Personal Data Protection Policy

This Privacy Policy, which is subject to the Privacy Act and any applicable Australian Privacy Principles (APPs) and Privacy Principles in New Zealand to which we are bound, regulates how we collect, use and disclose personal information.`

Amendments. We may change, vary or modify all or part of this Privacy Policy at any time in our sole discretion. It is your responsibility to check this Privacy Policy periodically for changes. If we adopt a new Privacy Policy:

we will post the new Privacy Policy on either this platform or an alternate relevant Platform you have access to; and

it will then apply through your acceptance of it by subsequent or continued use of our Services.

Jurisdiction. The laws of Australia for Australian related booking and the laws of New Zealand for New Zealand related booking apply to this Privacy Policy.

Primary purpose. We collect your personal information to lawfully carry out our functions and activities and provide you with our Removal Services (Primary Purpose).

Related purposes. In addition to the Primary Purpose, we may use the personal information we collect and make available to you, and you unconditionally consent to us using your information to:

provide you with further information about the Services you utilise and/or request and any other services and events you may be interested in;

personalise and customise your experiences with us;

help us review, manage and enhance our Services and develop insights used in reports or other content developed by us;

provide to you, including, but not limited to historical and current data and reports provided to you in visual, Excel, CSV or similar formats;

to administer your trading account;

investigate any complaints about or made by you, or if we have reason to suspect you have breached any relevant terms; or

as required or permitted by any law.

Personal information we collect about you may include:

identification information such as your name, shipment details, product, cartage and warehousing details, addresses, telephone numbers, purchase order and invoice numbers, financial trading statements, email addresses, and site locations; and

financial Information such as identification shipment related documents, passwords, invoices, payments received, outstanding balances, bank account details and other related commercial/trading financial information.

We will only collect, hold, use or disclose your personal information with your consent (whether deemed confidential or non-confidential), which by your use of our services does constitute your full acceptance.

How we collect. Your personal information may be collected:

when you complete an application, consent, use our services, account sign-up or similar form in paper, via a platform or otherwise;

when you contact us to make a query or request or engage our Services;

when you participate in one of our services, competitions or surveys;

from those who act on your behalf;

from publicly available information;

from government regulators, law enforcement agencies and other government entities;

from business contacts, external service providers and applicable suppliers;

from prospective employees; or

by other means as we will reasonably inform you of (as relevant).

Third party collection. If we collect any personal information about you from someone other than you, to the extent not already set out in this Privacy Policy, we will inform you of the fact that we will collect, or have collected, such information and the circumstances of that collection before, at or as soon as reasonably practicable after we collect such personal information.

Unsolicited information. If we receive unsolicited personal information about you that we could not have collected in accordance with this Privacy Policy and the Privacy Act, we will, within a reasonable period, not use, destroy or de-identify such information received.

We will require you to identify yourself if:
a) we are required by law to deal with individuals or companies who have identified themselves; or
b) it is impracticable for us to deal with you if you do not identify yourself or elect to use a pseudonym.

Destruction. Where a relevant legal requirement otherwise applies, we will retain your personal information for a period of up to seven years after which we may choose to destroy it at our sole discretion.

Primary use. We will only use and disclose your personal information:

for purposes which are related to the Primary Purpose; or

if we otherwise get your consent to do so,
in accordance with this Privacy Policy and the Privacy Act.

We will not use your personal information for any other purpose for which you would not reasonably expect us to use your information.

We will not sell, trade, rent or licence your personal information to third parties without your prior consent.

We may offer you the opportunity to receive information from third parties regarding, visual cues, products or services that may be of interest to you. If you choose to receive such information, we may forward messages from such third parties to you. If we do so, we will not provide such third parties with any of your personal information.

How we disclose. We may disclose personal information and you consent to us disclosing such personal information to:

third parties engaged by us to perform functions or provide Services on our behalf;

our professional advisors, including our accountants, auditors and lawyers;

our related bodies corporate;

persons authorised by you to receive information held by us;

a government authority, or law enforcement agency, pursuant to a court order or as otherwise required by law; and

any persons as required or permitted by any law.

We will not disclose your sensitive information without your consent unless there is a need to disclose such information in accordance with the Privacy Act or to comply with any court order or any other regulatory requirement.

Overseas disclosure. We may in some circumstances send your personal information to other overseas recipients, for example, due to our database servers or our Parent Company, Related Parties or subsidiaries (including any member of the Nippon Express Global Network) being located outside Australia and New Zealand or for processing by staff operating outside Australia and New Zealand, who works for us or for one of our suppliers engaged to, among other things, to improve your customer experience, improve your ability to view your shipping and/ or warehouse data or to provide support services. The likely locations of such recipients are: Europe, Asia, Oceania, the Middle East, Africa and the Americas.

If we send personal information to overseas recipients or allow access to our portal, we will take reasonable measures to protect your personal information such as ensuring any sensitive information is de-identified where appropriate before being transmitted. However, you acknowledge and agree that if we disclose your personal information to overseas recipients, we are not obliged to take reasonable steps to ensure overseas recipients of your personal information comply with the Privacy Act, the APPs and Privacy Principles.

Access. You have a right to access your personal information, subject to any exceptions provided for in the Privacy Act.

If you have issues accessing your personal information, please contact us using our contact details noted below.

You are required to put your request in writing and provide proof of identity.

