Terms And Conditions (AUSTRALIA)

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Terms And Conditions (NEW ZEALAND)

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Privacy Policy

In this policy "NEXTGEN" (or "we", "our", or "us) is:

• NEXTGEN Distribution Pty Ltd (ABN 41 150 814 654);
• NEXTGEN Optima Pty Ltd (ABN 75 623 037 954);
• NEXTGEN oSpace Pty Ltd (ABN 36 645 864 811);
• NEXTGEN Create Pty Ltd (ABN 49 169 927 931);
• NEXTGEN Connect Pty Ltd (ABN 41 600 736 892);
• NEXTGEN Distribution Ltd (ABN 111 919 232); and

Any related or associated entities of the above companies.

NEXTGEN sells technology products and related services (including software, tools, and platforms) to its customers in Australia, New Zealand and throughout the world.

NEXTGEN respects your right to privacy and is committed to protecting your personal information as that term is defined and otherwise in accordance with the terms of this Privacy Policy and the Australian Privacy Principles ("APPs") contained in the Privacy Act 1988 (Cth).

About this Privacy Policy

1. How we collect personal information
2. What personal information we collect
3. How long we hold your personal information
4. How and why we may use, disclose and share your personal information
5. How you may access and correct your personal information  
6. How personal information is stored
7. Data breaches and security
8. Contact address for privacy questions, complaints or concerns

Special Conditions: NEXTGEN oSpace

NEXTGEN oSpace Pty Ltd (ABN 36 645 864 811), is a related entity of NEXTGEN.

Further to the terms of the Privacy Policy set out herein, NEXTGEN oSpace, collects, is discloses, shares and uses the personal information obtained by any member of NEXTGEN.

In addition to the provisions relating to the collection of personal information set out in the Privacy Policy, NEXTGEN oSpace also collects personal information from third data sources who have contracted with NEXTGEN to provide data to it (including personal information). In these circumstances, we have entered into agreements, which contain provisions to the effect that the entity who collected your information obtained your consent to the sharing of the personal information for this purpose.

The services NEXTGEN oSpace provides to its vendors and partners includes improving sales engagement, pipeline and revenue with lead generation and market representation services(oSpace Services).

As part of the oSpace Services, NEXTGEN oSpace may sell, transfer or license your personal information to its vendors, partners, customers or third parties. By agreeing to this Privacy Policy unless you instruct us not to by contacting us, you hereby consent to our collection, use, sharing and disclosure of your personal information for this purpose.

1. How we collect personal information

We collect personal information in a number of ways, including:

• directly from you, when you provide information by telephone, electronic messages (including email and SMS) or in documents;
• from our partners, on-sellers and service providers when you purchase one of our products from them or engage their services with respect to any of our products;
• from any competition entry forms;
• publicly available sources such as the internet and telephone directories;
• directly from you, via our internet site (requests for information);
• from third parties we contract to collect and/or manage data, including personal information, on our behalf; and
• from law enforcement, dispute resolution, statutory and regulatory bodies.

We may also collect information about your computer or other electronic device when you visit our websites and use our online resources. This information may include your Internet Protocol (IP) address, domain name, browser type, date and time of your request and information provided by tracking technologies, such as cookies and single-pixel tags. If you use a mobile device to access our web sites and online resources, we also may collect information about your device, such as your device ID and device type, as well as usage information about your device and your use of our mobile websites and other mobile resources.

Some of our websites and other online resources use tracking technologies to provide additional functionality that enables you to use these resources more effectively.

What are cookies?

A cookie is a small data file that is sent by web servers to your computer's hard drive, where your Internet browser files are kept. Cookies enable websites to store small bits of information on your computer and retrieve that information at a later time. We may use two types of cookies: session cookies, which are temporary cookies that are erased from your computer's memory when you close your Internet browser or turn your computer off; and persistent cookies, which exist on your computer's hard drive until they expire, unless you delete them at an earlier time.

What are single-pixel tags?

