Effective from January 2023
In handling your personal information, we are regulated by and committed to complying with the Privacy Act 1988 (Cth) (Privacy Act) including the Australian Privacy Principles. This policy explains how and why we collect, use, hold and disclose your personal information.
When you visit our website, our web servers automatically store the IP of your Internet service provider, the website from which you visit us, the pages which you visit when you are on our website, as well as the date and duration of the visit. This information is essential for the technical transmission of the web pages and for secure server operation. No personalised evaluation of this data is carried out.
If you send us data via the contact form, this data is stored on our servers as part of the data back-up process. Your data will be used by us only to process your request. Your data will also be dealt with in the strictest of confidence. There is no disclosure to third parties.
By providing personal data to us, you consent to us collecting, holding, using and disclosing your personal data in accordance with this policy.
Personal data may be held securely on our electronic databases (which may be on a database maintained by a cloud hosting service provider or other third party database storage), or otherwise in hard copy form in secure storage facilities. We have taken technical and administrative security precautions to protect your personal data against loss, destruction, manipulation and unauthorized access. All of our employees and the service providers working for us are obliged to comply with the valid data protection laws.
In general, personal data is held within Australia. However, there may be some circumstances where our business partners may retain data in other jurisdictions with similar privacy compliance requirements as Australia. We will take reasonable steps to ensure any overseas recipient deals with such personal data in a way that is consistent with the Australian Privacy Principles.
We maintain responsibility for your personal data at all times. As such, we ensure by all reasonable means, any third parties we use are subject to controls which protect your personal data from unauthorised use and disclosure and limit access and limit their use or disclosure of your personal data to the agreed purpose only.
Whenever we collect and process personal data, it is encrypted before being transmitted. This means that your data cannot be misused by third parties. Our security precautions are subject to a constant improvement process and our privacy policies are constantly being revised. Please make sure that you have the latest version. By providing us with your personal data, you consent to these transfers. Your personal data may be transmitted over the Internet once it has been stored in a database and may also be transferred across borders to recipients in foreign countries other than Australia, including Germany and may be stored on servers, using databases or via cloud technology in a number of countries other than Australia, including regions such as the European Union, where doing so is part of our ordinary business practices relating to the storage of data and where permitted by law.
3. Affected Rights
Please contact us at any time if you would like to know which personal data we store about you or if you would like to correct or delete it. Furthermore, you have the right to restrict processing of the data (Art. 18 GDPR), a right of objection to such processing (Art. 21 GDPR) and the right to data transferability (Art. 20 GDPR). In these cases, please contact us directly.
If our privacy officer is not able to answer your request to your satisfaction, you still have the right to submit a complaint to the data protection supervisory authority responsible for your federal state.
4. Personal data
Personal data is data, including any identifying information or opinion about your person. This includes your name, address, email address, history of purchases and use of our products and services and details of enquiries or complaints you make. You do not have to disclose any personal data in order to be able to visit our Internet site. In some cases, we need your name and address as well as further information in order to be able to offer you the requested service.
At the point of collection, and when dealing with us, you may choose to remain anonymous where it is reasonable and practical to do so. It must still be practicable for us to perform the required services. Some exceptions do apply where it is a legal requirement for our business to deal with accurately identified individuals.
The same applies if we supply you with information material on request or if we answer your enquiries. In these cases, we will always point this out to you. Furthermore, we store only the data that you have sent to us either automatically or voluntarily.
If you use one of our services, we generally only collect the data that is necessary for us to be able to provide you with our service. We may ask you for further information, although this is only on a voluntary basis. Whenever we process personal data, we do so in order to be able to provide you with our service or to pursue our commercial objectives.
We will keep your personal data for only as long as is reasonably necessary to achieve the purpose for which we collected it. Where we no longer require the personal data for a permitted purpose, we will take reasonable steps to destroy or de-identify it.
Some personal data (e.g. race, ethnicity, health information etc.) is sensitive and requires a higher level of protection. We will only collect such sensitive data when we have your express consent for us to do so and the collection is reasonably necessary for us to provide our products and/or services or pursue one or more of our functions or activities, or where the information is required or authorised by law or necessary for the establishment, exercise or defence of a legal claim.
The primary purposes that we collect, hold and use your personal data is so that we can:
(a) provide you with products, services and information, and manage our relationship with you;
(b) contact you, for example, to respond to your queries or complaints, or if we need to tell you something important;
(c) comply with our legal obligations and assist government and law enforcement agencies or regulators and/or enforce our agreements with third parties;
(d) identify and tell you about other products or services that we think may be of interest to you;
(e) to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
(f) operate, protect, improve and optimise products and services along with our website, including to perform analytics, conduct research and for advertising and marketing;
(g) send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you; and
We may also use data we collect about you to obtain further details from available sources via our trusted data service providers, where it may help us to improve our communications and customer service to you.
