Earthworks Connect Privacy Policy
1. Introduction
(a) The online marketplace made available through our website (www.earthworksconnect.com.au) (the Earthworks Connect Platform) is created and controlled by Birrahlee Earthmoving and Agricultural Group Pty Ltd (ACN 672 958 502) (we, us or our).
(b) We are committed to ensuring your Personal Information is protected. We manage your Personal Information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).
(c) The Earthworks Connect Platform is a portal or online marketplace through which members (Job Posters) can rent or buy earthmoving products or obtain earthmoving services from other members (Contractors) introduced to them on, or via, the Earthworks Connect Platform. By accessing and using the Earthworks Connect Platform or any of our other products and services you agree to this Privacy Policy.
(d) This Privacy Policy outlines how we collect, store, use and disclose your Personal Information, and how you may access your Personal Information kept by us or how you may make a privacy complaint.
2. The information we collect about you
2.1. Personal information
(a) Personal information has the same meaning that it has under the Privacy Act, namely, information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
(b) We will only collect and hold Personal Information and Non-Personal Information about members or other individuals who visit the Earthworks Connect Platform that is reasonably necessary to undertake our business activities and functions, to make the Earthworks Connect Platform, our products and services available to members and visitors, or as otherwise permitted by law. For example, the type of Personal Information and Non-Personal Information that we collect includes:
(i) registration details and profile information (for example, first name and surname, email address, location (suburb and postcode) and profile picture or image);
(ii) account credentials (such as your email and password created by you as a member of the Earthworks Connect Platform);
(iii) information about Contractors (such as their business name, business phone number, business address and Australian Business Number, qualifications and licences, the earthmoving products and services offered by the Contractor and those jobs that the Contractor has offered for on, or via, the Earthworks Connect Platform);
(iv) information about Job Posters (such as the earthmoving products and services they have enquiries about, posted a job listing for or purchased or rented);
(v) information about job listings published by Job Posters on, or via, the Earthworks Connect Platform (such as earthmoving products or services required by the Job Poster, availability, images(optional), and the location where the earthmoving products or services are to be supplied );
(vi) information about offers submitted by Contractors on, or via, the Earthworks Connect (such as the earthmoving products and services offered for sale or rental by the Contractor, the location, price and availability of such earthmoving products and services);
(vii) information about a member you have connected with or communicated with, and how you interact with other members;
(viii) any other content, information and other data that you post or submit on, or via the Earthworks Connect Platform;
(ix) information relating to your dealings, or enquiries you have made, with us, including information about the Earthworks Connect Platform, our products or services or complaints you have raised with us about other members, or any other earthmoving products or services offered on, or via, the Earthworks Connect Platform; and
(x) other information that you provide to us or that we may collect in the course of our relationship with you.
2.2. Other information
(a) We may also collect some information that is not Personal Information because it does not identify you or anyone else. For example, we may collect
(i) anonymous answers to surveys or aggregated information about how members interact with each other and use the Earthworks Connect Platform; and
(ii) information regarding your access and use of the Earthworks Connect Platform, including location information, your computer’s internet protocol (IP) address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on the Earthworks Connect Platform, dates and times of visits to the Earthworks Connect Platform and other usage statistics;
(b) If you are a candidate seeking employment with us, we will use your Personal Information to process your application and assess your suitability for any role. We may retain your information for future reference.
2.3. Sensitive Information
(a) We do not collect your Sensitive Information (as defined by the Privacy Act). However, some of our services are automated and we may not recognise that you have accidentally provided us with Sensitive Information.
(b) If you have accidentally sent us Sensitive Information, please contact us using the contact details set out in section 11 below.
3. How we collect Personal Information
3.1. Direct collection from you
(a) We will collect Personal Information and Non-Personal Information about you in several different ways. We may collect Personal Information and Non-Personal Information directly from you or in the course of our dealings with you. For example:
(i) when you:
(A) access and use the Earthworks Connect Platform (including when you open an account or create or update your account on, or, via, the Earthworks Connect Platform);
(B) contact, connect or communicate with other members on, or, via, the Earthworks Connect Platform;
(C) as a Job Poster, upload, publish or display job listings or edit or update your job listings on, or, via, the Earthworks Connect Platform; and
(D) as a Contractor, submit offers on, or via, the Earthworks Connect Platform in response to job listings.
