Terms of use | Pro Mach

By using the www.PromachEng.com.au website (‘we’, ‘us’, ‘our’), you agree to be bound by, and abide by, these Terms of Use. We may change these Terms of Use at our discretion and without notice. We may modify, suspend or cancel any content of this website online service at any time. By continuing to use this website you accept the Terms of Use as they apply from time to time.

These Terms of Use apply in conjunction with any other terms and conditions that apply including our Privacy Policy.

Intellectual Property

Unless otherwise expressed, we own or are authorised to use any trademarks, copyright and other intellectual property rights in any product, artwork, design, content and all materials used in and produced by our website and any online service (including but not limited to any text, documents, images, photos, videos, digital files, records, logos, animations, sound recordings and/or software). Please do not infringe those rights.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or any other applicable legislation throughout the world, you may not, in any form or by any means reproduce, display, store in a retrieval system or transmit, print, publish, distribute, commercialise, perform, adapt, or create of derivative work from any design, artwork, information, product or service accessed or acquired from this website.

Lawful Use

You may only use this website, any product or online services for lawful purposes, and must ensure that your use does not breach any laws that apply to you.

Disclaimers

We do not warrant that access to the contents of this website or any online services will always be uninterrupted, timely or secure. This website, and all content and services provided or made available through this website, are made available to you on an ‘as is’ and ‘as available’ basis.

This website (or social media websites on which we maintain presences or RSS feeds) may be linked to other websites or applications which we may have no control. Links to those websites are provided for convenience only, and we are not responsible for their use, effect or content. It should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or of any information, products or services referred to on those other websites or applications unless specifically stated. By accessing these third party sites, you agree to any terms of access or use imposed by those sites. We make no representations or warranties about the accuracy of information contained on those websites or applications. We do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person. We exclude all implied conditions and warranties except any implied condition or warranty the exclusion of which would cause this clause to be void.

We will not be liable if this website (or any content made available through it) is incomplete, corrupted, inaccurate, outdated or incorrect, or if this website, or any services provided or made available through it, are unavailable for any reason, including directly or indirectly as a result of:

telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);
maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of this website;
any events beyond our control; or
services provided by third parties ceasing or becoming unavailable.

You also acknowledge and agree that to the extent possible under the law, and subject to the Consumer Guarantees section below, we do not represent, warrant or guarantee that this website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.

Consumer Guarantees

To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms of Use.

However, if a supply under these Terms of Use is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), nothing contained in these Terms of Use excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law.

These Terms of Use apply in conjunction with the Consumer Guarantees.

Security

We cannot ensure the security of any information you send to us via the internet during its transmission. Accordingly, any information you transmit in this manner will be sent at your own risk. However, once we have received your information, we will take reasonable steps to ensure it remains secure. We recommend that you do not provide us with confidential information via our online services unless you accept the risk that the information may be lost, corrupted, or disclosed to third parties during its transmission.

Passwords

We may choose to issue you with a username and password to enable you to access particular features on our website. If we do, you must keep those details confidential (and you are responsible for their misuse if you do not).

Submissions

Any material you send to us on or via this website will be deemed to be non-confidential and nonproprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

Posting Comments

Our website may enable you to post comments (for example, on blogs, forums, listing boards, advertisements or other public areas). You are responsible for all comments that you post (or that are posted using your username and password).

You must not post any comment that:

is inflammatory (commonly referred to as ‘trolling’);
is xenophobic, racist, abusive, harassing or hateful;
is false, defamatory, inaccurate, threatening, invasive of a person’s privacy, or constitutes personal abuse directed at other users;
is obscene, sexually explicit or pornographic, or contains links to other sites that contain or promote obscene, sexually explicit or pornographic material;
constitutes commercial advertising, the promotion of gambling or the promotion of your own site (commonly referred to as ‘spamming’);
infringes someone else’s copyright or other intellectual property rights, or
violates any applicable law.

We may delete any comments or feedback for any reason at our absolute discretion.

Access

We may terminate or restrict access to the contents of this website or any online service at any time without notice. If we do so, these Terms of Use will continue to apply and any use must discontinue or be limited as we require immediately.

Limitation of Liability

To the maximum extent permitted by law we exclude all liability for any loss or damage of any kind (including special, indirect or consequential loss and including without limitation loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits) arising out of or in connection with the website content and the use or performance or services provided or made available through this website except to the extent that the loss or damage is directly caused by us fraud or wilful misconduct.

Governing Law

These Terms of Use are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.

Definitions

In these Terms of Use: “linked websites” means websites of persons or entities which are hyperlinked from this website (or our social media websites on which we maintain presence). “website” means the whole or any part of the web pages located at www.PromachEng.com.au (including the lay-out of this website, individual elements of the website design, underlying code elements of this website, or text, sounds, graphics, animated elements or any other content of this website.)

CONSUMER GUARANTEES

Under the Australian Consumer Law, a purchaser has guaranteed legal rights for goods and services they purchase. These are known as ‘consumer guarantees’.

All goods sold in Australia come with guarantees that cannot be excluded under the Australian Consumer Law.

A purchaser is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.

A purchaser is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

There are nine (9) consumer guarantees that apply to any goods that are purchased:

Acceptable quality
Fit for a particular purpose
Match description
Match the sample or demonstration model
Express warranties will be honoured
Spare parts and repair facilities will be available for a reasonable time after purchase
Title to the goods
Undisturbed possession of the goods
No undisclosed securities on the goods

Consumer guarantees cannot be excluded and are in addition to any extended warranty as part of a purchase or any voluntary warranty (warranty against defects) provided.

