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1. INTRODUCTION
1.1 We understand that the privacy of your personal details, and the
security of your transactions with us, is of paramount importance to
you. Serverpeak has therefore adopted data protection policies with
respect to your privacy and security. Serverpeak's Privacy Policy sets
out the rules we will abide by when dealing with personal information
we collect from individuals in the course of our business. We have
based our policy upon the Internet Industry of Australia's (IIA) draft
Privacy Code of Practice, which adopts internationally recognised
Privacy protection standards (such as the 'Safe Harbour' principles
required by most European countries). The IIA Code also covers the
requirements of the new Australian Privacy legislation.
1.2 In order to ensure that we meet and maintain our Privacy standards,
we have appointed a privacy officer. Should you wish to contact us in
relation to Privacy, please email us at support@serverpeak.com .
1.3 We may make alterations or additions to this policy from time to
time. Should we do so, we will update the policy on our web site. We
require that all our customers agree to abide by our Privacy Policy as
part of our terms of trade. This policy also applies to users of our
web site who are not customers of Serverpeak.
1.4 Please note that we cannot and do not assume any responsibility for
the privacy or security practices of any other web sites which you may
be able to access through our site, or for our customers' level of
compliance with our code.
2. WHAT INFORMATION DO WE COLLECT?
Serverpeak collects different information about you at different times.
There are four broad categories of information that we collect from you:
2.1 Information we require to supply our services.
(a) When you first sign up or contract with Serverpeak for our
services, or when you make an inquiry about our services, we request
information such as your name, address, telephone number, domain name,
email details of your primary and secondary contacts, credit card
details (if you are paying online). We may also ask for your age and
gender.
(b) We may also monitor and/or record telephone conversations with you
from time to time in order to train staff and to improve our service to
you.
2.2 Non personally identifying information.
(a) In addition to the information you specifically provide above,
Serverpeak operates statistics gathering software on its web site to
collect information about the number of visitors coming to the site. No
identifying information is collected by this software. The software
records the IP address of the visitor only. We use this information to
improve our own technical structure and performance, and to determine
which areas of our web site are most popular.
(b) We also use 'cookies'. Cookies are pieces of information that a web
site can transfer to an individual's computer in order to allow that
web site to store information about user preferences. We use cookies
which expire once the visitor leaves our web site. Cookies are used to
collect session ID's. It is possible to adjust your internet browser to
refuse cookies, but you may find that this reduces the functionality of
this site.
2.3 Other demographic information.
If you respond voluntarily to our surveys or other interactive
communications, we collect the responses and use the information to
improve the quality and range of Serverpeak's products and services.
2.4 Personal information stored on a web site hosted by Serverpeak.
Serverpeak will have personal information stored on our servers due to
the fact that we host web sites of other organisations. Any information
that is submitted to or collected by these organisations will be
physically located on a Serverpeak server. This information, whether
voluntarily provided or not, will not be used or released by Serverpeak
in any manner, and it will be kept strictly confidential, unless we are
required to release the information by law.
For some more information about what we collect, please see our Privacy FAQ Section.
3. HOW DO WE USE PERSONAL INFORMATION WE HAVE COLLECTED?
3.1 We collect and use your personal information to operate our web
site and deliver our services to you. We will use your personal
information to provide you with:
- Technical Support and services
- Sales Support
- Billing & Credit management
- Promotional upgrades & information
3.2 You may stop the delivery of future promotional email from
Serverpeak by following the specific instructions in the email you
receive. These instructions will tell you how to remove your name from
our promotional email list.
3.3 We may use your personal information to:
(a) contact you in relation to upgrading your use of our services,
special offers (from us, or on behalf of third parties), with
newsletters, surveys, and individual service audits. We may give
extracts of our customer lists containing personal information to third
party contractors to do this on our behalf. We will ensure that those
contractors are bound to protect your personal information to the same
standard that we are.
