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This privacy policy (Policy) governs the collection, use and disclosure of personal information by Hygain Holdings Pty Ltd and the related companies listed at the end of this Policy (collectively referred to as Hygain, we, us, and our).
In this Policy ‘personal information' means information about an identified or identifiable individual (a natural person). This Policy outlines how we manage personal information including in accordance with all applicable privacy and data regulation laws, including the Australian Privacy Act 1988 (Cth) and Australian Privacy Principles, and the New Zealand Privacy Act 1993 (and from 1 December 2020, the Privacy Act 2020) and/or United States privacy laws such as the California Consumer Privacy Act (in each case, where applicable) (together, Privacy Laws).
Application of this Policy
This Policy applies if you:
(referred to as you and your).
By using our products, services and/or otherwise providing us with your personal information, you
authorise us to collect, hold, use and disclose that personal information in accordance with this Policy.
This Policy is in addition to any other applicable terms and conditions that may apply to your relationship and/or engagement with us.
Collection – How we collect information about you
Who we collect information about
We may collect and hold personal information about:
Information we collect
We collect personal information in order to manage and conduct our business, to provide and market our products and services and to meet our legal obligations. Depending upon the nature of your relationship with us, the type of personal information we collect and hold may include:
General: information as required for our relationship with you, such as:
For end consumers, if you are under the age of 16, we will seek parental consent prior to collecting any personal information about you.
For current or prospective employees, contractors, suppliers and/or visitors to our premises/sites:information for the purpose of commencing and conducting a business or employment relationship with you. This may include:
For health and safety and/or COVID-19: information for the purpose of health and safety compliance and/or complying with COVID-19 guidelines set down by the Australian Government and Australian State and Territory Governments or the New Zealand Government, or otherwise in accordance with applicable law, to enable Hygain to make informed health and safety decisions. This may include:
Who we collect personal information from
We use different methods to collect your personal information. We will generally collect personal information directly from you (e.g. in person, by telephone or through written information or forms that you submit to us). However, we may also collect personal information:
If you have provided us with information about another person, you warrant that you have that person’s permission to do so. Your obligations under the relevant Privacy Laws may also mean that you need to tell that person about the disclosure and let them know that they have a right to access their personal information and that we will handle their personal information in accordance with this Policy.
What happens if you don’t provide us with personal information
You are not required to provide us with your personal information. However, in some cases, if personal information we request is not provided, it may affect our ability to do business with you, including that:
How we use personal information
In general, we collect, hold, use and disclose your personal information in accordance with this Policy, including for the following purposes:
In addition, CCTV footage specifically may be used for the following purposes:
Credit information
We sometimes provide products and services to our customers on credit. In the course of providing credit, we will sometimes collect certain credit information from individuals, for instance, where the credit application relates to a sole trader, company director or guarantor. Such credit information may include:
By providing us with your credit information, you authorise us to use and disclose your credit information for the following purposes:
If we intend to use CRBs, we will provide information to you about the CRBs that we may use.
Under the Australian Privacy Act 1988 (Cth), individuals may request CRBs not to:
Individuals may have similar rights under the laws of other jurisdictions, where relevant. Please see other sections of this Policy below, for further information regarding access, deletion, and correction requests,complaints and how we generally handle personal information.
Who we may disclose personal information to
We may disclose your personal information:
Some of the recipients we may disclose your personal information to include:
Offshore disclosure
Your personal information may be transferred to other jurisdictions, including to our related companies and third parties located in Australia, New Zealand and the United States.
We will take reasonable measures to ensure that any cross-border disclosure is in compliance with the requirements of the relevant Privacy Laws. For example, where required by relevant Privacy Laws, by taking such steps as are reasonable in the circumstances to ensure that those organisations are either subject to, or comply with, applicable privacy laws that, overall, provide comparable safeguards to those under the relevant Privacy Laws.
Security of your personal information
We take steps to protect personal information held by us from misuse and loss and from unauthorised access, modification or disclosure, for example through the use of technical and physical security measures, including restricting access to electronic records through technical access restrictions. You should understand that no data storage system or transmission of data over the internet or any other public network can be guaranteed to be 100 percent secure, accurate, complete, or current. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.
