Rainbow Power Company Policies

Last updated on 7^th June 2022

Our Privacy Vision

At Rainbow Power Company (RPC), we are committed to treating the personal information we collect from you in a safe and transparent way. We respect your privacy and work in accordance with the Australian Privacy Principles contained in the Privacy Act 1988. This Privacy Statement explains what types of personal information we may need to collect from you and why. It outlines how we collect, use, store and share this personal information and offers you guidance about how you can access and correct it. This is a summary only, highlighting the key points from our full Privacy Policy.

The types of personal information we collect and hold

The types of personal information we collect from you depends on the nature of our engagement with you and is only done in accordance with our primary purpose, which is to provide and manufacture our solar power products and services. These could include:

• General identification information such as name, job title, occupation, date of birth, gender, username and password.
• Contact details such as mailing or street address, email and IP address, phone number.
• Financial information such as bank details, payment transactions, credit card details, superannuation details, Tax File Number (TFN), Australian Business Number (ABN), billing information.
• Lifestyle information such as electricity consumption, electricity supplier, and electrical appliance usage in the home.
• Details of the technology, products, warranty details and services that you have enquired about, or that we have provided to you, including any additional information necessary for us to deliver or service these, and respond to your enquires.
• If you are applying for a job with us, information such as education qualifications, employment history, resume details, salary and referee reports, visa or work permit status, immigration information, drivers' licence.

How we collect your personal information

Generally, we will collect personal information directly from you either via our website, email, phone, or in person at our store. We will not collect personal information from you unless we believe it is necessary for us to provide our products and services to you, or is related to this purpose.

From time to time you might need to provide us with personal information about other individuals, such as your spouse, dependents, other family members, or a third party. When you provide this personal information on their behalf, you warrant that you are authorised to do so, and it is your responsibility to have informed those individuals and made them aware of this statement and our Privacy Policy.

Where possible, we will allow you to interact with us anonymously or using a pseudonym. However, for most of our functions and activities we usually need personal information from you, so that we can provide specific products or services to you which meet your needs and satisfy your enquires.

It may be necessary in some circumstances for us to collect sensitive information (health, race or ethnicity, disability, political/ religious/ philosophical beliefs, criminal record), about you in order to provide specific services to you. When we do this, we will only do so with your consent, in accordance with applicable laws or in a de-identified manner.

If we receive personal information about you that we did not ask for, from someone other than you, and we decide that we are not permitted to collect it, we will take reasonable steps to destroy or de-identify the information as soon as practicable.

When you visit our website, we use a range of tools provided by third parties such as Google, to collect or view website traffic information, as well as cookies which helps in compiling data about your interaction with us so that we can offer user-friendly services and optimise your online experience for the future. You may choose to tailor your experience with these online technologies via the browser settings on your device, and in relation to Google Analytics you may choose to opt out of the collection of this information with this Browser Add-on.

Notification of collection of personal information

At the time (or as soon as practicable afterwards), where we collect personal information from you, we will take reasonable steps to ensure that you are made aware of:

• Who we are and why we are collecting the information.
• Any person or organisation to which we usually share this information.
• Any laws requiring the collection of the information and the main consequences for you if this personal information is not collected.

The above information is included in this Privacy Statement and will be made available on our websites and attached or referenced in application forms, emails and other modes of collection.

Storage and security of personal information

We hold personal information in both hard copy and electronic formats, which include email, electronic databases, electronic record management systems and cloud-based software. In some cases, we engage third party suppliers to host electronic data in relation to the products and services we provide, on our behalf. We place a great importance on the security of all personal information we hold about you and will use all reasonable endeavours to keep it in a secure environment, by employing appropriate technical, administrative and physical procedures. These measures are designed to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. However, if a data breach occurs we will promptly investigate the incident and take all required steps to identify, contain and report the incident to affected parties in accordance with Privacy Law requirements.

Whilst we take all reasonable steps to ensure the security of our systems, no data transmission over the internet can be guaranteed to be 100% secure. As a result, we cannot ensure or warrant the security of any personal information transmitted by you to us over the internet, and therefore do so at your own risk.

