Privacy Policy

The personal information you provide to us will be retained only for as long as necessary to fulfill the purposes for which the information was collected or as required by law. We do not share personal information with third parties except as necessary to carry out our business or your request or as required by law or other legal processes. Wintergarden will never sell your personal information. Wintergarden complies with the National Privacy Act.

Wintergarden recognises its responsibility for protecting the online privacy of your personal information. If you have any questions or comments about our administration of your personal information, or would like to opt out of receiving any marketing material from us, please contact us on (07) 3229 9755. You may also use this address to communicate any concerns you may have regarding compliance with this privacy policy.

This privacy policy sets out the approach which Wintergarden will take in relation to the treatment of personal information. It includes information on how Wintergarden collects, uses, discloses and keeps secure, individuals’ personal information. This policy has been drafted having regard to Wintergarden’s obligations under the Privacy Act 1988 (including the new National Privacy Principles) (the Privacy Act). This policy is a public document and has been prepared in light of National Privacy Principle 5, Openness.

1. COLLECTION

1.1 Wintergarden will only collect personal information where the information is necessary for Wintergarden to perform one or more of its functions or activities. In this context, “collect” means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.

1.2 Wintergarden collects personal information primarily to supply customers with the products and services ordered from it and its related companies. Wintergarden also collects and uses personal information for secondary purposes including: billing and account management, business planning and product development and to provide individuals with information about promotions, as well as the products and services of Wintergarden affiliated companies and other organisations and to enhance the online shopping experience by displaying products and / or services that match the personal preferences of individuals based on their previous website browsing history and / or buying activity.

1.3 Wintergarden will not collect sensitive information from individuals except with consent and only where it is necessary for Wintergarden to collect such information for an activity or function.

1.4 Wintergarden will not collect personal information secretly or in an underhanded way.

1.5 Wintergarden will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.3.

2. USE

2.1 Wintergarden will obtain an individual’s consent for use of non-sensitive personal information for secondary purposes at the time of collection, unless the se is a related secondary purpose which would be within the relevant individual’s reasonable expectations.

2.2 Wintergarden uses personal information primarily for the purposes listed in 1.2 above.

2.3 If Wintergarden relies on the direct marketing exception to direct market to individuals it will ensure that the individual is clearly notified of their right to opt out from further direct marketing, there is only one use of the information before the opt out right is given and this use applies across all Wintergarden related bodies corporate, if the information is shared between those related bodies corporate. The individual is also given an opt out in all further instances of direct marketing if they have not previously chosen to opt out and if the individual opts out of all direct marketing the opt out will be respected by Wintergarden and all its related bodies corporate.

2.4 Wintergarden will not use sensitive information for direct marketing.

2.5 Wintergarden may use personal information to avoid an imminent threat to a person’s life or to public safety. It may also use personal information for reasons related to law enforcement or internal investigations into unlawful activities.

2.6 Wintergarden will not use personal information without taking reasonable steps to ensure that the information is accurate, complete and up to date.

3. DISCLOSURE

3.1 Wintergarden may disclose personal information to related or unrelated third parties if consent has been obtained from the individual. This will include obtaining the individual’s consent for disclosures made under the credit reporting requirements of the Privacy Act.

3.2 Wintergarden may disclose personal information between related bodies corporate. Where information is disclosed to such a related body corporate that related body corporate is bound by the original primary purpose for which the information was collected.

3.3 Wintergarden may disclose personal information to unrelated third parties to enable outsourcing of functions (such as billing, customer relations management and order fulfilment), where there is disclosure or use for a related secondary purpose and has been notified to individuals or where such disclosure is within the individual’s reasonable expectations.

3.4 Wintergarden will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the use and disclosure requirements of the Privacy Act.

3.5 Wintergarden may disclose personal information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.

3.6 If a disclosure is not for a primary purpose; is not for a related secondary purpose; or upfront consent has not been obtained. Wintergarden will not disclose personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.

3.7 Wintergarden does not generally sell or share its customer lists on a commercial basis with third parties but if it did, it would only do so if we had the appropriate consent of the individual involved. If the consent provided is conditional, Wintergarden will take steps to ensure (by contract) that the use of its customer list by third parties does not exceed the scope of the consent.

4. INFORMATION QUALITY

4.1 Wintergarden will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.

4.2 Wintergarden will take steps to destroy or de-identify personal information after as short a time as possible and after a maximum of seven years from the date of the last customer interaction, unless the law requires otherwise.

