PRIVACY POLICY

Simcoa's Privacy Policy

1. Overview

Simcoa Operations Pty Ltd (the Company) and its related group companies including Silicon Metal Company of Australia Pty Ltd, Microsilica Pty Ltd and Simcoa Mines Pty Ltd (the Simcoa Group) believe privacy is an important right of individuals. The Company is committed to protecting personal information by complying with relevant laws, and takes steps to protect your personal information from misuse and to use your information only in the ways described in this privacy policy and in accordance with the Privacy Act 1988 (Cth) (Privacy Act).

This privacy policy does not apply to personal information collected, or otherwise obtained, by Simcoa in relation to current and former employees and which relates directly to the employment relationship that exists, or existed, between Simcoa and its current and former employees.

Terms used in this privacy policy have the same meaning as those in the Privacy Act.

2. Open and Transparent Management

We make our privacy policy available on our website located at https://www.simcoa.com.au/privacy-policy and we can also provide a hard copy version upon request. If you would like more information or a hard copy of this privacy policy, please contact us by:

Phone: + 61 8 9780 6744;

E-mail: info@simcoa.com.au; or

Post: PO Box 1389, BUNBURY WA 6231

3. Personal Information

Personal information means information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. The personal information which we collect, store, use and disclose may include:

your name;
your contact details;
your banking details and/or credit card details;
your current occupation; and
any other person information provided by you during the course of your interactions or correspondence with the Company.

4. Anonymity and Pseudonymity

In most circumstances, it is impractical for people to communicate with us anonymously. We need to identify you to assist you effectively. However, in circumstances where it is lawful and practicable to do so, we will provide you with the option of not identifying yourself, or using a pseudonym, when entering into communications with us.

5. Collection of Solicited Personal Information

We only collect personal information by lawful and fair means where reasonably necessary for our functions or activities as silicon and related by-products (such as but not limited to silica fume, dross, quartz and quartz aggregates, wood, sawdust and mulch, and char-fines and related charcoal products) manufacturing company.

When asking you to provide personal information, the Company will inform you of the purpose of gathering such information, the nature of the third parties to whom the Company will provide that information, and the Company’s contact point.

We collect personal information which:

you provide to us in the course of ordering or purchasing products from us, including when submitting a Customer Credit Application form;
you provide to us in the course of updating or changing your details;
is contained in documents or correspondence you provide to us;
you provide to us in person, by phone, by post, via our website or via other forms of electronic communication; or
is provided to us by third parties who have disclosed that information to us (and only if it would be unreasonable or impracticable to collect the information directly from you).

6. Collection of Unsolicited Personal Information

From time to time, we may receive unsolicited personal information about you. Unsolicited personal information is information we may receive from you which is not in response to a request by us for that information.

Where we receive unsolicited personal information about you (either directly from you or from a third party), we will consider, within a reasonable period, whether we could have collected that personal information from you had the personal information been solicited.

Where we determine that we could have collected the unsolicited personal information had it been solicited, we will store, use and disclose that personal information in the manner set out in this privacy policy.

Where we determine that we could not have collected the unsolicited personal information had it been solicited, we will destroy or de-identify that unsolicited personal information as soon as practicable, provided it is lawful and reasonable to do so.

7. Use or Disclosure of Personal Information

We may collect, store (in hard copy or electronic form), use or disclose and otherwise process your personal information for the primary purpose of conducting and supporting our functions or activities as a silicon and related by-products (such as but not limited to silica fume, dross, quartz and quartz aggregates, wood, sawdust and mulch, and char-fines and related charcoal products) manufacturing company. Without limiting the foregoing, we may collect, store, use or disclose your personal information:

to provide you with products and services under any contract between you and the Company;
to contact you should we need to;
to assess any application for customer credit;
to address any enquiries, complaints or feedback from you;
to fulfil our responsibilities based on contracts between the Simcoa Group and other parties;
to develop better products and services;
to provide you with useful information and various event information; and
to do anything the Company is required or authorised to do by law.

Without legitimate grounds for doing so, the Company does not provide personal information you provide to us to third parties other than to:

related group companies;
third parties where you have given your consent (express or implied);
the Company's insurance company and other contractors that Simcoa engages to assist it in providing credit services;
our professional advisors, contractors or other service providers whom the Company may engage from time to time to carry out, advise or assist with the carrying out of the functions or activities of the Company; and
government agencies or other similar entities as required or permitted by law.

