PRIVACY POLICY
1. INTRODUCTION
1.1 The Richers Group comprises a number of companies associated with the supply of transport and storage services and the supply of bricks and pavers throughout Australia. The companies within the Richers Group are:
(a) Richers Holdings Pty Ltd (ACN 113 593 516);
(b) Richers Transport Pty Ltd (ACN 009 721 788); and
(c) Emijay Pty Ltd (ACN 010 749 970).
(we, us or our).
1.2 In the course of our business in Australia, we collect personal information. This privacy policy has been developed to ensure that such information is handled appropriately.
1.3 We are committed to complying with the Privacy Act 1988 (Cth) (Privacy Act) in relation to all personal information we collect. Our commitment is demonstrated in this policy. The Privacy Act incorporates the Australian Privacy Principles (APPs). The APPs set out the way that personal information must be treated.
1.4 This privacy policy also incorporates our policy on managing credit information (see particularly section 10 onwards).
Who does the privacy policy apply to?
1.5 This policy applies to any person in relation to whom we currently hold, or may in the future collect, personal information. Broadly, we only collect personal information from customers, subcontractors and agents who perform services on our behalf, and from prospective employees and prospective subcontractors.
What information does the privacy policy apply to?
1.6 This policy applies to personal information. In broad terms, 'personal information' is information or opinions relating to a particular individual who can be identified.
1.7 Information is not personal information where the information cannot be linked to an identifiable individual.
1.8 Nothing in this policy prevents us from collecting or disclosing personal information that comprises employee records of current or former employees, provided such collection or disclosure does not breach the Privacy Act.
2. HOW DO WE MANAGE THE PERSONAL INFORMATION WE COLLECT?
2.1 We manage the personal information we collect in numerous ways, such as by:
(a) implementing procedures for identifying and managing privacy risks;
(b) implementing security systems for protecting personal information from misuse, interference and loss from unauthorised access, modification or disclosure;
(c) providing staff with training on privacy issues;
(d) appropriately supervising staff who regularly handle personal information;
(e) implementing mechanisms to ensure any agents or contractors who deal with us comply with the APPs;
(f) implementing procedures for identifying and reporting privacy breaches and for receiving and responding to complaints; and
(g) appointing a privacy officer within the business to monitor privacy compliance.
2.2 We will take reasonable steps to destroy or de-identify personal information if that information is no longer needed for the purposes for which we are authorised to use it.
2.3 Because the nature of our business primarily involves the provision of transport and storage services and the supply of bricks and pavers, it is generally not possible to use a pseudonym or remain anonymous when dealing with us. However, we may be able to offer you a temporary account and limited services if you wish to use a pseudonym or remain anonymous. If you want to use a pseudonym or remain anonymous when dealing with us, you should notify us and we will try to accommodate your request, subject to our ability to perform the services.
3. WHAT KINDS OF INFORMATION DO WE COLLECT AND HOLD?
3.1 The personal information we may collect differs, depending on whether you are a customer, a subcontractor or agent, or a prospective employee or a prospective subcontractor.
Personal information (customers)
3.2 If you are a customer, we may collect and hold personal information about you, which may include:
(a) your contact details;
(b) financial and credit information;
(c) date and place of birth;
(d) information in publicly available company records about you;
(e) video footage from cameras in our business premises; and
(f) any other personal information required to provide the goods or services to you.
Personal information (subcontractors and agents and prospective employees)
3.3 If you are a subcontractor or agent, or a prospective employee or a prospective subcontractor, we may collect and hold personal information about you, which may include:
(a) sensitive information (see below);
(b) contact information;
(c) date and place of birth;
(d) employment arrangements and work history;
(e) insurance information and claims history;
(f) credit information;
(g) licence details;
(h) education details;
(i) driving history;
(j) banking details;
(k) video footage from cameras in vehicles and in our depots;
(l) GPS data and other telemetry from in-vehicle management systems and other logistics technology solutions; and
(m) any other personal information required to engage you as our subcontractor or agent, or to consider offering you employment.
Sensitive information
3.4 ‘Sensitive information’ is a subset of personal information and includes personal information that may have serious ramifications for the individual concerned if used inappropriately.
3.5 Generally, we do not collect sensitive information about customers.
3.6 However, we may collect sensitive information from and about subcontractors and agents, and prospective employees and subcontractors, such as:
(a) health information (including but not limited to drug and alcohol testing and medical testing results);
(b) criminal history;
(c) membership of professional or trade associations; and
(d) membership of trade unions.
3.7 We will not collect sensitive information without the individual’s consent to which the information relates unless permitted under the Privacy Act.
