STAY UPRIGHTS TERMS OF USE AND PRIVACY POLICY 2017-03-21T19:05:37+00:00

Stay Uprights Terms of Use and Privacy Policy

TERMS OF USE

Subject to any local laws that cannot be excluded, the law applicable to the use of the material on this website under the domain name “www.stayupright.com.au” (“Material”) and to disputes arising out of the Material, is the state of New South Wales, Australia.

Your use of this website is governed by these terms and the associated privacy policy set out below.

“We” or “Stay Upright” means Stay Upright Pty Ltd (ABN 41 002 099 069) and its directors and officers.

Aggregate Information

From time to time, we may collect general, non-personal, statistical information about the use of our websites, such as how many visitors visit a specific page on the website, how long they stay on that page and which hyperlinks, if any, they “click” on. We collect this information through the use of “cookies” and other tracking technologies, which are discussed in greater detail below. We collect this information in order to determine which areas of the website are most popular and to enhance the website for visitors. We may group this information into aggregate visitor data in order to describe the use of the website to our existing or potential business partners, sponsors, advertisers, or other third parties, or in response to a government request. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the website.

Anti-Spam Notice

Publication of electronic addresses on the website of Stay Upright is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.

Material on this Site

Changes are made periodically to the Material, and Material could include technical inaccuracies or typographical errors. Stay Upright makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of any Material. Stay Upright does not warrant or represent that the Material will not cause damage, or is free from any computer virus of any other defects or errors. Stay Upright is not liable to users of the Material for any loss or damage however caused resulting from the use of the Material.

Links to Other Sites

Material may contain links to other sites. Stay Upright does not necessarily sponsor, endorse, or approve of any material on such sites or the operations of such sites.

Stay Upright makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other websites to which Material is linked.

Limitations of Liability

Subject to any applicable law to the contrary which cannot be excluded, any liability incurred in relation to Material is limited to the resupply of the Material, or the reasonable cost of having the Material resupplied.

Under no circumstances will Stay Upright be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Material.

Copyright in Material on This Site

Unless otherwise expressly indicated in specific Material, copyright subsisting in Material is owned or licensed by Stay Upright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Material may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of the copyright owner. To make an inquiry, email [email protected]

Unless otherwise indicated, Stay Upright grants you permission to do the following with Material:

a)    store a reproduction of Material on your local computer for the sole purpose of viewing the material

b)    print hard copies of Material for informational, non-commercial use

c)    reproduce or distribute any complete page of the Material so long as:

i. you do not reproduce or distribute less than a complete page, or, where a document consists of more than one page, less than the complete document;

ii. this copyright notice appears in its entirety in each copy made or distributed, and

iii. the Material is appropriately attributed to Stay Upright.

The copyright owner reserves all other rights.

Copyright in Other Material

Stay Upright makes no warranties or representations that material on other websites to which Material is linked does not infringe the intellectual property rights of any person anywhere in the world.

Stay Upright is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking Material to such material on other sites.

STAY UPRIGHT’S PRIVACY POLICY

Introduction

Stay Upright Pty Ltd (collectively, “Stay Upright”, “we”, “us”), are committed to respecting your privacy. This document explains our policy for dealing with your personal information which:

  • you provide us through the website www.stayupright.com.au (“Website”) or any other form of communication with us (whether as a client, visitor to our Website, job applicant or other member of the public); and/or
  • we have collected from a third party or other source.

This Privacy Policy may change from time to time. Please check our Website for any changes before providing your personal information.

Application of Privacy Laws

Stay Upright is bound by the Privacy Act 1988 (Cth) including the Australian Privacy Principles (as amended or replaced from time to time) and other laws which protect privacy. Certain acts or practices of Stay Upright are exempt from these laws, for example in relation to:

  • employee records; and
  • communications between related bodies corporate (where the related bodies corporate are located in Australia).

This Privacy Policy applies only where the Australian Privacy Principles also apply, and does not create obligations that otherwise would not apply (ie where an exemption applies).

What is Personal Information?

This Privacy Policy concerns any personal information or sensitive information about you which is provided to us.

Personal information is any information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in material form or not. Examples of personal information include your name, address, telephone number and email address, or more complex information like a resume or information about your use of our services.

Sensitive information is a subset of personal information and is defined as information or an opinion about your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information, genetic information, biometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates. We will take reasonable steps to ensure that we only collect sensitive information that is relevant for the required purpose of collection, and does not unreasonably intrude on your personal affairs.

How does Stay Upright collect your Personal Information?

We collect personal information that is necessary for our business activities and in order to provide and develop our services. We may do this in a number of ways, including:

  • directly from you, when you provide it to us or our agents or contractors;
  • from publicly available resources;
  • by analysing our own records of your use of our services and Website.

For example, we may collect personal information:

  • when you request, or in the course of us providing, motorcycle training services or other associated services;
  • when considering requests for sponsorship;
  • when you seek employment with Stay Upright (e.g. via our vacancies page or on seek.com.au); and
  • that you otherwise provide via www.stayupright.com.au (e.g. in an online profile, electronic form, email or survey).

The type of personal information we collect may include your name, professional and contact details, information relating to dealings with us or our clients, interests and preferences in relation to our services and, in the case of job applicants, information about your education and employment history.

