Privacy Policy – McColl's Transport

1. Our Commitment

McColl’s Transport Pty. Ltd. (ACN 052 199 167) and its related entities (“McColl’s”) is an Australian owned transport and logistics service specialising in the areas of bulk food, farm pickup, specialist freight and chemical freight. McColl’s’ services operate Australia-wide. McColl’s is committed to maintaining the privacy and confidentiality of its customers’ (“you”) personal and credit information.

McColl’s is an ‘APP entity’ within the meaning of the Privacy Act 1988 (Cth) (“Privacy Act”), which means it is obliged to adhere to the Australian Privacy Principles when collecting, using and disclosing personal information.

2. Your Personal Information

Personal information is information or an opinion about an identified or reasonably identifiable individual (“Personal Information”).

McColl’s respects the importance of your privacy and acknowledges that when you provide your Personal Information, you do so, on the provision that unless you give McColl’s permission, McColl’s will only collect, use and disclose your Personal Information in accordance with the Privacy Act.

3. Your Sensitive Information

McColl’s will not collect Sensitive Information about you except with your consent or only where it is reasonably necessary to collect such information or required by law. McColl’s will notify you as soon as practicable should it obtain or require Sensitive Information about you.

4. Collection of Personal Information

McColl’s collects Personal Information about individuals, where the information is necessary to conduct its business.

4.1 Kinds of Personal Information Collected

The type of personal information McColl’s collects are the following details about you:

(a) name;

(b) residential address;

(d) gender;

(e) bank details;

(f) employment or business;

(g) associations, including trusts and companies;

(h) contact details, including email address and telephone numbers; and

(i) information collected via electronic communications, which may include internet protocol addresses, the time, date and place of the communication.

4.2 Collection of Personal Information

The Personal Information is collected when you:

(a) provide it to McColl’s;

(b) visit and browse McColl’s’ website;

(d) contact McColl’s by email, telephone or facsimile.

4.3 Collection from Third Parties

McColl’s may collect Personal Information from a third party where:

(a) the third party is McColl’s’ Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)), business partners, credit reporting bodies, other customers or your representatives; or

(b) you have consented to the collection of the information; or

(d) it is unreasonable or impracticable to obtain the information from you; or

(e) the information is publicly available.

4.4 Purpose of Collection

McColl’s will collect the Personal Information for its Primary and Secondary Purposes.

McColl’s will not use your Personal Information for a purpose other than the Primary and Secondary Purposes, unless permitted by you or the law.

5. Use and Disclosure

McColl’s will only use your Personal Information for the Primary and Secondary Purposes, unless otherwise required by law.

In particular, McColl’s may use your Personal Information to:

(a) verify your identity;

(b) identify fraud or error;

(d) develop, improve and market McColl’s’ products and services;

(e) provide updates on promotions and services that may interest you;

(f) involve you in market research, gauge customer satisfaction, and seek feedback regarding McColl’s’ products and services;

(g) facilitate your participation in loyalty programs;

(h) assist you with enquiries or purchases, or to provide you with better customer service;

(i) administer and manage the products and services of McColl’s, including internal accounting and administration;

(j) reproduce and store the Personal Information for the Primary or Secondary Purposes; or

(k) share your Personal Information internally or to Related Bodies Corporate, or with its contractors or other service providers, for the Primary and Secondary Purposes.

6. Marketing

McColl’s may use your Personal Information to send you marketing. When you receive McColl’s’ marketing, McColl’s will provide you with an option to opt out of receiving future direct marketing. If you do not elect to opt out of receipt of future marketing, McColl’s may continue to send you marketing materials until you opt out.

If you require further information in relation to opting out of McColl’s’ marketing, please contact McColl’s’ Privacy Officer (details provided below).

7. Usage tracking

McColl’s tracks user traffic patterns throughout all of its websites. This information is not correlated with data about individual users. McColl’s breaks down overall usage statistics according to a user’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user’s browser).

McColl’s sometimes tracks and catalogues the search terms that users enter in the “Search” function, but this tracking is not associated with individual users. McColl’s uses tracking information to determine which areas of the websites users like and do not like based on traffic to those areas. McColl’s does not track what individual users read, but rather how well each page performs overall. This assists McColl’s to improve its services to you.

8. Your Credit Information

McColl’s may provide credit as contemplated in the Privacy Act to you in connection with the supply of its products or services. Consequently, McColl’s may collect Credit Information, Credit Eligibility Information or CP Derived Information as required for this purpose.

