Privacy Policy

This website is published and maintained by Pilot Pen Australia Pty Ltd.
1. This Privacy Policy is the official online privacy policy of Pilot Pen Australia Pty Ltd and applies to all personal information collected by Pilot Pen Australia Pty Ltd. In this policy we explain how and why we collect your personal information, how we use it and what controls you have over it.

2. Pilot Pen Australia Pty Ltd is subject to the operation of the Privacy Act 1988 (Cth) (Privacy Act), which governs the privacy of personal information by businesses and obligates businesses like us to protect and safeguard your privacy when you deal with us.  We are committed to ensuring we meet our obligations under the Privacy Act.

Terminology

3. In this policy the expressions “we”, “us” and “our” are a reference to Pilot Pen Australia Pty Ltd.
4. The expressions “you” and “your” refer to each and every individual whose personal information we may handle from time to time.
5. The expression “personal information” is used in this policy to refer to information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
6. Any reference to us assuming an obligation under the Privacy Act or other privacy legislation can be interpreted as a reference to us also procuring our subcontractors to undertake a reciprocal obligation to the extent relevant.

Collecting information 

7. When we collect personal information from you we will always do so in a fair manner.

8. We only collect personal information if it is reasonably necessary for one or more of our functions or activities.  This information includes your name and contact details, age, gender and occupation.
9. Our preference is to collect personal information about an individual direct from that individual unless it is unreasonable or impracticable for us to do so.  Information will generally be collected from the following sources: credit applications, promotions, customer enquiries, employment applications.
10. We will advise you of the purposes for which your personal information is collected at or before the time that we collect it. These purposes may include, but are not limited to:
• Storing your personal information in our database.
• Using the information for market research (directly related to our products only).
• Producing usage statistics.
• employment reference checking.
• Sending marketing or promotional material directly to you (which may include marketing or promotional material about any of the products within our product range).
• Providing you with our products and services.
• Notifying you about changes to our services.
• Technical maintenance of our website.
• Any other activity consistent with our Memorandum and Articles of Association.

11. At or before the time the personal information is collected by us we will take reasonable steps to ensure that you are made aware of who we are, the fact that you are able to gain access to the information held about you, the purpose of the collection and other matters that we are required to notify you of under the Privacy Act.

Use of information collected and disclosure of personal information to others 

12. We will not use or disclose personal information held about an individual for purposes other than those connected with the primary purpose of collection, or a reasonably related secondary purpose which we believe you should reasonably expect unless we are permitted to do so under the Privacy Act.  Secondary purposes might include disclosure of your personal information to maintenance personnel or other third party contractors (including outsourced and cloud service providers) we use to support our marketing campaigns.  These contractors may be unable to avoid accessing personal information in the course of providing technical or other support services to our company, however, our contractors are never allowed to store or use this information for any reason not directly associated with us.

13. Personal information is only disclosed to persons outside our business in the circumstances set out in this policy or as otherwise notified to you at the time of collection of the information. Personal information will never be sold or rented to third parties without your express consent.

14. In addition, we are permitted under the Privacy Act to use or disclose personal information held about you for other purposes, including:
• where you have consented to the use or disclosure;
• where we reasonably believe that the use or disclosure is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body such as the Australian Federal Police;
• where such use or disclosure is required under, or authorised by, law (for example to comply with a subpoena, a warrant or other order of a court or legal process); or
• where we reasonably believe that the use or disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim or for the purpose of a confidential alternative dispute resolution process ..

Direct marketing

15. We will not use or disclose personal information for the purposes of direct marketing to you unless:
(a) you have consented to receive direct marketing materials; or
(b) you would reasonably expect us to use your personal details for this purpose; or
(c) we believe you may be interested in the material but it is impractical for us to obtain your consent.
16. In every instance, we will ensure that our direct marketing material incorporates an option for you to elect to receive no further such communications.
17. Please note also that even if you have requested not to receive further direct marketing communications, we may nevertheless continue to provide you with communications which do not fall under the definition of “direct marketing” in the Privacy Act, which may include information about changes to our terms and conditions for the supply of goods or services, questionnaires and other factual information.

Spam Act

18. Pilot Pen Australia Pty Ltd ensures that our business practices and the content of our email or mobile phone messages comply with the Spam Act. The Spam Act prohibits the sending of unsolicited commercial electronic messages (which includes emails, SMS and other mobile phone messaging such as MMS and iM). Such messages can only be sent to an address when it is known that the person responsible for that address has consented to receive it.

Consent 

19. We will only send electronic messages to an individual if that individual has expressly or impliedly consented to receiving messages of such nature from us. This is consistent with our Privacy Policy as outlined here, which governs the storage of and purposes for which we can use a person’s email address or mobile phone number.

Identity

20. Our electronic messages will clearly and accurately identify Pilot Pen Australia Pty Ltd, or one of our brands as being responsible for sending the message and will provide our contact details as part of each message.

Unsubscribe 

21. All our electronic messages will contain an unsubscribe facility, that allows people to indicate that messages should not be sent to them in the future.

Links

22. Our web site may contain links to other websites and those third party web sites may collect personal information about you. We are not responsible for the privacy practices of other businesses or the content of web sites that are linked to our web site.

