Amber Group Australia Pty Ltd (Amber), including all of its "Related Bodies Corporate" and/or "Associated Entities" as such terms are defined in the Corporations Act 2001 (Cth) highly values the privacy of our customers, franchisees, suppliers, employees and other persons who have business/commercial dealings or other associations/relationships with us.

Amber is committed to compliance with the Privacy Act 1988 (Cth) (Privacy Act). We adhere with the Australian Privacy Principals in the way we collect, use, secure and dispose of your Personal Information.

So that we can provide quality service to you when you use our website, come into one of our stores, or otherwise interact with us, we collect information from users of our website, people who come into our stores, and people who otherwise interact with us. This policy governs the manner in which Amber collects, uses, secures and discloses information collected from users of this website and our services. It outlines our ongoing obligations to you with respect to how we manage your Personal Information.

By using our website or our services, or by providing any Personal Information to us, you consent to our collection, use and disclosure of your Personal Information as set out in this Privacy Policy.

Automated Decision-Making: The use of computer programs to make decisions or provide substantial assistance to human decision-makers, where such decisions could reasonably be expected to significantly affect an individual's rights or interests.

Personal Information: Information or an opinion about an identified individual, or an individual who is reasonably identifiable –

(a) Whether the information or opinion is true or not; and

(b) Whether the information or opinion is recorded in a material form or not.

Sensitive Information: Includes:

(a) Information or an opinion about an individual's racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional/trade association, membership of a trade union, sexual orientation/practices or criminal record – that is also Personal Information; or

(b) Certain health and/or genetic information (as defined in Section 6 of the Privacy Act) about an individual.

The following terms have the same meanings as defined in Section 6 of the Privacy Act:

"Australian law", "breach", "consent", "credit", "credit information", "credit provider", "credit reporting body", "credit worthiness", "collects", "default information", "enforcement body", "government related identifier", "guarantee", "holds", "identification information", "identifier", "individual", "organisation" and "payment information".

We collect your Personal Information when you use our website, use our services, make an enquiry, register an account with us, place an order, enter into a promotion or competition, use another feature of our website or services, submit an application for any trade accounts, or when you otherwise interact with us.

While we predominantly obtain your Personal Information directly from you, sometimes we will also collect Personal Information from third party sources (as authorised by you), such as your:

We will store Personal Information we collect on our secure computer network, or otherwise at one or more of our various business premises in Australia.

The Personal Information we collect from you can include (where relevant) your:

• name and date of birth;
• driver’s licence or other identification document information;
• email address, mailing address, phone number, or other contact details;
• banking or credit card information;
• occupation or trade
• communications between you and us (including notes of telephone calls or recordings of calls, voicemails or transcriptions of the same, emails, letters, facsimile transmissions).

When you access our website or any applications or portals that we provide or otherwise use our services, we may collect information and tracking data for statistical and analytical purposes. This information helps us analyse our website and other services so that we may understand how to make our website and services more user friendly for you. The type of information we may collect for this purpose includes: 

• Your IP address.
• The date and time of your visits to our website or use our services.
• Your clicks and activity on this website.
• Technical information on your browser, device and operating systems

We may also use ‘cookies’, third-party analytics (eg. Google Analytics), third party advertising tools, or other similar tracking technologies on our website or any applications to assist in tracking your usage and preferences, and generally to provide you with a better online experience. Our website and applications (in addition to third party services) may also utilise ‘cookies’ that store your session ID and preferences to facilitate your access and use of our website and applications.

Amber will generally not collect Sensitive Information about an individual unless such collection is:

• Required or authorised by Australian Law;
• The individual consents to the collection of such information; and
• The information is reasonably necessary or directly relevant for our Collection Purposes (see “Why we Collect Personal Information”, below).

