This document declares the undertakings by Engineered Materials Australia in relation to its handling of Your Data.
Contents
• Data
Collection
• Data
Security
• Data
Use
• Data
Disclosure
• Data
Retention and Destruction
• Access
by You to Your Personal Data
• Information
about Data Handling Practices
• Handling
of Enquiries, General Concerns and Complaints
• Enforcement
• Changes
to These Privacy Undertakings
• Definitions
Data
Collection
Engineered Materials Australia undertakes to collect Your Data by
means that are:
• fair;
• legal; and
• transparent.
If you visit Engineered Materials Australia's web-site, your web-browser
automatically discloses, and Engineered Materials Australia's web-server
automatically logs, the following information: the
date and time, the IP address from which you issued
the request, the type of browser and operating system
you are using, the URL of any page that referred
you to the page, the URL you requested, and whether
your request was successful. This data may or may
not be sufficient to identify you.
Any additional data that you provide, e.g. in a
web-form, may also be logged. This data may or may
not be sufficient to identify you.
Any additional data that your web-browser automatically
provides may also be logged. This will be the case,
for example, if your browser has previously been
requested to store data on your computer in 'cookies'
and submits them each time you request a web-page
within a particular domain (such as Engineered Materials Australia.com).
This data may or may not be sufficient to identify
you.
If you disclose personal data to Engineered Materials Australia in
conjunction with an identifier such as your name
or your credit-card details, Engineered Materials Australia will
collect Your Data. Moreover, any data that becomes
available to Engineered Materials Australia through any of the means
described in the preceding paragraphs may be able
to be associated with that identifier, and hence
become Your Data.
Subject to the qualifications immediately below,
Engineered Materials Australia undertakes to collect Your Data from
you and not from other parties. This undertaking
is qualified as follows:
• where Engineered Materials Australia reasonably considers
that the protection of its financial interests requires
that it gather YourData from other sources, or from
additional sources. This applies in particular where
Engineered Materials Australia has a lending exposure to you, and
seeks information about your creditworthiness;
• where Engineered Materials Australia reasonably considers
that its capability to deliver quality services
to you will be materially enhanced by gathering
YourData from other sources. This applies in particular
to consumer profile data.
Where Engineered Materials Australia collects Your Data from sources
other than you, it undertakes:
• to do so only by legal means;
• to do so only with your Consent; and
• to declare to you what sources it uses,
and under what circumstances.
Engineered Materials Australia undertakes to declare the purpose
of collection in a manner which is clear and meaningful,
and to avoid vague, highly inclusive statements
such as 'to support our operations'.
Data
Security
Engineered Materials Australia undertakes to store Your Data in a
manner that ensures security against unauthorised
access, alteration or deletion, at a level commensurate
with its sensitivity.
Engineered Materials Australia undertakes to store Your Data only
in jurisdictions where data protections are at least
equivalent to those required under the OECD Guidelines.
Engineered Materials Australia undertakes to transmit Your Data in
a manner that ensures security against unauthorised
access, alteration or deletion, at a level commensurate
with its sensitivity.
Engineered Materials Australia undertakes to implement appropriate
measures to ensure security of Your Data against
inappropriate behaviour by Engineered Materials Australia's staff-members
and contractors. These include:
• training for staff in relation to privacy;
• access control, to limit access to Your
Data to those staff and contractors who have legitimate
reasons to access it;
• particularly in the case of sensitive data,
audit trails of accesses, including the identities
of staff and contractors accessing the data;
• reminders to staff and contractors from
time to time about the importance of data privacy,
and the consequences of inappropriate behaviour;
• declaration of appropriately strong sanctions
that are to be applied in the event of inappropriate
behaviour
• clear communication of policies and sanctions;
and
• processes to audit, to investigate and to
impose sanctions.
Data
Use
Use refers to the application of Your Data by any
part of Engineered Materials Australia, or any staff-member or contractor
of Engineered Materials Australia in the course of their work.
Engineered Materials Australia undertakes to use Your Data only for:
• the purposes for which it was collected;
• such other purposes as are subsequently
agreed between Engineered Materials Australia and You;
• such additional purposes as may be required
by law. In these circumstances, Engineered Materials Australia will
take any reasonable steps available to it to communicate
to You that the use has occurred, unless it is precluded
from doing so by law; and
• such additional purposes as are authorised
by law (in particular to protect Engineered Materials Australia's
interests, e.g. if it believes on reasonable grounds
that You have failed to fulfil your undertakings
to Engineered Materials Australia or have committed a breach of the
criminal law).
