Privacy Policy

Sean McKellar

TopGearbox recognises the importance of protecting the privacy and the rights of individuals in relation to their personal information. This Privacy Policy governs the manner in which TopGearbox collects, uses, maintains and discloses personal information, whether collected from users of the website (“Site“), from customers who purchase products via the Site or any other individual with whom we deal. We require our agents to comply with this Privacy Policy in their sale of products and services offered by TopGearbox.

What is personal information?

When used in this Privacy Policy, the term “personal information” has the meaning given to it in the Privacy Act 1988 (Cth) (“the Act”). In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

What personal information does TopGearbox collect?

We may collect other information about you whenever you interact with our Site including the browser name, the type of computer and technical information about your means of connection to our Site (such as the operating system and the Internet service providers utilized and other similar information).

How do we collect personal information?

We may collect personal information from you in a variety of ways, including in connection with activities, services, features or resources we make available on our Site. You may visit our Site anonymously, but you may be required to identify yourself in certain circumstances (such as if you order a product or service via our Site). We may also collect information directly from you when you visit our stores, including when you complete orders or other forms, and during conversations between you and our representatives.

When you are applying for a job with us, we may collect personal information about you from a referee that you nominate to provide a reference.

How we use collected information

We use and disclose your personal information for the purposes we collected it and for related
purposes (where you would reasonably expect us to). We may collect and use your personal
information for the following general purposes:

  • to operate and improve our Site, including to provide you with access to protected areas of our Site and to assess the performance of our Site. We continually strive to improve our website offerings based on the information and feedback we receive from you;
  • to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority.
  • If we need to use or disclose your personal information for a purpose that is not set out in this Privacy Policy, or that is otherwise unrelated to the purpose for which we collected your personal information, we will obtain your consent first. We may ask for your express consent or your consent may be implied by an action you take (or don’t take).

Direct Marketing materials

We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications. We will then ensure that your name is removed from our mailing list within a reasonable time.

We do not provide your personal information to other organisations for the purposes of direct marketing.

Web browser cookies

Our Site may use “cookies” to enhance your use and experience of our Site. A “cookie” is a small summary file containing a unique ID number. Your web browser places cookies on your hard drive for record-keeping purposes and sometimes to track information. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you do so, note that some parts of the Site may not function properly.

Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information from the websites you visit and elsewhere on the internet and use that information to provide measurement services and target ads. Users may opt-out of the collection and use of this information by visiting

Using other websites

You should note that our website may contain links or references to other websites to which this Privacy Policy may not apply. You should review the privacy policy of each of those websites and assess whether those policies are acceptable to you before using those websites.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site and our customer relationship software. We do this through a number of ways including:

  • restricted access to personal information;
  • using industry standard firewalls and security practices to protect personal information;
  • using technology products to prevent unauthorised computer access to our network and
    databases; and
  • internal policies in relation to the use of our computers and management of personal

However, as our Site is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you provide will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

Notifiable data breaches scheme

In the event of any loss or unauthorised access or disclosure of your personal information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with the Privacy Act.

How can you access and correct personal information?

You may request access to any personal information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will add a note to the personal information stating that you disagree with it.

What is the process for complaining about a breach of privacy?

If you believe that your privacy has been breached, you should contact us using the contact information below and provide details of the incident so that we can investigate it. We will treat your complaint confidentially, investigate the complaint and aim to ensure that your complaint is resolved within a reasonable time (and in any event within the time required by the Act, if applicable).

If you are not satisfied with our response or how we handled your complaint, you may complain to the Office of the Australian Information Commissioner (in writing) at:

Office of the Australian Information Commissioner (OAIC)
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992

Your acceptance of these terms

By using this Site and providing your personal information to us or our agents, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.