Amber only collects Personal Information which is reasonably necessary to enable us to carry out the various functions and activities of our organisation (whether in our own capacity or on behalf of our affiliates, related bodies corporate, licensees or franchisees). Without limitation, this includes:

• to enable you to access and use our website, applications, online portals or other services we offer;

• in the course of supplying goods or services to you;

• to operate, protect, improve and optimise our website, applications, online portals and services, business, including performing monitoring activities, conducting research, or statistical analysis and reporting;

• to improve or tailor your experience and interactions with us (for example – directing you towards products you may be interested in on our website, or saving your ‘check-out’ details);

• to send you service, support and administrative messages, updates, marketing materials, promotions, and other information requested by you or which we think you would be interested in;

• to send you marketing materials;

• to administer promotions or competitions;

• to comply with our legal obligations, resolve disputes, or where we reasonably believe in good faith that the law requires collection, storage or disclosure;

• to keep that information for archiving or back-up purposes;

• to identify, contact or bring legal action against any person where we believe that it is necessary to do so, including to take any debt recovery actions, or to report payment defaults to credit reporting agencies;

• to undertake administrative functions such as:

administering billing, payments and debt recovery, or reporting to credit reporting agencies;
training staff, contractors and other workers;
risk management and management of legal liabilities and claims (for example, liaising with insurers and legal representatives);
considering any application for credit, or maintaining any amount of credit, as requested by you;
responding to enquiries and complaints regarding our services; or
obtaining advice from consultants and other professional advisers.

(Collection Purposes).

We will only use and disclose Personal Information to the extent it is necessary to do so. Where possible (e.g. for general analytics or performance monitoring purposes), we will endeavour to use Personal Information in an aggregated manner rather than being individually identifiable.

We do not sell, trade, or rent your Personal Information to others. 

We may disclose your Personal Information to third parties where doing so is necessary for us to achieve the Collection Purposes. This may include disclosure of your Personal Information (to the extent necessary) to:

• our related bodies corporate, employees, directors, officers, contractors, licensees and licensors;

• franchisees;

• legal, accounting, business, or other professional advisers;

• information technology or data management advisers, consultants and contractors;

• payment system operators (for example, merchants receiving card payments);

• our existing or potential agents, business partners, suppliers or customers;

• any person or entity to whom our assets or businesses (or any part of them) are transferred;

• specific third parties authorised by you to receive information held by us;

• credit providers;

• credit reporting bodies;

• guarantors of corporate applicants and other persons from a corporation seeking a trade account;

• other persons, including government agencies, regulatory bodies and law enforcement agencies, as required, authorised or permitted by law.

You do not have to provide us with any Personal Information if you choose not to. However, if you choose not to provide us with certain information, we may refuse to deal with you in any particular way, or you may be restricted in what you are able to do via our website or otherwise accessing our goods and services. 

Subject to it being lawful and practicable, you may have the option of not identifying yourself personally, or using a pseudonym, when dealing with us. However, if you do use a pseudonym or choose to deal with us anonymously, we may not be able to provide you with the full range of service or products we may otherwise be able to deliver. Similarly, there may be certain interactions we cannot have with you if you do choose to interact with us anonymously or using a pseudonym.

We strive to ensure the security, integrity and privacy of Personal Information submitted to our website or applications and otherwise collected, stored and used by us. We will regularly review and update our security measures in light of current technologies. Unfortunately, no data transmission over the internet can be guaranteed to be totally secure.

However, we will endeavour to take all reasonable steps to protect the Personal Information you may transmit to us or from our website or applications against misuse, unauthorised access, interference or loss. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems. 

As part of our commitment to protecting your Personal Information under the Australian Privacy Principles, we implement appropriate technical and organisational measures to ensure the security of Personal Information we hold.

Our technical measures taken by us to protect your Personal Information include, but are not limited to:

• encryption of Personal Information in transit and at rest;

• network security controls including firewalls and intrusion detection systems;

• access controls and authentication systems;

• anti-virus and anti-malware software;

• regular security updates and patch management;

• backup and recovery systems with secure storage;

• data loss prevention controls.

