Privacy Policy

  1. GENERAL

    1. Charles Porter and Sons Proprietary Limited (ACN 009 659 232), Porters Glass & Aluminium (QLD) Pty Ltd and their Controlled Entities (as that term is defined in Section 50AA of the Corporations Act 2001 (Cth)) (currently trading as ‘Porters’, ‘Porters Mitre 10’, ‘Porters Manufacturing’, ‘Porters Truss & Frame’, ‘Porters Glass & Aluminium’, ‘Porters Plumbing Plus’, ‘Inspirations Paint Mackay’ and ‘Inspirations Paint Mackay Northern Beaches’) (referred to in this Privacy Policy as ‘we’ and ‘us’) are committed to protecting your privacy and personal information.  We are also committed to complying with the Privacy Act 1988 (Cth) (‘Privacy Act’), which includes the Australian Privacy Principles, in relation to all personal information.

    2. We collect, hold, use and disclose personal information in carrying on our business and in providing products and services to you. This Privacy Policy tells you how we collect, hold, use and disclose your personal information.

    3. This Privacy Policy also incorporates our policy on managing credit information (see particularly clauses 11, 12 and 13).

    4. This Privacy Policy applies to any person for whom we currently hold, or may in the future collect, personal information.

    5. Personal information is information that identifies you or from which you may reasonably be identified.  Information is not personal information where the information cannot be linked to an identifiable individual.

  2. WHAT KINDS OF INFORMATION DO WE COLLECT AND HOLD?

    1. The types of personal information we collect and hold will vary depending on your dealings with us.

    2. The personal information about you which we may collect and hold includes:

      • your name, address(es), telephone number(s), email address(es) and other contact information;

      • your date and place of birth;

      • identification information, including signature, driver’s licence number and/or student identification number;

      • information in relation to your employment arrangements and history (including but not limited to the name of any company you are employed by or associated with, your position, title, profession or occupation, work history and other work-related details);

      • tax file number (TFN) / Australian Business Number (ABN);

      • banking information (including but not limited to your bank account details and credit card details);

      • credit information (including details of your assets and credit history);

      • insurance information;

      • membership numbers or other personal identifiers related to your access to or use of our services and/or loyalty, reward, membership, trade card or subscription programs (if any);

      • transaction details relating to your purchase or use of our products, services or benefits;

      • if you apply for employment with us, your CV, references, application forms, education details, employment history and experience, areas of expertise, qualifications, contracts, engagement and offer letters;

      • criminal background and financial information (including that which is collected for pre-employment screening/checks) and other information derived from background checks, including previous address details;

      • emergency contact details;

      • images from video surveillance and other cameras in our store (including in car parks, pick up areas and store entrances);

      • digital information, such as cookies (which are small data files transferred onto devices when a website or app is accessed), tags and pixels (which ‘tag’ devices), software versions used, device identifiers (like IP addresses), location data (where available and not disabled by the user), dates, times, file metadata, referring websites/apps, data entered, and user activity (such as links clicked), app installations, app launches and details of items purchased or added to a basket or wish list;

      • sensitive information (subject to the qualifications below); and

      • any other personal information required to provide products or services to you.

    3. ‘Sensitive information’ is a subset of personal information and includes personal information that may have serious ramifications for the individual concerned if used inappropriately.

    4. The sensitive information we might collect and hold about you may include any of the following:

      • Details of your membership of professional or trade associations; and

      • Health and medical information (such as COVID-19 vaccination status, medical records, sickness absence records and medical certificates).

    5. Unless permitted under the Privacy Act, we will not collect sensitive information unless the information is reasonably necessary for one or more of our functions or activities and we have obtained the affected individual’s consent.

    6. From time to time, you may provide us and we may collect from you, the personal information of a third party.  Where you provide the personal information of third parties to us, you agree that you will ensure that those people are aware of, and understand, this Privacy Policy.

  3. HOW WE COLLECT PERSONAL INFORMATION?

    1. Our usual approach to collecting personal information is to collect it directly from you, unless it is unreasonable or impracticable to do so. 

