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Legals

By making a purchase with driveCE you are entering into a contract between you and driveCE. This Agreement sets out the conditions under which you access services from driveCE. By using the services of the driveCE website you are bound by this Agreement.

1.  Interpretation
In these Conditions:

  • Agreement is an agreement between you and driveCE to supply goods or services, and consists of the Order and these conditions;
  • Conditions are these conditions, and any agreed written variations;
  • Goods are goods described in an Order, and includes packaging;
  • Intellectual Property Rights includes all rights in respect of copyright, trademarks, patents, designs and protection of confidential information, whether arising under statute or otherwise;
  • Order is an order by you to purchase Goods or Services from driveCE;
  • Product Offering is the list or promotion of Goods or Services displayed on the driveCE website or in driveCE proposals, as amended from time to time; 
  • Services are services described in an Order.

2. The Agreement
An agreement exists between you and driveCE once driveCE accepts an order or receives the order and does not reject it within seven days. Each order is a separate Agreement.

3. Client Details
Details to be completed: You must complete your billing details as part of placing an order with driveCE. You warrant that all information and data provided by you in the billing details is accurate, complete and up to date. You must promptly inform driveCE if there is a change to this information or data.

4. Orders And Delivery Of Goods or Services
Authorised receipt of Goods: Anyone at the Delivery Address (Physical or Digital) who receives the Goods or Services shall be presumed by driveCE to be authorised to receive the Goods or Services. driveCE may request that the person who receives the Goods or Services at the Delivery sign or confirm proof of receipt.

5. Risk In The Goods and Services
Risk in the Goods or Services passes to you upon delivery of the Goods to the Delivery Address.

6. Price Of Goods and Services And Payment
Purchase price: The purchase price of the Goods and Services as shown on the Product Offering is the purchase price which is applicable at the time you view it. All prices are in Australian dollars and are, in the case of purchases for delivery in Australia, inclusive of GST.

7. Total Price of Goods or Services: Goods or Services in your Order are charged at the purchase price applicable at the time you submit your Order and as shown on the order confirmation.

8. Invoice: Upon the placing of and payment for your Order driveCE will provide you with an electronic invoice (and in the case of purchases for delivery in Australia, a Tax Invoice) specifying the total price for the Goods and Services.

9. Online Payment by Credit Card: You must pay for the Goods or Services after placing the Order on request from driveCE - driveCE will process a facility to make your payment using your credit card (MasterCard, Visa or American Express). The payment may be processed after the time of the Order and before the Goods or Services are delivered, or after delivery as may be agreed.

10. Intellectual Property Rights
You acknowledge that driveCE, or its supplier partners, owns or is licensed to use all Intellectual Property Rights in Goods and Services, including any images, photographs or text which appears on the driveCE website. You must not make any representation to the contrary and you must not use or copy driveCE logos, images or intellectual property in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos which appear on the driveCE website are owned by or licensed to driveCE and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

11. Liability
You acknowledge that the driveCE website, Goods and Services are provided "as is" and that driveCE is not making and has not made any warranty or representation as to their suitability for any particular purpose. In using the driveCE website, you are not relying on any statement or representation made by driveCE which is not expressly contained in this Agreement. Any liability of driveCE arising out of or in connection with a breach of an express or implied warranty or condition in respect of Goods or Services supplied to you through the use of the driveCE website (other than a condition or warranty implied by legislation which does not permit driveCE’s liability to be limited as stated in this clause 11) will, at the election of driveCE, be limited to:
(a) the replacement of the Goods or Services or the supply of equivalent Goods or Services again; or
(b) The refund of all monies paid by you.

The entire risk arising out of installation, downloading, use or performance of any Goods or Services remains with you. To the extent permitted by law, you release and discharge driveCE from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with driveCE or this Agreement, including loss or damage caused by the negligence of driveCE or its employees or its agents.

12. Notification Of Changes
driveCE may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 15. Your use of the driveCE website, Goods and Services after notice is provided will constitute your deemed acceptance of such changes.

13. Privacy And Security
Visit the following section below for details on the driveCE’s Privacy Policies.

14. Termination
driveCE may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 15 Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice).

15. Notices
driveCE may give notice to you by electronic mail, conventional mail or notice posting on the driveCE website.

16. Severability
Each provision of this Agreement (including these Conditions) is severable. Severance does not affect any other provision.

17. Laws
The laws of Victoria, Australia govern this Agreement. You and driveCE submit to the non-exclusive jurisdiction of the Courts of Victoria in respect of this Agreement.

