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Your personal data will be used to process your order, support your experience throughout this website, and for other purposes described in our privacy policy.
This Policy is issued by Bookleaf Pty Ltd (ACN 009 036 202) as trustee for The Eden Unit Trust trading as Holman Industries (ABN 29 385 212 665) (Holman, we, our or us). It applies to us and our subsidiaries, unless another express policy has been issued.
We recognise and respect your privacy and data protection rights. We seek to manage your Personal Information in a fair, open and transparent way.
We are committed to the objectives of the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (Privacy Act). Further, we also seek to apply the principles in the General Data Protection Regulation (GDPR) of the European Union (EU) to the extent that they apply (see the Schedule to this Policy).
The Policy has been prepared primarily to meet privacy and data protection standards under Australian law and, where applicable, and EU law.
This Policy describes our practices in connection with Personal Information including how and why we collect, use, store, secure, destroy, de-identify and disclose your Personal Information. Specifically, this Policy explains:
The Policy is provided free of charge and you may request our Policy in a specific format. We will take reasonable steps to give you a copy in that format.
By visiting our website, using any of our products or otherwise providing your Personal Information to us, you agree to this Policy (and any updates) and you consent to our management of your Personal Information in accordance with this Policy and any other arrangements that apply between us.
Personal Information is defined under the Privacy Act as being information or an opinion about an identified individual (e.g. a natural person), or an individual who is reasonably identifiable:
Personal Information is focused on information relating to natural persons, not bodies corporate or business entities.
This Policy only applies to Personal Information. It does not apply to general confidential or commercially sensitive (e.g. contract terms, transactional information, customer information etc.), unless that information is Personal Information.
If information is both Personal Information and general confidential or commercially sensitive information of a client or customer, we will deal with that information in accordance the requirements of this Policy and any other confidentiality obligations to which we are bound.
We are a manufacturer and supplier of innovative engineering products for gardening and associated use. Many of our products, such as irrigation, watering, plumbing, garden lifestyle and garden lighting products, can be found in major hardware stores. Holman increasingly provides products which incorporate innovative and web-enabled technologies which collect, send and act on data obtained in the surrounding environments.
We will only collect Personal Information by lawful and fair means.
We collect your Personal Information in several ways, including but not limited to our websites, telephone, email, letter or facsimile, in person, publicly available information sources, cookies, apps, product reviews, online support tickets, product purchases and online tracking.
In order to provide our services, we may collect Personal Information from third parties, including government agencies and business associates.
We will only collect Personal Information from third parties if:
In the course of carrying out our activities, we may collect a wide range of Personal Information.
The types of Personal Information that we collect will depend on the nature of your dealings with us. In order to provide our Products to you, we will ask you to provide the necessary Personal Information. If you do not provide your Personal Information, we may not be able to provide you with our Products.
We collect the following types of Personal Information in the following contexts:
This list above is not exhaustive. We may collect any other Personal Information that may be required in order to facilitate your dealings with us or which may be reasonably necessary to pursue our functions and activities.
We do not ordinarily collect and use Sensitive Information. However, from time to time, we may collect Sensitive Information about individuals in the course of performing our activities.
We will only collect Sensitive Information if:
Further, the APPs list circumstances that permit the collection of Sensitive Information about an individual without their consent. We only collect Sensitive Information without an individual’s consent if one or more of those circumstances applies.
We will only collect and hold Personal Information if it is reasonably necessary to pursue at least one of our functions or activities or its collection and storage are required or authorised by or under an Australian law or a court/tribunal order.
Sensitive Information will only be collected and stored:
We may collect, hold, use, secure, destroy, de-identify and disclose your Personal Information for the following purposes:
Generally, we will only use or disclose Personal Information for the purpose for which it was collected (Primary Purpose), including the purposes set out above.
In certain circumstances, we may be required or permitted by law or a court or tribunal to collect and retain certain Personal Information about you.
However, we may use or disclose Personal Information for secondary purposes if we receive your consent to do so, or without your consent, if:
For example, the APPs permit the use and disclose Personal Information for a secondary purpose without an individual’s consent if:
By using our website and/or any of our Products (including software applications), you are impliedly consenting to us dealing with your Personal Information in accordance with this Policy.
You have the right to opt-out of our collection and use of your Personal Information. Please contact us directly if you wish to withdraw your consent. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (e.g. an unsubscribe link).
We will seek express consent from you before collecting and dealing with your Sensitive Information.