There may be circumstances where you are not entitled to a remedy.

For further information about the Australian Consumer Law and consumer guarantees visit www.consumerlaw.gov.au.

PRIVACY POLICY

Protection of your personal information is important to Promach. The way in which Promach (‘we’, ‘us’, ‘our’) collect, use, store and disclose personal information in accordance with our obligations under the Privacy Act, including those contained in the Australian Privacy Principles (‘APP’) is set out below. This Privacy Policy also constitutes a collection statement for the purposes of the Privacy Act. We only collect information that is reasonably necessary for the proper performance of our activities or functions and services.

We do not collect personal information just because we think it could be useful at some future stage if we have no present need for it.

We may decline to collect unsolicited personal information from or about you and take steps to purge it from our systems.

We manage personal information as an APP Entity under the APPs.

We may at times be a contracted service provider to a range of Commonwealth, State and/or Territory government agencies. Consequently, in those circumstances it will be necessary for us to collect and manage personal information as an Agency under different privacy arrangements.

What Personal Information do we collect and why do we need it

To provide you with our Services, we need to collect Personal Information. If any of the Personal Information you provide is incomplete or inaccurate, we may be unable to provide Services to you or the quality of those Services we provide may be compromised.

The nature of the relationship we have with you and the Services you require from us will determine the personal and other information we collect.

Accordingly:

we determine that it is reasonably necessary for our functions or activities in respect of the Services being provided;
we attempt to cross-check the information that we collect from you with third parties;
we record and hold your information in our Systems. Some information may be disclosed to third party or overseas recipients;
we retrieve your information when we need to use or disclose it for our functions and activities as relevant to our Services;
subject to some exceptions, we permit you to access your Personal Information in accordance with the APPs.
we correct or attach associated statements to your Personal Information in accordance with the APPs.
we destroy or de-identify your personal information when it is no longer needed for any purpose for which it may be used or disclosed provided that it is lawful for us to do so. We do not destroy or de-identify information that is contained in a Commonwealth Record.

Personal Information may include:

contact and identity information (for example, your name, email address, telephone numbers and address or other information in a registration form);
Personal Information (including Sensitive Information) which is provided to us in the course of Services by you or a third party;
bank details, credit card details and expiry dates;
information contained in a CV (for example, your previous work history, performance appraisals, qualifications, information about incidents in the workplace, your health information, personal history, opinions from referees, information in relation to absences from work due to leave, illness or other causes and our assessment of you, immigration history including residency, immigration status and travel history, character disclosures including offences, disclosures and information relevant to meeting character requirements, health disclosures and information relevant to meeting health criteria ) if you apply for a position with us;
information from third parties including any references about you, psychometric or competency test results or any information about any insurance investigation, litigation, criminal matter, inquest or inquiry in which you are involved;
financial information that allows us to pay you should you be engaged as an employee or contractor, including your Tax File Number, superannuation account details, bank account details and other ancillary information that is required to fulfil contractual, legislative, filing and reporting obligations (including the payment of salary and wages); and
feedback that you may have provided or performance on a placement or suitability for a position.

How do we collect Personal Information?

We aim to collect Personal Information directly from you, for example, when you send us information (including additional information about you), during interviews and meetings with you, from email correspondence, from business cards and during telephone calls or electronically through our website.

However, we may also collect Personal Information about you when we:

sell any goods or services to you;
hire any goods or provide services to you;
receive or give any reference about you;
receive results of enquiries that we might make of your former employers, work colleagues, professional associations or registration body;
receive results of any competency or medical test or treatment;
receive access to medical records or treatment records;
receive performance feedback (whether positive or negative) from any person;
receive any information about a workplace complaint or accident in which you are involved;
receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved; and
receive results of enquiries that we might make of your employer or sponsor.

We may also collect Personal Information:

from parties to whom we refer you (e.g., a medical professional or other expert);
from credit reporting and fraud checking agencies;
from debt collection agencies if you default in a payment to us;
through our website and by other electronic communication channels (e.g., when you send us an email or post a comment on one of our blogs);
from your spouse, partner or dependants;
from third parties;
from publicly available sources of information (including but not limited to newspapers, journals, directories, the Internet and social media sites); and
when we are permitted or required to do so by law (including the Privacy Act).

How do we use your Personal Information?

We use the Personal Information we collect, hold use and disclose for the purpose of providing our Services.

We may also use the Personal Information:

to comply with our contractual and other legal obligations;
for insurance purposes;
for the sale of goods purposes;
for the hire of goods purposes;
for the provision of services to you;
for statistical purposes and statutory compliance requirements;
for improving our client sales, hire and service, including customising our website in order to better suit your requirements;
for responding to enquiries or questions from you;
for training;
for risk management
for client and business relationship management;
for payroll services;
to confirm identity and authority to provide references;
subject to you advising us otherwise (see Marketing below), to advise you of additional services or information which may be of interest to you; and
otherwise as permitted under the Privacy Act.

If you default in a payment to us, we may use your Personal Information to recover that debt.

Marketing

We do not provide your Personal Information to any other person for marketing purposes.

From time to time, we may use your Personal Information to provide you with information on any relevant industry developments, including sending you email alerts, job listings, details of and invitations to events, promotions and competitions, fundraising campaigns to participate in and to communicate any other relevant information. We do not, however, use Sensitive Information for this purpose.

If you no longer wish to receive these alerts, unsubscribe links are provided in every email that you receive. If at any time you no do not wish to receive any additional material from us, contact our Privacy Officer and we will remove your details from our marketing database.

