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Privacy

The Privacy Act 1988 provides the requirements relating to what information a business can collect and how such information must be used, stored and disclosed. The Spam Act 2003 imposes restrictions on sending emails and other types of commercial electronic messages

This Policy describes how Flow Power handles information in accordance with the Privacy Act 1988 and the Spam Act 2003. It also details how individuals and organisations may contact us regarding concerns about electronic communications sent by us or by third parties on our behalf

What kinds of personal information do we collect and hold about customers and prospective customers?

We may collect and hold:

• name (personal, business and company name)
• role/occupation within your current or past organisation
• contact details such as business address, email, facsimile, telephone number
• Gender
• Bank account, payment information
• Credit history
• Details about services we provide or have been provided to you in the past (such as provision of metering data, payment details, recommendations, consultancy and project management works, etc)
• Your browsing history on the Flow Power website
• Records of your communication and interactions with us, whether verbally or otherwise
• Records of any transactions between us
• Records of applications for employment with Flow Power

How do we collect personal information?

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. We collect information in a variety of ways including:

• Your access and use of our website
• Via authorised access to meters and/or other energy measuring devices installed on sites you or your organisation control
• By telephone, business cards, letter, electronic communication including email
• By entering into a commercial contract with us
• By providing us a product or service
• By applying for employment with us
• Completing surveys, entering competitions, subscribing to a newsletter, providing feedback to us
• requesting information or material from us
• from other energy retailers (if you are transferring from to us) or your network distributor

We may also collect personal information from third parties including:

• Third party companies such as credit reporting agencies, regulators
• Your representatives (lawyers, accountants)
• Your current or previous employer
• Publicly available sources of information such as business and telephone directories or address validation software
• Any other organisation’s where you have given consent
• Your current or previous employer
• Publicly available sources of information such as business and telephone directories or address validation software
• Any other organisation’s where you have given consent

In relation to prospective customers, we also receive information about you from third parties who have identified you as a person who may wish to receive offers relating to our products and services.

Web browser cookies

We may send a “cookie” which is a small summary file containing a unique I.D. number to your computer. This enables us to:

• Recognize your computer and enable you to log in to our website and customer portal
• Measure traffic and search patterns on our public and secure (customer only) website
• Log IP addresses (which is the electronic address of a computer connected to the internet) to analyse trends, administer our website, track user movements and gather broad demographic information

Cookies may also be placed in online advertisements (on our website or third party websites) for our products and services. The cookies allow us (or a third party engaged by us) to measure the effectiveness and customer interest in our online advertising (e.g. recording when you click on our advertisement) and to target advertisements that may be presented to you in future on our website and on third party websites.

The use of cookies does not involve the collection or use of any information that could identify you as an individual. If you do not wish to receive cookies, you can set your browser to refuse them or alert you to them being sent. Customers should note that if you block cookies, some parts of the customer web site may not work or function properly.

What happens if we do not collect your information?

If we are unable to collect your personal information, some or all the following may happen:

• We may not be able to provide the requested products and services to the desired standard or at all
• We may not be able to perform or comply with regulatory and statutory requirements related to the provision of products and services
• We may not be able to provide you with information about products and services that you may want; or
• We cannot tailor the content, functionality or design of our websites or web enabled services to enhance the experience or value for you

How do we use and disclose your information?

As a customer or prospective customer, we use personal information to:

• Provide you with information, a proposal or offer of our products and services
• To respond to your queries and provide information or documents as requested
• To provide access to protected or secure areas of our website
• To assess performance of the website and to improve the operation of the website
• To conduct business processing functions including personal information to our related bodies corporate, contractors, service providers (e.g. financial institutions for payment processing, our auditors and lawyers, metering service providers etc.) and third parties (e.g. data analysis or information processing)
• If you make a complaint; to investigate and respond to your complaint
• To update our records and keep your contact details up to date
• To comply with any law, rule, regulation, lawful and binding determination, decision or directive of a regulator
• If you are a customer, to provide products and services and to communicate with you about your account including issuing bills and seeking payment of bills
• If you agree, to set up a payment account; to conduct a credit assessment of you and establish or report and monitor your credit worthiness in accordance with law
• For marketing purposes including using email and SMS where we have your express or implied consent to contact you using one or more types of personal information that we hold about you or are otherwise permitted by law to do so

If you are a customer, you can manage marketing preferences via your customer portal. If you are not an existing customer and you do not wish to receive communication about our products and services, you can opt out using the opt out/unsubscribe function provided in the communication or you can call us on:

1300 08 06 08 or write to: Sales Manager, Flow Power, PO Box 3100 Auburn VIC 3123.

