Brilliant Legals

Privacy policy

In this Privacy Policy, “Brilliant Lighting” “us” “we” or “our” means both Brilliant Lighting (Aust) Pty Ltd (ABN 37 006 203 694) and our related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth).

Your privacy is important to us and we respect your privacy and the information you provide to us and aim to manage the information we may collect from you from time to time in a transparent and open manner in accordance with applicable laws on data privacy protection and data security, in particular the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

We may collect personal information from you from time to time during the course of providing services to you, including but not limited to when we: take orders from you; provide you with quotations for our products; supply you with our products; and when you use our e-commerce platforms such as our smart device mobile application (collectively “Services”), and during your access to our website (https://www.brilliantlighting.com.au) (“Website”). When we do so we will collect, use and manage that information in accordance with this Privacy Policy.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide you with Services and/or it may impact your use of the Website.

Personal Information We Collect

Depending on your usage of our Services and/or our Website, we may collect the following types of personal information:

  • Name
  • Address
  • Email Address
  • Gender
  • Contact number
  • Details of your past dealings with us or our customers, and details of your participation in our events and promotions and your purchases of our products and services
  • Credit Card details / payment information
  • Any other personal information we require to supply the specific information, products or services you request, or to open a credit account for you
  • Details of your financial position and credit history

Further, if you seek employment with us, we may also collect information about your employment history, including but not limited to any information pertaining to your work history that you or a recruitment consultant, previous employer or reference may provide.

Depending on your device settings, we may also automatically collect the following information when you use and access our Website and/or e-commerce platforms:

  • Details of your visit to our Website such as your IP address, server address, domain name and browser type, the date and time of the visit, the information downloaded, customer ID code, and links from other websites followed to get to our Website; and
  • Information about smart devices and your use of our smart device mobile application such as the device name, device ID, online status, activation time, firmware and upgrade information, your location when using smart devices, and data collected by specific smart devices.
Collection and Use of Personal Information

Generally, we will collect your personal information directly from you. We may do this when you communicate with us via:

  • Telephone;
  • Mail;
  • Fax;
  • Email;
  • An Employment Application (if applicable);
  • Subscribe to our publications or social media; or
  • Participate in our promotions.

Otherwise, we may collect your personal information from your use of our Website and/or Services, your smart device, our stockists or other third parties.

We may de-identify information when feasible and appropriate, depending on the nature of the information, the use to be made of the information and the risks associated with the intended uses.

Holding Personal Information

We hold your personal information in both hard copy and electronic formats, for a period of seven (7) years after collection. We may hold information for longer than seven (7) years if you are still a current customer at that time or are using our Services, in which case we will only hold the information until it is no longer needed to provide you with our Services.

We take all reasonable steps to ensure that your personal information is protected from misuse, interference and loss, and from unauthorized access, modification or disclosure. We maintain security over our premises and access to our computer systems is limited and controlled.

However, in some instances, we may engage third parties to host or manage our Website, aspects of our Services and data on our behalf. To the extent permitted by law, we take no responsibility for the actions of the third parties we engage, and we expressly disclaim any responsibility or liability for: any misuse, interference or loss of your personal information; or unauthorized access, modification or disclosure of the same, which may occur due to the actions of or as a consequence of the actions of these third parties.

Purpose of collecting, holding, using and disclosing personal information

The purpose of collecting, holding, using and disclosing personal information about you is predominantly so that we can provide you with our Services as well as access to our Website and/or e commerce platforms. However, we also collect, hold, use and disclose your personal information for the following purposes:

  • To contact and communicate with you directly;
  • For internal administrative purposes;
  • For the assessment and management of credit applications and accounts;
  • For quality assurance and improvement purposes;
  • To run competitions or offer additional benefits to you;
  • As part of our marketing and business development activities;
  • To resolve any disputes, we may have with you or others;
  • Where applicable, to consider any application for employment with us; or
  • As otherwise required by law.

We may disclose your personal information to the following:

  • Our Stockists;
  • Third party service providers, including (without limitation): IT service providers; data storage providers; hosting and server providers; ad networks; analytics providers; error loggers; debt collectors; maintenance or problem-solving providers; marketing or advertising providers; and payment systems operators, for the purpose of enabling them to provide their services to us so that we can to provide you with a seamless experience when you use our Services or access our Website, and/or to improve the quality of our services to you;
  • Our business partners, but only to the extent the information may be necessary for our business partners to provide their services to us and/or you;
  • Professional advisors;
  • Employees, contractors, subcontractors or related entities for the purposes of providing our Services and to enable your use of our Website;
  • Sponsors or promotors for any competitions we run; or
  • Credit reporting agencies in the event you fail to pay for goods or services we have provided to you, courts, tribunal and regulatory authorities as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights.
  • Accessing Personal Information

    You may request details of or access to a copy of your information. Where a copy of your personal information is requested, we will require you to verify your identity.

