1. YOUR PRIVACY
Kilcoy Pastoral Company Limited ACN 009 671 112 (We, Us) is committed to protecting your privacy. In accordance with the Privacy Act 1988 (Cth) (the Act), this policy outlines how we manage your personal information.
A reference to ‘Website’ in this policy means www.kpc.com.au and the network of websites owned by us, whether accessed by the internet, WAP or any other means and the text, registration facilities, hyperlinks and the underlying HTML or XML.
2. WHAT IS PERSONAL INFORMATION?
Under the Act, personal information is defined to mean information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
Personal information can include sensitive information. Sensitive information is defined as information or opinion about a person’s race, ethnic origin, political opinions, membership of political associations and trade associations, religious or philosophical beliefs, sexual orientation or practices, criminal record, health information, genetic information about an individual that is not otherwise health information, biometric information that is used for the purpose of automated biometric verification or biometric identification and biometric templates.
Personal information can also include credit information.
3. COLLECTING PERSONAL INFORMATION
The personal information that we collect will depend on your relationship with us. We collect personal information:
(a) from you;
(b) through our websites and by other electronic communication channels;
(c) when you complete a form such as an application for credit account (if offered);
(d) from third parties including our service providers, distributors, referees and recruiters;
(e) from publicly available sources of information;
(f) from CCTV cameras installed at our premises; and
(g) when we are required to do so by law.
We may also collect information that is considered sensitive information [refer to paragraph 2 above]. Before we collect any sensitive information we will seek your consent.
3 .WHAT PERSONAL INFORMATION WE COLLECT AND WHY
3.1 FROM OUR WEBSITE
(a) By providing your contact information and visiting our Website we may collect the following type of personal information from you:
(i) your name, email address, facsimile number, telephone numbers, residential or business address and other details.
(ii) Information provided when you send an email or other communication to us.
(iii) Information provided when logging onto our Website.
(b) Our server automatically records information your browser sends when it connects to a website. The information provided may include your Internet Protocol (IP) address and your browser type and language. We may also collect information about your usage (for example, by way of cookies) including when you use our Website, other sites you access from our Website, content upload and download, your usage of the services available on our Website and the other website users you connect with through our Website.
When providing goods and services to you or in other dealings with you, we may collect the following personal information:
(a) Name, email address, facsimile number, telephone numbers, residential or business address and other details.
(b) Financial and credit information including:
(i) identification information- name, date of birth, current or previous address, driver’s licence number;
(ii) type and amount of credit sought;
(iii) trade references – name of entity, ABN, contact name, telephone number, fax number, email, years trading with you;
(iv) publicly available information about an individual’s creditworthiness;
(v) default information;
(vi) new arrangement information;
(vii) court proceedings information;
(viii) personal insolvency information;
(ix) repayment history information;
(x) payment information in relation to an overdue payment.
(c) Visual images.
(d) Any other information you provide to us.
4. USE OF PERSONAL INFORMATION
(a) We collect, hold, use and disclose personal information to:
(i) Provide our products and services and to conduct our other business activities.
(ii) Process your inquiries.
(iii) Assess an application for credit, open a credit account for you, monitor or maintain your account and recover any monies owed to us.
(iv) Register any security interest we may have in connection with your credit account on the Personal Property Securities Register or other security register.
(v) Obtain from a credit reporting agency a credit report containing personal information about you in relation to consumer or commercial credit or other information about your commercial activities or creditworthiness.
(vi) Advise you of additional products, services or information which may be of interest to you.
(vii) Provide your contact details to our partners who have agreed to provide you with any offers, goods or services.
(viii) Develop existing and new products and services.
(ix) Maintain and update our business infrastructure and systems.
(x) Promote and advertise our business, products and services.
(xi) For security and occupational health and safety purposes.
(xii) For internal management purposes.
(xiii) For administrative purposes.
(xiv) Comply with any applicable law, regulation, legal process or governmental request.
(b) If we do not collect the personal information we may not be able to provide you with the products, services, offers or assistance you have requested.
5. MARKETING AND ADVERTISING
(a) We never use or disclose any sensitive information for marketing or advertising purposes.
(b) We may use and disclose your personal information (other than sensitive information) to provide you with information about products or services offered by us or other parties.
(c) At any time, if you no longer wish to receive any additional marketing material from us contact us in writing and your details will be removed from the marketing database.
5. DISCLOSURE OF YOUR PERSONAL INFORMATION
(a) Persons accessing your personal information may include our own and our contractor’s affiliates (e.g. employees, agents, consultants, insurers, other advisers etc), and affiliated companies. It is unlikely that we will disclose personal information outside Australia and if we do it will it will be to companies within the Kilcoy Global Foods Group.
(b) We do not disclose any credit information to entities that do not have an Australian link.
6. DATA INTEGRITY
(a) We endeavour to ensure that all personal information that we hold is accurate, complete and up-to-date. To assist us with this, individuals should contact us if any of their personal information changes, or if they believe that the personal information that we have is not accurate or complete.
(b) When personal information that we collect is no longer required by us, we will destroy or de-identify that personal information unless we are required by a law or a court/tribunal to retain the personal information.
(c) We may retain personal information for so long as it is required for any of our business purposes, for the prevention of fraud, for insurance and governance purposes and in our IT back up.
(a) We take reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure.
