Privacy Policy

Privacy Policy

Introduction

Here at Specialist Machinery Sales, (we, us, our, or Specialist Machinery Sales) protecting your privacy and treating your personal information with care is of paramount importance to us. This Privacy Policy explains why we collect personal information and how we collect, use, disclose, store and protect your personal information when you buy a product from us (as a distributor for manufacturers of specialist metalworking machinery to Australia, New Zealand and SE Asia) or you sign up to learn more about Specialist Machinery Sales.

It also explains how to contact us too correct, update or delete any personal information provided to us, or make a complaint if you have concerns. We are compliant with the privacy principles of Australia.

We will only collect and process personal information about you where we have a lawful basis to do so. Lawful basis includes consent (where you have given consent such as filling out our “mailing list” form), contract (where processing is necessary for the performance of a contract with you) and legitimate interests (including security threats or frauds, compliance with applicable laws, and enabling us to administer our business).

You expressly and voluntarily grant your informed consent to Specialist Machinery Sales to deal with your personal information in accordance with the terms and conditions of this Privacy Policy and the law. You have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object.

Changes that we make to our Privacy Policy

We will notify you about any changes to our Privacy Policy by updating the “Last updated” date of this Privacy Policy, as found on our website at https://www.smsales.com.au/privacy-policy/.  You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Specialist Machinery Sales website, receiving email from us or buying a product from us after the date such revised Privacy Policy is posted.

Which entities does this Privacy Policy cover?

This Privacy Policy applies to Specialist Machinery Sales and its subsidiaries and overseas entities that collect information and transfer it to Australia.

What is personal information?

Personal information is defined as information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

What personal information do we collect?

Personal Data

Demographic and other personally identifiable information (such as your name and email address) that you voluntarily give to us when choosing to participate in various activities related to our website (such as signing up for our newsletter) or purchasing a product.

Financial Data

Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our products. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor and you are encouraged to review their privacy policy and contact them directly for responses to your questions.

Geo-Location Information

We may request access or permission to and track location-based information from your computer, either continuously or while you are visiting our website, to provide location-based services. If you wish to change our access or permissions, you may do so in your computer’s settings.

Why do we collect your personal information?

We may collect your personal information when required by law but generally we collect personal information from you (or about you) to allow us to:

  • supply you with the Specialist Machinery Sales products;
  • supply you with tailored service offerings that may benefit you;
  • communicate more effectively with you about our services such as through our newsletter;
  • supply marketing or promotional materials and other information to you;
  • ensure your experience with us is a positive one; and
  • notify you about our new services or product offerings, discounts, promotions or upcoming events.

Personal information collected or received by us will only be used for the stated purpose for which it was provided.

When you access the Specialist Machinery Sales Services, we may collect certain information automatically, including, but not limited to, your operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.

When do we disclose your personal information?

Your personal information will not be used contrary to this Privacy Policy but may be disclosed to third parties in the following circumstances:

  • for the purpose it was collected (such as a referral to a third-party service provider);
  • if we sell all or part of our business and the purchaser also requires your personal information;
  • to enforce our legal rights or those of others;
  • to prevent actual or potential fraud or illegal activity; or
  • if we are required to do so by law.

If personal information is disclosed to a third party, we are required to take reasonable steps to ensure your personal information is treated in accordance with the laws that apply to personal information.

When and how do we collect your personal information?

We collect most personal information directly from you when you make an enquiry about our Specialist Machinery Sales Services from us or voluntarily join our mailing list. Your consent may be express (e.g. you agree to the use of your information by ticking a box) or implied by an action you take or do not take (i.e. because you have agreed to terms and conditions that contain information about the use or disclosure of your information).

What if you don’t want us to collect your personal information?

You are not obligated to provide us with your personal information. You may choose whether you receive communications from us. Whilst it is your choice not to provide your personal information to us this may impede our ability to provide you with information about Specialist Machinery Sales products and services.

What if you don’t want to receive further communications from us?

Should you wish to remove yourself from our contact database you may do so at any time by contacting us at tellmemore@smsales.com.au.

How can I access, correct and/or update personal information you have collected?

At any time you may contact our Privacy Officer at tellmemore@smsales.com.au and request your personal information be modified. We will make all efforts to correct data once we have proved your identity.

We will deal with all requests for access to personal information as quickly as possible, but no later than 30 calendar days from the date of your request (unless any complexities arise).

We will refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings. Further, we will refuse access where your request is frivolous or vexatious, and where we reasonably believe that: giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; unlawful activity, or misconduct of a serious nature, is being or may be engaged in against Specialist Machinery Sales and giving access would be likely to prejudice the taking of appropriate action in relation to that matter.

If we refuse to give you access we will provide you with reasons for our refusal, unless doing so would be unreasonable in the circumstances. We will also take reasonable steps to give you access in a way that meets your needs without giving rise to the reasons of our refusal. Further, we will provide details of how you may make a complaint about our decision.

Please note that the access and correction requirements under this Privacy Policy operates alongside and do not replace other informal or legal procedures by which an individual can be provided access to, or correction of, their personal information.

How do we store and protect your personal information?

For us to provide excellent service we are required to store some personal information and take the greatest of care to ensure this information is treated as private and confidential. Transmitting personal data via the internet does have inherent risks associated with it. We will however take all reasonable steps to ensure the security of this data. Note that no information transmitted over the Internet can be guaranteed to be completely secure. While we will endeavour to protect your personal information as best as possible we cannot guarantee the security of any information that you transmit to us, or receive from us. The transmission and exchange of information is carried out at your own risk.

Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

We have taken the necessary measures to ensure the personal information (including the financial information about yourself) we hold is not compromised. In accordance with and as permitted by applicable law and regulations we will retain your information as long necessary to serve you, to maintain your Specialist Machinery Sales registration or as otherwise need to operate our business.

It is important that you protect your privacy by ensuring that no one obtains your personal information and you must contact us directly if your details change. Should your information be erroneously provided to us or no longer remain valid within the constraints of this Privacy Policy we will securely destroy or de-identify it as soon as practicable, as long as it is lawful to do so.

We have obligations to notify you if you are affected by a data breach. We will take all reasonable precautions to take remedial action to prevent such an event. However, as we cannot guarantee that remedial action will be sufficient to prevent all instances of a breach, we will take steps to notify you of an eligible data breach as soon as practicable and provide recommendations as to what steps you should take to mitigate any serious loss or damage.

Cookies

Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. When you visit our website, we may collect information from you automatically through cookies or similar technology.

Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

How do we use cookies?

We use cookies in a range of ways to improve your experience on our website, including understanding how you use our website.

What types of cookies do we use?

There are a number of different types of cookies, however, our website uses:

  • Functionality – we use these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.
  • Advertising – we use these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Sometimes we share some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

How to manage cookies

You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

Third party sites

Our site has links to other websites and services provided on those websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

Current as at: 30 October 2019