| 1. Introduction
1.1 We understand that the privacy of your personal details, and
the security of your transactions with us, is of paramount importance
to you. Gerry Lister has therefore adopted data protection policies
with respect to your privacy and security. Gerry Lister's Privacy
Policy sets out the rules we will abide by when dealing with personal
information we collect from individuals in the course of our business.
We have based our policy upon the Internet Industry of Australia's
(IIA) draft Privacy Code of Practice, which adopts internationally
recognised Privacy protection standards (such as the 'Safe Harbour'
principles required by most European countries). The IIA Code also
covers the requirements of the new Australian Privacy legislation.
1.2 We may make alterations or additions to this policy from time
to time. Should we do so, we will update the policy on our web site.
We require that all our customers agree to abide by our Privacy
Policy as part of our terms of trade. This policy also applies to
users of our web site who are not customers of Gerry Lister.
1.3 Please note that we cannot and do not assume any responsibility
for the privacy or security practices of any other web sites which
you may be able to access through our site, or for our customers'
level of compliance with our code.
2. What Information Do We Collect?
Gerry Lister collects different information about you at different
times. There are four broad categories of information that we collect
from you:
2.1 Information we require to supply our services.
(a) When you make an inquiry about our services, we request information
such as your name, address, telephone number, domain name, email
details of your primary and secondary contacts, We may also ask
for your age and gender.
2.2 Non personally identifying information.
(a) In addition to the information you specifically provide above,
Gerry Lister operates statistics gathering software on its web site
to collect information about the number of visitors coming to the
site. No identifying information is collected by this software.
The software records the IP address of the visitor only. We use
this information to improve our own technical structure and performance,
and to determine which areas of our web site are most popular.
(b) We also use 'cookies'. Cookies are pieces of information that
a web site can transfer to an individual's computer in order to
allow that web site to store information about user preferences.
We use cookies which expire once the visitor leaves our web site.
Cookies are used to collect session ID's. It is possible to adjust
your internet browser to refuse cookies, but you may find that this
reduces the functionality of this site.
2.3 Other demographic information.
If you respond voluntarily to our surveys or other interactive communications,
we collect the responses and use the information to improve the
quality and range of Gerry Lister's products and services.
2.4 Personal information stored on a web site hosted by WebCentral.
WebCentral will have personal information stored on our servers
due to the fact that we host web sites of other organisations. Any
information that is submitted to or collected by these organisations
will be physically located on a WebCentral server. This information,
whether voluntarily provided or not, will not be used or released
by WebCentral in any manner, and it will be kept strictly confidential,
unless we are required to release the information by law.
3. How Do We Use Personal Information We Have Collected?
3.1 We collect and use your personal information to operate our
web site and deliver our services to you. We will use your personal
information to provide you with:
· technical support
· billing and credit control
· sales support
· product upgrades and
· information.
3.2 You may stop the delivery of future promotional email from
Gerry Lister by following the specific instructions in the email
you receive. These instructions will tell you how to remove your
name.
3.3 We may use your personal information to:
(a) contact you in relation to upgrading your use of our services,
special offers (from us, or on behalf of third parties), with newsletters,
surveys, and individual service audits. We may give extracts of
our customer lists containing personal information to third party
contractors to do this on our behalf. We will ensure that those
contractors are bound to protect your personal information to the
same standard that we are.
(b) identify the source of new customers to Gerry Lister;
(c) monitor and address complaints, other feedback, and to resolve
disputes;
(d) in the case of credit cards, to bill you for services;
(e) in the case of ABNs, to verify your identity;
(f) in the case of our partners who are IT professionals, to ascertain
your areas of specialty and to refer prospective customers to you;
(g) maintain a technical and account history of your dealings with
the host;
(h) monitor your compliance with our Terms and Conditions of supply;
(i) comply with our reporting and other obligations to third party
licensors (such as reporting to software suppliers the number and
identity of software licenses we have issued as part of our hosting
products).
3.4 We will treat all information we collect from you as strictly
confidential. Gerry Lister does not rent or lease its customer lists
to third parties. We will not reveal, disclose, sell, distribute,
rent, licence, share or pass onto any third party (other than those
who are contracted or supply services to Gerry Lister) any personal
information that you may have provided to us unless we have your
express consent to do so, other than in the circumstances set out
in the next paragraph.
3.5 We will disclose your personal information, without notice
or your consent, only if:
(a) we are required to do so by law or in the good faith belief
that such action is necessary to conform with the laws, applicable
code of conduct or legal process served on us in relation to our
business or web site;
(b) to protect and defend the rights or property of Gerry Lister;
(c) if we consider it necessary to do so in order to enforce or
apply the terms of any of our agreements with you;
(d) if we sell our business or part of it; and
(e) in extreme circumstances, to protect the personal safety of
users of Gerry Lister's services, its web site, our staff or the
public.
4. Security
4.1 Security features have been implemented in the host's database
to protect your personal information from unauthorised access. They
maintain their servers in a controlled, secured environment. Only
staff who need to have access to your personal information in order
to perform their job function are authorised to access the database.
Constant changes to the internet and technology mean that they cannot
guarantee that data transmission will be 100% secure, or safe from
attack by unauthorised intruders.
5. Other Disclosure By You
5.1 You might provide personal information through your participation
in chat sessions, message boards, email exchanges or newsgroups
accessed via gerrylister.com, or another service provided by Gerry
Lister. This information is public and immediately available to
anyone who has access to such a site; it is not private. Gerry Lister
urges you to enter only information that you are comfortable to
share with the public at large in this public domain. This Privacy
Policy does not apply to such information.
6. Children's Privacy
Gerry Lister does not knowingly collect, use or market any information
to children without seeking parental or a guardian's consent. We
also urge you to familiarise yourself with your legal responsibilities
with regard to children and the internet.
7. Complaints
If you have a complaint about any aspect of our Privacy procedures,
please contact info@gerrylister.com. We will deal promptly with
your complaint. If we cannot resolve the complaint to your satisfaction
within a reasonable time, you or we may refer the complaint to the
Privacy Commissioner.
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