Our Purpose for collecting, holding, using and sharing personal information

The primary reason why we collect, use or share your personal information is to enable the delivery, development and improvement of our products and services and to keep you informed about them. These will differ depending on our individual engagement with you, and may include but are not limited to the following business operations:

• To provide our products, technology and services to you;
• Dealing with requests, enquiries, warranty claims and other customer care related activities or communications;
• For recruitment functions relating to job applications and to engage with contractors and sub-contractors;
• To make payments to you for goods or services that you provide to us, including paying you remuneration and other benefits and entitlements;
• For research, development, business systems and infrastructure testing to assist us in providing and improving our products and services;
• Our management and resolution of any complaint, inquiry or investigation in which you are involved;
• Any insurance claim or proposal that requires disclosure of your personal or sensitive information;
• Marketing our services to you;
• For any other purpose which we disclose to you at the time of collection and you have consented to this use or disclosure;
• To comply with our legal obligations, enforce our agreements with third parties, or as may be required in accordance with an Australian Law or court/ tribunal order.

Sharing personal information

We may share your personal information held by us for the primary purpose for which it was collected (as stated above), or for a related secondary purpose where it would be reasonable expected by you that we would use the information in such a way. We may otherwise share your personal information if you have given us consent in accordance with our Privacy Policy, or it is required or authorised by law.

We may share your personal information with third parties such as:

• Organisation that provide services to us in connection with our business, including customer support, payment processing, banking, debt collection, administration, archival, data storage, hosting, research, mail and delivery, distribution, installation, logistics, auditing, consulting, security and technical services in relation the operation of our websites;
• Product manufacturers, distributors of goods, suppliers, couriers and installers;
• Professional advisers, dealers, agents and business partners.

Some of our service and product providers are located outside of Australia and in some circumstances, it is necessary for us to share your personal information with them when performing our usual business such as, monitoring the products and technology we install to provide ongoing support to our customers. The overseas countries that we have connections with, where this may happen are United States of America, Germany, Austria, The Netherlands, China, and Norway. When this happens, we take reasonable steps to ensure that they deal with your personal information in a way that is consistent with our Australian Privacy Laws, or they are subject to laws that are similar to ours.

Website Links, Social Media and Marketing

Our website may contain links to other websites outside of our business and we cannot ensure that your privacy will be protected here. Hence, we take no responsibility for the privacy practices of those linked websites or the contents contained in them. We encourage you to review the privacy policies of any third party websites you may visit.

We use social networking services such as Facebook, Instagram and YouTube to communicate to the public about our services and products. Any personal information that you provide via such social media platforms or applications, may be collected and used by them, separate to us and are subject to the relevant companies individual privacy policies. We do not have any control or responsibility for those companies or their use of your personal information.

We may use the personal information that we have collected from you to promote and market our products and services, including through methods such as email, telephone, SMS, mail or through your account with us. Please note that when you create an account with us and provide your personal information, you consent to this information being included in our database to be used for direct marketing purposes as described above.

You can opt-out of receiving any of our marketing communications at any time through the unsubscribe function that will be made available to you with each direct marketing communication. Alternatively, you may opt-out of receiving marketing communications by submitting a privacy enquiry through our "How to contact us" section below. If you have chosen to unsubscribe from our marketing database, we will no longer use your personal information for marketing purposes.

Access and Correction of personal information

You have the right to request access to the personal information that we hold about you, and ask that we correct it if you believe any of your details are inaccurate or have changed. If you wish to access, verify or correct any of the personal information you have submitted to us, you may do so as set out under the heading "How to contact us" below. When you do this, we will endeavour to respond to your request within a reasonable time frame and where it is reasonably practical to do so, give access to the information in the manner you request. We may need to verify your identity when you request your personal information. Sometimes, we may not be able to provide you with access to all of your personal information because of certain exceptions or requirements under the relevant privacy or data protection laws. Where this is the case, we will contact you in writing to inform you why this has happened and how you can make a complaint about the decision if you believe it is necessary.

