Introduction
Likewize are covered by the Privacy Act 1998 (Cth) and its Australian Privacy Principles (APPs), which set out standards for the collection, use, disclosure and handling of personal information.
This Privacy Policy applies to any personal information we collect, handle, use or disclose after 9 March 2022. It does not apply to our employee records that are directly related to our employment relationship.
This Privacy Policy sets out the approach that Likewize will take in relation to the treatment of your Personal Information. It includes information on how Likewize collects, uses, discloses, and keeps secure, your Personal Information. It also covers how Likewize makes the Personal Information it holds available to you for access and correction by you in the event that such information is inaccurate or incomplete.
When a word used in this Privacy Policy starts with a capital letter it has a special meaning which is defined in the Glossary at the end of this Privacy Policy.
What information does Likewize collect and hold?
The kinds of personal information Likewize may collect and hold can vary depending on the services we are providing, but generally can include:
- your name, email address, postal address, delivery or repair address (if different to the postal address);
- your date of birth and gender;
- your username and password which you use to access one or more of our systems in order for you to receive the benefit of certain services;
- the IMEI or serial numbers of any device used in any transaction with Likewize or its business partners;
- any relevant billing or account information (including but not limited to bank account details, direct debit, credit card details, billing address);
- information relevant to our products or services;
- other information such as your opinions, statements and endorsements collected personally or via surveys and questionnaires, including but not limited to your views on the products and services offered by us;
- identification information in order to comply with our obligations under law to verify your identity if we receive secondhand goods from you; and
- any other information that you may provide in the course of communication with Likewize.
The type of Sensitive Information we may collect generally includes:
- criminal record;
- membership of a professional or trade association.
Contacting Likewize
If you require further information regarding Likewize’s Privacy Policy, you can contact our Privacy Officer on:
Telephone: (03) 8623 0300
Email: privacy@likewize.com
Address: Level 9, South Tower, 485 La Trobe Street, Melbourne, Victoria, Australia 3000
Attention: Likewize Privacy Officer
1. Collection
1.1 Likewize will only collect Personal Information by lawful and fair means and where the information is reasonably necessary for Likewize to perform one or more of our functions or activities. Normally we will collect information from you directly unless it is unreasonable or impracticable for us to do so. In some instances, we may collect your Personal Information indirectly from or through a third party. Who it is from can depend on the circumstances, for example we may collect it from another person if they arrange a product or service with us that is also for you, a Related Body Corporate, referrals, service providers, publicly available sources and persons who we enter into a business alliance with.
1.2 Likewize collects Personal Information primarily to supply or acquire the goods or services it, a Related Body Corporate, or a third party we have an association with have contracted to supply to or acquire (as applicable) and to deal in secondhand goods. But Likewize also collects and uses Personal Information for secondary purposes including:
(i) business planning and development; and
(ii) to provide individuals with information about Likewize’s other goods or services, as well as the goods or services of a Related Body Corporate or persons who we enter into a business alliance with.
If there are additional purposes for which we propose to collect your Personal Information which are not specified in this Privacy Policy, they will be disclosed at the time we collect that Personal Information and we will ask for your consent to that collection.
We will always give you the option to decline to provide your Personal Information or to decline to allow us to use that Personal Information for the purposes for which we have proposed to use it. However, if you choose not to provide us with the information we have requested, we may not be able to provide you with our products or services or properly manage and administer products or services provided to you or others.
1.3 Likewize will take reasonable steps to notify you of the matters listed below at the time we collect Personal Information from you:
(i) the main reason that we are collecting Personal Information (this reason will be the “Primary Purpose”);
(ii) other related uses or Disclosures that we may make of the Personal Information (to the extent not set out in this Privacy Policy) (“Secondary Purposes”);
(iii) our identity and how individuals can contact us if this is not obvious;
(iv) that individuals can access and correct the Personal Information that Likewize holds about them; and
(v) the consequences (if any) if all or part of the Personal Information is not provided to Likewize.