(ii) when you visit the Earthworks Connect Platform or submit information or a query through the Earthworks Connect Platform or complete any online forms or documents or when you enter or participate in competitions, promotions, events, sweepstakes, surveys and questionnaires; and
(iii) when you otherwise contact, interact or communicate with us (such as by telephone, email or in person) with a query or request or make a comment on our social media sites or lodge a complaint about other members, offers, job listings or any earthmoving products or services offered on, or via, the Earthworks Connect Platform.
(b) When we collect Personal Information directly from you, we will take reasonable steps to notify you (using a collection notice) at, before, or as soon as practicable after, the time of collection.
(c) By providing your Personal Information to us, you acknowledge that you are authorised to provide such information to us.
3.2. Collection from third parties
(a) We may also collect Personal Information and Non-Personal Information about you from publicly available sources and third parties, including:
(i) when you provide your Personal Information to our Authorised Affiliates or other third parties;
(ii) when you provide your Personal Information to other members of the Earthworks Connect Platform;
(iii) if you use:
(A) our social media sites or applications, pages or plugins; or
(B) third party products or services that interact with the Earthworks Connect Platform, our products or services.
(b) When we collect your Personal Information from third parties, we shall take reasonable steps to make sure you are aware of the collection.
(c) If you provide us with Personal Information about another individual (as their authorised representative), we rely on you to:
(i) inform them that you are providing their Personal Information to us; and
(ii) advise them that they can contact us for further information.
(d) You must take reasonable steps to ensure the individual is aware of, and consents to, the matters outlined in this Privacy Policy, including that their Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual's right to access that information, and who we are and how to contact us.
(e) Upon our request, you must also assist us with any requests by the individual to access or update the Personal Information you have collected from them and provided to us.
4. How we use your Personal Information
4.1. Purposes of use and disclosure
(a) We only use, process and disclose your Personal Information for the purposes for which it is collected. In particular, we use, process and disclose your Personal Information and Non-Personal Information to:
(i) provide or deliver the Earthworks Connect Platform, our products and services to you, including, without limitation, to provide the means through which Job Posters can connect with Contractors for the purpose of purchasing, renting or acquiring earthmoving products and/or services offered on, or via, the Earthworks Connect Platform;
(ii) informing you about the Earthworks Connect Platform, our products or services or about offers, competitions, promotions, events, sweepstakes, surveys, questionnaires about us, the Earthworks Connect Platform or other matters which we believe are of interest to you (such as recruitment or job opportunities);
(iii) manage, administer, improve, test, develop and upgrade the Earthworks Connect Platform and services, informing you about scheduled maintenance or outages and managing our relationship with you or to otherwise investigate complaints about the Earthworks Connect Platform and other members;
(iv) share with our Authorised Affiliates;
(v) charge and bill Contractors to submit a bid in response to a job listing on, or via, the Earthworks Connect Platform;
(vi) verifying your identity;
(vii) for internal record keeping;
(viii) for direct marketing purposes (see below);
(ix) complying with our legal and regulatory obligations;
(x) for any purpose to which you have consented; and
(xi) for any other purpose notified to you at the time of collection.
(b) In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of the transaction, without your consent or notice to you.
4.2. Disclosure to Authorised Affiliates
(a) In order to provide or deliver the Earthworks Connect Platform, our products or services to you and to connect Job Posters and Contractors, we may disclose your Personal Information and Non-Personal Information to:
(i) our related body corporates, business partners, service providers, third party contractors, agents or suppliers;
(ii) authorised external service providers who perform functions on our behalf, such as internet and technology services providers (e.g. Google Places API), app and website software developers, hosting, back up and data storage companies (e.g AWS), accounting and bookkeeping service providers, marketing, advertising and security service providers, fulfilment companies, credit reporting agents, debt collection agents, market research and recruitment service providers; and
(iii) external business advisors, such as accountants, auditors, lawyers, insurers and financiers, (collectively, Authorised Affiliates ).
