Introduction

This privacy policy (“Privacy Policy”) specifies how Tsurumi Australia Pty Ltd ACN 632 173 650 (“Tsurumi”, “us”, “we” or “our”) collects, stores, uses and discloses your personal information. By ordering our products, completing an application for a credit account with us, applying to become a distributor, using our website, making use of our services or applying for a job with us, you accept this Privacy Policy.

We may amend this Privacy Policy from time to time as our business requires or the law changes. If we do, the new Privacy Policy will be posted on, or notified via, our website. By continuing to interact with us following such amendments, including by ordering our products or using our website, you will be deemed (subject to applicable law) to have agreed to the amendments to the Privacy Policy.

You must not provide us with your personal information if you are under the age of 18. We do not knowingly collect or process personal information of children.

Dated 20^th June 2022

1.     PERSONAL INFORMATION

When used in this Privacy Policy, the term “personal information” has the meaning given to it in the Privacy Act 1988 (Cth) (“Privacy Act”). In general terms, it is any information that can be used to personally identify you.

2.     PERSONAL INFORMATION WE COLLECT

Information you give us

2.1       The types of personal information that we collect about you will depend on our relationship with you, the circumstances of collection and / or the type of products and services you request from us. The personal information may include (but is not limited to):

a)        your name, gender and date of birth;

b)        your contact details including your email address, postal / delivery address and telephone / mobile number;

c)        billing information and credit card information;

d)  consumer credit information including the information that you provide in a credit account application form;

e)        details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;

f)         information you provide to us through our service centre, customer surveys or discussions with our representatives from time to time; and / or

g)        additional information relating to you that you provide to us directly or indirectly.

2.2       If you apply for a job with us, we may collect the following personal information, in addition to the information referred to in paragraph 2.1:

a)        citizenship status;

b)        curriculum vitae or resume;

c)        employment history;

d)        academic records and qualifications; and

e)        referee details and comments made by referees about you.

3.     HOW WE COLLECT PERSONAL INFORMATION

3.1       We may collect personal information about you:

a)        if you order our products;

b)        if you complete an application for a credit account with us;

c)        if you apply to be, or express interest in becoming, a distributor;

d)        if you use our website or make use of our services;

e)    if you send us an email / message or otherwise interact with us including during conversations between you and our representatives; and / or

f)         if you apply for a job with us.

3.2     We may also collect personal information from third-parties including distributors, agents, contractors and business partners.

3.3   We use a range of social media channels (“Social Media”) to distribute news, announcements, promotions and to address community enquiries. If you submit or post comments, images, tweets, recordings or other personal content for public display on Social Media, that information may be available for anyone in the world to read, view or comment on. We are not responsible to you for the information handling practices of Social Media.

3.4      If you provide information to us about a third party (including a friend, family member, colleague and / or associate), you must ensure that you are entitled to disclose that information to us and that, without the need to take further steps pursuant to privacy laws, we may collect, use and disclose such information for the purposes set out in this Privacy Policy. The party concerned should be aware of this Privacy Policy and consent to how we will use the information relating to them as set out in this policy. 

4.     HOW WE USE YOUR PERSONAL INFORMATION

4.1       We may use your personal information for the following purposes:

a)        to set up and administer your credit account;

b)        to verify your identity;

c)        to assess your creditworthiness;

d)        to provide our products and services to you (including via our agents and distributors);

e)        to provide you with news, information or advice about our existing and new products and services;

f)         to communicate with you including by email, mail or telephone;

g)        to manage and enhance our products and services;

h)        to personalise and customise your experience;

i)          to process any job application you submit;

j)          to conduct competitions or promotions on our behalf or that of selected third-parties;

k)        to conduct business processing functions for operation of our websites or our business;

l)    for our administrative, marketing (including direct marketing), promotional, planning, product / service development, quality control and research purposes, or those of our contractors or external service providers;

m)     to investigate any complaints about you or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions of supply or that you are or have been otherwise engaged in any unlawful activity;

n)        to prevent, detect and fight fraud or other unauthorised activities;

o)        to maintain records and comply with our legal obligations;

p)        to assist law enforcement personnel including police;

q)        as required or permitted by any law (including the Privacy Act); and/or

r)         for any other use that you authorise in writing.

4.2       Your personal information will not be used other than as described in this Privacy Policy.

5.     DISCLOSURE OF PERSONAL INFORMATION

We may disclose your personal information to:

5.1       our employees, related bodies corporate, contractors or external service providers, distributors, existing or potential agents, business partners or joint venture entities or partners that perform services for us in connection with the website and in connection with the sale and provision of our products and / or services, including third-parties who:

a)        fulfil requests by you;

b)        provide information technology services such as data storage, website hosting, software and system development, maintenance and support, and information processing, analysis and reporting (e.g. “Google Analytics” and “Facebook Pixel”);

c)        assist us in providing packaging, delivery and transport of products to you;

d)        conduct or promote competitions via our website;

e)        assist us in processing credit / debit card payments;

f)         provide marketing services; and/or

g)        provide services in the course of investigating a complaint or a security incident;

5.2       specific third-parties authorised by you to receive information held by us;

5.3   the police, any relevant authority or enforcement body, or your internet service provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions of supply, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary;

5.4       to comply with our legal obligations;

5.5       to comply with judicial proceedings or a court order;

5.6       to assist in locating a missing person;

5.7       to establish, exercise or defend a legal or equitable claim;

5.8       for the purposes of a confidential alternative dispute resolution; and/or

5.9       as otherwise required or permitted by any law (including the Privacy Act).