5. INFORMATION SECURITY

5.1 Wintergarden requires employees and contractors to perform their duties in a manner that is consistent with Wintergarden legal responsibilities in relation to privacy.

5.2 Wintergarden will take all reasonable steps to ensure that paper and electronic records containing personal information are stored in facilities that are only accessible by people within Wintergarden who have a genuine “need to know” as well as “right to know”.

5.3 Wintergarden will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.

6. ACCESS AND CORRECTION

6.1 Wintergarden will allow its records containing personal information to be accessed by the individual concerned in accordance with the Privacy Act.

6.2 Wintergarden will correct its records containing personal information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.

6.3 Individuals wishing to lodge a request to access and / or correct their personal information should do so by contacting Wintergarden Centre Management, as per the details on the website.

6.4 Wintergarden can charge a fee for processing an access request but will generally not do so unless the request is complex or is resource intensive.

7. OPENNESS

7.1 Wintergarden Centre Management will be the first point of contact for inquiries about privacy issues. Individuals wishing to make an inquiry or complaint regarding privacy should do so by contacting Wintergarden Centre Management, as per the details on the Wintergarden website.

7.2 Wintergarden websites will contain a prominently displayed privacy statement and will include a copy of this Wintergarden privacy policy.

8. ANONYMOUS TRANSACTIONS

8.1 Wintergarden will not make it mandatory for visitors to its web sites to provide personal information unless such personal information is required to answer an inquiry or provide a service. Wintergarden may however request visitors to provide personal information voluntarily to Wintergarden (for example, as part of a competition or questionnaire).

9. TRANSFERRING PERSONAL INFORMATION OVERSEAS

9.1 Wintergarden will take reasonable steps to limit the amount of personal information it sends to unrelated organisations overseas.

9.2 If personal information must be sent by Wintergarden overseas for sound business reasons, Wintergarden will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the National Privacy Principles, preferably as part of the services contract.

10. GLOSSARY

  • Collection information means the information outlined in 1.3 notified to individuals prior to, or as soon as practical after, the collection of their personal information.
  • Direct marketing means the marketing of goods or services through means of communication including written, verbal or electronic means. The goods or services which are marketed may be those of Wintergarden or a related body corporate or those of an independent third party organisation.
  • Disclosure generally means the release of information outside Wintergarden, including under a contract to carry out an “outsourced function”.
  • Health information means: a. information or an opinion about: the health or a disability (at any time) of an individual; or ii. An individual’s expressed wishes about the future provision of health services to him or her; or iii. A health service provided or to be provided to an individual; that is also personal information; or b. other personal information collected to provide or in providing a health service; or c. other personal information about an individual collected in connection with the donation; or intended donation by the individual of his or her body parts or body substances.
  • Opt out means an individual’s expressed request not to receive further direct marketing.
  • Wintergarden means all companies in the Wintergarden (aust.) Pty Ltd group.
  • Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion.
  • Primary purpose is the dominant or fundamental reason for information being collected in a particular transaction.
  • Reasonable expectation means a reasonable individual’s expectation that their personal information might be used or disclosed for the particular purpose.
  • Related body corporate means that where a body corporate is: a holding company of another body corporate; a subsidiary of another body corporate; or a subsidiary of a holding company of another body corporate, the first mentioned body corporate and the other body corporate are deemed to be related to each other.
  • Sensitive information means information or an opinion about an individual’s: 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 preferences or practices, criminal record; that is also personal information or health information about an individual.
  • Use means the handling of personal information within Wintergarden.

The Wintergarden Privacy Statement:

1. What personal information does Wintergarden collect?

The types of personal information that Wintergarden records will depend on your usage of our site. If you carry out a transaction online or send us an email, Wintergarden will record information that may differ from the information Wintergarden collects if you simply visit our site.

Purchasing products or services: If you purchase products or services or apply to become a Wintergarden customer, Wintergarden requires you to provide certain details so that we can establish an account (if applicable) and provide you with the product or service. This includes details such as your name and contact information, or in the case of businesses, information about the company, department or association making the purchase or setting up the account. Wintergarden requires this information to help us process and manage your account. Wintergarden also requests information to help us assess your credit worthiness (if applicable). Further details about this can be found in the terms and conditions for the product or service you are purchasing. If you purchase a product or service Wintergarden also requires your credit card details in order to process the purchase. Wintergarden may also request information about you in order to help you decide which product or service would best suit your needs.

