PRIVACY POLICY

 

Yella Terra P/L recognise that your personal information is important to you and that you are concerned with its collection, use and disclosure. Yella Terra P/L, like other companies operating in Australia, is bound by the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) which set clear standards regarding these activities.

This policy contains information about:

• When you can deal with Yella Terra P/L anonymously;
• The purposes for which Yella Terra P/L collects, holds, uses and discloses personal information;
• The types of personal information that Yella Terra P/L collects;
• How Yella Terra P/L collects and holds personal information;
• How you may access the personal information that Yella Terra P/L holds about you, and how you may seek correction of that personal information; and
• How you may complain about a breach of the Australian Privacy Principles by Yella Terra P/L and how Yella Terra P/L will deal with such a complaint. 

When can you deal with Yella Terra P/L anonymously?

Generally, you can deal with Yella Terra P/L anonymously (i.e. without identifying yourself). In certain circumstances however, Yella Terra P/L will ask you to provide personal information because it is required by law to do so, or because it would be impracticable to deal with you anonymously.

These circumstances include where you order goods online, where you apply to purchase goods on finance, where you return goods for repair, where you create a Yella Terra account, where you enter one of our competitions, when you submit a request, enquiry, complaint, consumer guarantee or warranty claim, when you pre-order goods and when you purchase goods.

 

USE OF PERSONAL INFORMATION

Yella Terra P/L collects, holds, uses and discloses personal information for a number of purposes connected with our business operations, which include:

• Providing you with products and/or services requested
• Dealing with requests, enquiries, complaints, consumer guarantee or warranty claims, and other customer care related activities
• Marketing our products and services and providing advice on our products
• Developing and improving our products and services
• In connection with our loyalty or reward programmes and competitions
• The operation and administration of accounts or subscriptions that you have with us
• Payment processing
• Carrying out certain checks (for example, for our fraud or theft prevention processes, if you wish to open an account with us, obtain credit from us or pick-up goods in-store that have been ordered online)
• Interacting with companies or organisations with whom Yella Terra P/L has a business relationship (where you work for, or otherwise represent, such an organisation)
• Reconciling payments due to Yella Terra P/L from suppliers in relation to goods or services provided to you by those suppliers
• Purposes relating to any third party acquisition or potential acquisition of an interest in Yella Terra P/L or its assets
• Complying with our obligations under agreements with third parties
• Carrying out any activity in connection with a legal, governmental or regulatory requirement that we have to comply with, or in connection with legal proceedings, crime or fraud prevention, detection or prosecution

We may also use and disclose your personal information for other purposes related to those described above which would be reasonably expected by you.

Documents (including hard copy documents and electronic documents such as emails) that coincidentally contain personal information will also be retained in accordance with Yella Terra P/L 's normal document retention practices for accounting, legal and business purposes. 

You have no obligation to provide any personal information requested by us.

However, if you choose not to do so where we require this information, we are unlikely to be able to provide you with the goods and services that you want.

 

TYPE OF PERSONAL INFORMATION COLLECTED

The kinds of personal information we collect or which we may hold about you may include:

• Your name
• Your address
• Your date of birth
• Your telephone number(s)
• Your e-mail address
• Payment information
• Transaction information
• Your user name and password
• Details about your earnings (if you are buying products using a finance plan);
• Information contained on identification documents (such as driving licences) and, in some specific cases, copies of such identification documents, where we require these to verify your identity
• Information on how you use our products and services
• Your Internet Protocol ("IP") address, server address, domain name and information on your browsing activity when visiting one of our websites
• Your user name for social networking sites that you use, to refer to, or in conjunction with, our goods and services
• Personal preferences regarding products and services

 

COLLECTION OF PERSONAL INFORMATION

We collect personal information in a number of ways including:

• When you order goods or services from us
• When you set up an account with us
• When you purchase certain products or extended warranties from us
• When you pay for goods by cheque
• When you subscribe to our catalogues or mailing lists
• When you enter competitions or promotions that we run
• When you provide us your details for customer care purposes
• When you browse one of our websites (further information is set out later in this Privacy Policy)
• When you submit an enquiry using one of our websites
• When you complete surveys or provide online feedback or product reviews
• When you publicly comment about us on social media sites (for example so that we can answer questions about our products)

Yella Terra P/L will collect your personal information directly from you.

Yella Terra P/L also holds information, collected incidentally, concerning individuals who work for companies or organisations that have a business relationship with Yella Terra P/L.

Additionally, if you apply for a job with Yella Terra P/L, we may collect personal information about you from any third parties that you nominate as your referees in your application.

 

HOLDING INFROMATION

Yella Terra P/L holds personal information in a number of ways, including:

• As part of customer records and other electronic documents on which personal information is contained which are stored on our information technology systems and servers operated by third parties who provide services to us in connection with our business
• By securely storing hard copy documents on which personal information is contained, at our various premises and using third party document management and archiving services
• Marketing

When you create an account with us your details will be added to our marketing database to receive information relating to Yella Terra P/L and our products. You may also choose to receive such information by subscribing to our marketing database via one of our websites. 

To opt-out of receiving Yella Terra P/L marketing materials, you will need to unsubscribe from our marketing database. To do this, simply select the "unsubscribe" option in one of the emails that you receive from us. 

Please note that if you have an account with Yella Terra P/L, we may still need to send you essential information about your account.

