COMPANY POLICY

1. Purpose of Policy and A.C.C.’s Commitment

The purpose of this Privacy Policy (Policy) is to set out how A.C.C. Austpac Commodities Pty Ltd (A.C.C. or the Company) complies with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act) and manages privacy within in its organisation.

2. Scope

This Policy sets out A.C.C.’s obligations in respect of the collection, use and storage of Personal Information.

A.C.C. believes that this Policy will address any potential concerns you may have about how Personal Information provided to A.C.C. is collected, held, used, corrected, disclosed and transferred. On request, you can obtain more information about the way A.C.C. manages any Personal Information held.

For the purpose of this Policy, “Personal Information” has the definition given in the Privacy Act, being information or an opinion about a person whose identity is apparent or can be reasonably ascertained from that information.

A.C.C. has implemented practices so that its management of Personal Information is open and transparent. This includes, ensuring that Personal Information:

(a) is collected in an open manner;

(b) is accurate and complete;

(c) is held securely;

(d) has its use and how it will be managed known to the individual;

(e) can be open for correction and inspection by the individual.

3. Procedure for collecting, handling and using Personal Information

3.1 Collection

A.C.C. only collects Personal Information which is reasonably necessary, or otherwise directly related to the conduct of A.C.C.’s business of supplying and distributing raw materials to distributors, manufacturers, converters, plantations and mining companies, through the arrangement of break-bulk shipments, container lots and charter parcels.

If you do not provide (or give consent for A.C.C. to collect) the Personal Information described within sections 3.1 and 3.2 of this Policy, A.C.C. may be unable to offer employment to you, provide its services to you or continue to deal with you.

In the course of conducting and operating A.C.C.’s business, A.C.C. may collect the following types of Personal Information from you (without limitation):

(a) contact details (including name, address, phone number and email address);

(b) information from enquiries made;

(c) records of communications;

(d) financial details;

(e) credit card information.

Personal Information may also be collected automatically and passively, by way of “Passive Data Collection”. This includes collection through a variety of methods, including but not limited to “cookies” while accessing A.C.C.’s website.

3.2 Collection of Employee Information

Personal Information is collected for A.C.C. employees and contractors (and from prospective employees and contractors), and to the best extent possible will be collected in a fair and transparent manner.

Personal Information collected in the course of the recruitment and/or employment process includes (without limitation) an individual’s:

(a) Name & address

(b) Date of birth

(c) Educational background

(d) Work experience

(e) Personal Interests

(f) Training records and background

(g) Tax file number

(h) Bank details

3.3 How A.C.C. collects Personal Information

A.C.C. may collect Personal Information from you when you interact with A.C.C. in person, over the phone, or electronically (i.e. when accessing A.C.C.’s website via “cookies”), and when A.C.C. provides goods or services to you.

Where reasonably practicable, A.C.C. only collects Personal Information about individuals from the individual directly, unless it is unreasonable or impractical to do so.

A.C.C. does not collect sensitive information such as information or an opinion relating to race, political opinions, religious or philosophical beliefs, memberships of political associates, or professional or trade unions, sexual preferences or criminal records. However, if A.C.C. has a reasonable business requirement to collect any sensitive information from individuals, A.C.C. will notify the individual at the time of collection and obtain their consent before collecting any sensitive information.

Where lawful and practicable, A.C.C. will give you the option of not identifying yourself, or not providing Personal Information when doing business with A.C.C., however failure to provide full and complete information requested may result in A.C.C. not being able to provide services fully and properly.

Where an individual or entity provides Personal Information to use about someone else, that individual or entity must ensure it is entitled to disclose that information to A.C.C., and that without A.C.C. taking any further steps required by the Privacy Act, A.C.C. may collect, use and disclose such information for the purposes described in this Policy.

3.4 Use and Disclosure of Personal Information

A.C.C. will only use Personal Information for the primary purpose A.C.C. told you it was needed for (being to enable A.C.C. to conduct its business, as outlined in section 3.1 above). The exception to this is where consent is provided to using that Personal Information for another purpose (whether the other purpose is related to the primary purpose and you would reasonably expect A.C.C. to use the Personal Information for the secondary purpose, or where it is permitted or required by law, or A.C.C. reasonably believes on health or public safety grounds to use the Personal Information for another purpose).

A.C.C. may be required to disclose Personal Information to third parties during the course of operating its business. Third parties may include but are not limited to government regulatory bodies, insurers, lawyers, or other organisations that assist A.C.C. in the operation of its business. There are also some circumstances where by law A.C.C. may be required to disclose Personal Information, including to Courts, Tribunals or law enforcement agencies.