Single-pixel tags, also known as web beacons or web tags, are graphics that function similar to cookies. Single-pixel tags are not visible because of their small size. They are used to collect information in web logs that does not identify you personally such as web pages viewed, the web site you came from and the advertisement you clicked on to visit our web sites. They are also used to determine whether certain promotional or other commercial e-mail messages we send are opened.

Children's privacy

We do not market to children or knowingly collect personal information about or from children without parental consent.

2. What personal information we collect

Personal information collected and held by us about you, may include:

• name;
• gender;
• date of birth;
• address;
• telephone numbers;
• e-mail address;
• occupation;
• drivers licence number;
• drivers licence state;
• ABN;
• purchase details;
• warranty transaction information; and
• any other relevant information.

You may choose not to provide us with your personal information. However, without certain personal information we may not be able to provide you with the services you require, or the level of service on which we pride ourselves.

We do NOT actively collect or hold, nor do we need to know any sensitive (personal) information (such as personal information about your racial or ethnic origin, health information, political opinions, membership of a political association, professional or trade association or trade union, religious beliefs or affiliations, philosophical beliefs, sexual orientation or practices, criminal record, genetic information, biometric information or biometric templates).

3. How long we hold your personal information

We keep your personal information only for as long as it is reasonably necessary for the purpose of collection and in accordance with any applicable legal reporting or documentation retention requirements.

We may use your personal information to send you further information, if it relates to the purpose of collection, which we consider being of importance to you, but we will always provide you with the opportunity to tell us if you do not want to receive this further information.

4. How and why we may use, disclose and share your personal information

Your personal information may be used in order to:

• Manage and improve customer service: Personal information you provide helps us respond to your customer service requests and support needs more efficiently.
• Personalise user experience: We may use your personal information in the aggregate to understand how our users as a group use the services and resources provided on our website.
• Improve our website: We may use feedback you provide to improve our products and services.
• Run a promotion, contest, survey or other website feature: To send you information you have agreed to receive about topics we think will be of interest to you.
• Send periodic emails: We may use the email address to send information and updates pertaining to your order. It may also be used to respond to your inquiries, questions, and/or other requests.
• Conduct customer and market research and analytics to improve the quality of our products and services.
• Process payments.
• Any other purpose you have consented to.
• Comply with our legal obligations, including to assist government and enforcement bodies or regulators, or where otherwise required or authorised by law, or an order of a court or tribunal.
• We may contact and communicate with you either via the telephone, post, facsimile, email or SMS.

Direct Marketing

We may contact you with marketing material about our products or services, special offers, promotions and events that may be of interest to you. We will only do this if you have agreed to such communications, such as by opting in to direct marketing communications or providing us with your personal details in circumstances where we have indicated that we will provide you with marketing material, including special offers or information relating to special offers, promotions and events. These marketing communications may include joint promotions with other promotion partners and may be sent to you using any contact details provided by you, such as email or SMS. If you do not want to receive such marketing material from us or do not want us to disclose your personal information to our related entities for marketing purposes, you can opt out at any time by contacting us using our contact details provided below, or by utilising the "unsubscribe" function in electronic communications from the organisation. Your consent to receive direct marketing communications from us will continue to remain valid if you do not opt out or unsubscribe when you are offered the opportunity to do so in the direct marketing communications sent to you and will remain current on an ongoing basis unless and until you advise otherwise.

Disclosure of Personal Information

The entity of NEXTGEN, who collected your personal information, may disclose, use and share your personal information with any other member of NEXTGEN. 

We may disclose your personal information to organisations outside of NEXTGEN, including to the following persons and/or entities:

• our appointed on-sellers, partners, contractors and customers;
• outsourced service providers who manage services we provide to you including:
• customer research;
• financial services and insurance;
• mailing systems and direct marketing;
• market research;
• government, regularity, law enforcement authorities, organisations, as required or authorised by law;
• any other person or entity with whom NEXTGEN has contracted with for the purposes relevant to our business relationships with the other
• person or entity and for purposes described in this Privacy Policy; and
• our related companies.

Our contracted parties are not authorised by us to use personal information for anything other than the purpose for which we supplied that information to them.