Anonymous Dealings

You are not obliged to give us your Personal Information. If you would like to access any of our Services on an anonymous basis, please advise us in writing. If it is possible and lawful, we will take reasonable steps to comply with your request. However, if you choose not to provide us with some or all of your Personal Information, we may not be able to provide you with some part or all of our Services (or our assistance will be restricted at our discretion).

Disclosing Personal Information

Disclosure to Third Parties

We may disclose your Personal Information to third parties in certain circumstances including:

if you agree to the disclosure;
when we use it for the purpose for which it was collected (e.g., to provide you with Services);
between our related entities;
your spouse or partner;
in circumstances where you would reasonably expect information of that kind to be passed to a third party;
our contracted software solutions providers; IT contractors and database designers and Internet service suppliers; Legal and other professional advisors; Insurance brokers, loss assessors and underwriters; Superannuation fund managers; Background checking and screening agents;
where disclosure is required or permitted by law (including under the Privacy Act), by court order, or is required to investigate suspected fraud or other unlawful activity; or
if disclosure will prevent or lessen a serious or imminent threat to someone’s life or health.

Disclosing Personal Information Off-Shore

We do not store personal information on off-shore servers (unless undertaken by a third party data software and data storage provider).

In some Services we may be required to disclose personal information off-shore, for example, where the Services have an international aspect.

If information has to be disclosed overseas, the overseas recipient may not be subject to privacy obligations or to any principles similar to the Australian Privacy Principles.

An overseas recipient may also be subject to a foreign law which could compel disclosure of personal information to a third party, for example, an overseas government or regulatory authority. Please note that disclosure where an overseas recipient handles the information in breach of the Australian Privacy Principles, you will not be able to seek redress under the Privacy Act, may not be able to seek redress in the overseas jurisdiction and we will not be accountable under the Privacy Act.

Considerations when you send Information to Us Electronically

If you send an email to us (including any emails addressed to us or a staff email the information in your email (including any Personal Information) may be retained on our systems in accordance with applicable email retention policies and procedures.

While we do all we reasonably can to protect your Personal Information from misuse, loss, unauthorised access, modification or disclosure, including investing in security software, no data transfer over the Internet is 100% secure.

If you access another website from our website, you do so and provide personal information in accordance with the terms and conditions under which the provider of that website operates.

The open nature of the Internet is such that information exchanged via the internet may be accessed and used by people other than those for whom the data is intended. If you send us any information, including (without limitation) Personal Information, it is sent through the Internet or other electronic means at your own risk.

While we are not in a position to give you advice on internet security, if you provide Personal Information to us electronically, there are some things you can do which may help maintain the privacy of your information, including:

always closing your browser when you have finished your session; and
never providing Personal Information when using a public computer.

You should contact us immediately if you believe:

someone has gained access to Personal Information you have provided to us;
we have breached our privacy obligations or your privacy rights in any way; or
you would like to discuss any issues about our privacy policy.

How we act to protect and retain your Personal Information

We endeavour to keep our information systems and files secured from unauthorised access. Those who work with us are aware of the legal obligations in respect to confidentiality and the importance we place on protecting your privacy.

Our procedures to securely store Personal Information include electronic and physical security measures, staff training and use of password protection software.

We retain our files for at least seven years. However, information filed in our electronic files may be retained indefinitely.

Personal Information may also be retained if we consider it necessary to do so or to comply with any applicable law or our insurance, governance obligations in our IT back-up records, for the collection of any monies owed and to resolve disputes.

How you can update or correct your Personal Information

You may request access to your Personal Information or correct any inaccurate or out of date information by contacting our Privacy Officer using the details below.

For security purposes, before we provide you with personal information, we may ask you to provide evidence of your identity.

You may request the source of any information we collect from a third party. We will provide this at no cost, unless under the Privacy Act or other law there is a reason for this information being withheld.

If there is a reason under the Privacy Act or other law for us not to provide you with information, we will give you a written notice of refusal setting out the reasons for the refusal except to the extent it would be unreasonable to do so and the mechanisms available to you to complain about the refusal. How to complain if you believe we have breached the Australian Privacy Principles (APP) If you believe that we have dealt with your personal information in a way that is inconsistent with the APP, you should contact our Privacy Officer in the first instance using the details below. We will attempt to respond to your complaint within 30 days. If we are unable to resolve your complaint you may contact the Office of the Australian Information Commissioner (contact details are below).

Changes to this Privacy Policy

This is our current Privacy Policy. Our Privacy Policy will be updated periodically, with the updated version posted on our website www.PromachEng.com.au.

Contact Details

If you would like further information on our Privacy Policy or if you have any concerns over the protection of the information you have given to us or that we have collected from others, please contact our Privacy Officer at accounts@PromachEng.com.au

More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Australian Information Commissioner at:

Website: www.oaic.gov.au
Post: GPO Box 5218 Sydney NSW 2001
Email: enquiries@oaic.gov.au

DefinitionsÂ

In this Privacy Policy:

‘Personal Information’ has the meaning given under the Privacy Act but, in short, means information or an opinion relating to an individual that can be used to identify that individual.

‘Privacy Act’ means the Privacy Act 1988 (Cth) including the Australian Privacy Principles (‘APP’) (as amended from time to time).

‘Sensitive Information’ has the same meaning as under the Privacy Act.

‘Services’ means the goods or services provided by Promach. ‘website’ means www.PromachEng.com.au and other websites and forms of social media we manage where you post comments or we interact with you.

The meaning of any general language is not restricted by any accompanying example and the words ‘˜includes’, ‘˜including’, ‘˜such as’, ‘˜for example’ or similar words are not words of limitation.

