TBAC SMOKE ALARMS PRIVACY POLICY

This Privacy Policy explains how we generally handle your personal information. In this Privacy Policy, “TBAC Smoke Alarms” “Two Brothers and Co.” “we” “us” or “our” refers to either one or all of the below entities collectively:

Two Brothers and Co. Pty Ltd (ACN 653 924 611).

We have developed this Privacy Policy to inform you of how we take steps to both respect your privacy and to protect the personal information that we collect, use, disclose and keep secure. It also covers how we make the personal information that we hold available for access to and correction by you, and has been drafted in accordance with our obligations under the the General Data Protection Regulation (“GDPR”), Privacy Act 1988 (Cth), the Australian Privacy Principles (collectively, the Privacy Law).

Personal information when used in this Privacy Policy has the meaning given to it in the Privacy Law but it generally means any information that can be used to personally identify you. For example, your name, gender, contact details (including phone numbers and email addresses), age and possibly financial information, including your credit card, direct debit or PayPal account information. The personal information may be collected through our website, over the phone, or otherwise.

Please take a few minutes to review this Privacy Policy. By using our website and/or being enrolled to receive our Services, you are consenting to the collection, use, storage and disclosure of your personal information as set forth in this Privacy Policy. If you do not agree to our use of your personal information, please contact us via the details set out in point 12 of this Privacy Policy.

For the purpose of this Privacy Policy, the term “Services” means the smoke alarm, gas and/or electrical safety and compliance services and, where applicable, other services that we provide from time to time at your property.

1. COLLECTION OF YOUR INFORMATION

1.1 - We collect personal information about customers, prospective customers and website users which is reasonably necessary for, or directly related to, one or more of our functions or activities.

1.2 - An example of the personal information that we might collect from you includes your name; your postal address or street address; your age or date of birth; your profession, occupation or job title; your contact number; information you provide to us from any customer surveys that we may conduct from time to time; information that you might provide to us through the use of our website; default information, and details of any products or services that you purchase from us and enquired about and any additional information necessary to fulfil your request for those products and services. As part of our operation, we may collect time-stamped and GPS-tracked data of those who use Two Brothers and Co.’s services for the purposes set out in point 2.1.

1.3 - We will collect personal information directly from you, for example, when you use our website, call or write to us, or otherwise when we interact with you (such as when you use our products or receive our Services). Otherwise, we may collect your personal information from someone else, including your appointed property manager or commercial real estate agent (Agent) who has enrolled you to receive our products or Services. By accessing our website or otherwise receiving our products or Services, you acknowledge and agree that we may collect your personal information from such other sources, including your Agent who engages us on your behalf. When we use your personal information, we will do so in accordance with those purposes set out in point 2.

1.4 - At or before the time we collect personal information about you from you (or if that is not practicable, as soon as practicable after collection of the personal information) we will take such steps as are reasonably practicable in the circumstances to ensure that you are aware of:

(a)our identity, and how to contact us;

(b)the fact that you are able to gain access to the information, how to access personal information and seek correction or removal of same;

(c)the purposes for which the information is collected;

(d)organisations (or the types of organisations) to which we usually disclose information of that kind;

(e)any law or a court or tribunal order that requires the particular information to be collected;

(f)the main consequences (if any) for you if all or part of the information is not provided or collected;

(g)how to make a complaint about our handling of your personal information and how we will deal with the complaint; and

(h)whether we are likely to disclose personal information about you to overseas recipients and, if it is practicable, the country such recipients are likely to be located.

Cookies and similar Technologies

1.5 - Subject to our obligations under the Privacy Law, when you visit any of our websites or use any of our applications or related digital properties (individually and collectively, “Digital Services”) we may collect information about your usage and the Digital Services performance.

To capture log data, we may use cookies and similar technologies like pixels, web beacons and local storage to collect and store personal and non-personal information about how you use Two Brothers and Co. Such information may include your browser type, operating system, IP address, and the referring domain name from which you access this site (e.g. www.google.com).

We may use cookies to collect information about your browsing behaviour, such as the number of times you have visited, the date you visited and the amount of time you spent using our Digital Services. If you do not want to activate cookies, you can opt-out of receiving them by amending the settings of your internet browser, although you may find that some parts of our platform will consequently have limited functionality and personalisation if you do so.

We may also receive anonymised data about performance and errors that occur while you use our Digital Services.

