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Pentagon's Privacy Policy

Last updated: February 20, 2024

Introduction

Thank you for visiting our Pentagon Fencing & Gates website. Your privacy is important to us. This Privacy Policy outlines the types of personal information we collect and how it is used, stored, and protected. By accessing or using our Website, you agree to the terms of this Privacy Policy.

This Privacy Policy applies to all personal information collected by Pentagon Fencing & Gates. By accessing Pentagon’s websites or using our services, you consent to the terms of this policy and the Pentagon Terms & Conditions and agree to be bound by them. This policy is also incorporated by reference into the Pentagon Terms & Conditions that apply to services provided by the Pentagon.

In this policy we explain how and why we collect your personal information, the kinds of personal information we collect, how we use it, and what controls you have over our use of it. Pentagon is committed to complying with Commonwealth legislation governing the privacy of personal information by businesses and to protecting and safeguarding your privacy when you deal with us.

We encourage all Pentagon users and customers to refer to the Office of the Australian Information Commissioner’s website at www.oaic.gov.au which contains important information about privacy laws in Australia.

What Personal Information Do We Collect From You?

The type of Personal Information collected by us may differ, depending on whether you are or would like to become a franchisor, franchisee, customer, supplier, employee or independent contractor. Generally, the type of Personal Information collected by us includes your name, address, telephone number, and email address.

When we collect Personal Information, we will, where appropriate and where possible, notify you and explain to you why we are collecting the information and how we plan to use it.

From our franchisors and franchisees, we also require national police checks, company details including ABN and/or ACN, financial information including bank account and credit card details, profit and loss statements, balance sheets, weekly takings information, sales data and other business-related information which may contain Personal Information.

From our employees and/or prospective employees, we may also collect the following information: commencement dates, employment status, location, gender, bank account statements, emergency contact details, qualifications, previous employment details, car registration numbers, medical and health information, leave summaries, wages and salary information, age or date of birth, superannuation information, tax file numbers, visa and immigration information and where relevant, information relating to performance and conduct.

We will not adopt a government-related identifier belonging to you as a means of identifying you (for example, your Medicare number, Passport number or drivers licence number) unless required or authorised by or under an Australian law or a court/tribunal order. Similarly, we will not use or disclose a government related identifier belonging to you unless an exemption applies under the APPs.

From time to time, photos may be taken and used for marketing and promotional purposes which may include images of franchised businesses, franchisors, franchisees, employees or employees of franchisees and/or customers, from which individuals may be able to be identified. As an employee your photo may be used within the Pentagon team to identify you.

Closed circuit television (CCTV) may be installed in any of our premises. Images and video from CCTV may be used by us for security purposes and to identify and deal with non-compliance by any individuals or franchisees with law and/or their agreements with us. Where relevant, CCTV may be made available to relevant authorities including the police.

Via Social Media Sites, we may be able to obtain other information about you which may itself constitute Personal Information or which, when combined with other information, is capable of identifying you, including photos, videos and any other information that you include on our Social Media Sites or sites linked to our Social Media Sites (Other Sites). The level of information to which we have access may depend on your privacy settings on such Other Sites.

How Do We Collect Your Personal Information?

We collect Personal Information directly from you in a number of ways, including when:

  • you make a general or specific telephone or online enquiry we may keep a record of that correspondence;
  • you seek a quote online or via the call centre for one or more of our services;
  • you engage a franchisee online or via the call centre to provide you with one or more of our services;
  • you participate in a competition, promotional campaign, survey or questionnaire;
  • you lodge a complaint;
  • you subscribe to our mailing list;
  • you participate in Social Media Activity;
  • you apply for a position with us as an employee, contractor, franchisee, franchisor or volunteer;
  • you provide us with such information via application forms, customer feedback forms, business cards, contracts or any other document provided by you to us;
  • we analyse the Social Media Sites conducted by us or by third parties on our behalf;
  • contacting or being contacted by third parties such as credit reporting agencies, recruitment agencies, insurers and insurance brokers, health professionals, referees nominated by you, or your representatives;
  • collected by publicly available sources of information; and
  • collected through our own records.

Through our Website we can obtain Personal Information if you send such information in an email or when you complete an online enquiry or request our services.

When you visit our Website we may make a record of your visit. The following information may be logged for statistical purposes and for the purposes of marketing and advertising to you:

  • your IP address;
  • the date and time of your visit to our site;
  • the pages that you have accessed and the documents downloaded; and
  • the type of browser you were using.

This type of statistical information helps us to better understand visitor traffic so we can improve our services. This data is mostly anonymous and does not identify you.