We may disclose Personal Information for the purposes described in this Policy to:
From time to time, circumstances may arise where there may be a need for us to disclose or transfer Personal Information to an overseas recipient or receive Personal Information from an overseas recipient. This may occur in a range of circumstances. For example:
Laws in these countries may differ from the country in which you live in.
We seek to carefully consider and where possible limit our overseas transfers of Personal Information and disclosures to jurisdictions with substantially similar privacy protections. However, you should be aware of the inherent risks of international transfers of Personal Information, particularly to jurisdictions which may have markedly different privacy protections to Australia. By using our website and/or any of our Products (including software applications), you consent to all overseas disclosures of Personal Information.
The countries which are likely to receive your Personal Information include, but are not limited to Australia, Germany, the United States of America and China.
Before disclosing Personal Information to an overseas recipient, we will take such steps as are reasonable in the circumstances to ensure that the overseas recipient also adopts privacy procedures which materially comply with the APPs in relation to that information, unless the APPs would not require us to do so.
We will not be required to take the such steps if:
You should also be aware that some of the Products we may sell to you are produced/supplied by Tuya Inc., a company which has operations in China, the United States of America (California) and Germany.
Tuya Products may also collect your Personal Information. We do not control the collection and management of this Personal Information. You can find Tuya’s Privacy Policy at: https://auth.tuya.com/privacy?from=http%3A%2F%2Fiot.tuya.com%2F
To the extent permitted by law, we do not take any reasonability or liability for how Tuya or any third party which we do not control collects and deals with your Personal Information.
We may, from time to time, use or disclose Personal Information for the purpose of direct marketing.
We may send you direct marketing communications and information about our services and products. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).
We may use or disclose Personal Information (other than Sensitive Information) for direct marketing if:
You expressly consent to us using your Personal Information to contact you for marketing purposes, via any mode of communication, in accordance with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth). We may also contact you about your opinion of current, potential or future products that may be offered by us.
In this regard, you may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (e.g. an unsubscribe link).
If Personal Information is also Sensitive Information, we will not use or disclose the information for direct marketing without the consent of the individual concerned.
We do not sell, rent or lease our Personal Information to third parties.
We may collect Personal Information about you when you use and access our website.
We may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your device.
Our website uses tracking technologies called “cookies” to monitor the pages accessed by you.
Cookies are small text files which are stored in the memory of or on your hard drive for record keeping purposes. We may use similar techniques, such as pixels, web beacons etc.
Cookies are used to personalise and customise webpages and services. Cookies can simplify the process of recording and maintaining your Personal Information. They are used to help us enhance the website and improve your online experience by storing your preferences during your visit to our website.
We may use cookies for the following reasons and in the following ways:
Our website may contain links to websites operated by third parties.
Those links are provided for convenience and may not remain current or be maintained.
Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and do not have any control over or rights in those linked websites.
The privacy policies that apply to those other websites may differ from this Policy, so we encourage you to read them before using those websites.
Third parties may also use information from cookies to tailor advertising to your preferences. Third parties may also combine information obtained via cookies on our website with other data about you on other websites.
Flash cookies may also be used on our website.
These are files which are sent by a web server to a client when the browser requests content supported by Adobe Flash. Flash cookies are commonly used in website advertisements and videos.
Flash cookies may be removed by managing your Flash Player settings. Depending on the version of web browser and media player you use, you may be able to manage Flash cookies with your browser.
You also may manage Flash Cookies by visiting Adobe’s website (https://www.adobe.com/au/). Please be aware that restricting the use of Flash Cookies may affect the features available to you.
In order to manage your cookie preferences, you may alter the cookie settings in your web browser settings at any time. You may accept all, or certain, cookies.
If you choose to opt out of cookies you may not be able to fully experience some features of our website. For example, you may have difficulties logging in or making online purchases.
Please be aware that we do not currently make use of a technical solution which would enable us to respond to your browser’s ‘Do No Track’ signals.
Can social media entities collect my Personal Information? We use the following social media channels at present:
Social media entities may collect your Personal Information for their own purposes.
However, we do not have any influence over how these entities use your Personal Information.
You should review the privacy and cookie policies of any entity before you access or use their website or platform.
The security of your Personal Information is important to us. We take reasonable steps to protect your Personal Information from misuse, interference, hacking and loss, as well as unauthorised access, modification or disclosure.
However, security measures are not an absolute protection and there is an inherent risk of unauthorised access. To the extent permitted by law, we exclude legal liability for any harm or damage eventuating from security related incidents.
