INTELLECTUAL PROPERTY IN CONTENT ON OUR WEBSITE
The content of the website (including copyright works, text, material, software, images, applications [including any email application], graphics, advertisements, downloads, e-cards, sound recordings, databases, cinematographic film, photographs, streaming audio, streaming video and animation) (together “Content”) is copyright. All rights reserved. Ken Laing is the owner and operator of this site. Other than as permitted under the Copyright Act 1968 or as otherwise provided for below, no part of this website may in any form or by any means be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission. All rights not expressly granted are reserved by Ken Laing. The Content has been carefully compiled from sources believed to be reliable, but all Content is provided on the basis that Ken Laing does not warrant or guarantee and accepts no responsibility for the accuracy or completeness from time to time of any Content for any purpose. Subject to any statutory provision which may not be excluded by law, Ken Laing will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any Content or its publication, including any action for copyright infringement, trade mark infringement or defamation.
All trademarks, product names or logos within the site are the property of their respective owners and may not be used, copied, reproduced, distributed, republished, downloaded, uploaded, displayed, stored, published, modified, adapted, communicated or transmitted without the prior written permission of their respective owners.
Under no circumstance will Ken Laing be liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access this website or any Content provided on this website. If we can’t totally exclude liability then our liability will be limited to the resupply of content.
Australian Privacy Act
In Australia, the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Privacy Amendment Act) made many significant changes to the Privacy Act 1988 (Privacy Act). These changes commenced on 12 March 2014. The Privacy Regulation 2013, made under the Privacy Act, also commenced on 12 March 2014.
We are bound by the Australian Privacy Principles contained in the Act. We may, from time to time, review and update this policy, including taking account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy.
What is Personal Information?
When used in this policy, the term “personal information” has the meaning given to it in the Act. In general terms, it is any information that can be used to personally identify you. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
What Personal Information Do We Collect and Hold
We may collect the following types of personal information:
- mailing and/or or street address
- email address
- telephone number
- company name, profession, occupation or job title
- business registration numbers and details
- any additional information relating to you that you provide to us directly through our websites or indirectly through use of our website or online presence through our representatives or otherwise
- information you provide to us through our service centre, customer surveys or visits by our representatives from time to time
How We Collect Personal Information
We collect your personal information directly from you unless it is unreasonable or impractical to do so.
In most cases, the personal information we will collect from you is the personal information required in order to provide services to you, and also for ongoing management and support of those services. We do this in ways including:
- online by completing a ‘Contact Form’
- by you proving information to us by email, post or facsimile.
- through your access and use of our website or apps to us
- through someone else who has provided us with your information
- during conversations between you and our representatives;
- social media links and contacts
We may also collect personal information from third parties including:
- advertisers and mailing lists
- social media lists and contacts
- contractors and business partners.
Why Do We Collect, Hold, Use and Disclose Personal Information
We collect, hold, use and disclose your personal information for the following purposes:
- to provide products and services to you
- to provide to you information regarding services and products from our third party partners
- to provide you with news, information or advice about our existing and new products and services
- to communicate with you including by email, mail or telephone
- to manage and enhance our products and services
- to personalise and customise your experience
- to provide you with access to protected areas of our websites
- to conduct competitions or promotions by us and selected third parties
- to verify your identity
- to provide as part of business data to third parties if you have authorised us to do so
- to conduct business processing functions for operation of our websites or our business
- for our administrative, marketing, promotional, planning, product/service development, quality control and research purposes, or those of our contractors or external providers
- to provide your updated personal information to us, our contractors or external service providers
- to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity; and/or
- As required or permitted by any law (including the Privacy Act).
What Happens If We Can’t Collect Your Personal Information
If you do not provide us with the personal information described in this policy, some or all of the following may happen:
- we may not be able to provide you with the products or services you requested, either to the same standard, or at all
- we may not be able to provide you with information about products and services that you may want, including information about discounts sales or special promotions; or
- We may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.
How Do We Disclose Your Personal Information
We disclose personal information to contracted service providers who assist us with a number of our functions and services including but only for the purpose of fulfilling those services. We may disclose your personal information to:
- our employees, related bodies corporate, contractors or external service providers for the operation of our websites or our business, fulfilling requests by you, and otherwise provide products and services to you, including without limitation, web hosting providers, IT systems administrators and service providers of technology, contact centre, banking, market research, mailing houses, couriers, payment processors, photographic analysers, data entry service providers, electronic network administrators, debt collectors, and professional advisers such as accountants, lawyers, business advisors and consultants
- our existing or potential agents, business partners or joint venture entities or partners
- our sponsors, or promoters of any competition that we conduct or promote via our services
- specific third parties authorised by you to receive information held by us
- the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary
We disclose personal information as required or permitted by any law (including the Privacy Act) in connection with law enforcement activities by enforcement bodies. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property or safety.
Marketing and Communication Using Your Personal Information
We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, in accordance with applicable marketing laws. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.
In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details below) or by using the opt-out facilities provided (e.g. an unsubscribe link). We will then ensure that your name is removed from our mailing list. If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us using the details provided below.
If you send us an email, that address will be recorded automatically by our Booking and e-mail messaging system for the purpose of replying to your e-mail. When we send you emails or other electronic messages, we record information about your interactions with the email including when and where you open the message and click on particular links.
We use Google Analytics to collect a range of information about your interactions with our website. Google Analytics collects the information using a number of techniques including cookies and Java Script. We use this information to evaluate the effectiveness of our website and the level of interest in particular pages or campaigns. Information about how Google handles personal information is available on their website.
We participate in social media, including but not limited to, LinkedIn, Twitter, Google Plus, Facebook and others as may be relevant to our business. If we think it is relevant to the quality of service that we provide or its objectives, we sometimes record the nature of the topic discussed by a particular individual and their name and follow up with further conversation offline about which we take notes.
Social media services also handle your personal information for their own purposes. These sites have their own privacy policies.
Third Party Links
Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.
We may also collect anonymous data (which is not personal information) relating to your activity on our websites (including IP addresses) via cookies, or we may collect information from you in response to a survey. We generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our products and services. To the extent this information does not constitute personal information because it does not identify you or anyone else, the Australian Privacy Principles do not apply and we may use this information for any purpose and by any means whatsoever.
The transfer of information across any media may involve a certain degree of risk, and the Internet is no different. However, helping you to keep your information secure is very important to us and we take every precaution to ensure this occurs.
We hold most information in databases and third party software programs. We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorized access, including by means of firewalls, password access, secure servers and encryption of credit card transactions.
If you suspect any misuse or loss of, or unauthorized access to, your personal information, please let us know immediately.
Accessing and Correcting Your Personal Information
You may request access to any personal information we hold about you at any time by contacting us (details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you. We will not charge for simply making a request and will not charge for making any corrections to your personal information. If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.
Disclosure of Personal Information Outside of Australia
We may disclose personal information to our related bodies corporate and external service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
We may disclose your personal information to entities located outside of Australia, including our related bodies located in USA and UK, our data hosting and IT service providers and other external service providers located in the USA and UK
Children’s Online Privacy Protection
We are in compliance with the requirements of international Child Privacy and Protection Acts in Australia, UK and USA. We do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
How You Can Complain About a Breach of Privacy
We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.
Suggestions about improving this policy are welcome. Please contact us through the Contact Us form on this website should you wish to provide feedback.
In the event that you have a question, concern or complaint regarding the way in which we handle your personal information, you should contact our office directly.