PRIVACY & COOKIES / TERMS & CONDITIONS
Blakemere Engineering Pty Ltd (“Blakemere”) is committed to respecting the privacy of all persons using this site, and the protection of any personal information which we may collect and which you choose to share with us. Such personal information will be used in accordance with the disclosures herein.
The term “Personal Information” in this policy means any information from which your identity is apparent or can be reasonably ascertained. We do not collect Personal Information about you when you visit this online service.
Blakemere is bound by all relevant privacy and data protection laws and regulations in the jurisdictions which we operate and is committed to ensuring the privacy of the information provided to it by potential employees, employees, contractors and other third parties.
The purpose of this online service is to provide users with general information about Blakemere for marketing and information purposes only.
By presenting this information, Blakemere does not intend to give and the presentation does not constitute professional or business advice. The accuracy, completeness and/or adequacy of the content of this presentation, as well as any estimation and/or assessment included, if at all, is not warranted or guaranteed and the Company disclaims any intention and/or obligation to comply with such content. The Company may make improvements and/or changes in the features or content presented herein at any time. The Company shall not be liable for any loss, claim, liability or damage of any kind resulting from your reliance on, or reference to, any detail, fact or opinion presented herein. This presentation contains proprietary information of the Company and may not be reproduced, copied, disclosed or utilized in any way, in whole or in part, without the prior written consent of the Company.
Blakemere will not collect, use or disclose personal information except in limited circumstances where necessary for the purposes of its business. Situations in which Blakemere may collect personal information include:
- Recruitment and selection of staff and contractors
- Engagement of staff and contractors
- Personnel administration
- When required by law
- When dealing with certain government agencies
We receive personal information verbally, in writing, by telephone, by e-mail, through our website and through other methods of communication. Blakemere endeavours to collect personal information direct from the individual concerned except where it is not practical to do so.
We collect personal information from browsers when you visit our website, such as your server address, domain name, date and time of your visit, and the pages visited.
Personal information may be collected from [and shared with] third parties, in the course of recruitment or engagement or to ensure that information that the Company has is correct.
Third parties may include:
- Recruitment or human resource service providers
- Health professionals
- Insurers and insurance brokers
- Nominated referees
In each case, Blakemere treats personal information in accordance with all relevant privacy and data protection laws and regulations.
Accuracy of Personal Information
We will take reasonable steps to ensure the personal information that we maintain is accurate, complete and up-to-date. At any time you may request that your personal information be corrected, supplemented or (if no longer required for an original lawful purpose of collection) permanently deleted from our systems.
How we use your Information
Your personal information will be stored in our systems for our immediate business and administration purposes only, and may be used by Blakemere and any Blakemere subsidiary companies. We will collect personal information for the following purposes to:
- Select suitable staff
- Facilitate the administration of staff and their records
- Contact next-of-kin (only where necessary)
- Manage employees throughout the term of their engagement
- Maintain archival material in respect of former employees
- Assist in performance management and career development
- Ensure that competent trained staff are utilised
- Conduct internal research
- Conduct marketing and data analysis
- Send you updates and news concerning Blakemere and its business partners
- Assist you with any future requirements and
- Comply with Blakemere’s statutory obligations.
We do not sell your personal information to others. You may request that we cease sending you marketing material at any time.
Personal information that we disclose
Blakemere will only disclose personal information in accordance with this policy and, where this involves the transfer of information overseas, only where the recipient has demonstrated that it complies with all relevant privacy and data protection laws and regulations. In the latter regard, you should be aware that because Blakemere operates globally, there is always a prospect that your personal information may be transferred to another jurisdiction, including transfer into and out of the European Economic Area.
It is our policy not to disclose, sell or market your personal information to any unaffiliated third party without your prior permission, except where to do so is in accordance with the original purpose of collection.
We may disclose your information to any person without notice, if we, in good faith, believe that such is required in order to comply with law, or is required for the prevention, detection, investigation or remedying of seriously improper conduct potentially affecting Blakemere.
