This Privacy Policy outlines our practices relating to the collection, use, disclosure and storage of your personal and sensitive information. Personal and sensitive information is generally information about an individual that makes the identity of an individual reasonably apparent. Unless you give us explicit consent otherwise, we will act in accordance with this Privacy Policy with regard to our collection and use of personal and sensitive information.

For the purposes of this Privacy Policy, the words AIH, we, our and us refer to Aqua Irrigation Holdings Pty Ltd (ABN 42 633 386 393), and Services refers to goods and services delivered by us to users of our Services (you) including on or through the website located at the domain name www.aquawest.com.au; and a reference to the Act is a reference to the Privacy Act 1988 (Cth). This Privacy Policy should be read carefully by you prior to accessing or using the information and services available from us including through the Services. By accepting, accessing or using the Services, you accept and consent to the practices, and to our collection, use and disclosure of your personal and sensitive information, as described in this Privacy Policy.

1. Our commitment to your privacy

AIH takes your privacy seriously, and strictly adheres to the Australian Privacy Principles contained in the Act (Privacy Principles). We will only collect personal and sensitive information that is necessary for us to provide you with the functions that we offer through our Services, which may include providing you with the ability to pay other parties via credit card.

Please remember that any information that you post in our public forums and any social media interfaces is public information and will not be treated as confidential. Such information can be collected and used by others.

2. Information we collect from you

We will only collect personal and sensitive information that is reasonably necessary for us to provide you with, or directly related to, the functions that we offer through our Services, and the services that you have requested from us.

We collect personal and sensitive information from you when you interact with the Services, which could include when you register with us and use the features available once you are registered.

The personal and sensitive information which AIH collects may include, without limitation, your name, postal address, email, telephone number, credit card details, payment details, the details of any products or services you purchase through the Services, or any other information necessary to provide the functions and services requested. AIH will collect personal and sensitive information only by lawful and fair means and not in an unreasonably intrusive way. AIH may collect the personal and sensitive information directly from you, or alternatively from third parties (such as payment providers) with whom you interact with or via the Services.

When you access our Services using mobile digital routes such as (but not limited to) mobile, tablet or other devices/technology including mobile applications, our servers automatically record certain information, and then should expect that our data collection and usage as set out in this Privacy Policy will apply in that context too.

These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account. We may collect technical information from your mobile device or your use of the Services through a mobile device. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by us automatically if you use the Services through your mobile device(s) via any AIH mobile application, through your mobile's browser or otherwise.

The information you provide to us will be transferred to and stored on our servers which may be in or outside Australia, and may be accessed by or given to our employees and contractors working outside Australia and third parties including companies within the AIH group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this Privacy Policy or for other purposes notified to you from time to time in this Privacy Policy.

3. Use of your information

We will only use your personal and sensitive information for the provision of our goods and services to you; checking, analysing and verifying your credit history and assessing your creditworthiness; collating and maintaining your credit history profile; processing of payments (including through direct debit and credit facilities); collecting payments owing to us; and for any other purpose which we state at the time of the collection, as permitted by law and/or as required to provide the functions and services you request.

For example, such use may include providing you with access to relevant parts of the Services; to enable us to bill you; to use and analyse the information we collect so that we can administer, support, improve and develop our business, for any other purpose whether statistical or analytical and to help us prevent fraud; to contact you for your views on our Services and our products; and to notify you occasionally about important changes or developments to our Services.

If we do use the information you provide in this manner, then it is done in aggregate and on a purely anonymous basis with your personal and sensitive information removed. You can opt out of marketing activities at any time.

We may also use the information you provide to engage in marketing.

If you register with AIH, or use the Services, you consent to AIH using your personal information for direct marketing purposes to communicate with you by phone, email or SMS and, if you use our mobile applications, via push notification, to tell you about offers, updates and our products and services that may be of interest to you.

You may choose to stop receiving direct marketing communications from a channel at any time by using the unsubscribe mechanism in the marketing communication itself. You may also decline marketing messaging sent by push notifications by refusing the relevant permission to our Services in your device settings, however this will also prevent you from receiving updates via push notifications.

By accessing and using our Services, you give AIH your valid consent to the transfer, sale, rent or trade of all of your personal data and to the processing the same to third parties for our business purposes including marketing purposes.

We may provide anonymous, non-personally identifiable aggregate information to advertisers and our business partners, to enable us to sell advertising and monitor the efficacy of our business partnerships. We may also pass such statistical information onto reputable third parties for forward sale.