Privacy
driveCE is committed to maintaining the privacy and confidentiality of its clients and their customers' records. driveCE complies with the Privacy Act 1988 including the 13 Australian Privacy Principles (APPs) as outlined in the Privacy Amendment (Enhancing Privacy Protection) Act 2012.

Providing an overall framework for our privacy practices, driveCE has developed and implemented this Privacy Policy. driveCE manages personal information in an open and transparent way. This is evident in the implementation of practices, procedures and system we outline in this policy, that ensure our compliance with the APPs and any binding registered APP code, and provide suitable procedures for driveCE personnel to be able to deal with related inquiries and complaints that may be received from time to time.

The following sections of this policy outline how we manage personal information.

Australian Privacy Principle 1 – Open and transparent management of personal information
Purposes for information collection, retention, use and disclosure
driveCE retains a record of personal information about all individuals with whom we undertake any form of business activity. driveCE must collect, hold, use and disclose information from our clients and stakeholders for a range of purposes, including but not limited to:

  • Providing services to clients;
  • Managing employee and contractor teams;
  • Promoting products and services; and
  • Conducting internal business functions and activities.

Individuals are advised that due to these requirements, driveCE may need to disclose information held on individuals for valid purposes to a range of entities including Governments (Commonwealth, State or Local).

Kinds of personal information collected and held
The following types of personal information are generally collected, depending on the need for service delivery:

  • Contact details;
  • Employment details;
  • Product/service progress and achievement information; and
  • Financial billing information.

The following types of sensitive information may also be collected and held:

  • Identity details;
  • Financial / payment information;
  • Employee details & HR information; and
  • Complaint or issue information.

How personal information is collected
driveCE’s usual approach to collecting personal information is to collect any required information directly from the individuals concerned. This may include the use of forms (such as registration forms or service delivery records) and the use of web based systems (such as online enquiry forms, web portals or internal operating systems). driveCE does receive solicited and unsolicited information from third party sources in undertaking service delivery activities. This may include information from such entities as Governments (Commonwealth, State or Local).

How personal information is held
driveCE’s usual approach to holding personal information includes robust storage and security measures at all times. Information on collection is:

  • As soon as practical converted to electronic means;
  • Stored in secure, password protected systems, such as financial system, learning management system and student management system; and
  • Monitored for appropriate authorised use at all times.

Only authorised personnel are provided with login information to each system, with system access limited to only those relevant to their specific role. driveCE ICT systems are hosted with robust security to server systems access. Virus protection, backup procedures and ongoing access monitoring procedures are in place. Destruction of paper based records occurs as soon as practicable in every matter, through the use of secure shredding and destruction services at all driveCE sites. Individual information held across systems is linked through driveCE allocated identification number for each client.

Retention and Destruction of Information
driveCE maintains a Retention and Disposal Schedule documenting the periods for which personal information records are kept.

Accessing and seeking correction of personal information
driveCE confirms all individuals have a right to request access to their personal information held and to request its correction at any time. In order to request access to personal records, individuals are to make contact with:

driveCE Privacy Officer
info@drivece.com.au

Third parties, other than the individual, may request access to an individual’s personal information. Such third parties may include employers, Governments (Commonwealth, State or Local) and various other stakeholders. In all cases where access is requested, driveCE will ensure that:

  • Parties requesting access to personal information are robustly identified and vetted;
  • Where legally possible, the individual to whom the information relates will be contacted to confirm consent (if consent not previously provided for the matter); and
  • Only appropriately authorised parties, for valid purposes, will be provided access to the information.

Complaints about a breach of the APPs or a binding registered APP code
If an individual feels that driveCE may have breached one of the APPs or a binding registered APP Privacy Complaints Procedure below for further information.

Likely overseas disclosures
driveCE confirms that individuals’ personal information will not be disclosed to overseas recipients.

Making our APP Privacy Policy available
driveCE provides our APP Privacy Policy available free of charge, with all information being publicly available from the legals link on our website at www.driveCE.com.au. In addition, this APP Privacy Policy is available for distribution free of charge on request, as soon as possible after the request is received, including in any particular format requested by the individual as is reasonably practical. If, in the unlikely event the APP Privacy Policy is not able to be provided in a particular format requested by an individual, we will explain the circumstances around this issue with the requester and seek to ensure that another appropriate method is provided.

Review and Update of this APP Privacy Policy
driveCE reviews this APP Privacy Policy:

  • On an ongoing basis, as suggestions or issues are raised and addressed, or as government required changes are identified; and
  • As a component of each and every complaint investigation process where the compliant is related to a privacy matter.

Where this policy is updated, changes to the policy are widely communicated to stakeholders through internal personnel communications, meetings, training and documentation, and externally through publishing of the policy on driveCE’s website and other relevant documentation for clients.

