1. Scope
1.1. This Privacy Policy applies to the collection, storage, use, disclosure and handling of your Personal Information by Fill Up Today (ACN 661 280 762) and its related bodies corporate (“Fill Up Today”) and sets out how to contact Fill Up Today if you have queries in relation to your personal information or would like access to it.
1.2. Fill Up Today is committed to protecting the privacy of your Personal Information. Fill Up Today abides by the Australian Privacy Principles as set out in the Privacy Act, the Health Privacy Principles as set out in the Health Records and Information Privacy Act 2002 (NSW), and all other relevant privacy or personal data collection laws, codes and regulations.
1.3. In this Privacy Policy, the following words and expressions have these meanings unless the context otherwise requires:
(a) Individual has the meaning given by the Privacy Act;
(b) Personal Information has the meaning given by the Privacy Act;
(c) Privacy Act means the Privacy Act 1988 (Cth);
(d) Sensitive Information has the meaning given by the Privacy Act; and
(e) Terms of Use means Fill Up Today’s terms governing the use of the Platform as published on Fill Up Today’s website and amended from time to time.
1.4. In this Privacy Policy, the words and expressions that are not defined have the same meaning as in the Terms of Use unless the context otherwise requires.
2. Background information
2.1. Fill Up Today provides the Platform. The Platform essentially connects Site Managers with Service Providers.
2.2. Fill Up Today may provide a range of services and functionalities that it offers through its website and associated mobile applications or through its customers’ websites and mobile applications. These include:
(a) creation and management of an online profile for Users;
(b) a system for posting Jobs and selecting Service Providers;
(c) a communication portal for Users to communicate Jobs;
(d) digital forms for completion by Users; and
(e) payment processing facilities.
3. Collection of Personal Information
3.1. Fill Up Today may collect, retain, use and disclose your Personal Information from time to time in accordance with this Privacy Policy and other relevant privacy, data collection laws, codes and regulations. Fill Up Today collects this Personal Information to provide the Platform and operate Fill Up Today’s business. The reasons Fill Up Today collects and holds Personal Information include for example:
(a) identifying an Individual before they access or use the Platform;
(b) facilitating Jobs and communications between Site Managers and Service Providers; and
(c) working and dealing with Individuals in the ordinary course of business.
3.2. The Personal Information collected may include:
(a) general information such as your name, location, date of birth, gender, contact information (including your email address, telephone number, and residential, business and postal addresses), driver’s licence details, your registration details for the Platform, and details of your use of or access to the Platform;
(b) Sensitive Information which under or in addition to the Privacy Act includes but is not limited to information which might relate to, among other things, your racial or ethnic origin, sexual orientation or practices, criminal record or religious or philosophical beliefs;
(c) any other Personal Information you send or disclose to us, including our records of any communications or interactions we have with you.
3.3. Fill Up Today may also obtain Personal Information from you, from public sources such as social media websites, and from third parties that provide Fill Up Today with marketing leads. Fill Up Today adheres to the Australian Privacy Principles in relation to any Personal Information that it collects. You consent to all collection, use and disclosure of your Personal Information.
4. When Fill Up Today collects Sensitive Information
4.1. Fill Up Today does not collect Sensitive Information except where:
(a) you have consented to the collection of the information;
(b) the collection is legally necessary or is authorised under an Australian law or by a court or tribunal, including where this is reasonably necessary to establish or defend a legal or equitable claim;
(c) Fill Up Today believes that its collection is reasonably necessary (permitted general situation):
(i) to lessen or prevent a serious threat to the life, health or safety of any Individual, or to public health or safety, and it is unreasonable or impracticable to obtain the Individual’s consent to the collection of the information;
(ii) to take appropriate action in relation to unlawful activity or misconduct of a serious nature relating to Fill Up Today’s functions or activity which Fill Up Today has reason to suspect has been, or is being, engaged in;
(iii) to assist any entity, body or person to locate a person who has been reported as missing; or
(iv) for the purposes of a confidential alternative dispute resolution process.
5. When Fill Up Today does not collect Personal Information
5.1. Fill Up Today does not collect Personal Information from an Individual unless the information is reasonably necessary for or is directly related to one or more of Fill Up Today’s functions or activities.
6. How Fill Up Today holds Personal Information
6.1. Fill Up Today may hold Personal Information in a number of ways, including electronically on its onsite computer, offsite or cloud based databases.
6.2. Fill Up Today has taken a number of steps to protect Personal Information from misuse, unauthorised access, disclosure, modification or loss.
6.3. Fill Up Today uses accepted technology and security so that it is satisfied that Personal Information is transmitted safely to it through the internet or other electronic means.
6.4. It is not possible for Fill Up Today to specify the period for which Fill Up Today will store your Personal Information because data retention laws may vary between jurisdictions. However Fill Up Today will store your Personal Information for the full duration required by law.
7. Use of Personal Information by Fill Up Today
7.1. The primary purposes for which Fill Up Today collects Personal Information are to facilitate the Platform, the provisions of services to you by the Provider, and operate Fill Up Today’s business.
7.2. Fill Up Today uses your Personal Information (including your Sensitive Information) for the primary purpose for which Fill Up Today collected it.
