COMMERCIAL PRIVACY POLICY

1. STATEMENT

This Policy identifies the processes and systems Topcoat Asphalt have put in place to collect and handle potentially sensitive creditor information.

It identifies the kinds of information Topcoat Asphalt collects and holds and how that information is likely to be used.

Topcoat Asphalt and its employees must have regard to this Statement in their dealings with clients.

The Policy is intended to be compliant with The Privacy Act (1988), as amended, and all regulations, principles and other associated requirements originating from the Act.

2. SCOPE

This Policy applies to all transaction recordings and creditor data collected during commercial dealings between Topcoat Asphalt and purchasers, both corporate and private, of bituminous products and services.

No personal information will be held regarding our commercial partners beyond the information required for credit and account management purposes.

Due to the commercial nature of our Client interactions, we cannot commence commercial contractual arrangements without full and true identification of the Client.

It applies to all information relating to our clients, both as corporate bodies and as private individuals.

In some circumstances, depending on the terms of any contractual arrangement in place, it also applies to third parties contracted to perform services on behalf of Topcoat Asphalt.

This Statement does not relate to employee information.

3. REFERENCES

  • Privacy Act (1988)
  • Partnering Policy
  • AS/NZS ISO 9001 Quality Management Systems

4. DEFINITIONS

Consent – permission given or obtained to collect, store and handle information which may be commercially sensitive and relates directly to the business interaction between Topcoat Asphalt and a contracted vendor or organisation. The four key elements of consent are:

  • The individual will be informed of what they are consenting to.
  • Consent will be provided voluntarily.
  • It must be current and specific.
  • The individual must have the capacity to understand and communicate their consent.
  • Consent may be given orally or in writing.

Solicited information – contractor and/or vendor details required to carry out, continue or complete the commercial relationship. These may include banking, licencing, insurance and vehicle details.

Unsolicited information – information obtained or supplied without request.

Disclosure – A release of information from our effective control. This may include the release of credit history related information and release in response to a specific request.

Personal information – Information or an opinion about an identified individual, or an individual who is reasonably identifiable, regardless of whether (i) the information or opinion is true or not, and (ii) recorded in a material form or not.

5. RESPONSIBILITY

Topcoat Asphalt recognises that as a customer you have the right to raise concerns relating to information collected about you or your organisation that may be of a personal or commercially sensitive nature.

Topcoat Asphalt will endeavour to:

  • Only collect data and other information required for our commercial purposes.
  • Implement and maintain practices ensuring appropriate access for data owners.
  • Ensure all information relating to commercial transactions and credit and risk information relating to individual and business partners is secure.
  • Provide credit applicants with a copy of the current Commercial Privacy Policy on request or to direct them to the Topcoat Asphalt web site: www.topcoat.com.au

6. INFORMATION COLLECTION

We collect, use, store and, from time to time, disclose information (including personal information) for purposes dictated by statutory and legal obligations as well as commercial requirements.

We deal with the following kinds of information:

  • Contact names
  • Mailing, street or email address
  • Contact telephone numbers
  • Financial details including banking or credit information
  • Information disclosed to us by the individual, corporate body or a third party which we believe to be reasonably necessary for the conduct of our compliance and law enforcement related activities
  • Other information provided to us directly or indirectly through use of our website
  • Information sourced from public information sources which we believe to be reasonably necessary for the conduct of our compliance and law enforcement related activities

We also collect information which is not personal information because it does not identify and/or cannot be used to identify any particular individual. For example, we may collect anonymous answers to surveys or aggregated information about how members of the public use our website. This Policy does not apply to that sort of information.

How do we collect information?

Topcoat Asphalt only collects personal or commercially sensitive information where the information is reasonably necessary for, or directly related to, one or more of the activities of Topcoat Asphalt.

Usually we collect information directly from the individual or corporate body to whom the information relates and/or their authorised representative. In some circumstances, we collect this information from third parties. We collect information only by lawful and fair means.

