Terms and Conditions

Premcar Pty Ltd ACN 075 575 530 (Premcar, us, we, our) takes your privacy seriously and is
committed to responsible privacy practices.

Please read the following privacy policy (Privacy Policy) to understand how we collect, use, disclose, store, handle and protect your personal information. We hope that this will help you make an informed decision about sharing personal information with us. As well as applying to our interactions with you, this Privacy Policy also applies to all information collected through the website available at https://premcar.au/ (Website) and any and all other websites and/or platforms operated by us.

This Privacy Policy sits alongside our Website Terms of Use available at  premcar.au/terms-and-conditions, and any other terms and conditions that apply to the products and services (collectively, Services) we provide to you.

What is personal information?

In this Privacy Policy, ‘personal information’ has the meaning set out in applicable privacy laws, including the Privacy Act 1988 (Cth) (Privacy Act). In general terms, personal information is information (whether fact or opinion) about an individual who is identified or reasonably identifiable that information or other information combined in with that information. Some types of personal information are classified as ‘sensitive information’ and/or ‘health information’, which are subject to additional protection under the Privacy Act.

What types of personal information do we collect?

The types of personal information we collect about you will depend on the purpose for which the personal information is collected. This can include:

• in the case of customers procuring our Services – your name, billing or shipping address, email address, telephone number(s), and payment information;

• if you have contacted Premcar to make a complaint, provide feedback, submit an enquiry, request a call-back from us – your name, mailing or street address, email address, and telephone number(s);

• in the case of prospective employees or contractors – information contained in your application or résumé, recorded during any interview, or obtained through any preemployment checks, and government-issued identifiers such as tax file numbers; and

• in the case of our suppliers and distributors – your name, mailing or street address, email address, and telephone number(s).

Generally, we will not collect sensitive information about you. However, in certain circumstances such as when you apply for a job with us or apply to become one of our contractors, we may need to collect limited sensitive information about you. For instance, information received from police
checks or if you disclose details of disabilities, medical conditions or other health information that may be relevant to the performance of your duties. We may also collect technical information and general analytics, such as web browser type and browsing preferences, Internet service provider, referring/exit pages, date/time stamps, IP address, time zone and geolocation data (if applicable), some of which is collected automatically, arising from your use of our Services, as well as information about your usage of our Services when browsing (see: “How do we collect personal information” below).

How do we collect personal information?

We collect your personal information directly from you, including when you:

access or use our Website;

• receive our Services;

• make inquiries about us or our Services or otherwise communicate with us by email, by telephone, in person, via a website or otherwise; or

• apply to work with us or are engaged by us as a contractor, supplier or distributor.

Where it is reasonable and practicable to do so, we will only collect personal information about you from you directly and not from third parties.

In limited circumstances, we may collect personal information about you from third parties (such as mutual contacts, or if someone makes a purchase on your behalf, or your referees provided during the recruitment process if you apply for a job with us). We may use cookies, log files, web beacons, tags, and pixels to collect technical information and general analytics.

You may disable your web browser from accepting cookies and other tracking technologies used to collect technical information and general analytics on you when browsing our Website. If you do so, you can still access our Website, but it may impact your user experience.

Can you choose not to disclose your personal information?

If you contact us to make a general enquiry about us or our business, you do not have to identify yourself or provide any personal information. Alternatively, you can also notify us that you wish to deal with us using a pseudonym.

If we cannot collect personal information about you or if you use a pseudonym, we may not be able to provide you with the information or assistance you require. For example, we will not be able to send you information you have requested if you have not provided us with a valid email address or telephone number.

How do we use your personal information?

We use your personal information for purposes for which they were collected, including managing our business and providing our Services to you, including to:

provide our Services to our customers or to receive goods or services from third parties;

• consider you for a job at, or engagement with, Premcar (whether as an employee, contractor, supplier or distributor) or other relationships with us;

• communicate with you, and to address any issues or complaints that we or you may have regarding our relationship and our Services;

• comply with our legal obligations such as notifying you of matters that we may be required by law to do so;

• for direct marketing purposes (see “Direct Marketing Communications” below); and

• contact you regarding any of the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.

We may also use or disclose your personal information for our administrative, marketing (including direct marketing), planning, quality control, and research purposes and for other purposes to which you have consented, or as otherwise permitted or required by law.

Technical information and general analytics are used for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are on our Website, and to improve our Website and our Services.

To whom do we disclose personal information?

We may disclose your personal information to third parties in connection with the purposes described above (see the “How do we use your personal information?” section).

