Privacy
SUTTON TOOLS PTY LTD
PRIVACY POLICY
Effective date: 1st August 2023
This document (privacy policy) describes how Sutton Tools Pty Ltd ABN 12 004 175 731 of 378 Settlement Road, Thomastown VIC 3074 (Sutton Tools) collects, uses, discloses and otherwise handles personal information (as defined in this privacy policy) that Sutton Tools collects from you, including through your access to and use of Sutton Tools’ website.
Sutton Tools takes its obligations under the Privacy Act 1988 (Cth) (Privacy Act) seriously. Sutton Tools is committed to providing quality products and services to you. This privacy policy outlines Sutton Tools’ ongoing obligations to you in respect of how Sutton Tools manages your personal information, including in relation to the Australian Privacy Principles (APPs) under the Privacy Act. A copy of the APPs may be obtained from the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.
Sutton Tools reserves the right to change, replace or update this privacy policy from time to time. Sutton Tools will make the new version of the privacy policy available on its website. Sutton Tools encourages you to regularly review the website to ensure that you are familiar with Sutton Tools’ current privacy policy.
1. What is personal information and what personal information does Sutton Tools collect from you?
For the purposes of this privacy policy, personal information is any information or opinion about an identified individual or an individual who is reasonably identifiable, regardless of whether the information or opinion is true or not.
As described in detail below, Sutton Tools may collect certain personal information about you in connection with your use of, or your submissions to, the website and the content made available on the website. Sutton Tools may collect one or more of the following type(s) of personal information, depending on how you interact with Sutton Tools:
1.1. Your name and other information that may be used to identify you;
1.2. Your mail and/or street address information;
1.3. Your email address and your telephone number (including land line and mobile phone number);
1.4. Information that you provide to us when completing client surveys, questionnaires and promotions;
1.5. Your device identity and type, your IP address, geo-location information, page view statistics, advertising data and standard web log information; and
1.6. Any other information that can be used (either singly or in combination with other information) to identify you.
Sutton Tools generally does not collect sensitive information about you. For the purposes of the foregoing, the Privacy Act defines sensitive information to include information or opinion about your racial or ethnic origin, your membership of a political membership and/or membership of a trade union or other professional body, information relating to your religious or philosophical believes, health information, information relating to your criminal record (if any), and information relating to your political opinions.
This privacy policy explains explain why Sutton Tools collects this personal information, how Sutton Tools may use this information and potential recipients of Sutton Tools’ usual disclosures of personal information.
2. How does Sutton Tools collect personal information from you?
Sutton Tools collects personal information in a number of ways, as explained in further detail below. While Sutton Tools uses reasonable efforts to collect personal information about you directly from you, Sutton Tools may also collect personal information about you from third parties.
Sutton Tools only collects personal information which is reasonably necessary for one or more of Sutton Tools’ functions or activities and Sutton Tools only collects personal information by lawful and fair means, in accordance with the Privacy Act.
Sutton Tools may collect personal information using any one or more of the following means:
2.1. When you communicate with Sutton Tools, sign up for materials from Sutton Tools, and when you interact with Sutton Tools via Sutton Tools website: Sutton Tools may collect personal information when you communicate with Sutton Tools and when you submit information to Sutton Tools (including via Sutton Tools’ website). Sutton Tools may also collect personal information about you when you interact with Sutton Tools’ website or use the website features, tools and functionality, and when you sign up to receive newsletters, updates or other information from Sutton Tools.
2.2. When Sutton Tools leverages and/or collects information from cookies, device IDs, geo-location data, data from the environment and data from other tracking technologies: Sutton Tools may collect personal information about you by using cookies and other technologies (such as web beacons, device IDs, geo-location information, HTML 5 local storage, Flash cookies and IP addresses). For further information about Sutton Tools’ use of such technologies, please see below at section [x] of this privacy policy.
2.3. When Sutton Tools collects personal information from third parties or from publicly available sources of information: in certain circumstances, Sutton Tools may obtain certain personal information about you from third party sources. Sutton Tools may combine your personal information with data that Sutton Tools obtains from its services, other users and third parties.
3. Anonymity and pseudonymity
Where it is lawful and reasonable for you to do so, you have the right to deal with us on an anonymous or pseudonymous basis. As permitted by law, and subject to the following, Sutton Tools will give you the option of not identifying yourself, or of using a pseudonym, in dealing with Sutton Tools.
However, if you choose to interact with Sutton Tools in an anonymous or pseudonymous fashion, or you do not provide Sutton Tools with personal information on request, then Sutton Tools may be unable to provide you with the products or services you request.
Further, Sutton Tools reserves the right to verify your identity in certain circumstances. For example, Sutton Tools may need to verify your identity when you request that Sutton Tools provides certain products or services to you, in order to liaise with other service providers and in order to comply with its statutory and regulatory obligations. Additionally, when you request access to or correction of the personal information Sutton Tools hold about you, or when you wish to make a complaint regarding how Sutton Tools has handled your personal information, Sutton Tools reserves the right to verify your identity and contact details in order to facilitate its satisfaction of your access or correction request, or to investigate and to deal with your complaint.
