PRIVACY POLICY

1. POLICY

  1. In this Privacy Policy:
    1. “APPs” means the Australian Privacy Principles pursuant to the Privacy Act 1988 (Cth) (“Privacy Act”);
    2. “personal information” means any information, including any opinion, about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in material form or not; and
    3. “sensitive personal information” is personal information which is given a greater level of protection under the APPs.
  2. EMIER Corporation Pty Ltd ABN: 53 636 103 976 (hereafter referred to as “Emier”, “our”, “us” or “we”, as the context may require) is committed to maintaining the privacy and confidentiality of personal information of our customers and others that we deal with. We believe that the responsible use of personal information collected is critical to our business objectives and reputation.
  3. We are subject to the Privacy Act and will adhere to the APPs, along with data protection legislation, when collecting, using, disclosing, securing, correcting, updating and providing access to personal information.
  4. As part of our commitment to privacy, we have adopted this Privacy Policy which deals with the management of personal information.
  5. The contents of this Privacy Policy are subject to change from time to time and are not intended to create a contract between ourselves and any individual/entity that provides us with personal information. Changes to this privacy policy will be published on the website or via email. This privacy policy was last updated in August 2023.
  6. In the event of any inconsistency between the terms of this Privacy Policy and the provisions of the Privacy Act, the provisions of the Privacy Act will prevail.

2. PERSONAL INFORMATION COLLECTION

  1. We may invite you to register with us or to provide information about yourself. The extent and type of personal information we receive from you depends on the information you provide to us through our contact mailboxes, through our registration process, through our website, through our social media pages (Facebook, Instagram, Twitter, LinkedIn, WeChat or Xiaohongshu) and/or when you request services or make enquiries.
  2. In order for us to provide you with products or services or otherwise to deal with you we generally require your name, email address, postal address, phone number and other contact details. The types of personal information which we collect will depend on the circumstances of its collection and the nature of your particular dealings with us. In general however we collect personal information for marketing to identify your needs so we can provide you with the appropriate products or services, statistical analysis, dealing with queries, dealing with complaints, maintaining records, business arrangements and accounts payments.
  3. If you access any of our services through a social network site or application including (but not limited to) Facebook, Instagram, Twitter, LinkedIn, WeChat and Xiaohongshu, we will collect limited information provided to us by that social network site, such as user name, site ID and email address.
  4. The use of our website and other services is conditional upon you agreeing to be bound by this Privacy Policy and indicates that you agree that we may collect personal information about you, create a database record and may disclose this information to our service providers, or use it to contact you with information about our products and services, unless you have stated that you do not wish to receive these communications.
  5. Where it is lawful and reasonable to do so, you can remain anonymous or use a pseudonym if you wish however it may reduce the type and quality of products or services we will be able to provide.
  6. Generally speaking you are not obliged to provide us with personal information. However failure to do so may impact on the products or services that we can provide. Further, if you choose not to supply information appropriate to the task or service required, it may mean that we are unable to transact business with you or provide you with an appropriate level of service.

3. CHILDREN’S PRIVACY AND SENSITIVE PERSONAL INFORMATION

  1. We understand the importance of protecting children’s privacy. Our website and our Facebook, Instagram, Twitter, LinkedIn, WeChat and Xiaohongshu pages are not intentionally designed for or directed at children under the age of 13 years. It is our policy never to knowingly collect or maintain information about anyone under the age of 13. In the event that we have collected personal information from a child under the age of 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.
  2. Personal information that we collect and use may also be sensitive personal information and we are required to ensure that sensitive personal information is only collected with your consent and that reasonable steps are taken to ensure the appropriate use, disclosure and protection of your sensitive personal information. We only collect sensitive personal information where we are permitted to do so under the APPs and if such information is necessary to provide our products or services to you or where we are required to collect this information by law. We may also collect and use Government identifiers where authorised to do so by law. We will only use this information where we are required to do so by law or in order to properly identify you or your property.

4. USE AND DISCLOSURE OF PERSONAL INFORMATION

  1. We use the personal information which you provide to deliver products or services most suited to your needs. We will not use your personal information for purposes other than those set out below without your consent or unless that use is authorised under the Privacy Act.
  2. We use your personal information to respond to your requests to provide you with information about our products and services and to provide any of our products and services. For example, if you send us an email message requesting information about our business, we will use your email address and other information you supply to respond to your request.
  3. We may use your personal information to inform you about our other products, services or locations from time to time, however we will give you an opportunity to decline to receive such communications.
  4. The personal information you provide to us will be retained only for as long as necessary to fulfil the purposes for which the information was collected or as required by law.
  5. We do not share personal information with third parties except as necessary to provide our products and services, as required by law or other legal processes or otherwise in accordance with this Privacy Policy and we never sell your personal information.
  6. Personal information collected by us may be transferred to our external service providers or other third parties (such as consultants, advisers or suppliers) where it is necessary to meet the purpose for which you have submitted the information. By submitting data to us electronically, you are providing explicit consent to trans-border transmission of data collected via our website or via our Facebook, Instagram, Twitter, LinkedIn, WeChat or Xiaohongshu pages.
  7. In some circumstances, personal information may be provided to us by third parties or other organisations conducting activities on your behalf. If it is assumed that you have provided consent for your personal information to be used and disclosed to us this way. Where we collect personal information about you from a third person, we will take reasonable steps to ensure that you are aware that we hold such personal information and that it will be managed in accordance with this Privacy Policy.
  8. From time to time, our website may contain links to other websites, resources and affiliates of Emier, which may have a different privacy policy to us.  Accordingly, you should check the privacy policies on their respective websites/applications.