COOKIES POLICY

This website uses cookies, pixel tags, Web Beacons, and other web technologies such as CAPTCHA’s to improve the website’s performance, to enhance your browsing experience and to protect the website against spam robots. Certain areas of the website also use cookies to understand more about you, so we can offer you more personalised browsing experience. We use a simple counter, without storing any information on your device, to count the number of visitors who accept or decline our cookies.

You can find out more about cookies and how to manage them in the information below. You can change your cookie settings and disable some or all cookies for the website at any time at [insert link]. You can also change your browser settings so that cookies cannot be placed on your device.

If you have any questions in relation to the cookies we use please contact us.

What are Web Beacons?

We advertise on third-party web sites. As part of our effort to track the success of our advertising campaigns, we may at times use a visitor identification technology such as ‘web beacons’, or ‘action tags’, which count visitors who have come to the website after being exposed to a Promach banner or job ad on a third-party site. We do not use this technology to access your personal information and it is only used to compile aggregated statistics about visitors who come to the website to gauge the effectiveness of our ads.

What is a Cookie?

A ‘cookie’ is a technology that allows the website to store tokens of information (an ‘identifier’) in your browser used by the website while you are on the website. Cookies are then sent back to the website on each subsequent visit, or to another webpage that recognises that cookie. Cookies are used in order to make the website work, or to work more efficiently, as well as to provide information to the owners of the website.

Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. Cookies may tell us, for example, whether you have visited the website before or whether you are a new visitor. They can also help to ensure that adverts you see online are more relevant to you and your interests.

When landing on this website, you have been given the opportunity to accept cookies used on the website, to accept certain categories of cookies and decline others, or to decline all cookies. If you have accepted our use of some or all cookies, the following information relates to cookies used on the website only. Please note that any consent to accept or to decline cookies is limited to this website only and not to any other pages, which may be hyperlinked to our website. For more information on cookies used by those websites, please refer to the specific privacy notice or cookie policy on those websites. If you have any questions, please contact us.

There are two broad categories of cookies:

First party cookies served directly by us to your device; and
Third-party cookies, which are served by a third party on our behalf.

Cookies can remain on your computer or mobile device for different periods of time. Some cookies are ‘session cookies’, meaning that they exist only while your browser is open. These are deleted automatically once you close your browser. Other cookies are ‘permanent cookies’, meaning that they survive after your browser is closed. They can be used by the website to recognize your computer when you open your browser and browse the Internet again.

What types of cookies do we use?Â

The website uses the cookies that perform four functions, as classified below:

Essential/strictly necessary cookies, which are essential to the functioning of the website.
Performance cookies, which help us measure the website’s performance and improve your experience. In using performance cookies we do not store any personal data, and only use the information collected through these cookies in aggregated and anonymised form;
Functionality cookies, which allow us to enhance your experience (for example by remembering any settings you may have selected);
Advertising/targeting cookies, which we use to track user activity and sessions so that we can deliver a more personalised service, and (in the case of advertising cookies) which are set by the third parties with whom we execute advertising campaigns and allow us to provide advertisements relevant to you; and
Social media cookies, which allow you to share content on social media channels (such as Facebook, LinkedIn and Twitter).

In addition, we also utilise cookies on certain pages of the website to communicate with third party data suppliers in order to extrapolate your digital behaviour. This help us to understand and target more relevant advertising in the future. The information we receive is all aggregate and anonymous, but will include statistics such as demographics, online behaviour, service or product interests and lifestyle.

Targeting and tracking cookies are provided via trusted third party suppliers. Should you require more information regarding our suppliers and how these cookies operate please contact us.

How to control or delete cookies

You have the right to choose whether or not to accept cookies and we explain how you can exercise this right below. However, please note that if you choose to refuse cookies you may not be able to use the full functionality of the website. You can change your cookie settings for at any time at [insert link].

As an alternative, you can block all cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

If you accept some or all cookies on the website you still have the option of setting your browser to notify you when you receive a cookie, so that you may determine whether to accept it or not.

Cookies that have been set in the past

If you have disabled one or more cookies, we may still use information collected from cookies prior to your disabled preference being set; however, we will stop using the disabled cookie to collect any further information.

Changes to this Cookie Policy

We recommend that you check this page from time to time to inform yourself of any changes in this Cookie Policy or any of our other policies. We may change our Cookie Policy at our discretion and without notice.

VOLUNTARY MODERN SLAVERY AND ETHICAL SOURCING POLICY

The Modern Slavery Act 2018 (Cth) (‘the Act’) does not apply to Promach (‘we’, ‘us’, ‘our’).

Nevertheless, we are committed to the respect and protection of human rights through the eradication of modern slavery.

Modern slavery encompasses situations where the freedom and rights of victims are exploited by the use of coercion, threats or deception and can include, human trafficking, slavery, servitude, forced marriage, debt bondage and child labour.

We recognise that modern slavery is a complex, global problem that requires a collaborative commitment to eradicate and we are committed to working with our business stakeholders to achieve this.

We are committed to the highest standards of conduct, transparency and ethical behaviour in all of its business activities.

Pursuant to section 6 of the Act, we have volunteered to comply for the making of annual reports on the business strategies we have in place to mitigate risks of modern slavery in our operation and associated supply chains.

The purpose of this Policy is to ensure, we:

operate in accordance with local, national and any other applicable laws and regulations;
sources product and services ethically and work collaboratively with suppliers to achieve improvement in social and environmental business practices;
implements appropriate actions to prevent, reduce and wherever possible eradicate any modern slavery in our operations or supply chain; and
voluntarily meet the legal and regulatory obligations under the Act.

This Policy applies to all directors, Employees and agents of Promach. It should be read in conjunction with the Whistleblower Policy.