(b) identify the source of new customers to Serverpeak;
(c) monitor and address complaints, other feedback, and to resolve disputes;
(d) in the case of credit cards, to bill you for services;
(e) in the case of ABNs, to verify your identity;
(f) in the case of our partners who are IT professionals, to ascertain
your areas of specialty and to refer prospective customers to you; if
you have attended our partner roadshows, we may have a record of your
attendance and areas of special interest;
(g) maintain a technical and account history of your dealings with us,
and to reestablish your account with us where you rejoin as a customer
within six months after having terminated your account;
(h) monitor your compliance with our Acceptable Use Policy and other terms and conditions of supply;
(i) comply with our reporting and other obligations to third party
licensors (such as reporting to software suppliers the number and
identity of software licenses we have issued as part of our products).
3.4 We will treat all information we collect from you as strictly
confidential. Serverpeak does not rent or lease its customer lists to
third parties. We will not reveal, disclose, sell, distribute, rent,
licence, share or pass onto any third party (other than those who are
contracted or supply services to Serverpeak) any personal information
that you may have provided to us unless we have your express consent to
do so, other than in the circumstances set out in the next paragraph.
3.5 We will disclose your personal information, without notice or your consent, only if:
(a) we are required to do so by law or in the good faith belief that
such action is necessary to conform with the laws, applicable code of
conduct or legal process served on us in relation to our business or
web site;
(b) to protect and defend the rights or property of Serverpeak;
(c) if we consider it necessary to do so in order to enforce or apply the terms of any of our agreements with you;
(d) if we sell our business or part of it; and
(e) in extreme circumstances, to protect the personal safety of users
of Serverpeak's services, its web site, our staff or the public.
4. SECURITY
4.1 Serverpeak has implemented security features in our database to
protect your personal information from unauthorised access. We maintain
our servers in a controlled, secured environment. Only staff who need
to have access to your personal information in order to perform their
job function are authorised to access the database. Constant changes to
the internet and technology mean that we cannot guarantee that data
transmission will be 100% secure, or safe from attack by unauthorised
intruders.
4.2 You can elect to provide your details via our secure web browser
which encrypts information. In order to access your personal
information on our secure web browser known as Mission Control, you
will be required to input your username and password. For this reason,
it is safe to transmit your credit card number over the internet,
although no data transmission can be absolutely guaranteed as secure.
Please note that this encryption is only available if you choose to use
the encrypted order form (SSL Security). If you use the normal order
form encryption will not take place and we cannot assure the security
of your details.
4.3 If you do not wish to provide your credit card details over the
internet please request a "Pring and Fax Order Form" by emailing
sales@serverpeak.com .
5. OTHER DISCLOSURE BY YOU
5.1 You might provide personal information through your participation
in chat sessions, message boards, email exchanges or newsgroups
accessed via Serverpeak.com, or another service provided by Serverpeak.
This information is public and immediately available to anyone who has
access to such a site; it is not private. Serverpeak urges you to enter
only information that you are comfortable to share with the public at
large in this public domain. This Privacy Policy does not apply to such
information.
5.2 You should never reveal your password to third parties. If you lose
control of your password, you may lose control over your personal
information and may be liable for actions taken on your behalf by third
parties using your password and/or personal information. Therefore, if
your password has been compromised for any reason, you should
immediately change it.
5.3 If you collect personal information which you keep on servers
provided by Serverpeak as part of our service to you (including email),
you alone are responsible for compliance with the Privacy Act 1988
(Cth) in respect of that information. We take no responsibility for
your dealings with personal information you collect.
6. HOW TO ACCESS & CORRECT YOUR PERSONAL INFORMATION
6.1 From time to time you may need to update your personal information.
We keep this information in a secure environment which you can access
through our clients website at https://www.serverpeak.net. In order to
amend any of your personal information, you will be required to give
your username and password.
6.2 If you contact us via telephone, you will need to answer a few
security questions before any personal information is revealed or
amended.
7. CHILDREN'S POLICY
Serverpeak does not knowingly collect, use or market any information to
children without seeking parental or a guardian's consent. We also urge
you to familiarise yourself with your legal responsibilities with
regard to children and the internet, which can be found in our
Acceptable Use Policy.
8. COMPLAINTS
If you have a complaint about any aspect of our Privacy procedures,
please contact our Privacy Officer on support@serverpeak.com. We will
deal promptly with your complaint. If we cannot resolve the complaint
to your satisfaction within a reasonable time, you or we may refer the
complaint to the Privacy Commissioner.
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