Privacy Policy

Privacy Policy

This Privacy Policy sets out the approach which (OMNITRONICS) will take in relation to the treatment of Personal Information. It includes information on how OMNITRONICS collects, uses, discloses and keeps secure, individuals’ personal information. It also covers how OMNITRONICS makes the personal information it holds available for access to and correction by the individual.

This policy has been drafted having regard to OMNITRONICS’s obligations under the Commonwealth of Australia Privacy Act 1988 (including the National Privacy Principles) (the Privacy Act).

In addition to Australian Privacy Legislation, the processing of personal information, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to OMNITRONICS’s operations in EU member countries.

The use of the Internet pages of OMNITRONICS is possible without any indication of personal information; however, if a data subject wants to use special services via our website, processing of personal information could become necessary. If the processing of personal information is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.

OMNITRONICS has implemented numerous technical and organizational measures to ensure the most complete protection of personal information processed through our website (s). However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal information to us via alternative means, e.g. by telephone.

  1. Collection

1.1 OMNITRONICS will only collect Personal Information where the information is necessary for OMNITRONICS to perform one or more of its functions or activities. In this context, “collect” means gather, acquire or obtain by any means, information in circumstances where the individual is identifiable or identified.

1.2 OMNITRONICS collects Personal Information primarily to supply individuals and organisations who obtain OMNITRONICS products and services directly from OMNITRONICS with information and details of its products and services. OMNITRONICS also collects and uses Personal Information for secondary purposes including:

  1. provision of products and services;
  2. accounting purposes;
  3. business planning and product development.

1.3 OMNITRONICS will notify individuals (including, but not limited to, our customers) of the matters listed below at the time of collecting any Personal Information:

  1. the main reason that we are collecting Personal Information (this reason will be the Primary Purpose);
  2. other related Uses or Disclosures that we may make of the Personal Information (Secondary Purposes);
  3. our identity and how individuals can contact us, if this is not obvious;
  4. that individuals can access the Personal Information that OMNITRONICS holds about them;
  5. that individuals should contact OMNITRONICS (even if they are not a member or an employee of a member) if they wish to access or correct Personal Information collected by us or have any concerns in relation to Personal Information;
  6. the organisations or types of organisations to whom we usually Disclose the Personal Information;
  7. where applicable, any law that requires the Personal Information to be collected;
  8. the consequences (if any) for the individual if all or part of the Personal Information is not provided to OMNITRONICS.

1.4 Where it is not practicable for OMNITRONICS to notify individuals of all of the Collection Information before the collection of Personal Information, OMNITRONICS will ensure that individuals are notified of the Collection Information as soon as possible after the collection. OMNITRONICS will provide “post collection notification” in those circumstances where it is not practicable to notify individuals about the collection of their personal information before it is collected.

1.5 OMNITRONICS will not collect Sensitive Information from individuals except with express consent from the individual and only where it is necessary for OMNITRONICS to collect such information for an activity or function.

1.6 OMNITRONICS will not collect Personal Information secretly or in an underhanded way.

1.7 OMNITRONICS will take steps to ensure that individuals on purchased lists are or have been notified of the information as outlined at 1.3.

1.8 OMNITRONICS may collect data online:

  1. Cookies

The Internet pages of OMNITRONICS use cookies. Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, OMNITRONICS can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.

The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

  1. Collection of general data and information

The OMNITRONICS website(s) collect(s) a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.

When using these general data and information, OMNITRONICS does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, OMNITRONICS analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal information we process. The anonymous data of the server log files are stored separately from all personal information provided by a data subject.

  1. Registration on our website

The data subject has the possibility to register on the website of the controller with the indication of personal information. Which personal information are transmitted to the controller is determined by the respective input mask used for the registration. The personal information entered by the data subject are collected and stored exclusively for internal use by the controller, and for his own purposes. The controller may request transfer to one or more processors (e.g. a parcel service) that also uses personal information for an internal purpose which is attributable to the controller.

By registering on the website of the controller, the IP address—assigned by the Internet service provider (ISP) and used by the data subject—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offences. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.

The registration of the data subject, with the voluntary indication of personal information, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal information specified during the registration at any time, or to have them completely deleted from the data stock of the controller.

The data controller shall, at any time, provide information upon request to each data subject as to what personal information are stored about the data subject. In addition, the data controller shall correct or erase personal information at the request or indication of the data subject, insofar as there are no statutory storage obligations. The entirety of the controller’s employees are available to the data subject in this respect as contact persons.

  1. Subscription to our newsletters

On the OMNITRONICS website(s), users are given the opportunity to subscribe to our newsletter(s). The input mask used for this purpose determines what personal information are transmitted, as well as when the newsletter is ordered from the controller.

