Privacy, Confidentiality & Terms of Service Agreement
We strongly valued your privacy and will ensure that your personal information is always protected to the best of our ability.
Privacy and
Confidentiality Policy
YOUR PRIVACY IS IMPORTANT TO US
This Policy sets out how the Total Guard Pest Control collects, stores, uses and discloses personal information in accordance with the Australian Privacy Principles (“Principles“) contained in the Privacy Act 1988 (Cth).
Our company is committed to protecting your privacy and hopes that this Policy helps you understand how we handle your personal information and delivers the protection that the Privacy Act affords.
TOTAL GUARD PEST CONTROL
In this Policy, “Total Guard Pest Control as defined in the Corporations Act 2001 (Cth)) (together and separately, Total Guard Pest Control, we, us or our).
1. What is personal information?
Personal information is any information or an opinion about an identified individual, or information from which an individual can be identified.
It need not matter that this information is correct or not or whether it is recorded in a material form or not.
2. What kind of personal information do we collect and hold, and why do we do so?
We collect your personal information to provide you with products or services.
Personal information which we may ask you to provide may include:
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name;
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gender
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address;
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telephone numbers;
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email address; and
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any other relevant information.
We may also ask you to supply information to us from time to time, including when you report a problem with our products or services and when we ask you to complete surveys, questionnaires and feedback forms that we use for quality monitoring and research purposes.
3. What happens if you do not give us this information?
It is your right not to give us any information and to use a pseudonym and / or not to identify yourself to us. However, if you choose not to give us the personal information we request or you do not wish to identify yourself to us, we may not be able to provide you with the products, services or information you require.
4. How do we collect your personal information?
We generally collect personal information directly from you (unless you otherwise provide your consent). We collect the personal information in a number of ways, including:
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electronically including information provided via email and through your use of our website;
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during phone calls with our representatives;
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when we deliver and administer our products or services;
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from your agents or representatives who act on your behalf;
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on forms or other correspondence, in writing or electronically, completed by you;
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from third parties we contract to collect and/or manage data on our behalf;
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from third parties who you have asked or permitted to provide your personal information (including those parties from whom you purchase goods and services);
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from marketing organisations, including through the use of purchased lists;
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from publicly available sources such as the Internet and telephone directories; and
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from law enforcement, dispute resolution, statutory and regulatory bodies.
If we receive personal information about you that we have not requested, and if we determine that we could not lawfully have collected that information had we requested it, we will destroy or de-identify the information, if it is lawful and reasonable to do so.
COOKIES
We may collect cookies from you about your visit to our website to help us to improve our website. Cookies are small information files which are sent to your computer’s hard drive or mobile device when you visit a website and it will recognise your device on future visits. For example, we may collect the time of your visit, whether you have visited our website previously, whether you used a search engine to find us and some geographical information. For information on disabling these cookies, please go to the privacy settings section within your browser.
We may also use analytical web tools such as Google Analytics to collect visitor information for us to better understand how to improve our products and services for you. In addition to the session cookie, Google Analytics uses other data collection methods such as appending query strings to an image request. We store the data generated by Google Analytics securely and do not share it with third parties.
We also use other external service providers for the following purposes:
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for web hosting services for this website; and/or
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to gather non-personal information (using cookies) in order to evaluate the website’s effectiveness, for example online marketing activities.
LINKS ON OUR WEBSITE
Our website may contain links to third party websites. We advise that the terms of this Privacy Policy do not apply to external websites. If you wish to find out how a third party handles your personal information, you will need to obtain a copy of its Privacy Policy.
5. How do we use your personal information?
Your personal information is collected so that we can:
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comply with the law, including do anything that we are required or authorised by the law to do;
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manage our relationship with you;
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resolve any legal and/or customer complaints or issues;
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facilitate our business operations, including to perform other functions and activities relating to the business of Total Guard Pest Control and improve our products and services;
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identify and (unless you tell us not to) tell you about our products, services and promotional activities, and those of third parties, that might interest you; and
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assess and process employment applications and manage employment issues
Generally, we will not use or exchange your information for any purpose other than one that is set out in this Policy, or for a purpose which is disclosed to you and to which you have consented.
