Privacy Policy and Terms of Use

DuluxGroup Privacy Policy

Our commitment to protect your privacy

DuluxGroup recognises the importance of your privacy and how important it is for us to protect your personal information. We are committed to protecting personal information which we hold and to complying with all relevant privacy laws in the jurisdictions in which we operate. This document describes how we manage your personal information and safeguard your privacy.

References to ‘DuluxGroup’, ‘we’ and ‘us’ include DuluxGroup Limited and its related bodies corporate. Please see our website at www.duluxgroup.com.au for more information about our companies and brands.

What personal information do we collect and hold about you, and how do we collect it?

The kinds of personal information we collect and hold will depend upon the type of products and services we provide to you or obtain from you. We may collect your personal information:

when you request a product or service from us or enter a competition of ours;
when we make a record of any communication and other interaction you have with us (including telephone, email and online); and
if you have or had one of our products, when we record information about your use of that product or your opinions about that product when you respond to a survey.

The type of information we collect and hold about you may include your name, address, telephone numbers, email address, bank account and credit card details, date of birth, identification information and organisation. If you apply for trade credit, we may also collect and hold credit information about you.

We will also collect information about you when you use our website – see the ‘Your privacy on our websites and the Business +Plus’ section below.
We generally collect personal information directly from you whenever it is reasonable practicable to do so. We may also collect personal information from other parties such as our related bodies corporate, service providers, our agents or representatives, your employer, your agents or representatives (such as your advisers) and from publicly available sources of information.

What happens if you do not provide the information we request?

The personal information we request is generally optional, but if you choose not to provide personal information to us, we may not be able to fulfil your request or provide you with the product or service you require. Sometimes, however, there are situations where we are required by law to collect certain personal information from you and, if this is the case, we will take reasonable steps to inform you of the law that imposes this requirement.

Why do we collect your personal information, and what do we do with it?

We collect, use and disclose your personal information to carry on our business; to provide, administer, improve and personalise our products and services; to identify and interact with you; to let you know about other products and services which might interest you; to assess and improve the quality of our products and services; to protect our lawful interests; to deal with your concerns and enquiries; and to assist us generally in managing transactions with you, suppliers, consumers and others.

We may contact you by telephone, mail, electronically or otherwise to provide you with marketing, advertising or other material about our products and services we think you might be interested in, or to follow up on your interest in particular products and services, unless or until you tell us not to or we are restricted by law. We may also disclose your personal information to market research agencies, who may contact you in a similar manner to conduct market research in relation to products and services you have acquired from or are offered by DuluxGroup and related matters (unless or until you tell us not to). If you do not want to receive direct marketing messages or want to change your contact preferences, contact us (see ‘How to contact us’ below).

We may also exchange information with other DuluxGroup entities and with our service providers including our print service providers, call centres and mail houses, advertising agencies, accountants, auditors and lawyers, credit reporting and collection agencies, and providers of archival, banking, payment, data processing, data analysis, information broking, research, investigation, website and technology services.
We may also disclose your personal information in corporate transactions involving the transfer of all or part of our assets (including debts) or business or in a corporate restructure.

We may also be required or authorised by law to disclose your personal information. For example, we may disclose your personal information to a court in response to a subpoena or to a relevant taxation agency. We may also disclose information to other persons where you have provided your consent for us to do so.

Some of the third parties to which we disclose personal information may be located in New Zealand, Papua New Guinea, Fiji, Singapore, Hong Kong, Peoples Republic of China, the United State of America, the United Kingdom, throughout the European Union and other countries and you acknowledge that, while they will often be subject to confidentiality or privacy obligations, they may not always follow the requirements of Australian privacy laws.

How do we hold and protect your personal information?

We hold personal information electronically and in hard copy form. We take reasonable steps to protect your personal information from loss, misuse, modification, or unauthorised access, use and disclosure. These steps include access control for our buildings, confidentiality obligations imposed on our employees and service providers, and the use of security measures for computer system access.

Once we no longer require your personal information for any of the purposes for which it was collected we will, subject to any legal obligations and responsibilities, take reasonable steps to destroy or de-identify your personal information.

Your privacy on our websites and the Business +Plus

This privacy policy also applies to the websites operated by us under various domain names (including dulux.com.au and the other sites we operate on which this privacy policy is made available) and the online ‘Business +Plus’ service we offer to our customers. Please refer to our Business +Plus terms and conditions for more information about how we handle personal information in relation to this service. If you transact electronically with another member of DuluxGroup, you should refer to the website of that member for more information on its website privacy and security procedures.