Tracking technologies such as cookies may be used on our Website to recognise a user’s browser each time that user visits our site and to track which pages the user visits whilst on our site. Cookies are pieces of information that a Website transfers to a computer’s hard disk for record keeping purposes. Most web browsers are set to accept tracking technologies such as cookies. We do not use cookies to personally identify you, just to improve your experience on our Website. If you do not wish to use any cookies you may set your browser to refuse them. However, your browsing experience and our Website’s functionality may be affected.

How Do We Store Your Personal Information?

Your Personal Information is stored in a manner that reasonably protects it from misuse, loss and unauthorised access, modification or disclosure, including:

  • in electronic systems and devices;
  • in telephone recordings;
  • in paper files; and
  • document retention services off-site.

This may include storage on our behalf by third party service providers.

How Do We Use Your Personal Information?

We will use your Personal Information for purposes that relate to the operation of our business and the provision of our services to you. These purposes generally include:

  • supplying our services to you and carrying out our obligations arising from any contracts entered into between us and you;
  • identifying particular services which may be of interest to you and delivering to you a more personalised experience and service offering;
  • providing quality assurance for our services;
  • seeking feedback regarding our business and services through customer feedback surveys integral to the transaction;
  • responding to your enquiries and feedback by improving the quality of the services we offer, including your experience with our Website(s);
  • monitoring the performance of our Websites, our business and our franchisees;
  • marketing material and educative activities including keeping you up to date with our franchise divisions, the services offered by each, information about franchising, events and promotions we think would be of particular interest to you;
  • planning, service development or research purposes;
  • internal administrative purposes and management of our database;
  • enforcing the terms and conditions of our engagement with you; and
  • ensuring compliance with the statutory obligations of both parties.

In relation to the Personal Information of franchisors and franchisees, the purposes include those mentioned above and the following:

  • conducting appropriate credit checks;
  • verifying information required under the franchise agreement, including by accessing and assessing information received from suppliers, trade referees, insurers, banks, local municipal council or any other entity;
  • to confirm and enforce compliance with the franchise agreement;
  • providing franchisor and franchisee support;
  • to comply with disclosure requirements under the Franchising Code of Conduct; and
  • all things of or incidental to carrying out our role as National Franchisor.

In relation to the Personal Information of customers, the purposes include the general purposes mentioned above and also include verifying, notifying and/or responding to you in relation to any enquiries, complaints, or if you win a competition.

We use information we hold about you as an employee, of or incidental to our role as your employer and in accordance with applicable laws.

How Do We Protect Your Personal Information?

We are committed to protecting your Personal Information and we will take all reasonable steps to ensure that the Personal Information we hold about you is kept confidential and secure, including by:

  • ensuring the robust physical security of our premises and databases/records;
  • taking measures to restrict access to only personnel who need that information to effectively provide our services to you;
  • securely destroying or “de-identifying” Personal Information if we no longer require it subject to our legal obligations to keep some information for certain prescribed periods; and
  • implementing technological measures, such as computer passwords, data back-up, anti-virus software and firewalls.

We will regularly review the appropriateness of the abovementioned measures to keep the data we hold secure.

Please note that our Website does not provide systems for secure transmission of Personal Information across the internet, except where otherwise indicated. When emailing or providing Personal Information to us via our Website, please be aware that there are risks involved in transmitting Personal Information via the internet. Our Website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices employed by third party providers and for Personal Information provided by you via unsecured websites. The third party providers and websites you interact with are responsible for informing you about their own privacy practices and we encourage you to read their privacy policies.

We cannot provide a guarantee with respect to the security of your Personal Information and we will not be liable for any breach of security or unintended loss or disclosure of information due to the Website being linked to the internet. You submit information over the internet at your own risk.

Once your Personal Information is no longer required for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored by us for a minimum period of time in compliance with relevant company, legal, tax and accounting laws.

Accessing, Correcting and Maintaining The Quality Of Your Personal Information

In dealing with your Personal Information we will take reasonable steps to ensure your Personal Information is accurate, complete and up to date.

You may request access to the Personal Information we have about you in our possession at any time by contacting our Documents Team. Generally you will receive a response within 30 days. It is important to note that access is subject to certain exceptions, such as if it would be reasonable to assume your request may:

  • compromise the privacy of another person;
  • pose a serious threat to the life or health of any individual;
  • disclose commercially sensitive information of ours;
  • be considered unlawful;
  • be considered frivolous or vexatious; and
  • interfere with existing or anticipated legal proceedings.

