Privacy Policy

1. INTRODUCTION

Erilyan Group ACN 664 334 767 (“we”, “us” and “our”) is bound by the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs). This policy (Policy) explains how and why we collect, use, hold and disclose your personal information.

2. DEFINITION

‍Services means the development, design, construction and maintenance services and other services in accordance with the Constitution of us or our affiliates; and
Website means the website at https://www.erilyan.com.au/, which (including domain name or any content thereof) may be updated or changed from time to time.‍

3.WHAT IS PERSONAL INFORMATION?

Personal information refers to any information or an opinion about an identified individual or an individual who can be reasonably identified from the information or opinion. Information or an opinion may be personal information regardless of whether it is true.

This Policy covers all personal information that we collect, use and process which means information that (either in isolation or in combination with other information) enables you to be identified directly or indirectly.

Some personal information that we use is stored on third parties’ systems. We have access to the personal information and use it.

4. PERSONAL INFORMATION (NON-SENSITIVE INFORMATION) THAT WE COLLECT AND HOLD

We collect information about you, your interactions with us and the Services you use.

The types of personal information we may collect, and hold depends on the nature of our interaction with you and may include, if applicable:

identifying information such as your surname, first name and any other names (either provided by you or extracted from your identity document such as driver’s licence or passport);
descriptive information such as age, year or date of birth, and sex;
contact information such as your address, phone number and email address;
payment information such as your credit card details and bank account details;
financial information and any transaction information such as bank statement and tax file number;
geo-location details (if applicable) such as the location from which you have come to the Website and the pages you have visited;
technical data, such as IP address, the types of devices you are using to access the Website, device attributes, browser type, language and operating system;
history of your purchases from us or through a third party;
information relating to the use of the Services and details of enquiries or complaints you make; and
any other information that will be necessary for us to provide the Services.

Other than an employee or contractor over the legal working age of 14 years and 9 months who has entered into, or may be entering into, a working relationship with us, we will never knowingly collect personal information from individuals under the age of sixteen (16) years. If we become aware that a person under 16, other than an employee or contractor, has provided personal information to us, we will remove such personal information from our files.

We use cookies on the Website. A cookie is a small text file that the Website may place on your device to store information. We may use persistent cookies (which remain on your computer even after you close your browser) to store information that may speed up your use of the Website for any of your future visits to the Website. We may also use session cookies (which no longer remain after you end your browsing session) to help manage the display and presentation of information on the Website.

You may refuse to use cookies by selecting the appropriate settings on your browser. However, if you do this, you may not be able to use the full functionality of the Website.

SENSITIVE INFORMATION THAT WE COLLECT AND HOLD

We may also collect and hold sensitive information, which is a subset of personal information that attracts a higher level of privacy protection under the Privacy Act other than personal information.

The type of sensitive information that we may collect and hold includes any information or an opinion (that is also personal information) about your racial or ethnic origin for inclusion in statistics that we need to provide for government jobs.

HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

We may collect personal information about you when:

you visit the Website;
you enquire of us or our affiliates in relation to Services (e.g. by calling us, emailing us or interacting with any chatbot on the Website, if applicable);
you engage or retain us in the provision of Services;
you provide information to us through business networking; and
when you access, use and interact with the Website.

We do this by using a range of tools such as Google Analytics, Shopify, Facebook, Bing, Procore, Procure Pro, Hammertech, PayApps, DocuSign and Scratchie.

7. WHY DO WE COLLECT AND HOLD YOUR PERSONAL INFORMATION AND HOW DO WE USE YOUR PERSONAL INFORMATION

In the list below, we present why we collect and hold your personal information, how we use it and the reasons for doing so.

Why we collect and hold your personal information

To provide you with information about our Services
To provide you with Services that you have purchased from us.
To learn more about why you use certain Services.
To improve your experience on the Website.
To assess the online activities of the Website users.
To understand and analyse our sales, your needs and preferences.
To understand your preferences based on information included in your profile that you provided to us (completed online or in other communications you send to us).
To respond to requests or complaints.
To ensure the security and integrity of our resources, including the Website.
To assess or ensure compliance with applicable laws, regulations and policies.

