Privacy Policy

Privacy and Essential Building Solutions

Essential Building Solutions Pty Ltd (“we”, “us”, “EBS”, “the Policy”) will help you understand how EBS manages the information that we collect, use and disclose and how you can contact us if you have any queries. The Policy applies to and is adopted by all EBS employees, related entities and associated companies and contractors which are subject to the Privacy Act 1988.

Background

Personal information is defined as information, or an opinion, in any form and whether true or not, about an individual whose identity is reasonably apparent or can reasonably be ascertained from the information or opinion.

Sensitive information encompasses information including health information and information about a person’s race, ethnicity, political opinion, religious and philosophical belief, sexual preferences, membership to a political association, professional or trade association or trade union and criminal history.

In this Policy, we will refer to personal information and sensitive information collectively as personal information. EBS will not collect sensitive information about you unless you consent or unless we are required to by law.

Information We Collect and How We Use It

EBS only collects and holds, uses and discloses (“handles”) personal information that is reasonably necessary to help us deliver our products and services. We also collect and handle personal information reasonably necessary for marketing, research, planning and product development purposes. We collect personal information through a variety of channels including our website, at our display centres or over the telephone. We may also collect personal information provided by you if you enter a competition or reply to a survey conducted by or on behalf of EBS. We may also collect specific personal information if the law requires us to collect it or receive it from another source.

EBS may also obtain information using technologies such as cookies, tags, web beacons and navigational data collection. We have implemented Google Analytics features based on Display Advertising (Google Analytics Remarketing, Display Network Impression Reporting and Demographics and Interest Reporting). You can opt-out of Google Analytics for Display Advertising or customize Google Display Network ads using the Ads Settings. Whilst this information is generally not linked to your personal identity, except where you have identified yourself (for example via e-mail), Carlisle Homes may use this information collected to obtain a better understanding of your experience and what products or services may be of interest to you.

Depending on your interaction with us, the personal information we collect from you will vary. However it may include (amongst other things):

• personal information that you give us when you enter your information through our website or over the telephone;
• communication between you and EBS.
• transactional information about your experience with our products and services (for example: feedback that you provide to us).

EBS only uses the personal information you provide to us for the purpose that was either directly specified or for a secondary purpose where it could be reasonably expected at the time the information was collected that it would be used a secondary purpose and this secondary purpose is related to the directly specified purpose. The primary purpose for collecting your personal information is to assist in providing you with our products and services, to assist with communications you make with us and for internal administrative purposes.

Although we may use your personal information as stated above, we may also use your personal information for direct marketing where it could be reasonably expected that EBS would handle your personal information for direct marketing or you have provided express or implied consent to the use of your personal information for direct marketing. We may communicate news, promotional offers or special events to you or we may use personal information for marketing, research, planning and product development purposes.

EBS will take reasonable steps to ensure that you are aware of the purposes for which we collect and handle personal information at the time the information is collected, except where our collection or disclosure of the personal information collected is required by law.

You have the right to remove your name from our mailing list at any time without penalty. Similarly, you may apply to add your name to our mailing list at any time should you desire.

Unsolicited Information

If we receive unsolicited personal information (that is not sensitive information) and the personal information is reasonably necessary for, or directly related to one or more of EBS functions or activities then the personal information is deemed to have been collected that same as if it were solicited from the individual concerned.

Integrity of your Information

EBS will use reasonable endeavours to ensure the personal information we collect and handle is accurate, up-to-date and complete, and in the case or use and disclosure, relevant.

Where we collect the personal information from the individual concerned or a reliable source it is reasonable to regard the information as accurate, up-to-date and complete.

Where and How Your Information is Stored

Where we store your information depends on the product or service you have requested from EBS.

EBS takes reasonable precautions to protect personal information collected and stored by us. These precautions include, but are not limited to security systems and monitoring, secure access to offices and archives, encrypted passwords, firewalls, anti-virus programs and other security measures put in place to prevent accidental or malicious loss of data or personal information.

While EBS takes reasonable precautions to protect the personal information we possess, unfortunately there is always risk involved with storing information. Therefore, we cannot guarantee that personal information will not be stolen or used without permission. To the extent permissible by law, we will not be responsible for any unauthorised access, disclosure or use of your personal information. If you suspect that someone has your personal information collected by EBS, and you do not wish for them to have it, please contact our Privacy Officer immediately.

EBS employees, related entities and contractors only have access to your personal information to a level that is necessary for them to perform their duties. They are bound by our Privacy Policy and associated procedures.

In some instances, where required by law, EBS will retain “hard” (physical) and/or “soft” (electronic) copies of certain documentation for prescribed periods. Where personal information is no longer required, EBS destroys or de-identifies this information. In the case of hard copy destruction, we contract a secure document shredding, pulping or disintegration agency that will provide a certificate of proof once the documents are securely destroyed. Where soft copy destruction is required, it is done so in a manner that prevents the restoration of files. EBS reserves the right to retain some information in accordance with the Privacy Act 1988 and our Privacy Policy, to assist in the development of the business and to meet reporting and auditing requirements. Where this information is retained, EBS will de-identify this data, whereby the removal of personal information is permanent and cannot be restored or matched to re-establish your identity.

Information Sharing

EBS will only disclose personal information collected from our customers, suppliers, service providers, applicants, employees, temporary team members or contractors internally or to our related entities or third party organisations where disclosure is necessary to achieve the primary or for the purpose of direct marketing. Carlisle Homes requires all entities and third party organisations, to which personal information is disclosed, to agree to our Privacy Policy and to the strict conditions governing its use. We do not sell, trade or otherwise transfer to third party organisations your personal information unless prescribed by our Privacy Policy or by the law. In some instances, we may disclose your personal information with your express consent.