6. Do we disclose information to third parties?
We may share or disclose your personal information for any of the reasons mentioned above to third parties, including:
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related bodies corporate;
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agents;
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external advisers and our external service providers and contractors (such as any mail house and direct marketing, commercial agent, market research and financial services and insurance);
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government agencies including law enforcement, regulatory and dispute resolution bodies (or any other body to whom disclosure is required by law or court/ tribunal order);
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and any other person or entity to whom disclosure is authorised by you.
When we disclose your information to a third party, we take all reasonable steps to ensure that those third parties are bound by confidentiality and privacy obligations with respect to the protection of your personal information. We may also disclose personal information where you consent to us doing so. That consent may be written, verbal or implied from your conduct.
7. Do we disclose your personal information to overseas recipients?
Our related entities and some of our service providers (including information technology service providers) may be located overseas and, as a result, personal information collected and held by us may be transferred overseas from time to time. The countries in which these recipients may be located will vary from time to time. Any such transfer, however, does not change any of our commitments to safeguard your personal information under this policy.
8. Direct marketing and promotional use of your personal information
We may use your personal information to provide you with information about our services or products or those provided by third parties, that we believe may be of interest to you. To that extent, we may provide your personal information to such third party organisations for specific marketing purposes. However, we will not do so where you tell us not to.
We may also wish to refer to you based on the nature of our business relationship when marketing our business to others. In those circumstances, we will ask for your prior consent and will only disclose personal information to the extent to which you have consented.
You can ask us not to contact you about products or services, and not to disclose your information to others for that purpose by contacting us or, where applicable, by clicking the “unsubscribe” button from promotional email messages or by contacting us using our contact details provided below.
9. Storage and security of your personal information
We hold your personal information in various forms, including:
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in our computer systems or databases, which may involve storing data on storage or computer systems provided by third party suppliers; and
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in paper records; and/or in telephone recordings.
We have put in place safeguards to protect the personal information we hold from misuse, interference and loss, and unauthorised access, modification or disclosure. This includes a range of systems and communication security measures, as well as the secure storage of hard copy documents. In addition, access to your personal information will be restricted to those properly authorised to have access. We may store the personal information we collect from you.
We will comply with the Principles and this Policy, in respect of your personal information in whatever form that information is stored by us. We will also take reasonable steps to destroy or permanently de-identify any personal information after it can no longer be used in accordance with this policy.
10. How to access or correct your personal information
We take reasonable steps to ensure that the information we hold about you is accurate, up-to-date, complete and relevant when we use it or disclose it. You should contact us if you think your personal information is wrong.
If you have a question about this Privacy Policy or want to access or otherwise correct your personal information you can contact us by:
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phoning 0431 576 607; or
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sending an email to admin@totalguardpestcontrol.com.au
A request for access needs to include a full description of the personal information requested. If you request information over the phone, we will ask you identity-related questions so we can verify your identity.
Your request for access to your personal information will be documented, as will details of the request and the identity of the Total Guard Pest and Termite Control representative who gave it to you.
You have rights to access your information and correct it if it is inaccurate, out-of-date or incomplete. If you believe that the information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading, you can request its correction. If we are satisfied that the information needs to be corrected, we will take reasonable steps to ensure that information is corrected and notify you of the correction. If we correct your information and it is information we have provided to others, we will notify them of the correction where we are required to do so by the Privacy Act.
There may be circumstances in which we may have to refuse a request for correction. In such a case you can request that we associate a statement with that personal information that you made a request for correction.
You will not be charged for accessing or correcting your information. You may be charged for reasonable costs incurred by us in the processing of, and response to, your access request, including photocopying, supplying written reports, administration and postage.
11. How we will respond to your request
We will acknowledge receipt of your request within 3 working days of receiving your request. We will do our best to deal with your request within 5 working days. If we cannot help with your request, you will receive a written explanation as to why and details of what you can do to take the matter further if you are not satisfied with our response.
12. Do you want to contact us anonymously?
You can certainly contact us anonymously. If you choose not to be identified, however, we are limited in our ability to provide you with the services or information you require.
