The EPH Group Privacy Policy

1.THE EPH GROUP PRIVACY POLICY COMMITMENT

In this Privacy Policy a reference to “EPH Group”, “we”, “our” or “us” is a reference to the following entities and their employees and agents together with, where the context admits, entities that are related or affiliated with them in the provision of the Goods and/or services:

“Earth Solutions Group Pty Ltd (A.C.N. 158 976 937),

EPH Contracts (Qld) Pty Ltd (A.C.N. 628 420 173),

EPH Contracts Pty Ltd (A.C.N. 153 936 273),

EPH Enterprises Pty Ltd (A.C.N. 109 822 246),

EPH Environmental Pty Ltd (A.C.N. 160 650 386),

EPH Group Holdings Pty Ltd (A.C.N. 649 446 542),

EPH NSW Pty Ltd (A.C.N. 154 376 173),

EPH Queensland Pty Ltd (A.C.N. 159 368 715),

ESG Bangholme Pty Ltd (A.C.N. 153 803 886),

ESG Bellarine Pty Ltd (A.C.N. 140 481 036),

ESG Bundoora Pty Ltd (A.C.N. 155 711 372),

ESG Carbrook Pty Ltd (A.C.N. 639 743 212),

ESG Coldstream Pty Ltd (A.C.N. 153 124 442),

ESG Dandenong Pty Ltd (A.C.N. 136 481 466),

ESG Deer Park Pty Ltd (A.C.N. 628 454 080),

ESG Epping Pty Ltd (A.C.N. 159 368 760),

ESG Landform Pty Ltd (A.C.N. 158 977 201),

ESG Lysterfield Pty Ltd (A.C.N. 148 108 034),

ESG Manningham Pty Ltd (A.C.N. 134 678 381),

ESG Materials Group Pty Ltd (A.C.N. 612 190 619),

ESG Nar Nar Goon Pty Ltd (A.C.N. 158 977 381),

ESG Northern Pty Ltd (A.C.N. 150 100 342),

ESG Pakenham Pty Ltd (A.C.N. 631 959 110),

ESG Pinkenba Pty Ltd (A.C.N. 140 030 431),

ESG Projects (Qld) Pty Ltd (A.C.N. 640 125 882),

ESG Projects Pty Ltd (A.C.N. 143 027 632),

ESG Services Pty Ltd (A.C.N. 135 660 338),

ESG Sunbury Pty Ltd (A.C.N. 160 821 634),

ESG Sunshine Pty Ltd (A.C.N. 151 619 055),

ESG Swanbank Pty Ltd (A.C.N. 639 592 288),

ESG Toolern Vale Pty Ltd (A.C.N. 160 821 465),

ESG Tooradin Pty Ltd (A.C.N. 159 368 742),

ESG Waterford Pty Ltd (A.C.N. 653 474 938),

ESG Wollert Pty Ltd (A.C.N. 115 852 483),

Farmilo Constructions & Excavations Pty Ltd (A.C.N. 124 917 862),

Planthire.com Pty Ltd (A.C.N. 160 822 113),

Willson Corporation Pty Ltd (A.C.N. 119 759 134),

Willson Plant & Equipment Pty Ltd (A.C.N. 150 689 713)”

We are committed to protecting your privacy and Personal Information when you deal with us and ensuring that it collects, stores and deals with your Personal Information appropriately and lawfully, including in accordance with the relevant privacy legislation.

By submitting your Personal Information to the EPH Group or by using our services, you understand and consent to us using your Personal Information as described in this Privacy Policy.

PRIVACY POLICY COVERAGE

This Privacy Policy applies to all Personal Information collected by the EPH Group in relation to its customers, suppliers and other third parties (“you”). In this policy, we outline:

what types of Personal Information we collect and hold;
the purposes for which we collect, hold, use and disclose Personal Information;
how we collect and hold Personal Information;
how and under what circumstances we disclose Personal Information;
the measures we take to safeguard your Personal Information;
your rights in relation to your Personal Information, including how you may access, update, and/or complain in relation to the Personal Information that we hold in relation to you and seek any correction to that information;
how the we collect, use, store and disclose credit information and commercial credit eligibility information; and
disclosure of Personal Information to overseas recipients.

We reserve the right to change this Privacy Policy from time to time. Any changes to this Privacy Policy will be updated on www.ephgroup.com.au. We may also issue specific privacy collection notices from time-to-time relating to particular projects, products or services. The latest version of this policy will be the version posted to our website.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/. This policy was last updated in September 2024

DEFINITION OF PERSONAL INFORMATION

“Personal Information” means any information or opinion (whether true or not) relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier.

This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via our website www.ephgroup.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorized third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

PUPRPOSE OF COLLECTING, HOLDING OR USING PERSONAL INFORMATION

We collect, hold, disclose and use your Personal Information where it is reasonably necessary for us to carry out our business functions and activities and as necessary to provide our services to you. We also collect, hold, use and disclose your Personal Information for related purposes that you would reasonably expect.

For example, we may use your Personal Information to:

provide you with booking services;
administer the EPH Group relationship with you including responding to queries;
internal administrative purposes, such as but not limited to procedural assessment, credit approval, risk management, staff training, accounting, billing, product and service reviews;
determine the provision of credit in accordance with the terms of the EPH Group Application For Commercial Credit;
assess or exchange information relating to your creditworthiness, credit history or credit capacity in accordance with the terms of the EPH Group Application For Commercial Credit;
assist in the collection of overdue payments;
comply with legislative requirements such as under the Personal Property and Securities Act 2009 (Cth);
monitor activity on our website(s);
identify and inform you about other products or services that may be of interest to you;
provide you with information about products, services and offerings that may be of interest to you; and
distribute our newsletters and other communications either directly or with the assistance of third party services providers.

We may also use your Personal Information for purposes which are required by law such as sharing your Personal Information in order to comply with legal obligations to which we are subject.

If we do not collect, hold, use or disclose your Personal Information, or if you do not consent, then we may not be able to assist you or provide our services to you to the best of our ability.

5 TYPES OF PERSONAL INFORMATION THE EPH GROUP COLLECT AND HOLD

The types of Personal Information we may collect from you and hold include (without limitation):

your name, gender, date of birth, contact details, image, drivers licence, copy signature;
payment details (such as credit/debit card number and expiry date) provided in connection with the purchase of our products and services;
insurance provider’s details,
company details, company contact details, business premises details;
your trade references;
financial details including annual earnings, bank account details
details of the products and service provided;
credit history information;
information about any application for commercial credit you make with us including the amount of commercial credit you apply for;
commercial credit reporting information about you from a credit reporting body; and
any other information you provide to us via our website, by email, over the phone or otherwise.

6 HOW THE EPH GROUP COLLECTS PERSONAL INFORMATION

Information collected directly from you

We may collect Personal Information from you or about you when you use our services or purchase our goods, make or update a booking to use our services, register to receive the EPH Group newsletters or other communications, visit the our websites, our Facebook page or other multimedia platform or otherwise interact with the EPH Group.

Information we collect automatically

We may automatically collect information from you and your devices when you use our websites or online services. This may include your IP address, the type of browser and device you use to access the websites, the web page you visited before coming to our websites, and other identifiers associated with the device you used to access our websites. We note that our websites are not designed to respond to “do not track” signals received from browsers.

Information we collect from third parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

As well as collecting information directly from you, there may be occasions when we collect information about you from a third party. These third parties may include:

third parties making bookings on your behalf, or who otherwise interact with us on your behalf, including when you make an inquiry with a representative agent but do not proceed to a booking;
other related entities to the EPH Group;
credit providers and credit reporting bodies; and
publicly available sources of information.

7 COOKIES

We use technologies like cookies, pixel tags, Google AdWords, third-party vendors and web beacons to recognise you when you to visit our website or use our online services and to provide, improve, protect and promote our services and products.

What are cookies?

A “cookie” is a small text file which is placed on your computer or device by our webpage servers when you access our websites or online services. The purpose of a cookie is to help analyse web traffic and to allow our services to respond to you when you return to our services. Cookies are also used to enhance the secure use of our services.

Cookies are frequently used and in themselves do not identify the user, just the computer used.

How we use Cookies

When you browse our website or use our online services, we may record geographical tagging, cookies and statistical data. This may include your IP address, date and time of your visit, operating system, language preferences, device characteristics, pages visited, information downloaded and type of browser used to access the Services.

Why we use Cookies

Cookies help us:

recognise your device when you use our websites or online services;
manage and improve our websites and online services;
operate, evaluate and improve our business;
analyse your use of our services;
help diagnose technical and service problems; and
gather demographic information about our users.

Web Beacons

We also may use “web beacons” on our websites. A web beacon, also known as a pixel tag or clear GIF, may be used to transmit information collected through cookies to our service providers’ servers, such as the server of Google AdWords. These web beacons enable our service providers to compile anonymous information about your browsing activity.

Disabling Cookies

You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. However, if you decide not to display cookies you may not experience optimum performance of our websites or online services.

8 MARKETING

We may use your information to offer you products and services that we think may be of interest to you, unless you have opted out of marketing communications.

Where required by applicable law, we will obtain your consent before sending you any marketing communications. You may withdraw your consent to the use of your data for marketing purposes at any time by contacting us on our contact details included in this Privacy Policy.

