Our Privacy Policy for your private information

This Privacy Policy sets out the approach that AverFocus will take in relation to the treatment of Personal Information. It includes information on how AverFocus collects, uses, discloses and keeps secure, individuals' Personal Information. This policy has been drafted having regard to AverFocus obligations under the Privacy Act 1988 (including the new National Privacy Principles) (the Privacy Act). This Policy is a public document and has been prepared in light of National Privacy Principle 5, Openness.

  1. COLLECTION
    AverFocus will only collect Personal Information where the information is necessary for it to perform one or more of its functions or activities. In this context, "collect" means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.

    AverFocus collects Personal Information primarily to supply customers with the products and services ordered from it and its related companies. It also collects and uses Personal Information for secondary purposes including:
    1. billing and account management
    2. business planning and product development; and
    3. to provide individuals with information about promotions, as well as the products and services of The Wintergarden affiliated companies and other organisations.
    4. to enhance the online shopping experience by displaying products and/or services that match the personal preferences of individuals based on their previous website browsing history and/or buying activity.

AverFocus will not collect Sensitive Information from individuals except with consent and only where it is necessary for AverFocus to collect such information for an activity or function.
AverFocus will not collect Personal Information secretly or in an underhanded way.
AverFocus will take steps to ensure that individuals on purchased lists are or have been notified.

  • USE
    AverFocus will obtain an individual's consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the Use is a related Secondary Purpose which would be within the relevant individual's Reasonable Expectations.
    AverFocus uses Personal Information primarily for the purposes listed above.
    If AverFocus relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:
    1. the individual is clearly notified of their right to Opt Out from further Direct Marketing;
    2. there is only one Use of the information before the Opt Out right is given;
    3. the individual is given an Opt Out in all further instances of Direct Marketing if they have not previously chosen to Opt Out; and
    4. if the individual Opts Out of all Direct Marketing the Opt Out will be respected by AverFocus.

AverFocus will not use Sensitive Information for Direct Marketing.
AverFocus may use Personal Information to avoid an imminent threat to a person's life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.
AverFocus will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.

  • DISCLOSURE
    AverFocus may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual. This will include obtaining the individual's consent for Disclosures made under the credit reporting requirements of the Privacy Act.
    AverFocus may Disclose Personal Information between Related Bodies Corporate. Where information is Disclosed to such a Related Body Corporate, that Related Body Corporate is bound by the original Primary Purpose for which the information was collected.
    AverFocus may Disclose Personal Information to unrelated third parties to enable outsourcing of functions (such as billing, customer relations management and order fulfillment), where that is Disclosure or Use for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual's Reasonable Expectations.
    AverFocus will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act.
    AverFocus may Disclose Personal Information to law enforcement agencies, government agencies, courts or external advisers where permitted or required by law.
    AverFocus may Disclose Personal Information to avoid an imminent threat to a person's life or to public safety.
    If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, AverFocus will not Disclose Personal Information otherwise than in accordance with the exceptions set out above.

    AverFocus does not sell or share its customer lists on a commercial basis with third parties.
  • INFORMATION QUALITY
    AverFocus will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.

    AverFocus will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years from the date of the last customer interaction, unless the law requires otherwise.
  • INFORMATION SECURITY
    AverFocus requires employees and contractors to perform their duties in a manner that is consistent with its legal responsibilities in relation to privacy.

    AverFocus will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within AverFocus who have a genuine "need to know" as well as "right to know".

    AverFocus will review, on a regular and ongoing basis, its information security practices to ascertain how ongoing responsibilities can be achieved and maintained.
  • ACCESS AND CORRECTION
    AverFocus will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act.

    AverFocus will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.

    Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting AverFocus centre management, as per the details on the website.

    AverFocus can charge a fee for processing an access request but will generally not do so unless the request is complex or is resource intensive.
  • OPENNESS
    AverFocus representatives will be the first point of contact for inquiries about privacy issues. Individuals wishing to make an inquiry or complaint regarding privacy, should do so by contacting AverFocus centre management, as per the details on the website.

    The AverFocus website will contain a prominently displayed privacy statement and will include a copy of this Privacy Policy.
  • ANONYMOUS TRANSACTIONS
    AverFocus will not make it mandatory for visitors to its website to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. AverFocus may however request visitors to provide Personal Information voluntarily to AverFocus (for example, as part of a competition or questionnaire).
    AverFocus is concerned to ensure that your Internet experience is a safe and enjoyable one. If you have any questions or comments about this Privacy Statement you can contact AverFocus on: This Privacy Policy may change from time to time. Any changes will be highlighted in this area from time to time. This policy was last updated on 14th Oct 2008