13. Can you complain about a breach of privacy?
If you want to complain about a privacy breach, you can call 0431 576 607 or send an email to admin@totalguardpestcontrol.com.au
We will do our best to resolve your complaint as quickly as possible. If you are not satisfied with the result of your complaint to us, you can refer your complaint to the:
Office of the Australian Information Commissioner
Phone: 1300 363 992
Post: GPO Box 5218, Sydney NSW 2001
Online form: oaic.gov.au (Privacy Complaint Form)
14. Need further information?
For more information about privacy in general, you can visit the Office of the Australian Information Commissioner’s website at oaic.gov.au.
15. Updating our Privacy Policy
We may review, amend or revise our Privacy Policy and the way we handle personal information from time to time. We will post the updated Privacy Policy on our website at www.totalguardpestcontrol.com.au and its terms will take effect from the date of posting.
Terms of Service Agreement
1. Total Guard Pest Control (TGPC) agrees to supply a Residential Pest Control Inspection and Treatment (the “Service”) at the specified areas of the premises described above for the Fees (incl GST) in relation to those Pests described in this document in accordance with these terms and conditions. Customer’s furniture and equipment is excluded unless referenced in this agreement for inspection and/or treatment. Additional areas or pests will be subject to a separate survey and proposal.
2. Acceptance:
The Customer’s acceptance of these terms may be confirmed either by signing a document, confirming its acceptance by email, text message, over the phone or allowing TGPC to perform the Service.
3. Fees and Payment:
The Fees as set out in this agreement are payable by the Customer to TGPC for the Service. Fees are inclusive of GST. The Fees are payable on the day the Service is rendered. TGPC will provide the Customer with an electronic tax invoice on the date of the Service, Where the Customer authorises a credit card or direct debit to a bank account, a charge for the Fees will be processed on the day the Service is rendered.
4. Interest on over dues & No Deductions:
Interest is payable by the Customer on overdue amounts payable to TGPC from the end of the due date until the date on which the debt is paid at a rate of one point five per cent (1.5%) above the rate charged by TGPC’s bank on overdrafts for less than fifty thousand dollars ($50,000.00). The Customer may not deduct or withhold any amount (whether by way of set off, counterclaim or otherwise) from any money owing to TGPC.
5. Treatment effectiveness:
TGPC will deliver the Service in a competent and professional manner taking into account these terms. The ongoing effectiveness of the pest control provided depends on the Customer implementing TGPC’s recommended hygiene, housekeeping, and property maintenance procedures. The Customer acknowledges that pest treatment may also be rendered ineffective by disturbing treated areas, building alterations, renovations and introducing untreated or infested materials to the property that encourage pest activity.
6. Pest Inspection and Treatment:
The pest inspections undertaken as part of the Service will be based upon a visual inspection only limited to those areas and sections of the premises fully accessible and visible to the technician at the time and on the day of the inspection. Furniture, equipment, fittings and stock may conceal evidence of some pests that can only be revealed when these items are removed. The treatment will cover only those pests and areas described in this agreement. All other pests are excluded unless agreed by TGPC in writing.
7. Advice and recommendations:
TGPC’s technician will provide a service report after the Service and provide advice and recommendations to the Customer to control and minimize pests and their habitat. These may cover hygiene, housekeeping, stacking, storage and maintenance.
8. Access and Safety:
The Customer must ensure that TGPC’s staff and other authorised personnel (“Personnel”) have full and safe access (free of any health and safety hazards and risks) to the relevant areas of the premises and all facilities such as water and electricity that TGPC may reasonably require to provide the Service .The Customer must advise the TGPC technician before the commencement of the Service of any health and safety risks including the presence of asbestos. The Customer must also provide TGPC with all necessary information, instructions, documentation and co-operation required by TGPC. TGPC will comply with all reasonable security and safety instructions of the Customer while present at the Customer’s premises.
9. Customer Co-operation:
The Customer must comply with all advice and instructions provided by TGPC to the Customer including any relating to pesticides and equipment usage and the health and safety of persons using the premises during and following the completion of the Service.
10. Damage to Utilities:
If delivery of the Service requires drilling or cutting any materials, the Customer will be responsible for identifying the location of all utility services to the property including water and drainage pipes, electrical and telephone cables, gas pipes etc. TGPC will exercise due care in performing any drilling or cutting but the Customer will be liable for any damage caused by penetration to any such services unless caused by the negligence of TGPC.
