WesTrac Pty Ltd (WesTrac) recognises and respects the importance of protecting the privacy of an individual’s personal information. This statement sets out how WesTrac aims to protect the privacy of your personal information, your rights in relation to your personal information managed by WesTrac and the way WesTrac collects, holds, uses and discloses your personal information.

In handling your personal information, WesTrac will comply with the Privacy Act 1988 (Cth) (Privacy Act), the 13 Australian Privacy Principles in the Privacy Act and where relevant, the Credit Reporting Code. This policy statement may be updated from time to time.

Personal information is information or an opinion about an identified, or a reasonably identifiable individual. During the provision of WesTrac’s products and services, WesTrac may collect your personal information.

Generally, the kinds of personal information WesTrac collects are:

• contact and identification information such as your name, company name, business street and postal address, business telephone and facsimile number, business email address or other personal contact details;
• professional information, including your job responsibilities;
• consumer credit information (provided the collection is expressly consented to and for a purpose related to an application for commercial credit), being credit-related personal information lawfully created and accessible within the Australian credit reporting system, including:
  • identification information;
  • consumer credit liability information, including information about credit accounts and credit limits;
  • repayment history information;
  • information about credit defaults;
  • credit eligibility information, which is information about an individual obtained by WesTrac from a credit reporting body such as Equifax, together with information WesTrac derives from such information based on its own analysis; and
  • any other information lawfully obtainable within the Australian credit reporting system; and
• your payment and shipping preferences for purchases and any special interests in products or industries.

In some circumstances WesTrac may also collect other personal information provided by you.

Generally, WesTrac collects your personal information directly from you, through:

• registering with WesTrac on our website;
• completing order entry purchases;
• completing online or hard-copy application forms, including but not limited to:
  • credit and insurance application forms with WesTrac and Caterpillar;
  • job application forms;
  • a ‘Request a Quote’ form, quotes or invoices; and
  • any forms for creating a PartStore account; or
• other exchanges with WesTrac, including any of WesTrac’s Caterpillar dealerships, through face-to-face meetings or via email, telephone or facsimile.

There may be occasions when WesTrac collects your personal information from other sources such as from an information services provider, credit reporting agency or a publicly maintained record. Generally, WesTrac will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information directly from you, and it is reasonably necessary for WesTrac to be able to provide its products and/or services to you.

WesTrac collects, holds, uses and discloses your personal information where it is reasonably necessary for the purposes of:

• selling, hiring, buying, servicing and performing warranty work in respect of machinery, construction equipment and spare parts, whether new or used;
• providing equipment management services;
• providing services in relation to the financing and resale of machinery and equipment;
• evaluating applications for, and providing, commercial credit in relation to machinery, equipment, parts and services;
• internal research on WesTrac’s website users’ demographics, interests and behaviours to better understand and serve WesTrac’s customers;
• employment or labour contracting, accounting, billing and other internal administrative purposes;
• identifying and informing you of products and services that may be of interest to you from WesTrac or selected third parties; and
• any other legal requirements.

Where personal information is used or disclosed, WesTrac takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to WesTrac. However, without certain information from you, WesTrac may not be able to provide its products and/or services to you.

WesTrac receives personal information about individuals from third parties on the understanding that those third parties have obtained the individual’s consent for WesTrac to collect and handle their personal information in accordance with this Privacy Policy.

WesTrac discloses your personal information for the purpose for which WesTrac collects it. That is, generally, WesTrac will only disclose your personal information for a purpose set out at paragraph 4. This may include disclosing your personal information to Caterpillar, WesTrac’s subcontractors and third parties engaged to perform administrative or other services for the purposes of:

• processing customer orders and delivering and supplying products and services;
• data processing and market research services;
• marketing WesTrac’s products and services;
• regulatory and compliance purposes;
• updating of credit information to credit reporting agencies;
• resale and valuation services; and
• underwriting, assessing and administering insurance risk and claims.

This disclosure is always on a confidential basis. WesTrac may also disclose your personal information for secondary purposes with your consent or if disclosure is required or authorised by law.

WesTrac may disclose personal information to overseas recipients in order to provide its services and products and for administrative or other business management purposes. Recipients of such disclosures are located in the United States of America and may also be located in China, Singapore, Germany and Japan.

Before disclosing any personal information to an overseas recipient, WesTrac takes steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law.

WesTrac may use and disclose your personal information in order to inform you of products and services of WesTrac that may be of interest to you. In the event you do not wish to receive such communications, you can opt-out by contacting WesTrac via the contact details set out in paragraph 11 or through any opt-out mechanism contained in a marketing communication to you.

WesTrac takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. WesTrac holds personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.

WesTrac uses Secure Sockets Layer (SSL) encryption, when collecting or transferring certain personal information such as financial information, which is designed to make the information unreadable by anyone other than WesTrac. SSL encryption functionality is evidenced by either the symbol of an unbroken key or closed lock (depending on your browser) being visible at the bottom of your browser window.

WesTrac will destroy or de-identify personal information in circumstances where it is no longer required, unless WesTrac is otherwise required or authorised by law to retain the information.

WesTrac takes steps reasonable in the circumstances to ensure personal information it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your personal information that is collected and held by WesTrac. If at any time you would like to access or correct the personal information that WesTrac holds about you, or you would like more information on WesTrac’s approach to privacy, please contact WesTrac via the contact details set out in paragraph 11 below. WesTrac will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.

To obtain access to your personal information:

• you will have to provide proof of identity. This is necessary to ensure that personal information is provided only to the correct individual and that the privacy of others is protected;
• WesTrac requests that you be reasonably specific about the information you require; and
• WesTrac may charge you a reasonable administration fee, which reflects the cost to WesTrac, for providing access in accordance with your request.

If WesTrac refuses your request to access or correct your personal information, WesTrac will provide you with written reasons for the refusal and details of complaint mechanisms available to you. WesTrac will also take steps reasonable in the circumstance to provide you with access in a manner that meets your needs and the needs of WesTrac.

WesTrac will endeavour to respond to your request to access or correct your personal information within 30 days from your request.

10.1 How does WesTrac collect information?

WesTrac automatically receives some other information when you visit WesTrac’s website including:

• the name of the domain from which you access the Internet;
• the Internet protocol (IP) address of the computer you are using;
• the browser software you use and your operating system;
• the date and time you access WesTrac’s website;
• the geographic location from which you access WesTrac’s website; and
• the Internet address of the website from which you linked directly to WesTrac’s website.

WesTrac uses this information to monitor the usage of its website. All of the information WesTrac automatically captures provides WesTrac with the ability to enhance its customers’ search and shopping experiences and to determine aggregate information about its user base and usage patterns.

When you click on a link or banners on WesTrac’s website that takes you to a third-party website (i.e a website which is not controlled by WesTrac), you will be subject to the third party’s privacy policy. While WesTrac supports the protection of privacy on the Internet, WesTrac cannot be responsible for the actions of a third-party website. WesTrac encourages you to read the posted privacy statement on any and every website you visit, whether you are linking from WesTrac’s website or browsing on your own.

10.2 Does WesTrac use electronic mechanisms such as “cookies”?

WesTrac uses data collection devices such as “cookies” to deliver customised visitor experiences and to analyse website user metrics. “Cookies” are small files placed on your hard drive that assist WesTrac in providing its services. While you may configure your browser to reject cookies, due to the technology WesTrac uses, cookies are required to register with and purchase products and services online from WesTrac’s website. Most cookies are “session cookies”, which means they are automatically deleted from your hard drive once you close your browser. You may encounter cookies or other data collection devices that are placed by third parties. WesTrac does not control the use of cookies by third parties.

WesTrac also capture metrics on the number of visitors to its sites for use in server capacity needs.

For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional communications, please contact WesTrac’s Privacy Compliance Officer at:

Privacy Compliance Officer

WesTrac Pty Ltd

128 – 136 Great Eastern Highway South Guildford WA 6055

t: (08) 9377 9444

e: [email protected]

Please direct all privacy complaints to WesTrac’s Privacy Compliance Officer. At all times, privacy complaints:

• will be treated seriously;
• will be dealt with promptly;
• will be dealt with in a confidential manner; and
• will not affect your existing obligations to WesTrac or affect the commercial arrangements between you and WesTrac.

WesTrac’s Privacy Compliance Officer will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation. In the event that you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Federal Office of the Australian Information Commissioner.