    2. We may collect personal information from you in the following ways:

      • Through our interactions with you when you purchase or order products or services from us;

      • Through your access to and use of our website or when you email us;

      • During conversations with you in person (such as in-store or by telephone);

      • Through video surveillance cameras at our premises;

      • Through one of our marketing or promotional programs, events, platforms or portals or through our business development  or networking events;

      • Through loyalty, reward, membership, subscription or trade card programs;

      • Through our interactions with you on social media platforms;

      • If you access our website or apps, including by the use of cookies (which are small data files transferred onto devices when a website/app is accessed), tags and pixels (which ‘tag’ devices), and which may track what you view on our website or apps and on other websites/apps that you visit.  Cookies, tags and pixels may also come from third party services (such as Facebook) for the purpose of collecting data to enable website or app performance measurement and personalised advertising;

      • From surveys and customer feedback forms;

      • From third party providers and suppliers;

      • Through competitions and promotions run or supported by us;

      • When you subscribe to receive communications from us; and

      • From any other consultants we engage from time to time;

      • When you make enquiries regarding products or services, make a complaint, provide feedback or seek a refund;

      • When you apply for credit terms with us or complete an application, purchase order, agreement or similar paperwork;

      • When you apply for employment with us, including through pre-employment screening/checks (which may include medical assessments, criminal record checks and bankruptcy checks);

      • Through your participation in our induction, safety or compliance processes;

      • In the course of us providing you with a requested product, service or benefit (including our interactions with third parties to provide the requested product, service or benefit, where applicable); and/or

      • When you have other dealings with us.

    3. We may also collect personal information from third parties including:

      • our business partners and franchisors;

      • third parties we collaborate with to conduct marketing and promotional activities (including suppliers and retailers and their service providers);

      • publicly available sources, including Australian government agencies, internet search platforms and social media platforms;

      • in connection with pre-employment screening checks (e.g. medical records and health information may be collected from a medical practitioner as part of a pre-employment medical examination);

      • credit reporting agencies, credit providers, law enforcement agencies and government entities; and

      • your representatives (including legal representatives and any people you nominate if you submit an employment application with us).

  4. WHY DO WE COLLECT, HOLD, USE OR DISCLOSE PERSONAL INFORMATION?

    1. We collect, hold, use and disclose personal information for a variety of different purposes relating to our functions and activities. 

    2. The primary purpose for which information is collected is to provide the products and services requested by you or your business, including:

      • supplying you with building, hardware, plumbing and lifestyle products;

      • providing you with glass and fabrication services;

      • supplying or providing you with glass and fabrication and/or truss and frame products or services; and

      • providing with you any other products or services connected to our business as a full-scale building supply and hardware business;

      • providing advice to you regarding our products and services; and

      • for delivery purposes.

    3. We also collect, hold, use and disclose personal information for the following secondary purposes which are within your reasonable expectations and which are related to the primary purpose of collection, including:

      • to establish and maintain our relationship with you;

      • to provide you with information to enable you to remain in contact with us;

      • to keep a record of our transactions with you;

      • to promote and advertise our products and services;

      • to assess and process any applications you submit with us;

      • to provide the products or services you have requested from us, keep a record of them and process any payments you make to us;

      • to process refunds, exchanges and product recalls;

      • to ensure that you can provide products or services to us in the course of any engagement that we may have with you;

      • to notify you of, invite you to, and register you for, our events and promotions;

      • to administer our promotions and competitions;

      • to provide credit to you, or pay you for products or services you provide to us;

      • to respond to your enquiries and feedback;

      • to process and respond to your complaints;

      • to perform our internal and external administrative functions;

      • to assist with future enquiries;

      • to conduct surveys;

      • for the purposes of customer testimonials and comments;

      • to assess the performance of our website and improve the operation of the website;

      • to assist in determining your product or service preferences and interests or preferred store locations and to tell you about products or services that may be of interest to you;

      • to assist us to develop new products and services and to improve our product and service offerings;

      • to assist us in ensuring security, health and safety and customer protection in our stores (including car parks, pick up areas and store entrances);

      • to undertake data processing, data analysis, market and trend analysis;

      • to conduct due diligence;

      • to enable us to perform any duties we owe to you;

      • to otherwise enable us to perform our business activities and functions;

      • to monitor our sales and for quality control purposes;

      • any other purposes described to you at or around the time of collection of your information;

      • purposes for which you have provided your consent;

      • to enforce our legal rights and obtain professional advice;

      • to comply with industry standards and our policies;

      • to assist us and our service providers and third parties who we share information with for loss prevention or law enforcement purposes in investigating and preventing any potential, suspected or actual breaches of law or fraudulent activities;

      • to investigate, review and mitigate risks associated with, and inform you of, potential or actual data or other security breaches affecting you; and

      • as required or authorised by law or a court or tribunal order.