Paying your account online or making other enquiries about your account: If you pay your account online, Wintergarden requires you to provide your account details and credit card details in order to process the payment. If you make an online query about your account you will be required to provide your account details, password and contact details so that your inquiry can be resolved as soon as possible.

General requests: You can use the online forms for a number of other purposes such as to request further information about other Wintergarden products and services. In order to process your request, we will require you to provide us with certain personal information. This includes such details as your name and contact information and information about any existing account. If you send us an email request, we will ask for similar information. We require this information to process your request and to improve the services we provide to you. When you are carrying out a transaction or simply making a query, Wintergarden may also ask for information such as details about yourself or your company in order that Wintergarden can better tailor its services or products to your needs and to provide you with information about a range of Wintergarden services or products you might be interested in. Wintergarden may also conduct voluntary surveys or request other voluntary information from time to time. These surveys provide Wintergarden with important information that enables improvement in the types and quality of services offered and the manner in which those services are offered. It will always be clear whether the information requested is mandatory or voluntary.

Navigation Information: Each time you visit the Wintergarden website, anonymous navigation information is collected by our servers. This information includes: the type of browser and operating system you are using; the address of the referring site (ie the previous site you had visited) and the website you leave our site to visit; the date and time of your visit; your server’s IP address (a number which is unique to the machine); and the address of the pages you accessed. This provides Wintergarden with information about how the website is used and navigated, including the number of hits, the frequency of visits and the duration of visits to each web page on the site. It does not personally identify individual users unless the user has previously elected to identify themselves by submitting personal information. In addition, Wintergarden website, like many others, uses cookies. A cookie is a piece of information that the website sends to your browser and which is stored on your hard disk. A cookie helps to identify your browser to the website when you return to visit the site and identifies the previous requests your browser has made. This allows the site to be tailored to you on your return visits. Cookies cannot identify you personally. If you do not wish to receive cookies it is likely that you can disable their use by altering the security settings on your web browser however this may impede your ability to use parts of the site (for example, the shopping trolley). Your web browser might also contain a mechanism that warns you that a site you are visiting makes use of cookies.

2. What happens with your personal information?

The personal information collected from you at this site is, or may be used for credit verification purposes, billing purposes, maintaining your account, notifying you about other or new services or promotions from time to time, providing customer support and in order to provide you with the products, services or information you have requested.

Aspects of these functions may be outsourced to third parties who are only authorised by Wintergarden to use this information for these purposes. Wintergarden may also use its customer database, including information provided by you through this website, to distribute information about other Wintergarden services and other organisations’ services to you. If at any time you no longer wish to receive email or postal communications from Wintergarden or from third parties, you can contact Wintergarden Centre Management at any time and make an ‘opt out’ request, as per details at the end of this statement, information collected on this site may also be combined and de-identified to provide Wintergarden with anonymous demographic and usage information. Wintergarden can then use this aggregated information to develop new and / or more appropriate services and products to offer to customers and may also be provided to third parties. In addition, anonymous navigation information may be used for statistical analysis of the site, for marketing purposes and to tailor the content of the site to the needs of Wintergarden customers. Statistical information is not disclosed in connection with your personal information.

3. Will personal information be given to anyone else?

Personal information collected at this site will only be disclosed to third parties in accordance with this Privacy Statement and with the terms and conditions of any relevant service. You should check the terms and conditions of individual products and services for information about disclosures. Information collected at this site may be disclosed to third parties where functions are being outsourced. Wintergarden may also disclose personal information to law enforcement agencies, government agencies, courts or external advisors where permitted or required by law.

4. Access and Correction

Once you have registered as a Wintergarden customer, you may access your account details and correct your personal information, by logging into your Wintergarden customer account. You can lodge an access request with Wintergarden Centre Management at any time as per the details at the end of this statement.

5. Are personal account details safe when being transmitted?

Wintergarden strives to protect your personal information during its transmission. Customer account information provided through this site is held in a secure server environment behind Wintergarden firewalls. Wintergarden secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including your name and address, so that it cannot be read as the information travels over the Internet. However, while Wintergarden maintains high standards in protecting your security, no transmission over the Internet or storage of information on servers connected to the Internet can be guaranteed to be absolutely secure.

