PRIVACY POLICY

1. Protecting your privacy

TMK Energy Limited (ABN 66 127 735 442) (TMK), a company operating under the laws of Australia and having its principal place of business at 102 Forrest Street, Cottesloe, WA 6011, Australia.

TMK is committed to protecting the privacy and personal information of all of its customers, suppliers and other stakeholders. TMK respects your preferences regarding the collection and use of your personal information and the following policy sets out how TMK collects, stores, uses and discloses personal information provided to TMK. 

TMK as a publicly listed company on the Australian Stock Exchange (ASX: TMK) is bound by the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (APPs) and is an APP Entity under the provisions of that Act. 

This privacy policy applies to the information collected by TMK (including any and all subsidiary companies of TMK), in its dealings with you including but not limited to through the TMK Website and/or in person. 

2. What personal information does TMK collect and store?

When you contact TMK, or visit our website, TMK may collect and hold certain data which may include personal information from you which assists us in managing our relationship with you. 

This personal information may be collected from you, and subsequently held by TMK, as a direct or indirect result of TMK’s dealings with you including but not limited to during the provision of TMK Products or Services to you or following referrals of third parties. 

The personal information we collect and hold may include: 

  • your name, company, title or position and contact details (such as email address, phone number, postal address and street address); 
  • software credentials including your username and password, machine identification details and similar information used for authentication and account access and for software maintenance and support; 
  • demographic information and location data, such as your country, preferred language, post code (or ZIP), age, gender, preferences, interests and favourites; 
  • information relating to your visit to the TMK Website, including for example, we may use web analytics tools to retrieve information from your browser, including the site you came from, the search engine(s) and the keywords you used to find the TMK Website, the pages you view within the TMK Website, your browser add-ons, and your browser’s width and height. Additionally, we may collect and hold certain standard information that your browser sends to every web site you visit, such as your IP address, browser type and language, access times and referring web site addresses. When you use our website we may also collect and hold information from your browser, such as language choice, to improve your customer experience, for example by making the TMK Website accessible to you in your preferred language where possible; and 
  • software analytics information as further detailed below. 

Together the above information is known collectively in this policy as your Personal Information. 

4. How does TMK access, store, process, use, transfer and disclose personal information and what is it used for?

Your information is provided to TMK throughout your dealings with TMK. Both Personal Information and non-personal information may be collected by TMK through your direct interactions with us such as entering into contracts with TMK or filling out forms, sales enquiries and other transactions, publicly available data from third parties such as data from marketing opt-in lists and data aggregators and from automated interactions such as TMK’s website cookies, URL’s and tools.

The information collected and held by TMK may be used and disclosed by TMK for purposes such as:

  • engaging in new transactions with you;
  • administering our relationship with you;
  • processing and responding to investor enquiries;
  • processing applications for employment;
  • processing and maintaining employee records (including bank, personal identification details) for current, prospective and/or past employees;
  • business development including sending marketing releases, publications, and details of training events;
  • meeting legal or other regulatory obligations imposed on us;
  • auditing usage of our websites;
  • developing, customising, enhancing and operating the TMK Website and to carry out the transaction(s) you have requested or authorised;
  • respond to questions or complaints;
  • to conduct customer surveys;
  • to detect and prevent fraud;
  • solicit your opinion or feedback;
  • to provide a more effective customer service, improve the TMK Website; and
  • to provide you with important information about the TMK, including news and media updates and notifications.

Occasionally we may use personal information to provide you with information TMK that we believe may be of benefit to you. If you prefer not to receive these updates please email us at info@tmkenergy.com.au and put “unsubscribe” in the subject line together with the name of the publication you wish to unsubscribe from. Our marketing communications will also include an “unsubscribe” link. 

We may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law, ASX listing rule requirements or respond to lawful requests or legal process; (b) protect the rights or property of TMK; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of TMK staff or the public. We may also disclose personal information as otherwise permitted by law and as part of a corporate transaction such as a merger or sale of assets. 

In the process of continuing to develop our business, we may also occasionally acquire subsidiaries or other business entities. As a result of such transactions, and for maintaining a continued relationship with you, we may transfer your Personal Data to an acquired and related affiliate. If we are involved in a reorganization, merger, acquisition or sale of our assets, your Personal Data may be transferred as part of that transaction. We will notify you of any such deal and outline your choices in that event. 