Complaints, Request to Access or Change Personal Information
You may request access to Personal Information about you that we hold and you may ask us to correct your Personal Information if you find that it is not accurate, up-to-date or complete. You may contact us to make a complaint about our use of your personal information.
You can contact us by email, or at the postal address below. We undertake to respond within 30 days. If the request or complaint will take longer to resolve, we will provide you with a date by which we expect to respond.
Refusal to Access Your Personal Information
In certain circumstances Blakemere may refuse you access to your personal information. The circumstances in which we may do so include where:
- It would have an unreasonable impact on the privacy of others
- The information relates to legal proceedings
- Providing access to information would prejudice certain investigations
- We are required by law not to disclose the information
- We have an option under law not to disclose the information and have formed the view in good faith that it would be inappropriate to make the disclosure
CONFIDENTIALITY & SECURITY
Blakemere is committed to try to safeguard any personal information that you provide to us, to ensure that it remains confidential and secure and take all reasonable steps to ensure that personal privacy is respected. All our data is stored in written and/or electronic form and we maintain physical, electronic and procedural safeguards to protect your personal information. We restrict access to personal information to those employees, joint venture partners, subsidiary companies and third party providers who need to know that information to deliver our services efficiently and effectively.
Blakemere follows strict security procedures in order to protect personal information from loss, unauthorised access, misuse or disclosure. So long as Blakemere has complied with this undertaking and with any other statutory obligations, Blakemere will not be held liable for any claims, losses, or damages which may result from access by an unauthorised third party, or the introduction of viruses, worms, or other harmful elements into the system and their possible effects on personal information contained on our Website.
Management of Personal Information
Blakemere trains its employees who handle personal information to respect the confidentiality of personal information and the privacy of individuals. Blakemere regards breaches of your privacy very seriously and will impose appropriate penalties, including dismissal on employees who inappropriately access or misuse personal information.
Our website uses Google Analytics, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.
This site provides hyperlinks to Web sites owned and controlled by others. Blakemere is not responsible for the privacy practices of any Web site not owned or controlled by us.
By accessing or using this Site you consent to the collection, use, and transfer of your personal information as described in this Policy, as amended from time to time.
CHANGES TO THIS POLICY
Blakemere is constantly striving to improve our service and from time to time it may be necessary for us to review this policy. We reserve the right to amend this policy at any time and to notify you of any amendments by posting an update version on our website.
It is your responsibility to check the Website each time prior to access for any changes.
CONTACT USBlakemere Engineering Pty Ltd Linden Jones, Managing Director 189 Planet Street, Welshpool, WA 6106
Terms & Conditions
You are invited to read these Legal Terms and Conditions (“Legal Terms”) carefully. By accessing and using the services available on www.blakemere.com.au (“the Website”), you agree to be bound by these Legal Terms as if you had signed them.
In case of disagreement with these Legal Terms, do not access or use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Legal Terms at any time. Please check these Legal Terms periodically for changes. Your continued use of this Website following the posting of changes to these Legal Terms will mean you accept those changes.
You hereby acknowledge and agree as follows: Blakemere Engineering Pty Ltd (“Blakemere”) is the owner of the Website accessible at www.blakemere.com.au
These Legal Terms defines the contractual agreement between Blakemere and each user accessing and/or using the Website.
Access to some areas on the Site is restricted to users (“Authorised Users”) who have compiled a registration process and have been granted subsequent authorisation for access through issuance of a unique user identification and password. (“Secured Sites”). No other persons other than Authorised Users may access these Secured Sites. Such identification and passwords issued to Authorised Users are non transferable, however, Blakemere shall not be held responsible for authenticating the identity of any person entering a Secured Site utilising an Authorised Users identification and password.
As an Authorised User you are entirely responsible for maintaining the confidentiality of your Authorised Users identification and password. Furthermore you are also liable for all resulting access, use and activities on these Secured Sites under this Authorised Users identification and password, including any fraudulent, erroneous, unlawful, or unauthorised third-party use (“Unauthorised Use”)
In the event an Authorised User becomes aware of any such Unauthorised Use, then it is the responsibility of the authorised User to inform Blakemere of this Unauthorised Use forthwith and without delay. Blakemere reserves the right to terminate an Authorised User’s access and use of a Secured Site at any time without notice.
