Applied Privacy Policy & Collection Statement

This policy was last updated 17 November 2020.
  1. Introduction and purpose of this privacy policy
    1. In conducting its business as a distributor of bearings, power transmission products, fluid power components and other industrial supplies, Applied Industrial Technologies Pty Ltd ACN 006 100 045 (Applied, us, we or our) commits to complying with all applicable Australian privacy laws, including the Privacy Act 1988 (Cth) (Privacy Act).
    2. This privacy policy outlines how we comply with our obligations under relevant laws regarding the collection, use, disclosure, storage, security and access of your personal information.
    3. We reserve the right to vary this policy from time to time (at our sole discretion). If we make such a variation, the updated policy will be posted on our website and will apply to all personal information that we hold at the time of variation.
  2. Third party services
    1. Our webpages contain links to other sites that are not owned, maintained or operated by us. This privacy policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (Third Party Services) that you elect to access through our webpages or to individuals that we do not manage or employ. While we attempt to facilitate access only to these Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access. The inclusion of a link from or to our webpages does not imply recommendation or sponsorship by us and we disclaim any liability for such links.
  3. Why we collect your personal information
    1. We collect your personal information for the primary purpose of enabling us to conduct our business of distributing bearings, power transmission products, fluid power components and other industrial supplies (including communicating your order and delivery details).
    2. We also collect your personal information for secondary purposes including:
      (a)for providing services including but not limited to the processing of an application for credit, maintaining and account for you, and the administration and management of any contracts or agreements between you and Applied;
      (b)for undertaking risk assessment and management activities;
      (c)for the purposes of the Personal Property Securities Act;
      (d)for communicating with you;
      (e)the gathering of data and disclosure to third parties such as:
      (i)Applied’s insurance brokers and insurers
      (ii)credit reporting agencies;
      (iii)financial institutions including Applied’s bankers;
      (iv)service providers; and
      (v)industry groups; for the purpose of Applied being able to supply goods and services to you
      (f)to help us improve our websites and the products we offer you, and
      (g)sending you email alerts, news, event registration information and marketing communications regarding Applied’s goods and services.
    3. Applied may, from the date you submit an application for credit and for so long as you have a credit account with Applied, collect from and provide information to a credit reporting agency that may in turn create and maintain a credit information file about you. This information may include:
      (a)the information referred to in clause 5 of this policy;
      (b)the fact that you have applied for an Applied credit account- including the amount;
      (c)information that, in the opinion of Applied, you may have committed a serious credit infringement (that is acted fraudulently or shown an intention not to comply with credit obligations); and
      (d)details of dishonoured cheques or failure to make payment of amounts owed to Applied when due.
      This information may be given before, during or after the provision of credit to you.
  4. How we collect your personal information
    1. When we collect personal information, we generally collect it directly from you, including when you:
      (a)apply for credit;
      (b)visit, register and/or enter information (for example by completing registration form or application for credit) on a website operated by us or by providing such information or documents to Applied;
      (c)register for and/or use our mobile application;
      (d)send us a message via social media, email or any other communication;
      (e)visit or call our offices;
      (f)give your details at an event, conference, trade show or similar; and
      (g)order or make enquiries about our products or services; or
      (h)when legally required to do so or from:
      (i)from affiliated companies;
      (j)from your representative;
      (k)from credit-reporting and fraud-checking agencies and credit providers for credit related purposes such as credit worthiness, credit rating, credit provision and financing; or
      (i)from Applied’s own records of your dealings.
    2. If at any time you provide us with personal information about someone other than yourself (e.g. a representative of your business), you warrant that you have the person’s explicit consent to provide such information for the purpose specified. You acknowledge that we may require you to provide us with proof of such consent.
    3. We store personal information collected through our website on Azure cloud databases located in Australia supplied by Microsoft and personal information gathered by us to open a customer credit trading account on Amazon Web Services cloud databases located in Australia, in each case subject to the provider’s terms and conditions (including in respect of their cloud security measures).
  5. Types of personal information we collect
    1. In order for us to supply Applied products and support, and to communicate with you in respect of such, we collect personal information including but not limited to:
      (a)your company and/or individual name, address, telephone and fax numbers and email address;
      (b)banking information and credit card number which we do not keep on file; and
      (c)standard server logs with IP addresses (for the purposes of preventing fraud).
    2. We may also collect employer name and driver’s licence number from your application for credit, and credit information from credit reporting agencies, such as information about overdue loan repayments and loan default listings.
    3. Other than as set out in clause 5.2, we do not collect government identifiers (for example, Medicare numbers or driver’s licence numbers). If such information is inadvertently sent to us, we will destroy or delete it. However, if we have reason to keep such identifiers, we will inform you of such.
  6. Unsolicited collection of personal information
    1. From time to time, we may receive unsolicited personal information. Where this occurs, we will destroy or delete it. However if we wish to keep it, we will check whether we could have reasonably collected that information.