In no circumstances will your personal data be sold or used for any purposes other than those outlined in this policy.
The following are examples of personal data which may be collected and circumstances in which the data may be used:
If you or a company you work for, purchases goods or services from us, we may collect personal data about you in connection with the provision of those goods or services, either directly from you or from the company you work for. This data may include your name, date of birth, address, telephone number, email address, contact information, and any other information you provide, or is provided on your behalf, in order to obtain those goods or services. This data will be used by us for our business related purposes, including the provision of the goods or services in question.
This data will be retained by us in accordance with this policy and only disclosed as required for our business purposes and for any legal or compliance requests.
If you, or a company you work for, supplies goods or services to us, we may collect personal data about you in connection with the provision of those goods or services, either directly from you or from that company. This data may include your name, date of birth, contact information, emergency contacts, and any other information you provide, or is provided on your behalf, as part of our induction and compliance processes, such as licences to use certain equipment on our projects. This data will be used by us for our business related purposes, including management of the provision of the goods or services in question.
This data will be retained by us in accordance with this policy and only disclosed as required for our business purposes and for any legal or compliance requests.
If you are employed by us, or are seeking employment with us, we may collection personal data about you in connection with your employment. This data may include your name, date of birth, address, telephone number, bank account details, contact information, and any other information you provide, or is provided on your behalf, as part of our induction and compliance processes. This data will be used for the purposes of our recruitment process and, if successful, managing your employment, in accordance with the requirements of the Privacy Act. You need to ensure this information is up to date, in accordance with our policies and procedures.
Personal data may be collected directly by us, our agents or by our trusted business partners acting on our behalf, such as technology providers and trusted data service providers.
Data may also be collected by us on behalf of other people as set out in notices given to individuals, or consents given by individuals, at or prior to the time the personal data is collected.
We will only collect personal data by lawful and fair means.
If it is reasonable and practical to do so, we will collect your personal data directly from you. We may also collect personal data from other companies that are able to disclose it to us, if it’s not practical to collect it from you. For example, we may obtain personal data from trusted data sources to help us identify additional information about people who might be interested in hearing about particular products and services.
We may collect data from third parties including where you:
(a) request, book and confirm services and products from us and/or any of our related bodies corporate, agents, suppliers, contractors and/or merchants;
(b) communicate with us and/or any of our related bodies corporate, agents, suppliers, contractors and/or merchants through correspondence, chats, email, or when you share personal data with such persons from other social applications, services or websites; or
(c) interact with the websites, services, content and advertising of us and/or any of our related bodies corporate, agents, suppliers, contractors and/or merchants.
We may transfer or disclose your personal data to our related companies.
We will only disclose the personal data we have about you in limited specific circumstances, such as:
(a) when you agree to the disclosure;
(b) in relation to for the purposes we collected it;
(c) when disclosure is required or authorised by law; or
(d) as permitted by the Privacy Act.
We may disclose personal data to external service providers so that they may perform services for us or on our behalf. These may include:
(a) our third party suppliers, merchants and service providers (including providers for the operation of our website, newsletter and/or our business or in connection with providing our products and services to you);
(b) professional advisers, dealers and agents;
(c) payment systems operators (e.g. merchants receiving card payments);
(d) our existing or potential agents, business partners or partners;
(e) our sponsors or promoters of any competition that we conduct via our services;
(f) anyone to whom our assets or businesses (or any part of them) are transferred;
We may also disclose your personal data to others outside our group of companies where:
(a) we are required or authorised by law to do so;
(b) you may have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances; or
(c) we are otherwise permitted to disclose the information under the Privacy Act.
If the ownership or control of all or part of our business changes, we may transfer your personal data to the new owner.
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the details of the requesting persons will be processed insofar as this is necessary to answer the contact requests and any requested actions.
The answering of contact requests within the framework of contractual or pre-contractual relationships takes place to fulfil our contractual obligations or to answer (pre)contractual inquiries and otherwise on the basis of the legitimate interests in answering the inquiries.
• Processed data types: Inventory data (e.g. names, addresses), contact data (e.g. e-mail, telephone numbers), content data (e.g. entries in online forms).
• Data subjects: Communication partners.
• Purposes of processing: contact requests and communication.