Security and storage 

23. Pilot Pen Australia Pty Ltd places great importance on the security of all information collected by us. We take reasonable steps to protect the personal information which we hold by making sure that security measures are in place to help protect against the loss, misuse and alteration of personal information under our control and from unauthorised access, modification or disclosure.

24. Typically, we will store personal information in our secure data base. Information stored within our computer system can only be accessed by those entrusted with authority and computer network password sanctions.

25. Personal data may be sent offshore to related bodies corporate, as permitted by the Privacy Act, which are located in Japan, USA & Europe.  In addition, it is possible that we, or our subcontractors, will utilise cloud technology in connection with the storage of personal information, and it is possible that this may result in off-shore storage.  It is not practicable for us to specify in advance which country will have jurisdiction over such off-shore activities.  All of our subcontractors, however, are required to comply with the Privacy Act in relation to the transfer or storage of personal information overseas.

26. Personal information will be de-identified or destroyed securely when no longer required by us for our business purposes.

27. When using our website you should be aware that no data transmission over the Internet can be guaranteed to be 100 per cent secure. As a result, while we strive to protect users’ personal information, Pilot Pen Australia Pty Ltd cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk.

Cookies

28. Pilot Pen Australia Pty Ltd collects information from the website using “IP files”.

29. When you visit the Pilot Pen Australia Pty Ltd website to read, browse or download information, our system will record/log your IP address, date and time of your visit to our site, the pages viewed and any information downloaded. This information will only be used for the purpose of site analysis and to help us offer you improved online service. We may automatically collect non- personal information about you such as the type of Internet browsers you use or the site from which you linked to our web sites. Subject to clause 16 below, you cannot be identified from this information and it is only used to assist us in providing an effective service to our web sites.

30. Some users have been granted access to the Dealer Area on our web site (Dealers). During the period when a Dealer is logged into the Dealer Area, we are able to identify the individual Dealer and track that Dealer’s activities.

Access, correction and further information

31. We will take such steps as are reasonable to ensure that the personal information which we collect remains accurate, up to date and complete.
32. We will provide you with access to your personal information held by us unless we are permitted under the Privacy Act to refuse to provide you with such access.  Please contact us via the details below if you:
(a) wish to have access to the personal information which we hold about you;
(b) consider that the personal information which we hold about you is not accurate, complete or up to date; or
(c) require further information on our personal information handling practices.
Contact Details: Write to Company Secretary at Pilot Pen Australia Pty Ltd, Locked Bag 7010, Liverpool NSW 1871, or contact us on 1300 325 866 or at service@pilotpen.com.au.
33. There is no charge for requesting access to your personal information but we may require you to meet our reasonable costs in actually providing you with access.
34. If you consider that the information which we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps, consistent with our obligations under the Privacy Act, to correct that information if you so request.
35. We will respond to all requests for access and/or correction within a reasonable time.

Complaints

36. If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your personal information, you should advise us via the above contact details.
37. If you remain unsatisfied with the way in which we have handled a privacy issue, we suggest you approach an independent advisor or contact the Office of the Australian Information Commissioner for guidance on alternative courses of action which may be available.  We will provide our full cooperation in the event that you elect to pursue this course of action.
Openness and Review of Policy
38. This Privacy Policy will be reviewed from time to time and any amendments will be incorporated in the updated policy. Any changes to our policy will be published on our website. You may obtain a copy of our current policy from our website or by contacting us on the details above.  It is your responsibility to check the website from time to time in order to determine whether there have been any changes.

Acceptance and Consent 

39. You accept that your use of this web site includes your acceptance of this Privacy Policy and the Disclaimer.
40. By electing to acquire our goods and services, you will be deemed to consent to us using your personal information in a manner consistent with this Privacy Policy, including monitoring your use of our website.

Disclaimer

1. The information provided by Pilot Pen Australia Pty Ltd on this web site has been compiled for your convenience. Pilot Pen Australia Pty Ltd makes no warranties about the accuracy or completeness of any information contained on this web site.

2. Pilot Pen Australia Pty Ltd including its directors, affiliates, officers, employees, agents, contractors, successors and assigns, will not accept any liability for any loss, damage or other injury resulting from its use.

3. Links to other web sites are provided for your convenience and Pilot Pen Australia Pty Ltd is not responsible for the information contained on those web sites. The provision of a link to another web site does not constitute an endorsement or approval of that web site, or any products or services offered on that web site, by Pilot Pen Australia Pty Ltd. Pilot Pen Australia Pty Ltd will not accept any liability for the use of those links to connect to web sites that are not under its control.

4. Pilot Pen Australia Pty Ltd holds the copyright to this web site. Pilot Pen Australia Pty Ltd grants you a limited licence to download this web site for personal use only. You are not permitted to reproduce or alter this web site, or any copy of it, for any other purpose without the prior express written consent of Pilot Pen Australia Pty Ltd.

5. Pilot Pen Australia Pty Ltd regards your privacy as important and will take all reasonable steps to ensure that if you have subscribed to receive notification of web site updates, your e-mail address will remain confidential.

Contact form

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