5. DATA QUALITY AND ACCESS

  1. We take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. We may ask you to inform us of any changes to your personal information.
  2. You can contact us at any time to view and update your information as and when required. You can also advise us of changes by email, telephone or letter.
  3. In certain instances we may not be required or able to provide you with access to or to correct your personal information. If this occurs we will give you reasons for our decision not to provide you with such access or correction of your personal information.
  4. All requests for access and/or correction will be processed within a reasonable time. In some situations, you may be able to access and correct your personal information directly through our website. In order to protect your personal information we may require identification from you before releasing the requested information.
  5. There is no applicable fee for making a request to access your personal information. However we may charge an administrative fee for the provision of information in certain circumstances such as if you make repeated requests for information or where the information is held by a third party provider.

6. COOKIES AND OTHER DATA COLLECTED

  1. We use third-party analytics tools to help us measure traffic and usage trends for our website. These tools collect information sent by your device or our website or other sites, including the web pages you visit, add-ons, and other information that assists us in improving our website. We collect and use this analytics information with analytics information from other users so that it cannot reasonably be used to identify any particular individual user.
  2. “Cookies” (being small text files placed on your computer when you first visit our website) are used on some parts of our website. Most browsers now recognise when a cookie is offered and permit you to refuse or accept it. If you are not sure whether your browser has this capability, you should check with the software manufacturer or your internet service provider.
  3. Cookies are primarily used to enhance your online experience and are not used to track the navigational habits of identified visitors, unless we obtain your permission to do so. If you visit our website to read or download information, much of the information we do collect is statistical only (for example the domain from which you access the internet, the date and time you access our website and the internet address of the website from which you linked directly to our website) and is not personally identifiable. We use this information about the number of visitors and their use of the sites in aggregate form to make our website more useful and attractive to visitors.
  4. Our website is hosted by an external service provider and we may also use the services of other online service providers from time to time. Our service provider’s use of cookies is not covered by this Privacy Policy.
  5. Log file information is automatically reported by your browser each time you make a request to access (i.e. visit) a web page or app. It can also be provided when the content of the web page or app is downloaded to your browser or device. When you use our website, our servers automatically record certain log file information, including your server address, your domain name, date and time of your visit to our website, pages you accessed and the information or documents you downloaded and the type of browser you used. We may also collect similar information from emails sent to our users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the services provided by us.
  6. When you use a mobile device to access our service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers”. Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Emier. A device identifier may deliver information to us or to a third party partner about how you browse and use our service and may help us or others provide reports or personalized content. Some features of our website may not function properly if use or availability of device identifiers is impaired or disabled.

7. OVERSEAS TRANSFER OF PERSONAL INFORMATION

  1. We may use internet service providers that have servers located overseas, including social media and cloud service providers. This means that your personal information supplied to us through our website or our social media websites may sometimes be transferred overseas.
  2. If you elect to provide personal information to us through any of our online services you are deemed to consent to the overseas transfer of such information.
  3. Apart from the above we will only transfer your personal information overseas if we are required to do so by law, or we reasonably believe that the recipient will be required to uphold privacy principles which are similar to the APPs, or you have consented to the transfer, or it is not practical to obtain your consent or the transfer is for your benefit and your consent is likely to be given, or the transfer of the information is necessary for the performance of a contract between you and us, or we have taken reasonable steps to ensure that your personal information will not be held, used or disclosed by the overseas recipient which does not comply with the Privacy Act and/or the APPs.

8. DATA SECURITY AND PROTECTING PERSONAL INFORMATION

  1. We have technological and operational security policies and procedures in place designed to provide reasonable protection against misuse and loss, and from unauthorised access, interference or modification, disclosure or unintentional destruction.
  2. Our personnel who have access to personal information have been trained to maintain the confidentiality of such information.
  3. We also take reasonable steps to destroy or permanently de-identify personal information if we no longer require this information. In some circumstances, however, your information can never be completely destroyed due to legal or accounting requirements or where it is held on a database. Our website does not provide facilities for the secure transmission of information across the internet. You should be aware that there is an inherent risk transmitting information across the internet.
  4. Due to the nature of electronic communications and the public internet, we cannot guarantee that personal information will be protected against unauthorised access or misuse. We do not accept any liability for breaches due to human error, malicious or inadvertent disclosure, technology flaws or malfunction, or the improper actions of unauthorised third parties. 

9. OPTING IN AND OUT

  1. You may choose to opt out from receiving marketing communications from us at any time. If you do not wish to receive emails or material containing marketing and promotional content from Emier, you will be given the option to unsubscribe by clicking on an unsubscribe link at the end of an email.
  2. If you receive communications purporting to be connected with us or services that you believe have been sent to you other than in accordance with this Privacy Policy or in breach of any law, please write to us at The Block Arcade, 282-284 Collins Street Melbourne 3000, Australia.
  3. We may also contact you to provide you with information about our products and services through our direct marketing systems. You may opt out of receiving such promotional material at any time by contacting us.

10. FURTHER INFORMATION

  1. We recognise our responsibility for protecting the privacy of your personal information. If you have questions or comments about our administration of your personal information, please contact us at support@emier.com.au or The Block Arcade, 282-284 Collins Street Melbourne 3000, Australia. You may also use this address to communicate any concerns you may have regarding compliance with our Privacy Policy.
  2. If you are not satisfied with how we handled your complaint, you can lodge a complaint with us or with the Office of Australian Information Commissioner at www.oaic.gov.au or on 1300 363 992.