Privacy Policy

1. Introduction

1.1 Brown Industries Australia Pty Ltd (ACN 616 221 277) trading as HAMR Engineering (“we”, “our” or “us”) respects your privacy and manages your personal information in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).

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1.2 This privacy policy (“Policy”) sets out how we collect, hold, use, and disclose personal information you provide to us, including information you provide to us through our website, social media accounts or if you purchase our products or services.

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1.3 By communicating with us, including through our website or social media accounts, or otherwise providing your personal information to us, you agree to the terms of this Policy and consent to us collecting, holding, using and disclosing your personal information in accordance with this Policy.

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1.4 We may amend or update this Policy from time to time without notice. You should check this page regularly to take notice of any changes we may have made to this Policy. Your continued communication with us (including through our website or social media accounts) or your provision of further personal information to us once this Policy has been amended or updated will constitute your acceptance of our amended or updated Policy.

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1.5 This Policy should be read together with our supply terms, where they have been made available to you.

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2. What is personal information and what personal information do we collect?

2.1 Personal information is any information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not the information or opinion is recorded in a material form. Personal information also includes ‘sensitive information’ as defined in paragraph 3 below.

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2.2 The kinds of personal information we collect and hold about you will depend on the nature of your interaction with us. The information will generally include:

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(a) Identity Data such as your name, gender, date of birth, occupation, signature;

(b) Contact Data such as your email address, telephone number and physical address; and

(c) Profile Data such as your feedback and opinions, activities and interests, and any other information you provide us.

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2.3 If you purchase products or services from us, the information will also generally include financial data such as your financial details (banking or credit card details), payment information and credit information (such as details relating to credit history, credit capacity, and eligibility for credit).

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2.4 We may collect your personal information by the following methods:

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(a) Direct interactions. In most cases, we will only collect personal information directly from you. This may occur in a number of ways, including when you: purchase products or services from us; enquire about our products or services or provide feedback to us (such as through our website or social media accounts or by email, telephone, or in person), if you sign up to our mailing list, or when you otherwise communicate with us through our website or social media accounts or by email, telephone or in person.

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(b) Third parties or publicly available sources. Sometimes we may collect personal information from third parties or from a publicly available source, but only if you would reasonably expect us to collect it in this way or you have consented to your information being used in this way. For example, we may collect your personal information when you have your details submitted to us by another person as a personal or work reference. We only collect information from third parties or sources that are allowed to disclose it to us.

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3. Sensitive Information

Sensitive information includes information about racial or ethnic origin, political opinions or associations, religious or philosophical beliefs, trade union membership or associations, sexual orientation or practices, criminal record or health records. We do not collect sensitive information unless we have an individual’s express consent and the information is reasonably necessary for one of our functions or activities or we are otherwise required or authorised by law to collect that information.

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4. Failure to provide personal information

You do not have to provide us with your personal information and some of the personal information that we request may be optional. However, if you do not provide us with all the information we request (excluding optional information), we may not be able to provide you with the information or services you have requested.

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5. Pseudonyms and Anonymity

You may use a pseudonym or remain anonymous when dealing with us so as not to identify yourself to us. However, by doing so, we may be unable to provide you with the products, services or information you have requested and may prevent the processing of any payments or requests.

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6. Providing personal information of others

You must not provide us with personal information of another person unless that person has given you their consent to share their information with us. If you provide us with personal information of another person, you warrant to us that you have obtained that person’s consent to provide their information to us, and you must tell that person that you have provided their personal information to us and refer them to this Policy.

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7. Social media accounts

We use social media accounts, including Facebook and LinkedIn. If you use or access our social media accounts, those providers will collect and handle your personal information in accordance with their own privacy policies. You can access the privacy policies for Meta Platforms Inc (covering Facebook) and LinkedIn on their websites.

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8. Use of your personal information

We use personal information for the purposes for which it is collected and for related purposes, and as permitted or required by law. We may use personal information collected to:

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(a) verify your identity;

(b) provide you with our products or services (including managing our contractual relationship with you);

(c) respond to your enquiries or requests for information or assistance;

(d) communicate with you, including where we are required to do so under our supply terms;

(e) for marketing purposes to make you aware of new and additional products, services and opportunities available to you;

(f) improve our products and services;

(g) provide updates to you in relation to our website; and

(h) to otherwise ensure the proper functioning of our business operations and processes.

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9. Disclosure of your personal information

9.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or contractors (including our affiliates/related companies) insofar as reasonably necessary for the purposes set out in this Policy, including as may be required for the delivery of our products or services, to comply with our obligations under our supply terms, or for our internal business purposes.

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9.2 We may also disclose your personal information to:

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(a) our third party service providers who provide services or functions on our behalf, such as IT service providers, delivery service providers and fulfilment managers, and mailing houses;

(b) comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request; and

(c) to other parties as we reasonably believe may be necessary or appropriate to protect our legal rights, property, safety (or the safety of our customers or third parties), or privacy (or the privacy of our customers or third parties) or in connection with a merger or sale involving all or part of our business.