Access, deletion, correction and retention of your personal information
Access and Deletion
You may be entitled to request that we provide access to (or, in some jurisdictions, delete) your personal information in accordance with applicable laws, and may do so by contacting our Privacy Officer. Please see the “How to contact us and complaints” section below for more contact information. In processing your request, we will comply with our obligations under the relevant Privacy Laws, noting that we may need to request additional information to verify your identity before we allow you to access or delete your personal information, and are permitted to withhold the disclosure or refuse deletion of personal information in prescribed circumstances.
Correction
You may be entitled to request that we correct your information in accordance with applicable law. If you believe the personal information we hold about you is inaccurate, incomplete or out of date, please contact our Privacy Officer. If you satisfy us that any personal information we hold about you is not accurate, complete or up-to-date, we will amend our records accordingly. If we are not willing to correct your personal information as requested, you may request us to attach a statement of correction to the information in a manner that ensure it will always be read with the information.
Retention.
We will retain your personal information for as long as we require it to fulfil the purpose for which it was collected, unless a longer retention period is required for the purpose of discharging our legal, accounting and reporting requirements or for our other business purposes where permitted under applicable law.
Where we no longer require your personal information, we will use reasonable endeavours to comply with our legal obligations in respect of that information (e.g. by de-identifying or destroying such personal information).
Marketing and opting out
We may use your personal information to contact you from time to time whether by email, phone or SMS, to identify a product or service that you may be interested in or to tell you about new products or services, special offers, promotions and events. Where required by applicable law, we will obtain your consent prior to sending direct marketing communications to you.
If you do not want us to contact you for these purposes, you can withdraw your consent and let us know at any time by unsubscribing from the mailing list by clicking on the link in the marketing communication or by contacting the Privacy Officer (at the contact details below).
Cookies and links to other sites
To improve our Sites and advertising, and to help us better understand browsing behaviour, when you use our Sites we and third parties may use website measurement software and other analytics tools and services (including Google Analytics) to gather information such as traffic patterns, mouse click activity, IP addresses, and any other information you may provide through use of our Sites. We may also use analytics tools available on our Channels.
Like many other websites on the internet, Hygain may use browser cookies, pixel tags, local storage, and other similar technologies (collectively "cookies" to collect and store information about you when you are on our Site or Channels. For example, a cookie is a data file that is sent to your browser from a web server and stored on your computer (or other device), then sent back to the server by your browser each time you access certain sections of our Site or Channels.
This information helps us to remember your preferences and can help us to provide a tailored experience and customised content and material on our Sites and Channels. This information may be retained in an anonymous or aggregated form after we have erased personal information that identifies you from our systems.
You can choose to disable cookies via your device’s website browser settings. However, if you choose to reject cookies, you may not be able to use or access some features of the services that we offer.
If you would like to opt out of your data being used for Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.
Hygain may have links or references to other websites from our Sites or Channels. This Policy does not apply to those websites and we take no responsibility for any information collected by such third parties.
Do-Not-Track Signals and Similar Mechanisms. Some mobile and web browsers transmit "do-not-track" signals. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
Changes to this Policy
This Policy is current as at November 2020. We may amend and update this Policy from time to time to take account of new laws and technology, changes to our operations and practices and the changing business environment. The most current version of this Policy is located at https://hygain.com.au/pages/hygain-group-privacy-policy-2021 and can be obtained by contacting our Privacy Officer via the details below.
We will provide you with reasonable notice before we implement any change by posting a statement on our website, or we may also announce it by email (if we have your email address). The date of this Policy will otherwise inform you as to whether there have been updates since your last visit.
How to contact us and complaints
If you have any questions about personal information or are unhappy with how we’ve handled your personal information, please contact our Privacy Officer using the following contact details:
By post: PO Box 199, Officer, VICTORIA 3809
By email: kmanley@hygain.com.au Attention, Privacy Officer
By email: kleombruni@hygain.com.au Attention, Privacy Officer
We will investigate any complaint and respond to you as quickly as possible and in accordance with applicable law. For further information about making a privacy complaint, or the progress or outcome of any investigation, please contact the Privacy Officer using the details above.
If you’re not satisfied with how we’ve handled your complaint, you can contact, where applicable:
Hygain related companies
Australia
HYG HoldCo Pty Ltd
HYG BidCo Pty Ltd
Hygain NSW Pty Ltd t/a Mitavite
Hygain Holdings Pty Ltd
Hy Gain Feeds Pty Ltd
Hygain Property Management Pty Ltd
New Zealand
Hygain Feeds NZ Limited
United States
Hygain Feeds International, Inc.