We operate websites which may utilise ‘cookies’ to collect personal information. A cookie is a small file that is stored on your hard disk by a website. Cookies contain information which is readable by the website that issued the cookie to you. Cookies cannot execute programs or access other information on your computer. Your web browser can be configured to reject cookies issued by our websites, but if you do so, some functionality that we provide on our websites may become unavailable as a result.

When you visit a website of ours, we may collect the following information from you: your IP address, domain name, the date, time and duration of your visit, the pages and documents you accessed, the previous site you had accessed (ie the referring URL), the type of browser you are using and information you volunteer such as survey information, name and email address.

While we take care that the personal information you give us on our websites is protected, the Internet is not a secure environment. If you are considering sending us any personal information through one of our websites, the Business +Plus or by other means, please be aware that the information may be insecure in transit, particularly where no encryption is used (eg. email, standard HTTP). We are subject to laws requiring us to protect information once it comes into our possession.

You may be able to access external websites, operated by companies unrelated to us, by clicking on links we have provided. Those other websites are not subject to our privacy standards and we are not responsible for their privacy practices or the content of such other websites. You should contact those websites directly to ascertain their privacy standards, policies and procedures.

Credit reporting

This section applies in relation to our handling personal information from credit reporting bodies (CRBs) and certain other consumer credit-related personal information described below (credit information). We generally handle credit information in the context of commercial credit rather than consumer credit arrangements. For example, we may handle information about an individual’s consumer credit worthiness where we provide trade credit to sole traders, or where directors provide personal guarantees in relation to trade credit we extend to companies.

We may collect and hold any types of credit information about an individual permitted under the Privacy Act, including:

name, sex, date of birth, driver’s licence number, employer and three most recent addresses;
confirmation of previous information requests about the individual to CRBs made by other credit providers and credit insurers;
details of previous credit applications, including the amount and type of credit and credit limit;
details of current and previous credit arrangements, including credit providers, start/end dates and certain terms and conditions;
permitted payment default information, including information about related payment arrangements and subsequent repayment;
information about serious credit infringements (e.g. fraud);
information about adverse court judgments and insolvency;
publicly available information about the individual’s credit worthiness; and
any credit score or credit risk assessment indicating a CRB’s or credit provider’s analysis of the individual’s eligibility for consumer credit.

This credit information may include information about your arrangements with other credit providers as well as with us.

Where we collect credit information about you from a CRB, we may use that information to produce our own assessments and ratings in respect of your credit worthiness.

We may disclose credit information to CRBs to assist the CRBs to maintain information about you to provide to other credit providers for credit assessments. We may collect credit information from CRBs for purposes including, to the extent permitted by law, to assess your credit or guarantee application, manage your credit/guarantee, assign debts and collect overdue payments. We may also exchange credit information with debt buyers and other credit providers.

The CRBs we use may include:

Equifax, GPO Box 964 North Sydney 2059, www.mycreditfile.com.au, 1300 762 207;
illion, Ground floor, 479 St. Kilda Road Melbourne 3004, www.illion.com.au, email is PACaustral@illion.com.au, 1300 734 806;
Experian, GPO Box 1969, North Sydney NSW 2060, www.experian.com.au, 1300 784 134;
Tasmanian Collection Service, 29 Argyle Street, Hobart, www.tascol.com.au, enquiries@tascol.com.au, (03) 6213 5555.

You have the right to request CRBs not to:

use your credit information to determine your eligibility to receive direct marketing from credit providers; and
use or disclose your credit information it holds about you for a period of 21 days (called a ‘ban period’ without your consent if you believe on reasonable grounds that you have been the victim of fraud, including identity fraud. When you apply for credit, you are taken to agree to us accessing your personal information (including credit-related information) held with a credit reporting body, even if there is a ban period in place, for the purposes of assessing an application for credit or in order to collect overdue payments.

CRBs may use credit information they hold to respond to requests from us or other credit providers to “pre-screen” you for direct marketing. You can ask a not to do this. However, if you are our customer you may still receive direct marketing from us (unless you ask us not to) that has not been “pre-screened”.