• Legal basis: Performance of contract and pre-contractual inquiries (Art. 6 para. 1 lit. b. GDPR), legitimate interests (Art. 6 para. 1 lit. f. GDPR).
Server log files
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. These are:
1. Date and time of the request
2. Name of the requested file
3. Page from which the file was requested
4. Access status (file transferred, file not found, etc.)
5. Web browser and operating system used
6. Full IP address of the requesting computer
7. Amount of data transferred
This data is not merged with other data sources. The processing is carried out in accordance with Art. 6.1 GDPR on the basis of our legitimate interest in improving the stability and functionality of our website.
For reasons of technical security, in particular to ward off attempted attacks on our web server, this data is stored by us for a short time. It is not possible for us to draw conclusions about individual persons on the basis of this data. After seven days at the latest, the data is anonymized by shortening the IP address at domain level, so that it is no longer possible to establish a reference to the individual user. In anonymous form, the data is also processed for statistical purposes; a comparison with other databases or a transfer to third parties, even in excerpts, does not take place.
When you visit our Internet pages, we may store information on your computer in the form of cookies. Cookies are small files that are transferred from an Internet server to your browser and stored on its hard drive. Only the Internet protocol address is saved during this process. This information, which is stored in the cookies, enables us to recognize you automatically the next time you visit our website, thereby making it easier for you to use our website.
7. Use of Google Analytics with Anonymization Function
We use Google Analytics, a web analysis service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, hereafter referred to as "Google". Google Analytics uses so-called "cookies", text files which are saved on your computer and as a result enable you to analyse the use of the website.
The information generated by these cookies, such as the time, place and frequency of your website visit, including your IP address, is transmitted to and stored by Google in the United States.
We use Google Analytics on our website with the addition "_gat._anonymizeIp". In this case, your IP address is shortened by Google within Member States of the European Union or in other contracting states of the European Economic Area Agreement and therefore made anonymous.
Google will use this information to evaluate your use of our site, compile reports on website activities for us and provide further services related to website and internet use. Google may also transfer this information to third parties if this is required by law or if third parties process this data on Google's behalf.
According to its own information, Google will under no circumstances associate your IP address with other Google data. You can prevent the installation of the cookies by selecting the appropriate settings on your browser; we point out, however, that in this case it is possible that you will not be able to fully use all the features of our site.
If you visit our site via a mobile device (smartphone or tablet), you must insteadclick this link to prevent tracking by Google Analytics within this website in the future. This is also possible as an alternative to the browser add-on above. Clicking the link sets an opt-out cookie in your browser that is only valid for this browser and domain. If you delete the cookies in this browser, the opt-out cookie will also be deleted, so that you have to click on the link again.
If you have agreed that your web and app browser history may be linked by Google to your Google Account and that information from your Google Account may be used to personalize advertisements, Google will use your information together with Google Analytics data to create target group lists for cross-device remarketing. For this purpose, Google Analytics first collects your Google authenticated ID on our website, which is linked to your Google Account (i.e. personal data). Google Analytics will then temporarily link your ID with your Google Analytics data in order to optimize our target groups. If you do not agree to this, you can turn it off by means of corresponding settings in the "My Account" section of your Google Account.
8. Use of Remarketing Tools
Google Ad Services / Google AdWords Conversion
Use of Google Remarketing
This website uses the remarketing function of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; “Google“. This function is used to present interest-based advertisements to website visitors within the Google advertising network. This technology enables us to automatically generate target group-oriented advertising after your visit to our website. The advertisements are based on the products and services which you clicked on during your last visit to our website. For this purpose, a so-called "cookie" is stored in the browser of the web page visitor, which makes it possible to recognize the visitor again if he or she accesses websites that belong to the advertising network of Google. Cookies are small text files that are stored in your browser when you visit our website. Google normally stores information such as your web request, IP address, browser type, browser language, date and time of your request. This information is used to assign the web browser to a specific computer. On the pages of the Google Advertising Network, the visitor can then be presented with advertisements that refer to content previously viewed by the visitor on websites that use Google's remarketing function.
If you have agreed at https://www.google.com/settings/u/0/ads/authenticated that Google may link your browser history to your Google Account and use information from your Google Account for the personalization of advertisements, the remarketing function also work across various devices. Here, Google collects your Google ID and uses it for the purposes of cross-device identification. According to its own statements, Google does not collect any personal data whatsoever during this process. However, if you still do not want Google's remarketing feature, you can disable it by carrying out the corresponding settings at http://www.google.com/settings/ads.
You can also prevent the saving of cookies by making the relevant setting in your browser software, but we must point out that in this case you may not be able to use all the functions of this website to their full extent.