We use several physical, administrative, personnel and technical measures to protect your Personal Information.
Our third-party providers use commercially reasonable physical, administrative, and technical safeguards to preserve the integrity and security of your Personal Information. They also provide various security strategies to effectively ensure data security of user and device. With regards to:
Depending on the circumstances, we may notify you, any affected individuals and, if required by applicable law, the relevant regulator, as soon as practicable after we become aware that there are reasonable grounds to believe that there has been an eligible data breach.
If it is impracticable to notify all affected individuals, and depending on the circumstances of the breach, we may publish a statement on our website and publicise the content or that statement.
We may not provide notice where it would be inconsistent with secrecy provisions or prejudice law enforcement actions. If we have taken sufficient remedial action in response to the eligible data breach, or if the regulator determines that notification is not required (if applicable), then we may not notify you of the breach.
An “eligible data breach” under the Privacy Act is where there has been unauthorised access or disclosure, or loss of information where unauthorised access or disclosure is likely, and a reasonable person would conclude that this access or disclosure would likely result in serious harm to the related individuals.
When interacting with us, individuals may choose to remain anonymous or to use a pseudonym.
We may elect not to deal with the individual anonymously or pseudonymously if:
You acknowledge that if you do not provide identification, we may not be able to provide our services, contract with you or assist you.
We will hold your Personal Information for the minimum period necessary for the purposes set out in this Policy.
If we hold Personal Information about an individual which we no longer require, we will take reasonable steps to destroy the information or ensure that it is de-identified, unless prohibited by law or the APPs otherwise require us to avoid taking such steps.
If we are unable to destroy your Personal Information due to technical reasons, we will ensure that appropriate measures are put in place to prevent further use or identification of your Personal Information.
If you have a Holman Home account, and deactivate it, then we will aim to destroy or de-identify all Personal Information within seven to fourteen business days. However, if you login to your account before this date, your deactivation request will be cancelled.
If you do not use the Holman Home App or the associated device for a period of two years, then we will destroy or de-identify your Personal Information.
We will endeavour to take reasonable steps to ensure that the Personal Information that we collect is accurate, up-to-date and complete.
The reasonable steps described above that we may undertake include:
If you think that the Personal Information that we hold about you might be out of date and needs to be corrected, please contact us using the details located at the end of this Policy.
You may request access to any of the Personal Information we hold about you. In most cases, a summary of your personal information will be freely available to you by contacting us. We may need to confirm your identity prior to taking further action, for security purposes.
Requests for access to your Personal Information will be handled within a reasonable period and we will endeavour to give you access to the information in the format and manner requested, if it is reasonable and practicable to do so.
We will endeavour to take reasonable steps to give access in a way that meets the needs of Holman and yourself, noting that access may be given using a mutually agreed intermediary.
The APPs provide a list of situations in which access to an individual’s Personal Information may be denied. We may deny an individual access to their Personal Information in these circumstances.
Such situations include, but are not limited to where:
If we refuse to give access to the Personal Information in the circumstances required by the APPs, or if we refuse to give access in the manner requested, we will take such steps (if any) that are reasonable in the circumstances to give access in a way that meets our needs and the needs of the individual.
If we refuse to give access to Personal Information, we will provide a written notice setting out:
We reserve the right to charge reasonable fees where requests for Personal Information contain complications or are resource intensive. A fee will not be excessive and will not apply to the making of the request.
If, with regard to the purpose for which it is held, we are satisfied that Personal Information we hold is inaccurate, out-of-date, incomplete, irrelevant or misleading, or if the individual about whom the Personal Information relates makes a request, we will take reasonable steps to correct the information.
However, as a matter of practice, when we receive Personal Information, we will hold the information for a period before we consider whether it is inaccurate, out-of-date, incomplete, irrelevant or misleading (unless we are informed otherwise).
If we correct Personal Information at the individual requests, we will take reasonable steps to notify any third party to whom we previously disclosed the Personal Information, if it is not unlawful or impracticable for us to do so.
Further, you may request that we associate the information with a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading (Correction Statement). Where such a request is made, we will take reasonable steps to associate the correction statement with the Personal Information, so that it is apparent to the users of the Personal Information.
We will aim to respond to a request to correct information or associate a Correction Statement with the Personal Information within a reasonable period of the request being made.
If we refuse to correct Personal Information in circumstances permitted by the APPs, we will provide a written notice setting out:
We will not charge fees for requests for the correction of Personal Information or for associating a Correction Statement with the Personal Information.