Policy

Each separate legal entity and business of Promach must:

establish and adopt policies and procedures to ensure ethical sourcing and adequately address the risks of modern slavery;
ensure, to the extent possible, that all supplier contracts entered into from the date of this Policy or that are subject to renewal/extension from the date of this Policy:
- include specific terms relating to compliance with the Act and any foreign modern slavery laws that may be applicable in the location in which they operate;
- meet the Minimum Requirements as defined in Schedule 1 of this Policy;
- provide termination rights if the supplier is unable or unwilling to meet the Minimum Requirements;
use risk assessment to consider factors such as product type and country of origin, in order to monitor suppliers for compliance with the Minimum Requirements;
provide accountability for management of any risks and/or issues of modern slavery in respect of each of Promach legal entities and businesses;
demonstrate due diligence in the onboarding process of any new supplier to determine their risk level in relation to modern slavery and ethical sourcing;
ensure that appropriate training in the procedures regarding ethical sourcing and modern slavery as defined in this policy and implemented by the division/business unit, is provided to any relevant roles within the division or business unit; ‘¢ work collaboratively with suppliers to address any breach of this policy; and
monitor and perform an annual audit of the effectiveness of the risk management processes outlined above.

Reporting

It is imperative that all Employees and Promach suppliers feel free and safe to come forward when they have reasonable grounds to suspect that there is evidence of unethical behaviours or a breach of laws and obligations relating to modern slavery or ethical sourcing.

Reports can be made by:

Utilisation of the Whistleblowers Policy;
Contacting the Australian Federal Police who are responsible for investigating suspected cases of modern slavery. To discuss or report a suspected case they can be contacted 131 237.
If someone is in immediate danger or it is an emergency, if you are in Australia, please telephone (000) for police assistance.

All reports of Reportable Conduct submitted under the Whistleblower Policy will be investigated by a Whistleblower Protection Officer on a timely basis. Appropriate corrective action will be taken as warranted by the investigation.

Distribution of this Policy

This Policy is available to the public, current Employees of Promach suppliers on our website or upon request.

Amendment to this Voluntary Modern Slavery and Ethical Sourcing Policy

This Policy may be amended at any time and from time to time with the approval of the directors of Promach. Adoption of Policy This Policy was adopted by Promach on 1 July 2025 and takes effect from that date.

Definitions

In this Voluntary Modern Slavery and Ethical Sourcing Policy:

‘Act’ means the Modern Slavery Act 2018 (Cth).

‘Child Labour’ means work that is mentally, physically, socially or morally dangerous, harmful to children and/or interferes with their schooling by depriving them of the opportunity to attend, obliging them to leave school prematurely or requiring them to attempt to combine school attendance with excessively long and heavy work.

‘Promach’ means each legal entity described in the Legal Notices.

‘Employee’ includes any director, secretary, officer, employee (current or former employees who are permanent, part-time, fixed-term or temporary), volunteer, secondee or contractor (or employee).

‘International Labour Organisation’ (‘ILO’) means the tripartite U.N. agency, consisting of 187 member States , who set labour standards, develop policies and devise programmes promoting decent work for all women and men.

‘ILO Convention 138’ means the Minimum Age Convention, 1973 as set out on the ILO website.

‘Reportable Conduct’ has the same meaning given to that term in the Whistleblower Policy.

‘Whistleblower’ means an Employee or Eligible Discloser (as defined in the Whistleblower Policy) who alerts Promach and/or a regulatory authority to Reportable Conduct within Promach.

‘Whistleblower Policy’ means Promach’s current Whistleblower Policy available on the Promach website.

Schedule 1 – Minimum Requirements

No Child Labour

Suppliers will comply with all applicable local laws in regard to minimum legal working age in the country in question. If not legislated, then Convention 138 of the International Labour Organisation (ILO) shall apply.
Suppliers must verify and document the age of all employees.

No bonded or forced labour

Suppliers must:

Not use any kind of forced labour (any work demanded under threat of penalty or not freely agreed to by the worker).
Not use any bonded labour (any work with little or no pay received by the worker, but in repayment of a debt owed by themselves or another person.

Working conditions, wages and record keeping

Wages, overtime and benefits must be compliant with all applicable local laws.
Prior to commencement of employment, workers must be provided with clear written information relating to their conditions of employment, wages and benefits.
Record keeping must be accurate and transparent. ‘¢ Working environment should be safe for workers to perform their duties.

Hours of WorkÂ

Working hours must be compliant with local law and must not exceed the maximum working hours mandated by those laws.
If working hours are not legislated, then the applicable ILO convention should be applied.
Overtime will be agreed not mandated and must:
- not be excessive in hours or regularity; and
- compensated in compliance with applicable local laws.

Discrimination

Employment should be based on individual ability and suitability for the role. Conditions of employment must not be based on gender, race, religious or personal beliefs, sexual orientation, age, disability, marital status or political views.

WHISTLEBLOWER POLICY

Promach (‘we’, ‘us’, ‘our’) is committed to promoting and supporting a culture of corporate compliance and ethical behaviour.

This Whistleblower Policy promotes a culture of compliance, honesty and ethical behaviour within Promach. Promach is committed to the highest standards of conduct, transparency and ethical behaviour in all of its business activities.

Promach encourages the reporting of any instances of suspected unethical, illegal, fraudulent or undesirable conduct involving any Promach business, and will ensure that those persons who make a report shall do so without fear of intimidation, disadvantage or reprisal.