How we use your personal information

We collect and hold your order history to develop, market, sell or otherwise provide Services or information to you. We also collect and hold your name and contact details to provide you with copies of our newsletter and information about our partnerships and events, contact you about Services-related matters, and provide you with other marketing or promotional information where we are permitted to do so in accordance with applicable laws. We also collect and hold this information to ensure that we do not contact you for direct marketing purposes if you have asked us not to.
We may need to use your name and contact details to perform our obligations under a contract with you (e.g. where you have purchased Services from us)
We collect and hold your information to conduct internal administrative activities, research, analytics, planning and Services development. We use this information for our internal demographic insights into our customer, to offer you an enhanced Services according to your preferences, including by identifying relevant services and events which may be of interest to you, and to personalise your experience with us. Together with non-personal information, we may also use this information for our internal marketing analysis and demographic studies, to analyse, profile and monitor customer patterns so we can consistently improve the Services. This means that we can offer more personalised and integrated shopping and interactive experiences to our customers across all our channels.
We collect and hold information such as your account username and password that are needed to access the Website, IP address, information about your purchases and your other activity on the Website to improve the Website, including to modify it to your usage, history and preferences and troubleshoot problems.
We collect and hold information collected by the Websites automatically and through cookies and other technologies to assess the activities of our users, to measure the interest in and use of the Website and communications, and to customise the Website and our communications with you. We do this on both an individual basis and in the aggregate.
We may use your information such as your geographical location to help us conduct focused market research (such as surveys) based on trends and common factors so that we develop, enhance, market and provide the Services to meet your individual needs.
We collect and hold your information in this way to better understand you. This also allows us to conduct internal administrative activities, research, analytics, planning and project development.
If you contact us via the Website, by email or phone, or in person, we will collect your personal information and use this to identify you as a customer, help with your query, process your order, process payments, deliver Services, update our records and generally manage your account with us under our terms with you.
We will collect and hold personal information to assess and enhance the security and reliability of our remote and electronic resources, including analysis of information collected during technological development, and program enhancements.
We may collect and hold your personal information to audit, confirm, and document compliance with legal, administrative, industry and ethical standards including our policies and procedures, code of conduct and corporate responsibility initiatives. We will also collect and hold your personal information to audit our affiliates’ and service providers’ compliance with contractual obligations as well as applicable privacy and other standards.

Reasons

It is in our legitimate interests to provide you with the best possible customer experience.
Providing us with certain personal information is voluntary but we may not be able to process your order and send you the required order acknowledgement and shipping confirmation e-mails if you do not provide us with certain requested information.
It is necessary for us to collect and hold your personal information in this way in order for us to perform our statutory and/or contractual obligations to you.
It is in our legitimate interests to develop the Services and market the right Services to you.
It is in our legitimate interest to ensure we provide you with a seamless online experience.
It is in our legitimate interests to collect and hold personal information using cookies and other technologies that we need to use to run the Website. Where required by applicable law, we will ask for your consent to the use of cookies that are not necessary to run the Website.
It is in our legitimate interests to collect and hold personal information to develop, enhance, market and provide the Services to you.
It is in our legitimate interests to collect and hold personal information so that we can better provide the Services to you.
It is necessary for us to collect and hold your personal information to fulfil our statutory and/or contractual obligations to you.
We collect and hold your personal information in an effort to provide safe, reliable access to our Services.
We collect and hold your personal information to obey laws and regulations, to enforce internal policies and to prevent and detect fraud and other practices that undermine our commitment to fair and ethical conduct.

8. HOW DO WE STORE, HOLD AND PROTECT YOUR PERSONAL INFORMATION?

We store most information about you in computer systems and databases operated by either us or our external service providers. Some information about you is recorded in paper files that we store reasonably securely.

We implement and maintain processes and security measures to protect personal information which we hold from misuse, interference or loss, and from unauthorised access, modification or disclosure.

We are aware of the growing number of cyber security risks and we strive to implement appropriate and reasonable technical and organisational security measures to prevent your personal information from being accidentally lost or used, accessed, modified or disclosed without authorisation.

In addition, we limit access to your personal information to our employees and service providers, and only those who have a legitimate need to know by virtue of their work or the services provided. These persons will only access your personal information in accordance with our instructions and will be obliged to maintain confidentiality.