OMNITRONICS informs its customers and business partners regularly by means of a newsletter about enterprise offers. The newsletter may only be received by the data subject if (1) the data subject has a valid e-mail address and (2) the data subject registers for the newsletter shipping. A confirmation e-mail will be sent to the e-mail address registered by a data subject for the first time for newsletter shipping, for legal reasons, in the double opt-in procedure. This confirmation e-mail is used to prove whether the owner of the e-mail address as the data subject is authorized to receive the newsletter.

During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the data subject at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the e-mail address of a data subject at a later date, and it therefore serves the aim of the legal protection of the controller.

The personal information collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by e-mail, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances.

There will be no transfer of personal information collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the data subject at any time. The consent to the storage of personal information, which the data subject has given for shipping the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding Unsubscribe link is found in each newsletter. It is also possible to unsubscribe from the newsletter at any time directly on the website of the controller, or to communicate this to the controller in a different way.

  1. Newsletter-Tracking

The OMNITRONICS contains so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such e-mails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, OMNITRONICS may see if and when an e-mail was opened by a data subject, and which links in the e-mail were called up by data subjects.

Such personal information collected in the tracking pixels contained in the newsletters are stored and analyzed by the controller in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the data subject. These personal information will not be passed on to third parties.

Data subjects are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, these personal information will be deleted by the controller. OMNITRONICS automatically regards a withdrawal from the receipt of the newsletter as a revocation.

  1. Contact possibility via the website

The website(s) of OMNITRONICS contain(s) information that enables a quick electronic contact, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address).

If a data subject contacts the controller by e-mail or via a contact form, the personal information transmitted by the data subject are automatically stored. Such personal information transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject.

There is no transfer of this personal information to third parties.

  1. Comments function in the blog on the website

OMNITRONICS offers users the possibility to leave individual comments on individual blog contributions on a blog, which is on the website of the controller. A blog is a web-based, publicly-accessible portal, through which one or more people called bloggers or web-bloggers may post articles or write down thoughts in so-called blogposts. Blogposts may usually be commented by third parties.

If a data subject leaves a comment on the blog published on this website, the comments made by the data subject are also stored and published, as well as information on the date of the commentary and on the user’s (pseudonym) chosen by the data subject. In addition, the IP address assigned by the Internet service provider (ISP) to the data subject is also logged.

This storage of the IP address takes place for security reasons, and in case the data subject violates the rights of third parties, or posts illegal content through a given comment. The storage of these personal information is, therefore, in the own interest of the data controller, so that he can exculpate in the event of an infringement. This collected personal information will not be passed to third parties, unless such a transfer is required by law or serves the aim of the defence of the data controller.

  1. Subscription to comments in the blog on the website

The comments made in the blog of OMNITRONICS may be subscribed to by third parties. In particular, there is the possibility that a commenter subscribes to the comments following his comments on a particular blog post.

If a data subject decides to subscribe to the option, the controller will send an automatic confirmation e-mail to check the double opt-in procedure as to whether the owner of the specified e-mail address decided in favour of this option. The option to subscribe to comments may be terminated at any time.

  1. Use

2.1 OMNITRONICS will obtain an individual’s consent for Use of non-sensitive Personal Information for Secondary Purposes at the time of collection, unless the Use is a related Secondary Purpose which would be within the relevant individual’s Reasonable Expectations.

2.2 OMNITRONICS Uses Personal Information primarily for the purposes listed in 1.2 above.

2.3 If OMNITRONICS relies on the Direct Marketing exception to Direct Market to individuals it will ensure that:

  1. individuals are clearly notified of their right to Opt Out from further Direct Marketing; and
  2. if the individual Opts Out of all Direct Marketing the Opt Out will be respected by OMNITRONICS and implemented free of charge.

2.4 OMNITRONICS will not use Sensitive Information for Direct Marketing.

2.5 OMNITRONICS may use Personal Information to avoid an imminent threat to a person’s life or to public safety. It may also use Personal Information for reasons related to law enforcement or internal investigations into unlawful activities.

2.6 OMNITRONICS will not use Personal Information without taking reasonable steps to ensure that the information is accurate, complete and up to date.

2.7 OMNITRONICS 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.

2.8 OMNITRONICS shall process and store the personal information of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.

If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal information are routinely blocked or erased in accordance with legal requirements.

  1. Disclosure

3.1 OMNITRONICS may Disclose Personal Information to related or unrelated third parties if consent has been obtained from the individual.

3.2 OMNITRONICS may Disclose Personal Information to unrelated third parties to enable outsourcing of functions where that Disclosure or Use is for a related Secondary Purpose and has been notified to individuals or where such Disclosure is within the individual’s Reasonable Expectations.

3.3 OMNITRONICS will take reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the Use and Disclosure requirements of the Privacy Act.