4. Disclosure of your information

We may share and disclose your personal and sensitive information in the following circumstances:

• To third parties where necessary for us to provide our services to you, or where you have expressly asked us to do so for the purposes of them or us providing further services, including the provision of credit. These third parties may include, without limitation, credit reporting bodies, banks and payment processors.
• To third parties from whom you use our services to purchase the third parties’ goods and services. You should ensure that at the time you purchase goods or services from these third parties, that you are familiar with their privacy policies in relation to the use, storage and disclosure of your personal and sensitive information.
• To our related bodies corporate, and their respective directors, officers, agents, and employees for the purpose of processing personal and sensitive information on our behalf.
• We may from time to time engage service providers to help us deliver our services to you, and to undertake various activities such as processing credit card payments and providing support services for us. These service providers may be located in countries including but not limited to New Zealand, the United Kingdom, Bangladesh, Singapore, India, China, the Philippines and the United States of America. Where we disclose your personal information to overseas recipients, we will always take reasonable steps to ensure that your information is treated in accordance with this Privacy Policy and the Privacy Principles. In these instances, we may disclose your personal and sensitive information to these third parties in order to help deliver services to you.
• To a third-party data storage provider as part of the storage of your personal, sensitive or protected information in or on the Services on servers located within or outside Australia.
• To comply with any law enforcement agency, judicial proceeding, court order, or legal process in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction regarding your identity or other personal and sensitive information provided by you to us.
• Where disclosure is reasonably necessary to enforce our agreements with you or any rights we have, including investigation of potential violations, or to detect, prevent, or investigate a matter relating to security, fraud or other technical issues.
• Where disclosure is reasonably necessary to protect AIH’s rights or intellectual property or to protect the safety of AIH employees, users or the public as required or permitted by law.
• Where we are otherwise permitted by law to disclose your personal and sensitive information.

Although AIH may disclose your personal and sensitive information to third parties (as stated in this Privacy Policy and where permitted by law), AIH will not be responsible for how those third parties access, use, store, maintain or disclose your personal and sensitive information.

If you opt in to receive email communications from us, these will be sent to you directly by us. We will only send communications to people who have opted to receive them. You can unsubscribe from receiving these communications at any time.

If AIH goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information may be among the assets transferred. We will ensure the confidentiality of any personal and sensitive information disclosed in this context.

5. Security and data retention

All user details captured by AIH are stored securely at all times and will never be provided to any unauthorised third parties.

We take steps to protect your information from unauthorised access, modification or disclosure and against misuse, interference, loss, destruction and damage. However, the transmission of information via the internet is not completely secure and we cannot guarantee the security of your data transmitted to the Services; any transmission is at your own risk. While we take all due care in ensuring the privacy and security of your personal and sensitive information, the possibility exists that this information could be unlawfully intercepted while in transit over the internet or while stored on our systems or on our Services. We disclaim all liability to you to the greatest extent pursuant to law should this occur.

Once your information is no longer required for any purpose for which it may be used or disclosed by us, and we are not required by law to retain the information, we will take reasonable steps to delete the information or ensure that it is de-identified.

6. Cookies, third party analytics and advertising

We may also use 'cookies' or other similar tracking technologies in our Services that help us track your website usage, remember your preferences, and to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

The Services may use the Google Analytics cookie, and other cookies and identifiers to collect anonymous, aggregated audience data in order to measure user interactions on our site and improve our services.

7. Access to the Services outside Australia and cross-border disclosure

AIH does not represent or warrant that the content in our Services complies with the laws of any country outside of Australia. If you access the Services from outside Australia, you do so at your own risk. Unless you advise us otherwise, you will be taken to consent to any necessary cross-border disclosure of your personal and sensitive information to enable AIH to provide the Services to you. By providing your consent, you acknowledge that AIH does not need to take any steps to ensure that an overseas recipient of your personal and sensitive information treats your personal and sensitive information in accordance with this Privacy Policy.

8. Other websites

The Services may contain links to other websites which are not maintained or controlled by AIH. Once you transfer from the Services to another website, we are not responsible for the conduct or practices of those third-party websites, as they are not under our control. When you transfer to another website you should check the applicable privacy policy of that site.

9. Changes to our policy

AIH intends to develop and enhance its services continuously, by adding new features and services to the Services. As we add features we will update this Privacy Policy from time to time as required. Any changes to our Privacy Policy will be posted to the AIH website and, where appropriate, through email notification. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

For more information about privacy issues in Australia and protecting your privacy, visit the Federal Privacy Commissioner’s website.

10. Contact

All comments, queries and requests in relation to this Privacy Policy are welcomed. If you would like to request access or make changes to your personal and sensitive information, or lodge a complaint if you think we have breached your privacy, then please contact us at admin@aquawest.com.au. Alternatively, you may make a complaint to the Privacy Commissioner. The Office of the Australian Information Commissioner may be contacted by calling 1300 363 992. Alternatively, you may contact the Privacy Commissioner by emailing enquries@oaic.gov.au or online at: www.oaic.gov.au.

This Privacy Policy was last reviewed on 30 March 2023.