1.4 Likewize will not collect Sensitive Information from individuals except with consent and only where it is necessary for Likewize to collect such information to provide our services to you.
2. Use
2.1 Likewize uses Personal Information primarily to supply or acquire the goods or services it, a Related Body Corporate or a third party we have an association with have contacted to supply to or acquire (as applicable) and to deal in secondhand goods as noted in 1.2 above.
2.2 Likewize will obtain your consent for use of Personal Information for specific Secondary Purposes at the time of collection, unless such use is identified in this Privacy Policy or is a related Secondary Purpose which would be within your Reasonable Expectations.
2.3 Regardless, Likewize will only use or disclose Personal Information about you:
(i) in accordance with this Privacy Policy;
(ii) for any other purpose communicated to you at or near the time your Personal Information is collected;
(iii) as permitted or required by law (this includes use to avoid an imminent threat to a person’s life health or safety or a threat to public health or safety). It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities;
(iv) if we believe it necessary to provide you with a product or service you have requested;
(v) to implement our services;
(vi) in the event of a corporate sale, merger, re-organisation, dissolution or similar event of all or part of our business; or
(vii) if you have provided your consent to such use or disclosure.
2.4 With your consent, Likewize may also use your personal information to send you Direct Marketing to notify you of special offers or promotions or ask you to participate in customer surveys or to provide information about our goods or services. If you do not wish to receive such communications from us, you may elect to Opt Out (see glossary) from further Direct Marketing by selecting the “UNSUBSCRIBE” or “OPT OUT” option in the Direct Marketing communication or sending us an email at privacy@likewize.com or an SMS response to any SMS communications, asking that you be removed from our Direct Marketing list. If an individual Opts Out of all Direct Marketing the Opt Out will be respected by Likewize and all its Related Bodies Corporate and we will no longer use your Personal Information for Direct Marketing.
2.5 Likewize will not, if collected, use Sensitive Information for Direct Marketing.
2.6 Likewize will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.
2.7 When you come to a Likewize website, our server attaches a small text file to your hard drive — a cookie. A “cookie” assigns you a unique identifier so that we can recognise you each time you re-enter the website, so we can recall where you’ve previously been on our site, and which keeps track of the pages you view on the website. Cookies help us deliver a better website experience to our users.
2.8 This information collected by using a cookie is sometimes called “clickstream”. We use this information to understand how our users navigate our websites, and to determine common traffic patterns, including what site the user came from. We may use this information to make site navigation and product recommendations, and to help redesign our site in order to make your experience on our site more efficient and enjoyable. We may also use this information to better personalise the content, banner ads, and promotions that you and other users will see.
2.9 You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies you will be unable to use those services or engage in activities that require the placement of cookies. Certain aspects of the site may not function properly if you set your browser to reject all cookies.
3. Disclosure
3.1 Likewize may Disclose Personal Information to related or unrelated third parties if you have consented to that Disclosure. This can include our professional advisors, agents, distributors or referrers, credit providers, other intermediaries, service providers (such as repairers) and advisers.
3.2 Likewize may Disclose Personal Information between Related Bodies Corporate. Where information is Disclosed to a Related Body Corporate, that Related Body Corporate is bound by the original Primary Purpose for which the information was collected.
3.3 We also use service providers to help us maximise the quality and efficiency of our services and our business operations. This means individuals and organisations outside of Likewize, such as mail houses and marketing companies, information technology service providers, website hosts and back-up service providers, and professional advisors such as lawyers and accountants will sometimes have access to Personal Information held by Likewize and may use it on behalf of Likewize. We ensure that our contracts with our service providers require them to adhere to strict privacy guidelines and to only use your Personal Information for authorised purposes under the Privacy Act, except to the extent noted under clause 8 – transferring information overseas.
3.4 Likewize may Disclose Personal Information to law enforcement agencies, government agencies or regulators, dispute resolution providers, courts or external advisers and any other parties where permitted or required by law.