 

DISCLOSURE OF INFORMATION

Yella Terra P/L may disclose or receive personal information or documents about you to/from:

• Organisations that provide services to us in connection with our business, including customer support, payment processing, administration, archival, data storage, hosting, research, mail and delivery, installation, distribution, logistics, marketing, auditing, share registry, consulting, financial and legal advisory, banking, debt collection, security or technical services and the operation of the Yella Terra P/L website
• If you return goods to Yella Terra P/L to be repaired, our repairs system administrator, the manufacturer of the goods and authorised repairers;
• Law enforcement agencies to assist in the prevention, investigation and prosecution of criminal activities;
• Parties involved in any third party acquisition or potential acquisition of an interest in Yella Terra P/L or its assets;
• Our insurers and insurance brokers; and
• To other third parties where you have specifically consented to the disclosure of information to these third parties. 

Yella Terra P/L is likely to disclose the personal information that it collects and holds about you to third parties who are not in Australia (such as third parties who are located in the United States of America, the United Kingdom, and other).

 

PERSONAL INFORMATION OBTAINED THROUGH JOB APPLICATION PROCESS

If you apply for a job with us, you may be required to provide us with certain personal information, including your name, employment and educational background, and other personal information, which we may require you to provide, or which you choose to provide us, in relation to your job application.

We will hold, use and disclose that information solely for the purpose of considering your application. In particular, in considering your application, it may be necessary for us to disclose some of that information to third parties to verify the accuracy of that information. In such circumstances, we will disclose only such information as is necessary in the circumstances.

In considering your application, we may also collect personal information about you from any third parties that you nominate as your referees in your application.

 

SECURITY OF PERSONAL INFORMATION

We will take reasonable steps to ensure that the personal information that we hold is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure. 

HOW TO ACCESS AND UPDATE PERSONAL INFORMATION

Upon your request, Yella Terra P/L will provide access to your personal information that we hold (except in certain circumstances set out in the Privacy Act 1988 (Cth)).

Yella Terra P/L reserves the right to charge you an administration fee for providing access to your personal information and will require some proof of your identify before providing information to you.

You may also request us to correct the personal information that Yella Terra P/L holds about you. If you do so and we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, Yella Terra P/L will take such steps as are reasonable in the circumstances to correct your personal information to ensure that, having regarding to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.

To request access to the personal information that Yella Terra P/L holds about you, or to update or correct that personal information, please send a written request to:

Yella Terra Pty Ltd

53 Industrial Drive,

Braeside, VIC 3195

Phone: (03) 9555 5522

Email: sales@yellaterra.com.au

 

In addition if you are a subscriber to our marketing database you can also update your details via the "unsubscribe" option in one of the emails that you receive from us.

 

COMPLAINTS

If you are concerned that the way Yella Terra P/L collects, holds, uses or discloses your personal information may be in breach of the Australian Privacy Principles, please send written details of your complaint to:

Yella Terra Pty Ltd

53 Industrial Drive,

Braeside, VIC 3195

Phone: (03) 9555 5522

Email: sales@yellaterra.com.au

 

COMPLAINTS PROCESS

After receiving a complaint, we will consider whether we need any further information from you to properly consider and investigate the complaint, and may request such information from you. 

We will then:

• Conduct internal discussions with the relevant business units involved in the collection, holding, use or disclosure of your personal information which is the subject of your complaint, and evaluate whether we believe that such collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles
• Notify you of the results of our investigation of your complaint

If the conclusion of our investigation is that our collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles, we will take steps to remedy the breach as soon as reasonably practicable.

We will endeavour to notify you of the results of our investigation of your complaint within 30 days of receiving your complaint.

However, if your complaint involves complex matters or requires extensive investigation and consultation, it may not be possible to respond within this timeframe.

If you are not satisfied with our response to your complaint you are entitled under the Privacy Act 1988 (Cth) to make a complaint to the Office of the Australian Information Commissioner. Information about how to make a complaint is available from the Office of the Australian Information Commissioner's website (www.oaic.gov.au).

 

USERS OF WEBSITES 

If you visit Yella Terra P/L websites (the "Websites") to read, browse or download information, our system may record information such as the date and time of your visit to the Website, the pages accessed and any information downloaded. This information is used (i) for statistical and reporting purposes; (ii) for website administration, security and maintenance purposes; and (iii) to direct you to material on our Websites that we believe will be of interest to you.

Like many websites, our Website may use "cookies" from time to time. Cookies are small text files that we transfer to your computer's hard drive through your web browser to enable our systems to recognise your browser and your log-in status. Cookies may also be used to record non-personal information such as the date, time or duration of your visit, or the pages accessed, for website administration, statistical and maintenance purposes. Any such information will be aggregated and not linked to particular individuals. The default settings of browsers like Internet Explorer usually allow cookies, but users can easily erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of the Website may not function fully for users that disallow cookies.

While we take great care to protect your personal information on our Website and use state-of-the-art data transmission encryption, unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, we cannot ensure or warrant the security of any information that you send to us or receive from us online. This is particularly true for information you send to us via email. We have no way of protecting that information until it reaches us. Once we receive your transmission, we use our best efforts to ensure its security in our possession.

The Websites may contain links/ plug-ins to other sites. We are not responsible for content of, or the privacy practices or policies of, those sites.

 

EXEMPTIONS

Yella Terra P/L sometimes handles personal information relying on exemptions under the Privacy Act 1988 (Cth), for example in relation to (i) employee records; (ii) related bodies corporate; (iii) provision of services to State or Territory authorities; and (iv) operations outside Australia relating to personal information of non-Australians.

Any permitted handling of personal information under such exemptions will take priority over this Privacy Policy to the extent of any inconsistency.

 

PRIVACY QUERIES

If you have any queries or concerns, further information can be obtained by contacting:

Yella Terra Pty Ltd

53 Industrial Drive,

Braeside, VIC 3195

Phone: (03) 9555 5522

Email: sales@yellaterra.com.au

 

YELLA TERRA PTY. LTD.

A.C.N. 109 863 756

Date of Issue: 5 December 2022