Australian Privacy Principle 2 – Anonymity and pseudonymity
driveCE provides individuals with the option of not identifying themselves, or of using a pseudonym, when dealing with us in relation to a particular matter, whenever practical. This includes providing options for anonymous dealings in cases of general project enquiries or other situations in which an individuals’ information is not required to complete a request. Individuals may deal with us by using a name, term or descriptor that is different to the individual’s actual name wherever possible. This includes using generic email addresses that does not contain an individual’s actual name, or generic user names when individuals may access a public component of our website or enquiry forms. driveCE only stores and links pseudonyms to individual personal information in cases where this is required for service delivery (such as system login information) or once the individual’s consent has been received. Individuals are advised of their opportunity to deal anonymously or by pseudonym with us where these options are possible.

Australian Privacy Principle 3 — Collection of solicited personal information
driveCE only collects personal information that is reasonably necessary for our business activities. We only collect sensitive information in cases where the individual consents to the sensitive information being collected, except in cases where we are required to collect this information by law, such as outlined earlier in this policy. All information we collect is collected only by lawful and fair means. We only collect solicited information directly from the individual concerned, unless it is unreasonable or impracticable for the personal information to only be collected in this manner.

Australian Privacy Principle 4 – Dealing with unsolicited personal information
driveCE may from time to time receive unsolicited personal information. Where this occurs we promptly review the information to decide whether or not we could have collected the information for the purpose of our business activities. Where this is the case, we may hold, use and disclose the information appropriately as per the practices outlined in this policy. Where we could not have collected this information (by law or for a valid business purpose) we immediately destroy or de-identify the information (unless it would be unlawful to do so).

Australian Privacy Principle 5 – Notification of the collection of personal information
Whenever driveCE collects personal information about an individual, we take reasonable steps to notify the individual of the details of the information collection or otherwise ensure the individual is aware of those matters. This notification occurs at or before the time of collection, or as soon as practicable afterwards. Our notifications to individuals on data collection include:

  • driveCE’s identity and contact details, including the position title, telephone number and email address of a contact who handles enquiries and requests relating to privacy matters;
  • The facts and circumstances of collection such as the date, time, place and method of collection, and whether the information was collected from a third party, including the name of that party;
  • If the collection is required or authorised by law, including the name of the Australian law or other legal agreement requiring the collection;
  • The purpose of collection, including any primary and secondary purposes;
  • The consequences for the individual if all or some personal information is not collected;
  • Other organisations or persons to which the information is usually disclosed, including naming those parties;
  • Whether we are likely to disclose the personal information to overseas recipients, and if so, the names of the recipients and the countries in which such recipients are located.
  • A link to this APP Privacy Policy on our website or explain how it may be accessed; and
  • Advice that this APP Privacy Policy contains information about how the individual may access and seek correction of the personal information held by us; and how to complain about a breach of the APPs, or any registered APP code, and how we will deal with such a complaint.

Where possible, we ensure that the individual confirms their understanding of these details, such as through signed declarations, website form acceptance of details or in person through questioning.

Collection from third parties
Where driveCE collects personal information from another organisation, we:

  • Confirm whether the other organisation has provided the relevant notice above to the individual; or
  • Whether the individual was otherwise aware of these details at the time of collection; and
  • If this has not occurred, we will undertake this notice to ensure the individual is fully informed of the information collection.

Australian Privacy Principle 6 – Use or disclosure of personal information
driveCE only uses or discloses personal information it holds about an individual for the particular primary purposes for which the information was collected, or secondary purposes in cases where:

  • An individual consented to a secondary use or disclosure;
  • An individual would reasonably expect the secondary use or disclosure, and that is directly related to the primary purpose of collection; or
  • Using or disclosing the information is required or authorised by law.

Requirement to make a written note of use or disclosure for this secondary purpose
If driveCE uses or discloses personal information in accordance with an ‘enforcement related activity’ we will make a written note of the use or disclosure, including the following details:

  • The date of the use or disclosure;
  • Details of the personal information that was used or disclosed;
  • The enforcement body conducting the enforcement related activity;
  • If the organisation used the information, how the information was used by the organisation;
  • The basis for our reasonable belief that we were required to disclose the information.

Australian Privacy Principle 7 – Direct marketing
driveCE does not use or disclose the personal information that it holds about an individual for the purpose of direct marketing, unless:

  • The personal information has been collected directly from an individual, and the individual would reasonably expect their personal information to be used for the purpose of direct marketing; or
  • The personal information has been collected from a third party, or from the individual directly, but the individual does not have a reasonable expectation that their personal information will be used for the purpose of direct marketing; and
  • We provide a simple method for the individual to request not to receive direct marketing communications (also known as ‘opting out’).

