This policy sets out what personal data we collect, for what purposes and your rights in this respect.
For individuals who require access to a Powershop site on behalf of a Supplier or Business Partner you may be asked to provide additional information to enable you to be identified for health, safety and security purposes and to manage the relationship between Powershop and the relevant Supplier or Business Partner.
Special Notice – if you are under 16 years old. Processing children’s personal data
Except in those cases where Powershop may organise educational events specifically designed for children, we do not intentionally collect personal data of individuals under 16 years old. If you are under 16 years old (please do not send us your personal data for example, your name, address and email address. If you wish to contact Powershop in a way which requires you to submit your personal data (such as for education or innovation events) please get your parent or guardian to do so on your behalf.
What personal data do we process about you?
We process personal data from and in relation to individuals who are, or who work for or on behalf of, or who are shareholders or directors of our Suppliers and Business Partners in the following categories:
- Contact information (such as name, postal or e-mail address, date-of-birth and phone number) only if necessary;
- Business contact and other information (such as job title, department, name of organization and your dealings with Powershop on behalf of the relevant Supplier or Business Partner).
In addition, in order to comply with legal and regulatory obligations, to protect Powershop’s assets and specifically to ensure that Shell can comply with trade control, anti-money laundering and/or bribery and corruption laws and other regulatory requirements, we carry out screening (pre-contract and on a periodic basis post-contract) on owners, shareholders and directors of our Suppliers and Business Partners. This screening takes place against publicly available or government issued sanctions lists and media sources.
Who is responsible for any personal data collected?
Powershop Australia Pty Limited (ABN 41 154 914 075), Level 15, 357 Collins St Melbourne VIC 3000, Australia will be responsible for processing your personal data, either solely or jointly with its affiliates within the Shell group of companies.
For what purposes do we process your personal data? How will we use your personal data?
- Business execution – including providing, researching, developing and improving products or services; concluding and executing agreements with Suppliers and Business Partners; recording and settling services, products and materials to and from Powershop, managing relationships and marketing, account management, and development, execution and analysis of market surveys and marketing strategies, dealing with any complaints or enquiries, purposes permitted under the Privacy Act, credit reporting legislation and debt-recovery;
- Organisation and management of the business – including financial management, asset management, mergers, demergers, acquisitions and divestitures, implementation of controls, management reporting, analysis, internal audits and investigations;
- Health, safety and security – including protection of an individual’s life or health, occupational health and safety, protection of Powershop and staff, authentication of individual status and access rights; or
- Legal and/or regulatory compliance – including compliance with legal or regulatory requirements.
We may also process your personal data for a secondary purpose where it is closely related, including but not limited to:
- storing, deleting or anonymising personal data;
- fraud prevention, audits, investigations, dispute resolution or insurance purposes, litigation and defence of claims; or
- statistical, historical or scientific research.
Why do we process your personal data?
We process your personal data:
- in order to take steps at the request of an individual prior to entering into a contract;
- where it is necessary to comply with a legal or regulatory obligation to which Powershop is subject to;
- for legitimate business interests; or
- (only if legally required) with the explicit consent of the individual.
In those cases where processing is based on consent, and subject to applicable local law which provides otherwise, you have the right to withdraw your consent at any time. This will not affect the validity of the processing prior to the withdrawal of consent. Please note that as a general principle, Powershop does not seek or rely on explicit consent for processing personal data. However, there are limited circumstances when consent is required, such as if required by applicable local law.
Security of your personal data: how will we hold your personal data?
We have implemented technology and policies with the objective of protecting your privacy from unauthorised access and improper use and will update these measures as new technology becomes available, as appropriate.
Who will we share your personal data with?
- other companies within the Shell group of companies, including to those which may be located outside of Australia;
- authorised third parties who at times may reside overseas, service providers (including insurers, distributors, metering service providers, financial institutions for payment processing and authorised third parties who carry out relevant reference, background and screening checks on behalf of Powershop), external auditors and/or subcontractors of Powershop;
- a competent public authority, government, regulatory or fiscal agency where it is necessary to comply with a legal or regulatory obligation to which Powershop is subject to or as permitted by applicable local law;
- credit providers or credit reporting agencies;
- debt collection agencies and other parties that assist with debt recovery functions; or
- any person to whom Powershop proposes to transfer any of its rights and/or duties.
What are the consequences of not providing your personal data?
Personal data collected by Powershop for these processes either directly or indirectly is required in order to:
- fulfil legal requirements and/or which is required for entering into a contract with a counter-party and continuing to contract with that counter-party; or
- maintain contact with Suppliers and Business Partners.
Failure to provide us with the information required may negatively affect our ability to communicate with you, or our ability to enter into a contract with a counter-party or continue to contract with a counter-party.
How long do we hold your personal data for?
In all cases information may be held for (a) a longer period of time where there is a lawful reason to do so (in which case it will be deleted once no longer required for that purpose) or (b) a shorter period where the individual objects to the processing of their personal data and there is no longer a legitimate business purpose to retain it.
Your rights and how to exercise them
We aim to keep our information as accurate as possible. You can request:
- access to your personal data;
- correction or deletion of the personal data (but only where they are no longer required for a legitimate business purpose or we are not required to retain it by law);
- that the processing of your personal data is restricted; and/or
- that you receive personal data that you have provided to Powershop, in a structured, digital form to be transmitted to another party, if this is technically feasible.
If for some reason we cannot grant your request, we will explain why.
Who can you contact if you have a query, concern or complaint about your personal data?
If you have any issues, queries or complaints regarding the processing of your personal data please contact email@example.com or call us on 1800 462 668 or the Shell group email Privacy-Office-SI@shell.com and we will take reasonable steps to investigate such matters.
The way in which we deal with complaints is set out on our website at www.powershop.com.au/complaints/. We hope that we will be able to resolve any complaints with you, but if you are not happy with how we resolve your complaint, you can contact the Office of the Australian Information Commissioner at:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Telephone: 1300 363 992
You also have the right to lodge a complaint to the Dutch Data Protection Authority whose address is Prins Clauslaan 60, 2595 AJ The Hague, The Netherlands. Please visit https://autoriteitpersoonsgegevens.nl/en for more information.
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