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Privacy and Credit Check Consent
Please read the privacy consent agreement below:
Hanes Australasia Limited ACN 106 773 059 and its Australian subsidiaries (collectively Hanes Australasia) are committed to respecting the privacy of your personal information. This Policy sets out our personal information management practices.
Throughout this Policy, we refer to your 'personal information' which means information which identifies you as an individual or from which you are reasonably identifiable.
References to 'us', 'we' and 'our' are references to Hanes Australasia Limited and its related companies and references to 'you' or 'your' are references to you the individual whose personal information we handle. This Policy is primarily concerned with our customers. Our current and former staff should contact our human resources team for further information about their privacy. Our limited handling of personal information related to consumer credit-worthiness (e.g. for sole traders or guarantors in relation to trading accounts with us) is set out in our Credit Reporting Policy which is also available via www.hanesaustralasia.com.
Personal information collected
The type of personal information we collect is dependent on the type of service or interaction you have with us. Personal information we may collect includes your name, address, phone and other contact details (fax, email, social media handles and other electronic addresses etc), date of birth, payment details, identification information, financial information and dealings, audio/video surveillance records from our premises and details of your interactions with us (including records of email, telephone and online interactions). Sometimes we will also collect other personal information, such as where you shop or what your interests are, so that we can improve our service and product offering to you. If you apply for a position with us, we may also collect information about your qualifications, skills, experience, character and screening checks (including health, reference, background, directorship, financial probity, identity, eligibility to work, vocational suitability and criminal record checks).
Generally, we try to collect personal information directly from you, for example when you subscribe to our emails, join a mailing list, enter a competition, submit an enquiry, or provide feedback to us. There are also certain situations in which we may collect personal information about you from someone else. For example we may collect information from third parties including public sources, our related companies, your organisation, your representatives and information service providers.
Use and disclosure of personal information
We collect, use and disclose personal information for a number of reasons, including to: deliver, administer and improve the products and services that we offer you, complete other transactions with you or on your behalf, protect against fraud or theft, conduct market research, work with our related companies and service providers, maintain and update our records, manage our recruitment process, protect and uphold the rights, property and safety of us, our customers and others, facilitate acquisitions and potential acquisitions of our business and assets and provide offers and promotions that we consider may be of interest or benefit to you.
For example, we may provide personal information about you to other Hanes Australasia Limited subsidiaries and related companies and our service providers who assist us in providing our goods and services. These may include companies that assist Hanes Australasia Limited with data processing and analysis, research, mail, promotional, customer contact, technology, banking, payment, debt collection or maintenance services. We will only disclose your personal information to those third party service providers on a confidential basis so that the service provider can effectively provide those services.
We may otherwise use or disclose your personal information where required or authorised by law, which may include emergency situations and assisting law enforcement agencies. Third parties to whom we disclose personal information may be located in Australia, United States of America, United Kingdom, Hong Kong, Philippines and other countries.
Accessing and updating your personal information
If you need to access or correct any personal information we hold about you, please contact us using the 'Contact Details' set out below. We request that you provide us with as much detail as you can about the particular information you seek, in order to help us retrieve it. An access fee may be charged to cover our costs of providing that information to you. In certain circumstances, we may not be required by law to provide you with access or to correct your personal information. If that is the case, we will give you our reasons for that decision. Where we decide not to update your personal information, you can request us to attach to the personal information a statement of the update sought.
We take reasonable steps to make sure that the personal information we collect, use and disclose is accurate, complete and up-to-date.
Security of personal information
We take reasonable steps to protect the personal information we hold from misuse, interference and loss and from unauthorised access, modification or disclosure. This protection applies in relation to information stored in both electronic and hard copy form. We hold personal information both at our own premises and with the assistance of our service providers.
Contact details
If you have any questions or feedback about privacy, or wish to make a complaint about the way in which we have handled your personal information, please contact our Privacy Officer at privacyofficeraustralasia@hanes.com or call (+61 3) 8862 1400. We take your privacy concerns seriously. Where you express any concerns that we have interfered with your privacy, we will respond to let you know who will be handling your matter and when you can expect a further response. For information about privacy generally, or if your concerns are not resolved to your satisfaction, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.