We collect information:

  • When we receive applications forms, mail or email correspondence and other documents
  • When individuals and other third parties provide services or supply goods to us
  • When members of the public or corporate bodies access our website
  • Other lawful processes

We do not collect personal information about a person who only browses the Topcoat Asphalt website.

We collect information from third parties in the following circumstances:

  • Where consent is given to Topcoat Asphalt to collect the information from another organisation or source.
  • Where we are required or authorised under an Australian law, or a court/tribunal order, to collect the information from another organisation or source.
  • If it is unreasonable or impracticable for us to collect the information from the individual directly.

7. INFORMATION HANDLING PRACTICES

We use and disclose personal information for the primary purpose it was collected for.

Before using information for any other purpose, we will ensure we have received the consent of the Client concerned for the use or disclosure of the information, or that one of the following circumstances applies:

  • The Client would reasonably expect us to use or disclose the information for an additional purpose, for example, when performing audit and compliance actions.
  • The use or disclosure is required by an Australian law or a court/tribunal order.
  • Where Topcoat Asphalt has reason to suspect that unlawful activity or misconduct of a serious nature relating to our functions or activities has been, is being or may be engaged in and we reasonably believe that the use of the information is necessary in order for us to take appropriate action in relation to the matter.
  • We believe that the use or disclosure is reasonably necessary for one or more enforcement related activities conducted by or on behalf of an enforcement body. If we use or disclose information for this purpose, we will make a written note of the use or disclosure.

We will disclose information to the following type of entities:

  • Couriers, payment processors, debt collectors, and professional advisors such as accountants, solicitors, business advisors, consultants and medical practitioners.
  • Suppliers and other third parties with whom we have commercial relationships for business, marketing, and related purposes.
  • Any entity (including individuals) for any authorised purpose with consent.
  • Commonwealth or State/Territory Government body for the purposes of investigating and prosecuting compliance breaches, legal actions, and insurance claims.
  • Enforcement bodies (such as State or Territory Police and Australian Securities and Investments Commission).
  • Credit reporting organisations. Please refer to Appendix 1 for the current list of credit reporting organisations.

Topcoat Asphalt takes such steps as are reasonable in the circumstances to protect information from misuse, interference and loss and from unauthorised access, modification or disclosure. We may hold information in either electronic or hard copy form.

Information contained in electronic form or hard copy is secured in accordance with our information handling practices.

However, as our website is linked to the internet, we cannot provide any assurance regarding the security of information communicated with us or that such information will not be intercepted while being transmitted to us over the internet.

We will take such steps as are reasonable to delete or de-identify information that is no longer required, unless it is unlawful to do so.

We destroy hard copy documents containing commercially sensitive information by shredding or by disposal of such in classified document waste bins.

An authorised representative of a business entity may request access to any information held by Topcoat Asphalt by contacting the General Manager. The request should always be made in writing. We will need to verify the applicant’s identify before providing access. Generally, we will provide access to the requested information within 30 days of receiving the request.

If the information we hold is incorrect, incomplete or inaccurate, the organisation may request that we correct the information. If we decide not to correct the information, we will give the authorised representative notice setting out the reasons for the refusal.

Even if we are not asked to correct information, we may make corrections, as we believe are reasonable, to correct information we hold if we are satisfied that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading.

8. COMPLAINT & CREDIT ENQUIRY PROCESS

Enquiries regarding credit status of applicants, both corporate and private, must be made in writing and addressed to the General Manager, Topcoat Asphalt.

Complaints about:

  • The treatment of information.
  • Possible breach of privacy by Topcoat Asphalt.
  • Accuracy of information.
  • Compliance of Topcoat Asphalt with the Privacy Act.

must be made in the same manner.

Enquiries and complaints are treated confidentially.

After the enquiry has been received, Topcoat Asphalt will endeavour to communicate a final resolution to the enquirer within as reasonable a time as possible.

9. DOCUMENTATION

Appendix 1, Current Affiliated Credit Reporting Organisations