HITACHI PRIVACY POLICY AUSTRALIA

1. Introduction

Your privacy is important to Hitachi Data Systems Australia Pty Ltd ('Hitachi', ‘we’, ‘us’). Hitachi collects, uses, discloses and holds personal information that you provide to Hitachi during the course of your dealings with Hitachi in accordance with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). ‘Personal Information’ is any information about you that identifies you, or by which your identity can reasonably be ascertained and includes any credit related information provided to us.

Hitachi also complies with the credit reporting provisions contained in Part IIIA of the Privacy Act and the Credit Reporting Privacy Code, insofar as they apply to Hitachi, in connection with the provision of commercial credit and the management of credit related information.

2. Use and Disclosure of Personal Information

Hitachi collects personal information from its customers and suppliers, as is reasonably necessary for purposes relating to its business functions and activities, as well as the products and services it offers.

Hitachi may use and/or disclose personal information that it collects for the primary purpose for which it was collected. Such primary purposes include:

  • Hitachi’s general business functions and activities;
  • to deliver goods and services;
  • to identify individuals with warranties;
  • to assess applications for commercial credit and potential guarantors;
  • to administer and enforce commercial credit and guarantee agreements;
  • meeting our legal and regulatory requirements including consent for registration on the PPSR (Personal Properties Securitas Register);
  • to address and respond to concerns or other correspondence from customers;
  • for marketing and promotional purposes (such as providing individuals with information about our products and promotional notices and offers); and
  • improving our website.

In all cases where we disclose personal information to other entities including related companies for our primary purposes, those entities are also required to comply with protection of your personal information in accordance with the Australian Privacy Principles, and keep such information confidential and restrict their use of it to the permitted purposes. When any personal information is required to be provided by law, this information will be released to the relevant authorities upon proper application.

Hitachi does not disclose your personal information for any secondary purposes, unless your consent has been given or as required by law, and will not sell or license any personal information that we collect from you.

3. Collection of Personal Information

Hitachi will collect personal information in a fair and lawful manner, and not in an unreasonably intrusive way.Whenever possible, we collect your personal information from you or someone authorised by law to act on your behalf. This may take place in a number of ways, such as when you give us place an order to provide a product or service; when opening a trading account with the company or in other correspondence with the company.

However, we may also collect personal information about you from someone else. For example, if you apply for, commercial credit we may, with your consent, obtain a credit report about you from a credit body for the purposes of assessing your application or obtain trade references. In addition, we may obtain personal information from third parties such as our dealers and distributors, contractors and regulatory authorities. Our websites may also offer interactive facilities, such as customer enquiry or comment forms and competition entry forms, where personal information may be collected.

At or before the time Hitachi collects your personal information, or if that is not practicable, as soon as practicable afterwards, Hitachi will give you notice of the purposes for which the information is collected; to whom, or the types of individuals or organisations to which, Hitachi might usually disclose information of the kind collected; any law that requires the particular information to be collected, and the main consequences if all or part of the information is not provided.

4. Nature of Information collected

The personal information Hitachi may collect about you is dependent upon your relationship with Hitachi. The following are some examples of the types of personal information that Hitachi may collect:

(a) Commercial customers and dealers

  • personal details - names, addresses, date of birth, email address, telephone numbers;
  • financial details- bank account details ; and
  • trade reference and credit checks relating to credit history, credit capacity and eligibility for credit

(b) Suppliers

  • personal details - including names, addresses, telephone numbers
  • financial details - including bank account details

(c) Others

  • Other information that we consider reasonably necessary for the performance of our business functions and activities.

5. Sensitive Information

It is unlikely that Hitachi will collect any sensitive information about an individual. If however, any sensitive information is required, we will first seek your express consent, and such information will be collected and used in accordance with the law.

6. Unsolicited Information

If Hitachi receives personal information that is not solicited and Hitachi determines that it could not have collected that information, then Hitachi will, as soon as is practicable, destroy the information or ensure that the information is de-identified. This will only be done if it is lawful and reasonable to do so, and does not relate to information contained in a Commonwealth record.

7. Government Identifiers

Hitachi does not collect or use government identifiers (e.g. Medicare number) to identify individuals.

8. Anonymity when dealing with Hitachi

Only where it is practicable, Hitachi may allow individuals the option not to identify themselves when dealing with us.

9. Direct Marketing

A primary purpose for which Hitachi collects personal information may be marketing. From time to time, we may use personal information to inform our customers about our products and services including special offers and promotions that we think may be of interest to you. We will give you the opportunity to express a wish not to receive direct marketing communications. You can also let us know at any time if you no longer wish to receive marketing material and we will remove your details from our direct marketing database.

Hitachi will not disclose your personal information to a third party for that third party to send you its marketing material unless Hitachi has obtained your consent.

