Privacy Policy Statement

Tutt Bryant Group Limited (ABN: 89 009 242 675) and its related entities (“Tutt Bryant ”) value and respect the privacy of your personal information. Tutt Bryant is committed to protecting your privacy and fully complies with the Privacy Act 1988 (Cth) (the “Act”) and its amendments, and the Australian Privacy Principles (APPs) set out in the Act, and any other privacy laws and regulations as applicable. Tutt Bryant reserves the right to modify or remove portions of this Privacy Policy at any time to ensure compliance with any legislative, legal or regulatory requirements or amendments.

In accordance with our regular business operations, we hold, disclose, and use your personal information only for the purposes intended. The Tutt Bryant Privacy Policy describes:

• the type of personal information Tutt Bryant collects;
• how Tutt Bryant collects, holds, uses, and discloses such information;
• the purpose for which Tutt Bryant collects, holds, uses, and discloses personal information;
• the security and accessibility of such information;

• Tutt Bryant’s procedures to investigate suspected or notified eligible data breaches; and
• how an individual can make enquiries about our compliance with the APPs and any personal information that we hold.

Kind of Personal Information we collect and hold

The information we collect depends on the nature of your interactions with Tutt Bryant. When used in this Privacy Policy, the term “personal information” has the meaning given to it in the Act. This includes information which assists us in conducting our business and providing and marketing our services. If the information that we collect personally identifies you, or you are reasonably identifiable from it, then we will treat that information as personal information.

We may also collect, and process non-personal information provided to us by your browser when you visit our websites or use our applications (for example the website you came from, your location information, IP address, web browser and/or device type and the time and date of access).

The personal information we collect depends on the nature of your dealings with us and/or what you choose to share with us including but not limited to;

• Personal information relating to our general business operations with whom we have business interests or relationships such as our customers, partners, vendors, contractors, suppliers, service providers, agents, and any others as applicable.
• We may collect:
  • Contact information: First name, family name, relevant addresses, date of birth, telephone / mobile, email address, gender, and any other information as applicable.
  • Identity information: First name, family name, profession or occupation, username, and password (as applicable), personal preferences, employment history, education, qualifications, testimonials and feedback, passport, driving license / state/national identity card, visa information, white card, Medicare information.
  • Financial information: Bank account, tax file number, credit information, superannuation details, Australian business number, Australian company number and any other information as applicable
• Location and time details – as a part of our day-to-day operation, we may collect, hold and analyse location and time related data from users to monitor/trace the equipment location and related activities.

How the personal information is collected

We may use various methods to collect personal information including:

• Directly from the individual (most likely scenario) – interactions through phone, in-person, online, surveys and questionnaires, events, and employment related forms.
• Other entities (companies, agencies, state, federal, commonwealth, legal, medical or others as applicable).
• Surveillance devices (highly unlikely – unless we deal with a potential security breach, and/or for legal purposes).
• Web browsing, all biometric, drones, security & identification systems, general publications.
• Any other as applicable (refer to the Act)

Process of consent

Before we collect personal information from you, we explicitly ask for your consent in electronic or paper format, and in rare circumstances, we may have your implied consent to handle your non-sensitive personal information for which we present you with an opt-out option for 30 days – after which we will consider that we have your implied consent to handle your non-sensitive personal information.

You can withdraw consent at any time, and post-withdrawal you would lose access of any form (employment, business, services or as applicable) with our entity.

Use of personal information

We do not use or process your personal information for any purpose other than for what we have collected or as required by law.

We use your personal information to:

• conduct our business;
• provide information about relevant products and services;
• provide customer support;
• fulfil contractual obligations;
• enhance the quality of our product and service line and customer support;
• comply with industry, legal and regulatory requirements;
• secure our IT, business and operations environments;
• improve our business and manage our operations;
• verify your credit suitability; and
• market our products and services.

Disclosure of personal information

As a part of our business operations, we may choose to disclose your personal information with other entities, individuals and agencies based in Australia and overseas.

The entities could include:

• Within our organisation.
• Information and Communication Technology product and service providers and partners within and outside Australia (only where applicable).
• Operations and maintenance contracting agencies.
• Professional advisors (legal, auditors etc).
• Government and regulatory agencies.
• Suppliers, consultants, banks, insurers, financial institutions, marketing agencies and as applicable.
• Prospective acquirers of our business.
• As required or authorised by law or enforcement body.

We may give your credit information to Credit Reporting Bodies (“CRB”) and seek from a CRB your credit reporting information.  Such information is used for assessing your commercial credit or a credit guarantee application.  Your information may also be disclosed to relevant third parties such as other credit providers (for a particular purpose), guarantors, and other recipients as permitted under the Act. The way we provide goods and services to our customers may be affected by the information we hold.  For example, if you did not provide a properly completed credit application, we may be unable to extend credit facilities.

Transfer of personal information overseas

Some of the third-party service providers we disclose personal information to may be based in or have servers located outside of Australia.

Where we disclose your personal information to third parties overseas, we will take reasonable steps to ensure that data security and appropriate privacy practices are maintained.

We will only disclose to overseas third parties if:

• you have given us your consent to disclose personal information to that third party; or
• we reasonably believe that:
  • the overseas recipient is subject to a law or binding scheme that is, overall, substantially similar to the APPs; and
  • the law or binding scheme can be enforced; or
• the disclosure is required or authorised by an Australian law or court / tribunal order.

Retaining and deleting personal information

Any personal information that is no longer needed to be retained will be deleted from all our systems. We shall retain only such personal information if it is required for the original purpose of its collection or as mandated by relevant legal requirements, in such cases the individual or entity shall be duly informed. We take reasonable steps to destroy your personal information (and any unsolicited information) as soon as we no longer use it for the intended purposes unless otherwise required by law to retain such information.