Sutton Tools may create de-identified or anonymous data from personal information by removing data components (such as your name, email address, or linkable tracking ID) that makes the data personally identifiable to you or through obfuscation or through other means. Sutton Tools’ use of de-identified or anonymised data is not subject to this privacy policy.
4. Receipt of unsolicited personal information
Generally, Sutton Tools only collects personal information when it is specifically requested or when Sutton Tools takes active steps to collect that information. From time to time, however, personal information about an individual may be provided or volunteered to Sutton Tools on an unsolicited basis.
Where Sutton Tools receives personal information on an unsolicited basis, then (in accordance with Sutton Tools’ statutory obligations), Sutton Tools will promptly determine whether such personal information could lawfully have been collected had Sutton Tools requested the information or otherwise had actively sought the provision of such information.
5. Why Sutton Tools collects personal information
Sutton Tools may collect, use, disclose and process personal information for a number of different purposes as set out in detail below. Sutton Tools collect and use personal information for one or more of the following purposes:
5.1. To operate its business and to provide the Website (including to maintain the Website and to communicate with you regarding the Website, such as to provide you with notices regarding changes to the Terms of Use and/or this privacy policy and to enforce the Terms of Use, and to develop, provide and improve the Website, such as to better tailor the features, performance, security and support of the Website and for statistical and analytics purposes in relation to the Website);
5.2. To provide products, services and information to you, to Sutton Tools’ service providers, and to take steps in response to information requests or inquiries you may submit prior to entering into a contract with us;
5.3. To ask that you participate in and to complete questionnaires and surveys, to administer questionnaires and surveys that you have agreed to complete, and to gather information and feedback about Sutton Tools’ performance;
5.4. To comply with Sutton Tools’ contractual and legal obligations, to resolve disputes and to enforce our agreements with third parties;
5.5. To share information with Sutton Tools’ related bodies corporate and other members of the group of companies that includes Sutton Tools;
5.6. For record keeping and administrative purposes, and to consider applications for employment with Sutton Tools;
5.7. For fraud, loss, and other crime prevention purposes;
5.8. For direct marketing purposes, including to enable Sutton Tools to send you marketing and promotional messages and other information that may be of interest to you, via email, SMS, social media or direct mail (subject to you not exercising your right to opt out of your receipt of such messages);
5.9. To assist in the investigation of suspected illegal or wrongful activity, and to protect and to defend our rights and property, or the rights or safety of third parties;
5.10. To comply with laws, regulators, court orders and other legal obligations, or pursuant to legal processes;
5.11. Subject to applicable contractual or legal restrictions, in connection with contemplated reorganisation or an actual reorganisation of Sutton Tools’ business, in connection with financing, a sale or other transaction involving the disposal of all or part of Sutton Tools’ business or assets, including for the purpose of permitting due diligence required to decide whether to proceed with a transaction; and
5.12. To maintain a safe working environment for Sutton Tools’ staff and contractors.
6. Disclosure of personal information to third parties
Sutton Tools may disclose personal information Sutton Tools collects to third parties but only on an as-needs basis and only to fulfil one or more of the purposes for which Sutton Tools collected the information, any secondary purpose related to the primary purpose(s) of collection, and otherwise as required or authorised by law.
6.1. Your organisation. Where you deal or engage with us on behalf of an organisation, Sutton Tools may disclose some or all of your personal information to other persons from your organisation to operate Sutton Tools’ business, to provide the Website and to provide Sutton Tools’ products, services and information to you and your organisation.
6.2. Related bodies corporate. Sutton Tools may disclose some or all of your personal information to its related bodies corporate for the purposes described in this privacy policy. Where Sutton Tools discloses such information with our related bodies corporate, Sutton Tools will require its related bodies corporate to honour this privacy policy.
6.3. Service providers. Sutton Tools may disclose personal information to its business partners, distributors, service providers, marketing providers, and vendors in order to maintain the Website and to provide, improve and personalise the products and services. Sutton Tools may also disclose personal information for other technical and processing functions, such as sending emails on its behalf, technical support, or otherwise operating the Website, for analytics, and for marketing purposes. Such third parties may have access to personal information only as needed to perform their functions for Sutton Tools, and they may not use personal information for other purposes.
6.4. Persons authorised by you. Sutton Tools may disclose some or all of your personal information to persons to whom you authorise Sutton Tools to disclose your personal information.
6.5. As authorised by law. Sutton Tools may also disclose some or all of your personal information to comply with applicable laws and regulations, to respond to a lawful request for information Sutton Tools receives, or as otherwise pursuant, authorised or required by law (including under the Privacy Act 1988 (Cth)). Sutton Tools may also use and disclose personal information to establish or exercise its legal rights, to enforce its Terms of Use and other contracts with you or your organisation, this Privacy Policy, or agreements with third parties, to assert and defend against legal claims, or if Sutton Tools believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.
6.6. Professional advisers, insurers and auditors. Sutton Tools may also disclose some or all of your personal information to our professional advisers (including its lawyers and accountants), its insurers and its auditors for the purpose of its advisers, insurers and auditors completing their obligations owed to Sutton Tools.