4. HOW AND WHEN DO WE COLLECT PERSONAL INFORMATION?
4.1 Our usual approach to collecting personal information is to collect it directly from the individual concerned.
Collection via our website
4.2 Our website requests personal information from customers making an enquiry through the ‘Contact’ page. We only collect information that is necessary to identify, complete and respond to the enquiry.
Collection via third parties
4.3 We may also collect personal information in other ways, such as from:
(a) our subcontractors and agents;
(b) your current and previous employers;
(c) practitioners or entities that conduct drug and alcohol testing or medical testing on our behalf;
(d) GPS tracking and other in-vehicle monitoring systems;
(e) trade references; and
(f) insurance providers and brokers.
Surveillance
4.4 We collect video recordings and photographs from in-vehicle cameras and closed-circuit television at our business premises. We also collect data through the use of infra-red technology and video footage as part of the technology installed in our vehicles.
5. COLLECTION OF PERSONAL INFORMATION THROUGH OUR WEBSITE
5.1 Our website provider may make and maintain records of our official website and the pages you visit so that We can:
(a) monitor website traffic;
(b) determine which of our services are popular; and
(c) deliver customised content or advertising.
5.2 Our website may also set cookies. A cookie is a text file that is placed on your hard disk by a webpage server. Cookies are uniquely assigned to you, and can only be read by a webserver in the domain that issued the cookie to you. A cookie notifies the webserver that you have returned to a specific page. For example, if you personalise our webpage or register with our site, a cookie:
(a) helps us to recall your specific information on subsequent visits; and
(b) simplifies the process of recording your personal information, such as your billing address and delivery address.
5.3 You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.
6. HOW DO WE HOLD PERSONAL INFORMATION?
6.1 Our usual approach to holding personal information includes holding that personal information:
(a) physically, at our premises; and
(b) electronically, on secure servers; and
(c) in a private cloud.
6.2 We secure the personal information we hold in numerous ways, including:
(a) using security systems to limit access to premises outside of business hours;
(b) using secure servers to store personal information;
(c) using unique usernames, passwords and other protections on systems that can access personal information; and
(d) holding certain sensitive documents securely.
7. WHY DO WE COLLECT, HOLD, USE OR DISCLOSE PERSONAL INFORMATION?
7.1 We take reasonable steps to use and disclose personal information for the primary purpose for which we collect it. The primary purpose for which information is collected varies, depending on the particular service being provided or the individual from whom we are collecting the information, but is generally as follows:
(a) in the case of customers – to provide you with transport or storage services or to supply you with bricks and pavers;
(b) in the case of subcontractors and agents – to assist us in providing our customers with high quality transport and storage services;
(c) in the case of potential employees and subcontractors – to assess your suitability for employment or engagement.
7.2 Personal information may also be used or disclosed by us for secondary purposes that are within an individual’s reasonable expectations and that are related to the primary purpose of collection.
7.3 We collect personal information from in vehicle monitoring systems and closed-circuit television cameras:
(a) to prevent and detect crime;
(b) to assist in providing a safe working environment;
(c) to protect our property and the property of our customers, subcontractors, agents and visitors; and
(d) for quality and compliance purposes.
7.4 We may collect and use customers’ personal information:
(a) to assess eligibility for credit; and
(b) to keep records of transactions to assist in future enquiries and enhance our customer relationship with you.
7.5 We may collect and use subcontractors’ and agents’ personal information:
(a) to conduct checks to ensure that the subcontractor or agent can perform and is performing the services to our standards;
(b) as part of our commitment to the safety of our operations and as required by regulatory schemes; and
(c) for payment purposes.
7.6 We may disclose personal information to:
(a) subcontractors and agents;
(b) employers of individuals;
(c) practitioners and entities that provide drug and alcohol testing and other medical testing on our behalf;
(d) government bodies (such as WorkCover, Centrelink, the Australian Taxation Office, police departments, workplace health and safety authorities, state departments of mining, petroleum and natural resources, road authorities and transport authorities);
(e) other service providers in order to provide the transport or storage services, or to assist our functions or activities (such as our advisers and consultants);
(f) insurance providers and brokers;
(g) our customers who require the information as part of their compliance procedures or systems or to meet legislative requirements;
(h) any third party technology providers we engage from time to time; and
(i) other entities in the Richers Group.
7.7 Otherwise, we will only disclose personal information to third parties if permitted by the Privacy Act.
8. WHAT HAPPENS IF PERSONAL INFORMATION IS NOT PROVIDED?
If a person fails to provide us with personal information that we seek, or if that information is inaccurate or incomplete, We may be unable to provide that person with the goods they seek to purchase or with transport services or to consider engaging or employing that person (as the case may be).