WHISTLEBLOWER POLICY
1. INTRODUCTION & PURPOSE
HYGAIN group of Companies strives to operate with a culture of ethical and appropriate corporate behaviour in all our business activities. This includes ensuring that the Company acts with integrity, honestly and in accordance with good governance principles.
This purpose is supported by:
In this policy:
Discloser(s) refers to the persons eligible to make a disclosure protected by Whistleblower Laws. These persons are identified in section 5 below.
Protected Matters refers to the types of matters outlined at section 4 below, which are protected by Whistleblower Laws and the terms of this policy.
Whistleblower Laws refers to the protections contained in the Corporations Act 2001 and important changes made to this Act by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019.
Whistleblowing Officers are:
Kevin Bareira
CEO
Ph: 0424 233 323
E : kbareira@hygain.com.au
Tara Hall HR Officer
Ph: 03 5943 2255
Email: thall@hygain.com.au
2. COMMENCEMENT AND SCOPE
This policy commenced on 3 October 2019. It replaces all other policies dealing with whistleblowers and Whistleblower Laws.
The protections and requirements contained in this policy apply to all Disclosers, as defined in section 5 below.
The policy is not intended to create any contractually binding obligation on the Company and does not form part of any contract of employment or other contract for engagements with the Company.
3. TYPES OF DISCLOSURES PROTECTED BY WHISTLEBLOWER LAWS
A disclosure is protected by Whistleblower Laws if:
All of the above 3 conditions must be satisfied for a disclosure to be protected by Whistleblower Laws.
4. PROTECTED MATTERS
The types of disclosures which are protected are those where the Discloser has reasonable grounds to suspect that the information disclosed concerns misconduct, or an improper state of affairs or circumstances, in relation to the Company or its related bodies corporate.
These types of Protected Matters would include concerns that the Company, its related bodies corporate or employees or officers of the Company or its related bodies corporate, have engaged in conduct that:
The disclosure of information related to a personal work-related grievance is not generally protected by Whistleblower Laws. A personal work-related grievance relates to information where:
which has implications for the Discloser personally; and
Examples of personal work-related grievances include interpersonal conflicts between the Discloser and other employees, decisions regarding engaging, transferring or promoting a Discloser and decisions to discipline a Discloser or suspend or terminate the engagement of a Discloser.
5. WHO MAY MAKE DISCLOSURES ABOUT PROTECTED MATTERS?
Each of the following persons may make a protected disclosure:
(Disclosers).
There is no requirement for a Discloser to identify themselves to be protected by Whistleblower Laws. That is, protected disclosures may be made anonymously.
6. WHO CAN A PROTECTED MATTER BE DISCLOSED TO?
In order to be protected by Whistleblower Laws, the disclosure of a Protected Matter must be made to:
A “senior manager” is a person who:
7. DISCLOSURES TO POLITICIANS AND JOURNALISTS
A disclosure of a Protected Matter to a journalist or member of State or Federal Parliament will be protected by Whistleblower Laws only if it qualifies for the public interest requirements or emergency requirements outlined below.
Public interest disclosures
A disclosure of Protected Matters to a member of State or Federal Parliament or journalist will be protected by Whistleblower Laws if all of the following requirements are satisfied:
Emergency disclosures
A disclosure of Protected Matters to a journalist or member of State or Federal Parliament will be protected by Whistleblower Laws if all of the following requirements are satisfied:
8. CONFIDENTIALITY
Where a disclosure is protected by Whistleblower Laws, the Laws prohibit persons from disclosing the identity of a Discloser or disclosing information that is likely to lead to the identification of the Discloser.
Persons may only disclose the identity of a Discloser with the Discloser’s consent or to ASIC, APRA, the AFP or a
legal practitioner for the purposes of obtaining legal advice about the Whistleblower Laws.
Persons may also disclose the existence of the Protected Matters (without disclosing the identity of the Discloser) to the extent necessary for the matters to be investigated, provided all reasonable steps are taken to reduce the risk that the Discloser’s identity can be discovered. These disclosures may include disclosures to:
Any breach of these confidentiality protections attract significant fines for both individuals and companies.