On each of our direct marketing communications, driveCE provides a prominent statement that the individual may request to opt out of future communications, and how to do so. An individual may also request us at any stage not to use or disclose their personal information for the purpose of direct marketing, or to facilitate direct marketing by other organisations. We comply with any request by an individual promptly and undertake any required actions for free. We also, on request, notify an individual of our source of their personal information used or disclosed for the purpose of direct marketing unless it is unreasonable or impracticable to do so.

Australian Privacy Principle 8 – Cross-border disclosure of personal information
Before driveCE discloses personal information about an individual to any overseas recipient, we undertake take reasonable steps to ensure that the recipient does not breach any privacy matters in relation to that information.

Australian Privacy Principle 9 – Adoption, use or disclosure of government related identifiers
driveCE does not adopt, use or disclose a government related identifier related to an individual except:

  • In situations required by Australian law or other legal requirements;
  • Where reasonably necessary to verify the identity of the individual;
  • Where reasonably necessary to fulfil obligations to an agency or a State or Territory authority; or
  • As prescribed by regulations.

Australian Privacy Principle 10 – Quality of personal information
driveCE takes reasonable steps to ensure that the personal information it collects is accurate, up-to-date and complete. We also take reasonable steps to ensure that the personal information we use or disclose is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant. This is particularly important where:

  • When we initially collect the personal information; and
  • When we use or disclose personal information.

We take steps to ensure personal information is factually correct. In cases of an opinion, we ensure information takes into account competing facts and views and makes an informed assessment, providing it is clear this is an opinion. Information is confirmed up-to-date at the point in time to which the personal information relates. Quality measures in place supporting these requirements include:

  • Internal practices, procedures and systems to audit, monitor, identify and correct poor quality personal information (including training staff in these practices, procedures and systems);
  • Protocols that ensure personal information is collected and recorded in a consistent format, from a primary information source when possible;
  • Ensuring updated or new personal information is promptly added to relevant existing records;
  • Providing individuals with a simple means to review and update their information on an on-going basis through our online portal;
  • Reminding individuals to update their personal information at critical service delivery points (such as project commencement) when we engage with the individual;
  • Contacting individuals to verify the quality of personal information where appropriate when it is about to used or disclosed, particularly if there has been a lengthy period since collection; and
  • Checking that a third party, from whom personal information is collected, has implemented appropriate data quality practices, procedures and systems.

Australian Privacy Principle 11 — Security of personal information
driveCE takes active measures to consider whether we are able to retain personal information we hold, and also to ensure the security of personal information we hold. This includes reasonable steps to protect the information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. We destroy or de-identify personal information held once the information is no longer needed for any purpose for which the information may be legally used or disclosed. Regular staff training and information bulletins are conducted with driveCE personnel on privacy issues, and how the APPs apply to our practices, procedures and systems.

Australian Privacy Principle 12 — Access to personal information
Where driveCE holds personal information about an individual, we provide that individual access to the information on their request. In processing requests, we:

  • Ensure through confirmation of identity that the request is made by the individual concerned, or by another person who is authorised to make a request on their behalf;
  • Respond to a request for access:
    • Within 14 calendar days, when notifying our refusal to give access, including providing reasons for refusal in writing, and the complaint mechanisms available to the individual; or
    • Within 30 calendar days, by giving access to the personal information that is requested in the manner in which it was requested.
  • Provide information access free of charge.

Australian Privacy Principle 13 – Correction of personal information
driveCE takes reasonable steps to correct personal information we hold, to ensure it is accurate, up-to-date, complete, relevant and not misleading, having regard to the purpose for which it is held.

Individual Requests
On an individual’s request, we:

  • Correct personal information held; and
  • Notify any third parties of corrections made to personal information, if this information was previously provided to these parties.

In cases where we refuse to update personal information, we:

  • Give a written notice to the individual, including the reasons for the refusal and the complaint mechanisms available to the individual;
  • Upon request by the individual whose correction request has been refused, take reasonable steps to associate a statement with the personal information that the individual believes it to be inaccurate, out-of-date, incomplete, irrelevant or misleading;
  • Respond within 14 calendar days to these requests; and
  • Complete all actions free of charge.

Correcting at driveCE’s initiative
We take reasonable steps to correct personal information we hold in cases where we are satisfied that the personal information held is inaccurate, out-of-date, incomplete, irrelevant or misleading (that is, the information is faulty). This awareness may occur through collection of updated information, in notification from third parties or through other means.