    2. If we determine that we could have reasonably collected that personal information, we will handle it in the same way that we will handle your personal information when directly collected from you.
    3. If we couldn’t have reasonably collected that personal information, we will, as soon as practicable, destroy, delete or de-identify the personal information if it is lawful and reasonable for us to do so.
  7. Cookies
    1. Our websites use cookies, which are small pieces of information stored by a browser or other application and used to connect your computer with information stored about your online activity, searches, preferences and product purchases. You can disable cookies, but if you do so you may not be able to participate in certain activities and you may limit our ability to tailor promotions and communications to you. Our websites do not control or guarantee the effectiveness of browser-based tools for managing cookies.
    2. Applied uses Google Analytics and HotJar to monitor activity on our websites. To learn how Google Analytics collects and processes data, please visit: “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners. To learn how HotJar collects and processes data, please visit:www.hotjar.com/legal/policies/privacy.
  8. Using your personal information
    1. We do not sell, rent or trade your personal information to third parties and will only disclose your personal information to third parties where:
      (a)the disclosure is consistent with this privacy policy;
      (b)you have consented (including implicitly consented by giving your contact details to be sent elsewhere); or
      (c)the disclosure is required or authorised at law, by a court order, or by a decision of a government agency or department.
    2. We will primarily use and/or disclose your personal information for the following purposes:
      (a)to supply and support our products and services;
      (b)to provide you with information, products or services that you request from us;
      (c)to allow you to maintain an online account with us, and so that we can communicate effectively with you (for example by email in relation to your account and orders);
      (d)to give to our corporate partners, distributors and supplier networks so that they may assist you;
      (e)to provide you with email alerts, event invitations/registrations and other notices concerning our products or services, or events or news, that may be of interest to you;
      (f)for usual account keeping and record keeping purposes;
      (g)for testing, research, analysis and product development;
      (h)to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
      (i)to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred; and
      (j)as stated elsewhere in this policy or any other agreement we may have with you (including in our terms of supply with you).
    3. In any event, we may also disclose your personal information where a “permitted general situation” exists as defined in the Privacy Act, such as:
      (a)use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual or to public health or safety and it is unreasonable or impracticable to obtain consent;
      (b)we have reason to suspect that unlawful activity or misconduct of a serious nature has been (or may be) engaged in and use or disclosure is necessary in order for us to take appropriate action;
      (c)use or disclosure is reasonably necessary for the establishment, exercise or defense of a legal or equitable claim; or
      (d)use or disclosure is reasonably necessary for a confidential alternative dispute resolution process. This may be the case where the counter party to your transaction is based overseas.
  9. What happens if we can't collect your information?
    If you do not provide certain information, you may not be able to receive our full product and service offering, and we may not be able to assess your suitability for credit or offer you credit terms.
  10. Overseas disclosures
    1. Applied Australia is part of a global business with our parent company located in the United States. We therefore may disclose your personal information to our parent company in the United States.
    2. We will usually do this in order to help you. For instance, we will pass on your contact details to our parent company if they are better placed to deal with a product issue or request, or where our operational, compliance or reporting obligations require it. When you contact us, you are consenting to us using your personal information for this purpose.
    3. The risks associated with your information being sent outside Australia are that we cease to control the information’s security directly, and that those locations may not necessarily have data protection laws as comprehensive or protective as those in Australia. We mitigate this risk by:
      (a)taking reasonable steps to ensure that the overseas recipient is in a country with adequate levels of information protection;
      (b)requiring a commitment from each recipient of your personal information that they will not use your information for any purpose other than for the purpose it was collected and provided to them (including that, if you did not provide consent, they must not use for on-selling, disclose for an unrelated purpose or for direct marketing purposes); and
      (c) requiring a commitment to a standard data protection clause from each recipient, including that they will safeguard your personal information according to relevant privacy laws.
    4. We may also provide your personal information to overseas recipients where:
      (a)we are required or authorised by law to do so; or
      (b)we suspect that unlawful activity or misconduct of a serious nature is being or may be engaged in.
  11. Mailouts and direct marketing
    1. We may use information we collect for the purposes of direct marketing. However, you may opt-out at any time by clicking on the “unsubscribe here” at the bottom of the direct marketing email or sending an email to online@appliedau.com.
    2. If you own one of our products, you may still receive correspondence from us even if you optout of receiving marketing material. We will do so where such communications include product maintenance and support information. If this remains an issue, please contact us directly.
  12. Security of your personal information
    1. We take reasonable steps to protect your personal information from misuse, interference, loss, or unauthorised disclosure. We do this via employee training, maintaining document storage policies, implementing security measures for access to our systems (including log-in and password controls to staff on a need-to-know basis), controlling access to our offices and maintaining secure offices, use of electronic security systems, using secure servers and from time to time, monitoring and reviewing of information security.