Engineered Materials Australia undertakes to use YourData only if
it has demonstrable relevance to the particular
use to which it is being put.
Engineered Materials Australia undertakes to use YourData in such
a manner as to take into account the possibility
that it is not of sufficient quality for the purpose,
e.g. because it is inaccurate, out-of-date, incomplete,
or out-of-context.
Data
Disclosure
Disclosure refers to making YourData available to
any party other than Engineered Materials Australia and You. The
term disclosure may include many different conditions
of data transfer, including selling, renting, trading,
sharing and giving.
Engineered Materials Australia undertakes to disclose Your Data only
under the following circumstances:
• in the course of business being conducted
between You and Engineered Materials Australia, where disclosure
is necessary to a contractor, such as a transport
company. Where Your Data is disclosed in this way,
Engineered Materials Australia undertakes to exercise control over
Engineered Materials Australia's contractors to ensure that their
actions are compliant with these Terms;
• in other circumstances that are directly
implied by the purpose agreed between You and Engineered Materials Australia at the time of data collection or subsequently.
Where Your Data is disclosed in this way, Engineered Materials Australia undertakes to exercise control over Engineered Materials Australia's contractors to ensure that their actions
are compliant with these Terms;
• with your consent, or at your request;
• where required by law, such as a provision
of a statute, or a court order such as a search
warrant or sub poena. In these circumstances, Engineered Materials Australia will take any reasonable steps available
to it to communicate to You that the disclosure
has occurred, unless it is precluded from doing
so by law;
• where permitted by law (e.g. the reporting
of suspected breach of the criminal law to a law
enforcement agency; and in an emergency, where Engineered Materials Australia believes on reasonable grounds that the
disclosure of YourData will materially assist in
the protection of the life of health of some person),
provided that Engineered Materials Australia will apply due diligence
to ensure that the exercise of the permission is
justifiable.
In all cases, Engineered Materials Australia undertakes to disclose
only such of Your Data as is necessary in the particular
circumstances.
Data
Retention and Destruction
Subject to the qualifications immediately below,
Engineered Materials Australia undertakes:
• to retain Your Data only as long as is consistent
with its purpose; and
• to destroy Your Data when its purpose has
expired, and to do so in such a manner that Your
Data is not subsequently capable of being recovered.
This undertaking is qualified as follows:
• Your Data may be retained in Engineered Materials Australia's
logs, backups and audit trails within short-term
retention cycles that are devised to protect the
company's operations. In such cases, Your Data will
be destroyed in accordance with those cycles;
• Your Data may be retained beyond the expiry
of its purpose if that is required by law, such
as a provision of a statute, or a court order such
as a search warrant or sub poena, or a warning by
a law enforcement agency that delivery of a court
order is imminent. In these circumstances, Engineered Materials Australia:
• will take any reasonable steps available
to it to communicate to You that Your Data is being
retained, unless it is precluded from doing so by
law; and
• will only retain Your Data while that provision
is current, and will then destroy Your Data;
• Your Data may be retained beyond the expiry
of its purpose if it is authorised by law (in particular
to protect Engineered Materials Australia's interests, e.g. if it
believes on reasonable grounds that You have failed
to fulfil your undertakings to Engineered Materials Australia or
have committed a breach of the criminal law). In
these circumstances, Engineered Materials Australia will only retain
Your Data while that situation is current, and will
then destroy Your Data.
Access
by You to Your Personal Data
Engineered Materials Australia undertakes to provide you with access
to Your Data, subject to only such conditions and
processes as are reasonable in the circumstances.
In particular, Engineered Materials Australia undertakes to enable
access:
• conveniently;
• without unreasonable delay; and
• without cost.
Engineered Materials Australia undertakes to establish and operate
identity authentication protections for access to
Your Data that are appropriate to its sensitivity,
but practical. This may involve some inconvenience;
for example, relatively straightforward procedures
may be involved in order to provide you with access
through a channel that you have previously registered
with Engineered Materials Australia (such as a particular email-address),
but may impose more onerous procedures if you wish
to use some other channel.
In the event that you dispute some aspect of Your
Data, Engineered Materials Australia undertakes to take reasonable
steps in relation to the amendment, supplementation
or deletion of Your Data.