If the law requires us to provide our customers with information about our products or services, we will provide that information even if an individual has elected not to receive information about our products and services generally.

10. Cross-border Data Transfer

Information that Hitachi collects may be stored and processed in and transferred between any of the countries in which Hitachi operates to enable the use of the information in accordance with this privacy policy. For example, your personal information may be processed by employees or by other third parties operating outside of Australia in countries including who work for Hitachi, or by the representative and employees of Hitachi‘s parent company in Japan.

You agree to such cross-border transfers of personal information.

Before your personal information is disclosed to an overseas recipient, we will take reasonable steps, in the circumstances, to ensure that the overseas recipient does not breach privacy laws in relation to your personal information (‘the reasonable steps’).

However, the reasonable steps may not apply if we reasonably believe that:

  • the recipient of the information is subject to laws that has the effect of protecting information in a similar way to the Australian privacy Principles; and
  • there are mechanisms that an individual can access to enforce the privacy of their information.

11. Security of Personal Information

Security of personal information is important to us and we take reasonable steps to protect personal information from misuse, loss, unauthorised access, modification or disclosure.

Some of the ways we protect personal information include:

  • external and internal premises security;
  • restricting access to personal information only to staff who need it to perform their day to day functions;
  • maintaining technology products to prevent unauthorised computer access or damage to electronically stored information, such as requiring identifiers and passwords, firewalls and anti-virus software; and
  • maintaining physical security over paper records.

If you send us an email containing personal information, we will take reasonable steps to ensure the confidentiality of that information. The content of emails is sometimes monitored by our Internet Host for maintenance and fault detection purposes. We may also monitor email for legal compliance purposes. E-mails may also be sent to our dealers or contractors when they relate to product or service enquiries or complaints. They also required to treat the information confidentially.

Personal information in Hitachi's possession may be retained in archival storage. Generally Hitachi will destroy personal information after a period of seven (7) years following its collection or unless it is required to be kept for a longer period because of the purpose(s) for which it was originally collected, or as required by law.

Hitachi will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes for which Hitachi is authorised to use it.

12. Website

Hitachi may collect information about individuals’ visits to Hitachi-owned websites using automatic collection tools, such as “cookies”. We do this in order to monitor traffic patterns and serve individuals more efficiently if they revisit the sites. Such tools do not identify individuals personally, but they can provide information such as the individuals’ browser type and language, access times, Internet Protocol addresses and behaviour (e.g. pages visited, links clicked).

Hitachi’s web site may contain links to other web sites and those third party web sites may collect personal information about you. We are not responsible for the privacy practices of other businesses or the content of web sites that are linked to our web site. Hitachi encourages users to be aware when they leave the site and to read the privacy statements of each and every web site that collects personally identifiable information.

13. Access to personal information

You may request access to the personal information we hold about you. If you want access to your personal information held by Hitachi, please put your request in writing and clearly identify the personal information you seek access to. A fee may be charged for providing access, although no fee is payable upon application. All requests for access must be addressed to Hitachi Data Systems Legal Department (see contact details below).

Access to personal information may be refused in a number of circumstances, such as where the document contains confidential information provided by people or organisations other than you or the request for access is frivolous or vexatious. If we deny or restrict your access, we will explain why and you will have the right to request a review of our decision through our complaints handling procedures.

14. Accuracy of your personal information

Hitachi will take reasonable steps to ensure that information that is collected on its customers; or used or disclosed having regard to the purpose of its use or disclosure; is accurate, complete and up-to-date. If an individual finds that information we hold about them is incorrect, they should contact us immediately and we will take reasonable steps to correct it. If you seek correction and Hitachi disagrees that the information is incorrect, we will provide you with its reasons for taking that view.

15. Policy Updates

Hitachi reserves its right to amend this Privacy Policy from time to time. Any amendments become effective when published on our website. You should review the Privacy Policy regularly for any such amendments. Copies of the policy can be obtained by contacting the HDS Legal Department, see details below.

16. Application of Global Policy

As Hitachi forms part of the Hitachi Data Systems group of companies, it is also subject to the global data privacy policy of Hitachi Data Systems Corporation, located at https://www.hds.com/en-anz/about-hds/legal.html. That global policy will also apply to Hitachi’s use of information covered by this policy, however if there is a conflict between the two policies on any particular matter, the terms of this policy will prevail, to the extent of the conflict.

17. Contact

If you have any queries, complaints or would like more information on how Hitachi handles your personal information you can write to the contact below and we will endeavour to respond to all communications within 30 days.

Legal Counsel – Australia & NZ

Hitachi Data Systems Australia Pty Limited
Level 3, 82 Waterloo Road, North Ryde, NSW, 2133, Australia
or by sending an email to: anz.legal@hds.com