Privacy

At Termifresh, we know that you care how your personal information is handled and we appreciate your trust that we will do so carefully and sensibly and in complying with Federal and State legislation.

Introduction

TMA Corporation Pty Ltd (and its related entities) (TMA) respects and upholds your right to privacy protection under the Privacy Act 1988 (Privacy Act) and any similar state or territory legislation applicable to TMA’s operations. If applicable, TMA also controls and processes data in accordance with the principles set out in the General Data Protection Regulation (GDPR).

This policy describes how TMA manage any personal information about you that it (and its related entities) may collect and hold.  

What kinds of personal information about me does TMA collect and hold?

TMA may collect and hold the following kinds of personal information about you:

  • name, address, telephone number and email address
  • transaction details associated with your purchases from TMA including credit card details
  • any information you provided to TMA through loyalty programs or customer surveys
  • details of your use of TMA’s website including your server address, domain name, type of browser, date and time of your visit and pages accessed
  • any additional information provided to TMA, its related entities and/or its service and/or support centre 

TMA websites may from time to time use cookies to analyse traffic to assist TMA to provide a better website experience. Cookies are small files used to identify a user and store details about their activity on a website. You can choose to reject cookies by changing your browser settings, however, this may prevent you from taking full advantage of the website. In addition, cookies may be used to serve relevant advertisement to website visitors through third party services such as Google Ads.

If you are under the age of 16, TMA will require the consent of your parent or guardian before you provide any personal information to us via any TMA operated website.

How does TMA collect and hold personal information about me?

TMA may collect personal information about you when you purchase goods and services from TMA, when you contact TMA with an enquiry, when you submit an employment, supplier, franchise or licence application, through TMA’s website or social media platforms, when you enter a competition or other promotion, when you join a loyalty program or TMA’s mailing list or complete a customer survey or when you have any similar dealings with TMA.

TMA may collect information about you regarding your use of any TMA operated website. This is collected using cookies or similar technologies when you access any TMA website. TMA may collect information about the type of device you use to access the website, the operating system and version you use, your IP address, your browser type and the pages you view on any TMA website, and what interactions you have with the content.

TMA may hold personal information about you electronically and in hard copy records.

TMA takes all steps as are reasonable in the circumstances to destroy or de-identify personal information that it no longer needs and is not required by law to retain.

TMA takes all steps as are reasonable in the circumstances and uses all reasonable physical, administrative and technical safeguards to protect personal information that it holds from misuse, interference and loss and from unauthorised access, use, modification and disclosure. Without limitation, we may use data encryption and third-party suppliers to protect personal information from unauthorised access, use and disclosure.

For what purposes does TMA collect, hold, use and disclose personal information about me?

TMA may collect, hold, use and disclose personal information about you for the following purposes:

  • to assist in providing goods and services to you
  • to communicate promotional offers and special events
  • for TMA’s internal administrative, marketing, planning, product development and research requirements
  • to assist with any calls, you make to TMA
  • for any purpose made known to you at the time of collection of your personal information
  • to personalise your website or social media experience, such as recording your preferences and settings, and to collect statistics to help us improve and further develop TMA’s website, products and services

TMA will only use your personal information for the purposes for which you have given your consent. TMA will not disclose personal information about you to any person except on a confidential basis to agents, advisers and suppliers that TMA uses in the ordinary operation of TMA’s business, such as for data processing, printing or mailing or as required by law.

If you elect not to provide your personal information to TMA, TMA may not be able to provide you with the goods and service you require, respond to your requests, manage or administer the goods or services, personalise your experience with TMA or verify your identity.

You have the right not to be subject to a decision by TMA made solely by automated processing. TMA may use automated processing (including profiling) but does not make decisions based on any automated processing only.

At any time, you may opt out of receiving any communications from TMA (other than as required for the operation of TMA’s business, e.g. regarding payment of your account) by unsubscribing from email newsletters, electronic direct mail (eDM’s) or unfollowing social media platforms.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of any TMA’s website.

If at any time you provide the personal information of another person to TMA, then you must ensure that that person has read and understood this policy and separately consents to that personal information being collected and held by TMA for the above purposes.