We may also collect sensitive information about you, including health information.

If we are not provided with personal information that we request, we may not be able to meet your request, provide our services to you or, in the case of job applicants, consider your eligibility for employment with us.

Use of Personal Information

We may use the personal information we collect for a number of purposes connected with our business operations, including:

  • to verify your identity;
  • to contact you;
  • to meet your or your company’s requests;
  • to provide our services to you;
  • to obtain your products and services;
  • to assess your job application;
  • to maintain our relationships with you and others;
  • for research, planning, service development, security or risk management; and
  • where a third party acquires or wishes to acquire, or makes inquiries in relation to acquiring, an interest in Stay Upright.

We may also use your personal information for employee recruitment and assessment purposes.

Your personal information may also be used by us for purposes related to those described above which would reasonably be expected by you, but we will not otherwise use your personal information unless you have consented (e.g. where you consent to receive marketing materials) or as required by or permitted by Australian law (including for public health or safety or law enforcement reasons).

Disclosure of Personal Information

We may share your personal information where required or permitted by Australian law. We may also share your personal information with third parties including:

  • our clients;
  • our correspondent offices overseas;
  • your employer or place of business; and
  • your professional advisers and organisations with whom we have co-promotional arrangements (and third parties used in administering those arrangements).

We may also share your personal information with our related companies, business partners and others engaged in providing us with services where reasonably required, including organisations that assist us by providing archival, auditing, professional advisory (including legal, accounting, financial and business consulting), mailhouse, delivery, technology, website, research, banking, payment, customer contact, data processing, insurance and security services.

If submitting an employment application, in certain circumstances you may be required to complete a pre-employment health questionnaire. You may also be asked to undergo a pre-employment medical assessment. In that case, Stay Upright will disclose your questionnaire to its service providers for the purposes of arranging the medical assessment and for the relevant service providers to disclose the results of the assessment to Stay Upright. Stay Upright may also disclose the information contained in your application to contracted service providers for purposes such as screening, aptitude testing, medical testing and human resource management activities.

We may also share your personal information with your listed emergency contact if we believe in good faith that the disclosure is required by law or to protect the safety of you, other customers, employees or Stay Upright’s property. In the case of a medical emergency requiring treatment, we may also contact your emergency contact to let them know your whereabouts.

Accessing and Updating Personal Information

Individuals have a right to request access to, or correction of, their personal information. If you wish to seek access to or to request correction of any personal information we hold about you, please contact us using the ‘contact details’ set out below. We request that you provide us with as much detail as possible about the particular information sought, in order to help us retrieve it. A reasonable access fee may be charged to cover our costs of providing that information.

We take reasonable steps to make sure that the personal information we collect, hold, use and disclose is accurate, complete and up-to-date. To ensure your personal information held by us is accurate, if you become aware that such information is incorrect or out of date, please contact us to request that the information be updated.

Security of Personal Information

Irrespective of whether personal information is stored electronically or in hard copy form, we will take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure. Please be aware that no internet communication is ever entirely secure or protected.

Examples of reasonable steps we take to protect the information we hold may include:

  • storing personal information in electronic format on secure servers or lockable cabinets if in hardcopy format;
  • restricting the number of employees internally who can access such personal information; and
  • employing password protection to electronic files containing personal information.

We will only retain your information as long as necessary for a permitted purpose, unless otherwise required by law.

Complaints

If you are concerned that we have not complied with your legal rights or applicable privacy laws, you may bring a complaint internally through our complaints process or you may decide to make a formal complaint with the Office of the Australian Information Commissioner (www.oaic.gov.au) (which is the regulator responsible for privacy in Australia).

We will deal with complaints as follows:

Step 1: Let us know

  • If you would like to make a complaint, you should let us know by contacting our Privacy Officer using the Contact Details set out below.
  • A response will be provided within a reasonable period.

Step 2: Investigation of complaint

  • Your complaint will be investigated by our Privacy Officer.
  • A response to your complaint will be provided in writing within a reasonable period.

Step 3: Contact OAIC

We expect our procedures will deal fairly and promptly with your complaint. However, if you remain dissatisfied, you can also contact the Office of the Australian Information Commissioner as follows:

Office of the Australian Information Commissioner (OAIC)
Complaints must be made in writing.
Phone: 1300 363 992

Address:

Director of Compliance
Office of the Australian
Information Commissioner
GPO Box 5218
Sydney NSW 2001
Website: www.oaic.gov.au

Our website and electronic communications

If you visit the Website to read, browse or download information, our system may record information such as the date and time of your visit to the Website, the pages accessed and any information downloaded. This information is used for statistical, reporting and website administration and maintenance purposes only.

The Website may contain links to other third party sites. We are not responsible for the privacy practices or policies of those sites – you should check their own privacy policies before providing your personal information.

Contact details

If you have any questions or feedback about privacy, or the way in which we handle your personal information (including whether and what type of health information we hold about you), you may contact us at:

Address:

Stay Upright Pty Ltd
Unit 217/ T1 Building
14 Lexington Drive
Baulkham Hills NSW 2153
Attn: Privacy Officer

Phone 02 8824 9980
Email: [email protected]

Last updated: 9 March 2017