This may include disclosing your personal information to the following types of third parties:

• any potential third party acquirer of our business or assets, and advisors to that third party;

• our professional advisers (such as lawyers, accountants or auditors) and insurers;

• our employees, contractors and third party service providers who assist us in performing our functions and activities e.g. payment systems operators and financial institutions, cloud service providers, data storage providers, human resources and payroll platform service providers, shipping companies, telecommunications providers and IT support services providers;

• third parties to whom you have authorised us to disclose your information (e.g. referees);
and

• any other person as required or permitted by law

We use third party service providers to provide us with web analytics services . If we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose of disclosure and in a manner consistent with applicable laws, for example (where commercially practical) by including suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information.

Direct marketing communications

We will only send you direct marketing communications (either through mail, SMS or email), including any news and information about exclusive offers, promotions, or events, where you have consented to do so.

You may opt-out of receiving direct marketing communications at any time by contacting us or by using opt-out facilities provided in the direct marketing communications.

How do we store personal information?

We store your personal information using electronic record keeping methods in secure databases. We do not combine or link personal information we hold about you with other personal information about you from third party sources.

Does personal information leave Australia?

We store personal information in servers located in Australia as well as through third party service providers located overseas. We may disclose your personal information to overseas recipients such as to our third party services providers to obtain services for the purpose of managing and operating our business. It is not practical for us to list every country where such overseas recipients ma ybe located, however such countries are likely to include New Zealand.

Except where an exception applies under the Privacy Act or other relevant legislation, we will take commercially reasonable steps to ensure that overseas recipients to whom we disclose personal information do not breach the Privacy Act and the Australian Privacy Principles in relation to such personal information.

How do we protect your personal information?

We implement reasonable measures to protect and safeguard your personal information from misuse, loss, theft and unauthorised access, modification or disclosure. However, particularly for electronic data stores and due to the fact that the Internet is inherently
insecure, we cannot guarantee the security of transmission of personal information disclosed to us online. Accordingly, you transmit your personal information to us online at your own risk and are encouraged to exercise care in sending personal information via the internet. Please notify us immediately if you know or reasonably suspect that your personal information has been subject to any data breach, breach of security or other unauthorised activity.

To the maximum extent permitted by applicable law, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, modification of, disclosure of, misuse of or loss or corruption of any personal information. Nothing in this Privacy Policy restricts, excludes or
modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law, including the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any liability which cannot be excluded due to the operation of applicable laws.

How long do we keep your personal information?

Generally, we will retain your personal information for the period necessary for the purposes for which your personal information was collected (as outlined in this Privacy Policy) unless a longer retention period is required by law or if it is reasonably necessary for us to comply with our legal obligations, resolve a dispute or maintain security.

When personal information is no longer required, we will take reasonable steps to delete the personal information from our systems or de-identify the personal information.

How can you access and correct your personal information?

You may request access to any personal information we hold about you at any time by contacting us at info@premcar.com. We will provide access to that information in accordance with the Privacy Act, subject to any exemptions that may apply. We may charge an administration fee in limited circumstances, but we will let you know in advance if that is the case.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it by contacting us at info@premcar.com. Where we agree that the information needs to be corrected, we will update it. If we do not agree, you can request that we make a record of your correction request with the relevant information.

Questions or complaints

If you have a query, concern or complaint about the manner in which your personal information has been collected or handled by us or would like to request access to or correction of the personal information we hold about you, please contact us using the details provided below:

The Privacy Officer
Premcar Pty Ltd
104 Gateway Boulevard Epping Victoria 3076 Australia
Phone: +61 (3) 8317 8200
Email: info@premcar.com

We are committed to resolving any complaints reasonably and to ensuring that we are doing the right thing by our customers. We will make all reasonable inquiries and your complaint will be assessed with the aim of resolving any issue in a timely and efficient manner.

If you have raised a complaint with us and you are unsatisfied with the outcome or have further concerns about the way we handle your personal information, under the Privacy Act, you may complain to the Information Commissioner at the Office of the Australian Information Commissioner, whose contact details are set out below

Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
Online: www.oaic.gov.au
Email: enquiries@oaic.gov.au

Changes to this Privacy Policy

We may change or update this Privacy Policy from time to time to keep up to date with legal requirements and the way we operate our business. An up-to-date version of this Privacy Policy is available at any time on this page. You are responsible for reviewing this Privacy Policy periodically and informing yourself of any changes. We suggest that you check back regularly. If we make significant changes to our Privacy Policy, we will seek to inform you by notice on our Website or by email.

Last updated: 11 May 2023