Except as stated in our Privacy Policy, EBS will not disclose your personal information without your consent unless we believe it is necessary:

• Because it is required or authorised by law;
• To provide you with a product or service you have requested;
• To enforce contractual obligations or our website Terms of Use;
• To lessen a serious threat to a person’s health or safety;
• To investigate or report on suspected unlawful activity; or
• To protect our rights or property or those of any member of the public.

Information Sharing Outside of Australia

EBS will only disclose personal information collected from our customers, suppliers, service providers, applicants, employees, temporary team members or contractors to an organisation or individual in a foreign country in limited circumstances. EBS will only provide your personal information where we reasonably believe the recipient is subject to binding laws or contracts which effectively upholds the principles of privacy which are substantially similar to the APPs, or where EBS has taken all reasonable steps to ensure information will not be held, used or disclosed by the recipient in a manner which is inconsistent with the APPs. EBS may also provide your personal information where it is necessary in order to perform and conclude a contract that exists between you and EBS.

Such disclosure may include the transfer of your information between EBS and its service providers located in Australia, New Zealand, Vietnam and Singapore. EBS notes that some service providers may back-up personal information in the Cloud, which could also be located overseas.

How You Can Access and Correct Your Personal Information

EBS is happy to assist you should you request access to your personal information held by us, subject to relevant exceptions.

To maintain the security of your personal information, we may require you to prove your identity to us. The form of identification we require will depend on the nature of the personal information you seek access to. Forms of identification may include but are not limited to:

• The presentation of photo identification (e.g. passport or Australian drivers license);
• Correct responses to qualifying questions;
• Supply of specific particulars pertaining to your identity; or
• Divulging login names and corresponding passwords.

These responses will be checked against our records to satisfy us that you are who you say you are prior to releasing the requested personal information.

Due to the nature of some requests for access to personal information, EBS may require the request to be submitted in writing for auditing purposes. Should this be required, you will be notified in direct response to your initial request for access. This also aids in avoiding confusion regarding the request for access to your personal information. How EBS responds to your request will depend on the personal information that you require access to, how you submitted your request, where the information sought is stored, how that information is accessed and any exemptions to disclosure that may apply.

We will give you access to the personal information in the manner requested by you if it is reasonable and practical to do so.

EBS will not charge you for making a request to access personal information held by us. However, you may be liable for any costs associated in making the personal information sought available to you. This cost is entirely dependent on the nature of the information sought and the steps required to obtain it. Where possible, EBS will endeavour to provide you with an estimated cost prior to us incurring any real cost to provide access to the personal information requested. If the real cost of supplying the requested personal information is greater than the estimate, you may be required to pay the true cost prior to us providing access to the requested personal information.

EBS reserves it rights to deny or refuse access to personal information in accordance with Australian Privacy Principle 12.3, Privacy Act 1988 (Cth) Schedule 1.

Where EBS denies or refuses access to personal information, we will provide you with a written response outlining the reasons behind our decision. Where we deny access to personal information that may involve or reveal commercially sensitive business details, we will provide you with a summary of the information requested and a written explanation as to why full access was not granted. We may agree to the use if a mutually acceptable intermediary to allow limited access to personal information that would otherwise be denied to you under one of the permitted exceptions. If it is decided that an intermediary will be used, you may be liable to pay the intermediaries’ fees and expenses.

Should you wish to update any of the personal information you have provided to us, please contact our Privacy Officer. We will make reasonable efforts to amend the information as requested. Where your personal information has been provided to a third party, as per our Privacy Policy, we will request they amend your personal information as requested by you, however we cannot force them to do so.

We will respond to your request to update your personal information within a reasonable period and will not charge for the request, correcting the information, or for providing an associate statement.

If we deny or refuse to provide you access to personal information or we cannot update your personal information please refer to the Complaints procedure below.

Acceptance

By using or subscribing to our services or by purchasing our products without written objection, you agree to EBS using your personal information in accordance with our Privacy Policy.

If, at any time, you do not agree to our Privacy Policy, please immediately advise our Privacy Officer in writing. EBS may periodically amend our Privacy Policy in accordance with the Privacy Act 1988 and other relevant laws. It is your responsibility to ensure you understand our current Privacy Policy.

Complaints

If you have a complaint about this Policy or the way we have dealt with your personal information, please contact our Privacy Officer in writing via the website. Once we have received your complaint, we will make all attempts to respond to your complaint within a reasonable timeframe.

If you are not satisfied with how we have dealt with your complaint or if we have been unable to resolve your complaint, under the Privacy Act 1988, you can make a complaint to the Office of the Australian Information Commissioner (“OAIC”). The procedure for making a complaint with the OAIC is located at the following website: http://www.oaic.gov.au/privacy/making-a-privacy-complaint.

Updates to Our Privacy Policy

This Policy is effective from 16 March 2015.

EBS may amend this Policy at any time and from time to time. If we do amend this Policy the amended Policy will be available on our website at www.essentialbuilding.com.au so that you are aware of how your personal information is collected, used and stored.

Further Information

Should you have any questions or would like to comment on our Privacy Policy, please contact our Privacy Officer:

Privacy Officer
Essential Building Solutions Pty Ltd
2 Nexus Court
Mulgrave, Victoria, 3170
Australia
P: +61 3 8561 4777
F: +61 3 9561 5320

For more information on privacy in Australia, please visit the Australian Commonwealth Government’s, Australian Federal Privacy Commissioner’s website at www.privacy.gov.au