Security of your personal information

We consider securing your personal information our top priority, and we maintain (and introduce or improve where applicable) several controls, standards, and measures to reasonably protect such information from interference, loss, unauthorised access, modification or disclosure, given we cannot guarantee such systems are not totally free from security breaches. Accordingly, while we seek to protect your personal information by implementing digital security systems in various parts of our website, Tutt Bryant Group cannot accept responsibility for the security of information you send to or receive from us over the internet or for any unauthorised access or use of that information. Except to the extent liability cannot be excluded due to the operation of statute, Tutt Bryant Group excludes all liability (including negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of personal information. Nothing in this Privacy Policy restricts, excludes, or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth). We also maintain confidentiality contracts with our 3rd party service providers and vendors with applicable confidentiality requirements to protect any of your personal information that may be disclosed with such entities.

Website Privacy

We are committed to the security and privacy of information collected, stored, accessed, and used by our website in accordance with the Act and APPs. We have implemented multiple internal policies to meet the requirements of website privacy in the collection, storage, access, and use of information on our website.

We have employees and departments responsible for continually reviewing and managing the website and intranet, ensuring our business needs are met whilst maintaining information accuracy, privacy and security of information, and complaints handling. The following controls have been implemented for public website and extranet use:

• Public Extranet:
  • Accessed and used by the public, therefore information about individuals, external stakeholders, TBG, and other entities shall be subject to consent and be limited to key existing or past projects and achievements, key contacts, news and announcements, and other useful links etc.

• Website General:
  • Cookies and personal information may be collected from external stakeholders and individuals accessing the website, which can be used for statistical purposes, continual improvement, and marketing. Cookies and personal information collected can be:
    • The user’s service address and top-level domain (.com or .au).
    • Date and time of a user’s visit.
    • The actual pages accessed and downloaded by the user.
    • The type of browser or search engine used.
    • Name, email address and contact details (when expressly provided).
    • Marketing will only occur from TBG itself and distributed to website users under consent and will not be distributed if the user specifically opts out.
    • User information collected will be stored securely, used only by TBG roles involved in the information processing of it, or (when appropriate) to consult with an interested party (e.g., credit reporting body, or another credit provider), as permitted under law.
    • TBG will take reasonable steps to ensure that information collected, used, and disclosed is accurate, updated and not misleading.

Tutt Bryant Heavy Lift & Shift Resources and Downloads

This clause is solely applicable to the Tutt Bryant Heavy Lift & Shift Resources and Download section of the Tutt Bryant Group Limited website (www.tuttbryant.com.au) (“The Website”).

User(s) may choose to deactivate their account and not be contacted by the Heavy Lift & Shift specialists at any time by notifying us at webupdates@tuttbryant.com.au.

User(s) who have notified us to deactivate their account will still have full access to the Resources and Download section of the website until the end of the month in which they have notified us. The account will be deactivated on the first day of the month following the account deactivation notice.

Deactivating accounts will also cease the unlimited access of the user(s) to the Tutt Bryant Heavy Lift & Shift Resources and Download section of the website.

If you wish to stop receiving email marketing communications, you can opt-out from our mailing list by clicking ‘unsubscribe’ in the email footer.

Every registration will be treated as a new registration, including those user(s) who previously chose to deactivate their account, where this Tutt Bryant Group Privacy Policy will apply.

Links to third party sites

Our website(s) may contain links to websites operated by third parties. Any personal information collected by such third-party website comes under the jurisdiction (legal or otherwise) of that website and their privacy practices. We make no representations or warranties, and we are not responsible for breaches in relation to the privacy practices of any third-party provider or website. Third party providers / websites are responsible for informing you about their own privacy practices and we encourage you to read their privacy policies.

Application of European privacy laws

If you are an individual in a country in the European Economic Area (“EEA”), we may be required to comply with the EU General Data Protection Regulation 2016/679. This applies to us when processing the personal information of individuals who are in countries in the EEA in relation to offering you our equipment or services or if we monitor any of your behaviour when in those countries.

Accessing and correcting your personal information

Under the Act and APPs, you have the right to access your personal information and we make it accessible to you via email. We will require you to verify your identity and to specify what information you require. If a fee is charged for providing access, you will be advised of the likely cost in advance. Such information could be made available within 30 business days post request. In rare circumstances we may refuse certain parts of your personal information, this is in cases where release of such information may breach privacy of other individuals or entities and we shall duly inform you the reasons for refusal. Also, you may choose to correct / modify /delete parts of your personal information without compromising the accuracy of such critical information as banking details, addresses and communication details, license and certification details etc. Any such correction requests may be responded within 30 business days.

Complaint process in case of any unlikely privacy breach

Our commitment to you is that we will not sell, rent or trade to third parties any personal information obtained from you unless you provide consent. Tutt Bryant may provide information about you to related corporate bodies for the purposes of sending you material about the goods and services they offer, but such activities will not include any personally identifiable information.

If you believe your personal information is under breach, please contact our Privacy Officer at privacy@tuttbryant.com.au and we will respond to you at the earliest.  You may request that your information is deleted from our records or request that relevant amendments are made. We may also initiate an investigation depending on the severity of the breach while notifying you of the outcome.

If you have questions about privacy-related issues or wish to file a complaint about the handling of your personal information by Tutt Bryant Group, please contact our Privacy Officer in writing at:

The Privacy Officer
Tutt Bryant Group Limited
Locked Bag 3001
Auburn NSW 1835
privacy@tuttbryant.com.au

Alternatively, to make a compliant about our handling of your personal information, you may contact the Office of the Australian Information Commissioner at foi@oaic.gov.au or by visiting the site https://www.oaic.gov.au/about-us/contact-us

Current as of July 2023.