Data Collection
Lancom Technology Solutions undertakes to collect Your Data by means that are:
- fair;
- legal; and
- transparent.
If you visit Lancom Technology Solutions’ web-site, your web-browser automatically discloses, and Lancom Technology Solutions’ 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 www.govests.com.au). This data may or may not be sufficient to identify you.
If you disclose personal data to Lancom Technology Solutions in conjunction with an identifier such as your name or your credit-card details, Lancom Technology Solutions will collect Your Data. Moreover, any data that becomes available to Lancom Technology Solutions 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, Lancom Technology Solutions undertakes to collect Your Data from you and not from other parties. This undertaking is qualified as follows:
- where Lancom Technology Solutions reasonably considers that the protection of its financial interests requires that it gather your data from other sources, or from additional sources. This applies in particular where Lancom Technology Solutions has a lending exposure to you, and seeks information about your creditworthiness;
- where Lancom Technology Solutions reasonably considers that its capability to deliver quality services to you will be materially enhanced by gathering your data from other sources. This applies in particular to consumer profile data.
Where Lancom Technology Solutions 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.
Lancom Technology Solutions 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'.
Data Security
Lancom Technology Solutions undertakes to store Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.
Lancom Technology Solutions undertakes to transmit Your Data in a manner that ensures security against unauthorised access, alteration or deletion, at a level commensurate with its sensitivity.
Lancom Technology Solutions undertakes to implement appropriate measures to ensure security of Your Data against inappropriate behaviour by Lancom Technology Solutions'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.
Data Use
Use refers to the application of Your Data by any part of Lancom Technology Solutions, or any staff-member or contractor of Lancom Technology Solutions in the course of their work.
Lancom Technology Solutions undertakes to use Your Data only for:
- the purposes for which it was collected;
- such other purposes as are subsequently agreed between Lancom Technology Solutions and You;
- such additional purposes as may be required by law. In these circumstances, Lancom Technology Solutions 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 Lancom Technology Solutions’ interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Lancom Technology Solutions or have committed a breach of the criminal law).
Lancom Technology Solutions undertakes to use Your Data only if it has demonstrable relevance to the particular use to which it is being put.
Lancom Technology Solutions undertakes to use Your Data 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.
Data Disclosure
Disclosure refers to making Your Data available to any party other than Lancom Technology Solutions and You. The term disclosure may include many different conditions of data transfer, including selling, renting, trading, sharing and giving.
Lancom Technology Solutions undertakes to disclose Your Data only under the following circumstances:
- in the course of business being conducted between You and Lancom Technology Solutions, where disclosure is necessary to a contractor, such as a transport company. Where Your Data is disclosed in this way, Lancom Technology Solutions undertakes to exercise control over Lancom Technology Solutions’ 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 Lancom Technology Solutions at the time of data collection or subsequently. Where Your Data is disclosed in this way, Lancom Technology Solutions undertakes to exercise control over Lancom Technology Solutions’ 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 subpoena. In these circumstances, Lancom Technology Solutions 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 Lancom Technology Solutions believes on reasonable grounds that the disclosure of Your Data will materially assist in the protection of the life or health of some person), provided that Lancom Technology Solutions will apply due diligence to ensure that the exercise of the permission is justifiable.
In all cases, Lancom Technology Solutions undertakes to disclose only such of Your Data as is necessary in the particular circumstances.
Data Retention and Destruction
Subject to the qualifications immediately below, Lancom Technology Solutions 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 Lancom Technology Solutions’ 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 subpoena, or a warning by a law enforcement agency that delivery of a court order is imminent. In these circumstances, Lancom Technology Solutions:
- 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 Lancom Technology Solutions's interests, e.g. if it believes on reasonable grounds that You have failed to fulfil your undertakings to Lancom Technology Solutions or have committed a breach of the criminal law). In these circumstances, Lancom Technology Solutions will only retain Your Data while that situation is current, and will then destroy Your Data.
Definitions
Lancom Technology Solutions means Lancom Technology Solutions PTY LTD of CHIPPENDALE NSW 2008. ABN: 32 121 580 461.
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 Lancom Technology Solutions 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 Lancom Technology Solutions. Consent may be express or implicit, but in either case must be informed and freely-given.