Date of Publication: 27 November 2017
Hanes Credit Reporting Policy
Hanes Australasia Ltd ACN 106 773 059 and its Australian subsidiaries (Hanes Australasia) is committed to respecting the privacy of your personal information.
This policy applies in addition to our Privacy Policy and sets out our personal information management practices relating to personal information obtained from credit reporting bodies and certain other consumer credit-related personal information described below ('credit-related personal information'). Hanes Australasia primarily handles credit-related personal information in the context of commercial credit rather than consumer credit arrangements although in some cases information about consumer credit worthiness may be handled where Hanes Australasia provides trade credit to sole traders, or if individuals provide personal or director guarantees.
References to 'us', 'we' and 'our' are references to Hanes Australasia and references to 'you' or 'your' are references to you the individual whose personal information we handle.
Information collected
We may collect, hold and disclose any types of credit-related personal information about you permitted under the Privacy Act 1988, including:
- your name, sex, date of birth, driver's licence number, employer and three most recent addresses;
- the fact that you have applied for credit and the amount and type of credit and credit limit;
- confirmation of previous information requests about you to credit reporting bodies (CRBs) made by other credit providers and credit insurers;
- details of your credit providers;
- start and end dates of credit arrangements;
- certain terms and conditions of credit arrangements;
- permitted payment default information, including information about related payment arrangements and subsequent repayment;
- information about serious credit infringements (e.g. fraud);
- information about adverse court judgments; publicly available information about the your credit worthiness;
- certain insolvency information from the National Personal Insolvency Index; and
- any credit score or credit risk assessment indicating a CRB' s or credit provider's analysis of your eligibility for consumer credit.
Where we collect credit-related personal information about you from a CRB, we may use that information to produce our own assessments and ratings in respect of your credit worthiness. The credit-related personal information may include information about your arrangements with other credit providers as well as with us. We collect credit-related personal information from you and from our records of your account activity and interactions with us (including email, telephone and online interactions). There are also certain situations in which we may collect this information about you from someone else. For example we may collect information from third parties including CRBs, other credit providers, public sources, our related companies, your organisation, your representatives and information service providers.
Use and disclosure of information
We may exchange credit-related personal information with CRBs to, assist those bodies to maintain information about you to provide to credit providers and other permitted parties for credit assessments. For example, we may report to a CRB where a debtor or guarantor defaults on their obligations in certain circumstances. We may use and disclose credit-related personal information collected from CRBs including to:
- assess a credit application made by you or an application to be a guarantor;
- manage credit;
- collect overdue payments;
- assign debts; and
- create assessments and ratings of your credit worthiness.
- participate in the credit reporting system
- deal with complaints or regulatory matters relating to credit or credit reporting
- when required or authorised or permitted by law.
We may exchange your credit-related personal information with debt collection agencies, other credit providers, credit insurers, debt buyers, your guarantors and persons authorised by you. We may also collect, use and disclose credit-related personal information for the purposes and to the parties described in our Privacy Policy, where permitted by law. Third parties to whom we disclose credit-related personal information may be located in Australia and other countries.
Credit reporting bodies
We use Equifax as our CRB. Contact details below:
- Address PO Box 964 North Sydney 2059
- Website www.mycreditfile.com.au
- Phone 13 8332
- Support https://www.mycreditfile.com.au/support#contacts
You have the right to request CRBs not to:
- use your credit-related personal information to determine your eligibility to receive direct marketing from credit providers; and
- use or disclose your credit-related personal information, if you believe on reasonable grounds that you have been or are likely to be a victim of fraud.
Accessing and updating your personal information
If you need to access or correct any credit-related personal information we hold about you, please contact us using the 'Contact Details' set out below. We request that you provide us with as much detail as you can about the particular information you seek, in order to help us retrieve it. An access fee may be charged to cover our costs of providing that information to you. In certain circumstances, we may not be required by law to provide you with access or to correct your credit-related personal information. If that is the case, we will give you our reasons for that decision. Where we decide not to update your credit-related personal information, you can request us to attach to the personal information a statement of the update sought. We take reasonable steps to make sure that the personal information we collect, use and disclose is accurate, complete and up-to-date.
