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Legal Notice
© Programmed Maintenance Services Limited 2018
Additional information - Privacy Policy
You are being granted access to this website portal known as the "Programmed Portal" Web Site (Web Site) established by Programmed Maintenance Services Ltd or its subsidiary Programmed Property Services Pty Ltd (collectively, Programmed, we, us, our). You are being given access to the Web Site to review and submit certain information relating to or in connection with the provision of services by Programmed to you (Services).
These terms of access (Terms) set out the rules under which you will be given access to the Web Site, regardless of how you access the Web Site (whether it is through browsing, apps or mobile). Programmed may in its absolute discretion, from time to time, change, supplement or substitute these Terms at any time without prior notice.
You agree to be responsible for maintaining the confidentiality of your passwords of other account identifiers which you choose and all activities that occur under your account. Unless permitted by Programmed in writing, you will not share or provide access to your account, your passwords or other account identifiers with others, including any other employees or officers within your organisation or business.
This Web Site and its contents are subject to copyright under Australian law and, under international treaties, the laws of many other countries. Unless otherwise indicated, the copyright is owned or licensed by Programmed Maintenance Services Limited (Programmed) or its related companies which reserve all rights.
You must not reproduce, transfer, adapt, distribute or store part or all of the contents of the Web Site (including but not limited to html code, CGI interfaces, product information, photographs, pricing and screen designs), or incorporate any part of the Web Site into another web site, without the prior written consent of Programmed, except in accordance with the following permission.
You may store on your computer or print copies of material from the Web Site for your individual use only which is directly and solely related to the Services and not for any other purpose. You will ensure that all copies of material from the Web Site retain any copyright or other intellectual property notices contained in the original material. You are not permitted to modify any material from how it appears on the Web Site.
The Web Site also includes registered and unregistered trade marks which are owned by Programmed.
Your access to or use of this Web Site does not constitute or create a licence or any other right to use Programmed’s name, trade dress, trade marks, copyrights or any other intellectual property.
Programmed reserves the right:
(a) at any time to modify or discontinue, temporarily or permanently, your access to or use of the Web Site or any of your logins or passwords with or without notice; and
(b) to update the Web Site and change the content at any time. Programmed may, without notice and without explanation:
The availability and functioning of the Web Site is dependent on the availability and functioning of internet service provider services. These services are beyond the control of Programmed, any related body corporate of Programmed and their respective officers, employees and representatives (including advisers, consultants and agents) (each a Programmed Person). No Programmed Person takes any responsibility for the services or their effect on the Web Site. You expressly agree that your use of, or inability to use, the Web Site is at your sole risk.
No Programmed Person makes any representation or warranty (express or implied) as to, nor do they assume any responsibility or liability for, the reliability, accuracy or completeness of, or any errors in or omissions from, the Web Site or any information relating to the Services subsequently provided to you.
Programmed assumes no responsibility and accepts no liability for the condition or content of third party web sites which may be linked to or accessed from the web site. Except as Programmed may specifically direct otherwise, Programmed does not authorise the content of those third party web sites.
The contents of this Web Site (including all information contained on this Web Site) are provided on an "as is" basis. Neither Programmed nor its directors or employees give or make any representation or warranty (either express or implied) as to the completeness, accuracy or reliability of the contents of this Web Site nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the contents of this Web Site. Where any Act of Parliament implies any term, condition, representation or warranty into the contents of this Web Site or your use of or access to the Web Site, and that Act prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If, and to the extent permitted by the Act however, Programmed’s liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant good or services again, as Programmed may choose.
You should be aware that information current to a particular time or date as placed on the Web Site does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on this Web Site is updated.
The information on this Web Site provides general information only and is not intended as investment advice and must not be relied upon as such. You should obtain independent professional advice and make further independent enquires before making any investment decisions or taking any further action based on the information contained on this Web Site. Without implying any licence to do so, if you pass on any information contained in this Web Site to any other person, you should pass on this disclaimer also and draw it to their attention.
Programmed is not offering and must not be construed as offering, any securities or other financial products under or through this Web Site and this Web Site is not an invitation to you to take up securities or other financial products.
Programmed does not provide, and must not be construed as providing, recommendations in relation to any securities or other financial products. All information, ideas, concepts, know-how or techniques provided by you through this Web Site including the fact that you have accessed the Web Site and information, goods or services you have sought from the Web Site (Information) shall be deemed to be non-confidential, and Programmed shall be free to use, disclose, reproduce, transmit, publish and distribute the Information without limitation. You warrant that the Information is available for such use by Programmed, and agree to indemnify Programmed if any third party takes action against Programmed in relation to Information that you provide.
Programmed reserves the right to revise the content of, amend links from or withdraw access to the Web Site at any time without notice.
You warrant to us that:
(a) you are legally capable of entering into binding contracts; and
(b) the information provided in your order is accurate and complete.
You hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these Terms or any infringement by you of any of our or our licensors' intellectual property rights.
Programmed, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Web Site.
As a condition of use of the Web Site, you promise not to use the Web Site for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Programmed. By way of example, and not as a limitation, you agree not to:
(a) use the Web Site to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information of any other Web Site user;
(b) use the Web Site to create or transmit unwanted spam to any person;
(c) use any robot or other automated means to access the Web Site for any purpose without our express written permission;
(d) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(e) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site;
(f) bypass any measures we may use to prevent or restrict access to the Web Site;
(g) advertise to, or solicit, any user to buy or sell any products or services or to use any information obtained from the Web Site in order to contact, advertise to, solicit, or sell to any other user without their prior explicit consent;
(h) engage in data mining, data harvesting, data extracting or other similar activity in relation to this Web Site, or while using the Web Site; (i) to promote or sell content to another person.
This Web Site uses cookies to monitor browsing preferences. If you do allow cookies to be used, the following personal information may be stored by us for use by third parties:
(a) email addresses;
(b) first, last and company names and any other named provided by you; and
(c) job titles or positions.
These Terms are governed by and shall be construed in accordance with the laws of Australia and you submit to the non-exclusive jurisdiction of the State and Federal Courts located in Victoria for the resolution of any disputes.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
About this policy
Programmed Maintenance Services Limited ABN 61 054 742 264 and its related entities (as defined in the Corporations Act 2001 (Cth)) (Programmed) are committed to protecting the privacy of individuals' Personal Information. Programmed is bound by the Privacy Act 1988 (Cth) and the New Zealand Privacy Act 1993 and the Privacy Principles set out in them.
This privacy policy outlines how Programmed manages Personal Information, including the type of information, how it is collected and held, the purposes for which it is collected, held, used and disclosed, as well as how individuals can access their information and make enquiries or complaints about breaches of the legislation or Privacy Principles. Programmed deals with Personal Information in accordance with the legislation and this policy. The legislation and policy do not generally apply to employee records.
Types of Personal Information
Programmed collects Personal Information about individuals, eg. clients and prospective clients, consultants, subcontractors, suppliers, industry participants, competition participants, shareholders, candidates for employment, and employees.
This can include things such as name, address, telephone number, email address; date of birth, age, gender, marital status; banking and superannuation details, credit card details; driver’s licence and other occupational licence details, passport number, tax file number, photographs; medical history, records and reports; information about financial status, credit history and insurances; proof of the right to work in Australia, or with children; resumes; qualifications, next of kin, employment history; criminal history; references; and use of Programmed’s services.
We aim to collect this information only as reasonably necessary to provide proposals, products and services to our clients, candidates and competition participants; to assist candidates to find employment; to understand and forecast our business; and to respond to requests for information. Individuals are not required to provide us Personal Information, however withholding it might mean we are not able to satisfactorily fulfil those purposes.
We may also collect information about you from your access to our websites (for statistical purposes). This information is usually anonymous and we do not use it to identify you. However, due to the nature of internet protocols, such information might contain details that identify you, such as your IP address, internet service provider, the web page directing you and your activity on our website.
If you are a shareholder, we or our third party share registry provider may ask you for your address, bank account details and tax file number and any other information that we may require to help us administer your shareholding.
How we collect and hold Personal Information
Programmed may collect Personal Information through our marketing, business development, operational, human resources, finance, risk, research or other activities.
We will generally collect Personal Information directly from you, unless it is unreasonable or impracticable to do so. We will generally only collect Sensitive Information about you with your consent or if authorised by law. By providing us with Personal and Sensitive Information, you consent to our collection and use of it for the purposes set out in this policy.
We may collect information from other sources such as: your employer when your employer is seeking our services; referees proposed by you; previous employers; police or Citrix (with your consent); agreements we enter; order forms, credit applications, surveys or other forms submitted to us; telephone or in-person discussions about our services and business; correspondence, emails or other electronic means (eg. accessing our website and using the ‘contact us’ form or using social media sites); third parties (such as our agents and advisors, network contacts, credit providers, credit reporting bodies, regulatory bodies, government offices or your agents); and publicly available sources of information.
We collect data from our website using various technologies, including ‘cookies’. A ‘cookie’ is a text file that our website sends to your browser which is stored on your computer as an anonymous tag identifying your computer (but not you) to us. You can set your browser to disable cookies. However, some parts of our website may not function properly (or at all) if cookies are disabled.
Programmed takes reasonable steps to hold Personal Information using appropriate physical and/or electronic security technology, settings and applications (eg. passwords and firewalls), and by training staff who deal with Personal Information on our policies and procedures. These measures are designed to protect Personal Information from unauthorised access, modification or disclosure; and from misuse, interference and loss. Notwithstanding this, you should be mindful that the internet is generally not a secure environment.
