Privacy Policy

Privacy Policy Terms

Tomkin Australia Pty Ltd (“Tomkin”, “we“, “us“, “our“) understands the importance of protecting the privacy of our customers and other persons who provide personal information to us.

Tomkin’s policy for dealing with personal information is set out in this privacy policy document (“the Privacy Policy”).

The Privacy Policy is made in accordance with the Privacy Act 1988 (Cth) as amended (“the Privacy Act”) and the Australian Privacy Principles contained in the Privacy Act.

1. Personal Information we may collect

Under the Privacy Act, “personal information” is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not.

Some information we may collect from customers, contractors and other persons is “personal information” under the Privacy Act. Generally this includes any information which can be used to personally identify you, such as:

• Identifying details such as your name, date of birth and gender
• contact details, such as your current residential or business address, phone number and email address
• your signature
• proof of identity (eg. passport or drivers licence number)
• billing and financial information (such as your banking or payment information, credit card number, cardholder name and expiration date)
• if you are applying for credit terms, or to act as guarantor, information relating to your creditworthiness (including the credit information described in section 5 below, your credit history and trade references)
• if you are applying for employment, your employment history, working eligibility information and referee details.

If you do not provide us with the information that we require, we may not be able to provide you with our goods or associated services or assist you in the manner you would like.

2. Other information we may collect

Other information we may collect is not personal information because it does not identify you personally, unless it is associated with your personal information (which we may do). This information includes:

• your product preferences and details of goods you have purchased from us
• your marketing preferences including the type of marketing material you wish to receive and the methods of delivery
• communications or personal contact with our employees or contractors and via our website including any other information you provide to us
• information we collect through cookies when you use a computer, tablet, or smart phone to interact with us.

3. Sensitive and unsolicited information

“Sensitive information” is “personal information”, but includes more delicate categories of information about an individual, such as health information, racial and ethnic origin, and religious or philosophical affiliations or beliefs. We do not collect or hold sensitive information about you.

If we receive personal information about you which we have not requested we may de-identify or destroy it if we determine that this unsolicited information is not reasonably necessary for or related to our business activities. We will do this to protect your privacy but without the need to notify you. Otherwise we will treat the information as “personal information” collected from you in accordance with this Privacy Policy.

4. How we collect personal information

We usually collect personal information from you directly but sometimes personal information may be provided about you by other persons.

Personal information may be collected in the following ways

• directly from you, such as when:
  • you communicate with us by any method (eg. telephone, email, SMS etc.)
  • you access and use our website, register as a member or sign up to receive marketing materials
  • complete a form, such as an Account Application Form, Director’s Guarantee, or credit application
  • when you order or return goods or make a warranty claim
  • when you connect with us through social media
• from other persons, such as from:
  • social media organisations after you connect with us
  • credit reporting bodies
  • entities which provide commercial credit references (eg. Dunn & Bradstreet) and other trade credit providers
  • people you authorise us to contact in relation to an account application
  • your nominated referees in an employment application
• or otherwise as you authorise us.

5. Credit reporting

From time to time, where permitted by the Privacy Act and the Credit Reporting Code, we may collect, hold, use and disclose certain credit and credit eligibility information about you, including:

• your name, current and previous addresses, driver’s licence number, date of birth and employer
• the fact that you have applied to us for an account, or to act as guarantor
• the type and amount of credit sought and any credit limit on your account
• your repayment history, including the amount of any payments due to us which are overdue for at least sixty days, and when steps have been taken by us to recover those overdue payments
• where an overdue payment has been previously reported, advice that the payment is no longer overdue
• default information, including cheques or credit card payments which have been dishonoured
• court judgments or bankruptcy orders made against you
• if, in our opinion, you have committed a serious credit infringement;
• when we cease to provide products or services to you
• publicly available information about you that relates to your creditworthiness in Australia or its external territories and
• other credit information that we are able to derive from the above information, such as an estimate of your creditworthiness.

In particular, this credit information may be collected from, or disclosed to, credit reporting bodies with an Australian link. You authorise us to disclose such information to credit reporting bodies to assist them with assessing your creditworthiness for the purposes of us considering an application by you for commercial credit, and to advise them of a default by you and to inform other credit providers who allege you are in default with them. You also authorise us to collect and use information from credit reporting bodies for the same purpose. We reserve the right to refuse or cancel the supply of products or services on the basis of a credit assessment of you. We may disclose your information to any person reasonably necessary for the purposes of that person taking an assignment of any contract the lender has with you.

If you believe you have been, or are likely to be, a victim of fraud you have the right to request that a credit reporting body not use or disclose your credit information. You can also request that a credit reporting body not use your credit information for the purposes of pre-screening or direct marketing by a credit provider.