3.5 Likewize may Disclose Personal Information to avoid an imminent threat to a person’s life or to public safety.
3.6 Except for Disclosure for a Primary Purpose or for a related Secondary Purpose or where your consent has been obtained to such Disclosure, Likewize will not Disclose your Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.5 above.
4. Data security
4.1 Likewize will review, on an ongoing basis, its collection and storage practices to ascertain how improvements to security and protection of Personal Information can be achieved.
4.2 Your Personal Information is protected when it comes into our possession regardless of whether it is in electronic or hard copy format, in accordance with the Privacy Act and industry accepted security standards which are implemented and updated in accordance with the manufacturer’s or licensor’s recommendations. This includes physical security at our premises and any storage electronically on servers is situated in protected and controlled facilities. Certain information you provide such as financial information, bank account or credit card information, is encrypted via SSL and remains securely encrypted while in Likewize’s possession, until the moment when it is used to make payment and is then re-encrypted and held securely until it is no longer required for internal or regulatory purposes when it will be destroyed.
4.3 You should note that, except in the case of information entered via SSL, information you transmit across public internet or other facilities may not be secure and Likewize will not be responsible for or liable for any loss you suffer during transmission. Once the Personal Information you have transmitted to us has passed through our firewall or otherwise into our control, it is then that our responsibility to ensure that it is treated in the manner required under this Privacy Policy arises. If we transfer your Personal Information to another entity, we will only do so in accordance with this Privacy Policy and in a manner that is secure as between Likewize and that other entity.
4.4 Likewize will, to the extent technically practicable, destroy or de-identify Personal Information once it is no longer required by us for use, within as short a time as is reasonably possible (taking into account any specific requirements of its clients), unless the law requires otherwise.
4.5 Likewize will only allow our employees and contractors access to your Personal Information in order to perform their duties and obligations and we will take all reasonable steps to ensure that those employees and contractors handle your Personal Information in a manner that is consistent with this Privacy Policy and Likewize’s legal responsibilities in relation to privacy.
4.6 You should note that whilst our website may link to other websites, those other websites are not under our control and we are not responsible for the conduct of the operator of those websites including how they handle and protect your Personal Information. Before accessing those websites, we recommend you review the terms and conditions of or access to such websites including the relevant privacy policy or provisions.
5. Complaints or questions
5.1 Individuals wishing to make an inquiry or complaint regarding privacy should do so by contacting the Likewize Privacy Officer, whose contact details appear at the beginning of this Privacy Policy. If you make a complaint or if we become aware of any concern or problems concerning our privacy practices, we will contact you about the issue, investigate the issue, and take all reasonable steps to work with you to resolve that issue.
5.2 If you are not satisfied with our response we will tell you about any external dispute resolution avenues which may be available to you.
5.3 Likewize websites will contain a prominently displayed privacy statement and will include a copy of this Likewize Privacy Policy.
6. Access and correction
6.1 Likewize will allow you to have access to its records containing your Personal Information in accordance with the Privacy Act. This will usually take the form of Likewize providing you with a copy of the information held. Any request for such information should be through the Likewize Privacy Officer whose contact details are set out at the beginning of this Privacy Policy.
6.2 In most cases we do not charge for receiving a request for access to personal information or for complying with a correction request. A reasonable fee may be charged for providing access however we will advise you of the likely cost in advance and will aim to supply the information within a reasonable period.
6.3 If your Personal Information is inaccurate, out of date, incomplete, irrelevant or misleading, you may contact us by e-mail and we will correct our records containing your Personal Information as soon as practicable unless there is a reason why we cannot amend it. If you would like your Personal Information deleted, please let us know by using the Likewize Privacy Officer’s e-mail address and we will take all reasonable steps to delete it unless we need it for legal, auditing or internal record keeping.
6.4 We may refuse access where the:
- information may have an unreasonable impact on the privacy of others;
- request is frivolous or vexatious;
- information relates to existing or anticipated legal proceedings and would not be accessible by the process of discovery in those proceedings;
- information would reveal our intentions in relation to negotiations in such a way as to prejudice those negotiations.