Security of personal information
We take reasonable steps to protect the credit-related personal information we hold from misuse, interference and loss and from unauthorised access, modification or disclosure. This protection applies in relation to information stored in both electronic and hard copy form. We hold this information both at our own premises and with the assistance of our service providers.
Contact details
If you have any questions or feedback about privacy, or wish to make a complaint about the way in which we have handled your credit-related personal information, please contact our Privacy Officer at privacyofficeraustralasia@hanes.com or call (+61 3) 8862 1400. We take your privacy concerns seriously. Where you express any concerns that we have interfered with your privacy, we will respond to let you know who will be handling your matter and when you can expect a further response.
If your complaint is in relation to a credit reporting issue we will acknowledge your complaint in writing as soon as practicable within 7 days. We'll aim to investigate and resolve your complaint within 30 days of receiving it. If we need more time, we will notify you about the reasons for the delay and indicate a new estimate time frame. We may need to consult with a credit reporting body or another credit provider to investigate your complaint.
While we hope that we will be able to resolve any complaints you may have without needing to involve third parties, you may also be able to lodge a complaint with a relevant regulator such as the Australian Information Commissioner.
Date of Publication: 27 November 2017
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1. The Guarantors jointly and severally guarantee to Hanes Australia Pty Limited and its related bodies corporate (including without limitation Hanes Innerwear Australia Pty Limited and Sheridan Australia Pty Limited) the punctual payment of the monetary liabilities of the Customer (on any account and in any capacity whatsoever and including liabilities in respect of the Supplies) which are now owing, or may from time to time be owing by the Customer to Hanes Australia Pty Limited or its related bodies corporate ("the Debt"). The Guarantors acknowledge and agree that the Debt includes any legal and other costs and expenses incurred by Hanes Australia Pty Limited or its related bodies corporate in seeking payment from the Customer or in enforcing this Guarantee and Indemnity against the Guarantors.
2. The Guarantors jointly and severally undertake, if the Customer fails to pay any part of the Debt when the same is due and payable, to pay the full amount of the Debt on demand by Hanes Australia Pty Limited or a related body corporate and to keep Hanes Australia Pty Limited and its related bodies corporate indemnified against any loss in relation to the Debt and by way of further security hereby charges in favour of Hanes Australia Pty Limited with payment of the Debt all of our estate and interest in any land in which we now or might subsequently acquire a legal or beneficial interest and agree, upon request, to execute a registerable instrument charging such estate or interest in favour of Hanes Australia Pty Limited.
3. The obligations of the Guarantors under this Guarantee and Indemnity are principal obligations and are not affected by: (a) any variation which may be agreed by Hanes Australia or its related body corporate(s) and the Customer in respect of the terms on which the Supplies are supplied and paid for; (b) any waiver, extension of time or indulgence given by Hanes Australia Pty Limited or its related bodies corporate to the Customer or the Guarantor; (c) any right or claim which the Customer may assert to resist making payment of any part of the Debt; (d) any increase in the amount of the Debt; (e) any failure or omission by Hanes Australia Pty Limited or its related bodies corporate to give notice to the Guarantors of any default by the Customer; or (f) any act, omission, matter or other thing whatsoever.
4. This Guarantee and Indemnity is a continuing obligation of each Guarantor for the amount of the Debt which may be owing from time to time and, binds the successors and assigns of the Guarantors and will not be affected by: (a) the death, incapacity, bankruptcy, of a Guarantor or the Customer; or (b) a Guarantor or the Customer which is a body corporate becoming an externally administered body corporate pursuant to the Corporations Act 2001.
5. If the obligation of any Guarantor in respect of any part of the Debt is unenforceable, the Guarantor's obligations in respect of the balance of the Debt will not be affected by such unenforceability.