If we are unable to satisfy your request due to undisclosable content, we may provide a redacted version or consider whether the use of an intermediary is appropriate and would allow sufficient access to meet the needs of both parties.

In order to protect your Personal Information we may require identification from you before releasing the requested information. You will not be charged a fee for your access, but we may charge an administrative fee for providing a copy of your Personal Information.

Under the Act, you also have a right to request that we correct information that you believe to be inaccurate, out of date, incomplete, irrelevant or misleading. Please advise us by contacting our Documents Team and we will take all reasonable steps to correct the information. We shall provide you with written notice if your Personal Information is corrected or updated.

If there is a denial of access to your Personal Information or a dispute as to the correctness of any Personal Information held, we will provide you with reasons for the denial or our refusal to correct the Personal Information. If you disagree with our decision for the denial or refusal to correct the Personal Information, you may request that we review the decision via our complaints handling procedures which are outlined below.

How To Unsubscribe From Our Direct Marketing

We may send you direct marketing communications and information about our services, opportunities, or events that we consider may be of interest to you if you have requested or consented to receive such communications. These communications may be sent in various forms, including mail, SMS, fax and email, following applicable marketing laws, such as the Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

In each communication that you receive from us we will seek to attach simple instructions on how you can immediately unsubscribe from our mailing list. In any event, you can opt out from receiving promotional material at any time by emailing our Documents Team and asking to be removed from the mailing list.

Dealing With Us Anonymously Or Using An Alias

We will generally need to know who you are in order to provide you with our services. Despite this, in some circumstances you are entitled to interact with us anonymously or by using a pseudonym/alias, such as when making general telephone enquiries about the services we offer.

However, you may receive a better service or response if we know who you are as we can keep you up to date and better understand the circumstances of any complaint you might have. In most circumstances it would be impracticable to do so as we require certain information for identification purposes. As such, it would be unlikely that we would be able to carry out the services requested by you.

You must tell us if you are using a pseudonym when applying for our services. If we need to identify you, we will tell you whether or not your real name is required to access those services.

Changes To Our Privacy Policy

This statement sets out our current Privacy Policy. It replaces all of our other Privacy Policies which have been issued before the date of this Privacy Policy.

From time to time we may decide to amend or update this Privacy Policy. When this occurs, we will post the new version of the Privacy Policy on our website at pentagonfencing.com.au. We encourage you to periodically review this Privacy Policy so that you remain informed as to how we are protecting your Personal Information.

Complaints

If you believe that we have not complied with our obligations under the Act, or have a complaint about the use or disclosure of your Personal Information by us, please contact our Customer Support Team.

Complaints can be received in several different ways:

  • in person;
  • by phone;
  • in writing;
  • via email; and
  • via our website.

You will receive an acknowledgment of receipt of the complaint from us within five business days. We will endeavor to resolve your complaint as soon as possible and within 30 days. However, the length of time will depend on the nature and complexity of the issues you have raised.

If we decide that your complaint is justified, we will then decide what action we should take in response. We will always try to match our response to the nature of your complaint and your desired outcome, but this may not always be possible.

Some of the things that we may decide to do include:

  • take action as necessary to rectify the problem or concern you have raised;
  • provide you with written information or advice so that you can understand the outcome and how we have dealt with it; and/or
  • take steps to change our policies or procedures if your complaint identifies a problem in the way we are doing things.

If you are not satisfied that the matter has been resolved, we can forward the complaint to our internal legal team. The internal legal team will review the complaint and take further action in an attempt to resolve it.

It will not always be possible to resolve a complaint to everyone’s satisfaction. In that case, you might want to escalate the matter to the Privacy Commissioner via an online privacy complaint form which can be found at: http://www.oaic.gov.au/privacy/making-a-privacy- complaint.

We welcome your questions and comments regarding this Privacy Policy. If you have a suggestion as to how we may improve our Privacy Policy, please contact our customer support team.

Cookies and Tracking Technologies

We use cookies and similar tracking technologies to track activity on our Website and collect certain information. Cookies are small files stored on your device that allow us to recognize your browser and capture certain information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Website.

Third-Party Links

Our Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the privacy policies of any third-party websites or services you visit.

Security

We take reasonable measures to protect the confidentiality and security of your personal information. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

Changes to this Privacy Policy

We reserve the right to update or change our Privacy Policy at any time. Any changes will be posted on this page with the updated date. Your continued use of our Website after any changes to this Privacy Policy will constitute your acceptance of such changes.

Contact Us

If you have any questions about this Privacy Policy, please contact us at the Contact Page.

By using our Website, you consent to the terms of this Privacy Policy.