9. Use of YouTube in Extended Data Protection Mode
For the dispatch of the newsletter we use the so-called double opt-in procedure, i.e. we will only send you a newsletter by e-mail if you have expressly confirmed to us beforehand that we should activate the newsletter service. We will then send you a notification email and ask you to confirm that you wish to receive our newsletter by clicking on a link contained in this email. When you register for our newsletter, we store the data entry from the form submitted and the date of registration. This storage serves solely as proof in the event that a third party misuses your e-mail address to register you to receive the newsletter without your knowledge or authorization. If you do not wish to receive any more newsletters from us at a later date, you can cancel this at any time without incurring any costs other than the forwarding costs according to the basic tariffs.
11. Pardot Marketing Automation System
Some forms on our website are linked with Pardot. Pardot is a marketing automation software from Salesforce.com. We use the Pardot Marketing Automation System (“Pardot MAS”) provided by Pardot LLC, 950 E. Paces Ferry Rd. Suite 3300 Atlanta, GA 30326, USA (“Pardot”) on our website. Pardot is a special software for the collection and evaluation of data concerning website use by website users. Insofar as Pardot LLC processes personal data, this processing is carried out on our behalf. Pardot LLC upholds the EU-US Privacy Shield Guidelines in all services where Pardot LLC carries out any data processing.
Why Do We Use Pardot?
We use Pardot as a marketing analysis service in order to maintain, improve and expand our web services and marketing communication as well as optimize our website content. We use this data to find out what topics you are interested in by tracking which links you click on, for instance.
We use this data to improve our services. In order to protect users and partners, fraud and security risks can also be recognized and prevented.
Any personal data offered voluntarily will first be saved in Pardot so it can then be processed using the Salesforce CRM system for the purpose of contact and/or sending information.
Salesforce may use standard tools for data collection, such as cookies or web beacons, to collect information about visitors to the company website (“website navigation data”). This website navigation data contains general information from your web browser (e.g. browser type and language). The website navigation data is used to provide and improve our company website.
12. Applicant management with HRWorks Umantis
We collect different types of information in the context of the application on the legal basis of Art. 6.1 GDPR (initiation of an employment contract). This includes, in particular, your personal data with contact information and a description of your education, work experience and skills. In addition, you have the option of providing us with electronically stored documents such as certificates or cover letters. We do not require any information from you that cannot be used under the General Equal Treatment Act (race, ethnic origin, gender, religion or belief, disability, age or sexual identity). We also ask you not to provide information on illness, pregnancy, ethnic origin, political opinions, philosophical or religious beliefs, trade union membership, physical or mental health or sex life. The same applies to content that is likely to infringe the rights of third parties (e.g. copyrights, press law or general rights of third parties). The personal data will only be collected, stored, processed and used for purposes related to your interest in current or future employment with us and the processing of your application. A transfer to third parties does not take place. To use the online application process, data such as name, address, telephone number, e-mail address, etc. are collected. If your application is successful, the data provided may be used for administrative matters in the context of employment. Your online application will only be processed and taken note of by the relevant contact persons. All employees entrusted with data processing are obliged to maintain the confidentiality of your data. Third parties will not be aware of your information under any circumstances. The processing of the data takes place exclusively in Germany. If we are unable to offer you employment, we will retain the data you provide for up to six months within the framework of statutory retention periods for the purpose of answering questions in connection with your application and rejection. If you give us your explicit written consent to retain and store your data accordingly, we may also consider you for future job offers. Otherwise, your application data will be completely deleted. To process online applications, we use the applicant management software Umantis from HRworks GmbH, Konrad-Goldmann-Str. 5 b,79100 Freiburg. For this purpose, an order processing contract was concluded with HRWorks in accordance with Article 28 of the General Data Protection Regulation.
All interested parties and visitors to our website can reach us concerning questions of data protection at the following address:
The Privacy Officer
1/42 Balaclava Street
Woolloongabba QLD 4102
If you otherwise have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal data, you should contact our privacy officer. Our privacy officer’s contact details are set out below:
The Privacy Officer
Max Frank Australia Pty Ltd
1/42 Balaclava Street
Woolloongabba QLD 4102
Tel: 1300 853 235 (from within Australia)
We will consider your complaint and determine whether it requires further investigation. We will notify you of the outcome of this investigation and any subsequent internal investigation.
If our privacy officer is not able to answer your request to your satisfaction, you still have the right to submit a complaint to the data protection supervisory authority responsible for your federal state at:
Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Phone: 1300 363 992
Email: firstname.lastname@example.org or www.oaic.gov.au