9. WILL WE DISCLOSE PERSONAL INFORMATION OUTSIDE AUSTRALIA?
We generally do not disclose personal information outside of Australia except to the following web form and application tool providers:
(a) Unbounce Marketing Solutions Inc. (whose website landing page and lead system software we use); and
(b) Altora Solutions (whose online induction training system we use).
We take reasonable steps to ensure this personal information is handled in a safe and secure manner.
10. HOW DO WE MANAGE YOUR CREDIT INFORMATION?
What kinds of credit information may we collect?
10.1 We generally do not collect credit information about subcontractors and employees.
10.2 In the course of providing our services to a customer, we may collect and hold the following kinds of credit information:
(a) your identification information;
(b) information about any credit that has been provided to you;
(c) your repayment history;
(d) information about your overdue payments;
(e) whether terms and conditions of your credit arrangements with us are varied;
(f) whether any court proceedings are initiated against you in relation to your credit activities;
(g) information about any bankruptcy or debt agreements involving you;
(h) any publicly available information about your credit worthiness; and
(i) any information about you where you may have fraudulently or otherwise committed a serious credit infringement.
10.3 We may also collect personal information that may affect a customer’s credit worthiness from other credit providers (e.g. trade referees and banks) that themselves may collect that information from credit reporting bodies. The kinds of personal information we collect may include any of those kinds of personal information outlined in section 3.2 of this policy.
How and when do we collect credit information?
10.4 In most cases, we will only collect credit information about you directly from a customer or their trade referees.
10.5 Other sources we may collect credit information from include:
(a) ASIC;
(b) banks and other credit providers;
(c) commercial debt collecting businesses such as EC Credit Control;
(d) your suppliers and creditors; and
(e) our subcontractors and agents.
How do we store and hold the credit information?
10.6 We store and hold credit information in the manner outlined in section 6 of this policy.
Why do we collect the credit information?
10.7 Our usual purpose for collecting, holding, using and disclosing credit information about you is to enable us to provide you with transport or storage services or to supply you with bricks and pavers.
10.8 We may also collect the credit information to:
(a) process payments; and
(b) assess eligibility for credit.
How and when do we disclose credit information?
10.9 If you fail to meet your payment obligations in relation to the credit we provide you, we may disclose this to commercial debt collecting businesses such as EC Credit Control.
Overseas disclosure of the credit information
10.10 We will not disclose your credit information to entities without an Australian link unless you expressly request us to.
How can I access my credit information, correct errors or make a complaint?
10.11 You can access and correct your credit information, or complain about a breach of your privacy in the manner set out in section 11 of this policy.
11. HOW DO YOU MAKE COMPLAINTS OR ACCESS AND CORRECT YOUR PERSONAL OR CREDIT INFORMATION?
11.1 It is important that the information we hold about you is up-to-date. You should contact us if your personal information changes.
Access to information and correcting personal information
11.2 You may request access to the personal information held by us or ask us for your personal information to be corrected by using the contact details in this section.
11.3 We will grant you access to your personal information as soon as possible, subject to the request circumstances.
11.4 In keeping with our commitment to protect the privacy of personal information, we may not disclose personal information to you without proof of identity.
11.5 We may deny access to personal information if:
(a) the request is unreasonable;
(b) providing access would have an unreasonable impact on the privacy of another person;
(c) providing access would pose a serious and imminent threat to the life or health of any person; or
(d) there are other legal grounds to deny the request.
11.6 We may charge a fee for reasonable costs incurred in responding to an access request. The fee (if any) will be disclosed before it is levied.
11.7 If the personal information we hold is not accurate, complete and up-to-date, we will take reasonable steps to correct it so that it is accurate, complete and up-to-date, where it is appropriate to do so.
Complaints
11.8 If you want to complain about an interference with your privacy, you must follow the following process:
(a) The complaint must first be made to us in writing, using the contact details in this section. We will have a reasonable time to respond to the complaint.
(b) If the privacy issue cannot be resolved, you may take your complaint to the Office of the Australian Information Commissioner.
Who to contact
11.9 A person may make a complaint or request to access or correct personal information about them held by us. Such a request must be made in writing to the following address:
Privacy Officer: Matthew Richers
Postal Address: 104 March Street, Maryborough QLD 4650
Telephone number: (07) 4121 2525
12. CHANGES TO THE POLICY
12.1 We may update, modify or remove this policy at any time without prior notice. Any changes to the privacy policy will be published on our website.
12.2 This policy is effective from November 2023. If you have any comments on the policy, please contact our privacy officer using the contact details in section 11 of this policy.
Effective from 01/01/2024