7. Sutton Tools’ use and disclosure of de-identified or anonymised data.
Sutton Tools may create de-identified or anonymised data sets from personal information by removing data components that makes the information personally identifiable to you or through obfuscation or through other means. Sutton Tools’ use and/or disclosure of anonymised or de-identified information is not subject to this privacy policy.
8. Links to other websites.
The Website may contain links or otherwise provide access to other websites, mobile applications or Internet locations (Third Party Sites). This privacy policy does not apply to Third Party Sites. Sutton Tools encourages you to read the privacy policies of any Third Party Site with which you choose to interact.
9. Disclosure of personal information to recipients located outside Australia.
9.1. Generally, Sutton Tools does not disclose personal information to recipients located outside Australia.
9.2. However, Sutton Tools may engage third party service providers (including cloud providers and website hosting providers) that provide some or all of their services to Sutton Tools from location(s) outside Australia. If Sutton Tools does so, then Sutton Tools will take reasonable steps to ensure that such service providers deal with the personal information to which they have access in a manner consistent with this privacy policy and in compliance with the requirements of the Privacy Act 1988 (Cth).
9.3. If you communicate with Sutton Tools via email, through a social network service or through some other electronic process, the communication may be routed through servers that are located outside Australia and, in relation to a message sent to Sutton Tools through a social network service (such as Twitter or Facebook), the social network provider and its partners may collect, hold and process personal information in a jurisdiction outside Australia.
10. Security.
Sutton Tools takes reasonable steps to ensure that your personal information is kept secure and protected from misuse, interference and loss, and from unauthorised access, modification or disclosure. Sutton Tools uses technical and organisational security measures designed to secure and protect personal information. Please note, however, that Sutton Tools cannot eliminate security risks associated with the storage and transmission of personal information.
11. Quality of personal information.
Sutton Tools takes reasonable steps to ensure that personal information collected, used and disclosed is accurate, complete and up-to-date. However, the accuracy, completeness and currency of the personal information Sutton Tools holds largely depends on the accuracy of the information you supply to Sutton Tools. If at any time you discover that any personal information held about you is inaccurate, incomplete, outdated, irrelevant or misleading, please contact us to request correction of the information. Sutton Tools will handle a correction request in accordance with the procedures set out in this privacy policy. In doing so, Sutton Tools reserves the right to verify the identity of the person making a correction request before processing the request.
12. Access to and correction of personal information
12.1. Sutton Tools will provide access to your personal information within a reasonable period of time following Sutton Tools’ receipt of your request, unless an exception applies. The exceptions include: (a) where the access poses a serious threat to the life or health or safety of the individual, public health or public safety; (b) where the request is frivolous or vexatious; (c) where the request relates to existing or anticipated legal proceedings or to current negotiations between you and Sutton Tools; (d) the request is unlawful, would impede or prejudice any investigation of unlawful activity; or (e) where Sutton Tools is required or authorised by or under Australian law or a court/tribunal order to not comply with the request.
12.2. Where Sutton Tools does not provide you with access to your personal information, Sutton Tools will explain to you the reason for denying access and provide details in relation to the relevant complaint process, should you not agree with Sutton Tools’ reasons.
12.3. While Sutton Tools will not charge a fee for making an access request, Sutton Tools is authorised by law to charge a reasonable fee to cover its costs incurred in providing access to your personal information, and Sutton Tools reserves the right to charge a reasonable fee to cover our costs incurred in providing access to your personal information.
12.4. If you can establish that the personal information Sutton Tools holds about you is not accurate, complete or up-to-date, or is irrelevant or misleading, Sutton Tools will take reasonable steps to correct the information. If Sutton Tools has disclosed inaccurate, incomplete, out-of-date, irrelevant or misleading information to a third party, Sutton Tools will take reasonable steps to ensure that the recipient is aware of the correction.
12.5. Sutton Tools may request from you information in order to verify your identity and your connection to the individual about whom you request personal information, if required. Further, Sutton Tools reserves the right to redact information included in the personal information, in order to protect the privacy of other individuals.
13. Complaints procedure.
If you any query or complaint about how Sutton Tools has handled your personal information, please contact Sutton Tools, at the details set out below. Sutton Tools will provide a response to you within a reasonable time period following receipt, in accordance with applicable law. Sutton Tools reserves the right to verify the identity of the person making the complaint and to seek (where appropriate or reasonable) further information from the complainant about the circumstances of the complaint. Sutton Tools reserves the right to refuse to investigate or to otherwise deal with a complaint where permitted by law. For example, Sutton Tools may refuse to investigate or to otherwise deal with a complaint if Sutton Tools considers the complaint to be vexatious or frivolous. If you are not satisfied with Sutton Tools’ determination, then you may escalate the complaint to the Office of the Australian Information Commissioner.
14. Contact Sutton Tools.
For further information about Sutton Tools’ privacy policy or practices, or to request access to or correction of your personal information Sutton Tools holds about you, or to make a complaint, please contact Sutton Tools using the details below:
14.1. Email: cservice@sutton.com.au
14.2. Mail Address: Sutton Tools, 378 Settlement Road, Thomastown, 3074, Victoria