Purposes for which Personal Information is collected, held, used and disclosed
Programmed will only use Personal Information for the primary purpose for which we collect it, or a secondary purpose related to the primary purpose for which you would reasonably expect us to use the collected information.
We generally collect, hold and use Personal Information for the primary purpose of providing our services to our clients and prospective clients. We may also do so for a secondary related purpose, such as recording bank details to process payments.
We will not use your information for an unrelated secondary purpose unless we obtain your written consent or an exception applies (eg. it is authorised by law; or it is impracticable to obtain your consent and we believe it is necessary to lessen a serious threat to the life, health or safety of any individual).
Some examples of the purposes for which we collect, hold and use Personal Information are to: conduct business with or provide services to clients (including providing your details to clients and to prospective employers if you are an applicant for employment or job placement) and otherwise administer client’s accounts; market or otherwise promote our services; seek participation in promotions etc.; disclose health information to health professionals in a medical emergency; record details of incidents for insurance purposes; contact family if requested or needed; improve our services through audits, surveys etc.; obtain professional advice; comply with our obligations under applicable laws.
We may disclose Personal Information to third parties, such as credit reporting agencies, banks, professional advisers, courts, tribunals, regulatory authorities, other companies and individuals for the purposes such as: complying with our obligations under contract or as required by law; having services performed such as delivering packages, addressing warranty claims, sending correspondence, obtaining ASIC and/or other searches and processing payments; and recovering unpaid debts. We may also disclose your information to our business associates, such as Joint Venture or Alliance partners, auditors, and financial services, IT or insurance providers, for them to provide or offer services to you. We will not authorise third parties to use your information for any other purpose.
We may provide statistics about our staff, prospective employees, customers, readers, sales, traffic patterns and related site functions to reputable third parties primarily to assist us to improve our services.
Programmed may use Personal Information we collect for direct marketing if you would reasonably expect it to be used for that purpose, or you consent, or another exception applies. We provide an easy opt-out procedure for you to request your information not be used for direct marketing.
Disclosure to overseas recipients
Programmed has operations and entities based in Australia, New Zealand, Singapore, the United Kingdom USA, Malaysia and the UAE, but the countries in which we operate may change from time to time and we may have clients seeking to employ candidates or engage our services outside of these countries. We may disclose Personal Information to an overseas recipient, such as another office of Programmed, an external or cloud service provider, or a prospective supplier or host employer. We will take reasonable steps to ensure adequate mechanisms are in place to protect your information, unless you otherwise consent to disclosure or an exception applies (eg. the disclosure is authorised by law).
Access to and correction of Personal Information
You are entitled at any time, upon request, to access your Personal Information held by us. We will respond within a reasonable time after the request is made and give access to the information in the manner requested by you, unless it is impracticable to do so. We will not disclose commercially sensitive information to you. Employment records fall outside the disclosure requirements of the Privacy Act. If you are or were an employee, we will generally provide you with access to information that you have provided to us unless it is impracticable to do so. Information obtained from third parties or produced by us would be excluded from disclosure. We are entitled to charge you a reasonable administrative fee for giving you access to the information requested. If we refuse access to your information, we will explain the reasons for refusal and advise of the mechanisms to complain.
If we are satisfied that any of the information we have about you is inaccurate, out-of-date, irrelevant, incomplete or misleading, or you request we correct any information, we will take reasonable steps to ensure the information held by us is accurate, up-to-date, complete, relevant and not misleading. If you request, we will notify the correction to recipients to whom we have disclosed the information, unless it is impractical or unlawful. If we refuse your request, we will explain the reasons for refusal and advise on the mechanisms to complain.
Complaints
If you wish to complain about our response to a request, or a potential breach of this policy or the Privacy Principles, please contact Programmed’s Privacy Officer:
Privacy Officer
Programmed Maintenance Services Ltd
47 Burswood Road
Burswood WA 6100
or
privacy@programmed.com.au
If you are not satisfied with our response, you may contact (in Australia) the Office of the Australian Privacy Commissioner www.oaic.gov.au or (in NZ) the New Zealand Privacy Commissioner www.privacy.org.nz.
Programmed reserves its right to amend this policy from time to time and re-publish it on our website.
‘Personal Information’ is information or an opinion (whether true or not; and whether recorded in material form or not) about an identified individual, or an individual who is reasonably identifiable.
‘Sensitive Information’ is a sub-set of Personal Information about an individual’s racial or ethnic origin; political opinions; membership of a political association; religious beliefs or affiliations; philosophical beliefs; membership of a professional or trade association; membership of a trade union; sexual orientation or practices; criminal record; health information; genetic information that is not otherwise health information; biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or biometric templates.
If you are experiencing any technical issues or would like further assistance, please email us at portal.support@programmed.com.au or contact your Programmed representative.
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