Please see other sections of this Privacy Policy for further information regarding access, correction, complaints, disclosures (including to other countries) of personal information and how we collect and hold personal information. In some cases, we are subject to further obligations under the Privacy Act regarding credit information, and this Privacy Policy is not intended to limit or exclude those obligations. Additional privacy consents and notifications may also apply for our credit-related services.

What rights do you have in relation to your personal information which we hold?

We take reasonable steps to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. If you become aware of any errors in your personal information or you change your personal details such as your name, address or bank account details, please contact us at your earliest convenience.

You can gain access to personal information that we hold about you, subject to certain exceptions allowed by law. Please contact us (see ‘How to contact us’ below) if you would like details about the personal information we may hold about you or if you would like us to update or correct it. We will handle any request in accordance with the relevant privacy regulations. We may require you to complete a request form and we also reserve the right to charge a reasonable fee for gaining access. We endeavour to deal with such requests promptly, but requests for a large amount of information, or information which is not currently in use, may require significant time to extract.

Generally, if you request us to do so we will amend any personal information about you held by us which is inaccurate, incomplete or out of date.

If we are not able or unwilling to provide you with access to any personal information or to correct any personal information held by us, we will provide you with our reasons. If we do not agree to amend your personal information and you disagree, you may request that we make a note of your request to update the information, which says that you believe the information is inaccurate, incomplete, misleading or out-of-date.

You can contact us to ask us to do certain things, or to tell us you have a concern

You may also contact us to request us to stop using your personal information to contact you about our products and services. You can contact us if you wish to obtain more information about the way we manage personal information about you which we hold or if you are concerned that we may have breached our privacy obligations and wish to make a complaint.

If you make a complaint, we will endeavour to respond and resolve your complaint promptly. If your complaint is about credit information, we may need to check with the CRB involved. We will let you know we have received your complaint (usually within 7 days). We will keep a record of your complaint and keep you updated on the steps we are taking to help resolve it. We usually give our final response within 45 days.

For more information about privacy generally, or if your compliant is not resolved to your satisfaction, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.

How to contact us

Please visit the Contact Us page of this website. You can also contact our Privacy Officer via privacy@duluxgroup.com.au or call +613 9263 5678.

Changes to this privacy statement

We may change our privacy policies from time to time to comply with new laws or industry codes of practice which are developed or to align with changes to our business. It is your responsibility to refer to our privacy policies from time to time to familiarise yourself with any changes. We encourage you to visit our websites regularly for any updates to our privacy policies.

Last updated: 21 January 2019

Terms of Use

Terms of Use

This website is owned by DuluxGroup (Australia) Pty Limited (ACN 000 049 427) (“DuluxGroup”) of 1956 Dandenong Road, Clayton, VIC 3168. Throughout these terms and this website, the terms “we”, “us”, “our” refer to the Company and any of our affiliated companies (as relevant).

If you use our website, you are agreeing to be bound by the terms listed below and any other laws or regulations which apply to this website.

General Disclaimer

This website has been compiled on the basis of general information current at the time of publication. Changes in circumstances after publication may affect the completeness or accuracy of this information. To the maximum extent permitted by law, we disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, currency and reliability of the information on this website, and to seek professional advice where necessary.

Nothing contained on this website is to be interpreted as a recommendation to use any product, process or formulation or any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that use of the information on this website will not infringe such intellectual property rights. We make no representation that the products displayed on this website are currently available or that their specifications are current and complete. Display of any product does not constitute an offer or undertaking by us.

We make this website and its contents available on an as-is basis. We make no representations or warranties of any kind with respect to this website or its contents. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the security, completeness, accuracy, merchantability or fitness for purpose of this website, including without limitation the information on this website, products referred to on this website and any email correspondence between you and us.

Nothing contained on this website amounts to an invitation to deal in shares or other securities of any entity related to us, including DuluxGroup Limited. Please seek independent professional advice before making a decision to invest in any entity related to us.

Intellectual Property Statement

Unless otherwise indicated, all copyright and other intellectual property rights in the website design, text, images, graphics, data, information, logos, and other materials on this website, including the selection and arrangement thereof, and all software relating to this website, belongs to or is licensed by DuluxGroup. This copyright is protected by Australian and international copyright laws. All trade marks, service marks, trade names, branding and get-up (trade dress) on this website belong to DuluxGroup, its related entities or its licensors. DuluxGroup, its related entities or its licensors do not give you any licence or right to use them.