How to make a complaint

We understand that privacy is important, and we are committed to safeguarding your personal information by ensuring it is only used in accordance with our Privacy Policy. If you have any questions or you would like to raise a concern or complaint about how we have handled your personal information, please contact us using the details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint.

Once we receive your complaint, whether it be in writing or verbal, we will acknowledge, investigate, and respond within a reasonable period of time. We may need to contact you during this process to seek further clarification if necessary and to inform you of the outcome of the investigation. If there has been a suspected breach of our Privacy Policy, we will discuss your concerns and provide options regarding how they can be resolved.

It is our hope that we will be able to resolve any complaints in a confidential and timely manner without needing to involve third parties, however, if you are not satisfied with the outcome of your complaint, you can refer it to the Office of the Australian Information Commissioner (OAIC) at:

Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
Website: https://www.oaic.gov.au

How to contact us

If you have any questions in relation to this Privacy Statement, or our Privacy Policy, or our management of your personal information, or if you would like to obtain further information or provide any comments, you can contact us here:

By phone: +61 2 6689 1430 (Monday - Friday, 9.00am - 5.00pm AEST)

By email: privacy@rpc.com.au

By post: Privacy Contact Officer
Rainbow Power Company
PO Box 20240
Nimbin NSW 2480
Australia

Our website: www.rpc.com.au/contact-us

1. Introduction

You have entered the site of Rainbow Power Company Limited (hereafter called The Company) Online Shop dedicated to bringing our whole product range for renewable energy related goods and services to your computer screen.

Before you register to use or access our web site's great facilities you are required to read, agree and accept all the Terms and Conditions contained in these user guidelines and our Privacy Policy.

We encourage you to check these guidelines each time you access or use the Online Shop to ensure you are aware of the latest amendments to our Policies. All amended terms will be effective 30 days after their initial posting. Amendments are made at the sole discretion of The Company.

Should you wish to have an amendment made please put your request in writing to the Board of Directors for consideration.

If you do not agree to these changes please terminate your membership.

The User Guidelines regulate all of our trading in goods and services through the The Company web site.

2. Explanation of terms

Site - the current site of https://www.rpc.com.au is the internet web site through which our Online Shop operates.

Online Shop - the goods and services offered by The Company to allow a person to buy those goods services electronically.

User Guidelines - refers to the Terms and Conditions located below and those incorporated by reference.

The Company - refers to Rainbow Power Company Limited

3. Purchases

If you have completed your transaction, you are bound by the sale conditions. Purchases cannot be withdrawn unless in our opinion, and within our sole discretion, you have made a clear error, and you have promptly advised us of the problem.

4. Use of the Service

Your right to use the Service is personal to you.

You agree not to do any of the following:
a) Upload, transmit, distribute, copy or modify or in any way exploit, any material obtained through our Online Shop, including and not limited to our web pages for any inappropriate commercial purpose whatsoever.
b) Send unsolicited offers to purchase goods.
c) Use the Service for broad-based mailing or spamming.
d) Allow others to falsely identify your account as the origin of such communication.
e) Transmit any unlawful, libellous, threatening material of any kind through the site.
f) Take any action that would impose a large load on our site or adversely affect the performance of our site.

5. Additional Policies

You are solely responsible for the contents of your transmissions through the Online Shop and your use is subject to all applicable laws, regulations and industry standards.

The Company retains the right to determine whether or not your conduct is consistent with the letter and spirit of these Terms & Conditions and may, at its sole discretion, immediately terminate your use of the Online Shop if your conduct is found to be inconsistent with these Terms & Conditions.

6. Privacy Policy

We do not sell or rent your personal information to third parties for marketing purposes without your consent. We view protection of our Online Shop users' privacy as a highly significant ethical principle. We are aware that you and your information is one of our most important assets. Please read our Privacy Notice for more details.

7. Goods And Services Tax (GST)

GST means GST as defined in the New Tax System (Goods and Services Tax) Act 1999, Commonwealth, Australia and will be levied on all Australian based purchases conducted with our Online Shop. Your transaction statement in the My Account section of the Online Shop website contains the necessary information in the appropriate format to serve as a tax invoice.

