[ Privacy ]

WESTERN EARTHMOVING PRIVACY POLICY AS AT 1st October, 2017

Western Earthmoving Pty Ltd ABN 91 000 234 140 (together with its successor and assigns, “Western Earthmoving”, “we”, “us”, “our”) is committed to protecting and respecting your privacy, and takes its obligations under the Privacy Act 1988 (Cth) very seriously. As a result, Western Earthmoving has implemented practices, procedures and systems to comply with its legal obligations and, in particular, to:

  • maintain the confidentiality and security of personal information it collects and holds; and
  • manage its systems, practices and procedures in an open and transparent way.

By “personal information”, we mean information or an opinion about an identified individual or about an individual who is reasonably identifiable from the information.

This Policy sets out how we handle personal information we collect and hold. This Privacy Policy should be read in conjunction with any agreements we may have with you, such as if you have purchased a Western Earthmoving product or service, as that agreement may set out further assurances in relation to privacy and security.

  1. What personal information does Western Earthmoving collect and hold?

The kinds of personal information we may collect and hold are:

  • contact details (including email addresses);
  • names;
  • gender; 
  • age-range;
  • credit card and bank account details;
  • personal information in answers to security log-in questions and survey questions; 
  • details of your visits to our site (including traffic and location information, which pages you visit, weblogs and other communication information); and
  • educational qualifications, employment historical and referee reports.

Also, when you visit our site, we may collect information about your computer (including your IP address, operating system and browser type) and the date and time of your visit.

We do not keep all of the above information for all people who contact us, or with whom we deal. In many cases, we may have only one or two pieces of data relating to any particular person.

  1. Why does Western Earthmoving collect and hold personal information?

We collect and hold personal information for a variety of purposes – and different kinds of personal information are used for different purposes.

In each case, however, the personal information we collect and hold is reasonably necessary for our functions and activities, including to provide you with services you would expect from us. These purposes are:

  • to provide you with news and information (including about employment opportunities with us), products or services that you request from us or which we believe may interest you;
  • for purposes necessary or incidental to providing you with products and services that you have ordered or requested from us;
  • to personalise and customise your experience when using our site (including so that our site is presented in the most effective manner for you and for your computer);
  • to communicate with you (including by email, mail or telephone, and including in relation to changes to our products and services);
  • to manage and enhance our products and services;
  • to facilitate any payment you have agreed to make for our products or services;
  • for system administration;
  • for network analysis and security;
  • to allow you to participate in interactive features of our site that may be available;
  • to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are, have been or may be engaged in any unlawful activity; and
  • as required or permitted by any law (including privacy legislation).

Sometimes, when collecting information from you, we may also ask you to “opt-in” to consent to us using or disclosing your personal information other than in accordance with this Privacy Policy or any applicable law. As part of our commitment to protecting your privacy, however, you will also be given the opportunity to “opt out” from receiving communications from us or from third parties that send communications to you in accordance with this Policy or in accordance with any additional consent you give, and we will comply with your decision. (You will be able to “opt out”, for example, by clicking on an “unsubscribe” link at the end of an email, or by contacting our Privacy Officer.)

  1. How does Western Earthmoving get the personal information it collects and holds? 

Western Earthmoving only collects personal information by fair and lawful means, including when people:

  • order or download files or other products from us;
  • enter any of our competitions or promotions;
  • respond to surveys;
  • fill in contact, registration and order forms on our site;
  • browse our site (we use cookies to ensure you have the best experience when browsing);
  • post material to our site or to social media that we use (such as Facebook and Twitter);
  • contact us for assistance or with questions, or report problems with our site or with a product; and
  • contact us directly, other than through our site or social media (for example, by email).

We prefer to obtain any personal information we collect directly from you. In some cases, however, it may be unreasonable or impracticable to obtain personal information directly, and we may obtain that information from someone else. 

If you are concerned about what personal information we may hold about you, please see below for information on how you can access and (if necessary) correct that information.

  1. Can I interact with Western Earthmoving anonymously or under a pseudonym?

In many cases, you will need to provide your real name when interacting with us. This will particularly be the case when you are purchasing something from us.