Except as otherwise described in this statement or with your permission, Personal Data you provide to TMK will not be shared outside of TMK and its controlled subsidiaries and affiliates and approved business partners under confidentiality obligations. 

TMK stores your personal information in different ways, including in paper and in electronic form. TMK takes security of your personal information very seriously and uses a variety of security procedures in our TMK Website to help protect personal information from unauthorised access, use, or disclosure. 

We may use cookies on the TMK Website.

5. How do we protect personal information

TMK takes reasonable and appropriate technical, compliance, administrative and physical security and risk mitigation processes and safeguards that are designed in accordance with applicable laws to protect any Personal Information stored by TMK from any loss, misuse, unauthorised access, disclosure, alteration or destruction. 

Protection mechanisms include (i) physical safeguards including locked filing cabinets and secure document destruction and (ii) technical safeguards including user authentication, network and data monitoring and other appropriate security measures across the TMK company. 

TMK takes reasonable measures to prevent Personal Information breaches. If these do occur, we have a process in place to take swift action within our responsibilities and in accordance with any mandatory breach notification requirements at law. 

6. Access to and correction of personal information

You have a right to request access to Personal Information held by TMK and to request its correction. 

You may request to review, correct, update, suppress, or otherwise modify any of your Personal Information that you have previously provided to us through TMK’s business partners, or object to the use or processing of such Personal Information by us. 

If you require any changes please contact us using the details in the contact information section below. 

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information that you have provided to us suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information that you have provided to us. 

While the majority of questions and issues related to access can be handled quickly, complex requests may take more research and time. In such cases, issues will be addressed, or you will be contacted regarding the nature of the problem and appropriate next steps. 

TMK will retain your Personal Information for as long as your account with TMK is active; as needed to provide you products or services; as needed for the purposes outlined in this policy or at the time of collection; as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements; or to the extent permitted by law. 

7. Agreement to terms of privacy policy, right to changes and withdrawal of consent

By contacting TMK, using the TMKWebsite, and/or providing information to us, you consent, accept and agree to the collection and use of your personal information for the purposes described in this policy. In circumstances where it is not practical or possible for you to access this policy on TMK’s website, TMK will upon request made to the details in the contact information section below can provide you with a copy of this Privacy Policy. 

Subject to applicable laws, you may have the right to request the following in respect of Personal Information stored or processed by TMK including: 

  • to ask us to provide you with information regarding the Personal Information we process concerning you; 
  • to rectify, update, delete or erase any Personal Information concerning you; 
  • to withdraw any consent you may have previously granted for TMK to use, access or process your Personal Information; and 
  • to lodge a privacy complaint with a supervisory authority, for example the Australian Privacy Commissioner if you are unhappy with the way that TMK has handled any Personal Information or the provisions of this policy; 

As a company focused on serving the needs of businesses, TMK’s website is not directed to, nor do we knowingly collect data from, children and minors. If you believe that we have mistakenly or unintentionally collected Personal Information of a child or minor please contact TMK using the details set out in the “contact information” section below. 

We ask that you not send us, and you not share any sensitive Personal Information (e.g., government-issued or financial account numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, genetic, or biometric data, criminal background or trade union membership). 

Whilst TMK acknowledges your right to deal anonymously or by pseudonym and to elect not to permit TMK to collect or store personal information, except in relation to general enquiries or complaints made to TMK on an anonymous basis, it is impractical for TMK to deal with you unless you identify yourself and provide the required personal information. 

TMK reviews its policies regularly and occasionally may need to change or update them. 

This Privacy policy was last reviewed and updated on 10th February 2022. 

9. Contact information

Requests relating to TMK’s Privacy policy including but not limited to complaints, details of alleged breaches of this policy or the APPs, requests for access to personal information or correction, complaints or concerns or for further information about how we process and treat personal information or comments or suggested improvements on TMK’s Privacy policy can be sent by email to: info@tmkenergy.com.au or by writing to: 

Company Secretary
TMK Energy Limited
1202 Hay Street,
West Perth, WA 6005, Australia