8. Obligations And Acknowledgements

You acknowledge and agree that:
1. The Company cannot guarantee the preservation of any record and retains the right to delete information at its discretion and without notice, if necessary.
2. The Company may at its discretion refuse service to anyone at any time.
3. The Company is not responsible for any loss or damage to goods during transit.

9. Release and Indemnification

You hereby release and discharge all claims that you now have or may have against The Company, its shareholders, directors, agents and representatives connected with or arising out of and incidental to any transaction arising from goods and services provided.

You hereby agree to indemnify, defend and hold The Company, its related companies, shareholders, directors, agents and representatives harmless from and against any and all claims, loss, damage, tax including GST, liability and/or expense that may be incurred by The Company, its related companies, shareholders, directors, agents and representatives arising out of or in connection with the performance of its duties as described in Conditions of Use agreement (except as caused by its gross neglect or wilful misconduct) including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold The Company, its related companies, shareholders, directors, agents and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party arising out of your use of our Online Shop website, the breach of these Terms & Conditions by you, or other user of the Service using your login.

The provisions of this section and the preceding paragraph will survive any termination of this agreement.

10. Laws

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New South Wales. You and The Company agree to submit to the exclusive jurisdiction of the courts of New South Wales.

If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

The Company failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Company in writing.

You and The Company agree that any action arising out of or related to our Online Shop website must commence within one (1) year after the action arose; otherwise, such cause of action is permanently barred and you and The Company forever waive any such cause of action.

11. Registration

11.1 Registration is required to purchase goods through The Company's Online Shop. You need a valid email address to register.
11.2 Each registration is for a single user only. The Company does not permit you to share your username/password with any other person.
11.3 Responsibility for the security of any passwords issued rests with you. You can change your password in the user area once you logged in.

12. Additional Terms

Set out below are lists of various offences for which we may within our discretion remove your name from our register and disqualify you from using our Online Shop website either temporarily or permanently. This list is not intended to be an exhaustive list and may be varied from time to time at the discretion of The Company.

12.1 Registration information offences
- representing yourself as another Online Shop user or registering by using the identity of someone else.
- falsifying or omitting your name, address, telephone/fax number, email details (including the use of disconnected numbers).

12.2 Miscellaneous offences
- using any routine or activity to interfere or attempt to interfere with any of The Company operations.
- use of profanity or patently vulgar language of a threatening, racist, hateful, sexual, or obscene nature in a public or electronic arena.

13. Product Images

While we do endeavour to provide photographs of all our product items in the Online Shop, they are to be taken as a representation of the product for sale. The photograph may not be exactly the same as the current product.

14. Transactions

All transaction data will be communicated via HTTPS with 128-bit encryption and each message is digitally signed. A digital certificate is provided to the Customer's computer for this purpose.

15. Warranties

All products advertised in our online shop are new, come in their original packaging with full manufacturer's manuals and are subject to limited manufacturer's warranty and consumer guarantees as per the Australian Consumer Law.

Installation must be as per installation and operating manuals provided with the product, subject to manufacturer's warranty being null and void if otherwise.

We recommend that our customers check with their local authorities in regards to any specific regulations regarding licensing requirements for plumbing or electrical work.

For warranty claims or technical support please contact The Company, not the manufacturer.

1. Postage and Handling Responsibility

Rainbow Power Company Ltd's responsibilities

A) All orders have the option to have a postage and/or carrier cost treated as a "request for a quote" until the cost and method of carriage is confirmed with the customer.
B) All goods will be packed with appropriate care to the fragility of the order to sustain reasonable handling.
C) All goods will be despatched in accordance with the guidelines of the nominated carrier.