    We reserve our right to deny access to the personal information in the circumstances provided for in the Australian Privacy Principles. In the event we refuse you access, we will provide the reasons for the refusal and the mechanisms available should you wish to lodge a complaint.

    We will always take reasonable steps to give access to you in a way that meets your needs as well as ours.

    We may charge reasonable costs for providing you with access to your personal information.

    Correcting Personal Information

    If you believe that any information is inaccurate, out of date, irrelevant, misleading or incomplete, you may request that the data be corrected, or we may determine that it should be removed.

    You may request that we notify any other entities of the correction, where we have previously disclosed such information to another entity.

    Who to Contact

    Requests for access to or correction of your personal information must be made in writing to our Privacy Officer, via the following

    Please clearly state whether you are seeking access to your information or correction of your personal information.

    Restrict or Unsubscribe

    If you have previously agreed to us collecting, using and disclosing your personal information for marketing purposes, you may change your mind at any time.

    Commercial electronic messages (in most cases, emails), sent to you which contain marketing material, will always contain our contact information and a functional unsubscribe facility to allow you to opt-out of receiving messages of this nature from us in the future. Alternatively, if you would like to opt-out of receiving these communications, you can contact us at any time using the contact details provided in this Privacy Policy.

    We will endeavour to honour any such unsubscribe requests within five (5) working days.

    Complaints

    If you think we have breached a relevant data protection law or you wish to make a complaint about the way we have handled your personal information, please contact us using the details below and include your name, email address and/or telephone number and clearly describe your complaint.

    We reserve our right to decline to investigate the complaint where the complaint does not interfere with the privacy of the person who lodged the complaint.

    We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, you have the right to contact the Office of the Australian Information Commissioner in relation to your complaint – see https://www.oaic.gov.au/privacy/privacy-complaints/

    International Transfers of Personal Information

    The personal information we collect is processed and stored in Australia, Germany, or wherever else we, our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.

    We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

    Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.

    When you agree to this Privacy Policy, you are, to the extent required and permitted under your local law, granting your consent to the transfer of your personal information to such other countries for the purpose of us providing our Services to you, including via our Website or e-commerce platforms.

    Children

    We understand the importance of protecting the privacy of children in an online environment.

    We will never knowingly collect or maintain information about any person under the age of 13.

    Whereas, if you are under 16 years of age, you must have, and warrant to the extent permitted by law, that you have your parent or legal guardian’s permission to access and use our Website and your parents or guardian have consented to you providing us with your personal information.

    Notification of Data Breaches

    We will comply with all applicable laws, including the GDPR, in respect of any data breach.

    Cookies

    We use “cookies” to collect information about you and your activity across our Website and e-commerce platforms. A cookie is a small piece of data that our Website (or e-commerce platforms) stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified. Please refer to our Cookie Policy, available via https://www.brilliantlighting.com.au/legals/cookie-policy for more information.

    Business transfers

    If we or our assets are acquired, or in the unlikely event that we go out of business or enter liquidation, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this Privacy Policy.

    Limits of our policy in respect of third party Websites

    Our Website and/or the products we use in providing you with the Services, may link to external sites that are not operated by us, including our payment processor. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices as those websites are not subject to our Privacy Policy. We recommend that you take all reasonable steps to ensure they will comply with the Australian Privacy Principles.

    We do not specifically endorse, approve or recommend the website, services or products provided on third party websites and by accessing third party websites you do so at your own risk and subject to any privacy policy that the third party may have which governs use of their website, services or products. You should review the privacy policy of any third party websites you access.

    Changes to this policy

    At our discretion, we may change our Privacy Policy to reflect current acceptable practices. We will take reasonable steps to let users of our Services, Website or e-commerce platforms, know about changes via our website. Your continued use of our Services and/or Website after any changes to this Privacy Policy will be regarded as acceptance of our practices around privacy and personal information.

    If we make a significant change to this privacy policy, we will ask you to re-consent to the amended privacy policy the next time you deal with us.

    Data Controller and Processor for the Purposes of the GDPR

    For the purposes of compliance with the GDPR, we advise they are both Data Controllers and Processors and will comply with the obligations each position holds under the GDPR.

    General Contact Information

    If you have any questions about the Brilliant Lighting Privacy Policy, please contact: