Privacy Policy

In Australia, BURTON is bound by the Privacy Act 1998 (Cth), the Privacy (Credit Reporting) Code 2014 and the Australian Privacy Principles (“the APPs”) as amended from time to time.

In New Zealand, BURTON is bound by the Privacy Act 1993 (NZ), the Credit Reporting Privacy Code and the New Zealand Privacy Principles as amended from time to time.

Collectively, these statutes and codes are herein referred to as “the Privacy Laws” (as those laws are applicable to either Australia or New Zealand).

BURTON is committed to your privacy. Our policy on the handling of Personal Information (any information from which your identity is apparent, or could reasonably be made apparent) is to comply with the Privacy Laws as amended from time to time (including the APP’s) for the fair handling of Personal Information and Credit Information (your repayment and default history, amount and type of credit provided, and any default information). A copy of our Privacy Policy is located on our website at https://www.burton.com/au/en/privacy-na.html.

We may collect types of Personal Information from you throughout our relationship and we will advise you of this (and other matters about the collection of Personal Information) before, at or as soon as possible after the time of collection. We use the types of Personal Information collected for several purposes, including considering and assessing applications for employment, enabling us to supply you with our products and/or services and for assessing Applications for Commercial Credit and Guarantee documents, managing accounts including overdue accounts and, if necessary, insuring our risk in collecting debts. This information may be disclosed to our related or associated entities, overseas recipients in locations such as USA and New Zealand (or Australia where the reader is located in New Zealand), parties related to your employment (e.g. referees and others as set out in our Privacy Policy), contractors, other Credit Providers whether or not your account is overdue and, if necessary, our Risk Insurers, debt collectors, lawyers and other service providers, and Credit Reporting Bodies including but not limited to Equifax Pty Ltd (www.equifax.com.au / www.equifax.co.nz) (“EQUIFAX”) and Dun & Bradstreet (Australia) Pty Ltd trading as Illion (www.dnb.com.au / www.dnb.co.nz) (“ILLION”) and CreditorWatch Pty Ltd (www.creditorwatch.com.au) (“CREDITORWATCH”).

If all or part of the Personal Information requested is not provided, we may not be able to consider any application made by you or to supply you with our goods and/or services and we may not be able to process your Application for a Commercial Credit Account. In accordance with the Privacy Laws and the BURTON Privacy Policy, you will be given access to your Personal Information on request. If you have any questions or concerns about our Privacy Policy, the types of Personal Information we may hold about you, or for corrections or complaints about a breach of your privacy, please direct your requests to the Privacy Officer at our Head Office address at 6 Green Street, Brookvale NSW 2100 or telephone (02) 9935 9000 or e-mail privacy@burton.com.au.

BURTON is committed to the protection of your Personal Information. Personal information is any information or an opinion about an identified individual or an individual who is reasonably identifiable. We may collect types of Personal Information from you throughout our relationship and we will advise you of this (and other matters about the collection of Personal Information) before, at or as soon as possible after the time of collection.

Generally, the kinds of information BURTON will collect about an individual include an individual’s name, signature, residential address, telephone number, date of birth, licence number, bank account details or credit card information, government identifiers such as tax file numbers, employment history, insurance policy information and commentary or opinion about a person, for example credit commentary, eligibility or information received from Equifax or Illion.

The specific types of Personal Information that we collect from you and how we collect that information will depend on the services you require from us and how you interact with us. BURTON usually collects Personal Information directly from the individual concerned. Where this is not practical, BURTON will take reasonable steps to ensure that the individual is informed about the collection unless the individual has previously expressly or impliedly consented to the collection. In some cases, BURTON may collect information from a third party, such as an insurance company, recruitment agencies, wholesale and retail suppliers and via social media.

When you apply to do business with us we will ask you many details about you and your business. That information then assists us in making business decisions about our intended business relationship and the terms of that relationship. If the personal information requested is not supplied, BURTON may not be able to consider any request or application made by you or to supply you with our goods and/or services and we may not be able to process your Application for a Commercial Credit Account.

At the time of collecting Personal Information about an individual, or as soon as practicable after that time, BURTON takes reasonable steps to ensure the individual is aware of:

(a) The identity and contact details of BURTON and BURTON’s Privacy Officer;

(b) The purposes for which the information is being collected;

(c) Any organisations to which BURTON may possibly disclose the information to;

(d) The fact that an individual has a right to gain access to the personal information collected; and

(e) The main consequences (if any) for the individual if all or part of the information is not provided.

We will not collect any sensitive Personal Information from you revealing racial or ethnic origin, political opinions or political association memberships, religious or philosophical beliefs, professional or trade union membership, or details of health, disability information, genetic or biometric information, or sexual activity or orientation. Exceptions to this include:

(f) Where you have given express consent to BURTON to do so and where is it necessary for BURTON to carry out one of its primary functions;

(g) Where there are reasonable grounds to believe that disclosure is necessary to prevent a threat to life or health;

(h) The use is authorised by law or reasonably necessary to enforce the law; or when the information is necessary for the establishment, exercise or defence of a legal claim.

If we receive Personal Information which we did not solicit, we will determine as quickly as possible whether or not that Personal Information could have been lawfully collected by us in accordance with the Privacy Laws and BURTON’s Privacy Policy. If so, we will only use the unsolicited Personal Information as if that information had been solicited by BURTON (that is, lawfully and fairly in accordance with the Privacy Laws and our Privacy Policy). If not, we will take reasonable steps to de-identify or destroy the information.

When you use BURTON’s website at www.burton.com, our Internet Service Provider (ISP) may make a record of your visit and log your server address, your domain name, the date, time and duration of your visit, the pages and documents you accessed, the previous site you had accessed (i.e. the referring URL) and the type of browser you are using. This information is collected for statistical purposes only, and BURTON will not make any attempt to identify users according to their browsing activity.

In the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our business records or ISP’s logs. It is also possible that your ISP is logging your activity while you visit our site. This is obviously beyond the control of BURTON.

While you are visiting our site, we may use cookies to facilitate a more personalised web browsing experience. Except where you volunteer personal or business information, we will not procure information about you via any alternative means while you visit our website.

In some circumstances, BURTON will provide you with an option of not identifying yourself, or of using a pseudonym, when dealing with us (unless BURTON is required or authorised by Australian law or a Court/Tribunal order to deal with individuals who have identified themselves, or where it is impracticable to do so).

The personal information that you provide to us before, during or after our business relationship, or before, during or after interaction on our website, and in other interactions between us, is used for a number of primary purposes. These purposes include:

(a) Enabling us to supply you with our products and services or provide you with information about our products and services;

(b) Managing, servicing and reviewing accounts, including overdue accounts; (c) Managing customer payment information, including credit card information and bank account details;

(d) Considering and assessing applications for employment;

(e) Providing you with better service for the supply of products and services; and

(f) Insuring and assessing our risk in collecting debts.

BURTON will not sell, rent or trade your Personal Information.

Any Personal Information which you do supply will only be used internally at BURTON and will not be divulged to a third party unless that third party is associated or integral to the purpose for which you gave us the information or where required by law. We will only use and disclose Personal Information about you for the purpose for which you gave us that information. We may use and disclose Personal Information about you for a purpose other than the purpose for which you gave us the information where:

(a) That other purpose is related to the purpose for which you gave us the Personal Information;

(b) You have given us your consent for the Personal Information to be used or disclosed for the additional purpose;

(c) Where there are reasonable grounds to believe that use or disclosure is necessary to prevent a threat to life or health;

(d) Where we suspect that unlawful activity is or has been engaged in and we use or disclose the Personal Information to investigate the suspected unlawful activity; or

(e) The use or disclosure is authorised by law or reasonably necessary to enforce the law.

During the ordinary course of business, BURTON may disclose your Personal Information as required by law or to parties related to your employment (e.g. referees or WorkCover Insurers), our contractors, other credit providers (whether or not your account is overdue) and, if necessary, our Risk Insurers, debt collectors, solicitors, other professional advisors and Credit Reporting Bodies including but not limited to Equifax (www.equifax.com.au), Illion (www.dnb.com.au) and CreditorWatch (www.creditorwatch.com.au). BURTON may also disclose your Personal Information to organisations involved in a transfer or sale of all or part of our business or its assets or one involved in managing our corporate risk and funding requirements.

BURTON’s credit department has well-documented, detailed procedures in managing personal data relating to the administration of customer accounts which are compliant with the APPs. Compliance to these procedures is monitored by BURTON on an ongoing basis.

BURTON may also use your Personal Information, including e-mail addresses, for the purpose of direct marketing. We may only use your Personal Information or data for the purpose of direct marketing in relation to promotional activities where it is impracticable for us to obtain your prior express consent. However, when we do this, we will provide an express opportunity when we first contact you to decline receiving any further marketing communications from us, via an opt-out mechanism. Please contact us if you do not want to receive any direct marketing information or if you do not want your information disclosed for direct marketing purposes.

In the normal course of business, BURTON may disclose Personal Information to overseas recipients such as BURTON’s related or associated companies in USA, China, Canada and Europe, or to third parties. This disclosure may occur if BURTON’s service providers are located overseas, if any transactions, information, products or services have an overseas connection, where the individual consents, where the disclosure is for the benefit of the individual, or is for the performance of a contract with BURTON. BURTON will take reasonable steps to protect an individual’s privacy if this disclosure occurs.

BURTON will take all reasonable steps to ensure that all Personal Information we collect, use or disclose is stored both physically and electronically in a secure environment accessed only by authorised persons. BURTON will take reasonable steps to protect any Personal Information that it holds from misuse, loss, unauthorised access, modification or disclosure, and to destroy or permanently de-identify Personal Information if it is no longer needed for any purpose. BURTON requires any third party, service provider, or other entity to which BURTON discloses Personal Information to comply with this Privacy Statement and Privacy Policy and to comply with the APPs.

BURTON maintains sophisticated IT systems to keep its customer, vendor and employee data on master files.

BURTON has security measures designed to protect against the loss, misuse and/or alteration of the information under its control, including restricted access, firewalls and encryption.

While BURTON employs anti-virus software and encryption technology when interfacing with its customers, suppliers, contractors and other parties, you should be aware that there is a residual risk in transmitting any data electronically. This risk is inherent in any internet dealings.

BURTON will take all reasonable steps to ensure that all Personal Information we collect, use or disclose is accurate, complete and up-to-date. BURTON will review Personal Information on its databases at regular internals to ensure all information kept is up to date.

You have a right to seek access to your Personal Information and to correct that information. Please contact the Privacy Officer if your details change or if you believe the Personal Information we have about you is not accurate or complete. We will provide you with reasonable opportunity to access your Personal Information and have it corrected or updated. A fee may apply to such access and you will be required to provide the appropriate identification.

Exceptions to your access rights may include:

(a) Where providing access will pose a serious threat to the life or health or any individual or pose an unreasonable impact on the privacy of an individual;

(b) Your request for access is frivolous or vexatious;

(c) Where the information relates to existing legal proceedings between BURTON and you and the information would not be discoverable in the process of those legal proceedings; or

(d) Where providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of laws, or denying access is specifically authorised by law.

Where BURTON refuses a request for correction or access, you will be provided with written reasons for the refusal and details of complain mechanisms.

BURTON takes your complaints seriously. If you believe that BURTON has not dealt with your Personal Information in a manner that complies with the Privacy Laws (including the APP’s) as amended from time to time, please contact the Privacy Officer at 6 Green Street, Brookvale NSW 2100 or e-mail privacy@burton.com.au or via any of our contact details listed at [ ]. You will be required to put your complaint in writing. BURTON will use its best endeavours to provide a response in writing within a timely manner, and to correct any Personal Information and notify any other entity required with updated information.

BURTON has detailed procedures for dealing with Privacy Law breaches. If you are dissatisfied with the outcome of your complaint, or if BURTON refuses to provide access to, or correction of, your Personal Information, you may complain to the Office of the Australian Information Commissioner at http://www.oaic.gov.au.

This Privacy Statement and Privacy Policy is available on BURTON’s website at ww.burton.com and will be made available free of charge to anyone who requests a copy. This Privacy Statement and Privacy Policy may be reviewed and amended from time to time, and any updated version will be made available on BURTON’s website or on request and will apply from the date the updated version is so published or provided.

You can contact BURTON and our Privacy Officer at our head office premises at 6 Green Street, Brookvale NSW 2100 or telephone (02) 9935 9000 or e-mailprivacy@burton.com.auor via any of our contact details listed at [ ].

BURTON may collect, use, hold and disclose Credit Information about you. You consent to such collection, holding, use and disclosure of your Credit Information in accordance with the terms of this policy.

If you apply for commercial credit or provide a guarantee for commercial credit, the kinds of Credit Information and Credit Eligibility Information that we may collect and hold includes information used to identify you, your creditworthiness and any other related information necessary or incidental to the products and services which BURTON provides or proposes to provide to you. This may include:

• identification information; or • consumer credit liability information; or
• repayment history information; or
• a statement that an information request has been made in relation to you by a credit provider;
• payment or default information; or
• new arrangement information; or
• court proceedings information; or
• personal insolvency information; or
• publicly available information in relation to your creditworthiness.

Sometimes, we may gather Credit Information and Credit Eligibility Information about you from a third party, for example, from Credit Reporting Bodies (“CRB’s”) (for example, Equifax, Illion and CreditorWatch) or intermediaries and spouses or from publicly available information.

The Credit Information that you provide assists us in making business decisions about our intended business relationship and the terms of that relationship. If you do not provide all of the information requested, we may not be able to transact business with you and we may not be able to process any Application for Commercial Credit Account.

We will collect, hold, use and disclose Credit Information and Credit Eligibility Information for a number of primary purposes, including the following:

• assessing Applications for Commercial Credit Accounts and Guarantee documents and whether to accept you or anyone else as a guarantor in relation to credit;
• assessing your credit worthiness;
• to assist you in avoiding any default on your credit obligations;
• notifying a CRB or other credit providers of any defaults by you;
• comply with any legal or regulatory requirements; and
• to advise you of services and products from time to time.

We will also collect, hold, use and disclose Credit Information and Credit Eligibility Information about you to comply with Australian legislation, including the Corporations Act 2001, Proceeds of Crime Act 1987 and Anti-Money Laundering and Counter Terrorism Financing Act 2006 as amended from time to time.

We may disclose your Credit Information and Credit Eligibility Information to any of the following third parties:

• any regulatory, governmental organisation or industry or legal body which governs the conduct of any part of our business in any jurisdiction or as required by law or regulation;
• our related bodies corporate;
• a third party who is supplying a service to us;
• any other third party provided that we obtain your prior written consent;
• your representatives (including your legal adviser, mortgage broker, financial adviser, executor, administrator, guardian, trustee, or attorney);
• where permitted by law, debt collection agencies or other lenders; or
• as otherwise permitted by law.

BURTON may disclose Credit Information and Credit Eligibility Information to overseas recipients such as our related or associated companies in USA and New Zealand (or Australia where the reader is located in New Zealand), or to third parties. This may also occur if our service providers are located overseas. We will take reasonable steps to protect your privacy if this disclosure occurs.

We will take all reasonable steps to ensure that all Credit Information and Credit Eligibility Information that we collect, use or disclose, is stored both physically and electronically in a secure environment accessed only by authorised persons. We will take reasonable steps to protect any such information that we hold from misuse, loss, unauthorised access, modification or disclosure and to destroy or permanently de-identify personal information if it is no longer needed for any purposes.

We maintain sophisticated IT systems to keep such information and data on master files. We have security measures including restricted access, firewalls and encryption.

While BURTON employs antivirus software and encryption technology when interfacing with its customers, suppliers, contractors and other parties, you should be aware that there is a residual risk in transmitting any data electronically. This risk is inherent in any internet dealings.

CRBs are permitted under the Act and the CR Code to use and disclose your Credit Information. If you apply for commercial credit or offer to act as a guarantor, we may disclose your Credit Information to, or collect Credit Information about you from a CRB. This information is used for the purpose of determining your Eligibility for credit, and we may process the information to assess your creditworthiness and suitability for credit. BURTON deals with the following Corporate Reporting Bodies:

• Equifax Pty Ltd, PO Box 964 North Sydney 2059, www.equifax.com.au, 13 83 32; and
• Dun & Bradstreet (Australia) Pty Ltd trading as Illion, Level 7, 479 St Kilda Road Melbourne 3004, www.dnb.com.au, 13 23 33.
• CreditorWatch Pty Ltd, GPO Box 276, Sydney NSW 2001, www.creditorwatch.com.au, 1300 50 13 12,

Further information about how these bodies manage credit related personal information can be found in their privacy policies available on their websites or by contacting them directly.