6. Visiting our website

Our website is limited to browsing: you are not identified and no personal information is collected or stored about you. Our web server only collects anonymous information regarding the number of visitors to the site, the number of pages viewed and the pages most frequently viewed.

7. How we hold your personal information

We may hold the personal information we collect about you in either electronic or hard copy (ie. paper) form.

Hard copy information is retained in our files which are maintained in a secure environment onsite at our head office. Electronic information is stored on our computer systems, which are held on secure servers in controlled facilities.

8. Security

We endeavour to take reasonable measures to ensure your personal information under our control is protected from misuse, loss, unauthorised access, modification or disclosure.

9. Purpose of collection of your personal information

We only collect personal information if it is reasonable necessary for our business operations and other related purposes. Unless we get your consent otherwise, we will only use your personal information for the primary purpose for which it was collected, or a purpose related to that primary purpose. These purposes may include, but are not limited to (“the Purposes”):

• considering and if applicable, setting up and maintaining an account for you
• considering whether to extend credit and if so, on what terms, including assessing a customer or guarantor’s credit-worthiness
• managing our ongoing trading relationship, assisting you with credit queries and participating in the credit reporting system, including by assisting other credit providers to do the same
• recover overdue amounts
• providing you with goods and any associated services you request from us, including responding to warranty or other claims
• communicating with you about our goods, associated services and promotional activities
• creating purchase orders, tax invoices and other transactional documents
• administrative, marketing, research and product development and security purposes
• considering and responding to complaints
• complying with all applicable laws
• assessing your suitability for a position at Tomkin either as an employee or an independent contractor
• any other purpose you would reasonably expect.

10. Disclosure of your personal information

We may disclose your personal information to third parties such as (but not limited to the following persons):

• our related companies
• our employees, contractors, service providers or other persons (such as our IT or data service providers, publishers, mail houses, administrative service providers and couriers)
• our lawyers, accountants and other professional advisers.

We will only disclose your personal information to those third parties to the extent reasonably required in relation to the relevant Purpose for which it was collected or for a purpose related to that Purpose.

11. Direct Marketing

As part of our business activities and to promote our brands and the goods and associated services we supply, if you have consented or you would reasonably expect us to, we may use your personal information to provide you with direct marketing material.

If you have indicated a preference for a method of communication, we will endeavour to comply with this.

You can opt out of receiving such marketing material at any time by notifying us or using any provided opt out links.

We do not provide your personal information to other parties for their direct marketing purposes.

12. How you may access your information

You are generally entitled to access your personal information (including credit information) held by us. However, if your request is unlawful or may interfere with the privacy of another person or the request is otherwise unreasonable, we may refuse your request

If you wish to access your personal information, please contact our Privacy Officer by using the contact details provided below.

We will provide you with access within a reasonable period. If it is practical, we will provide your personal information via your preferred method. We will not charge you a fee for this.

If we refuse access, we will provide you with a notice explaining the grounds of such decision and provide you with details about how to make a complaint about this refusal.

13. Correction of your information

If you believe that any personal information (including credit information) about you held by us is incorrect, you have a right to request us to correct that information. Please contact our Privacy Officer to make this request.

We will deal with your request within a reasonable period.

If we do not agree with your correction request, we will provide you with a notice explaining the grounds of our decision and provide you with details about how to make a complaint about this.

14. Complaints

If you have any questions, comments or complaints about this Privacy Policy or how we handle your personal information (including credit information) please contact our Privacy Officer setting out the circumstances and reasons for your complaint.

We will respond to your complaint within a reasonable time having regard to the nature of it and all the circumstances.

If you are not satisfied with our response, you can contact us to discuss your concerns or lodge a complaint with the Australian Information Commissioner (www.oaic.gov.au).

15. Overseas disclosure of personal information

We may disclose your personal information to third parties based overseas where permitted to do so under section 10 above. However, before we do so, we will take reasonable action to ensure that the overseas recipient complies with the Australian Privacy Principles in relation to your personal information.

We do not expect to disclose credit information or credit eligibility information to entities that do not have an Australian link.

16. Contacts

If you have any questions or concerns about Tomkin’s Privacy Policy or any concerns or complaints regarding how we handle your personal information please contact our Privacy Officer:

The Privacy Officer PO Box 501

Double Bay NSW 1360 Phone +61 2 8665 4675

Email: Click to Send E-Mail

17. Effective date and changes to Privacy Policy

This is our privacy policy as at February 2020 but it may be amended in the future. Any amendments will be published on our website and will also be available on request to our Privacy Officer.