The purpose of this Policy is to:

encourage more disclosures of Reportable Conduct;
encourage a Whistleblower to raise any concerns and report instances of Reportable Conduct where there are reasonable grounds to support such action, without fear of intimidation, disadvantage or reprisal;
outline the mechanisms for the reporting and investigation of reported matters;
outline the measures in place to protect a Whistleblower;
outline the additional procedures and protections that apply to Whistleblower under the Corporations Act 2001 (Cth) (‘the Act’) in relation to the reporting of possible breaches of that Act; and
to meet Promach’s legal and regulatory obligations. It is expected that current Employees will report known, suspected or potential cases of Reportable Conduct. Failure to raise issues could result in disciplinary action for current Employees.

Policy

This Policy applies to all Whistleblowers who wish to report Reportable Conduct regarding Promach’s activities.

This Policy applies only in connection with Reportable Conduct. This Policy does not apply to current Employee grievances or any complaints of injustice in the assessment of any current Employee’s performance or disciplinary procedures.

The definition of Reportable Conduct is set out below and should be considered prior to making a report. This Policy does not prevent a Whistleblower from reporting Reportable Conduct to a regulator under an applicable law or prudential standard.

Although not dealt with in this Policy, this policy does not prevent disclosures pertaining to tax matters being made in accordance with Part IVD of the Taxation Administration Act 1953 (Cth). For further information about the protections under the tax whistleblower regime, see the webpage of the Australian Taxation Office (‘ATO’) on tax whistleblowers.

Reporting

Whistleblowers can report Reportable Conduct to our Whistleblower Protection Officer:

John Parrington
Director
jparrington@comtec.com.au

It is our preference that a Whistleblower raises reports with a Whistleblower Protection Officer.

However, an Eligible Discloser may also raise the matter with an ‘officer’ or ‘senior manager’ of Promach.

These are defined in the Corporations Act 2001 (Cth) as ‘a director, or a senior manager in the company who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the company, or who has the capacity to affect significantly the company’s financial standing.’ Reports will be kept confidential to the extent possible, subject to legal and regulatory requirements. A Whistleblower can choose to remain anonymous while making a disclosure, over the course of an investigation and after the investigation has finalised. A Whistleblower may refuse to answer questions that they feel could reveal their identity at any time, including follow-up conversations. A Whistleblower who wishes to remain anonymous should maintain ongoing two-way communication with Promach so that we can ask follow-up questions or provide feedback.

Reports can be made anonymously, if required, by sending written reports directly to the Whistleblower Protection Officer.

If a Whistleblower chooses to disclose Reportable Conduct anonymously, this may hinder the ability of Promach to fully investigate the matter or contact the Whistleblower. Disclosures that involve a threat to life or property, illegal activities or legal action against Promach may require actions that do not allow for complete anonymity.

All reports of Reportable Conduct will be investigated by a Whistleblower Protection Officer on a timely basis. Appropriate corrective action will be taken as warranted by the investigation.

The Whistleblower Protection Officer is responsible for:

determining whether a report qualifies for protection and whether a formal, in-depth investigation is required;
coordinating the investigation into any report received from a Whistleblower;
documenting and handling all matters in relation to the report and investigation (noting that the methods for documenting and reporting any findings will depend on the nature of the report); and
finalising all investigations.

The timeframes for each of the above will vary depending on the nature of the disclosure.

The Whistleblower Protection Officer will, at all times, have direct and unrestricted access to reasonable financial, legal and operational assistance when this is required for any investigation.

Rights of person who is alleged to have acted improperly

A person who is the subject of an investigation is entitled to be:

informed as to the substance of any adverse comment that may be included in a report or other document arising out of any such investigation; and
given a reasonable opportunity to put their case to the Whistleblower Protection Officer who is investigating the report.

Whistleblower will be kept appropriately informed

Where possible, and assuming the Whistleblower is not anonymous and can be contacted, the Whistleblower:

will be kept appropriately informed of the progress of action taken in respect of their report; and
at the conclusion of the investigation, will be informed of the outcome (however, there may be circumstances where it may not be appropriate to provide details of the outcome to the Whistleblower).

Confidentiality

We and any persons receiving report will not disclose particulars of reported matters that would suggest the identity of the Whistleblower without obtaining the Whistleblower’s prior consent, subject to any requirements of applicable law. Any such disclosure to which the Whistleblower consents will be made on a strictly confidential basis.

All files and records created from an investigation will be retained under strict security. The unauthorised release of information without a Whistleblower’s consent to any person not involved in the investigation is a breach of this Policy, subject to any requirements of applicable law.

Support for Whistleblower

Promach will have the following measures in place in order to protect the confidentiality of the Whistleblower’s identity:

all personal information or reference to the Whistleblower witnessing an event will be redacted;
the Whistleblower will be referred to in a gender-neutral context;
where possible, the Whistleblower will be contacted to help identify certain aspects of their disclosure that could inadvertently identify them;
disclosures will be handled and investigated by qualified staff;
all paper and electronic documents and other materials relating to disclosures will be stored securely;
access to all information relating to a disclosure will be limited to those directly involved in managing and investigating the disclosure;
only a restricted number of people who are directly involved in handling and investigating a disclosure will be made aware of a Whistleblower’s identity (subject to the Whistleblower’s consent) or information that is likely to lead to the identification of the Whistleblower;
communications and documents relating to the investigation of a disclosure will not to be sent to an email address that can be accessed by other staff;
each person who is involved in handling and investigating a discloser will be reminded about the confidentiality requirements, including that an unauthorised disclosure of a Whistleblower’s identity may be a criminal offence.

