PCMD – Privacy Policy

This Privacy Policy applies to PCMD Operations Pty Ltd (we, us, our).

In collecting, using and disclosing an individual’s personal information, we are required to comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the thirteen Australian Privacy Principles in the Privacy Act (APP), as well as this Privacy Policy.

  1. What type of personal information do we collect?

“Personal information” is information or an opinion about an identified, or reasonably identifiable, individual (Personal Information). We may collect Personal Information in the course of providing our products or services (including software) or otherwise in the course of our business.

We generally collect the following kinds of Personal Information:

(a)        contact and identification information, including an individual’s name, address, telephone number, email address, date of birth, tax file number, bank account details, salary, personal photograph, qualifications; and

(b)        other information that we obtain about an individual in the course of their dealings with us, including information relating to products or services ordered, purchasing history, any product or services related queries submitted to us and warranty claims.

In some circumstances we may collect and hold other types of Personal Information.

  1. How do we collect Personal Information?

In most cases, we collect Personal Information either:

(a)        directly from; or

(b)        from the employer of,

the individual to whom the Personal Information relates.  This generally occurs in the course of our dealings with an individual (or their employer) in person, on the telephone, by email or where they submit information to us via our website, our cloud server, or other similar electronic exchange (such as an API). When we receive information from an individual’s employer, we require employers to obtain the consent of their employees to disclose that Personal Information to us, if the disclosure of that Personal Information would not be reasonably expected, considering the employment relationship, the nature of the Personal Information, and the products and services that we provide.

There may be occasions when we collect Personal Information from other sources, such as from:

(a)        an information services provider;

(b)        publicly maintained records; or

(c)        a party provided as a trade reference.  

We generally only collect Personal Information from third parties if it is unreasonable or impracticable to collect that information from an individual directly.

  1. Why do we need Personal Information?

We collect Personal Information for the purposes of providing our products and services, and otherwise for purposes related to our business of marketing and supplying specialised project management products and services (including software).

We may use Personal Information to:

(a)        respond to an enquiry submitted to us from time to time;

(b)        process orders submitted for our products or services and otherwise facilitate the production, sale and distribution of our products and services;

(c)        assess eligibility for account with us, or any other commercial arrangement in place with us, from time to time;

(d)        fulfil accounting, billing and other internal administrative purposes;

(e)        undertake marketing activities, including the communication of information about our products and services and additional products and services that may be of interest, whether from us or selected third parties;

(f)         fulfil our legal obligations under any applicable laws; and

(g)        fulfil any other purpose permitted or referred to under any terms and conditions entered into or otherwise agreed to with respect to the use of our website and our products and services.

We may also use Personal Information for purposes related to the purposes listed above where it’s reasonable to expect us to do so in the circumstances. 

We may use Personal Information for other purposes where we have consent of the individual to whom the Personal Information relates to the use for those purposes, or the use is otherwise authorised by law.  We take reasonable steps to ensure that our use or disclosure of Personal Information is relevant to the purposes for which we have collected it.

While there is no obligation to provide Personal Information to us, without certain Personal Information, we may not be able to provide our products or services.

  1. Who do we disclose Personal Information to?

We may disclose Personal Information to third parties for the purposes specified in paragraphs 3 and 6 of this Privacy Policy.  That means, generally, we will disclose Personal Information for a purpose related to the provision of our products or services, or for another relevant purposes as specified above in paragraph 3.  For example, we may disclose Personal Information to:

(a)        third parties who may assist us in providing our products or services and other customers, including customer support, postal and delivery service providers.

(b)        third party manufacturers or suppliers;

(c)        people or entities considering acquiring, or who have acquired, an interest in our business or assets;

(d)        our own professional advisors, contractors, consultants and related bodies corporate; and

(e)        our insurance providers.

We may also disclose Personal Information to other parties with the agreement of the individual to whom the Personal Information relates, or if the disclosure is required or authorised by law.