8.1 Collection of Credit Information

McColl’s may collect Credit Information, Credit Eligibility Information or CP Derived Information about you in any of the circumstances relating to Personal Information described in this Privacy Policy.

Credit Eligibility Information is usually collected from credit reporting bodies. This information relates primarily to your dealings with our credit providers (for example, banks, other financial institutions, or other organisations that may provide you with credit in connection with the products and services). It may also include certain credit worthiness information that McColl’s derives from the information that it receives from the credit reporting body (i.e. CP Derived Information). Sometimes McColl’s may also collect Credit Eligibility Information about you from other credit providers.

8.2 Purpose of Collection

If McColl’s provides you with credit, it will be a Credit Provider within the meaning of the Privacy Act, and it acknowledges that it will only collect, use and disclose the Credit Information, Credit Eligibility Information and CP Derived Information for the purposes and in a manner which:

(a) you have consented to; or

(b) are permitted by Div 3 of Part IIIA of the Privacy Act or any other law.

To the extent permitted by law, and without limiting the provisions of this Clause 8, McColl’s will collect, use and disclose the Credit Information, Credit Eligibility Information and CP Derived Information for the Primary and Secondary Purposes.

8.3 Disclosure of Credit Eligibility Information to Third Parties

McColl’s’ disclosure of Credit Eligibility Information is regulated by Div 3 of Part IIIA of the Privacy Act. McColl’s will only use or disclose such information for purposes permitted by this law, for example:

(a) processing credit-related applications and managing credit that McColl’s provides;

(b) assisting you to avoid defaults;

(d) assigning McColl’s’ debts;

(e) participating in the credit reporting system;

(f) dealing with complaints of regulatory matters relating to credit or credit reporting; and

(g) as required or authorised by another law.

9. Data Quality and Security of your Personal Information and Credit Information

Protecting your Personal Information and Credit Information is a priority for McColl’s. McColl’s may hold your Personal Information and Credit Information in electronic and physical files or on secure servers, storage and archive systems, including the Cloud, and take reasonable steps to ensure that your Personal Information and Credit Information is protected.

It is important to McColl’s that the Personal Information and Credit Information it maintains and uses are accurate, complete and up-to-date. If at any time your Personal Information or Credit Information changes, contact the Privacy Officer on the details below so that it can update McColl’s’ records.

The Personal Information and Credit Information McColl’s holds about you is treated confidentially and is only accessed when necessary. Whilst McColl’s takes caution to protect your Personal Information and Credit Information, no data transmission over the internet or electronically can be completely secure. Once McColl’s has received your Personal Information and Credit Information, McColl’s will take all appropriate measures to use procedures and programs to ensure that the information on its systems is secure. McColl’s will take reasonable steps to protect the Personal Information and Credit Information it retains from misuse, loss and from unauthorised access, modification or disclosure.

McColl’s will not be liable for any loss, corruption, delay or loss of confidentiality arising from any data or information transmitted electronically if it has followed appropriate virus checking and privacy procedures.

You may also assist McColl’s to keep your Personal Information and Credit Information secure by ensuring appropriate back-up, security and virus check procedures are in place for any data or information provided to or received from McColl’s electronically. Please use your discretion and exercise caution when providing your Personal Information and Credit Information.

McColl’s will not retain any of your information for any longer than it is required by us or the law. McColl’s may also de-identify your information where applicable.

10. Linked Sites

McColl’s may contain links to other websites. McColl’s is not responsible for the privacy practices or the content of such websites. McColl’s encourages you to read the privacy statements of any linked sites.

11. Cookies

A cookie is a small piece of text that is placed within the memory of a computer and can be later retrieved by web page servers. McColl’s uses cookies to enhance your interaction and convenience with McColl’s’ website and McColl’s does not use cookies to record any Personal Information.

12. Accessing, Correcting and Deleting Your Personal Information and Credit Information

You may request access to Personal Information and Credit Information that McColl’s holds about you at any time. However, this right of access is subject to some exceptions permitted by law. To make a request, please put your request in writing to the Privacy Officer using the contact details below.

In normal circumstances McColl’s will give you full access to the Personal Information and Credit Information held about you as soon as practicable, subject to and in accordance with the Privacy Act. However, in some circumstances McColl’s may require proof of identity, impose a charge or deny your request if it would be unreasonable to provide you with access, or would impact on the privacy of another person.