Subject to the following paragraph, no material from this website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without our prior written permission.

We grants you permission to download a copy of the material on this website in the usual course of operating your web browser, for your personal non-commercial use. You may also print hard copies of the material on this website, provided you retain all copyright and other proprietary notices on that material.

Limitation of Liability

The use or reliance on the information on this website is at your own risk. DuluxGroup, its related entities, its directors, employees, shareholders, agents and other representatives will not, under any circumstances, be liable for any injury, loss, damage, claims, expenses, or liabilities whatsoever arising out of or related to the use, or inability to use, the information on this website or provided through this website by email. This limitation of liability includes, but is not limited to, compensatory, punitive, direct, incidental, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims.

To the maximum extent permitted by law, the Company does not accept any responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.

Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded. If you are a consumer for the purposes of applicable State or Federal law in Australia, with the consequence that certain guarantees and certain rights and remedies are conferred on you which cannot be excluded, restricted or modified, then to the maximum extent permitted by law, our liability to you is limited at our option to: (a) in the case of goods: (i) replacement of the goods or the supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; and (b) in the case of services: (i) resupply of the services; or (ii) payment of the cost of resupplying the services.

Links

We permit linking to this website, provided that the full html page is loaded. Any such links must not incorporate our trade marks or service marks, and must not be used to disparage or otherwise detrimentally affect the reputation of DuluxGroup or its related companies.

Information on this website may include links to the websites of others outside our network. These links are provided for your convenience only. The inclusion of any link to other websites does not imply endorsement by the Company of third party companies, individuals, products, information, or opinions. We do not warrant that information on any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor do we authorise any such infringement by providing these links. We recommend you read the legal and privacy notices of any other websites that you visit.

If this website contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this website does not constitute the recommendation or endorsement by us or any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase or acquire from those third parties.

We disclaim liability for any loss or damage whatsoever arising from your use of links to third party websites.

Privacy Policy

When you use this website our hosting platforms or Internet Service Provider (ISP) may make a record of your visit and log your IP or server address, your domain name, the date, time and duration of your visit, the pages and documents you accessed, the previous site you had accessed (ie, the referring url) and the type of browser you are using. This information is collected for statistical purposes only, and we will not make any attempt to identify users according to their browsing activity. It is also possible that your ISP is logging your activity while you visit our site. This is beyond the control of DuluxGroup.

While you are visiting our site we may use cookies to facilitate a more personalised web browsing experience. You may disable cookies in your web browser’s settings. Except where you volunteer personal or business information, we will not procure information about you via any alternative means while you visit our site. While we employ advanced data encryption technology when interfacing with its customers, suppliers and other partners, users should be aware that there is an inherent risk in transmitting any data electronically. This risk is inherent in all Internet dealings.

Any personal information sent to this website is subject to our Privacy Policy and privacy laws. If you do supply personal information, we are required to comply with our Privacy Policy and relevant privacy laws when we collect and use such information. To read our Privacy Policy please click here.

Unsolicited Materials and Ideas

It is our policy not to accept information from third parties which is confidential or proprietary. If you wish to retain the confidentiality of your information, do not submit it to us via email or otherwise.

Any non-personal information you submit to us will become our property, and we may use it for any purpose and in any way, including but not limited to, reproduction, disclosure, transmission, publication, and broadcasting or otherwise, without any obligation to reference or compensate you.

We are free to use any unsolicited ideas, artwork, inventions, developments, suggestions or concepts contained in any communication sent to this website by you for any purposes (including but not limited to the developing, manufacturing, advertising and marketing of products), without any obligation to reference or compensate you.

This will apply even if your material includes a statement contrary to these terms of use.

Indemnity

You agree to indemnify DuluxGroup, its related entities, its directors, employees, shareholders, agents and other persons involved in the creation of this website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to DuluxGroup via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Consumer Law.

Jurisdiction

If a dispute arises regarding these terms of use, the laws of the State of Victoria, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts of appeal from them, and waive any rights that you may have to challenge the appropriateness of that forum.

If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

If the information on this website is translated into or presented in languages other than English, the English version of that information will be authoritative in relation to any disputes regarding its interpretation.

Updates to Terms

We reserve the right to make any changes and corrections to these terms at any time.

If any provision of these terms is held void, unenforceable or illegal, that provision will be severed, and the remaining provisions will have full force and effect.