A.C.C. may, as permitted by the Privacy Act, disclose your Personal Information in an emergency, investigation of suspected criminal activity or where A.C.C. is authorised or required to by law.

In relation to direct marketing, where practicable A.C.C. will seek consent before A.C.C. uses your Personal Information for this purpose. You may tell A.C.C. at any time you do not wish to receive any further direct marketing materials and A.C.C. will stop sending such materials.

In accordance with the Spam Act 2003 (Cth), should you wish to unsubscribe from commercial e-mails from A.C.C. (if any), all future e-mails from A.C.C. will enable you to unsubscribe from that particular type of e-mail and this can be done at any time. If you do not unsubscribe, A.C.C. will continue to send you relevant information of the types described above. A.C.C. may also use messaging methods other than email.

3.5 Data Quality

A.C.C. shall ensure as far as reasonably practicable that Personal Information collected is accurate, complete and up-to-date.

3.6 Data Security

A.C.C. will take reasonable steps to ensure that any Personal Information collected is protected from misuse, loss and from unauthorised access, modification or disclosure.

Any Personal Information, which is no longer needed shall be destroyed or permanently de-identified.

3.7 Openness

This Policy is available to access through A.C.C.’s website (as updated from time to time) and A.C.C.’s computer server (folder: H:\\!COMPANY POLICIES).

3.8 Access and Correction

You may request access to Personal Information held by A.C.C.

Any access request should be made in writing. All access requests must be referred to the A.C.C. Directors, who are the designated persons to handle the requests. Other than one of the A.C.C. Directors, no other A.C.C. employee or representative is authorised to grant access to Personal Information requests.

A.C.C. will endeavour to respond to any access requests within 24 hours of receipt, or such other time as is reasonable in the circumstances in the absolute discretion of A.C.C.

In certain circumstances, A.C.C. is permitted by the Privacy Act to deny requests for access or to limit the access provided. Should a request for access be declined by A.C.C., reasons for declining the request will be provided to you.

Should you find, after accessing your Personal Information, that the record is inaccurate in any way, you should notify A.C.C. in writing of the inaccuracy and show how the Personal Information is inaccurate. A.C.C. will then either correct the information if appropriate, or include the notified correction with its records.

A.C.C. is not required to provide access to Personal Information in several situations, for example where a request is frivolous, or where access would pose a threat to health or public safety, unreasonably interfere with another person’s privacy or be a breach of the law.

3.9 Identifiers

A.C.C. does not hold any identifiers and will not adopt any identifiers provided.

3.10 Anonymity

The option of interacting anonymously is generally not applicable at A.C.C. Where and if possible, A.C.C. will enable persons making general enquiries to deal A.C.C. anonymously. This will be dealt with on case by case basis.

3.11 Overseas Disclosure of Personal Information

A.C.C may from time to time transfer Personal Information outside Australia in accordance with the Privacy Act to countries whose privacy laws ado not provide the same level of protection as Australia’s privacy laws. For example, A.C.C. may transfer Personal Information to the Asia-Pacific, European Union or the United States of America through the use of cloud storage and IT servers that are located offshore.

By providing Personal Information, you consent to A.C.C. disclosing the Personal Information to entities located outside Australia and, when permitted by law to do so, on the basis that A.C.C. are not required to take such steps as are reasonable in the circumstances to ensure that any overseas recipient complies with Australian privacy laws in relation to the Personal Information.

3.12 Sensitive Information

Wherever practicable, A.C.C. will not collect sensitive information.

4. Complaints Resolution

A.C.C. is committed to implementing a fair and responsible system for the handling of complaints that may arise under this Policy and/or through the collection Personal Information.

If at any time you have any complaints in relation to privacy, please contact The General Manager or in their absence an A.C.C Director at the points referred to below. A.C.C. will seek to address any concerns that you have through the complaints handling processes, if you wish to take matters further, you may refer to the Office of the Australian Information Commissioner.

5. Changes to this Policy

A.C.C. will review the Company’s statements and policies on an ongoing basis in an attempt to keep up to date with legal developments. Subsequently, this Policy may be amended from time to time, as the need arises.

A copy of this Policy will be available upon request.

6. Contact and Further Information

If you seek further information from A.C.C. about this Policy, please contact A.C.C.’s General Manager, or in their absence an A.C.C. Director.

Further information on privacy in Australia may be obtained by contacting the Office of the Australian Information Commission the details of which are below:

telephone: 1300 363 992

email: enquiries@oaic.gov.au

write: GPO Box 5218, Sydney NSW 2001

website: www.oaic.gov.au