identifying and informing you of events and training that may be of interest to you from Cloud Zen or selected third parties;
- assessing your application for employment with Cloud Zen or otherwise for the purposes of engaging you as a contractor or consultant;
- debt collection; and
- any other legal or regulatory requirements.
Cloud Zen encourages you to review the privacy statements of websites you choose to link to from the Cloud Zen web site so that you can understand how those websites collect, use, disclose and otherwise handle your information. Cloud Zen is not responsible for the privacy statements or other content on web sites outside of the Cloud Zen website.
5. To whom does Cloud Zen disclose your personal information?
Cloud Zen discloses your personal information for the purposes for which Cloud Zen collects it. That is, generally, Cloud Zen will only disclose your personal information for a purpose, or purposes, set out at paragraph 4. This may include disclosing your personal information to:
- third parties engaged to perform administrative or other services, including delivery companies and mailing houses;
- entities who perform statistical analysis on behalf of Cloud Zen;
- vendors or entities who perform sales out report and sales analysis;
- people or entities considering acquiring an interest in Cloud Zen’s enterprise or assets;
- Cloud Zen’s professional advisors, contractors, consultants and related bodies corporate;
- insurance providers, insurance brokers and insurance underwriters;
- mercantile agents;
- debt collection providers;
- guarantors or prospective guarantors;
- credit providers;
- the CRBs; and
- regulatory bodies.
Veda Advantage can be contacted:
- in writing to: Veda Public Access, PO Box 964, NORTH SYDNEY NSW 2059;
- by ordering an online copy of credit reporting information Veda Advantage holds about you; or
- through www.veda.com.au/understanding-your-credit-file
Dun & Bradstreet can be contacted:
- through its website at: http://www.checkyourcredit.com.au;
- via email at: PACaustral@dnb.com.au;or
- via Dun & Bradstreet’s Public Access Centre on 1300 734 806
NCI can be contacted:
- in writing to: PO Box 33245, MELBOURNE VIC 3004; or
- via telephone on 1800 337 036.
6. Overseas disclosureCloud Zen discloses your personal information for the purposes for which Cloud Zen collects it. That is, generally, Cloud Zen will only disclose your personal information for a purpose, or purposes, set out at paragraph 4. This may include disclosing your personal information to:
Overseas recipients may have different privacy and data protection standards. However, before disclosing any personal information to an overseas recipient, Cloud Zen takes steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law. If you have any queries or objections to such disclosures, please contact Cloud Zen’s Privacy Compliance Officer on the details set out in paragraph 11.
7. Direct marketing
Cloud Zen may use and disclose your personal information in order to inform you of products, services, promotions and events that may be of interest to you. In the event you do not wish to receive such communications, you can opt-out by contacting Cloud Zen via the contact details set out in paragraph 11 or through any opt-out mechanism contained in a marketing communication to you.
Cloud Zen will not use or disclose credit-related personal information for direct marketing purposes except to the extent permitted under the Privacy Act, for the purpose of the CRBs assessing your eligibility to receive direct marketing communications sent on behalf of Cloud Zen. You may make a request directly to the CRBs not to use your credit-related personal information for these credit related purposes.
8. Security of your personal information
Cloud Zen takes steps reasonable in the circumstances to ensure that the personal information, including credit related personal information, it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. Cloud Zen holds personal information in both hard copy and electronic forms in secure databases on secure premises (including through locks, firewalls, encryptions, such as the Secure Socket Layer protocol, log-ins and passwords, and other physical and network security measures as appropriate), accessible only by authorised staff. Credit eligibility information, such as information Cloud Zen receives from the CRBs for the purpose of assessing credit applications, is stored through equally secure methods. Staff are bound by security policies and confidentiality agreements, which are regularly revised and re-issued.
Cloud Zen will destroy or de-identify personal information (whether through shredding hardcopy documents or permanently deleting from its systems or de-identifying electronically-held information) in circumstances where it is no longer required, unless Cloud Zen is otherwise required or authorised by law to retain the information.
If you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud, you may request the CRBs not to use or disclose credit related personal information they hold about you by contacting the CRBs on the details set out in paragraph 5.
The Cloud Zen website uses session ‘cookies’ which are text files placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
Cookies used by Cloud Zen do not contain any of your personal information but enable us to recognise the number of times you access the Cloud Zen website through your computer so that Cloud Zen can tailor the information made available to you with the view to making your visit to the website easier, faster and more productive.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Cloud Zen services or web sites you visit.
10. Can you access and correct the personal information that Cloud Zen holds about you?
Cloud Zen takes steps reasonable in the circumstances to ensure personal information, including your credit related personal information, it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your personal information that is collected and held by Cloud Zen. If at any time you would like to access or correct the personal information that Cloud Zen holds about you, or you would like more information on Cloud Zen's approach to privacy, please contact Cloud Zen via the contact details set out in paragraph 11 below. Cloud Zen will grant access to your personal information to the extent required or authorised by the Privacy Act or other laws and take steps reasonable in the circumstances to correct your personal information where necessary and appropriate. Where necessary to resolve a request for correction of your credit related personal information, Cloud Zen may also consult with other relevant entities, including but not limited to the CRBs. Cloud Zen’s use or disclosure of your credit related personal information to other entities for correction purposes is permitted by the Privacy Act.
To obtain access to your personal information:
- you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
- Cloud Zen requests that you be reasonably specific about the information you require; and
- Cloud Zen may charge you a reasonable administration fee, which reflects the cost to Cloud Zen, for providing access in accordance with your request.
If you are dissatisfied with Cloud Zen’s refusal to grant access to, or correct, your credit related personal information, you may make a complaint to the Office of the Australian Information Commissioner.
11. How to contact us
For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional communications, please contact Cloud Zen's Privacy Compliance Officer at:
Cloud Zen Pty Ltd
07 3102 1963
12. Privacy complaints
Please direct all privacy complaints to Cloud Zen’s Privacy Compliance Officer. At all times, privacy complaints:
- will be treated seriously;
- will be dealt with promptly;
- will be dealt with in a confidential manner; and
- will not affect your existing obligations or affect the commercial arrangements between you and Cloud Zen.
- Cloud Zen will acknowledge your complaint within 7 days of receipt and endeavour to resolve it within 30 days, unless Cloud Zen informs you otherwise and seeks your agreement in writing;
- Cloud Zen may consult with relevant third parties, such as the CRBs or other credit providers, in order to sufficiently and expeditiously resolve the complaint; and
- if your complaint relates to Cloud Zen’s refusal to provide access to, or correct, your credit related personal information, you may complain directly to the Office of the Australian Information Commissioner.