TMA will hold your personal information for as long as it is necessary to fulfil the purpose for which it is collected and held and to comply with applicable laws, legal obligations, maintain accurate financial and other records, resolve disputes and enforce TMA’s agreements. When it is no longer necessary to hold personal information, TMA may erase such personal information.

How can I access and/or seek the correction of personal information about me that TMA holds?

You may request access to personal information TMA holds about you by writing to TMA at the address below.  Where TMA holds information that you are entitled to access, TMA will endeavour to provide you with a suitable range of choices as to how you access it (eg. emailing or mailing it to you).

If you believe that personal information TMA holds about you is incorrect, incomplete, out of date, irrelevant, misleading or inaccurate, then you may request that TMA correct it.  If TMA is satisfied that the information requires correction, it will take such steps (if any) as are reasonable in the circumstances to correct such information having regard to the purpose for which the information is held. If requested by you, TMA will also notify any other entity that TMA has disclosed that information to, that the information has been corrected.  If TMA refuses to correct the information as requested by you, then TMA will give you a written notice which sets out the reasons for the refusal (except to the extent that it would be unreasonable to do so), the mechanisms available to complain about the refusal and any other matter proscribed by the Privacy Act.

If the GDPR applies, you may also within the limitations of legal and regulatory requirements:

  • Request TMA to erase personal information TMA holds about you or request that further processing of your personal information is restricted or suspended. In some instances, this may mean TMA cannot provide goods or services to you.
  • Request that TMA forward your personal information to a third party.
  • Withdraw your consent to TMA using your personal information.
  • Object to your personal information being used direct marketing.

How can I complain about a breach of the Privacy Act and how will TMA deal with such a complaint?

If you consider that TMA has breached the Privacy Act, you may complain to TMA by writing to TMA at the address below within 6 months of the date of the alleged breach. You must specify full details of the alleged breach. TMA will investigate the complaint and advise you in writing of the outcome of the investigation within 60 days of receipt of the complaint. If TMA has breached the Privacy Act, it will endeavour to rectify the breach in an appropriate manner.

If you believe TMA has failed to adequately respond to your complaint, you may be entitled to lodge a complaint with the data protection authority in your country (if one exists) or a relevant supervisory authority such as the Office of the Australian Information Commissioner by calling 1300 363 992 or by writing to GPO Box 5218, Sydney NSW 2001 or enquiries@oaic.gov.au.

Is TMA likely to disclose personal information about me to overseas recipients? If so, which countries are those recipients likely to be located in?

TMA may disclose personal information about you to overseas recipients [for e.g. data storage/processing/marketing].  It is not practicable to specify the countries those overseas recipients are likely to be located in. The countries in which overseas recipients are located may not have the same privacy or data protection laws as the country in which you initially provided the information and may not provide the same level of protection.

Before TMA discloses your personal information to an overseas recipient, TMA will take reasonable steps to ensure that the overseas recipient does not breach the Privacy Act or any applicable laws and regulations and ensure that TMA has a contract with the overseas recipient, such as a third-party service provider, which complies with the relevant privacy or data protection laws.

Where your personal information is collected within the European Economic Area (EEA), it will only be transferred outside of the EEA where an adequate level of protection for your rights as a data subject can be ensured, and where the transfer is otherwise in accordance with relevant data protection laws. TMA will take steps to ensure that your personal information will be protected to the same level required under and in accordance with current legally recognised data transfer mechanisms, such as where the country has been deemed adequate by the European Commission (EC), where a valid Privacy Shield certification exists in the case of a data transfer to a Privacy Shield certified US recipient, or by adopting appropriate EC approved standard contractual clauses.

Miscellaneous

  1. In this policy “personal information” has the same meaning as under the Privacy Act. 
  2. References to TMA are to TMA Corporation Pty Ltd (ACN 009 452 475) and its related entities.
  3. Any questions or complaints about this policy or the management of any personal information about you by TMA should be made in writing to the address below.  TMA’s contact details are:

 

TMA Corporation Pty Ltd
PO Box 2466, Malaga, WA 6944
Phone: 08 92493868
Email: info@termimesh.com.au

This policy represents TMA’s policy as at 1st November 2021.  TMA may change this policy from time to time by updating the policy that appears on its website.

 

 

 

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