6.     WHAT IF WE CAN’T COLLECT YOUR PERSONAL INFORMATION

If you do not provide us with the information described in this Privacy Policy, some or all of the following may happen:

6.1     We may not be able to provide you with the products or services you requested, either to the same standard, or at all;

6.2       You may not be able to open a credit account with us; and/or

6.3     We may not be able to provide you with information about products and services that you may want, including information about discounts sales or special promotions.

7.     ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

7.1     You may request access to any personal information we hold about you at any time by contacting us (details at section 9 below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge for simply making a request and will not charge for making any corrections to your personal information. If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you reasons for any refusal.

7.2     If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may ask us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.

8.     DELETION OF PERSONAL INFORMATION

8.1     We keep your personal information only as long as we need it for legitimate business purposes (as laid out in section 4 above) and as permitted by applicable law.

8.2   Even though our systems are designed to carry out information deletion processes according to the guidelines in paragraphs 8.1 above, we cannot promise that all information will be deleted within a specific timeframe due to technical constraints.

9.     HOW CAN YOU COMPLAIN ABOUT A BREACH OF PRIVACY?

9.1       If you believe your privacy has been breached by us or have any questions or concerns about our Privacy Policy, please contact us using the contact information below and provide details of the incident / matter so that we can consider / investigate it:

Attention: Privacy Officer

Tsurumi Australia Pty Ltd

Telephone Number: 1300 917 915

Address: Unit 8, 175 Campbell Street Belmont, Western Australia 6104

Email Address: admin@tsurumipumps.com.au

9.2     We have a formal procedure for investigating and dealing with privacy breaches. Once the Privacy Officer receives a complaint in writing the Privacy Officer will commence an investigation. The investigation will endeavour to determine whether there has been a breach, the nature of the breach and how it occurred. We may contact you during the process to seek any further clarification if necessary. If a breach is found, the Privacy Officer will escalate the matter to management so that the process can be rectified to prevent any further breaches from taking place. We will also contact you to inform you of the outcome of the investigation. We will endeavour to resolve all investigations within a reasonable time.

10.  USE OF COOKIES AND SURVEY INFORMATION

10.1    In some cases, we may collect personal information through the use of cookies. When you access our website, we may send a ‘cookie’ (a small summary file containing a unique ID number) to your computer or device. This enables us to recognise your computer or device and greet you each time you use the website, without asking you to register or login. It also helps us keep track of the products or services you view, so that we can send you news about those products or services.

10.2  We also use cookies to measure traffic patterns and to measure other patterns, including transaction patterns, or other metrics in the aggregate. We use this to research your habits so that we can continually improve our website.

10.3  We may also use cookies to log IP addresses to analyse trends, administer our website, track user movements, and gather broad demographic information or to collect anonymous data.

10.4    If you do not wish to receive cookies, you should set your browser so that your computer or device does not accept them.

10.5   We may collect information from you in response to a survey. We generally use this information to get your feedback on our products, report statistics, analyse trends, administer our services, diagnose problems and improve the quality of our website.

10.6    If you do not want us to collect information provided by you during the course of a survey, then refrain from completing the survey.

11.  DIRECT MARKETING

We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail or email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

12.  OFFERS AND PROMOTIONAL MESSAGES

12.1   We may use your email address or mobile phone number to send you updates and communications about our products and services or other messages, such as newsletters, text messages or special offers.

12.2   We use Mailchimp as our eNewsletter and marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing. Learn more about Mailchimp’s privacy practices here: https://www.intuit.com/privacy/statement.

12.3    You will be given the opportunity, in any promotional email or text message that we send to you, to opt-out of receiving such messages in the future.

13.  CROSS BORDER DISCLOSURE OF PERSONAL INFORMATION

13.1    Tsurumi operates in several international jurisdictions including Australia, New Zealand and Japan. As a result, your personal data may be transferred, stored and processed in another country in which we or our related companies, partners, distributors or agents maintain facilities.

13.2  By submitting your personal information to us, you expressly agree and consent to the disclosure, transfer, storage and processing of your personal information outside Australia. In providing this consent, you understand and acknowledge that countries outside Australia do not always have the same privacy protection obligations as Australia in relation to personal information. However, we will take steps to ensure that your information is used by third-parties securely and in accordance with the terms of our Privacy Policy.

14.  SECURITY – HOW WE STORE AND PROTECT YOUR INFORMATION

14.1   We will take reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access, including by means of firewalls, password access, secure servers and encryption of credit card transactions.

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

14.3    In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

15.  LINKS

Our website may contain links to other websites operated by third-parties. We make no representations or warranties in relation to the privacy practices of any third-party website and we are not responsible for the privacy policies or the content of any third-party website. Third-party websites are responsible for informing you about their own privacy practices. Please read the privacy policies on all such websites as their policies may be different to ours.

16.  THE SALE OR TRANSFER OF OUR BUSINESS OR ASSETS

16.1    If the business of Tsurumi is sold or disposed of as a going concern, whether by merger, sale of assets, change of ownership of operating entity or otherwise, or in the event of an insolvency or receivership, the personal information of our customers may be one of the assets dealt with in connection with that transaction.

16.2  Information about our customers may also need to be disclosed in connection with a commercial transaction where we or any of our businesses are seeking finance or investment, support or funding.