You may however – wherever lawful and practicable – use a pseudonym (or simply not identify yourself) when dealing with us. For example, if you have a complaint or concern about our site, or a general question about any of our products or services, you are welcome to contact us without identifying yourself. In some cases, however, if you do not provide us with information, we may not be able to provide you with our products or services, or respond adequately to you.

For clarification on when you must identify yourself, please contact our Privacy Officer. (You may use a pseudonym – or simply not identify yourself – when making such an enquiry.)

  1. Who has access to my personal information?

Generally, only our staff will access your personal information, and then only on a “need to know” basis.

We may, however, also disclose your personal information:

  • to people who work for or with us or for one of our suppliers, who may be engaged in, among other things, filling orders, processing payments, marketing, research and providing support services;
  • to enforce or apply our terms of use or where you have otherwise been engaged in (or threatened) any unlawful activity, and we reasonably believe that disclosure is necessary to the police, any relevant authority or enforcement body, your internet service provider, your employer or supervisor or network administrator;
  • to protect the rights, property, health or safety of Western Earthmoving or its staff, customers or others (including exchanging information with other companies and organisations to protect against fraud and to reduce credit risk);
  • to our agents, business affiliates, joint venture entities and other partners (including any holding company or subsidiary, our ultimate holding company, and its holding companies and subsidiaries, as defined in section 50 of the Corporations Act 2001 (Cth);
  • as part of a sale (or proposed sale) of all or part of our business;
  • to anyone else that you specifically authorise us to receive information held by us; or
  • as otherwise required or permitted by law (including under privacy legislation).

While we try to link only to websites that share our high standards and respect for privacy, we are not responsible for the privacy policy of any other web site to which you provide personal information.

  1. How can I access (and, if necessary, correct) personal information that Western Earthmoving collects and holds about me?

If you want to review (and, if necessary, correct) personal information that Western Earthmoving may have collected and holds on you, please contact our Privacy Officer.

We will respond to your requests to access and to correct your personal information as soon as possible (but in any case within a reasonable period).

  1. How can I complain about Western Earthmoving if it breaches any applicable privacy principles or any registered code that binds it?

Contact our Privacy Officer if you have any complaints about breaches by Western Earthmoving of any applicable privacy principles or of any registered code that binds it.

  1. How will Western Earthmoving deal with complaints I might have about breaches of applicable privacy legislation or any relevant registered code?

We will treat any complaint about a breach of privacy legislation or any relevant registered code seriously, and will investigate any breach of which we become aware – including how it occurred and how best to prevent such a breach occurring again.

  1. What steps does Western Earthmoving take to secure personal information? 

We take all reasonable steps to ensure that your personal information is treated securely and in accordance with this Policy and is not subject to misuse, interference or loss, or unauthorised access, modification or disclosure. For example, apart from using secure servers (with application level security and restricted logins), we implement firewalls. Where relevant, we also impose limits on who can access personal information. Please note, however, that the transmission of information (including over the Internet) is never completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information – particularly while it is being transmitted to us – so any transmission is at your own risk and we cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not within our control.

If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.

If we have given you (or where you have chosen) a password which enables you to access our services or parts of our site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

  1. Does Western Earthmoving disclose personal information to people or organisations outside Australia?

Western Earthmoving holds personal information securely on servers located only in Australia. 

We will not transfer your personal information overseas to a country that is not subject to a comparable privacy scheme or to an organisation that does not implement privacy obligations at least comparable to the obligations that apply in Australia.

  1. Does Western Earthmoving ever change its Privacy Policy?

We will review our Privacy Policy from time to time, to ensure it is in line with best practice and up-to-date with any legislative changes.  Any changes to our privacy policy will be incorporated into a new version and made available online. Our use of your personal information will be governed by our most recent policy.

Please contact our Privacy Officer if you have any questions, comments or requests in relation to this Privacy Policy.