Our organisational measures taken by us to protect your Personal Information include, but are not limited to:

• Privacy and security policies, procedures and standards;

• Staff training on privacy and security obligations;

• Regular privacy impact assessments and security risk assessments;

• Incident response and data breach management procedures;

• Privacy governance framework with designated privacy officers;

• Vendor management and due diligence processes;

• Regular review and testing of security controls;

• Privacy by design and privacy by default approaches.

We regularly review and update our technical and organisational measures to ensure they remain appropriate to the risks and threats to your Personal Information, taking into account:

• The nature and sensitivity of the Personal Information we hold;

• The current state of technology;

• The cost of implementation;

• The possible adverse consequences for individuals if a security incident occurs.

Our technical and organisational measures are designed to ensure the ongoing confidentiality, integrity, availability, and resilience of our information systems and services.

Our employees, franchisees, and the contractors who provide services related to our services are obliged to respect the confidentiality of any Personal Information held by us, and we will engage in training of relevant personnel regarding our obligations with respect to the handling of Personal Information.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. Where required by Australian law, some Personal Information will be stored in client files for a minimum of 7 years.

We may use computer programs to make decisions or assist our staff in making decisions that could reasonably be expected to significantly affect your rights or interests.

Examples of the types of Personal Information we may use in automated decision-making include:

• Credit and financial information for credit assessment purposes;

• Transaction history and payment patterns for credit limit and payment terms decisions;

• Contact and identification information for account management decisions.

Examples of where we may use computer programs to make the following types of decisions without human involvement include:

• Automated credit limit adjustments based on payment history;

• System-generated alerts for overdue accounts;

• Automated application of standard terms and conditions.

Examples of how we may use computer programs to substantially and directly assist human decision-makers in making the following types of decisions are as follows:

• Credit applications and trade account approvals;

• Customer risk assessments and credit limit determinations;

• Pricing decisions and discount eligibility;

• Debt recovery and collection actions.

You have the right to:

• Request information about how our automated decision-making processes work;

• Seek human review of decisions made by automated processes where this significantly affects you;

• Lodge a complaint if you are concerned about automated decision-making affecting you.

To exercise these rights or for more information about our automated decision-making processes, please contact our Privacy Officer using the details in Section .

The Collection Purposes includes using your Personal Information to contact you directly for marketing or promotional purposes. 

If we do contact you for these purposes, we will comply with the Spam Act 2003. Without limitation, we will give you an option to unsubscribe or opt-out from mailing lists and other direct marketing correspondence. We will action any request to unsubscribe or opt-out as soon as practicable.

You may access the Personal Information we hold about you in certain circumstances, including to update and/or correct it. If you wish to access your Personal Information, please contact our designated Privacy Officer in writing.

We will endeavour to respond to your request as soon as possible, and within 30 days.

Amber will not charge any fee for your access request, but we may charge a reasonable administrative fee for providing a copy of your Personal Information, in which case we will inform you of the fee and obtain your agreement to the fee before providing the information.

In order to protect your Personal Information, we may require identification from you before releasing the requested information.

If we are not able to comply with your request, we will tell you as soon as practicable, including with our reasons for not complying with the request. If you wish to raise a complaint, please contact our Privacy Officer using the details below.

Amber will review this Privacy Policy at least annually and whenever there are significant changes to privacy laws, our business operations, or the technology we use for handling Personal Information. Any material changes will be communicated to affected individuals where required by law.

The most current version of this Privacy Policy will be posted on our website and will be effective from the date of posting. By using our website or interacting with us after we have updated this Privacy Policy on our website, you signify your acceptance of the updated Privacy Policy.

If you have any queries or complaints about our Privacy Policy please contact us at:

The Privacy Officer 

privacy@ambertiles.com.au

Amber Group Australia Pty Ltd

2 Aristida Close, KEMPS CREEK NSW 2178

We will endeavour to respond to any queries or complaints within 30 days.