Promach will have the following measures in place in order to protect the Whistleblower from detriment:

processes for assessing the risk of detriment against a Whistleblower and other persons (e.g., other staff who might be suspected to have made a disclosure), which will commence as soon as possible after receiving a disclosure;
counselling services (available to current Employees); and
strategies to help a current Employees minimise and manage stress, time or performance impacts, or other challenges resulting from the disclosure or its investigation.

A Whistleblower may seek independent legal advice or contact regulatory bodies, such as ASIC, APRA or the ATO, if they believe they have suffered detriment.

Fair treatment for individuals mentioned in a Report

Promach has the following measures in place for ensuring fair treatment of individuals mentioned in a report, including that subject of a report, of Reportable Conduct by a Whistleblower:

reports will be handled confidentially when it is practical and appropriate in the circumstances;
each report will be assessed and may be the subject of an investigation;
the object of an investigation is to determine whether there is enough evidence to substantiate or refute the matters reported;
when an investigation needs to be undertaken, the process will be objective, fair and independent;
a current Employee who is the subject of a disclosure will be advised about the subject matter of the disclosure as and when required by the principles of natural justice and procedural fairness and prior to any actions being taken; and
a current Employee who is the subject of a disclosure may contact Promach’s counselling services, if applicable.

Protection of a Whistleblower

Whistleblowers that report a concern in good faith under this Policy will not be personally disadvantaged by:

dismissal;
injury in employment;
alteration of their position or duties to their disadvantage;
any form of harassment or intimidation;
discrimination from an Employee;
harm or injury, including psychological harm;
damage to their property;
damage to their reputation;
damage to their business or financial position; or
any other damage.

The Whistleblower is not, however, protected from civil or criminal liability for any of his or her conduct which may be revealed by the report. However, if a Whistleblower reports such conduct and actively cooperates in an investigation in which they may be implicated, there may be some cases where the fact that they have made a report will be taken into account as a mitigating factor when determining actions which may be taken against them.

Protection under the Corporations Act

The Act provides additional protections in relation to the reporting of a possible contravention of the Act and other legislation.

A disclosure of information by a person qualifies for protection under the Corporations Act 2001 (Cth) if (‘Qualifying Disclosure’):

the person is:
- an Employee;
- an individual who supplies services or goods to Promach (whether paid or unpaid), including their employees (e.g. current and former contractors, consultants, service providers and business partners);
- an individual who is an associate of Promach; or
- a relative, dependent, or dependent of a spouse of, an individual referred to in paragraphs above (each an Eligible Discloser); and
the disclosure is made to:
- ASIC, APRA or another Commonwealth Body prescribed under the Act;
- Promach’s accountant, auditor, or a member of the audit team;
- a director, secretary or senior manager of;
- a person authorised by Promach to receive disclosures of that kind (that is, a Whistleblower Protection Officer); or
- a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of the whistleblower provisions in the Act;
the Whistleblower has reasonable grounds to suspect that the information:
- concerns misconduct, or an improper state of affairs or circumstances, in relation to Promach; or
- indicates that that Promach or any of its Employees have engaged in conduct that constitutes an offence against, or contravention of, a provision of any of the following:
  - the Act;
  - the Australian Securities and Investments Commission Act 2001 (Cth);
  - the Banking Act 1959 (Cth)
  - the Financial Sector (Collection of Data) Act 2001 (Cth);
  - the Insurance Act 1973 (Cth);
  - the Life Insurance Act 1995 (Cth);
  - the National Consumer Credit Protection Act 2009 (Cth);
  - the Superannuation Industry (Supervision) Act 1993 (Cth);
  - the Modern Slavery Act 2018 (Cth);
- an instrument made under any Act referred to above;
- constitutes an offence against any other law of the Commonwealth that is punishable by imprisonment by imprisonment for a period of 12 months or more; or
- represents a danger to the public or the financial system.

If these conditions are met, the Act provides the following protections to the Whistleblower:

The Whistleblower is not subject to any civil, criminal or administrative liability (including disciplinary action) for making the disclosure (however, this protection does not grant immunity for any misconduct that the Whistleblower has engaged in that is revealed in their disclosure).
No contractual or other remedy may be enforced or exercised against a Whistleblower on the basis of the disclosure, and a contract to which the Whistleblower is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.
In some circumstances, the disclosure is not admissible in evidence against the Whistleblower in criminal proceedings or in proceedings for the imposition of a penalty, other than proceedings in respect of the falsity of the disclosure.
The Whistleblower is protected from actual or threatened detriment because of the report (refer to section 1317ADA of the Act for a definition of ‘detrimental conduct’) and may receive compensation for any damage caused by such detriment.

Confidentiality and non-disclosure

Subject to limited exceptions, the person to whom the disclosure is made must not disclose the substance of the report, the Whistleblowers identity or information likely to lead to identification of the Whistleblower.

In addition, neither the Whistleblower nor any other person will be required:

to disclose to a court or tribunal:
- the identity of the Whistleblower; or
- information that is likely to lead to the identification of the Whistleblower; or
to produce to a court or tribunal a document containing:
- the identity of the Whistleblower; or
- information that is likely to lead to identification of the Whistleblower; except where:
it is necessary to do so for the purposes of giving effect to the protections under the Act or this Policy); or
the court or tribunal thinks it necessary in the interests of justice to do so. Promach is committed to full compliance with these protective provisions.