    4. In the case of potential employees, the primary purpose the information is collected is to assess the individual’s suitability for employment.

    5. In limited circumstances, it may be possible for you to use a pseudonym or remain anonymous when dealing with us (for example, making a general enquiry with us). However, if you would like to order a product or service from us, we will need your personal information in most instances in order to supply you with the product or service.

  5. DIRECT MARKETING

    1. If we have your consent or are otherwise permitted by law to do so, we may also use and disclose your personal information to send direct marketing to you from us, our business partners, our franchisors and other third parties.

    2. Direct marketing may relate to:

      • our products and services;

      • the products and services of other parties;

      • promotions run by us or other parties; or

      • other new developments we believe may be of interest to you.

    3. Direct marketing also includes personalising the layout of our website/apps to display products or services that may be of interest to you and providing targeted advertising content to you (including through third party websites/apps).

    4. You may opt out of receiving direct marketing from us or third parties through unsubscribe or opt out functions or by following the prompts provided in the direct marketing communication, or in the case of online advertising, by managing your preferences in digital platforms such as Google or Facebook.

  6. WHO DO WE DISCLOSE YOUR PERSONAL INFORMATION TO?

    1. We may disclose your personal information to various third parties who we engage to assist in performing our business activities and functions, including those who help to provide our products and services to you. The third parties we may disclose your personal information to include:

      • our employees;

      • manufacturers, suppliers, partners and franchisors;

      • couriers and delivery contractors;

      • marketing consultants and promotion companies (some of whom are engaged for the purposes of direct marketing products, services and promotions to you);

      • professional advisers, such as accountants, solicitors, business advisers and consultants;

      • government bodies and regulatory authorities;

      • credit reporting agencies or bodies;

      • companies that we plan to merge with or be acquired by or who may invest in us;

      • payment processors, debt collectors, web hosting providers, IT service providers and other third-party service providers that are used by us to store the collected information.

      • business support service providers (for example our software suppliers, debt collection agencies, data backup provider, law and accounting firms or other consultants);

      • any other third party we deem necessary in connection with providing you with products or services.

    2. We will otherwise only disclose personal information to third parties if permitted by the Privacy Act.

  7. HOW DO WE STORE, MANAGE AND PROTECT THE PERSONAL INFORMATION WE COLLECT?

    1. We store personal information in a combination of physical and electronic formats, including computer storage facilities, paper-based files and other records. In so doing, we have taken reasonable steps to protect your personal information from misuse, interference and loss, and unauthorised access, modification or disclosure.

    2. No data transmission via the internet can be guaranteed to be secure.  As a result, we cannot ensure or warrant the security of any personal information transmitted by you to us via the internet.

    3. We manage and protect the personal information we collect in numerous ways, such as by:

      • implementing procedures for identifying and managing privacy risks;

      • implementing security systems for protecting personal information from misuse, interference and loss from unauthorised access, modification or disclosure;

      • providing staff with training on privacy issues;

      • implementing mechanisms to ensure any agents or contractors who deal with us comply with the Privacy Act;

      • implementing procedures for identifying and reporting privacy breaches and for receiving and responding to complaints;

      • appointing a senior employee within the business to monitor privacy compliance; and

      • allowing individuals the option of not identifying themselves, or using a pseudonym, when dealing with us in particular circumstances.

    4. We take reasonable steps to destroy or permanently de-identify the information when we no longer need your personal information.

  8. WE WILL NOT DISCLOSE YOUR PERSONAL INFORMATION OUTSIDE AUSTRALIA

    1. We do not disclose personal information outside of Australia.  Note, however, the provisions in clauses 9 and 10.

  9. EXTERNAL WEBSITES
    Our website provides links to other websites.  We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners or their practices. This Privacy Policy does not apply to these other websites.  They are subject to any privacy and other policies they may have.

