Privacy and Security
Privacy & Security
Landmark Operations Limited (ABN 73 008 743 217)
1. Landmark's privacy compliance
This policy is about the way in which Landmark Operations Limited ABN 73 008 743 217 (Landmark) handles personal information. In providing its products and services Landmark may require your personal information including your credit related personal information.
Landmark is committed to protecting the privacy of an individual's personal information and complies with the Privacy Act 1988 (Cth) (Privacy Act) and the 13 Australian Privacy Principles (APPs) in the Privacy Act. To the extent Landmark handles your credit related personal information, Landmark also complies with the credit reporting provisions within the Privacy Act and the Privacy (Credit Reporting) Code 2014 as registered by the Australian Information Commissioner.
2. What is in this policy?
- What kinds of personal information does Landmark collect?
- How does Landmark collect your personal information?
- Why does Landmark need your personal information?
- To whom does Landmark disclose your personal information?
- Security of your personal information
- Can you access and correct the personal information that Landmark holds about you?
- Overseas disclosure
- Direct marketing
- How to contact Landmark
- Privacy complaints
- Website information
3. What kinds of personal information does Landmark collect?
Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the conduct of its business, Landmark may collect your personal information, whether you are or are associated with a customer, prospective customer, guarantor or prospective guarantor, contractor, supplier, introducer, agent, service provider or job applicant. Landmark also collects personal information about employees for the purposes of their employment with Landmark, however the handling of this information is not governed by the Privacy Act and therefore this policy does not apply to the personal information of employees.
Generally, the kinds of personal information Landmark collects are:
- contact and identification information such as your name and previous names, address and previous addresses, telephone number, email address, date of birth, gender, driver’s licence number and passport number;
- agricultural and farming information to the extent it is personal information, including personal information related to the current and former value of your livestock, plants and crops, water licenses and entitlements, real property owned by you or any leases over real property, livestock and/or wool budgets and NLIS 3rd Party Authorisation;
- financial information about your assets and liabilities, credit card details, occupation and income, current and previous employment, banking details, account balances, account activities, expenditures, payment history, transactions with Landmark or third parties, and insurance history;
- family information about marital status and the number of dependents, if any;
- information about your membership of an association (for example, a farmers' federation);
- credit information, being credit related personal information lawfully created and accessible within the Australian credit reporting system including:
- identification information;
- consumer credit liability information which includes information about credit providers and credit accounts, including the dates on when the accounts are opened and closed, their limits and their terms and conditions (or any changes to their terms and conditions);
- whether you have or have not met any monthly repayment obligations;
- whether you have defaulted on a payment (i.e. a payment that is at least 60 days overdue and over $150 in value) provided Landmark has notified you in accordance with the Privacy Act;
- whether you have paid any amount previously reported as being in default;
- that another credit provider has sought credit-related personal information about you from a credit reporting body;
- information about the types of consumer or commercial credit, and the amounts of credit, you have sought from a credit provider;
- information about court proceedings related to credit provided to you or for which you have applied;
- personal insolvency information and other publicly available information relating to your credit worthiness;
- a credit provider’s reasonable belief that you have committed a serious credit infringement;
- any other information lawfully obtainable within the Australian credit reporting system;
- credit eligibility information which is credit-related information about you that Landmark obtains from credit reporting bodies or credit providers, together with information Landmark derives from such information based on its own analysis including internally generated scores, ratings and other assessments used to evaluate your credit worthiness. Landmark generally receives from credit reporting bodies the credit related personal information set out above which usually includes information about existing credit accounts, previous defaults, directorships, date of birth and current court proceedings against you; and
- sensitive information including criminal record information
In some circumstances Landmark may also hold other personal information provided by you.
4. How does Landmark collect your personal information?
Generally, Landmark collects your personal information, including your credit related personal information, directly from you through:
- the completion of a manual or online form, including a credit application form, credit renewal application form, registration form (such as a grower registration form, contact form, quotation form or trading account form);
- through exchanges you have with Landmark including via face to face meetings, email, telephone, fax or post;
- attendance at events Landmark may organise, such as auctions, field days and conferences; and
- use of Landmark’s website, or websites of Landmark’s related bodies corporate. Please refer to paragraph 14 of this policy for further information about how Landmark handles personal information collected through its websites.
There may be occasions when Landmark collects your personal information, including your credit related personal information, from other sources such as from:
- credit reporting bodies;
- another credit provider;
- an agricultural technology service provider, for whom Landmark may act as an agent for the purpose of collecting technology fees on its behalf;
- an information services provider;
- a publicly maintained record;
- remotely piloted aircrafts (e.g. drones) or other similar technology; or
- Landmark's own records and information that it holds about you.
Generally, Landmark will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you directly or where such information is being collected to enable Landmark to comply with any legislative or regulatory requirements.
