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Privacy Policy

Gainsell Pty Ltd (ORCA RV) recognises the importance of protecting an individual’s privacy. We appreciate that individuals are concerned about the security of their personal information and we are committed to protecting any personal information we hold.

Personal information is information or an opinion about an individual who is identified or reasonably identifiable from that information.

In accordance with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988(Cth) (Privacy Act), this Privacy Policy details how ORCA RV will manage and protect personal information, including information that ORCA RV collects and uses for the purpose of providing better customer service by striving to meet our customers’ needs and expectations about our Campers, Hybrid Caravans and our other products and, where applicable, assessing the suitability of job applicants.

This Privacy Policy generally does not apply in relation to current or former ORCA RV employees except where ORCA RV collects or uses employees’ personal information in a manner not directly related to their employment (in which case the Privacy Act does apply).

ORCA RV may amend this Privacy Policy at any time. The updated version will be available by following the “Privacy Policy” link on ORCA RV’s website homepage, at www.orcarv.com.au. ORCA RV may highlight changes to this Privacy Policy on its homepage, but you should check the Privacy Policy regularly for changes.

Collecting Personal Information

ORCA RV will be fair and open about the way we collect information about you and what we intend to do with the information. ORCA RV may collect and hold personal information about you such as your name, address, telephone number, driver’s license, date of birth, your vehicle’s vehicle identification number, registration date, registration number, change of address and telephone information, and any other information you may voluntarily provide to us.

If you are applying for a position at ORCA RV, ORCA RV may collect and hold other personal information about you such as your employment history, race and ethnicity (only if required or authorised by law), health information (only if required or authorised by law) and Government-issued identification (only if an offer of employment is extended to you).

ORCA RV collects most personal information directly from you, for example when you provide information through market surveys, product focus groups, the websites operated by ORCA RV, ORCA RV’s customer assistance service (Customer Care) via mail, email and telephone enquiries, and during the recruitment process. Third parties may also share information with us, including our Dealers (such as camper purchasing, servicing and warranty information), your referees (if you have listed them as part of the ORCA RV hiring process), and related companies. We may also collect your personal information if you enter a competition or promotion we run (either directly or through our marketing agents), or through a recruitment or employment agency.

Other than the personal information set out in this policy, ORCA RV does not collect any credit information about you. If we receive information about you from a third party, wherever practical we will make sure they undertake to comply with the Privacy Act.

Sensitive personal information is information concerning religion, racial, ethnic origin, political opinions or other beliefs, union affiliation or activities, health, sexuality, criminal administrative proceedings or sanctions. ORCA RV will not collect sensitive personal information except as set out in this section. By continuing to use the ORCA RV website and/or in applying for a position with ORCA RV, you agree that ORCA RV may collect any sensitive information which is listed in this section.

Using Personal Information

ORCA RV only collects, holds and handles information about you that is necessary for us to perform the services you request from us, or to consider you for a position at ORCA RV for which you have applied, that is otherwise reasonably necessary for our business activities or if required or authorised by an Australian law or court or tribunal order.

We may use the personal information we collect about you for a number of purposes including:

  • to tell you about other products and services that may be of interest to you;
  • to learn more about your level of satisfaction, your expectations of us and how we can meet them (for example, in relation to ORCA RV’s products and services);
  • to ensure that any warranty claim is properly administered;
  • to run a competition or promotion you have entered;
  • to consider you for a position at ORCA RV;
  • to acquire goods or services from you or from your employer;
  • to ensure that you are contacted as soon as possible in the event of a safety-related product recall;
  • to improve safety and to better understand what happens to ORCA RV products in the event of an accident;
  • for other purposes to which you have consented; and
  • as required or authorised by relevant laws and regulations.

Generally, we may use your personal information for the purposes for which we collected it and for related purposes which would be reasonably expected by you.

If you do not provide your personal information, ORCA RV may be unable to perform the above functions and/or provide you with the services or support you request.

Disclosing Personal Information

ORCA RV may need to disclose personal information outside of the jurisdiction from which it was collected. When we disclose your personal information overseas, ORCA RV is generally required to take reasonable measures to ensure that your information is held, managed and accessed in accordance with the standards that apply in Australia. In relation to health or other sensitive information about an individual, we will generally only disclose the information outside of the state or territory where we collected it if we reasonably believe that the recipient of the information is subject to a law, binding scheme or contract which upholds principles for fair handling of the information that is substantially similar to the principles that apply in the state or territory of collection.

We may disclose personal information we collect about you for different purposes including:

  • to assist our related companies and other service providers (such as information technology service providers, payroll service providers, recruitment service providers, third parties that provide services in relation to ORCA RV’s internal feedback and reporting programs i.e. new staff, mailing houses) so that they can provide the services that we have contracted out to them;
  • for the purposes of storing or processing the information to improve your experience with ORCA RV;
  • to undertake the ORCA RV hiring process, consider you for a position at ORCA RV and its affiliates, subsidiaries and related entities (including completing criminal checks where necessary) and, if an offer of employment is extended to you, to “onboard” you as an employee at ORCA RV;
  • to your nominated referees so that we may check your references if you are applying for a position with ORCA RV;
  • to recruitment agencies or other third parties assisting us with recruitment, selection and onboarding; and;
  • as required or authorised by relevant laws and regulations.

ORCA RV may disclose personal information to such entities located in the following countries/regions:

  • Ocenia;
  • Asia.

