Terms & Conditions

Our commitment to protect your privacy

In your relationship with FiveAM Operations Pty Ltd (we/us/our), you share personal information with us. Depending on the nature of your relationship with us, this information may include your name, date of birth, address, telephone numbers, email addresses, bank accounts, Paypal details, credit card details and other personal details in connection with transactions entered into with us or other dealing you have with us.

We recognise the importance of your privacy and how important it is for us to protect your personal information. We are committed to protecting personal information which we hold and to complying with all relevant privacy laws in the jurisdictions in which we operate, Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and the Privacy Act 1993 (NZ).

This document describes how we manage your personal information and safeguard your privacy.

What personal Information do we collect and hold about you?

When dealing with people other than our employees, we will only collect personal information that is necessary for us to:

• Lawfully and ethically carry on our business
• Provide employment
• Provide the goods and services our customers and consumers require
• Identify suppliers, contractors and consultants with whom we may wish to deal
• Let our customers and consumers know about other products and/or services which might interest them and
• Assist us generally in managing transactions with our consumers, customers, suppliers and other contacts with us.

The kinds of personal information we collect and hold will depend upon the type of products and services we provide to you, or obtain from you. It may be contained in:

• information you give us when you request a product, service or information from us, enter a competition of ours, subscribe to our newsletters, or like us or otherwise connect with us on Facebook® or other social media platforms
• Postings you make on any blog or forums on any site we may operate
• Records of communications between us and you, including in relation to any complaints or enquiries
• Credit account application forms and supply or purchase agreements
• Credit or banking related information necessary to process payment of your purchases from us or our payments to you
• Information about the use of one of our products, or your opinions about that product, recorded when you respond to a survey

The personal information we request is optional, but if you choose not to provide necessary personal information to us, we may not be able to fulfil your request or provide you with the product or service you require. Sometimes, however, there are situations where we are required by law to collect certain personal information from you and, if this is the case, we will inform you of the law that imposes this requirement.

Where practical, you may interact with us anonymously. For example providing feedback to us that does not require a response from us. However, in many cases it will not be possible to interact with us anonymously because we need your personal information to be able to provide the products, services or information you are requesting. For example, if you wish to subscribe to an email newsletter then we need an email address for you.

Where appropriate and practical, at the point of collection of your information we may provide you either an “opt in” or “opt-out” mechanism. An “opt-in” mechanism will provide you the opportunity to positively indicate that you would like or do not object to our sending you such further communications. An “opt-out” mechanism will provide you the opportunity to indicate that you do not want us to send you such further communications, and if you “opt-out” we will not send you any. At any time you may opt out of such future contact by contacting us.

When we collect personal information from you we will generally tell you why the information is being collected, unless the reason for its collection is self evident.

We will collect personal information directly from you whenever it is reasonable practicable to do so. We may, at times, also collect personal information from other parties such as third party social media services such as Facebook ® or Twitter® where they are integrated with our services or websites, credit reporting and collection agencies, unrelated third parties as well as from your agents or representatives (such as your legal or financial adviser) and from publicly available sources of information.

Your privacy on our websites

We generally do not use cookies on our websites. However, our websites may record information if an individual visits the site. The information recorded may include the date and time of the individual’s visit to the site, the pages accessed, any information downloaded and any information and details entered by the individual for an reason. We may use information collected via the website for statistical, reporting and website administration and maintenance purposes.

What do we do with the personal information we collect?

We respect your privacy. Any personal information we collect about you will only be used for the purposes for which it is collected, or for related purposes (such as to improve our products and websites). We will not disclose it without your consent, except as described in this privacy policy.

We may keep and file personal information you provide when dealing with us to assist us in providing you with our services and/or information of interest in respect of your business or your interest as a consumer. For example, we may send publications or other information on our products and services to you or follow up on your interest in particular products and services, unless you tell us not to. We may also, in certain circumstances, share your Personal Information with, or pass it to other companies in the FiveAM Operations Group or outside of the Group.

In order to do this, we disclose your personal information to those employees or advisers who need to know that information to assist us in providing you with our range of products and services.

At times we may retain third parties to process and analyse data we collect on our websites, including your personal information, primarily to help us improve our products and services and our websites. We may also disclose information to affiliates and other third parties necessary to process your transactions or service your account (including print service providers, call centres and mail houses, our accountants, auditors and lawyers and credit reporting and collection agencies). We may also disclose your personal information in corporate transactions involving the transfer of all or part of our business or its assets or in a corporate restructure. If we do this, we generally require these parties to protect your information in the same way we do.

We may also be required or authorised by law to disclose your personal information in certain circumstances. For example, we may disclose your personal information to a court in response to a subpoena or to the relevant Taxation Agency. We may also disclose information to other persons where you have provided your consent to do so and to credit reporting agencies.

Personal information collected by us will be stored and processed in Australia. All personal information will, however, continue to be subject to the terms of this privacy policy.

Once we no longer require your personal information for any of the purposes for which it was collected we will, subject to any legal obligations and responsibilities, take reasonable steps to destroy or de-identify your personal information.

How do we protect your personal information?

When transmitting Personal Information from a computer to us, you should keep in mind that the transmission of information by email or over the Internet is not completely secure or error-free and you should take special care in deciding what information to send to us via email.

We take all reasonable steps to protect your personal information from loss, misuse, modification, or unauthorised access and disclosure. These steps include access control for our buildings, confidentiality obligations imposed on our employees and use of security measures for computer system access. We do not, however, accept any responsibility for the unauthorised access or use of personal information held by us. To the fullest extent permitted by law, we disclaim all liability and responsibility for any damages you may suffer due to any loss, unauthorised access, misuse or alteration of your personal information, either during transmission of that information to us or after we receive it.

You may be able to access external websites, operated by companies unrelated to us, by clicking on links we have provided. Those other websites are not subject to our privacy standards and we are not responsible for their privacy practices or the content of such other websites. You should contact those websites directly to ascertain their privacy standards, policies and procedures.

What rights do you have in relation to your personal information which we hold?

We take all reasonable steps to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. If you become aware of any errors in your personal information or you change your personal details such as your name, address or bank account details, we ask you to contact us as soon as possible.

In most cases, you can gain access to personal information that we hold about you, subject to certain exceptions allowed by law. You can contact us if you would like details of your personal information which we may hold, or if you would like us to correct it. We will handle any request in accordance with the relevant privacy legislation. We may require you to complete a request form and we also reserve the right to charge a reasonable fee for gaining access. We will deal with requests as quickly as possible, but requests for a large amount of information, or information which is not currently in use, may require further time to process.

Generally, if you request us to do so we will amend any personal information about you held by us which is inaccurate, incomplete or out of date. If we disagree with you about the accuracy, completeness or currency of personal information held by us, if you ask we will take reasonable steps to associate with that information a statement to the effect that you claim this to be the case.

You may also contact us to request us to stop using your personal information to contact you about our products and services. If you no longer conduct business with us, you can ask us to remove your personal information. You can contact our Privacy Officer if you wish to obtain more information about the way we manage personal information about you which we hold, or if you are concerned that we may have breached your privacy and wish to make a complaint.

Our Privacy Officer can be contacted at:

Privacy Officer

Email: privacy@fiveam.com.au

Changes to this privacy statement

We may change our privacy policies from time to time to comply with new laws or industry codes of practice which are developed. It is your responsibility to refer to our privacy policies from time to time to familiarise yourself with any changes. We encourage you to visit our website regularly for any updates to our privacy policies.

Last Updated: 10 September, 2024