(b) In the case of Contractors, we share the Contractor’s Personal Information with a Job Poster at the time an offer is submitted. In the case of Job Posters, their contact details will be shared with a Contractor once the Contractor’s offer is accepted. Wherever reasonably possible, the Personal Information shared between members will be limited to first name, phone number, and location (suburb only). We may also disclose your Personal Information and Non-Personal Information:
(i) to any other party with your consent and direction;
(ii) to law enforcement bodies or regulatory authorities to assist with their functions, or as otherwise required or authorised by law; or
(iii) where we consider it necessary to comply with any applicable law, regulation, legal process, governmental request or industry code or standard.
(c) When we disclose your Personal Information or Non-Personal Information to any of our Authorised Affiliates, we will ensure that they undertake to protect your privacy. These Authorised Affiliates are not permitted to use the information for any purpose other than the purpose for which they have been given access.
(d) Our Authorised Affiliates may also provide us with Personal Information and Non-Personal Information collected from you. If you disclose Personal Information to Authorised Affiliates, we rely on you to provide the Authorised Affiliates with consent for us to collect, storage, use, process, alter and disclose your Personal Information.
4.3. Overseas disclosure
(a) In the course of providing you with access to, and use of, the Earthworks Connect Platform, our products or services, and to connect buyers and sellers, it may become necessary or desirable to disclose Personal Information to our Authorised Affiliates located within Australia. Such disclosure will occur only where required for our ordinary business operations and service delivery.
(b) We do not disclose or transfer your Personal Information to recipients located outside Australia. All Personal Information is handled in accordance with Australian privacy laws, and we take reasonable steps to ensure that your Personal Information is treated securely and protected against misuse, interference, and loss.
If you have any questions in relation to the transfer of your Personal Information, please contact us using the contact details set out in section 11 below.
4.4. Disclaimer
(a) We will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your written consent, unless:
(i) we are otherwise required by the relevant Privacy Act;
(ii) we are permitted to under this Privacy Policy; or
(iii) such disclosure is, in our opinion, reasonably necessary to protect our rights or property, avoid injury to any person or ensure the proper functioning of the Earthworks Connect Platform.
(b) This Privacy Policy only covers the use and disclosure of information we collect from you. The use of your Personal Information by any third party is governed by their privacy policies and is not within our control.
5. Notifiable Data Breaches
In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with notifiable data breach laws as set out in the Privacy Act.
6. Marketing communications
6.1. Direct marketing
(a) We may use and disclose your Personal Information to send you information about the Earthworks Connect Platform, the earthmoving products and services offered or required by members, the products and services we offer as well as other information that may be of interest to you.
(b) These communications may continue, even after you stop using the Earthworks Connect Platform.
6.2. Communication channels
(a) We may send this information to you via the communication channels specified at the time you provide your consent.
(b) These communication channels may include mail, email, SMS telephone, social media or by customising online content and displaying notices on the Earthworks Connect Platform.
6.3. Opting-out
You can opt out of receiving these communications by:
(a) contacting us using the details below; or
(b) using the unsubscribe function in the email or SMS.
7. Storage and security
7.1. Protecting your Personal Information
(a) We take reasonable steps in the circumstances to keep your Personal Information and Non-Personal Information safe. We use a combination of technical, administrative, and physical controls to protect and maintain the security of your Personal Information and Non-Personal Information.
(b) Our officers, employees, agents and third-party contractors are expected to observe the confidentiality of your Personal Information and Non-Personal Information.
(c) Wherever possible, we procure that Authorised Affiliates who have access to your Personal Information and Non-Personal Information take reasonable steps to:
(i) protect and maintain the security of your Personal Information and Non-Personal Information; and
(ii) comply with the Australian Privacy Principles when accessing and using your Personal Information.