6.5 Where providing access would reveal evaluative information generated by us in connection with a commercially sensitive decision-making process, we will provide an explanation for the decision rather than direct access to the information.
6.6 If we refuse access or to give access in the manner requested by you we will let you know why in writing and provide you with details about how to make a complaint about the refusal.
6.7 If we make a correction to your personal information we may retain a copy of the previous information for our records or as required by law.
7. Client Information
7.1 Likewize may from time to time have access to Personal Information belonging to customers of one of its clients.
7.2 Notwithstanding anything else in this Privacy Policy, Likewize shall deal with such Personal Information in accordance with the relevant Client Privacy Policy and to the extent that there is any inconsistency between the Client Privacy Policy and this Privacy Policy the Client Privacy Policy shall prevail.
7.3 Likewize acknowledges that to the extent that Likewize is aware that any Client Privacy Policy is inconsistent with the Privacy Act that it will seek to address such inconsistency with the client immediately and if such inconsistency is not addressed in a timely manner Likewize shall cease to have access to the relevant Personal Information for that particular client.
8. Transferring information overseas
8.1 Likewize will take reasonable steps to limit the amount of Personal Information it sends to unrelated parties overseas but may need to disclose your Personal information outside of Australia to our Related Body Corporates and to service providers as noted in 3.3 above. Currently, the countries to which we transfer information include Singapore, Hong Kong, Malaysia, India, the Philippines, the United States, the United Kingdom, Canada and France. These locations may change from time to time, you can contact us for details.
8.2 If Personal Information is sent by Likewize outside of Australia, Likewize will generally require the overseas organisation receiving the information to provide a binding obligation that it will handle that information in accordance with the Privacy Act and this Privacy Policy, including as part of a services contract. In some cases we may not be able to take reasonable steps to ensure they do not breach the Privacy Act and they may not be subject to the same level of protection or obligations that are offered by the Act. By proceeding to acquire our services and products you agree that you cannot obtain redress under the Act or against us, but only to the extent permitted by law and may not be able to seek redress overseas.
9. Glossary
Client Privacy Policy means the privacy policy of a Likewize client.
Direct Marketing means the marketing of products or services to you through means of communication including written, verbal, physical or electronic means. The products or services which are marketed may be those of Likewize, a Related Body Corporate, a business partner or an independent third party organisation.
Disclosure means the release of information by Likewize to another party, including a Related Body Corporate or under a contract to carry out an outsourced function of Likewize.
Health Information means:
(a) information or an opinion about:
(i) the health including an illness, disability or injury (at any time) of an individual; or
(ii) an individual’s expressed wishes about the future provision of health services to the individual; or
(iii) a health service provided or to be provided to an individual,
that is also Personal Information; or
(b) other Personal Information collected to provide, or in providing, a health service to an individual; or
(c) other Personal Information about an individual collected in connection with the donation or intended donation by the individual of his or her body parts, organs or body substances; or
(d) genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.
Likewize means Likewize Device Protection (AU) Pty Ltd ABN 81 653 447 833.
Opt Out means a mechanism by which an individual requests not to receive Direct Marketing.
Personal Information is 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 is recorded in a material form or not.
Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.
Reasonable Expectation means a reasonable individual’s expectation that their Personal Information might be used or Disclosed for a particular purpose.
Related Body Corporate means a body corporate that is:
(a) a holding company of another body corporate;
(b) a subsidiary of another body corporate; or
(c) a subsidiary of a holding company of another body corporate.
Sensitive Information means:
(a) information or an opinion about an individual’s:
(i) racial or ethnic origin; or
(ii) political opinions; or
(iii) membership of a political association; or
(iv) religious beliefs or affiliations; or
(v) philosophical beliefs; or
(vi) membership of a professional or trade association; or
(vii) membership of a trade union; or
(viii) sexual orientation or practices; or
(ix) criminal record,
that is also Personal Information; or
(b) Health Information about an individual; or
(c) genetic information about an individual that is not otherwise Health Information; or
(d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
(e) biometric templates.
SSL means Secure Sockets Layer.