  1. Who do I contact at Western Earthmoving about privacy issues?

Contact our Privacy Officer by email on privacy@wem.com.au, if you have any concerns about privacy issues, including in relation to how Western Earthmoving is dealing with your personal information or how it is being held.

Please also contact our Privacy Officer if you want to review and/or correct any personal information we hold about you, or if you receive communications purporting to be connected with Western Earthmoving or our services that you believe have been sent other than in accordance with this Policy or in breach of any law.


 

[ terms of use ]

WEBSITE TERMS AND CONDITIONS AS AT [DATE]

Please carefully read the terms and conditions set out below. They state:

      1. how you may use the Western Earthmoving Pty Ltd (together with its successors and assigns, “Western Earthmoving”, “we”, “us”, “our”) website (the “Website”) and
      2. our limitations of liability.
  1. Terms & Conditions
    1. These terms and conditions (the “Terms”) govern your use of the Website, including:
      1. your access to the Website;
      2. your uploading and/or downloading of any materials to or from the Website; and
      3. any information product or service accessed or supplied from, on or via the Website.
    2. By using our Website, you confirm that you agree to comply with the Terms. If you do not agree to be bound by these Terms, please do not use the Website or any product or service accessed or supplied from, on, via or by us or the Website.
    3. The Terms apply in addition to (and do not derogate from) any other terms or conditions that expressly apply to a specific product or service accessed, supplied, purchased from, or provided by or via us or the Website.
    4. Our Privacy Policy is incorporated into the Terms.
  1. Changes to the Terms
    1. We may update the Terms from time to time. Amendments to the Terms will be effective from the date the revised Terms are made available on this page. You are responsible for checking for each amended set of terms. To make this easier, each version will be dated with the date on which it commences.
  2. Licence
    1. You may view, download or print material from this Website for your personal use only or, if you are in an organisation, for the purpose of assessing whether or not to purchase a product or service from us. You may also reproduce and communicate to the public (but must not alter in any way) material from this Website by posting to any social media platform to which we provide a direct link (being Facebook, LinkedIn, Reddit, Pinterest, or Squarespace) for the purpose of sharing the material provided any such use does not in any way bring us into disrepute or is otherwise derogatory. 
    2. For clarity, the licence in clause 3.1 is non-exclusive and non-transferable.
  3. The Website
    1. We retain and reserve all right, title and interest (including copyright) in the Website and in all components and elements of the Website.
    2. We may change the Website (including by removing or adding content, links and other URLs) and make the Website inaccessible, or modify, discontinue or upgrade the Website at our discretion, without notice and without liability to you or anyone else.
    3. The content on the Website is provided for general information only and is offered on an “as is” basis. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of the Website.
    4. You are responsible for:
      1. making all arrangements (such as for software, hardware and internet connectivity) that may be necessary to gain access to the Website (when available) or any content on it;
      2. making all arrangement to protect your software, hardware and internet connectivity from any bug or virus by using your own virus protection software; and
      3. ensuring that all persons who access the Website through your internet connection are both aware of these Terms and comply with them.
    5. If we enable you to post material on the Website (such as photos or comments):
      1. you agree only to post material which you own or control and which does not infringe the rights of others and which does not breach any laws;
      2. you grant us an exclusive, world-wide, perpetual, irrevocable, sub-licensable, transferable licence to use, reproduce, adapt, publicly perform and communicate to the public that material, including by any and all means and media (whether now known or existing in the future);
      3. you promise that you have the right to grant such a licence and you promise that our use of the material in accordance with that licence will not infringe the rights of any person;
      4. you agree that we will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our Website;
      5. you agree not to take any action against us based on or in any way related to content you or some other person posting material to the Website has uploaded or otherwise made available;
      6. you acknowledge that in exercising any rights granted by you to us under this clause we are not required to attribute you as the author of material, we may attribute others as the author of it and that the material will be considered non-confidential and non-proprietary; and
      7. subject to our Privacy Policy and at our complete discretion (for any or no reason) we may delete, edit, change or deal with all or any part of that material in any manner (including for promotional purposes).
    6. We have the right at any time to disable any user identification code or password (whether chosen by you or allocated by us) of in our reasonable opinion you have failed to comply with any of the provisions of the Terms.