5. Why does Landmark need your personal information?
Landmark collects, holds, uses and discloses your personal information, including your credit related personal information, where it is reasonably necessary for the purposes of operating Landmark's agribusiness enterprise including:
- purchasing and selling of wool, livestock, cotton, crops and real estate;
- distributing agricultural chemicals, fertilisers, seeds, herbicides and other crop inputs;
- providing and administering merchandising, transport, animal husbandry and plant auditing services;
- calculating and/or paying end point royalties;
- providing and administering research and development assistance and agronomy;
- risk analysis;
- providing and administering insurance and financial services;
- wool consignments and wool classer’s specifications;
- processing an application made by you;
- identification purposes;
- evaluating and monitoring your credit worthiness;
- servicing a credit account you hold with Landmark;
- responding to queries by you and maintaining a relationship with you;
- facilitating and processing payments to and from you or otherwise in connection with you, including contacting you (which may be by telephone, post, email or SMS or other means) to assist you in avoiding defaulting on a payment;
- accounting, billing, record keeping, staff training and other internal administrative purposes;
- identification, prevention and investigation of, and/or co-operation with relevant law enforcement bodies in relation to, any criminal or fraudulent activity relating to you;
- developing, establishing and administering business partnerships and other arrangements with other entities in relation to the promotion, administration and use of Landmark’s products and services;
- identifying and informing you of products and services that may be of interest to you from Landmark or selected third parties; and
- any other legal or regulatory requirements.
Landmark may also use your personal information for purposes related to the above purposes and for which you would reasonably expect Landmark to do so in the circumstances, or where you have otherwise consented or it is otherwise in accordance with the Privacy Act.
Where personal information is used or disclosed, Landmark takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is used or disclosed.
You are under no obligation to provide your personal information to Landmark. However, without certain information from you, Landmark may not be able to provide its products or services to you.
6. To whom does Landmark disclose your personal information?
Landmark may disclose your personal information for the purposes for which it collects it. That is, generally, Landmark will only disclose your personal information for a purpose, or purposes, set out in paragraph 5. This may include disclosing your personal information to:
- related bodies corporate of Landmark including its parent company Nutrien Inc, located in Canada, and its affiliated entities located in the USA;
- bulk handling companies;
- grower associations;
- seed breeders or licensees of rights and their professional service providers;
- service providers and professional advisors to Landmark;
- financial institutions;
- credit providers;
- credit reporting bodies. In particular, Landmark may disclose to credit reporting bodies:
- identification details;
- that you have applied for credit with Landmark;
- that Landmark is a current credit provider to you;
- whether you have met, or failed to meet, your repayment obligations to Landmark;
- details of you defaulting on a repayment (i.e. a repayment that is at least 60 days overdue and over $150 in value) provided Landmark has notified you in accordance with law;
- you having paid any amount previously reported as being in default;
- Landmark’s belief, on reasonable grounds, that you have committed a serious credit infringement; and
- details of credit that Landmark has provided to you being paid or otherwise terminated;
- a guarantor or prospective guarantor of any credit provided to you by Landmark or that you apply for from Landmark;
- joint venture companies;
- debt collection or recovery service providers;
- nominated referees;
- other entities which may have an interest in Landmark, the benefits of any contracts entered into by Landmark, or any rights under an account or agreement that you have with Landmark;
- third party service providers including for the purposes of mailing and mail management, financial processing, information technology and data storage;
- your, or Landmark’s, professional advisors; and
- State and Federal Government Authorities including the State Revenue Office, Land Titles Office, Australian Tax Office and ASIC, in accordance with applicable legislation.
Such disclosures are always on a confidential basis or otherwise in accordance with law.
We require recipients of personal information to adhere to the APPs in relation to personal information collected for Landmark’s purposes.
Credit reporting bodies to whom Landmark discloses your credit information, may include your personal information including credit information, disclosed to it by Landmark, in reports that are then provided to other credit providers for the purpose of those providers assessing your credit worthiness.
The use and disclosure of your personal information may be further described in privacy notices contained in various documentation used to collect your personal information such as grower registration forms, trading account application forms or any other documentation or materials we may require you to complete from time to time in connection with the provision of Landmark’s products or services or to update our records.
7. Security of information
Landmark takes steps reasonable in the circumstances to ensure personal information, including credit related personal information, it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. In particular, personal information exchanged through Landmark’s website in connection with a transaction is transmitted using at least 128 Bit encryption and secure sockets layer (SSL) technology. This means that transactions can only be intercepted in their encrypted form. Despite Landmark’s own security mechanisms in place, Landmark recommends you regularly run anti-virus software on any computer through which you provide your personal information.
Landmark also takes steps reasonable in the circumstances to ensure that personal information is only used by its employees or disclosed to other organisations to the extent necessary for and relevant to, Landmark’s purposes. Landmark holds personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff, and follows procedural safeguards that meet the requirements of the APPs. Credit eligibility information, such as information Landmark receives from credit reporting bodies for the purpose of assessing credit worthiness, is also stored securely.
Landmark requires third parties handling personal information on Landmark’s behalf to follow equally compliant standards of security and confidentiality.
Landmark will de-identify or destroy personal information in circumstances where it is no longer required, unless Landmark is otherwise required or authorised by law to retain the information.
If you believe on reasonable grounds that you have been, or are likely to be a victim of fraud, you may request Landmark, and any credit reporting body to whom Landmark has disclosed your credit related personal information to, not to use or disclose your credit related personal information by contacting Landmark on the details set out below.