3.4 In the rare event that OMNITRONICS is required to disclose Personal Information to law enforcement agencies, government agencies or external advisors OMNITRONICS will only do so in accordance with the Privacy Act or any other relevant legislation.

3.5 OMNITRONICS may Disclose Personal Information to avoid an imminent threat to a person’s life or to public safety.

3.6 If a Disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, OMNITRONICS will not Disclose Personal Information otherwise than in accordance with the exceptions set out at 3.1 to 3.6 above.

3.7 OMNITRONICS does not generally share its customer lists on a commercial basis with third parties but if it did, it would only do so if we had the appropriate consent of the individual involved.

  1. Information Quality

4.1 OMNITRONICS will review its collection and storage practices from time to time to ascertain how improvements to accuracy can be achieved.

4.2 OMNITRONICS will take steps to destroy or de-identify Personal Information after as short a time as possible and after a maximum of seven years, unless the law requires otherwise.

  1. Information Security

5.1 OMNITRONICS requires employees and contractors to perform their duties in a manner that is consistent with OMNITRONICS’s legal responsibilities in relation to privacy.

5.2 OMNITRONICS will take all reasonable steps to ensure that paper and electronic records containing Personal Information are stored in facilities that are only accessible by people within OMNITRONICS who have a genuine “need to know” as well as “right to know”.

5.3 OMNITRONICS will review its information security practices from time to time to ascertain how ongoing responsibilities can be achieved and maintained.

  1. Access and Correction

6.1 OMNITRONICS will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Commonwealth of Australia Privacy Act.

6.2 OMNITRONICS will correct its records containing Personal Information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act.

6.3 Individuals wishing to lodge a request to access and/or correct their Personal Information should do so by contacting OMNITRONICS, as per the details provided in this document.

6.4 OMNITRONICS will not normally charge a fee for processing an access request unless the request is complex or is resource intensive.

  1. Rights of the data subject

7.1 Right of confirmation

Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal information concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.

7.2 Right of access

Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal information stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:

  • the purposes of the processing;
  • the categories of personal information concerned;
  • the recipients or categories of recipients to whom the personal information have been or will be disclosed, in particular recipients in third countries or international organisations;
  • where possible, the envisaged period for which the personal information will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal information, or restriction of processing of personal information concerning the data subject, or to object to such processing;
  • the existence of the right to lodge a complaint with a supervisory authority;
  • where the personal information are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.

Furthermore, the data subject shall have a right to obtain information as to whether personal information are transferred to a third country or to an international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.

7.3 Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal information concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal information completed, including by means of providing a supplementary statement.

If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.

7.4 Right to erasure (Right to be forgotten)

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal information concerning him or her without undue delay, and the controller shall have the obligation to erase personal information without undue delay where one of the following grounds applies, as long as the processing is not necessary:

  • The personal information are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
  • The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
  • The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
  • The personal information have been unlawfully processed.
  • The personal information must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
  • The personal information have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.

If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal information stored by the OMNITRONICS, he or she may, at any time, contact any employee of the controller. An employee of OMNITRONICS shall promptly ensure that the erasure request is complied with immediately.

Where the controller has made personal information public and is obliged pursuant to Article 17(1) to erase the personal information, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal information that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal information, as far as processing is not required. An employees of OMNITRONICS will arrange the necessary measures in individual cases.

7.5 Right of restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

  • The accuracy of the personal information is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal information.
  • The processing is unlawful and the data subject opposes the erasure of the personal information and requests instead the restriction of their use instead.
  • The controller no longer needs the personal information for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
  • The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
  • If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal information stored by the OMNITRONICS, he or she may at any time contact any employee of the controller. The employee of OMNITRONICS will arrange the restriction of the processing.

7.6 Right to data portability

Each data subject shall have the right granted by the European legislator, to receive the personal information concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal information have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal information transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.

In order to assert the right to data portability, the data subject may at any time contact any employee of the OMNITRONICS.

7.7 Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal information concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.

OMNITRONICS shall no longer process the personal information in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

If OMNITRONICS processes personal information for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal information concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to OMNITRONICS to the processing for direct marketing purposes, OMNITRONICS will no longer process the personal information for these purposes.

In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal information concerning him or her by OMNITRONICS for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In order to exercise the right to object, the data subject may contact any employee of the OMNITRONICS. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.

7.8 Automated individual decision-making, including profiling

Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision

  1. is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or
  2. is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or
  3. is not based on the data subject’s explicit consent.

If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, OMNITRONICS shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the OMNITRONICS.

  1. Openness

8.1 Contact with OMNITRONICS via phone or web inquiry will be the first point of contact for inquiries about privacy issues.

8.2 Any formal privacy related complaints should be directed in writing to the OMNITRONICS Privacy Officer 27 Sarich Court, Osborne Park, WA 6017, Australia.