The Customer's responsibilities

A) The Customer is responsible for the order immediately after the goods are handed to the nominated carrier by Rainbow Power Company Ltd.
B) It is the Customer's responsibility to inspect the order on delivery, or arrange to have the order inspected if delivered to the Customer's Agent.
C) When required, the Customer or his/her Agent should sign for, and record in writing whether the order has or has not been inspected.
D) Should damage to the order be suspected by damage to the condition of the packaging on delivery, it is advisable to make a photographic record of the package as received, and the goods contained therein on inspection.
E) Unless the Customer specifically instructs Rainbow Power Company Ltd to the contrary, transit insurance will be arranged for all orders exceeding 5kg.
Please Note: Failure to make and keep detailed records may compromise a potential insurance or warranty claim.

2. Carriers

International :
Orders will be despatched via Air or Sea Freight, governed by the regulations and requirements of the port of destination, and customer preference. Express Post is also available as an International carrier.
Within Australia :
1. Pre-paid AustPost Satchel for orders to 5kg.
2. AustPost Parcel Service for orders of allowable dimensions from 5 to 20kg.
3. Express Post for domestic delivery is available upon request.
4. Excluding batteries, some solar panels, toilets and refrigerators, orders over 20kg will be forwarded as freight, via Star Track Express Pty Ltd.

Should there be a variation in cost to the Customer preferred option Rainbow Power Company Ltd will advise prior to despatch.

Unless the Customer specifically instructs Rainbow Power Company Ltd to the contrary, transit insurance will be arranged for all orders exceeding 5kg.

3. Warranties

Rainbow Power Company Ltd warranty runs three (3) months from the date of purchase.

The Customer is required to advise Rainbow Power Company Ltd of the intended claim, for authorisation by Rainbow Power Company Ltd of the return of the product.

All warranty claims must be accompanied by the Sales Invoice.

Rainbow Power Company Ltd does not accept liability for consequential loss.

Rainbow Power Company Ltd warranty is subject to satisfaction that the defect was caused by defective workmanship or materials, was not caused by or substantially contributed to, by any factors beyond our control, including (but not limited to) defective installation, lack of maintenance or repair, alterations or modifications to the product or excessive use.

4. Statutory Warranties

A statutory warranty, if applicable to the purchased goods, will be honoured by Rainbow Power Company in addition to the warranties set out herein. Should a conflict of warranties arise, the terms of the statutory warranty will be applied.

5. Return and Exchange

Although not obligated to do so, Rainbow Power Company Ltd will acknowledge that circumstances may have changed, preventing completion of a purchase.

If this is the case consideration may be given to a refund or exchange of goods.

For a refund or exchange of goods to proceed, Rainbow Power Company Ltd must be notified, and the goods be returned, within seven (7) days from the date of delivery.

Freight costs incurred are not refundable.

Goods must be returned to Rainbow Power Company Ltd at the Customer's risk and expense, unmarked in original condition, complete with Sales Invoice, packaging, accessories and all other documentation.

Note: Item 5 does not apply to books, batteries, generators, pumps, refrigerators, specific goods obtained, at the customer's request, from a supplier by Rainbow Power Company Ltd to meet the order, or any purchase exceeding $2,000.00.

6. Lost or Damaged Goods

All claims for lost goods must be lodged with Rainbow Power Company Ltd within fourteen (14) days from the date of consignment/despatch.

All claims for damaged goods must be lodged with Rainbow Power Company Ltd within one (1) day from the date of delivery.

7. Unavailable Products

7.1 In the event that Rainbow Power Company Ltd is unable to despatch the Customer's order within two (2) business days, Rainbow Power Company Ltd shall contact the Customer to inform of the delay and discuss options. Rainbow Power Company Ltd will refund any payments received for such orders if the Customer does not wish to proceed at that point.

7.2 Rainbow Power Company Ltd reserves the right, should a product be unavailable for whatever reason, not to be bound by the order. Payments received for such products will be refunded in full.

8. Delivery Timeframe

All orders are processed and shipped within two (2) business days. Delivery times vary depending on the Customer's location and the chosen delivery method.

In the event that Rainbow Power Company Ltd is unable to despatch an order within three business days Item 7 applies.

Rainbow Power Company Ltd does not accept responsibility for delays after an order has been despatched.