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9.3 We may also disclose aggregated and de-identified information to third parties.

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9.4 If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer, to the extent permissible at law, our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

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9.5 We will never sell, trade, lease or rent your personal information to third parties.

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10. Direct marketing

We may use your personal information for marketing purposes to make you aware of new and additional products, services and opportunities. If you prefer not to receive these communications from us, you can opt-out by contacting us. If you receive electronic marketing communications from us, there will be an unsubscribe or ‘opt-out’ option that you can use to opt-out of receiving these communications.

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11. How we hold your personal information

We may hold your personal information in either electronic or hard copy form. If you provide information to us electronically we retain this information in our computer systems and databases. This includes computer software programs, internet servers, and hosted internet solutions provided by third parties. If you provide information to us in hard copy (paper) this information is normally retained as part of our electronic files.

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12. Security of your personal information

12.1 We are committed to ensuring that the personal information you provide to us is secure. We take reasonable steps to protect the personal information we hold from misuse, interference, loss and unauthorised access, modification and disclosure. We also take reasonable steps to destroy or de-identify your personal information, when it is no longer needed for any lawful purpose or when requested by you.

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12.2 While we take reasonable steps to ensure the security of personal information, we cannot guarantee the security of personal information.

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12.3 If there is a data breach involving your personal information that is likely to result in serious harm to you, we will notify you in accordance with the Notifiable Data Breaches scheme.

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13. Correction of your personal information

13.1 We take reasonable steps to ensure that all information we collect, hold, use or disclose about you in accordance with this Policy is accurate, complete and up-to-date.

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13.2 If you wish to notify us of any changes to your personal information or would like us to correct any personal information we hold about you, please contact our Privacy Officer using the contact details below. We may ask you to verify your identity to ensure that personal information we hold is not improperly accessed.

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14. Access to your personal information

14.1 You may request details of personal information that we hold about you. If you would like a copy of the information which we hold about you, please contact our Privacy Officer using the contact details below.

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14.2 We will seek to deal with your request within a reasonable time, and in any event in accordance with the requirements of the Privacy Act 1988.

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14.3 We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances as set out in the Privacy Act 1988. If we deny your request, as permitted or required by law, we will provide you with reasons for your refusal.

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14.4 Further information on your rights is available from the Office of the Australian Information Commissioner’s (OAIC) (website www.oaic.gov.au).

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15. Complaints

15.1 If you are dissatisfied with the way we have used your personal information or would like to make a complaint about a breach of this Policy or the Australian Privacy Principles, please contact our Privacy Officer using the contact details below. Please provide us with sufficient details regarding your complaint and any supporting documentation or information.

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15.2 Our Privacy Officer will contact you if we require further information, and otherwise within a reasonable time after receiving your concern or complaint.

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15.3 If you remain dissatisfied, you can contact us to discuss your concerns or you may lodge a complaint with the OAIC at www.oaic.gov.au/privacy/privacy-complaints.

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Terms and Conditions

Acceptance of Terms

• By accessing or using this website, you agree to be bound by these Terms and Conditions.
• If you do not agree, you must not use the website.

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Website Use

• The website is provided for informational and enquiry purposes.
• You must not misuse, interfere with, or attempt unauthorised access to the website or its systems.
• All content remains the property of HAMR Engineering.

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Product Information

• Product specifications are provided in good faith.
• Specifications and availability may change without notice.
• Images are for illustrative purposes only.
• Customers are responsible for confirming suitability for their application.

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Quotes and Orders

• All enquiries are non binding until confirmed in writing.
• Quotes are valid only for the period specified.
• Pricing is subject to change prior to formal acceptance.
• Lead times are estimates only.

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Payment Terms

• Payment terms will be specified on invoices or agreements.
• Full or partial payment may be required before dispatch.
• Late payments may incur fees where permitted by law.
• Ownership of goods remains with HAMR Engineering until payment is received in full.

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Delivery and Risk

• Delivery timeframes are estimates only.
• Risk in goods passes to the customer upon dispatch unless otherwise agreed.
• HAMR Engineering is not responsible for delays outside its control.

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Installation and Use

• Products must be installed by qualified personnel.
• Customers are responsible for ensuring proper installation and compliance with safety standards.
• HAMR Engineering is not liable for damage, loss or injury resulting from improper installation, misuse or modification.

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Limitation of Liability

To the maximum extent permitted by law:

• HAMR Engineering is not liable for indirect or consequential loss.
• This includes loss of profits, business interruption, equipment downtime or production losses.
• Liability for goods is limited to repair, replacement or refund at our discretion.
• Nothing in these Terms excludes rights under Australian Consumer Law.

Warranty

• Warranty terms, where applicable, will be provided in writing.
• Warranty does not cover misuse, improper installation, normal wear or unauthorised modification.

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Intellectual Property

• All logos, branding, images and content remain the intellectual property of HAMR Engineering.
• Unauthorised reproduction is prohibited.

Governing Law

• These Terms are governed by the laws of Western Australia.
• Disputes are subject to the jurisdiction of Western Australian courts.