The following terms shall be construed in these Legal Terms according to the definitions set forth below:
- “Website”: refers to the website www.blakemere.com.au, its information content such as all text, graphics, photographs, graphs, sounds, data, images or software owned by Blakemere or licensed to Blakemere.
- “User” or “Visitor”: refers to anyone coming to the Website and exploring the public areas of the Website.
2. OWNERSHIP/USER’S RIGHT OF USE
Blakemere is the owner or licensee of all rights in the Website, its software, services, functionalities and more generally all elements composing the Website (hereinafter referred to for the purpose of this article as “Website Elements”).
Blakemere grants to the User a worldwide non-exclusive and non-transferable right of use of the Website for the duration of the Legal Terms. The User has the right to download, view, copy and print any Website Elements exclusively for its own and private use of the Website. Notwithstanding the above grant, User may not modify, transfer, sell, reproduce, broadcast, sub-license or publish any of the Website Elements. In particular, the User is expressly precluded to modify in any manner, translate or integrate all or part of the Website Elements.
The User, in turn, holds the rights pertaining to the elements that may be remitted by it to Blakemere. Accordingly, the User grants for the duration of the Legal Terms to Blakemere, pursuant to the present Legal Terms the right to reproduce and digitally represent, a non-exclusive and non-transferable worldwide right to publish the elements remitted to Blakemere and giving rise to intellectual property rights as well as all distinctive signs such as trademarks and logos.
The Legal Terms and their future amendments shall remain valid as long as they remain on the Website.
4. WEBSITE SERVICES
The Website is available 24 hours a day, 7 days a week.
Blakemere aims at the continuous enhancement of the services available on the Website. Consequently, Blakemere may perform all modifications of the Website services it deems necessary. Any use of the Website services by the Users after said modifications will be considered as an acceptance by the User of the modified services available on the Website.
Blakemere reserves the right to occasionally interrupt the Website services without justification or to suspend as a matter of right and for any reason whatsoever, at any time without prior notice, access for its Users to the Website and its services. Blakemere disclaims any liability for the possible consequences of such interruptions or suspensions.
Users are invited to read our Privacy Statement, available on the Website and hereinafter attached as Appendix 1.
6. PROVISION OF DATA BY USERS
The User warrants that the information, data and any other elements that may be provided by it on the Website are true, accurate, current, complete and decent. User further warrants that it is authorised to provide such information, data and elements and that said data, information and elements provided on the Website are not subject to any third-party rights and, in particular, are not infringing upon any third party pre-existing right. Should it be the case the User shall indemnify and hold Blakemere harmless from any claims complaints, objections, and oppositions arising from and in relation to such infringement.
The User also warrants Blakemere against any actionable tort claim from all persons relating to the erroneous nature or deceitful information posted on the Website under its responsibility.
The User is precluded from using the Website and functionality for unintended use or placing a virus on the Website through documents or programs or in any manner whatsoever that may damage, interfere with or copy any software, data or information of the Website.
7. LIMITED WARRANTY
The Website is provided by Blakemere on an ‘as is’ basis. Blakemere makes no warranties whatsoever and disclaims all warranties expressed or implied including without limitation warranties of merchantability, title or fitness for any particular purpose, non-infringement, compatibility, security and accuracy.
8. NO LIABILITY
In no event shall Blakemere be liable to any user or to any third party under any applicable law, for any damage of any kind such as but not limited to any indirect and/or consequential damage, incidental or special damages including loss of data, loss of contract, loss of prejudice to the business reputation either arising from any users act or resulting of a defective performance of the service supplied by the Website, any commercial disorder of any kind, as well as for any financial loss including loss of profits, loss of turnover, regardless of the form of action or legal theory under which the liability may be asserted, Blakemere its information suppliers and service suppliers (and in particular its hosting services provider) shall not be held liable for the broadcasting of any erroneous information or for any delay or failure in the broadcasting of any information on the Website or for any temporary interruption of the Website service due to the necessary technical intervention including, without limitation, the intervention of a telecommunications operator, for any delays in services due directly or indirectly to electronic or mechanical failures, telecom or interconnections problems which would affect Website Users.