We have procedures to implement in the event of alleged violations of personal information and we will inform you and the relevant regulatory authorities, should such a case arise, in accordance with applicable legal requirements.

We take reasonable steps to destroy or de-identify personal information once we no longer require it for the purposes for which it was collected or for any secondary purpose permitted under the Australian Privacy Principles.

9. HOW LONG WILL WE KEEP YOUR INFORMATION?

We will keep your personal information for as long as it is still being used and then for 6 years after that or as long as permitted by applicable laws and regulations to achieve the purpose for which it was collected, including to meet legal provisions or health surveillance reporting requirements. Your personal information will be kept on a dedicated database, on an active basis, for the duration of the marketing of the Services concerned.

In order to assess the appropriate storage period for personal information, we take into consideration the quantity, nature and sensitivity of the personal information, the potential risk of harm caused by the unauthorised use or disclosure of your personal information, the purposes for which we use your personal information, and we try to determine whether it can achieve these purposes by other means while complying with the relevant legal provisions.

Under certain circumstances, we may ensure the anonymity of your personal information so that it can no longer be associated with you, in which case we may keep this information for a longer period of time.

10. WHO DO WE DISCLOSE YOUR PERSONAL INFORMATION TO, AND WHY?

Your personal information will be accessible by our staff, employees and contractors, but only when necessary for the performance of their duties.

We may transfer or disclose your personal information to our related companies or businesses.

We may disclose personal information to external service providers (such as surveillance services, data storage providers, data analysis providers and technical service providers) so that they may perform services for us or on our behalf. They will be required to ensure the protection of your personal information and will not be authorised to use your personal information for their own purposes.

We will only share your personal information with third parties in order to comply with legal obligations.

We may also disclose your personal information to third parties where:

we are required or authorised by law to do so;
you have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances;
you have consented to a third party disclosing your personal information to us; or
we are otherwise permitted to disclose the information under the Privacy Act.

If the ownership or control of all or part of our business changes, we may transfer your personal information to the new owner.

Please note that the Website may, from time to time, contain links to and from the websites of our partners or affiliates and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we have no control over how they may use your personal information. This is the same for your use of social media. You should check the privacy policies of third-party websites before you submit any personal information to them.

11. DO WE USE YOUR PERSONAL INFORMATION FOR MARKETING?

We will use your personal information (but we will not use your sensitive information as defined under the Privacy Act) to offer you Services we believe may interest you, but we will not do so if you tell us not to. These Services may be offered by us, our related companies, our other business partners or our service providers.

Where you receive electronic marketing communications from us, you may opt out of receiving further marketing communications by following the opt-out instructions provided in the communication.

12. WHAT IS THE PROCESS FOR COMPLAINING ABOUT A BREACH OF PRIVACY?

If you believe that your privacy has been breached, please send us an email (refer to “HOW TO CONTACT US?” section of this Policy) and provide details of the incident so that we can investigate it.

We request that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint. We deal with privacy complaints and any complaints should be directed to us using the contact details stated in the “HOW TO CONTACT US?” section of this Policy. We will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an investigation, the name, title, and contact details of the person conducting the investigation and the estimated completion date for the investigation process.

After we have completed our enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.

13. ACCESS TO AND CORRECTION OF YOUR PERSONAL INFORMATION

You may access or request correction of the personal information that we hold about you by contacting us. Our contact details are set out in the “HOW TO CONTACT US?” section of this Policy. There are some circumstances in which we are not required to give you access to your personal information.

There is no charge for requesting access to your personal information, but we may require you to meet our reasonable costs in providing you with access (such as photocopying costs or costs for time spent on collating large amounts of material).

We will respond to your requests to access or correct personal information in a reasonable time and will take all reasonable steps to ensure that the personal information we hold about you remains accurate and up to date.

We are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this Policy.

14. LINKS TO OTHER WEBSITES

Our Website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing individuals about their own privacy practices.‍

HOW TO CONTACT US?

If you have any questions or if you wish to exercise any of your rights, you can contact us using the contact details below:

Erilyan Group

NSW Office
1/27 Hotham Parade, Artarmon NSW 2064

VIC Office
2/200 Toorak Road, South Yarra VIC 3141
PO Box 6250, South Yarra VIC 3141

info@erilyan.com.au