You undertake:
• not to seek access for frivolous purposes,
or unreasonably frequently;
• to accept that deletion of some data may
not be consistent with the provision of particular
services by Engineered Materials Australia to you.
Information
about Data-Handling Practices
Engineered Materials Australia undertakes to make information available
to you about the manner in which Engineered Materials Australia handles
your data:
• in general terms, in a readily accessible
manner; and
• in more specific terms, on request.
Where Your Data is disclosed to a contractor, Engineered Materials Australia undertakes to make information available
to you on request about the manner in which Engineered Materials Australia's contractors handle your data.
Engineered Materials Australia undertakes to ensure that the information
provided is meaningful, and addresses your concerns.
You undertake:
• not to seek such information for frivolous
purposes, or unreasonably frequently; and
• to accept that the disclosure of excessive
detail may harm the security of Your Data and Engineered Materials Australia's business processes, and may harm Engineered Materials Australia's commercial interests.
Handling
of Enquiries, General Concerns and Complaints
If you have enquiries, general concerns, or complaints
about these Terms, or about Engineered Materials Australia's behaviour
in relation to these Terms, you undertake:
• to communicate them in the first instance:
• to Engineered Materials Australia
only;
• in sufficient detail;
• through a channel
made available by Engineered Materials Australia for that purpose;
Engineered Materials Australia undertakes:
• to provide one or more channels for communications
to Engineered Materials Australia, which are convenient to users;
• to promptly provide acknowledgement of the
receipt of communications, including the provision
of a copy of the communication, the date and time
it was registered, and Engineered Materials Australia's reference-code
for the communication;
• to promptly provide a response to the communication,
in an appropriate and meaningful manner.
You further undertake to not pursue Engineered Materials Australia
through any Regulator or the media:
• until and unless Engineered Materials Australia has had a
reasonable opportunity to respond to the initial
communication; and
• while Engineered Materials Australia and you remain are conducting
a meaningful dialogue about the matter.
Enforcement
Engineered Materials Australia declares that its undertakings in
these Terms are intended to create legal obligations,
and that those obligations are intended to be enforceable
under appropriate laws in appropriate jurisdictions.
These include laws relating to data protection,
privacy, fair trading, corporations and criminal
laws.
You undertake to seek enforcement only in a jurisdiction
that is relevant to the transactions that have taken
place between You and Engineered Materials Australia, in particular
the jurisdiction in which you live or in which you
performed the relevant acts, and the jurisdiction
in which Engineered Materials Australia is domiciled or performed
the relevant acts.
If you wish to discover the relevant laws in any
particular jurisdiction, Engineered Materials Australia draws your
attention to the following resources:
• WorldLII
Privacy Links
• Compilation
of [U.S.] State and Federal Privacy Laws, Privacy
Journal, Providence RI
• Privacy
Law Sourcebook 2004, EPIC, Washington DC
• the Australian Privacy Foundation's pages:
• International
Instruments Relating to Privacy Law
• Privacy
Laws of Countries of the World
• Privacy
Laws of the Commonwealth of Australia
• Privacy
Laws of the States and Territories of Australia
• Privacy
International
Changes
to These Privacy Undertakings
Engineered Materials Australia undertakes:
• not to materially change these Terms in
a manner that reduces the protections for Your Data;
• to take all possible steps to prevent any
company that acquires this company or any of its
relevant assets from materially changing the Terms
applicable to Your Data in a manner that reduces
the protections for Your Data;
• where it is considering making changes to
these Terms, or creating more specific Terms relating
to specific services, to consult with appropriate
representative and advocacy organisations;
• where it makes changes to these Terms, to
ensure that the differences between successive versions
are readily accessible;
• to maintain all prior versions of these
Terms in such a manner that they are dated, and
readily accessible.
Definitions
Your Data means data that is capable of being associated
with you, whether or not it includes an explicit
identifier such as your name or customer number.
In particular, it encompasses all data that Engineered Materials Australia is capable of correlating with you, using
such means as server-logs and cookie-contents.
Your Data does not refer to data that can no longer
be associated with you. This includes aggregated
data that does not and cannot identify the individuals
whose data are included in the aggregation.
Consent means your concurrence with an action to
be taken by Engineered Materials Australia. Consent may be express
or implicit, but in either case must be informed
and freely-given.
Copyright in the Privacy
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