    2. In addition, we use Secure Sockets Layer software. Tokenisation of the entire credit card number is performed during order processing by a third party. As a result, Applied cannot ensure or warrant the security of any information you transmit to us or from our online products, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems using the above methods.
    3. On reasonable request, and where it is no longer required for record keeping purposes, we may destroy, delete or de-identify your personal information that we hold (unless we are otherwise required or authorised by law to retain it).
  13. Accessing your personal information
    1. You may request access to your personal information that we hold by emailing us at online@appliedau.com. We may ask that you include verification details and/or documentation so we can confirm who we are communicating with. Please also ensure that you identify, as clearly as possible, the specific information that you are seeking access to.
    2. Although we will not charge you for making your first access request, we may charge you a reasonable fee to cover the costs associated with retrieving your personal information for subsequent requests.
    3. We will endeavor to respond to requests for access to personal information within a reasonable period of time and we will generally provide you with the following:
      (a)confirmation of whether your personal information is being collected and used or not;
      (b)the purpose/s of collecting and using your personal information;
      (c)the categories of personal information that we hold about you;
      (d)the recipients or categories of recipients to whom your personal information has been or will be disclosed to;
      (e)the period of time that your personal information will be stored (where possible); and
      (f) notification of your rights.
    4. When we provide such information, we will provide it in a structured, commonly used, machine-readable format.
    5. We may refuse your request when:
      (a)you do not verify your identity;
      (b)we reasonably believe that giving access would pose a serious threat to the life, health or safety of an individual, or to public health or public safety;
      (c)giving access would have an unreasonable impact on the privacy of others;
      (d)your request is frivolous or vexatious;
      (e)it would be unlawful to do so; or
      (f)we are required to deny access by law, a court order, or by a decision of a government agency or department.
    6. If we refuse your request for access, we will give you reasons for the refusal and information about the complaint mechanism/s available to you.
  14. Correcting your personal information
    1. You may seek correction of your personal information that we hold. In such circumstances, we will take reasonable steps to correct your personal information, taking into account the purpose for which it is held, its accuracy, the reasonableness and the relevance of your correction request.
    2. If that personal information has been disclosed to a third party, we will take reasonable steps to notify the third party of any such correction.
    3. If accuracy of your personal information remains an issue or is contested by you, we may (at our option) cease to use it, and/or destroy or delete it.
  15. Right to be forgotten
    1. If we hold your personal information, you may ask for it to be removed or deleted where:
      (a)it is no longer necessary for the purposes for which it was collected;
      (b)you withdraw consent and your consent was the legal basis for collection;
      (c)you object to the use of your personal information for automated decision making;
      (d)you object to the use of your personal information for marketing purposes;
      (e)your personal information is being used unlawfully; or
      (f)removal is required or authorised at law, by a court order, or by a decision of a government agency or department.
    2. However, we may refuse your request for removal of your personal information where your personal information is necessary for:
      (a)the exercise of a right to freedom of expression and information;
      (b)us to comply with an obligation at law;
      (c)the performance of a task carried out in the public interest; or
      (d)for the purpose of a judicial process.
    3. Please note that we may anonymise personal information to the extent that it has the actual or practical effect of deleting your personal identifiers, or that we cannot identify it as yours to remove or delete.
  16. European Union General Data Protection Regulation (GDPR)
    1. We do not export products and support throughout the world including we do not export to businesses and individuals who are located in the EU. We offer products and services in Australia, New Zealand and Pacific Island countries only.
    2. If for whatever reason you are in the EU, and you provide personal data to us, it is your responsibility to notify us as to your location in the EU.
    3. If you are in the EU we will work to ensure that our use does not infringe your personal data protection entitlements under the GDPR including in respect of the right to be forgotten, data portability and the objection to the processing of your data. As we do not export our products to the EU, if you are in the EU, we reserve the right to not accept your personal data, or return to you or delete what we unwittingly have in our possession.
  17. Data breaches
    1. A data breach can occur as a result of a system fault, human error, or a malicious or criminal attack. When we suffer a data breach that causes individuals to be at risk of serious harm (which we cannot prevent with remedial action) or poses a high risk to your rights and freedoms, we are committed to notifying the regulator and notifying individuals as required by law.
    2. Our notification/s will include the steps we are taking to resolve the issue and the recommendations about the steps the affected individuals should take in response to the data breach.
  18. Making a complaint
    1. If you think we have failed to comply with our privacy obligations, we ask that you first make a complaint to us. We will acknowledge your complaint in a prompt manner and give you an estimated timeframe for our response. We are committed to dealing with your complaint in a reasonable and effective manner.
    2. If we are unable to resolve your complaint or if you are unhappy with the outcome, you may lodge a complaint with the Australian Information Commissioner (www.oaic.gov.au).
  19. Contact us
    1. If you have any questions about this policy, please contact us at online@appliedau.com.
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