Privacy Policy

Privacy Policy and Statement

Privacy Statement

Photo Corporation of Australia Pty Ltd and its subsidiaries trading under the names "PixiFoto", "Portrait Place", PixiFoto School Photography", "Colorteknik" (“Company”) are subject to the 10 National Privacy Principles, the NPPs, as set out in the Privacy Act 1988 (amended by the Privacy Amendment (Private Sector) Act 2000) (“Act”).

To comply with our obligations under the NPPs, the Company has a Privacy Policy, which sets out how it manages privacy in the Company. You are welcome to receive more information about the Policy.

Privacy Policy

This Policy is for the benefit of individuals whose personal information may be collected by this organisation.

Purpose of the Policy

The Company takes its obligations under the Act seriously and endeavors to take all reasonable steps in order to comply with the Act and protect the privacy of the personal information that it holds. This policy sets out how it intend to so.

The personal information that the Company collects

The Company may collect and hold the following personal information:

· Your name and that of your partner

· Name and date of birth of your children (for children under 15 years)

· Your address, telephone number and/or other contact details

· Credit card or bank account details

· Photographs of you and/or other members of your family

· Other information relative to the taking or sale of photographs undertaken by the Company

Why we collect it?

The Company collects, uses and discloses the information in accordance with the attached Collection Statement.

Access to your personal information

The Company provides access to the personal information that we hold about you. Access will be provided in accordance with the attached Access Policy. If you require access to your personal information please contact the Privacy Officer by calling 02 8718 6900 or writing to Photo Corporation of Australia Pty. Ltd. 15 Ferndell Street, South Granville, Sydney, 2142.

Complaints

If you have any complaints about our privacy practices or wish to make a complaint about how your personal information is managed please contact the Privacy Officer at the telephone number or the address mentioned above. Complaints will be handled under the attached Privacy Complaints Policy.

Storage

We will take all reasonable steps to protect the security of the personal information that we hold. This includes appropriate measures to protect electronic materials and materials stored and generated in hard copy.

Contract

The Company does not currently contract out data storage or processing functions. If the Company does contract out, it will take measures to protect the information by ensuring that the contracting company is aware of its obligations under the Act and has undertaken all reasonable steps to protect the security of the information which the contracting company holds.

Collection Statement

Use and disclosure

Personal information is collected for the purpose of:

· selling you our product

· selling you our services - photographic services

· processing payment

The Company will usually disclose this information to:

· the Company’s relevant employees

· the bank or finance institution who provides financial accommodation to you in relation to the purchase of the Company’s products and services

Legal reasons why we collect the personal information

We collect the information in order to allow the Company to sell to you products and services from time to time.

What happens if you choose not to provide the information

You are not obliged to give us your personal information. However, if you choose not to provide the Company with the personal details eg name and address we may not be able to provide you with the service/ sell the product/ process your payment in a particular way.

Access

You can gain access to the personal information that the Company holds about you. If you wish to do so please refer to our Access Policy.

Sources of information

Where possible the Company will collect the information directly from the customer. In some cases, our customers are children or young people. It may be more appropriate to collect information from the customer’s parent or appropriate carer.

Access Policy

This policy is directed to those individuals whose personal information is held by the Company.

Purpose

The purpose of this Policy is to set out how the Company will provide access to your personal information. The Policy is part of our Privacy Policy and our desire to provide for, maintain and give effect to your right to privacy.

Overriding principles

At all times the conduct under this Policy will be governed by the following principles:

· All requests for access will be treated seriously

· All requests will be dealt with promptly

· All requests will be dealt with in a confidential manner

· Your request to access your personal information will not effect your existing obligations or effect the commercial arrangements between you and the Company.

Form of Access

The Company will provide access by allowing you to inspect, take notes of or receive copies or print outs of the personal information that the Company holds about you.

You can make your request by contacting the Privacy Officer on 02 8718 6900 or writing to Photo Corporation of Australia Pty. Ltd., 15 Ferndell Street, South Granville, Sydney, 2142.

To obtain access you will have to provide proof of your identity. This is necessary to ensure that personal information is provided only to the correct individuals and that the privacy of others is not undermined.

When will Access be denied?

Access will be denied if:

· the request does not relate to the personal information of the person making the request;

· providing access would pose a serious and imminent threat to life or health of a person;

· providing access would create an unreasonable impact on the privacy of others;

· the request is frivolous and vexatious;

· the request relates to existing or anticipated legal proceedings

· providing access would prejudice negotiations with the individual making the request;

· access would be unlawful;

· denial of access is authorised or required by law;

· access would prejudice law enforcement activities;

· access discloses a ‘commercially sensitive’ decision making process or information; or

· any other reason that is provided for in the National Privacy Principles (NPPs) setout under the Privacy Act.