(b) However, the open nature of the Internet is such that information exchanged via the Internet may be accessed and used by people other than those for whom the data is intended. Any personal information is therefore sent via the Internet or email at your own risk. You should also be aware that no system is completely secure against cyber attack.
(c) You should contact us immediately if you believe that there has been unauthorised access or disclosure with respect to any personal information that we hold about you.
8. GOVERNMENT RELATED IDENTIFIERS
(a) We do not use any government related identifiers, such as driver’s licence or passport numbers, as our own internal identifier of any individual.
(b) We will not use or disclose any government related identifiers other than in accordance with the Act.
9. ACCESS TO & CORRECTION OF INFORMATION
(a) You are entitled to have access to and seek correction of any personal information (including credit information) that we may hold about you, subject to the grounds for refusal under the Act. Employees are not entitled to obtain access to employee records under the provisions of the Act.
(b) We prefer that requests for access to or to update or correct your personal information to be in writing outlining the details of your request. Such requests should be addressed to our Privacy Officer via the details provided in this Policy.
(c) We do not impose any charge for requesting access to personal information however we may, at our discretion, impose a reasonable charge for giving access to cover staff and copying costs.
(d) We do not impose any charges with respect to requests to update or correct your personal information.
(e) We will take appropriate steps to verify your identity (or verify that you act as an authorised agent of the individual concerned) before granting access to your personal information.
(f) We will respond to your request for access to your personal information within a reasonable time after you make the request and if access is granted, access will be provided within 30 days from your request. If we deny your request, we will provide you with a written notice detailing the reasons for the refusal and the process for making a complaint about the refusal to grant your request.
(g) Where your request for access is accepted, we will provide you with access to your personal information in a manner, as requested by you, providing it is reasonable to do so.
(h) Your request for correction will be dealt with within 30 days, or such longer period as agreed by you. If we deny your request, we will provide you with a written notice detailing reasons for the refusal and the process for making a complaint about the refusal to grant your request.
(i) We will accept your request for correction of your personal information where we are satisfied that it is inaccurate, out-of-date, incomplete, irrelevant or misleading.
(j) Upon accepting a request for correction of your personal information, we will take all steps that are reasonable in the circumstances, having regard to the purpose for which your information is held, to correct your personal information.
(k) If your request for correction of credit information is accepted we will provide written notice of this correction to any entity to which we have disclosed this information previously, to the extent that this is practicable.
(l) If we refuse to correct your personal information you have the right to associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading. We will take such steps as are reasonable in the circumstances to associate that statement with all records we hold that contain the relevant information.
10. YOUR CONSENT
By accessing our services, by using and continuing to use our Website and by registering for any offers or promotions, you consent to:
(b) any disclosure of your personal information (excluding credit information) by us overseas on the understanding that if the overseas recipient handles the personal information in breach of the Australian Privacy Principles, the entity will not be accountable under the Act, and you will not be able to seek redress under the Act. The overseas recipient may not be subject to privacy obligations or any principles similar to the Australian Privacy Principles. Individuals may not be able to seek redress in some overseas jurisdictions, and overseas recipients may be subject to a foreign law that could compel the disclosure of personal information to a third party such as an overseas authority.
11. LIMITATION OF LIABILITY
(a) We are not liable for any direct, indirect, incidental, special, punitive or consequential liability, loss (including but not limited to loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, death, personal injury or any loss, damage or expense) you incur or suffer that arises out of your access to, use of or reliance on our Website or our services or any of the content of the Website or your inability to use it. This applies even if we have been informed that the liability, loss, damage or expense will or may result.
(b) To the extent permissible by law, we will not be liable to you or to any third party for any loss or damage or claim arising from our collection and use of personal information in accordance with this policy.
(c) Where liability is not able to be excluded by law, our liability to you in any circumstances will be limited, at our choice, to re-performance of any services we have provided to you, payment for those services to be provided by a third party or payment of the sum of AUD $10.00 (Ten Australian Dollars).
(d) Nothing in this policy affects your statutory rights including those under the Competition and Consumer Act 2010 (Cth) and Privacy Act 1988 (Cth). To the extent of any inconsistency between this policy and your statutory rights under the Competition and Consumer Act or Privacy Act, your statutory rights under the Competition and Consumer Act or Privacy Act (as the case may be) will apply.
12. NOTIFIABLE DATA BREACHES
We will notify you and the Office of the Australian Information Commissioner about any data breach that is likely to result in serious harm to you. There are exceptions where notification is not required, for example where we have already taken appropriate remedial action that removes the risk of serious harm to any individuals.
(a) If you believe that we have breached the Act you may make a complaint. A written complaint can be emailed or posted to our Privacy Officer using the contact details set out below. Please include contact details for us to contact you regarding your complaint.
(b) Our Privacy Officer will consider your complaint and respond as soon as reasonably possible, but not more than 30 days from receiving the complaint.
(c) If you are unsatisfied with the outcome of your complaint you may refer your complaint to the Office of the Australian Information Commissioner.
14. FURTHER INFORMATION
Postal address: The Privacy Officer
Kilcoy Pastoral Company
PO Box 2004
Buddina Qld 4575
Facsimile: +61 7 5497 1572
15. OFFICE OF THE AUSTRALIAN INFORMATION COMMISSIONER
The contact details for the Office of the Australian Information Commissioner are:
Postal address: GPO Box 528
Sydney NSW 2001
Facsimile: +61 2 984 9666