Privacy Policy

Introduction

1. This policy applies to all of the entities listed in the schedule (“We”, “Us” or “Our”).

2. This policy explains how We manage personal information. The Privacy Act 1988 (Cth) defines personal information as information or an opinion about an identified individual, or an individual who is reasonably identifiable.

3. This policy also explains how you may access the personal information about you that We hold, and seek correction of such information.

4. This policy also explains how you may complain about a breach of the Australian Privacy Principles, and how We will deal with such complaint.

5. We reserve the right to amend this policy at any time.

6. This policy is available free of charge.

Interpretation

7. In this policy, unless the context otherwise appears, a reference to “We, “Us” or “Our” is a reference to each of Us individually.

8. This policy is to be read subject to the provisions contained in the Privacy Act 1988 (Cth), and does not affect any of Our legal rights or remedies.

The kinds of personal information that We collect and hold

9. We will not collect personal information from you unless the information is reasonably necessary for, or directly related to, one or more of Our functions or activities.

10. We may collect and hold your name, date of birth, signature, address, photographic image, telephone number, IP address, email address and credit card details.

11. If you wish to participate in a simulator experience, We may also collect and hold sensitive information about you including your physical fitness, health and pregnancy status.

12. We will not collect sensitive information about you unless you consent to the collection of that sensitive information, or if collection of the information is required or authorised by law.

13. If you provide Us with sensitive information about you, you are taken to consent to the collection of that sensitive information.

14. You may choose to deal with Us anonymously, or using a pseudonym, where it is lawful and practicable to do so. However, if you choose to deal with Us in this way, this may affect Our ability to provide services to you in a proper, safe and efficient manner.

15. If you wish to participate in a simulator experience, We reserve the right not to allow you to participate unless you sign Our standard waiver and release document, which will require you to provide Us with correct information, including your full name, date of birth, contact number, email address, postal address and signature.

16. You are not required to provide Us with the information that We request, or to allow Us to collect information from third parties.

17. Where you choose not to provide Us with the information that We request, We may not be able to provide you with services that you have requested from Us in a proper, safe and efficient manner, and We may elect to terminate Our arrangement with you.

18. If you provide either inaccurate or incomplete information to us, you risk obtaining goods or services that may not be safe for you, or appropriate or suitable for your needs, and you may risk suffering injury, financial detriment or financial loss.

How We collect and hold personal information

19. We will only collect personal information about you by lawful and fair means.

20. In most cases, We will collect personal information about you directly from you.

21. In some cases, We will collect personal information about you when you visit Our website. Our website may use “cookies”. Cookies are small data files that are downloaded from Our website and stored on your computer when you visit Our website.

22. Cookies are used to allow Us to see which pages and what information is of most interest to visitors to Our website, which enables Us to improve Our offerings to Our customers.

23. Your computer’s web browser may allow you to configure your computer to refuse to accept cookies. You can also delete cookies from your computer’s hard drive at any time. However, doing so may hinder your access to valuable areas of information on Our website.

24. We may also collect personal information about you:

a. from third parties;

b. from publicly available sources;

c. in the course of operating video surveillance equipment at any premises which We own, occupy or control; or

d. using other lawful and fair means.

25. However, We will not collect personal information about you other than from you, unless it is unreasonable or impracticable for Us to collect the information from you.

26. We hold personal information in Our computer database and hard copy files.

27. Where We collect personal information about you, We will take such steps as are reasonable in the circumstances to protect the information from misuse, interference and loss, and from unauthorised access, modification or disclosure.

28. We use a variety of physical and electronic security measures including limiting and monitoring physical access to Our offices, computer firewalls and secure electronic databases.

29. You should be mindful, however, in respect of personal information provided to Us through Our website, that the transmission of data over the internet cannot be secured with complete certainty.

The purposes for which We collect, hold, use and disclose personal information

30. We collect, hold, use and disclose personal information about you so that We can:

a. contact you;

b. communicate with you;

c. perform administrative functions;

d. provide services to you in a proper, safe and efficient manner;

e. consider whether to employ or engage you (where applicable);

f. consider whether to enter into a commercial relationship with you (where applicable);

g. conduct research and statistical analysis of Our business;

h. preserve or enforce Our rights or interests; and

i. satisfy Our legal obligations.

31. To the extent permissible by law, We may from time to time use or disclose your personal information for other purposes.

32. We may disclose your personal information to:

a. Our related bodies corporate;

b. Our officers, employees and representatives;

c. Our external service providers;

d. government and regulatory authorities (where required or authorised by law); and

e. any person considering acquiring, or acquiring an interest in, Our business.

33. We will only use your credit card details to process a particular payment for goods or services at the time those details are required.

34. Unless you expressly authorise Us to do so, We will not share your credit card details with anyone else, including Our related bodies corporate.

35. To the extent permissible by law, We may also use or disclose your personal information in order to inform you of products and services that We believe may be of interest and value to you. We refer to this process as direct marketing. You should expect Us to use or disclose your personal information for the purpose of direct marketing. For example, We may add your email address to Our mailing list, and send you details of upcoming events and/or promotions.

