1. Protecting your privacy
Protecting your privacy and the confidentiality of your personal information is fundamental to the way Milly and Tilly Enterprises as trustee for the Commerford Family Trust trading as Jim’s Interior Design Victoria (JID/we/our/us) does business.
Personal information means information or an opinion (including information or an opinion forming part of a database) whether true or not, held by JID and its franchisees (Jim’s Interior Design Division) about you from which your identity is either apparent or can be reasonably determined.
2. Privacy framework
We are bound by the Privacy Act 1988 (Cth) (Privacy Act) and the 13 Australian Privacy Principles (APPs) therein set out. The APPs regulate the way that certain entities handle personal information.
3. Collecting your personal information
The kinds of personal information we collect and hold about you, and our use of that information, depends on our dealings with you and may generally include (but is not limited to) your name, address, telephone number, email address, and photographs and:
- if you are a customer of JID or of the Jim’s Interior Design Division, this personal information will include (but is not limited to) information about the service you require, any information needed to arrange for the service to be provided to you, along with details of the other quotations, products and services that we and the other members of the Jim’s Interior Design Division provide to you (such as our franchisees). We may also contact you after services are provided, to collect information about the services that were provided to you. In addition we may collect your bank account or credit card details from you if these details are required for payment of the service;
- any other information you provide us when you participate in a promotion, competition, promotional activity, survey, market research or customer behavioural activity, subscribe to our mailing list or interact or follow our social media;
- if you are enquiring about becoming our franchisee then we will collect a range of personal information for the purpose of assessing your franchise application and if you are successful, in the course of the franchise relationship;
- if you are applying for a position with us then we will collect personal information about you required for the recruitment process (for example, your resume, qualifications, skills, work history and residency status);
- if you navigate through our website and access our mobile applications, certain information can be passively collected (i.e. gathered without you actively providing the information) using various technologies such as cookies, internet tags or web beacons, and navigational data collection (log files, server logs and clickstream data). For example, we may collect information about matters including but not limited to the date, time and duration of visits and which pages of our website are most commonly accessed. This information is generally not linked to the identity of visitors, except where a website or mobile application is accessed via links in an email we have sent or where we are able to uniquely identify the device or user accessing our website or mobile application; and
- we may combine your anonymous or personal visitor session information or other information collected through tracking technologies with other personal information collected from you from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. By accessing a website or mobile application via links in an email we have sent and/or by accessing a website or mobile application where you have identified yourself, you consent to the collection of such information where it is personal information.
4. Collecting information from third parties
Where possible, we collect your personal information directly from you unless it is impracticable or unreasonable to do so. We may also collect personal information about you from third parties (for example, from our franchisees, our regional franchisors, a credit reporting agency and from public records).
When collecting your personal information, we will take reasonable steps to provide you with certain information as required under the APPs, including the purpose of collection, who we may disclose your personal information to, any law that requires or authorises us to collect the information and the main consequences if we do not collect all of the personal information we require. If we collect your personal information from another source, we will take reasonable steps to ensure you are aware of the fact and the circumstances of that collection.
Generally, if we are unable to collect the personal information we require we may not be able to provide you with the products and services you seek. If the information provided is incorrect or incomplete this may also prevent, limit or otherwise affect our ability to provide products or services to you.
5. Purposes for which personal information is collected, held, used and disclosed
We will use and disclose your personal information for the purposes for which we collected it, and for other related purposes that you would reasonably expect.
We collect your personal information so that we can use it for our functions and activities and provide products and services to you, which include, among other things:
- processing orders you place with us, our franchisees or via our electronic or mobile ordering system, providing you with email or SMS confirmation of your orders, providing you with our services and processing refunds where applicable;
- administering and responding to your enquiry or feedback about our services;
- conducting, and allowing you to participate in, a promotion, competition, promotional activity, survey or market research;
- promoting and marketing current and future products and services to you, informing you of upcoming events and special promotions and offers and analysing our products and services so as to improve and develop new products and services;
- assisting you with remembering and re-ordering from our range of services in future;
- administering and conducting traineeships;
- facilitating our internal business operations, including fulfilment of any legal and regulatory requirements;
- improving the operation or navigation of our websites;
- processing and considering your employment application and conducting reference checks (if you are applying for a job with us); and
- providing information that you request about our franchises and processing and considering your franchise application and conducting record checks (if you are completing our franchise application).
- promoting our business and services online, in print and in person.
By providing us with your personal information, you consent to us using your personal information for these purposes. You agree that we may send you such information by post or by electronic means (including e-mail and SMS). You can opt-out of marketing and promotional communications at any time by contacting our point of contact via the details shown below.
6. Disclosing your personal information to third parties
We may exchange your personal information within the Jim’s Interior Design Division. We may also disclose your personal information to our regional franchisors, franchisees, licensees, agents and contractors for the purposes set out above, and for the purposes of those parties providing services to us or performing business services or functions on our behalf (for example, our technology service providers, marketing service providers, mailing houses etc.).
We may from time to time re-issue or disclose to third parties aggregated information resulting from your interaction without any of your personal details being provided others.
Data collected during service delivery (data includes photographs and other information units) is owned by us and may be re-published for value at any time in the future. The substance of the service we provide and in particular before and after photographs we take are not confidential unless you specifically request this.