We may also disclose personal information where you consent to us doing so. That consent may be written, verbal or implied from your conduct.

Disclosure to Overseas Recipients

We may also disclose some of your personal information recipients around the world to enable us to provide our products and services.

We will take reasonable measures to ensure that the personal information handled by the overseas recipient is consistent with the Australian Privacy Principles and our instructions for the purposes described in this Privacy Policy.

5. How you may access and correct your personal information

You have a right to access your personal information, subject to some exceptions allowed by law. If you would like to access your information, please let us know. You may be required to put your request in writing for security reasons and we may charge a fee for searching for and providing access to your information.

NEXTGEN takes all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. 

If at any time you believe that the personal information we hold about you is incorrect, incomplete or inaccurate, then you may request amendment of it and we will either amend the information or make a record of your comment, as we think appropriate.

The accuracy of that information depends to a large extent on the information you provide. We recommend that you:

• let us know if there are any errors in your personal information; and
• keep us up to date with changes to this information such as your name and address.

6. EU Data Rights

To the extent that our collection and processing of your personal information is governed by the General Data Protection Regulation (EU), you are entitled to exercise the following rights at any time:

• request erasure of your personal information being processed by NEXTGEN, where you consider the processing is unnecessary or otherwise unlawful;
• request the restriction of the processing of your personal information, where you consider that the personal information processed is inaccurate, unnecessary or unlawfully processed, or where you have objected to the processing;
• exercise your rights to portability and obtain a copy of your personal information provided to NEXTGEN, in a structured, commonly used and machine readable format as well as the transmission of that personal information to another data controller;
• object to the processing of your personal data based on relevant grounds related to your particular situation, which you believe ought to prevent NEXTGEN from processing your personal information.

You can exercise your rights described above at any time by contacting us using our contact details provided below.

7. How personal information is stored

NEXTGEN may hold your personal information in a number of ways, including:

• in our computer systems or databases, which may involve storing data on storage or computer systems provided by third party suppliers;
• in paper records; and/or
• in telephone recordings.

Where it has been collected from our or your agent, our service providers or vendors, they may also hold copies of your personal information. We may combine personal information we receive about you with other information we hold about you. NEXTGEN will store your personal information in a secure environment. It's protected by a combination of physical and technological measures. We have taken reasonable steps to carefully protect your data from loss, misuse, unauthorised access or disclosure, alteration or destruction. If you want more information about the way we manage the information we hold please contact us as we would be happy to provide you with further information on our processes. Our contact details can be found at the end of this Privacy Policy.

8. Data breaches and security

In accordance with our Privacy Policy, we have implemented strict procedures and systems designed to protect the security of your personal information. Our aim is to carefully protect your data from misuse, interference, loss, unauthorised access, modification or disclosure, alteration or destruction.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Whilst we strive to protect your personal information from misuse, loss and unauthorised access, we cannot guarantee the security of any information you transmit to us or receive from our online products or services sites. You conduct these activities at your own risk. Once we receive your transmission, we make our best effort to ensure its security.

If a data breach occurs in respect of your personal information, we may notify you about such data breach.

NEXTGEN may be required by law to notify you about certain data breaches.

9. Contact address for privacy questions, complaints or concerns

If you wish to notify us of your new contact details, update your personal information, opt out of direct marketing, make a complaint about a breach of privacy or have any questions in relation to the accuracy of your information or privacy, please contact our Information and Privacy Officer by:

Telephone: +61 2 9119 4200
E-mail: info@nextgendistribution.com.au

Mail: PO Box 427, North Sydney 2059
Website: https://www.nextgen.group/

Miscellaneous

We may provide access to other sites by way of hyperlinks from this web site. These other sites may not be subject to our privacy standards and procedures. You should make your own enquiries as to the privacy standards for each linked site.

This Privacy Policy may be amended from time to time. Please look at the Last Updated date at the top of this Privacy Policy as published on our Website.

We will not separately notify you of changes to the policy. However, NEXTGEN invites you to regularly acquaint yourself with the latest, updated version of the Privacy Policy, so that you may remain constantly informed on how NEXTGEN collects and uses personal information.