We are not obliged to allow access to your personal information if:

we reasonably believe that giving access would pose a serious threat to the life, health or safety of the company or any individual, or to public health or public safety;

giving access would have an unreasonable impact on the privacy of other companies or individuals;

the request for access is frivolous or vexatious;

the information relates to existing or anticipated legal proceedings between you and us and would not ordinarily be accessible by the discovery process in such proceedings;

giving access would reveal our intentions in relation to negotiations with you in a way that would prejudice those negotiations;

giving access would be unlawful;

denying access is required or authorised by or under any relevant Australian or New Zealand law or a court/tribunal order;

we have reason to suspect that unlawful activity, or misconduct of a serious nature relating to our functions or activities has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;

giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

giving access would reveal internal evaluative information in connection with any commercially sensitive decision-making process.

If you make a request for access to personal information, we will:

respond to your request within 21 days or otherwise within a reasonable period; and

if reasonable and practicable, give access to the information in the manner requested.

If we refuse to give access to the personal information because of an exception or in the manner requested by you, we will give you a written notice that sets out at a minimum:

our reasons for the refusal (to the extent it is reasonable to do so); and

the mechanisms available to complain about the refusal.

Correction. Where you feel that information about your forwarding or warehousing data is not accurate or your details have or are about to change, you can:

contact us using our contact details below and we will investigate and correct or update your personal information; or

Provide us with documentary evidence to support your viewpoint for our internal review.

If you otherwise make a request for us to correct your personal information, we will:

respond to your request within 21 days or otherwise within a reasonable period; and

if reasonable and practicable, correct the information in the manner requested.

If we refuse a request to correct personal information, we will:

give you a written notice setting out the reasons for the refusal and how you may make a complaint; and

take reasonable steps to include a note with your personal information of the fact that we refused to correct it.

In relation to all personal information, we will endeavour to take all reasonable steps to:

ensure that the personal information we collect is accurate, up to date and complete;

ensure that the personal information we hold, use or disclose is, with regard to the relevant purpose, accurate, up to date, complete and relevant; and

protect personal information from misuse, interference, loss and/or unauthorised access, modification and disclosure.

We store your personal information on a secure server behind a firewall and where possible use procedures including IP Blocking, whitelisting, and other security software and encrypted databases accessible only by authorised personnel to protect your personal information from unauthorized access, destruction, use, modification or disclosure. We require staff and service providers to respect the confidentiality of personal information.

Your financial Information will always be stored and protected in compliance with the PCI Data Security Standards and will be reviewed and updated from time to time.

If you become aware of or suspect any misuse or loss of your personal information, please contact us immediately.

If you have a complaint about how we collect, use, disclose, manage or protect your personal information, or consider that we have breached the Privacy Act, or APPs and Privacy Principles, please contact us using our contact details below. We will respond to your complaint within 21 days of receiving the complaint.

Once the complaint has been received, we will try to resolve the matter in a number of ways:

Request for further information: We may request further information from you. You should be prepared to provide us with as much information as possible, including details of any relevant dates and documentation. This will enable us to investigate the complaint and determine an appropriate solution.

Discuss options: We will discuss options for resolution with you and if you have suggestions about how the matter might be resolved you should raise these with our officer who oversees Privacy.

Investigation: Where necessary, the complaint will be investigated. We will try to do so within a reasonable time frame. It may be necessary to contact others in order to proceed with the investigation. This may be necessary in order to progress your complaint.

Conduct of our employees: If your complaint involves the conduct of our employees we will raise the matter with the employees concerned and seek their comments and input in the resolution of the complaint.

After investigating the complaint, we will give you a written notice about our decision.

You are free to lodge a complaint directly with the Office of the Australian Information Commissioner (OAIC) online, by mail, fax or email. For more information, please visit the OAIC website at: https://www.oaic.gov.au/privacy/privacy-complaints

Please forward all correspondence in respect of this Privacy Policy to:
The IT Privacy Officer- NEA IT Department
Nippon Express (Australia) Pty Ltd
Unit 3, Ground Floor 45 Burrows Road, Alexandria, NSW 2015 AUSTRALIA.

Email	NEAU-admin@nipponexpress.com
**Please cc email to	neau-removals@nipponexpress.com

Personal pronouns: Except where the context otherwise provides or requires:

the terms we, us or our refers to both Nippon Express (Australia) Pty Ltd (ABN 14 000 496 720) and Nippon Express New Zealand Limited (NZBN: 9429039220462) ; and

the terms you or your refers to a user or visitor of the Platform and/or a customer to whom we provide the Services.

Terms italicised and defined in the Privacy Act have the meaning given to them in the Privacy Act.

Defined terms: In this Privacy Policy unless otherwise provided, the following terms shall have their meaning as specified:
APPs means any of the Australian Privacy Principles set out in Schedule 1 of the Privacy Act.
Nippon Express Global Network means any of our associated entities including those listed on Nippon Express Head Office Global website at: nipponexpress.com and subject to change from time to time.
Platform means this customer portal and any associated systems as applicable.
Privacy Act for Australia means the Privacy Act 2000 (Cth) as amended from time to time and in New Zealand the Privacy Act 2020 as amended from time to time.
Privacy Policy means this privacy policy as amended.
Privacy Principles means any Principles in New Zealand captured under or in connection with the New Zealand the Privacy Act 2020.
Sensitive Information has the meaning as given in the Privacy Act.
Services means our Freight Forwarding, Customer Clearance/ Brokerage, Cartage and 3PL Warehousing services and solutions, along with any marketing and online social media sharing and networking services that we may provide from time to time.