We do not use your personal information or disclose it to another organization unless:

• It is reasonably necessary for one of the purposes described above
• Having regard to the nature of the information or the circumstances of its collection, we believe you would expect us to use the information or make the disclosure

Employees and Contractors

If you are applying for a position with us as an employee or contractor, we will collect, use and hold personal information such as your name, email address, telephone numbers, proof of right to work in Australia, qualifications and resume. This information is collected to consider you for current and future employment or engagement as a contractor. This information or the fact of your application may be disclosed to external advisors who assist us in selection and recruitment processes and assessment.

If you application is unsuccessful, the Privacy Act applies to any personal information we collect, use, hold and disclose about you. As such we may retain the information for a reasonable period and may use it to contact you in relation to other employment or contracting opportunities.

If you are engaged as a contractor, we will collect, use hold and disclose personal information to administer your engagement. This may include disclosing as appropriate, personal information to our employees and contractors as necessary to perform the services under the contract, provide training and review and pay invoices.
If you are a current or past employee, the handling of your personal information is exempt from the Privacy Act if it is directly related to you current or former employment. We will not disclose your personal information for any purposes other than is required by law or to administer your current or past employment with us.

How do we hold and secure your information?

We store your information in paper and electronic form and take reasonable measures (including electronic and physical security measures) to prevent it from misuse, loss, or unauthorized access, modification and disclosure. In relation to electronic data, we adopt appropriate data collection, storage, use and security measures to ensure the above including user names and passwords stored on our web site and your customer portal. Personal information is stored on servers located in Australia.
We take reasonable measures to require organisations to whom disclosure is made to comply with the Privacy Act and/or (if a small business exempt from the Act) to ensure that information is held securely and is only used for the purposes it was collected from you.

Disclosure Overseas

We may disclose personal information to our related bodies corporate, third party suppliers and service providers located overseas for some of the purposes listed above. For example, our billing is processed overseas. We take reasonable steps to ensure that overseas recipients of personal information in accordance with standards required under the Privacy Act or the Spam Act.

How can you access and correct your personal information?

You may access personal information that we hold about you by contacting the Compliance Manager (details below) in writing. You may also request the correction of any personal information that is inaccurate, out of date, incomplete, irrelevant or misleading. We will then take reasonable steps to correct or amend information if required.

In certain circumstances we may charge a reasonable fee to cover the cost of providing access to your personal information. We anticipate this would only occur in exceptional circumstances. If such circumstances exist, we will advise the fee in advance.

If we do not believe there are grounds for amendment, you will be advised in writing stating the reason for refusal. However at your request, we will add a note to the personal information stating that you disagree with it.

We may refuse to grant you access to your personal information or credit related information in circumstances prescribed by the Privacy Act. For example, providing access would have an unreasonable impact of the privacy of another individual or customer, it is unlawful or would prejudice legal proceedings or regulation, etc.

What is the process for complaining or obtaining further information?

If you would like to make complaint about our handling of your personal information under the Privacy Act or electronic communications under the Spam Act, please contact us via the mediums below. You may also use these contact details to ask questions or request further information in relation to our policies and practices relation to Privacy and Spam.
We will contact you within a reasonable time frame (and within the time frame required by applicable legislation) and take reasonable steps to provide timely information or investigate and respond to a complaint.

If you are not satisfied with our response or our proposed resolution of your complaint, you may choose to advise us of such and continue to work directly with us to seek a resolution or you may lodge a formal complaint with the Office of the Australian Information Commissioner (for more information see www.oaic.gov.au) who handles complaints related to the Privacy Act. Complaints in relation to Spam may be referred to the Australian Communications and Media Authority (www.acma.gov.au)

Contact details
Compliance Manager
Flow Power
Ground floor, 109 Burwood Rd
Hawthorn, Vic 3122
Tel: 1300 08 06 08

TERMS AND CONDITIONS: Flow Power Prize: Hort Connections. Go with it

Schedule to Terms & Conditions of entry

Promotion name Go With It
Eligible States/Territories VIC
Promotion period Start: 24 June 2019 6:30 pM AEST

End: 26 May 2019 3:00 PM AEST

No entries will be accepted outside this time.