We will not sell, rent or trade your information to/with any other organisation.

Consent

We may require your consent to use and/or disclose your personal information if we need to use your information for a purpose that is not related to the purpose for which it was collected.

If you do not consent to ORCA RV collecting, using and/or disclosing your personal information, this may affect ORCA RV’s ability to deliver and improve its products and services, or, where applicable, consider you for a position at ORCA RV for which you have applied.

Marketing And Privacy

ORCA RV sends marketing materials to its customers and other people who have provided ORCA RV with personal information from time to time about products and services offered by ORCA RV and its affiliates.

If you do not wish to receive marketing materials from ORCA RV, you may unsubscribe either by completing the opt-out provision on the marketing information sent to you, contacting ORCA RV at admin@orcarv.com.au. ORCA RV will note your request and respect your wish not to receive any marketing materials.

If you choose not to receive any marketing materials from ORCA RV, you may miss out on special product and service offerings and opportunities.

Cookies

We use cookies and track IP addresses via our websites so we can improve our services provided by our websites and enhance your user experience.

Cookies are pieces of information a website can send to your computer’s browser for record-keeping purposes. We use cookies to ascertain which web pages are visited and how often, to make our websites more user-friendly, to give you a better experience when you return to a website and to target advertising to you that we think you may be interested in. For example, cookies allow us to save your password so you do not have to re-enter it every time you visit our site. Most web browsers automatically accept cookies. Cookies can be disabled or purged from your browser if you so choose. You can find information specific to your browser under the “help” menu. We can’t guarantee the proper functioning of our websites if you choose to disable cookies.

Protecting personal information

ORCA RV will keep your personal information secure by taking reasonable steps to protect it from misuse, loss and unauthorised access, modification and disclosure.

ORCA RV stores personal information in transmission logs and archive systems for a period ORCA RV considers reasonable depending on the primary purpose for which that information was collected. Only properly authorised people who have a need to access personal information to perform their job will be able to see or use that information. The physical and electronic security systems at ORCA RV comply with the guidelines of the Office of the Australian Information Commissioner (OAIC).

Personal information will be de-identified or destroyed when it is no longer required such that it cannot be re-identified at a later date. The de-identification and destruction process will be in accordance with the guidelines of the OAIC.

ORCA RV will ensure that its employees receive training (and refresher training) about the management of personal information relevant to their respective roles and responsibilities.

ORCA RV will take reasonable steps to keep any personal information we hold about you secure. However, except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information. Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory rights under any applicable law including the Privacy Act or the Competition and Consumer Act 2010(Cth). Please notify us immediately if you become aware of any breach of security.

Accessing and requesting Correction of Personal Information

We will strive to ensure that information about you is accurate when we collect or use it. Subject to some exceptions under the privacy legislation, we will let you see the information we hold about you and correct it if it is inaccurate, incomplete or out-of-date. If we do not grant you access to your personal information we will tell you why.

If you wish to obtain access to and/or correct your personal information held by ORCA RV, please contact ORCA RV at admin@orcarv.com.au.

ORCA RV will provide written acknowledgement of receiving your request for access within 7 days of receipt. Unless it does not agree to your request for access to personal information, in most cases ORCA RV will provide you with access within 30 days of receipt of your request. If you request corrections to your personal information and ORCA RV agrees with your request, these changes will be made as soon as practicable. If ORCA RV does not agree to your request for correction, it will notify you of the reasons it does not agree and will note your request on the records it holds about you. If you remain dissatisfied you may also complain to the OAIC (at www.oaic.gov.au).

Resolving your Concerns

If you have a complaint regarding ORCA RV’s management of your personal information, please prepare your complaint in writing and email it to us at admin@orcarv.com.au.

ORCA RV will provide written acknowledgement of your complaint within 7 days of receipt. We will investigate and advise you of the steps we have taken to resolve your complaint within 30 days of receipt of your complaint.

Privacy and orca rv employees

Due to the “employee records exemption” in the Privacy Act, ORCA RV is generally not required to comply with the Privacy Act in relation to personal information held in its employment records concerning current or former ORCA RV employees. Therefore, this Privacy Policy generally does not apply in relation to current or former ORCA RV employees.

However, ORCA RV recognises that employee records should nevertheless be handled carefully, and ORCA RV will comply with any obligations that may apply to employee personal information under other applicable laws.

ORCA RV may disclose personal information held in its employment records for different purposes including: to our related companies and to service providers (such as information technology service providers, payroll service providers, recruitment service providers, third parties that provide services in relation to ORCA RV’s internal feedback and reporting programs i.e. new staff) so that they can provide the services that ORCA RV has contracted to them to perform.

ORCA RV employees may seek to access, update or correct the personal information which ORCA RV holds about them by contacting their Human Resources Manager. Such requests will be assessed on a case by case basis. The employee records exemption does not apply (and the Privacy Act and this Privacy Policy does apply) to:

  • personal information collected about current and former employees which is not directly related to their employment;
  • personal information collected about current and former employees which is used for purposes not directly related to their employment;
  • independent contractors;
  • secondees into ORCA RV who remain employees of the seconding client or firm;
  • voluntary work experience students; or job applicants.
Further Questions

If you have any questions about this Privacy Policy or the privacy practices you can contact us at admin@orcarv.com.au.

Date of this Privacy Policy: March 2021