The information collected pursuant to this point 1.5 is used solely for our internal purposes in managing our Digital Services and improving their functionality and reliability, as well as to assist us in better targeting interactive advertising, thereby enhancing customer support and site usability.

The collection of such information, whether by us or by data aggregators, is subject to the terms set forth in this Privacy Policy. We try our best to handle any information collected by cookies in the same way that we handle other personal information described in this Privacy Policy.

Advertising information

1.6 - We may track your response to our advertisements, e-mails and content, determine your ability to receive HTML-based e-mail messages, learn how many users open an e-mail and allow our service providers to compile aggregated statistics about an e-mail campaign that we are running. This information may be shared, only when anonymised, with third parties to assist them in understanding the performance of advertising in our Digital Services.

1.7 - To conduct these or other activities, we or our service providers sometimes may use cookies or other forms of local device storage to help us provide our Digital Services to you, and to help us collect information.

Third party analytics

1.8 - Third-party analytics tools collect non-personal information such as how often you visit our website, the web pages you visit, add-ons, and other analytics data that assists us in improving our services. These tools might include Google Analytics, Google AdWords conversion tracking, Google Tag Manager, or Facebook Ads conversion tracking. Third-party cookies may be placed on your computer by a service provider to us, for example, to help us understand how our platform is being used. Third-party cookies may also be placed on your device by our business partners to advertise the service to you elsewhere on the Internet. We reserve our rights to modify, add or remove any third-party analytics tools. By using Two Brothers and Co., you consent to the processing of any non-personal data these tools will collect in the way and for the purposes described above.

2. HOW WE USE YOUR INFORMATION AND WHEN WE MAY DISCLOSE IT

2.1 - We collect your personal information from you and/or your Agent who engages us to provide you with our products or Services, so that we can carry out our business activities and functions as well as to provide you with a high standard of customer service. In order to do this, we collect, hold, use and/or disclose your personal information for the following legal basis (“primary purposes”):

(a) to provide you with the products and Services ordered from us (including, but not limited to, booking, and confirming the scheduled Services at your property, advising you when the Services have been performed, or providing you with news, information or advice about our existing or new products and services;

(b) to keep track of your digital records for smoke alarm, gas and electrical safety and compliance purposes;

(c) to answer your inquiry and communicate with you generally, including by email, mail or telephone or to consider any requests you or your Agent make of us in relation to the Services;

(d) to send you additional materials relating to us and services that may be of interest to you;

(e) to provide your updated personal information to us, our contractors or third party service providers;

(f) to investigate any possible breaches by you of any of our terms and conditions; and

(g) to otherwise provide you with effective customer service.

2.2 - We also hold personal information which we use and/or disclose for purposes other than our primary purposes (“secondary purposes”), which may include the following:

(a) billing and account management;

(b) business planning and product development;

(c) providing you with relevant information, including promotions, about our products and services, the products and services of our related bodies corporate and/or the products and services of our business partners or joint venturers;

(d) enabling us to better understand your needs and interests;

(e) improving the content, functionality and usability of our website;

(f) improving our marketing and promotional efforts;

(g) displaying personalised advertising when you visit our website;

(h) for any other purpose identified in any other agreement between you and us;

(i) issues, news or other information relevant to your dealings with us, or about us generally, or the industries in which you or we operate; and

(j) as otherwise described in this Privacy Policy.

2.3 - We may also use and/or disclose your personal information for any secondary purpose not included in this Privacy Policy if we are permitted to do so under the Privacy Law, particularly if such purpose is related to one of the primary purposes described in point 2.1 or you would otherwise reasonably expect that we would use the information for that secondary purpose.

2.4 - In accordance with the Privacy Law, please note that we may use and/or disclose
personal information without your consent for those reasons described in the Privacy Law, including reasons relating to the protection of public safety or the avoidance of an imminent threat to an individual’s life.

2.5 - From time to time we may also disclose your personal information to those bodies described in point 2.6 below in order to assist us to deliver the services you require. These organisations carry out, amongst other services, our:

(a) billing and debt- recovery functions;

(b) customer inquiries;

(d) server hosting and information technology services;

(e) marketing services (including market research);(f)product delivery services;

(g) the operation of our website and fulfilment of your requests and orders;

(h) website usage analysis; and

(i) the support or facilitation of any of those activities described in points 2.1 and 2.2.