7.2. No guarantee
(a) The transmission of information via the internet is not completely secure. While we do our best to protect your Personal Information and Non-Personal Information, we cannot guarantee the security of any Personal Information and Non-Personal Information transmitted through the Earthworks Connect Platform.
(b) You provide your Personal Information and Non-Personal Information to us at your own risk and we are not responsible for any unauthorised access to, and disclosure of, your Personal Information and Non-Personal Information.
7.3. Destruction of Personal Information
We will destroy or de-identify your Personal Information after 30 days of the date you delete your account on the Earthworks Connect Platform or where your Personal Information is no longer required, unless we are required or authorised by law to retain the information. However, we may retain Personal Information (including basic registration information) in accordance with documentation retention and destruction laws.
8. Accessing and correcting your Personal Information
(a) We shall use our reasonable endeavours to keep your Personal Information accurate, up-to-date and complete. You have the right to access any Personal Information we hold about you, subject to some exceptions under the Privacy Act.
(b) You can access, or request that we correct, your Personal Information by writing to us using the details below. We may require proof of identity. If we do not allow you to access any part of your Personal Information, we will tell you why in writing.
(c) We will not charge you for requesting access to your Personal Information but may charge you for our reasonable costs in supplying you with access to this information.
(d) We will endeavour to respond to your request for access or correction within 30 days of your request.
9. Cookies Policy and Analytics
9.1. Cookies
(a) We may collect information when you access and use the Earthworks Connect Platform by utilising features and technologies of your internet browser, including cookies, and similar technologies. A cookie is a piece of data that enables us to track and target your preferences. We use cookies or similar technologies to collect standard log and visitor behaviour information in an anonymous form. We use this information to analyse how visitors use the Earthworks Connect Platform and to compile statistical reports on website activity. You can set your computer to reject cookies or similar technologies, but this may affect your ability to use certain parts of the Earthworks Connect Platform.
(b) We may also log your IP address. Your IP address is your computer’s electronic Internet address. We may collect your IP address to see trends, run the website, track user movements, and gather broad demographic information.
9.2. Google Analytics
(a) Services that the Earthworks Connect Platform may use from time to time include Google Analytics, which transmits website traffic data to Google servers. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand traffic and usage on our website. By using the Earthworks Connect Platform, you consent to Google processing your data in the manner described in Google’s Privacy Policy (www.policies.google.com/privacy) and for the purposes set out in this Privacy Policy.
(b) Google may pass on cookies to its partners and other third parties to achieve its purposes. For more information on how Google uses the information collected from cookies, and how you can opt out of this feature please see Google’s Privacy Policy. You can also view Google Analytics’ currently available opt-out (see https://chrome.google.com/webstore/detail/google-analytics-opt-out/fllaojicojecljbmefodhfapmkghcbnh/related?hl=en-GB).
10. Privacy complaints
(a) If you have any issues about this Privacy Policy or the way we handle your Personal Information, please contact us using the details below and provide full details of your complaint and any supporting documentation.
(b) At all times, privacy complaints:
(i) will be treated seriously;
(ii) will be dealt with promptly;
(iii) will be dealt with in a confidential manner; and
(iv) will not affect your existing obligations or your commercial arrangements with us.
(c) Our Privacy Officer will endeavour to:
(i) respond to you within 15 business days; and
(ii) investigate and attempt to resolve your concerns within 30 business days or any longer period necessary and notified to you by our Privacy Officer.
(d) If you are dissatisfied with the outcome of your complaint, you may refer the complaint to Office of the Australian Information Commissioner.
11. How to contact us
If you have any complaints or issues you wish to raise with us regarding the way we have handled your Personal Information or would like to discuss any issues about our Privacy Policy, please contact us directly by email at admin@earthworksconnect.com.au.
12. Changes to this Privacy Policy
(a) From time to time, it may be necessary for us to review and revise our Privacy Policy. We may notify you about changes to this Privacy Policy by posting an updated version on our website or on the Earthworks Connect Platform.
(b) We encourage you to check the Earthworks Connect Platform from time to time to ensure you are familiar with our latest Privacy Policy.