When providing third parties with your personal information you provided to us, we endeavour to ensure that those third parties handle your personal information in accordance with the Privacy Act and this privacy policy.

The Company will not use your personal information for a secondary purpose unless:

you consent to the use or disclosure or you would reasonably expect us to use it for a secondary purpose which is related to the primary purpose;
the use or disclosure is required or authorised by law; or
the use or disclosure is otherwise permitted by the Privacy Act (for example, as a necessary part of an investigation of suspected unlawful activity).

8. Cross-border Disclosure of Personal Information

We are based in Australia, so your personal information will be processed in Australia. However, we may send your personal information to organisations or persons located overseas. For example, our ultimate parent company, Shin-Etsu Chemical Co., Ltd. is based in Japan, so we may send your information to Japan.

Further, indirect overseas disclosure of your personal information to third parties overseas may occur as we may use various third party service and shipping and storage entities located overseas.

If we disclose personal information to a third party in a country which does not have equivalent privacy laws to Australia, we will take reasonable steps in the circumstances to ensure that the overseas recipient does not breach the Privacy Act. In particular, we will not send your personal information overseas unless either:

we reasonably believe that the recipient of the information is subject to a law or binding scheme that has the effect of protecting information in a way that, overall, is at least substantially similar to the way in which the Privacy Act protects personal information and there are mechanisms that you can access to take action to enforce that protection of the law or binding scheme; or
you have consented to the transfer.

9. Security of Personal Information

The Company is committed to preventing the risks of hacking, loss, falsification, divulgence, or other misuse or unauthorised access of personal information stored in its computer system by taking reasonable steps and technical measures.

The Company also takes reasonable steps to destroy or permanently de-identify personal information which is no longer needed for the purposes described in this privacy policy.

10. Access to Personal Information

Subject to any exceptions in the Privacy Act, if you have provided us with personal information, you have a right to request access to it. If you are of the belief that the Company holds personal information relating to you and you wish to obtain access to this information, please contact us on the details provided above. We may ask you to provide proof of your identity if you request access to or correction of your personal information.

In the event that a request for access is made, we will review our records to determine what personal information relating to you we hold and endeavour to respond to your request within a reasonable period after the request is made, but in any event, within 30 days.

Once we have notified you of the nature of the personal information relating to you which we hold, we will give you access to your personal information in the manner requested by you, if it is reasonable and practicable to do so.

We do not levy a charge in respect of the making of a request for access to personal information held by us. However, we may charge you for the reasonable costs incurred by us in providing you with access to the personal information held by us.

The Privacy Act provides instances where a holder of personal information may refuse to provide an individual with access to their personal information. If we refuse to give you access to your personal information, we will give you a written notice that sets out our reasons for the refusal and the mechanisms available to complain about our refusal.

11. Correction of Personal Information

The Company takes reasonable steps to keep your personal information as accurate, complete and up-to-date as possible. We make an effort to ensure this data is of high quality, but this relies on the accuracy and frequency of data provided by you.

You can assist us by notifying us if your circumstances change, such as if your name changes.

If we hold personal information about you and you request that we correct the information, we will take reasonable steps to rectify the situation free of charge if we are satisfied that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading. If we refuse to correct your personal information, we will give you a written notice setting out our reasons for the refusal and the mechanisms available to complain about the refusal.

12. Complaints, Questions or Further Information

If you wish to make a complaint about a breach of your privacy by the Company, you may contact us using the contact details provided above. All complaints will be investigated by an appropriately qualified representative of the Company. We will endeavour to resolve your complaint as quickly as possible and, in any event, within 30 days. We will notify you of the outcome of the investigation, including how we propose to resolve your complaint and what, if any, corrective measures we will implement.

If you are not satisfied with our handling of your complaint, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC). For more information about doing so, visit https://www.oaic.gov.au/privacy/privacy-complaints/.

13. Changes to Privacy Policy

The Company is committed to complying with Australian laws and regulations related to the protection of your personal information, as well as other rules, to continuing to review details of this policy, and to improving it.

The Company reserves the right to amend this privacy policy from time to time. If we do so, the amended privacy policy will be posted as soon as practicable following that amendment on our webpage https://www.simcoa.com.au/privacy-policy.