BURTON will take all reasonable and necessary steps to ensure all information collected, used or disclosed is accurate, complete and up to date. You have a right to seek access to your Credit Information and Credit Eligibility Information and to make correction to that information. Your request must be reasonable and practicable. Please contact our Privacy Officer onprivacy@burton.com.aushould your details change or if you believe the information we have about you is not accurate or complete or to make an access or correction request. We will endeavour to respond to your request within a reasonable time. If you are not satisfied with our response to your access or correction request, please see our Complaints Section below, for information on making a complaint.

BURTON takes your complaint seriously. If you believe that we have not dealt with your Credit Information and Credit Eligibility Information, in a manner that complies with the Act or the CR Code, please contact the Privacy Officer at 6 Green Street, Brookvale NSW 2100 or (02) 9935 9000 or by emailing privacy@burton.com.au.

You will be required to put your complaint in writing and we will use our best endeavours to provide a response in writing within a timely manner and to correct any personal information and notify any other entity required with updated information.

BURTON has detailed procedures for dealing with privacy. If you are dissatisfied with the outcome of your complaint or should we refuse to provide access to or correction of your information, you may complain to the Office of the Australian Information Commissioner at https://www.oaic.gov.au/.

If you have any questions about this policy, please contact the Privacy Officer by emailing privacy@burton.com.au or by telephone (02) 9935 9000 by mail to the Privacy Officer, 6 Green Street, Brookvale NSW 2100.

We may, at our discretion, change our approach to the handling of Credit Information and will, in such instances, update the Credit Reporting Policy to reflect these changes. The most up-to-date copy of the Credit Reporting Policy will be available on our privacy policy page and any such updated version shall apply from the date the updated version is published on our website.

Credit Information and Credit Eligibility information is personal information that may have a bearing on commercial credit that has been provided to you or that you have applied for or is about you as a guarantor of commercial credit. Credit Information about you may include:

• identification information; or
• consumer credit liability information; or
• repayment history information; or
• a statement that an information request has been made in relation to you by a credit provider; or
• default information; or
• payment information; or
• new arrangement information; or
• court proceedings information; or
• personal insolvency information; or
• publicly available information in relation to your creditworthiness.

Credit Information applies to both consumer credit and commercial credit.

CRB’s are permitted under the Privacy Laws to use and disclose your Credit Information. If you apply for commercial credit or offer to act as a guarantor, we may disclose your Credit Information to, or collect Credit Information about you, from a CRB. This information is used for the purpose of determining your eligibility for credit, and we may process the information to assess your creditworthiness and suitability for credit.

BURTON will deal with the following CRB’s:

• Equifax Pty Ltd, PO Box 964 North Sydney 2059, www.equifax.com.au, 13 83 32; and
• Dun & Bradstreet (Australia) Pty Ltd trading as Illion, Level 7, 479 St Kilda Road Melbourne 3004, www.dnb.com.au, 13 23 33.
• CreditorWatch Pty Ltd, GPO Box 276, Sydney NSW 2001, www.creditorwatch.com.au, 1300 50 13 12.

Further information about how these CRB’s manage credit related personal information can be found in their privacy policies which can be obtained from their websites or by contacting them directly.

BURTON's Credit Reporting Policy contains further information on:

• how you can access the Credit Information that BURTON holds about you;
• how you can correct the Credit Information that BURTON holds about you;
• how you can complain about a breach of regulatory obligations by BURTON;
• the locations outside of Australia that BURTON may disclose your Credit Information to.

CRB’s offer a service to credit providers wishing to send direct marketing material about credit services to individuals. This is called "credit pre-screening". You have the right to request the CRB’s do not use your Credit Information for this purpose. To opt out of credit pre-screening, contact the CRB, using the contact details provided above.

You can also ask a CRB not to use or disclose your credit reporting information for a period if you believe on reasonable grounds that you have been or are likely to be a victim of fraud.