We will take reasonable practicable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

2.6 - Some of the parties that we may disclose your personal information to include our employees, related bodies corporate; contractors (including but not limited to electricians and other technicians); existing or prospective real estate agents or property managers who you may or may not have engaged to manage your property; our business partners or joint ventures; our sponsors or promoters of any competition that we conduct via our services; specific third parties authorised by you to receive information from us; and any other body for those reasons described in point 2.5 above.

2.7 - To the extent this Privacy Policy allows us to collect your personal information from your Agent who has engaged us to provide you with the Services, you consent to such collection. This Policy does not cover privacy practices of third parties (including your Agent) or other parties whose websites may be linked to our website or services, and we are not responsible for the collection and use of your personal information by such third parties. Please refer to the privacy policies and statements of those service providers and obtain information regarding their collection, use and disclosure policies. Certain providers may have facilities that are located in a different jurisdiction to either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your personal information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

3. DIRECT MARKETING

3.1 - We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, over the phone, via SMS or via email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth) and the Do Not Call Register Act 2006 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

3.2 - In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details provided in point 12 below) or by using the prominently displayed opt-out facilities provided (e.g. an unsubscribe link), or by updating your personal details on our website using the link provided on this page (if available). We will then ensure that your name is removed from our mailing list.

3.3 - If you receive communications from us that you believe has been sent to you other than in accordance with this Privacy Policy , or in breach of any law, please contact us using the details provided in point 12 below.

3.4 - If you are located in the European Union, we can confirm that we do not carry out any profiling or other automated decision making on your use of the Two Brothers and Co. services.

4. ENSURING INFORMATION IS ACCURATE AND UP-TO-DATE

We take reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete, relevant and up-to-date. However, the accuracy of that information depends to a large extent on the information you provide. That's why we recommend that you:

(a) let us know if there are any errors in your personal information; and

(b) keep us up-to-date with changes to your personal information such as your name or address. You may change your personal details by using the relevant facility on our website or by contacting us care of the contact details provided in point 12.

5. HOW WE PROTECT YOUR INFORMATION

5.1 - We will take reasonable steps to protect the personal information from misuse, interference, loss and unauthorised access or disclosure. This may include taking reasonable steps to destroy or permanently de-identify personal information once it is no longer needed for any purpose for which the information may be used or disclosed.

5.2 - We will not attempt to match de-identified or anonymous data collected through surveys or such online devices as "cookies", with information identifying an individual, without the consent of the relevant individual.

5.3 - We require our employees and contractors to perform their duties in a manner that is consistent with our legal responsibilities in relation to privacy, including those in this Privacy Policy. We note that we take reasonable steps to ensure that personal information is only accessible by people who have a genuine "need to know" as well as "right to know."

5.4 - While we try our best to ensure your personal information is protected from loss, misuse, unauthorised access, modification or disclosure (via measures such as firewalls, data encryption, virus detection methods, and password restricted access), we cannot guarantee the absolute security of your personal information (it’s the Internet after all). In the event of a data breach, we will attend to the reporting requirements that apply to us. We cannot accept responsibility for the misuse, loss or unauthorised access to, your personal information where the security of information is not within our control.

5.5 - If you reside in Australia, in the event that there is a data breach and we are required to comply with the Notifiable Data Breaches Scheme of the Privacy Act, we will take all reasonable steps to contain the suspected or known breach where possible. If we have reasonable grounds to suspect that the data breach is likely to result in serious harm to any individuals involved, then we will take all reasonable steps to ensure an assessment is completed within 30 days of the breach or sooner if possible. We will follow the guide published by the Office of the Australian Information Commissioner (if any) in making this assessment. If we reasonably determine that the data breach is not likely to result in serious harm to any individuals involved or any remedial action we take is successful in making serious harm no longer likely, then no notification or statement will be made.

In the case of a personal information breach that affects an individual in the European Union, we shall without undue delay and where feasible, not later than 72 hours after having become aware of the breach, notify you and the Information Commissioner’s Office, unless the breach is unlikely to result in a risk to your right and privacy.

6. HOW YOU CAN ACCESS, DELETE OR CORRECT YOUR INFORMATION.

6.1 - We will permit records containing your personal information to be accessed by you when you contact us c/o the contact details at point 12 below. You may contact us or update your settings to correct, delete or update your personal information. We may, however, refuse to provide you with access to your personal information if, for instance, granting you such access would pose a serious threat to your life or to the health and safety of any individual or have an unreasonable impact on the privacy of any other individual.