    7. Where the Website contains links to other sites and resources provided by third parties, these are provided for your information only, and you acknowledge that we have no control over the content of those sites or resources.
    8. If you use the Website in breach of the Terms, your right to access and use the Website will immediately cease.
  4. Further Promises and Indemnities
    1. Except as expressly permitted by law, or as expressly authorised by us in writing, you agree not to:
      1. reproduce or communicate to the public any of the materials available on the Website other than in accordance with these Terms;
      2. modify any materials you print, copy or download from the Website;
      3. reverse engineer, access the source code of, or otherwise deal with the Website without our express written permission;
      4. use any device, software or routine to interfere or attempt to interfere with the proper working of the Website (including by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful);
      5. attempt to gain unauthorised access to the Website, the server or servers on which the Website is stored or any server, computer or database connected to the Website;
      6. attack the Website via a denial-of-service attack or distributed denial of service attack;
      7. remove any copyright notice or metadata from the Website or from any product or service that we provide to you;
      8. systematically download material from the Website in aggregate quantities to store it for uses other than permitted under clause 3.1;
      9. take any action which imposes an unreasonable or disproportionately large load on the Website or our infrastructure;
      10. use any part of the content of the Website for commercial purposes; or
      11. disclose to or share with any person or entity any password or log-in details with which we may provide you, or use your password or log-in details for any unauthorised purpose.
    2. You agree to:
      1. comply with all relevant laws relating to the use of the Website and relating to any product or service you purchase or otherwise acquire from us;
      2. promptly notify us at privacy@wem.com.au if you know or suspect that any person not authorised by us knows any user identification code or password we have allocated to you or that you have chosen to use in relation to the Website and/or our products or services; and
      3. indemnify us against any and all liability, loss, damage, cost or expense, caused by any breach by you of any provision of these Terms.
    3. You warrant that, subject to any obligations in relation to privacy (including our Privacy Policy) any account or personal information you provide is accurate.
    4. By continuing to use the Website, you agree to us installing cookies. If you do not agree to us installing cookies, you should look to amend your browser preferences accordingly, and also expect that not all features of the Website will work optimally for you.
  5. Our liability is limited
    1. Unless expressly stated otherwise, we make no warranties, express or implied, in relation to the Website or the services supplied through this Website, including but not limited to warranties of accuracy, reliability, merchantability or fitness for a particular purpose.
    2. We do not make any warranties that the Website will be available, complete, up-to-date, uninterrupted or free from errors, omissions, bugs or viruses.
    3. To the maximum extent permitted by law and save as expressly stated in these Terms, all other express or implied terms, conditions, warranties, statements, assurances and representations in relation to the sites and/or any content on the Website arising from these Terms are expressly excluded.
    4. If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Terms, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of any applicable goods or service, or the supply of equivalent goods or an equivalent service.
    5. In no event will we (including our agents, employees or contractors) be liable for any direct, indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption, however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of our performance or non-performance of these Terms and including any such loss:
      1. caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it or on any websites linked to them; or
      2. that may arise from your use of websites to which our Website links (such links not to be interpreted as endorsement by us of those linked websites or of any goods or services offered on or through them).
  6. General
    1. Any failure by us to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
    2. These Terms contain the entire agreement between you and us relating to the Website and supersedes any prior agreement. The validity, construction, breach and operation of these Terms shall be governed by the laws of and shall be adjudicated in the State of New South Wales.
    3. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
    4. In the interpretation of these Terms, unless the context otherwise requires:
      1. words and phrases defined in the Copyright Act 1968 (Commonwealth) have the corresponding meaning;
      2. clause headings shall be disregarded; and
      3. words importing the singular include the plural and vice versa.
    5. Neither these Terms nor your use of the Website create any agency, partnership or employee/employer relationship between you and Western Earthmoving.
    6. Any notices required or able to be given by us under this Agreement may be given by email to any email address you provide to us. Any notices required or able to be given by you may be sent to privacy@wem.com.au.