7.3. Fill Up Today only uses Personal Information for secondary purposes such as promotional or marketing purposes (including but not limited to informing you of Fill Up Today’s new services and products, if you consent to this or if you reasonably expect Fill Up Today to do this, including where relevant providing your Personal Information to Users you connected with on the Platform).
7.4. Fill Up Today maintains all Personal Information in strict confidence, and only discloses it to third parties:
(a) to enable provision of the Platform and services to you;
(b) to enable Providers to keep accurate records, communicate with you and verify your identity;
(c) to provide certain services to you or facilitate payment for an appointment booked through the Platform; or
(d) if otherwise authorised or required to do so to comply with relevant laws such as where you:
(i) you have provided express consent;
(ii) it is reasonably necessary in taking action in relation to suspected unlawful activity, serious misconduct, locating a missing person or as is required or authorised under law or court or tribunal order; or
(iii) it is reasonably necessary to assist in lessening or preventing a serious threat to life, health or safety of any individual, or to public health.
7.5. The types of third parties that Fill Up Today may generally disclose your Personal Information to for the above purposes include:
(a) the Service Provider that you have previously had, or intend to book, a Job with or otherwise communicate or interact with through the Platform; and
(b) our service providers who support and enable us to provide our services and operate our business, such as:
(i) our information technology, network, software and cloud storage providers, including support service and messaging, email or push notification services providers;
(ii) any practice management software providers which the Service Provider uses, to enable the Service Provider to communicate or interact through the Platform;
(iii) payment providers to ensure that financial information is kept safe; and
(iv) external professional advisors (such as Fill Up Today’s lawyers).
8. When Fill Up Today does not use or disclose Personal Information
8.1. The use or disclosure of an Individual’s Personal Information will only be for the purpose for which it was collected or for related secondary purpose (a purpose other than the primary purpose but is related to the primary purpose) unless:
(a) Fill Up Today is under a legal duty or obligation to disclose Personal Information about the Individual, or Fill Up Today is otherwise compelled to disclose such information by an Australian law, or by order of a court or tribunal;
(b) the Individual has consented to its use or disclosure;
(c) the Individual would reasonably expect Fill Up Today to use or disclose the Personal Information for the secondary purpose and the secondary purpose is directly related to the primary purpose (Sensitive Information) or related to the primary purpose (information other than Sensitive Information);
(d) one of the circumstances identified at clause 7 arises; or
(e) Fill Up Today reasonably believes that the use or disclosure of the information is reasonably necessary for enforcement related activities conducted by or on behalf of Fill Up Today.
9. Overseas recipients
9.1. Fill Up Today may disclose your Personal Information to overseas recipients. It is not reasonably practical to list all the countries in which the recipients of your information are likely to be located and you consent to this disclosure. In providing this consent, you understand that the overseas recipient may not be accountable under the Privacy Act and you may not seek redress under the Privacy Act. The overseas recipient may not be subject to similar obligations as the Australian Privacy Principles. You must contact Fill Up Today’s privacy officer if you do not consent to your information being disclosed to overseas recipients.
10. Personal Information of Individuals to be kept up-to-date
10.1. Fill Up Today takes all reasonable precautions to ensure that the Personal Information it collects, uses and discloses is accurate, complete and up-to-date.
11. Requests for access to Personal Information
11.1. An Individual is entitled to access any Personal Information that Fill Up Today holds about them, unless:
(a) Fill Up Today reasonably believes that giving access would pose a serious threat to the life, health or safety of any Individual;
(b) giving access would unreasonably impact the privacy of others;
(c) the request for access is frivolous or vexatious;
(d) the information relates to existing legal proceedings between Fill Up Today and the Individual, and would not be discoverable in those proceedings;
(e) giving access would reveal Fill Up Today’s intentions in negotiations with the Individual and prejudice those negotiations;
(f) access would be unlawful;
(g) denying access is required or authorised by an Australian law or court or tribunal order;
(h) Fill Up Today has reason to suspect that unlawful activity or serious misconduct relating to its activities has been or is being engaged in, and giving access would prejudice its action in relation to this activity or misconduct;
(i) giving access would be likely to prejudice enforcement related activities being conducted by an enforcement body; or
(j) giving access would reveal evaluative information generated within Fill Up Today in connection with a commercially sensitive decision-making process.
11.2. All requests for access to Personal Information should be addressed to the Privacy Officer in writing.
11.3. Requests for access will be responded to as soon as practicable, and any refusal for access must be supported by reasons and applicable exceptions under the Privacy Act.
11.4. An Individual may request the correction of Personal Information which relates to them. Fill Up Today will take reasonable steps to correct the information as soon as practicable.
12. How to make a complaint about privacy
12.1. Fill Up Today will promptly acknowledge and investigate any complaints about the way it manages Personal Information.
12.2. Any complaints with respect to Fill Up Today’s compliance with the Australian Privacy Principles should be addressed to the Privacy Officer in writing.
12.3. For the avoidance of doubt, the identity of a complainant will not be disclosed by the Privacy Officer unless otherwise decided between the Privacy Officer and complainant.
13. Contact details
13.1. If you have any queries about this Privacy Policy, wish to gain access to Personal Information that Fill Up Today may hold about you or would like to make a privacy compliant, contact:
Street address: 14a Western Beach Rd, Geelong, VICTORIA 3220, Australia
Email address: info@filluptoday.com