6.2 - If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.

6.3 - If you:

(a) wish to lodge a request to access and/or correct your Personal Information; or

(b) have been refused access to your Personal Information by us for any reason described in this Policy and you wish to challenge that refusal;

You may do so by contacting the office of Two Brothers and Co.’s Privacy Officer as per the details in point 12. The procedure for challenging such a refusal is also set out in point 12.

6.4 - You may have your information, where technically feasible, sent to another organisation, where we hold this information with your consent or for the performance of a contract with you.

6.5 - We will not normally charge a fee for processing an access request unless the request is complex or is resource intensive. We do, however, reserve the right to charge an administration fee if an individual requests access to their personal information more than once in a 3 month period.

6.6 - Where we offer online account management facilities, customers can use this capability to control aspects of their account, including amending or updating certain personal information.

7. TRANSPARENCY

The office of Two Brothers and Co.’s Privacy Officer will be the first point of contact for inquiries about privacy issues. If you wish to make an inquiry or complaint regarding privacy you should do so by contacting this office as per the details in point 12.

8. STAYING ANONYMOUS

8.1 - We will not make it mandatory for visitors to our website to provide personal information unless such information is required to answer an inquiry or provide a service. We may, however, request visitors to provide personal information voluntarily to us (for example, as part of a competition or questionnaire).

8.2 - We will allow our customers to transact with us anonymously or by using a pseudonym wherever that is reasonable and practicable.

9. TRANSFERRING INFORMATION OVERSEAS

9.1 - We will only transfer personal information about an individual to someone who is in a foreign country if:

(a) we reasonably believe that the recipient of the information is subject to a law, or binding scheme, which effectively overall upholds principles for protection of the information that are substantially similar to the Australian Privacy Principles, and there are mechanisms that an individual can access to take action to enforce that law or binding scheme;

(b) we have taken such steps as are reasonable in the circumstances to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles; or

(c) the individual has been expressly informed that if they consent to the transfer, paragraph 9.1(a) will not apply, and the individual consents to the transfer.

Note: By engaging us, you consent to the transfer of information to someone who is in a foreign country, even if paragraph 9.1(a) does not apply, in circumstances where:

(i) we consider that it is necessary for us to do so in order to properly provide you with the required services, including by confirming an appointment or responding to your queries with respect to your engagement of us;

(ii) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between us and a third party;

(iii) all of the following apply:

(A) the transfer is for the benefit of the individual;

(B) it is impracticable to obtain the consent of the individual to that transfer; and

10. ASSIGNMENT, CHANGE OF CONTROL AND TRANSFER

All of our rights and obligations under our Privacy Policy are freely assignable by us to any of our affiliates, in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

11. CHANGES TO THE PRIVACY POLICY

We may update this Privacy Policy at any time and from time to time. Any changes will be effective when posted on this website. Your continued use of the website will indicate your acceptance of any changes to the Privacy Policy. All personal information, collected both before and after any changes take effect, will be subject to the terms of the revised policy (for which you will be taken to have provided consent) unless you indicate otherwise by contacting the office of Two Brothers and Co.’s Privacy Officer as per the details in point 12. We urge you to refer back to this page regularly and especially prior to providing us with any personal information.

12. CONTACT US

If you have any questions about this privacy policy, any privacy related dealings with us or a possible breach of your privacy or would like further information about our information management practices, you can contact Two Brothers and Co.’s Privacy Officer, care of the following details:

Privacy Officer

Two Brothers and Co.

Phone 0481 814 774

Email: enquire@tbacsmokealarms.com.au

Once the Privacy Officer receives a complaint from you, the Privacy Officer will within a reasonable time after receiving the complaint begin investigating the complaint. In investigating the complaint the officer may use additional resources within our organisation to determine the nature of the complaint. We may contact you during this investigation if necessary. If a breach is found, the Privacy Officer will escalate the matter to management to ensure that the process which caused the breach is remedied. We will also contact you to inform you of the outcome of the investigation within a reasonable time after the conclusion of the same. We will treat your complaint during the investigation period confidentially and aim to resolve your complaint in a timely fashion and a satisfactory manner.

If you still remain unsatisfied with the way a privacy issue has been handled, you can lodge a complaint or contact the Office of the Australian Information Commissioner.

This policy was last updated on 04/02/2022