Where possible, the Company will favour providing access. It may do so by providing access to the appropriate parts of the record or by using an appropriate ‘intermediary’.

Where there is a dispute about the right or forms of access these will be dealt with in accordance with the Company’s Complaints Policy.

Time

We will take all reasonable steps to provide access within 30 days of your request. In cases where the request is not complicated or does not require access to a large volume of information, we will provide information within 14 days.

Costs and charges

The Company will impose the following charges:

· Photocopying – $0.50 per page

· Delivery cost of information stored off-site – where information if stored off-site, the cost of obtaining access to the information - $1.50 per page

· Access to electronic databases – $1.50 per page

Privacy Complaints Policy

How we handle privacy complaints for individual customers

Introduction

The Company sees the importance of privacy to the Company, its customers and other stakeholders. As such the Company is committed to protecting the privacy of the personal information that we hold. This is part of the Company’s:

(a) Legal obligations under the Privacy Act 1988

(b) Ethical and business obligations

The Company places a high priority on effectively dealing with any complaints about privacy that you may have.

Overriding principles

At all times the conduct under this policy will be governed by the following principles:

(a) All complaints will be treated seriously

(b) All complaints will be dealt with promptly

(d) The privacy complaint will not effect your existing obligations or the commercial arrangements that exist between the Company and you.

Who may complain under this policy?

If you have provided us with personal information you have a right to make a complaint, have it investigated and dealt with under this policy.

What is a privacy complaint?

A privacy complaint relates to any concern or dispute that you have with our privacy practices as it relates to your personal information. This could include matters such as:

(a) How personal information is collected

(b) How personal information is stored

(d) How access is provided.

What do I do if I have a complaint about privacy practices?

The Company resolves grievances at the local level if possible. If you have a complaint about privacy please contact the Privacy Officer by phoning 02 8718 6900 or writing to Photo Corporation of Australia Pty. Ltd., 15 Ferndell Street, South Granville, Sydney, 2142.

If your privacy complaint is not resolved by the Privacy Officer, the matter will then be referred to the Group Commercial Manager the next level of management.

Grievance procedure

The goal of this policy is to achieve an effective resolution of your complaint within a reasonable set timeframe but in any event within 28 days of receipt of the complaint.

Once the complaint has been made, the point of contact can then resolve the matter in a number of ways:

1. Request further information: Your initial contact may request further information from you. You should be prepared to give as many details as possible including details of any relevant dates and documentation. This will enable the contact to investigate the complaint and determine an appropriate and useful solution. All details provided will be kept confidential.

2. Discuss options: We will discuss options for resolution and if you have suggestions about how the matter might be resolved you should discuss these with your contact. The contact could also suggest other solutions or give examples of how the personal information can be revised or stored in a different way.

3. Investigation: The complaint may be investigated. The Company will try to do so within 3 working days or as soon as possible. It may be necessary to contact others in order to proceed with the investigation. This may be necessary in order to progress your complaint.

4. Escalate internally: If your complaint can’t be resolved it will be referred to the Group Commercial Manager. This will be discussed with you before the referral.

5. Discussion with any other parties: If your complaint deals with the conduct of our employees we will raise the matter with the employee concerned and seek their comment and input in the resolution of the complaint and investigation stage.

6. The complaint is resolved: If your complaint is found to be substantiated, you will be informed of the reason for the decision. The Company will then take appropriate steps to resolve the complaint and prevent the problem from recurring.

7. If the complaint is not substantiated, or cannot be resolved to your satisfaction, but this policy has been followed, the decision of the Group Commercial Manager will be final. The Company will discuss with you the reasons for the decision.

8. If there is still disagreement your complaint will be dealt with by a mutually agreed independent intermediary.

9. If after all the above steps have been followed your complaint is unresolved you may take your complaint formally to the federal Office of the Privacy Commissioner.

Records

The Company will keep a record of your complaint and the outcome.

Anonymous complaints

The Company is unable to deal with anonymous complaints as we are unable to investigate properly and follow-up such complaints.

However, in the event that an anonymous complaint is received the Company will note the issues raised and try and resolve them appropriately. For example, the Company may wish to conduct further training or provide assistance in a given area.

Information

For any further information about this policy please contact the Privacy Officer at the contact details noted above.