Requests for correction of Personal Information should be made in writing and send to us using the enquiries contact details set out below.
If we receive Personal Information that we did not solicit, we will, within a reasonable period of receiving the information, determine whether we would have been permitted to collect the information in circumstances permitted by the APPs.
If we determine that we have received Personal Information that we are not permitted to collect under the APPs (and the information is not contained in a Commonwealth record), we will as soon as practicable and where it is lawful and reasonable to do so, destroy the information or ensure that it is de-identified.
If we determine that collection of the Personal Information is permitted under the APPs, we will ensure that the information is dealt with in a manner that complies with this Policy.
We may change, update, revoke or replace the Policy from time to time by publishing changes to it on our website.
We may notify you via email or by means of a notice in a mobile application. We encourage you to periodically review the privacy policy on the website for the latest information about our privacy practices.
Your continued use of the website and/or our Products constitutes acceptance of any revised Policies.
If you wish to make a complaint about the way we have handled your Personal Information, you can contact us using the details set out below.
Please include your name, email address and/or telephone number and clearly describe your complaint. We will respond to you regarding your complaint within a reasonable period.
For further information about the Policy or our practices, or to access or correct your Personal Information, or make a complaint, please contact us using the details set out below:
Holman Industries 11 Walter Drive Osborne Park, Western Australia 6017 info@holmanindustries.com.au
in relation to a company or body corporate, means:
means a mobile software application developed by Holman that provides an end user with remote control or remote access to a Smart Device.
means the Australian Privacy Principles in Schedule 1 of the Privacy Act.
in relation to Personal Information or Sensitive Information (as the context requires), has the meaning given to that term in the Privacy Act, being the inclusion of that information in a record or generally available publication.
has the meaning given to that term in the Privacy Act, being the provision of either:
Where the capacity of individuals under the age of 18 cannot be practically or reasonably assessed on a case-by-case basis, we will presume that an individual aged 15 or over has the capacity to consent.
means Bookleaf Pty Ltd (ACN 009 036 202) as trustee for The Eden Unit Trust trading as Holman Industries (ABN 29 385 212 665) and, where the context requires, includes its Affiliates.
has the meaning given to that term in the Privacy Act, being information or an opinion about an identified individual, or an individual who is reasonably identifiable:
means this Privacy Policy, as amended, updated or supplemented from time to time.
Product means any one or more of the following:
has the meaning given to that term in the Privacy Act, being:
that is also Personal Information;
means a device produced or manufactured by a hardware manufacturer which has a human-machine interface, the ability to transmit data, connects to a wireless network, including smart home devices.
means an individual whose Personal Information we mange.
Schedule – European Union Requirements
This Schedule has been prepared for the purposes of ensuring our compliance with the GDPR, to the extent that it applies to us.
This Schedule only applies to you only if you ordinarily reside in the European Union or European Economic Area.
The provisions of this Schedule prevail to the extent of any conflict or inconsistency with the other provisions of this Policy.
The collection, use, processing, sharing, storage and disposal of your Personal Data is subject to this Policy. Who is the Controller of my Personal Data? We will be the Controller of your Personal Data that is collected by or for us, that is processed by or for us, or that is stored by us.
We will seek to ensure that your Personal Data is:
We may use automated processes using your Personal Data and your activity on the Holman Platform for the purposes of customising notifications or products and services provided to you. We may also use such data in automated processes for the purpose of providing more relevant services to our customers.
Except to the extent we are prohibited from doing so under Australian law, you may:
We will only process Personal Data about your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, biometric data (for example your fingerprints), or data concerning your health, sex life or sexual orientation with your consent or as otherwise permitted by law.
We will seek the consent of a parent or guardian to collect the details of minors under the age of 16. This will not affect the validity of any contract in relation to a child.
has the meaning given to that term in the GDPR, being in relation to a data subject, any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
has the meaning given to that term in the GDPR, being the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data; where the purposes and means of such processing are determined by European Union or European Union member State law, the controller or the specific criteria for its nomination may be provided for by such law.
has the meaning given to that term in the GDPR, being any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
has the meaning given to that term in the GDPR, being any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
has the meaning given to that term in the GDPR, being a natural or legal person, public authority, agency or other body, which processes personal data on behalf of the Controller.
means a person whose Personal Data we have collected, have access to or process who ordinarily resides in the European Union or the European Economic Area.
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