McColl’s reserves the right to charge a fee for searching for and providing access to your Personal Information and Credit Information. In the event McColl’s refuses you access to your Personal Information or Credit Information, McColl’s will provide you with an explanation for that refusal.

You may deal with McColl’s anonymously where it is lawful, practicable and reasonable to do so.

You can request that information about you be corrected or deleted. However, Personal Information and Credit Information may be retained in certain files in order to resolve disputes or for auditing purposes. Some Personal Information and Credit Information may also be retained in McColl’s’ technical systems in accordance with its data security procedures.

13. Changes to this Policy

McColl’s may in its absolute discretion review and change this Privacy Policy from time to time. The amended Privacy Policy will be published on McColl’s’ website and will apply whether or not McColl’s has given you specific notice of any change. Check the Privacy Policy on McColl’s’ website periodically if you would like to monitor any changes.

14. Complaints

If you believe there has been a breach of your privacy, you may make a complaint by advising the Privacy Officer in writing, using the contact details below. McColl’s will respond to your complaint within a reasonable period of time.

If the complaint cannot be resolved, you may refer your complaint to the Office of the Australian Information Commissioner.

15. Governing Law

This Privacy Policy and use of McColl’s’ website are governed by the laws of Australia. If a dispute arises under this Privacy Policy, you agree to attempt to resolve the dispute under those laws.

16. Access to Privacy Policy

If you require a copy of McColl’s’ Privacy Policy in another form, please contact the Privacy Officer using the details below.

17. Contact Details of Privacy Officer

Privacy Officer: Peter Downey c/- Chief Financial Officer

Address: McColl’s Transport Pty. Ltd.,

PO Box 1724

Geelong VIC 3220

Phone: (03) 5226 1400

Email: info@mccolls.com.au

18. Glossary of Terms

(a) “CP Derived Information” means information about an individual which is Personal Information (other than Sensitive Information):

(i) that is derived from credit report information about the individual that was disclosed to a credit provider via a credit reporting body under Div 2 of Part IIIA of the Privacy Act; and

(ii) that has any bearing on the individual’s creditworthiness; and

(iii) that is used, has been used or could be used in establishing the individual’s eligibility for consumer credit.

(b) “Credit Eligibility Information” means information about an individual which is:

(i) credit reporting information about the individual that was disclosed to a credit provider by a credit reporting body under Div 2 of Part IIIA of the Privacy Act; or

(ii) CP Derived Information.

(i) identification information about the individual; or

(ii) consumer credit liability information about the individual; or

(iii) repayment history information about the individual; or

(iv) a statement that an information request has been made in relation to the individual by a credit provider, mortgage insurer or trade insurer; or

(v) the type of consumer credit or commercial credit, and the amount of credit, sought in an application:

(A) that has been made by the individual to a credit provider; and

(B) in connection with which the provider has made an information request in relation to the individual; or

(vi) default information about the individual; or

(vii) payment information about the individual; or

(viii) new arrangement information about the individual; or

(ix) court proceedings information about the individual; or

(x) personal insolvency information about the individual; or

(xi) publicly available information about the individual:

(A) that relates to the individual’s activities in Australia or the external Territories and the individual’s credit worthiness; and

(B) that is not court proceedings information about the individual or information about the individual that is entered or recorded on the national personal insolvency index; or

(xii) the opinion of a credit provider that the individual has committed, in circumstances specified by the provider, a serious credit infringement in relation to consumer credit provided by the provider to the individual.

(d) “Primary Purposes” means conducting the business of McColl’s, including:

(i) granting credit to you; and

(ii) supplying products and services to you.

(e) “Secondary Purposes” means matters incidental to conducting the business of McColl’s, including:

(i) business marketing;

(ii) administering and collecting consumer/market surveys and polls;

(iii) hosting competitions;

(iv) administering and participating in message boards and forums;

(v) data use and collection for internal business purposes;

(vi) storage and security of the information;

(vii) debt collection;

(viii) credit-reporting;

(ix) complying with the law.

(f) “Sensitive information” means information or an opinion about an individual’s:

(i) racial or ethnic origin;

(ii) political opinions;

(iii) membership of a political association;

(iv) religious beliefs or affiliations;

(v) philosophical beliefs;

(vi) membership of a professional or trade association;

(vii) membership of a trade union;

(viii) sexual orientation or practices;

(ix) criminal record;

(x) health information;

(xi) genetic information; or

(xii) biometric information or templates.