6. Are personal account details stored safely?

Wintergarden takes reasonable steps to ensure the security of personal information held by it from such risks as loss or unauthorised access, destruction, use, modification or disclosure of data. Wintergarden only permits your details to be accessed by authorised personnel. For what purpose does Wintergarden require your personal information? Wintergarden collects and uses personal information about you primarily to supply you with the products and services you order from it and its related companies (Wintergarden Group Companies). Wintergarden also collects and uses personal information for related (or secondary) purposes including: billing and account management, business planning and product development and to provide you with information about promotions, as well as the products and services.

7. How may use your personal information?

Wintergarden may disclose personal information about you (for the purposes set out in clause 1) to: any of the Wintergarden group companies, Wintergarden agents, dealers, contractors and franchisees or the Wintergarden suppliers who need access to the personal information to provide Wintergarden with services, enabling Wintergarden group companies to supply you with the products and services you have ordered.

8. When and how can you opt out?

If you wish only to receive communications that are account-related or legally required, you may request not to receive other communications (ie you may “opt out”). If you wish to make a request to opt-out, you can do so at any time by letting Wintergarden know of your request by following the unsubscribe instructions on any piece of electronic mail from Wintergarden or by contacting the Wintergarden Centre Management team. If you provide Wintergarden with an opt-out request, Wintergarden will activate your request as soon as reasonably possible after receiving it. Wintergarden will not charge you for processing a request to opt-out.

9. Your right to access your records.

You may request access to personal information Wintergarden holds about you, and Wintergarden will grant you access unless it is required or permitted to refuse such a request. You may also request that information about you be corrected if you think that it is not accurate. You should contact us if you require more information. For the purpose of processing some orders and ongoing credit management of your account, Wintergarden may need to disclose to a credit reporting agency:

  • Personal identifying details, including your name, current and previous addresses, driver’s licence number, date of birth and employer.
  • The fact you have purchased a Wintergarden product or service, and any credit limit on your account.
  • The amount of any payments which are overdue for at least sixty (60) days, when steps have been taken by Wintergarden to recover those overdue payments.
  • Where an overdue payment has been previously reported, advice that the payment is no longer overdue.
  • Cheques or credit card payments which have been dishonored.
  • Court judgments or bankruptcy orders made against you.
  • That, in the opinion of Wintergarden, you have committed a serious credit infringement
  • When Wintergarden ceases to provide products or services to you.

You authorise Wintergarden to disclose the information described in clause 7 to a credit reporting agency. You also authorise Wintergarden to seek from or give to any credit providers authorised by you or named in a credit report or to other telecommunications providers (carriers or carriage service providers), and Wintergarden franchisees, agents, contractors and outlets, the same information and any other information on this form and any other information on your credit worthiness, credit history or credit capacity that credit providers are allowed to give under the Privacy Act. You authorise Wintergarden to obtain and use personal credit information (eg; your existing household loans and personal credit card history) for the purpose of considering an application by you for commercial credit to use Wintergarden service and your phone as a sole trader.) You authorise Wintergarden to obtain and use commercial information about your commercial credit worthiness or commercial history (your existing credit record as a sole trader) when considering an application for consumer credit, for example where the service will be used for domestic purposes. Wintergarden may refuse or cancel the supply of products or services on the basis of its credit assessment of you. You are entitled to see, and to correct, any credit information which Wintergarden holds about you.

9. Contacting Wintergarden

Wintergarden is concerned to ensure that your Internet experience is a safe and enjoyable one. If you have any questions or comments about this Privacy Statement you can contact Wintergarden on:

  • Telephone: (07) 3229 9755
  • Fax: (07) 3229 8987
  • Mail: GPO BOX 229, Brisbane, 4001

*Privacy statement last updated on 1 July 2007.

Guidelines

If you wish to create a link from your site to the Wintergarden site, in addition to the general terms and conditions you have read and agreed to above, you acknowledge the following:

  • You may link your site only to the home page of the Wintergarden site.
  • You must display the Wintergarden URL and icon clearly and prominently, without in any way damaging the reputation of Wintergarden, or suggest any association between Wintergarden and other persons, organisations, goods and services, unless approved by Wintergarden.
  • If Wintergarden allows you to use Wintergarden copyright material you may use it only in accordance with Wintergarden directions from time to time, using only material supplied or approved by Wintergarden, without any alteration and incorporating notices indicating Wintergarden ownership of copyright material.

Wintergarden may take legal action in respect of any use of Wintergarden’s name or copyright material, without Wintergarden’s permission, other than in accordance with Wintergarden directions or in breach of Wintergarden’s rights or your general legal obligations.