8. Can you access and correct the personal information that Landmark holds about you?
Landmark takes steps reasonable in the circumstances to ensure personal information, including your credit related 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 Landmark. If at any time you would like to access or correct the personal information that Landmark holds about you, or you would like more information on Landmark's approach to privacy, please contact Landmark via the contact details set out in paragraph 11 below. Landmark will grant access to your personal information to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct your personal information where necessary and appropriate. Where necessary to resolve a request for correction, Landmark may also consult with other relevant entities, including but not limited to credit reporting bodies and other credit providers. Landmark’s use or disclosure to other entities, of your credit related personal information for correction purposes is permitted by the Privacy Act.
To obtain access to your personal information:
- you will have to provide proof of identity to ensure that personal information is provided only to the correct individual and that the privacy of others is protected;
- Landmark requests that you be reasonably specific about the information you require; and
- Landmark may charge you a reasonable administration fee, which reflects the cost to Landmark for providing access in accordance with your request.
Landmark will endeavour to respond to your request to access or correct your personal information within 30 days from your request.
If Landmark refuses your request to access or correct your personal information, Landmark will provide you with written reasons for the refusal and details of complaint mechanisms. Landmark will also take steps reasonable in the circumstance to provide you with access in a manner that meets your needs and the needs of Landmark. If you are dissatisfied with Landmark’s refusal to grant access to, or correct your credit related personal information, you may make a complaint to the Office of the Australian Information Commissioner or the Credit Ombudsman Service.
9. Overseas disclosure
Landmark may disclose personal information, including credit related personal information, to overseas recipients in order to provide its products and/or services and for administrative, data storage or other business management purposes. In particular, Landmark may disclose personal information to entities located outside Australia, including entities located in Canada, USA, Philippines, India, New Zealand, Trinidad and Tobago and Brazil. Before disclosing any personal information, including credit related personal information, to an overseas recipient, Landmark 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.
10. Direct marketing
Landmark may use and disclose your personal information in order to inform you of products and services that may be of interest to you. You may subscribe to receive marketing communications via email by completing the Landmark Registration Form at www.landmark.com.au/register. In the event you do not wish to receive such communications, you can opt-out by contacting Landmark via the contact details set out in paragraph 11 or through any opt-out mechanism contained in a marketing communication to you. All email communications include an ‘unsubscribe’ link at the end of the message through which you can opt out.
11. How to contact Landmark
If you wish to obtain details of personal information we hold about you, make a complaint or otherwise enquire about Landmark’s handling of personal information, you may contact Landmark’s Privacy Officer at:
Landmark Operations Limited
Level 10, 737 Bourke Street
DOCKLANDS VIC 3008
Tel: 03 9209 2000
12. Privacy complaints
Please direct all privacy complaints to Landmark’s Privacy 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 or affect the commercial arrangements between you and Landmark.
Specifically, if your complaint relates to credit related personal information and/or Landmark’s failure to comply with its obligations regarding credit related personal information under the Privacy Act and/or the Privacy (Credit Reporting) Code 2014:
- Landmark will acknowledge your complaint within 7 days of receipt and endeavour to resolve it within 30 days, unless Landmark informs you otherwise and seeks your agreement in writing;
- Landmark may consult with relevant third parties in order to sufficiently and expeditiously resolve your complaint; and
- if your complaint relates to Landmark’s refusal to provide access to, or correct, your credit related personal information, you may complain directly to the Office of the Australian Information Commissioner or the Credit Ombudsman Service.
Landmark’s Privacy Officer will commence an investigation into any complaint made by you to Landmark. 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 Office of the Australian Information Commissioner, or if the complaint relates to your credit information, the Credit Ombudsman Service.
14. Website Information
In addition to the details set out above, Landmark may collect personal information through various websites administered by Landmark, including http://www.landmark.com.au.
When you visit any Landmark website, certain information provided by your browser may be logged by Landmark’s server, or collected on Landmark’s behalf by a third party, including:
- the type of browser and operating system you are using;
- the previous website that you visited;
- your server's IP address (a number which is unique to the machine through which you are connected to the Internet);
- the date and time of your visit;
- the address of the pages accessed;
- the documents downloaded;
- your connection speed;
- your screen resolution; and
- your geographical location.
Landmark and third parties engaged by Landmark for website support services use this information to:
- maintain, administer and development Landmark’s existing and new website-based services;
- deliver and improve Landmark’s websites and its functionalities;
- provide you with access to certain features of the website; and
- administer business processes through Landmark’s website including sending e-mails and direct marketing material.
Disclosure of information in chat rooms and bulletin boards
Landmark maintains chat rooms, bulletin boards and commenting/blogging services accessible to the public. By accessing these areas, you consent to the disclosure of your personal information to other person(s) participating in any of these services. Landmark is not responsible for the use or disclosure by others of the information you provide whilst using chat rooms or bulletin board services in connection with Landmark.
Landmark websites contain links to other sites. Landmark is not responsible for the privacy practices or the content of any sites linked to Landmark’s website.
This Policy was updated in April 2018