11. Reliance on Service and Report:
All reports provided by TGPC in relation to the Service are provided solely for the benefit of the Customer named in the report. Neither this agreement nor any report may be assigned by the Customer to another person or relied upon by any other person without the prior written approval of TGPC that may be given conditionally or withheld.
12. Indemnity:
To the extent permitted by law, the Customer will indemnify TGPC and its Personnel against all actions, claims, proceedings or costs (including legal costs on a full indemnity basis) which TGPC may incur as a result of any reliance placed on the content of a service or inspection report by any person other than the Customer who obtained the report from the Customer without the written approval of TGPC, except to the extent any loss or damage is caused by TGPC or its Personnel.
13. Force Majeure:
TGPC shall not be responsible for failure to meet any obligation if the failure results directly or indirectly from a cause beyond its control.
14. Bribery: The Customer and TGPC agree:
(a) that they will not (nor allow anyone acting on their behalf) to offer, give, request or accept any undue financial or other advantage of any kind in any way connected with entry into this agreement; and
(b) they will each comply with all applicable laws related to bribery and corruption in connection with this agreement. Any failure to comply with this clause entitles a party to terminate this agreement upon notice to the other party.
15. Debt Collection:
The Customer indemnifies TGPC for all expenses incurred in relation to the recovery of debts owed by the Customer.
16. Privacy and Credit Reporting:
The Customer authorises TGPC, its Personnel or any related entities of TGPC, subject to complying with the Privacy Act 1988, to use and disclose the personal information of the Customer for any purpose connected with this agreement or otherwise in accordance with the Total Guard Pest and Termite Control Privacy Policy which can be accessed at www.totalguardpestcontrol.com.au. Where the Customer is provided with credit, the Customer authorises TGPC to do any of the following to assess the Customer’s application for credit under this agreement and, if the application is successful, to manage the credit account until the credit account is repaid in full and closed:
(a) obtain credit reports in respect of the Customer and its related entities from credit-reporting agencies;
(b) seek and/or disclose information about the Customer and its related entities (including any information about their credit worthiness, credit history, standing or capacity) which credit providers are permitted by the Privacy Act 1988 to supply, obtain or receive;
(c) disclose information about the application for credit under this agreement and, if the application is successful, about the credit account and any credit provided to a credit-reporting agency in order to obtain information or credit reports;
(d) disclose information including identity particulars, the fact that the Customer has applied for credit and details of payments which are overdue more than sixty (60) days to credit-reporting agencies and other credit providers; and
(e) disclose information about the Customer and its related entities to any person considering acting as a guarantor of the Customer.
17. Entire Agreement:
This agreement supersedes and replaces all previous agreements between the parties in relation to pest control services and contains the entire agreement between them as to its subject matter. To the extent permitted by law, TGPC expressly excludes all warranties, guarantees, representations and conditions except as may be made by TGPC to the Customer in writing.
18. Liability: To the extent permitted by law:
(a) TGPC will not be liable for any loss of profits or revenue, loss of business, wasted expenditure or any form of indirect or consequential loss arising out of or in connection with this agreement, the supply of the services, the equipment or the sale of any goods.
(b) where a claim relates to a guarantee or warranty under the Australian Consumer Law, TGPC’s total aggregate liability to the Customer under or in relation to this agreement (including in contract, negligence, tort or any common law or statutory right) is limited at TGPC’ option to:
(i) in relation to claims relating to services, the resupply of the services or the costs of resupply of the service; or
(ii) in relation to claims relating to goods, the resupply of the costs or the cost of re supply of the goods.
(c) in all other circumstances, the liability of TGPC to the Customer (including in contract, negligence, tort or any common law or statutory right) under this agreement will not exceed the fees received by TGPC from the Customer pursuant to this agreement.
19. General:
(a) This agreement may only be amended in writing signed by both parties.
(b) A reference to ‘writing’ or ‘written’ includes electronic mail.
(c) If any provision of this agreement is illegal, invalid or unenforceable it may be severed without affecting the enforceability of the other provisions.
(d) Each indemnity in this agreement is a continuing obligation separate and independent from the other obligations of the party giving the indemnity and survives termination or expiry of this agreement.
(e) This agreement is governed by the laws of Queensland and the parties submit to the jurisdiction of the courts of Queensland.