1. What is personal information?
The Privacy Act 1988 (Cth) currently defines "personal information" as meaning information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not
2. The kinds of personal information which freightquotes.com.au collects and holds
The kinds of personal information that freightquotes.com.au collect from you will depend on how you use the Website and/or the App. The personal information which freightquotes.com.au will collect and hold about you may include:
(a) information which you provide to freightquotes.com.au when You register an Account, including without limitation, your name, telephone number, street address, email address and billing information (including credit card details);
(b) any additional information about you which you include in any Freight Quote Request for Transport Services;
(c) any additional information about you which you provide in response to any Freight Quote Request for or on behalf of a Transport Provider; and
(d) the contents of any messages which you send through the messaging service available on the Website and/or the App.
freightquotes.com.au needs to collect personal information about you primarily to provide you with the Services, with access to the Website and/or the App and with other services related to its business.
4. Use and disclosure
(a) In addition to the primary purpose for which freightquotes.com.au collects and uses your personal information, freightquotes.com.au and its nominated agents may also use the personal information freightquotes.com.au collects, and you consent to freightquotes.com.au's use of that personal information:
(i) for purposes necessary or incidental to the provision of goods and services to you including, without limitation, for marketing or promotional purposes;
(ii) to manage and enhance the Services;
(iii) to communicate with you, including by email, mail or telephone;
(iv) to verify your identity;
(v) to investigate you and your use of the Website, the App and/or the Services if freightquotes.com.au has reason to suspect that you are in breach of its Terms and Conditions of Use or have otherwise engaged in unlawful activity; and/or
(vi) as required or permitted by any law.
(b) freightquotes.com.au may disclose personal information, and you consent to freightquotes.com.au disclosing your personal information:
(i) on the Website and/or the App for the purposes of advertising your particular Freight Request or details of a Transport Provider (as applicable);
(ii) where you are a Customer, to a Transport Provider in order for the Transport Provider to place quotes to provide Transport Services to you or to perform the Transport Services; and
(iii) where you use the Services for or on behalf of a Transport Provider, to a Customer in order for the Customer to consider and respond to quotes placed on behalf of the Transport Provider and to engage and deal with the Transport Provider.
(c) freightquotes.com.au may disclose your personal information, and you consent to freightquotes.com.au disclosing your personal information, to freightquotes.com.au's related bodies corporate and associated entities (as those terms are defined in the Corporations Act 2001 (Cth)) (Other Entities) whereby your personal information will be collected, used, disclosed, managed and stored in accordance with this policy.
d) freightquotes.com.au may also disclose personal information, and you consent to freightquotes.com.au disclosing your personal information, to third parties:
(i) freightquotes.com.au engages to perform functions or provide goods or services on its behalf;
(ii) that are freightquotes.com.au's agents, business partners or joint venture entities;
(iii) authorised by you to receive information held by freightquotes.com.au;
(iv) as part of any investigation into you or your activities, for example, if freightquotes.com.au has reason to suspect that you have committed a breach of freightquotes.com.au's Terms and Conditions of Use or have otherwise engaged in unlawful activity, and freightquotes.com.au reasonably believes that disclosure is necessary to police, any relevant authority or enforcement body, or your internet service provider or network administrator;
(v) as part of a sale (or proposed sale) of all or part of freightquotes.com.au's business or the preparation for a listing of freightquotes.com.au; and/or
(vi) as required or permitted by any law.
(e) freightquotes.com.au will not disclose to any user other than the intended recipient the contents of any messages sent through the messaging service available on the Website and/or the App.
(f) Certain information you provide when completing a Freight Quote Request will be available to anyone who accesses the Website (and not just registered Users or Transport Providers). freightquotes.com.au will mark which information will be available to the general public and may make the following information available to the public (where applicable):
(i) your company name and ABN/ACN or your name;
(ii) your email address;
(iii) your availability; and
(iv) your mobile phone number or landline number.
freightquotes.com.au will take all reasonable steps to protect the personal information it holds about you from misuse, loss or unauthorised access. You acknowledge that the security of online transactions you conduct using this website cannot be guaranteed. freightquotes.com.au does not accept responsibility for misuse of or loss of, or unauthorised access to, your personal information where the security of that information is not within freightquotes.com.au's control.
6. Overseas disclosure
(a) In some circumstances, freightquotes.com.au may need to disclose your personal information to entities located overseas where freightquotes.com.au may not be in a position to know that those entities comply with Australian privacy laws or that the laws of the country in which that entity operates (if any) are substantially similar to Australian privacy laws. When necessary, freightquotes.com.au will inform you that such disclosure may be necessary and will seek your express consent to disclose your personal information to such overseas entities.
(b) If you are a Transport Provider, it will be necessary for freightquotes.com.au to collect your credit card details and disclose those details to third parties for the purpose of processing payments owed to freightquotes.com.au who may or may not be obliged to comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth). Transport Providers hereby acknowledge and accept these matters and expressly consent to freightquotes.com.au disclosing your personal information to such third parties (wherever located) with full knowledge that they may not be obliged to comply with the Australian Privacy Principles. freightquotes.com.au will not be accountable to you in respect of the use or disclosure by such overseas entities of your personal information and you will not be able to seek redress under the Privacy Act in respect of such use or disclosure. You also expressly acknowledge and accept that you may not be able to seek redress under the laws of the country in which such third parties are located or in the country or place in which that personal information is subsequently or otherwise disclosed or accessed. You may withdraw your consent to such disclosure at any time by providing not less than seven days’ prior written notice to freightquotes.com.au using the contact details provided below. If Transport Providers do not consent to such disclosure, or they do consent but later withdraw that consent, they will not be able to use the Services when a Lead Fee is payable in respect of such services or, if they have already started using the Services at the time they withdraw their consent, they will not be able to continue to use those Services. Transport Providers acknowledge and agree that they will be entitled to any refund in respect of the Services if they withdraw their consent.
You have the right to seek access to and update the personal information which freightquotes.com.au holds about you. You can seek access to and update your personal information by contacting freightquotes.com.au directly at email@example.com.
9. Website tracking
If you wish to stop receiving emails or other communications from freightquotes.com.au which may be sent to you in the future, please notify freightquotes.com.au by using the contact details given below, or by clicking the unsubscribe link at the bottom of any email newsletter or other electronic communication which you have received from freightquotes.com.au.
Should you wish to contact freightquotes.com.au for any reason, including to request access to, or update, any personal information held about you by freightquotes.com.au, you may address any correspondence to the Privacy Officer and send it by email or post to:
PO Box 236, Bayswater, VIC 3153
You can also contact the Privacy Officer if:
(b) freightquotes.com.au does not agree to provide you with access to your personal information, or refuses to correct your personal information;
(c) you have a complaint about our information handling procedures; or
The Privacy Officer will respond to any request you make within a reasonable period of time.