  1. Overseas disclosure

We may disclose Personal Information to overseas recipients in a number of jurisdictions. The locations of servers storing Personal Information are subject to change from time to time. However, where it is necessary to make any overseas disclosures in order to provide our products and services (for example, for administrative or other business management purposes), we will take reasonable steps in light of the circumstances to ensure that the overseas recipient complies with the Privacy Act and the APP or is bound by a substantially similar privacy obligations.

  1. Direct marketing

From time to time, we may disclose Personal Information to a third party with whom we have a commercial relationship or arrangement so that the third party may contact the individual to whom the Personal Information relates for promotional purposes.  The third party may provide information about certain products, services or other offers.

In the event that an individual does not wish to receive such communications, they can opt-out by contacting us via the contact details set out below or through any opt-out mechanism contained in a communication from a third party.

If an individual unsubscribes or opts-out from receiving the communications described above, their Personal Information will not be provided to any third parties for marketing or other purposes from the time they unsubscribe or opt-out (except to the extent we are required by law to disclose it).

  1. Security and destruction of Personal Information

We take all steps reasonable in the circumstances to ensure that the Personal Information we hold is protected from misuse, interference and loss from unauthorised access, modification or disclosure.  We hold Personal Information in both hard copy and electronic forms in secured databases on secured premises, accessible only by authorised staff.

We may appoint contractors to assist us in storing Personal Information, such as offsite storage providers or IT service providers.

We will destroy or de-identify Personal Information in circumstances where we no longer require it, unless we are otherwise required or authorised by law to retain the information.

  1. Can I access and correct Personal Information held about me?

We are careful to maintain the integrity of the Personal Information we collect and hold.  We take reasonable steps to ensure that the Personal Information we hold is accurate, up-to-date, complete, relevant and not misleading.

Under the Privacy Act, an individual has a right to request access and/or seek correction of their Personal Information that is collected and held by us by contacting our privacy officer at hq@pcmd.com.au.

We will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct Personal Information where necessary and appropriate.

To obtain access to Personal Information we hold, please:

(a)        provide proof of identity (to ensure that Personal Information is  provided only to the individual to whom the Personal Information relates);

(b)        specify, in reasonable detail, the information required; and

(c)        a reasonable administration fee may be charged. That fee reflects and will not exceed the actual cost to us for providing access to the information in accordance with the request.

We will endeavour to respond to a request to access or correct Personal Information within 30 days from the date of the request.

We will take steps reasonable in the circumstance to endeavour to provide access.  However, we may refuse a request to access or correct Personal Information.  Should we refuse a request, we will provide written reasons for the refusal and details of complaint mechanisms.

  1. Contact information

We welcome comments regarding this Privacy Policy.  For further information or enquiries regarding Personal Information held by us, or to opt-out from receiving any promotional communications from us or a third party in accordance with this Privacy Policy, or if an individual believes we have not adhered to this Privacy Policy, they can contact our privacy officer at hq@pcmd.com.au.

We will use commercially reasonable efforts to promptly respond to enquiries and remedy problems with our conduct under this Privacy Policy.

  1. Privacy complaints

If an individual believes that we have breached the Privacy Act (including the APP or any binding code under the Privacy Act) or this Privacy Policy, they can make a privacy complaint to our privacy officer at hq@pcmd.com.au.  At all times, privacy complaints will:

(a)        be treated seriously;

(b)        be dealt with promptly;

(c)        be dealt with in a confidential manner; and

(d)        not affect an individual’s existing obligations or commercial arrangements with us.

We will acknowledge each complaint within 7 days of receipt and endeavour to resolve it within 30 days, unless we otherwise agree with the complainant in writing.

After investigating each complaint, complainants will be informed of the outcome of the investigation.  A complainant dissatisfied with the outcome of their complaint may refer the complaint to the Office of the Australian Information Commissioner.

  1. Changes to this policy

From time to time, we may change our policy on how we handle Personal Information or the types of Personal Information we hold.  Any changes to our policy will be published on our website.

A copy of our current policy can be obtained from our website or by contacting our privacy officer at hq@pcmd.com.au.