We will never provide your information to third parties for marketing purposes without receiving your consent.

9 LAWFUL BASIS FOR PROCESSING YOUR INFORMATION

We normally collect or use Personal Information from you where we have your consent to do so, where we need the information to perform a contract with you or to provide our services or products to you upon your request, or where the processing is in our legitimate interests and not overridden by your data protection interests or rights and freedoms.

If you have questions about or need further information concerning the lawful basis on which we collect and use your personal information, please contact us using the contact details in section 18 of this Privacy Policy.

10 HOW THE EPH GROUP HOLD INFORMATION AND KEEP IT SECURE

We hold your Personal Information in a combination of hard copy and electronic files. We use third party information system providers who may store or have access to your Personal Information. These third party information system providers are located in Australia but may have servers outside of Australia.

We have physical, electronic and procedural safeguards in place for personal information and take reasonable steps to ensure that your Personal Information is protected from misuse, interference and loss, and from unauthorised access, modification and disclosure.

The steps we take to protect your Personal Information include the following:

data held and stored on paper is stored in lockable offices and in secure premises;

data held and stored electronically is protected by internal and external firewalls, limited access via file passwords, and files designated read-only or no access;
when transferring information to others, we ensure that appropriate and suitable safeguards and data protection measures are in place to protect your personal information;
the use of firewalls, anti-virus software and ongoing internal monitoring;
where we disclose personal information to third parties our contractual arrangements with them include specific privacy requirements;
only authorised personnel will have access to personal information; and
our staff receive training on privacy procedures.

Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.

You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via our website whilst it is in transit over the internet and any such submission is at your own risk.

11 USE AND DISCLOSURE

We understand the importance of keeping Personal Information confidential, and will only disclose such information to others in limited circumstances – such as Third parties where you consent to the use or disclosure; and where required or authorised by law.

Information shared to third parties

Third parties to which we may disclose Personal Information include:

credit providers and credit reporting bodies in accordance with the terms of the EPH Group’s Application For Commercial Credit;
the EPH Group’s professional advisers;
government and regulatory authorities;
the EPH Group’s related entities;
Credit Risk Insurers;
Trade Credit Insurance Providers;
Credit Reporting Bodies (default information);
contractors who provide services to the EPH Group or who manage services provided to an individual on the EPH Group’s behalf (but only to the extent necessary to enable them to provide these services).

Personal Information will generally only be disclosed to third parties in connection with (or for reasons directly related to) any of the purposes set out in this policy or otherwise with your consent. However, we may also be permitted or obligated to disclose Personal Information to other third parties where:

we reasonably believe that the disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety and it is unreasonable or impracticable to obtain your consent to the disclosure;
there is reason to suspect that unlawful activity, or misconduct of a serious nature, is occurring and that the disclosure is necessary for us to take appropriate action in relation to this matter;
we are required or authorized to do so by law and/or an enforcement body; or
as otherwise permitted by relevant privacy laws.

Company reorganisation

In the event that we undergo reorganisation or entities of the EPH Group are sold to a third party, any Personal Information we hold about you may be transferred to that re-organised entity or third party in compliance with applicable law.

12 DISCLOSURE TO OVERSEAS RECIPIENTS

We shall not directly disclose your Personal Information to overseas recipients without your prior consent albeit we repeat that third party information system providers located in Australia may have servers outside of Australia.

13 RETENTION AND DESTRUCTION OF PERSONAL INFORMATION

We will only retain your Personal Information for as long as is reasonable necessary in relation to the purposes for which it was collected. We will also retain Personal Information to ensure compliance with any applicable statutory or regulatory obligations imposed on us in relation to the retention of records.

Where you have requested we stop processing your Personal Information for marketing purposes, we may retain a record of your request to ensure we abide by your request in the future.

When your Personal Information is no longer needed, or if you request that we delete any Personal Information which we hold about you, we will use secure methods to destroy or to permanently de-identify your Personal Information when it is no longer needed. For example, paper records are shredded or destroyed securely and any electronic records are deleted from all locations, to the best of our ability, or permanently de-identified.

14 SENSITIVE INFORMATION

Sensitive Information includes information or an opinion about a person’s racial or ethnic origin, political opinions, philosophical or religious beliefs or affiliations, membership of a political, trade or professional association or trade union, sexual preferences or practices, criminal record, health or genetic information, biometric information that is used for the purpose of biometric verification or identification, or biometric templates. We will only collect, hold or disclose Sensitive Information if you have consented or the collection is required or authorized by or under law or a court/tribunal order.

Sensitive information will be used by us only:

For the primary purpose for which it was obtained
For a secondary purpose that is directly related to the primary purpose
With your consent; or where required or authorized by law.