9. IMMUNITY FOR DISCLOSER
There is an expectation that anyone reporting a wrongdoing has reasonable grounds to suspect the information they are disclosing is true, but there will be no penalty if the information turns out to be incorrect. This does not apply to disclosures that are found to be vexatious and known by the Discloser to be untrue. Those reporting are expected to provide the information upon which their suspicion is based but are not required to have all the details or have conducted their own inquiries.
If a Discloser makes a disclosure protected by Whistleblower Laws, the Discloser cannot be subject to any civil or criminal liability for making the disclosure and cannot be subject to any contractual breach or other civil claim on the basis of the disclosure.
No contract of employment or contract for services can be terminated on the basis that a protected disclosure constitutes a breach of contract.
10. VICTIMISATION PROHIBITED
Whistleblower Laws prohibit any person or company from:
Where a person or company engages in breaches of these protections, significant civil and criminal penalties including fines may apply and persons who are adversely affected may obtain compensation orders from a Court in relation to any detriment caused.
Persons who have their contracts terminated in contravention of these protections may also have their contracts reinstated by a Court.
11. REPORTING AND INVESTIGATING PROTECTED MATTERS
Persons may disclose Protected Matters by either of the following steps:
In all instances, the recipient of the disclosure of Protected Matters will report the disclosure to the Whistleblowing Officer. The Whistleblowing Officer will maintain a confidential register of disclosure, the outcome of investigations and any required remediation. This register is strictly confidential and information in it will not be disclosed to anyone outside of the Whistleblowing Officer without the express approval of the Discloser and the Whistleblowing Officer. The Whistleblowing Officer may provide high level, anonymised reports to the Compliance and Audit Committee or the Board.
Investigations
The Company will refer Protected Matters to its Whistleblowing Officers for investigation to determine whether misconduct or some other improper state of affairs exists.
The Whistleblowing Officers will investigate the relevant matters in a manner compliant with the confidentiality obligations outlined in Section 8 of this policy.
The Whistleblowing Officers may alternatively:
Whilst every investigation process will differ according to the relevant circumstances, the Whistleblowing Officers will ordinarily ensure that appropriate enquiries are made to determine whether:
All records and documents created from an investigation will be retained securely. Unauthorised release of information to someone not involved in the investigation without the consent of the Discloser, will be in breach of this Policy.
12. SUPPORTING WHISTLEBLOWERS, PROVIDING FAIR TREATMENT AND PROTECTION FROM DETRIMENT
The Corporations Act 2001 provides specific protections for Disclosers relating to, identity protection and confidentiality (referred to above), protection from detrimental acts or omissions and protection from civil, criminal and administrative liability.
The Company intends to support Disclosers making disclosures about Protected Matters and to put in place procedures to promote fair treatment of Disclosers and protect them from detriment. This can be achieved by:
13. ACCESS TO THIS POLICY
This policy will be made available to all Company employees and officers by the following means:
14. BREACHES OF THIS POLICY
All employees and contractors of the Company are required to comply with this policy at all times as well as with Whistleblower Laws.
Non-compliance with this policy or Whistleblower Laws may result in disciplinary action up to and including termination of employment or termination of a contractor’s services.
15. POLICY REVIEW
This policy may be varied, amended, replaced or terminated from time to time and at any time at the absolute discretion of the Company.
16. REFERENCES
This policy was drafted taking into account the:
This policy applies to disclosure made to Hygain in relation to matters within Part 9.4AAA (protection for whistleblowers) under the Corporations Act 2001. Part IVD of the Taxation Administration Act 1953 also contains whistleblower protections. This policy covers the types of disclosers protected by these Acts.
17. OTHER RESOURCES
ASIC whistleblower resources
ASIC has information regarding whistleblowing available from its website at: https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/
In relation to rights and protections for whistleblowers, see Information Sheet 238 Whistleblower rights and protections: https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/whistleblower-rights-and-protections/
For information for recipients of disclosures, see Obligations on company officers: https://asic.gov.au/for-business/running-a-company/company-officeholder-duties/whistleblowers-company-officeholder-obligations/
ATO whistleblower resources
The Australian Taxation Office (ATO) introduced new arrangements to protect whistleblowers. Information is available from: https://www.ato.gov.au/general/gen/whistleblowers/.
Policy Review Date: 21/08/2020 Reviewed By KINGSTON Reid
(On behalf of Adamantem Capital)
Next Review Date: 21/08/2021