PRIVACY POLICY

1.1 All emails, documents, images or other recorded information held or used by KHE is
Personal Information, as defined and referred to in clause 19.3, and therefore
considered Confidential Information. KHE acknowledges its obligation in relation to
the handling, use, disclosure and processing of Personal Information pursuant to the
Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy
Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory
requirements, where relevant in a European Economic Area (“EEA”), under the EU
Data Privacy Laws (including the General Data Protection Regulation “GDPR”)
(collectively, “EU Data Privacy Laws”). KHE acknowledges that in the event it
becomes aware of any data breaches and/or disclosure of the Customers Personal
Information, held by KHE that may result in serious harm to the Customer, KHE will
notify the Customer in accordance with the Act and/or the GDPR. Any release of
such Personal Information must be in accordance with the Act and the GDPR (where
relevant) and must be approved by the Customer by written consent, unless subject
to an operation of law.

1.2 Notwithstanding clause 19.1, privacy limitations will extend to KHE in respect of
Cookies where transactions for purchases/orders transpire directly from KHE’s
website. KHE agrees to display reference to such Cookies and/or similar tracking
technologies, such as pixels and web beacons (if applicable), such technology
allows the collection of Personal Information such as the Customer’s:

(a)   IP address, browser, email client type and other similar details;

(b)   tracking website usage and traffic; and

(c)   reports are available to KHE when KHE sends an email to the Customer, so KHE
may collect and review that information (“collectively Personal Information”)

In order to enable / disable the collection of Personal Information by way of
Cookies, the Customer shall have the right to enable / disable the Cookies first by
selecting the option to enable / disable, provided on the website prior to
proceeding with a urchase/order via KHE’s website.   

1.3  The Customer agrees for KHE to obtain from a credit reporting body (CRB) a credit
report containing personal credit information (e.g. name, address, D.O.B,
occupation, driver’s license details, electronic contact (email, Facebook or Twitter
details), medical insurance details or next of kin and other contact information
(where applicable), previous credit applications, credit history) about the Customer
in relation to credit provided by KHE.

1.4 The Customer agrees that KHE may exchange information about the Customer with
those credit providers and with related body corporates for the following purposes:

(a)   to assess an application by the Customer; and/or

(b)   to notify other credit providers of a default by the Customer; and/or

(c)   to exchange information with other credit providers as to the status of this credit
account, where the Customer is in default with other credit providers; and/or

(d)  to assess the creditworthiness of the Customer including the Customer’s
repayment history in the preceding two (2) years.

1.5 The Customer consents to KHE being given a consumer credit report to collect
overdue payment on commercial credit.

1.6  The Customer agrees that personal credit information provided may be used and
retained by KHE for the following purposes (and for other agreed purposes or
required by):

(a)   the provision of Goods; and/or

(b)   analysing, verifying and/or checking the Customer’s credit, payment and/or
status in relation to the provision of Goods; and/or

(c)   processing of any payment instructions, direct debit facilities and/or credit
facilities requested by the Customer; and/or

(d)   enabling the collection of amounts outstanding in relation to the Goods.

1.7 KHE may give information about the Customer to a CRB for the following purposes:

(a)   to obtain a consumer credit report;

(b)   allow the CRB to create or maintain a credit information file about the Customer
including credit history.

1.8 The information given to the CRB may include:

(a)   Personal Information as outlined in 19.3 above;

(b)   name of the credit provider and that KHE is a current credit provider to the
Customer;

(c)   whether the credit provider is a licensee;

(d) type of consumer credit;

(e)   details concerning the Customer’s application for credit or commercial credit
(e.g. date of commencement/termination of the credit account and the amount
requested);

(f) Advice of consumer credit defaults, overdue accounts, loan repayments or
outstanding monies which are overdue by more than sixty (60) days and for
which written notice for request of payment has been made and debt recovery
action commenced or alternatively that the Customer no longer has any overdue
accounts and KHE has been paid or otherwise discharged and all details
surrounding that discharge (e.g. dates of payments);

(g) information that, in the opinion of KHE, the Customer has committed a serious
credit infringement;

(h)  advice that the amount of the Customer’s overdue payment is equal to or more
than one hundred and fifty dollars ($150).

1.9 The Customer shall have the right to request (by e-mail) from KHE:

(a)   a copy of the Personal Information about the Customer retained by KHE and the
right to request that KHE correct any incorrect Personal Information; and

(b)   that KHE does not disclose any Personal Information about the Customer for the
purpose of direct marketing.

1.10 KHE will destroy Personal Information upon the Customer’s request (by e-mail) or if
it is no longer required unless it is required in order to fulfil the obligations of this
Contract or is required to be maintained and/or stored in accordance with the law.

1.11 The Customer can make a privacy complaint by contacting KHE via e-mail. KHE will
respond to that complaint within seven (7) days of receipt and will take all
reasonable steps to make a decision as to the complaint within thirty (30) days of
receipt of the complaint. In the event that the Customer is not satisfied with the
resolution provided, the Customer can make a complaint to the Information
Commissioner at www.oaic.gov.au.