36. If We use or disclose your personal information for direct marketing, We will provide you with a simple means by which you may easily request not to receive direct marketing communications from us. If you make such a request, We will cease to use your personal information for the purposes of direct marketing.

37. To the extent permissible by law, We may also disclose your personal information to other persons, including Our related bodies corporate, for the purpose of facilitating direct marketing by those other persons. You should expect Us to disclose your personal information for the purpose of facilitating direct marketing by others.

38. If you do not want Us to disclose your personal information to other persons for the purpose of facilitating direct marketing by those other persons, you may ask Us not to do so, in which case We will give effect to your request within a reasonable period, at no charge to you.

39. If you do not wish to receive direct marketing communications from us, or you do not want Us to disclose your personal information to other persons for the purpose of facilitating direct marketing by those other persons, please email james.aulin@kenericgroup.com.au.

How you may access personal information about you that We hold, and correct that information

40. We will take such steps as are reasonable in the circumstances to ensure that any personal information that We collect about you is accurate, up-to-date and complete.

41. If We hold personal information about you, you may from time to time ask Us to correct that information. We will, to the extent required by law, take such steps as are reasonable in the circumstances to correct that information.

42. Where We hold personal information about you, you may ask Us to give you access to that information. We will respond to your request within a reasonable period of time. We will give you access to the information in the manner requested, if it is reasonable and practicable to do so, unless a legal exemption applies. If a legal exemption applies, We will give you a written notice that sets out the reasons for the refusal.

43. To the extent permissible by law, We may charge you a fee for giving you access to your personal information. We will disclose the amount of the fee to you before giving you access, and We reserve the right to refuse access until you have paid Our account in full.

How you may complain about a breach of your privacy, and how We will deal with such a complaint

44. If you believe that We have breached the Australian Privacy Principles, or you disagree with a decision that We have made, you may lodge a written complaint with us.

45. To enable Us to understand and deal with you complaint in a timely fashion, please set out a brief description of your complaint and the action or remedy that you are seeking from us.

46. Please address your complaint to:

Mr James Aulin
Privacy Officer
Keneric Group
PO Box 2106
WANGARA WA 6065

47. We will investigate and respond to your complaint within 30 days.

Whether We are likely to disclose personal information to overseas recipients

48. Our directors and officers have various business interests, including business interests in countries other than Australia, e.g. the United States of America. To the extent permissible by law, We may from time to time disclose your personal information to a person who is not in Australia. Those places may include the United States of America, Canada, New Zealand, China, Singapore and Malaysia.

49. When disclosing personal information to foreign jurisdictions, We take reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to the information.

Unsolicited personal information

50. Where We receive unsolicited personal information about you, We will consider if We could have collected the information if We had solicited the information from you.

51. Where We determine that We could have collected the personal information from you, We will treat your personal information in the same manner as if We had solicited the information directly from you.

52. Where We determine that We could not have collected the personal information from you, We will destroy the information or ensure that the information is de-identified as soon as practicable.

SCHEDULE

Keneric Racing Pty Ltd (ACN 153 753 578)
in its own right and in its capacity as trustee for the Keneric Racing Trust

Keneric Nominees Pty Ltd (ACN 060 548 736)
in its own right and in its capacity as trustee for the B & C Gavranich Family Trust

Keneric Enterprises Pty Ltd (ACN 150 364 588)
in its own right and in its capacity as trustee for the Keneric Enterprise Park Trust

Keneric Equipment Pty Ltd (ACN 157 932 548)
in its own right and in its capacity as trustee for the Keneric Equipment Trust

Keneric Equipment Rentals Pty Ltd (ACN 140 475 841)
in its own right and in its capacity as trustee for the Keneric Industries Trust

Keneric Equipment Rentals Pty Ltd (ACN 140 475 841)
in its own right and in its capacity as trustee for the Keneric Industries Trust No 2

Keneric Global One Pty Ltd (ACN 159 746 200)
in its own right and in its capacity as trustee for the Keneric Global Trust No 1

Keneric Global Two Pty Ltd (ACN 166 789 297)
in its own right and in its capacity as trustee for the Keneric Global Trust No 2

Keneric Land Developments Pty Ltd (ACN 146 476 995)
in its own right and in its capacity as trustee for the Keneric Land Development Trust

Keneric Land Holdings Pty Ltd (ACN 150 373 238)
in its own right and in its capacity as trustee for the Keneric Development Trust No 2

Keneric Medical Supplies Pty Ltd (ACN 154 116 015)
in its own right and in its capacity as trustee for the KMS Unit Trust

Keneric No 5 Pty Ltd Pty Ltd (ACN 144 814 755)

Keneric Project Management Pty Ltd (ACN 159 407 137)

Keneric Property Holdings Pty Ltd (ACN 135 035 791)
in its own right and in its capacity as trustee for the Keneric Property Trust

Keneric Property Investments Pty Ltd (ACN 138 868 747)
in its own right and in its capacity as trustee for the Keneric Investment Trust

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