8.3 OMNITRONICS will endeavour to manage any privacy related complaint efficiently and in a timely manner.

8.4 OMNITRONICS websites will contain a prominently displayed privacy statement and will include a copy of this OMNITRONICS Privacy Policy.

  1. Anonymous Transactions

9.1 OMNITRONICS will not make it mandatory for visitors to its web sites to provide Personal Information unless such Personal Information is required to answer an inquiry or provide a service. OMNITRONICS may however request visitors to provide Personal Information voluntarily to OMNITRONICS (for example, as part of a competition or questionnaire).

9.2 OMNITRONICS will allow its customers to transact with it anonymously wherever that is reasonable and practicable.

  1. Transferring / using personal information overseas

10.1 OMNITRONICS generally does not send information overseas.

10.2 If Personal Information must be sent by OMNITRONICS overseas for sound business reasons, OMNITRONICS will require the overseas organisation receiving the information to provide a binding undertaking that it will handle that information in accordance with the National Privacy Principles, preferably as part of the services contract.

10.3 For users within the EU member states the following applies:

  1. Data protection for applications and the application procedures

The data controller shall collect and process the personal information of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller.

If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements.

If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

  1. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal information is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR.

The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal information is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal information may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR.

This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal information. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

  1. The legitimate interests pursued by the controller or by a third party

Where the processing of personal information is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

  1. Period for which the personal information will be stored

The criteria used to determine the period of storage of personal information is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

  1. Provision of personal information as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal information; possible consequences of failure to provide such data

We clarify that the provision of personal information is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal information, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal information when our company signs a contract with him or her. The non-provision of the personal information would have the consequence that the contract with the data subject could not be concluded. Before personal information is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal information is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal information and the consequences of non-provision of the personal information.

  1. Data protection for applications and the application procedures

The data controller shall collect and process the personal information of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller.

If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

  1. Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal information is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal information is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal information may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal information. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

  1. The legitimate interests pursued by the controller or by a third party

Where the processing of personal information is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.

  1. Period for which the personal information will be stored

The criteria used to determine the period of storage of personal information is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

  1. Glossary

Collection Information means the information outlined in 1.3 notified to individuals prior to, or as soon as practical after, the collection of their Personal Information.

Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal information relating to him or her.

Controller or controller responsible for the processing means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal information; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Data subject means any identified or identifiable natural person, whose personal information is processed by the controller responsible for the processing.

Direct Marketing means the marketing of goods or services through means of communication including written, verbal or electronic means. The goods or services which are marketed may be those of OMNITRONICS or a Related Body Corporate or those of an independent third party organisation.

Disclosure generally means the release of information outside OMNITRONICS PTY LTD, including under a contract to carry out an “outsourced function”.

Health Information means information or an opinion about the health or a disability (at any time) of an individual.

Opt Out means an individual’s expressed request not to receive further Direct Marketing.

OMNITRONICS means Omnitronics Pty Ltd as trustee for Omnitronics Unit Trust.

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. This includes but is not limited to reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing means any operation or set of operations which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Processor means a natural or legal person, public authority, agency or other body which processes personal information on behalf of the controller.

Profiling means any form of automated processing of personal information consisting of the use of personal information to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Primary Purpose is the dominant or fundamental reason for information being collected in a particular transaction.

Pseudonymisation means the processing of personal information in such a manner that the personal information can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal information are not attributed to an identified or identifiable natural person.

Recipient means a natural or legal person, public authority, agency or another body, to which the personal information are disclosed, whether a third party or not. However, public authorities which may receive personal information in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

Reasonable Expectation means a reasonable individual’s expectation that their personal information might be Used or Disclosed for the particular purpose.

Restriction of processing means the marking of stored personal information with the aim of limiting their processing in the future.

Sensitive Information means:

  1. information or an opinion about an Individual’s:
  • racial or ethnic origin; or
  • membership of a political association; or
  • religious beliefs or affiliations; or
  • philosophical beliefs; or
  • membership of a professional or trade association; or
  • membership of a trade union; or
  • sexual preferences or practices; or
  • criminal record; that is also personal information; or
  1. Health Information about an individual.

Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal information.

Use means the handling of Personal Information within OMNITRONICS.

Updates to this Privacy Policy

OMNITRONICS may amend or modify this Privacy Policy without notice by posting the amended Privacy Policy to our website(s).

Contacting OMNITRONICS

Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

Omnitronics Pty Ltd

27 Sarich Court

Osborne Park, Perth, WA 6017

Australia

Phone: +61 (0)8 9445 2633

Website: www.omnitronicsworld.com

If you require further information regarding OMNITRONICS’s Privacy Policy, contact us.

Last Updated 24 May 2018