By engaging us you consent to the re-use of the data collected in the provision of services or products for this purpose, as well as for the purposes listed in paragraph 5 above, including but not limited to, research, internal development and training, marketing of the business.
We may use images from the report which are non-identifying of your property (i.e. of building elements and rooms in isolation, not the front of the home etc) in a range of materials for data commercialisation, research and marketing purposes.
You may opt-out of this by specifically writing to our point of contact via the details shown below and informing us that you wish to be excluded from this potential use of your data.
Apart from the above instances, we may also use and disclose your personal information with your consent to third parties and as otherwise required or permitted by law.
7. How we store your personal information
We protect your personal information from misuse and loss. We also protect it from unauthorised access, modification and disclosure by ensuring that your personal information can only be accessed by people properly authorised to have access.
We may store your personal information in hardcopy documents or electronically, in Australia and overseas (including but not limited to the United States, United Kingdom, South Africa and New Zealand). We maintain physical security, such as locks and security systems, over our paper and electronic data stores and premises, and also maintain computer and network security. For example, we use firewalls (security measures for the internet) and other security measures such as identification codes and passwords to control access to computer systems. We continually maintain and monitor our online security systems to ensure that our online services are secure and that your personal information is appropriately protected when you use these services.
8. Disclosing your personal information overseas
We may need to disclose your information to third party organisations located overseas(including but not limited to the United States, United Kingdom, South Africa and New Zealand).
The most common reason why we disclose information overseas is because we use service providers to perform some technical functions on our behalf, and some of these service providers are located overseas. We only disclose your information to these organisations when it is necessary for the services they provide us.
For the most part, these service providers are our related entities which perform a range of technology, operational and customer service functions for us.
We may also use other off-shore service providers to help provide you with our services or identify ways to improve our service to you.
Our agreements with these parties generally include an obligation for them to comply with Australian privacy laws. Whilst we will take all reasonable care to ensure that overseas providers will handle your personal information securely, you acknowledge that by agreeing to the disclosure of your personal information to these overseas entities for the purposes stated above, we will not be held accountable for any breaches of the APPs by an overseas recipient.
9. Your consent is important
We may require your consent to use and/or disclose your information in particular ways.
For instance, we need your consent if:
we need to use your information for a purpose that is not related to the purpose for which we collected your information in the first place.
we collect ‘sensitive information’. However, we will assume that you have consented to us collecting all information, which is provided to us by you for use in accordance with this policy, including any ‘sensitive information’, unless you tell us otherwise.
Depending on the circumstances, this consent may be express (for example, you expressly agree to the specific use of your information by ticking a box) or implied by some action you take or do not take (for example, your agreement is implied by the fact that you have agreed to the supply of the requested service and thus to their terms and conditions).
10. Protecting your privacy
You can help us to protect your privacy by contacting us immediately if your contact details change.
12. How do I access my personal information?
Subject to some exceptions, you can find out what personal information we hold about you by contacting us. We will need to verify your identity before giving you access.
We will normally be able to deal with your request immediately. If the request is complex, we will ask you to complete a personal information request form. We can usually deal with such a request within 30 days.
We will not charge you a fee for lodging you request; however, depending on the complexity of your request we are permitted under the APPs to recover from you a reasonable fee for supplying the information requested.
In certain circumstances, we may not be able to tell you what personal information is held about you. In these circumstances, we will write to you to explain why we cannot provide you with the information and attempt to find alternative means to enable you to access your information.
Please note that under the APPs your right to access your personal information is subject to certain exceptions which include the following: access may be denied if it would be unlawful, pose a serious threat to the life or health of other individuals, or if it would have an unreasonable impact on the privacy of others; if the request is frivolous or vexatious; if the information relates to existing or anticipated legal proceedings, to a commercially sensitive decision making process, or it may prejudice enforcement activities, a security function or commercial negotiations.
13. How do I request correction of my information?
If you believe the personal information we hold is inaccurate, incomplete or out-of-date, you should contact us.
We will promptly update any personal information that is inaccurate, incomplete or out of date. If you ask us to correct information received through the Jim’s Interior Design Division or information we have previously disclosed to our related entities, we will consult with these providers about the accuracy of your information, as necessary. If we do not agree that your information is inaccurate, incomplete or out of date, we will write to you and tell you the reason(s) why we do not agree with you. We will also tell you what you can do if you are not satisfied with our response.
14. How to contact us and how to resolve your concerns
The relevant contact details are as follows:
Jim’s Interior Design Head Office:
Phone: 131 546 (9am – 5pm AEST weekdays)
24c, 479 Warrigal Road
MOORABBIN VIC 3189, Australia
15. Managing your complaint
If you make a complaint, we will respond within 5 days to let you know who is responsible for managing your complaint. We will record your complaint and will try to resolve it within 20 working days of the date we receive your complaint. When this is not possible, we will contact you within that time to let you know how long we will take to resolve your complaint.
We will investigate your complaint and where necessary, consult with you and/or other members of the Jim’s Interior Design Division about your complaint.
We will make a decision about your complaint and write to you to explain our decision.
16. Office of the Australian Information Commissioner
If you believe your complaint is not satisfactorily resolved, you may apply to the Office of the Australian Information Commissioner (OAIC) to have the complaint heard and determined. You may contact OAIC by:
Forwarding an email to firstname.lastname@example.org;
Telephoning 1300 363 992; or
Writing to OAIC at GPO Box 5218, Sydney NSW 2001.