‘Request for Records Access’ Procedure
Individuals or third parties may at any stage request access to records held by driveCE relating to their personal information. The following procedure is followed on each individual request for access:

  • A request for access is provided by the requester, with suitable information provided to be able to:
    • Identify the individual concerned;
    • Confirm their identity; and
    • Identify the specific information that they are requesting access to.

This request may be in any form.

  • Upon receiving a request for access, driveCE then:
    • Confirms the identity of the individual or party requesting access;
    • Confirms that this individual or party is appropriately authorised to receive the information requested;
    • Searches the records that we possess or control to assess whether the requested personal information is contained in those records; and
    • Collates any personal information found ready for access to be provided.

Confirming identity
driveCE personnel must be satisfied that a request for personal information is made by the individual concerned, or by another person who is authorised to make a request on their behalf. The minimum amount of personal information needed to establish an individual’s identity is sought, which is generally an individual’s name, date of birth, last known address and signature.

When meeting the requesting party in person, identification may be sighted. If confirming details over a telephone conversation, questions regarding the individual’s name, date of birth, last known address or service details may be confirmed before information is provided.

  • Once identity and access authorisation is confirmed, and personal information is collated, access is provided to the requester within 30 calendar days of receipt of the original request. We will provide access to personal information in the specific manner or format requested by the individual, wherever it is reasonable and practicable to do so, free of charge.

Where the requested format is not practical, we consult with the requester to ensure a format is provided that meets the requester’s needs.

  • If the identity or authorisation access cannot be confirmed, or there is another valid reason why driveCE is unable to provide the personal information, refusal to provide access to records will be provided to the requester, in writing. Our notification will include reason(s) for the refusal, and the complaint mechanisms available to the individual. Such notifications are provided to the requester within 30 calendar days of receipt of the original request.

‘Request for Records Update’ Procedure
Individuals or third parties may at any stage request that their records held by driveCE relating to their personal information be updated. The following procedure is followed on each individual request for records updates:

  • A request for records update is provided by the requester, with suitable information provided to be able to:
    • Identify the individual concerned;
    • Confirm their identity; and
    • Identify the specific information that they are requesting be updated on their records.

This request may be in any form.

  • Upon receiving a request for records update, driveCE then:
    • Confirms the identity of the individual or party to whom the record relates;
    • Searches the records that we possess or control to assess whether the requested personal information is contained in those records; and
    • Assesses the information already on record, and the requested update, to determine whether the requested update should proceed.

Assessing Update
driveCE personnel assess the relevant personal information we hold, and the requested updated information, to determine which version of the information is considered accurate, up-to-date, complete, relevant and not misleading, having regard to the purpose for which it is held. This may include checking information against other records held by us, or within government databases, in order to complete an assessment of the correct version of the information to be used.

  • Once identity and information assessment is confirmed, personal information is:
    • Updated, free of charge, within 14 calendar days of receipt of the original request; and
    • Notified to any third parties of corrections made to personal information, if this information was previously provided to these parties.
  • If the identity of the individual cannot be confirmed, or there is another valid reason why driveCE is unable to update the personal information, refusal to update records will be provided to the requester in writing, free of charge, within 14 calendar days. 

    Our notification will include the reasons for the refusal and the complaint mechanisms available to the individual.
  • Upon request by the individual whose correction request has been refused, we will also take reasonable steps to associate a ‘statement’ with the personal information that the individual believes it to be inaccurate, out-of-date, incomplete, irrelevant or misleading. This statement will be applied, free of charge, to all personal information relevant across driveCE systems within 30 calendar days of receipt of the statement request.

Privacy Complaints Procedure
If an individual feels that driveCE has breached its obligations in the handling, use or disclosure of their personal information, they may raise a complaint. We encourage individuals to discuss the situation with their driveCE representative in the first instance, before making a complaint.

The complaints handling process is as follows:

  • The individual should make the complaint including as much detail about the issue as possible,  in writing to driveCE:

driveCE Privacy Officer
info@driveCE.com.au

  • driveCE will investigate the circumstances included in the complaint and respond to the individual as soon as possible (and within 30 calendar days) regarding its findings and actions following this investigation.
  • Should after considering this response, if the individual is still not satisfied they make escalate their complaint directly to the Information Commissioner for investigation:

Office of the Australian Information Commissioner
www.oaic.gov.au
Phone: 1300 363 992

When investigating a complaint, the OAIC will initially attempt to conciliate the complaint, before considering the exercise of other complaint resolution powers. By making a purchase with driveCE you are entering into a contract between you and driveCE. This Agreement sets out the conditions under which you order and purchase from driveCE. By using the services of the driveCE website you are bound by this Agreement.


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