  10. SOCIAL MEDIA FEATURES
    Our website includes social media features, such as Facebook and Instagram ‘Like’ functions, and widgets such as the ‘Share This’ function or interactive mini-programs that run on our sites. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our website. This Privacy Policy does not apply to these features.  Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.

  11. HOW DO WE MANAGE AND WHY DO WE COLLECT YOUR CREDIT INFORMATION?

    1. In the course of providing products or services to you, we may collect and hold the following kinds of credit information:

      • your identification information;

      • information about any credit that has been provided to you;

      • your repayment history;

      • information about your overdue payments;

      • whether any terms and conditions of your credit arrangements have been varied;

      • whether any court proceedings have been initiated against you in relation to your credit activities;

      • information about any bankruptcy or debt agreements involving you;

      • any publicly available information about your creditworthiness; and

      • any information about you where you may have fraudulently or otherwise committed a serious credit infringement.

    2. In some circumstances, we may collect credit information and personal information from credit reporting bodies (e.g. Equifax). The kinds of information we collect may include any of those kinds of information outlined in clauses 2.

    3. We may also collect personal information which may affect your creditworthiness with other credit providers that collect that information from credit reporting bodies. The kinds of personal information we collect may include any of those kinds of personal information outlined in clause 2.2 of this policy.

    4. In most cases, we will only collect credit information about you if you disclose it to us.

    5. Other sources we may collect credit information from include:

      • credit reporting bodies (Equifax);

      • the Building Industry Credit Bureau;

      • our insurance broker; and

      • suppliers and other creditors.

    6. We store and hold credit information in the same manner as outlined in clause 7 of this policy.

    7. Our usual purpose for collecting, holding, using and disclosing credit information about you is to enable us to provide you with products or services, or to assess your credit eligibility.

    8. We may also collect credit information to assist in processing payments.

  12. WE WILL NOT DISCLOSURE YOUR CREDIT INFORMATION OUTSIDE AUSTRALIA

    1. We will not disclose your credit information outside Australia unless you expressly request or authorise us to.

  13. HOW DO YOU ACCESS, CORRECT OR MAKE COMPLAINTS ABOUT YOUR PERSONAL INFORMATION OR CREDIT INFORMATION?

    1. You may request access to the personal information (including credit information) held by us or ask for your personal information to be corrected or make a complaint by contacting our CEO (contact details below).  We will grant you access to your personal information in accordance with the Privacy Act.  We will respond to any requests for access or correction within a reasonable time.

    2. In keeping with our commitment to protect the privacy of personal information, we may not disclose personal information to you without proof of identity.

    3. We may deny you access to personal information if:

      • the request is unreasonable;

      • providing access would have an unreasonable impact on the privacy of another person;

      • providing access would pose a serious and imminent threat to the life or health of any person; or

      • there are other legal grounds to deny the request.

    4. If we deny you access to the personal information held about you, or if we refuse to correct the information, we will provide reasons for such refusal.  If you object, you may make a complaint in the manner outlined below.

    5. We will take reasonable steps to make sure that the personal information we collect, use or disclose is accurate, complete and up to date.  You should contact us if your personal information changes.

    6. If you have any questions about this Privacy Policy or wish to update information we hold about you please contact our CEO (contact details below).

    7. If you believe there has been a breach of your privacy, then you can make a complaint by using the following process:

      • The complaint must be firstly made to us in writing, using the contact details in this clause. We will require a reasonable time to respond to the complaint.

      • In the unlikely event that our response to your complaint does not resolve the issue or address you concerns to your satisfaction, you may take your complaint to the Office of the Australian Information Commissioner.

    8. A person may make a complaint or request to access or correct personal information about them held by us. Such a request must be made in writing to the following address:

      CEO:                                   Hayden Cargill
      Postal Address:             Porters Mitre 10, PO Box 34, Mackay, Queensland, 4740
      Telephone number:     (07) 4969 2509
      Email address:               hcargill@cporter.com.au

  14. CHANGES TO THE POLICY

    1. This Privacy Policy was updated in March 2023.

    2. We may update, modify or remove this Privacy Policy at any time without prior notice. Any changes to the Privacy Policy will be published on our website.

    3. If you have any comments on the Privacy Policy, please contact our CEO (contact details above).