Promoter Flow Power

ABN/ACN: 27 130 175 343

Ground floor, 109 Burwood Rd

Hawthorn VIC 3122

Eligible entrants Entry to the Promotion is open to Australian residents in all eligible states/territories who fulfil the method of entry requirements and are 18 years of age or older.
Details of prizes The best entry/entries as determined by the judges will be deemed the prize winner(s) and will win:

 

Winner:

Amazon Echo (2nd Gen)

A hands-free smart speaker RRP $99

Quantity: 1

 

Runner up:

Google Home Mini

A hands-free smart speaker RRP $44

Quantity: 1

Total number of prizes 2
Total prize value Total prize pool (inc GST): $143.00

 

Method of entry To enter, an entrant must, during the promotional period:

Fill out the form with information including name, position, business, contact number, email and state.

Move the hook from point A to point B without touching the wire.

The fastest entry during the promotional period will win the winner’s prize.

The second fastest entry will win the runner up prize.

Maximum number of entries 100
Prize draw This is a game of skill and chance plays no part in determining the winner.

The judging will be performed by a judge/panel of judges appointed by the Promoter.

The prize draw will begin 9:00 AM AEST on 2 July 2019

Location of the judging:

Flow Power

Ground Floor, 109 Burwood Rd

Hawthorn VIC 3122

Notification of winners Winners will be notified via Email no later than 19 July 2019.
Public announcement of winners The winners will be published here: flowpower.com.au/hortconnections19 no later than 19  July 2019
Unclaimed prize draw If the prize(s) are unclaimed by the unclaimed prize draw date, the Promoter will award the prize(s) to the Eligible Entrant(s) who came runner-up when the entries were judged, subject to any directions from any regulatory authority.

 

Unclaimed prize draw date: 9:00 AM AEST on 26 July 2019

Location of unclaimed prize draw:

Flow Power

Ground Floor, 109 Burwood Rd

Hawthorn VIC 3122

Notification of

unclaimed prize winners

Unclaimed prize winners will be notified via Email no later than 2 Aug 2019.
Public announcement The winners of unclaimed prizes will be published here:

Flowpower.com.au/hortconnections19 on 2 Aug 2019

 

 

Terms & Conditions of entry

 

  1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
  2. Entry is open only to legal residents of the Eligible States/Territories who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the terms and conditions providers TPAL (Trade Promotions and Lotteries Pty Ltd) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step- brother, step-sister or first cousin.
  3. The Promotion will be conducted during the Promotion period.
  4. The Prize/s are specified in the Details of prizes section of the Schedule.
  5. The total prize pool is specified in the Total prize value section of the Schedule.
  6. Any prize is valued in Australian dollars unless expressly stated to the contrary.
  7. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
  8. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
  9. The time of entry will be deemed to be the time the entry is received by the Promoter.
  10. Entrants may submit up to the Maximum number of entries (if applicable).
  11. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due toomission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
  12. The prize(s) will be awarded to the best entry/entries as judged in accordance with the Prize draw details. Entries must not have been published previously and/or have been used to win prizes in any other competitions. The judges reserve the right to disqualify any entrant submitting an entry which, in the opinion of the judges, includes objectionable content or does not meet the criteria relating to the method of entry. The judges’ decision is final and no correspondence will be entered into.
  13. The winner does not need to be present at the draw unless expressly stated to the contrary.
  14. The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred on the later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
  15. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to modify any entry information should be directed to Promoter.
  16. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
  17. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
  18. The promoter may conduct an Unclaimed prize draw in accordance with the Unclaimed prize draw section of the Schedule (if applicable). In the event the Unclaimed prize draw takes place, the Promoter will attempt to contact the winner(s) of the Unclaimed prize draw in accordance with the Notification of unclaimed prize draw section of the Schedule, and if applicable, the name and State/Territory of residency of any winner(s) of the Unclaimed prize draw will be published in accordance with the section of the Schedule entitled Public announcement of winners from unclaimed prize draw. If a prize is no longer capable of being redeemed, the new winner will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter).
  19. To the greatest extent permitted by law, the Promoter excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
  20. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
  21. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
  22. The Promoter and its associated agencies and companies will not be liable for any damage in transit to or delay in transit of prizes.
  23. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
  24. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
  25. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
  26. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The entrant agrees to indemnify the promoter against all claims and costs by third parties arising from a breach of the warranty set out in this condition. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
  27. Entrants consent to the Promoter using the personal information provided in connection with this promotion for the purposes of facilitating the conduct of the promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
  28. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter’s Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
  29. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
  30. Facebook, YouTube, Instagram, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, or Snapchat; and to release Facebook, YouTube, Instagram, or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, or Snapchat.