15 CREDIT INFORMATION & COMMERCIAL CREDIT ELIGIBILITY INFORMATION

We collect credit information about you which includes, but is not limited to, your identification information and information about any application for commercial credit you make with us.

We also collect and hold commercial credit eligibility information about you which includes, but not limited to, commercial credit reporting information that we receive about you from a credit reporting body – i.e. Australian Securities Investment Commission extracts adverse or default reports, business summaries and profiles, PPSR Registrations, financial performance reports, trade credit reporting information and trade references.

We may also collect Personal Information about any other applicants and/or guarantors included in your application for commercial credit. If you provide Personal Information about any such third party to us, you confirm that you have authority from the applicable individual(s) to your disclosure of their personal information to us and to our use and disclosure of their Personal Information in accordance with this Policy.

So as to assess an application for commercial credit and your commercial credit standing at any time in the future, we may:

collect your Personal Information (including information about other applicants and any guarantors (if applicable)) from any application for commercial credit you make with us;
collect Personal Information (including credit information) about you, any other applicants and any guarantors (if applicable) from other sources including, but not limited to, any of the EPH Group related entities, credit reporting bodies and credit or debt collections agencies; and
obtain commercial credit reporting information from a credit reporting body about you, any other applicants and any guarantors (if applicable).
We may also use your information and, if necessary, disclose it to third party agencies (including, without limitation, the EPH Group’s credit risk insurers) in connection with any credit insurance arrangements that we choose to implement, as well as, to register any security interest granted to us under the terms of any commercial credit contract that we enter into with you.

We may also obtain commercial credit reporting information from time to time during the continuation of any commercial credit contract that we enter into with you.

We may also receive from and/or disclose to any other credit provider or any credit reporting body, personal information relating to your commercial credit worthiness for the purposes of exchange of information, assessing commercial credit worthiness, and/or notification of default at any time whether now or in the future.

Information we disclose to a credit reporting body (including default information) in accordance with this Policy may be held by such credit reporting body on its system and used to provide its credit reporting services (including maintaining its credit information files and disclosing information to its subscribers), in accordance with the Privacy Act.

If you default in your payment obligations to us, we may also disclose information relating to that default account to a collections agency for the purpose of receiving any or all of the amounts outstanding.

We may also disclose your personal information, including commercial credit reporting information, to our trade credit insurance providers.

16 YOUR RIGHTS

Under the privacy legislation applicable to you, you may be entitled to exercise some or all of the following rights:

Request (i) information as to whether your Personal Information is retained and (ii) access to and/or duplicates of your Personal Information retained, including the purposes of the processing, the categories of personal information concerned, and the data recipients as well as potential retention periods.

Request rectification, erasure, removal or restriction of your Personal Information, for example, because (i) it is incomplete or inaccurate, (ii) it is no longer needed for the purposes for which it was collected, or (iii) the consent on which the processing was based has been withdrawn.

Refuse to provide us with, or withdraw, your consent to processing of your Personal Information at any time.

Object, on grounds relating to your particular situation, that your Personal Information shall be subject to processing. In this case, please provide us with information about your particular situation. After the assessment of the facts presented by you we will either stop processing your Personal Information or present you our compelling legitimate grounds for an ongoing processing.

Object to us sending you direct marketing and profiling you for the purpose of direct marketing.

Object to your data being subject to any automated decision making, including profiling (decisions based on data processing by automatic means, for the purpose of assessing several personal aspects).

In certain circumstances receive your Personal Information that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller without hindrance from us.

Lodge a complaint regarding our processing of your Personal Information with a relevant authority in a country where you live, work, or where you believe a breach may have occurred, or take legal action in relation to any potential breach of your rights regarding the processing of your personal information.

If you wish to contact us in relation to any of the rights outlined in this section, you can do so by contacting us using our contact details in section 18 of this Privacy Policy.

17 CHILDREN

Our services and products are not directed at children under the age of 16.

If we learn that we have collected Personal Information of a child under 16 years old we will take steps to delete such information as soon as possible unless consent is given or authorised by the holder of parental responsibility over the child. If such consent is provided, the Personal Information will only be collected and used to the extent of the consent given.

18 MAINTAINING THE QUALITY OF YOUR PERSONAL INFORMATION

It is a important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

19 POLICY UPDATES

This Policy may change from time to time and is available on our website.

20 OUR CONTACT DETAILS

If you have any questions, concerns, complaints or comments about this Privacy Policy or any requests concerning your personal information please contact us via email at admin@ephgroup.com.au or by writing to:

Privacy Officer,

EPH Group

358 Whitehorse Road,

NUNAWADING VIC 3131

Ph: (03) 8878 9111

Email: admin@ephgroup.com.au