Blakemere, its information suppliers and service suppliers (and in particular its hosting services providers) shall not be liable for damaging consequences resulting from irregular or fraudulent use of the Website, use of the Website offered services nor for damaging consequences resulting from an unauthorised third party.
The User waives any rights to make any claim against Blakemere for any damage, costs, expenses and the like based on any misunderstanding or lack of knowledge arising out of the legal terms or the use of the Website functionalities.
The provisions of this section shall survive any termination of these Legal Terms.
9. GOOD FAITH
The User shall always act with good faith within the framework of its use of the Website.
10. EVIDENTIARY ASPECTS
The parties recognise as binding evidence the electronic messages, email exchanged between Blakemere and the User and between the User and another User of the Website.
11. USER’S LIABILITY
In addition to the provisions already stipulated under these Legal Terms:
The User shall indemnify and hold Blakemere harmless against any actionable tort claim from all persons relating to the erroneous nature or deceitful information posted on the Website. Generally, the User agrees to indemnify and hold Blakemere, its officers, directors, employees, agents and representatives harmless from and against any claims, demands, suits for any liability, costs, damages, penalties and expenses brought by or on behalf of any person which arise or are likely to arise out of these Legal Terms or the User’s access or use of the Website howsoever caused.
If one or several of the provisions of the Legal Terms are held to be unenforceable or invalid or are declared as such by application of a law, regulation or a final decision of a court of competent jurisdiction, the other provisions shall remain in full force and effect.
In the case of difficulty in the interpretation of the clause headings and the contents of any of these clauses, the headings will be declared non-existent.
13. GOVERNING LAW
The Legal Terms are governed by the laws of Australia for substance as well as for procedure.
APPENDIX 1 – PRIVACY STATEMENT
COLLECTION OF USER’S PERSONAL INFORMATION
The personal information provided by the User may be retained by Blakemere to keep track of the User’s access to the Website, to create a profile of the User to better serve it, or to contact the User either electronically or otherwise. Blakemere does not intend to retain User’s personal information longer than is necessary for the purpose for which it was collected.
PROVISION OF OTHER DATA BY THE USER
Information and data provided by the User may be collected by Blakemere for purpose of generating statistical information and using such information for editorial purposes in order to improve the quality of the services available on the Website. Blakemere may share said non-personal aggregated information with its customers, partners or Users.
The User shall refrain from any act likely to damage the privacy or reputation of any other party or any other person by avoiding any libellous, provocative, malicious or threatening comment, message or text. The User of the Website providing data to Blakemere through the Website or otherwise, warrants the accuracy and correctness of any information and data provided on the Website and that it is fully empowered and authorised to provide such information and data.
USER’S RIGHT OF ACCESS TO ITS PERSONAL INFORMATION
The User has control over its personal information in accordance with the applicable law(s) protecting personal data under which the User is entitled to have access to its personal information and to have false information modified. For this purpose, the User is invited to contact Blakemere via the information below.
In accordance with the regulations protecting personal information, the right to access the personal data is a personal right that can be exercised only by the person concerned with respect to his/her/its own information. The User acknowledges it is authorised to produce the personal information concerned.
DISCLOSURE OF USER’S PERSONAL INFORMATION
Blakemere reserves its right at all times to disclose any User’s information provided on the Website in order to satisfy the requirements of any applicable law or regulation. Blakemere does not sell the personal information to third parties.
Blakemere reserves the right to disclose and to report to law enforcement agencies information about any User violating the Website rules and about any User activity believed to be unlawful.
CONTACT USLinden Jones, Managing Director Blakemere Engineering Pty Ltd 189 Planet Street, Welshpool, WA 6106