6. If any payment or other transaction relating to or affecting the Debt is:
(a) void, voidable or unenforceable in part or in whole; or
(b) is claimed to be void, voidable or unenforceable and that claim is upheld, conceded or compromised in whole or in part; the liability of each of the Guarantors is the same as if:
(c) that payment or transaction (or the void, voidable or unenforceable part of it); and
(d) any release, settlement or discharge made in reliance on anything referred to in paragraph (b) above; has not been made and the Guarantors must immediately take all action and sign all documents necessary or required by Hanes Australia Pty Limited or its related body corporate to pay to or restore to Hanes Australia Pty Limited or its related body corporate (as the case may be) the Debt in full.
7. If all or any of the Debt is:
(a) not recoverable from the Customer; or (b) not recoverable from a Guarantor under this Guarantee and Indemnity; each of the Guarantors, as a separate and principal obligation, indemnifies Hanes Australia Pty Limited and its related bodies corporate against any loss, liability, expense or outgoing suffered, paid or incurred by Hanes Australia Pty Limited or its related bodies corporate in relation to such amounts and must pay Hanes Australia Pty Limited or its related bodies corporate an amount equal to such amounts.
8. This Guarantee and Indemnity binds each of the signatories below as Guarantors notwithstanding that one or more of the persons named below may never execute this document.
9. For the avoidance of doubt it is expressly acknowledged by the Guarantors that the Guarantors' obligations extend to and may include debts and other obligations of the Customer which have arisen before or after the date of this Guarantee.
10.1 The Guarantors consent and agree that Hanes Australia Pty Limited and its related bodies corporate may, to the extent permitted by law:
(a) use and exchange personal information and information related to your personal and commercial credit worthiness with credit reporting bodies ("CRBs") and other credit providers for the purpose of assessing the Guarantors' application and any related application for commercial credit by the Customer (including any review by Hanes Australia Pty Limited or its related bodies corporate of the Customer's credit facilities or this Guarantee), managing credit facilities and creating assessments and ratings of each Guarantor's credit worthiness;
(b) exchange personal information and information related to each Guarantor's personal and commercial credit worthiness with any other credit providers from time to time for the purpose of reviewing, assessing and commenting on those Guarantor's personal or commercial credit worthiness, including credit/default status;
(c) exchange with any credit providers or any CRBs, any prospective Guarantor and any person or body agreeing or considering whether to agree to be liable in relation to the Debt, any information maintained or in our possession relating to the Guarantor's application and credit worthiness;
(d) collect, use and disclose any personal information about the Guarantors to administer this Guarantee and Indemnity and verify, maintain and update our records; and
e) provide personal information about each Guarantor to other Hanes Australia Pty Limited related bodies corporate and our service providers who assist us in providing our goods and services.
10.2 The Guarantors acknowledge that the consents referred to in paragraphs 10.1(a) to (e) above will to the extent permitted by law continue after all credit facilities cease to be made available to the Customer by us.
10.3 Hanes Australasia privacy policy and credit reporting policy outlining how Hanes Australasia manages personal information may be obtained from www.hanesaustralasia.com or: The Privacy Officer c/- Hanes Australasia Limited 1/115 Cotham Road, Kew VIC 3101 Telephone (03) 8862 1400 Email privacyofficeraustralasia@hanes.com.
The privacy policy and credit reporting policy include further details regarding the personal information collected, how it is collected, what is done with it, who it is shared with (including the types of service providers used), where it is sent (including other countries), the credit reporting bodies (CRBs) used and individuals' information access, correction, complaint, opt-out and other privacy rights regarding Hanes Australia Pty Limited and its related bodies corporate and CRBs. The Guarantors agree that they have obtained and reviewed these policies.
11. Each of the Guarantors acknowledges having read the terms of this Guarantee and Indemnity and having been:
(a) advised to; and
(b) given the opportunity to;
seek independent legal advice prior to execution.
12. The laws of the State of Victoria govern the interpretation of this Guarantee. Each Guarantor agree with the Guarantor to submit to the non-exclusive jurisdiction of the Courts of Victoria and the Federal Court of Australia and agree that any legal proceedings may be heard in those courts.
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