Public Interest Disclosure

A public interest disclosure by a Whistleblower qualifies for protection under the Act if:

the Whistleblower has previously made a report regarding the same conduct, and that report qualifies for protection under this Policy;
at least 90 days have passed since the previous report was made;
the Whistleblower does not have reasonable grounds to believe that action is being, or has been, taken to address the matters to which the previous disclosure related;
the Whistleblower has reasonable grounds to believe that making a further disclosure of the information would be in the public interest (‘Public Interest Disclosure’);
after the end of the time period referred to above, the Whistleblower gives the person to whom the previous report was made a written notification that:
- includes sufficient information to identify the previous report; and
- states that the Whistleblower intends to make a Public Interest Disclosure;
the Public Interest Disclosure is made to a member of the Parliament of the Commonwealth, the Parliament of a State or the legislature of a Territory or a Journalist; and
the extent of the information disclosed in the Public Interest Disclosure is no greater than is necessary to inform the recipient of the misconduct or the improper state of affairs or circumstances in relation to Promach or other matters.

A Whistleblower must understand the criteria for making a Public Interest Disclosure. Therefore, a Whistleblower should obtain independent legal advice before making a public interest disclosure.

Emergency Disclosure

An emergency report by a Whistleblower qualifies for protection under the Act if:

the Whistleblower has previously made a report regarding the same conduct, and that report qualifies for protection under this Policy;
the Whistleblower has reasonable grounds to believe that there is a substantial and imminent danger to the health or safety of one or more persons or to the natural environment (‘Emergency Disclosure’);
the Whistleblower gives the person to whom the previous report was made a written notification that:
- includes sufficient information to identify the previous report; and
- states that the Whistleblower intends to make an Emergency Disclosure; and
- the Emergency Disclosure is made to a member of the Parliament of the Commonwealth, the Parliament of a State or the legislature of a Territory or a Journalist; and
the extent of the information disclosed in the Emergency Disclosure is no greater than is necessary to inform the recipient of the substantial and imminent danger.

A Whistleblower must understand the criteria for making an emergency disclosure. Therefore, a Whistleblower should obtain independent legal advice before making an emergency disclosure.

Personal work-related grievances

A report by a Whistleblower does not qualify for protection under the Act to the extent that the information disclosed:

concerns a grievance about any matter in relation to the Whistleblowers employment, or former employment, having (or tending to have) implications for the Whistleblower personally;
does not have significant implications for Promach (that do not relate to the Whistleblower); and
A personal work related grievance may still qualify protection under the Act if: o it includes information about misconduct includes or is accompanied by a personal work-related grievance (mixed report);
- Promach has breached employment or other laws punishable by imprisonment for a period of 12 months or more, engaged in conduct that represents a danger to the public, or the disclosure relates to information that suggests misconduct beyond the discloser’s personal circumstances;
- the Whistleblower suffers from or is threatened with detriment for making a report; or
- the Whistleblower seeks legal advice or legal representation about the operation of the whistleblower protections under the Act. Distribution of this Policy This Policy is available to the public, current Employees of Promach’s suppliers on our website or upon request.

Changes to this Whistleblower Policy

This Policy may be amended at any time and from time to time with the approval of the directors of Promach.

Adoption of Policy

This Policy was adopted by Promach on the 1 July 2025 and takes effect from that date.

Definitions

In this Whistleblower Policy:

‘Act’ means the Corporations Act 2001 (Cth).

‘ASIC’ means the Australian Securities and Investments Commission.

‘Promach’ means each legal entity described in the Legal Notices.

‘Eligible Discloser’ has the meaning given to it in this Policy. ‘Employee’ includes any director, secretary, officer, employee (current or former employees who are permanent, part-time, fixed-term or temporary), volunteer, secondee or contractor (or employee of a contractor) of Promach.

‘Reportable Conduct’ means conduct that is illegal, unacceptable or undesirable, or the concealment of such conduct. It includes conduct that:

is against the laws of Australia or is a failure by Promach to comply with any Australian legal or regulatory obligation applicable to Promach;
is dishonest, fraudulent or corrupt;
is coercion, harassment, victimisation or discrimination;
is money laundering or involves misappropriation of funds;
is misleading or deceptive conduct of any kind (including conduct or representations which amount to improper or misleading accounting or financial reporting practices either by, or affecting, Promach);
is potentially damaging to Promach, an Employee or a third party, including unsafe work practices, environmental damage, health risks or substantial wasting of Promach resources;
may cause financial loss to Promach or damage its reputation or be otherwise detrimental to Promach;
is a danger, or represents a danger, to the public or financial system;
involves any other serious impropriety; or
is a Qualifying Disclosure,

For the avoidance of doubt, Reportable Conduct does not include workplace conduct that may arise from time to time which, whilst personally disagreeable to an individual, is not represented by the above categories.

‘Whistleblower’ means an Employee or Eligible Discloser who alerts Promach and/or a regulatory authority to Reportable Conduct within Promach..

‘Whistleblower Protection Officer’ means the persons nominated by the Promach from time to time whose key responsibilities include protecting Whistleblowers who report concerns under this Policy.

DIVERSITY AND INCLUSION POLICY

Promach (‘we’, ‘us’, ‘our’) is committed to supporting and ensuring an inclusive work environment in which everyone is treated fairly, and with respect and dignity.

The purpose of this Policy is to support and facilitate an inclusive environment that embraces all that makes us different and recognises the benefits that these differences make.

These differences can include gender, marital or family status, sexual orientation, gender identity, age, disabilities, ethnicity, nationality, religious beliefs, cultural background, socio- economic backgrounds, perspectives, experiences, and other areas of potential difference.

Our diversity and inclusion philosophy aims to:

attract, retain and engage employees from the widest possible pool of talent;
foster a culture that reflects our values;
ensure an inclusive and safe environment that supports wellbeing, and inspires innovation, creativity and critical thinking;
create a dynamic environment that leads to higher performance and greater employee engagement and satisfaction; and
actively leverage the diversity of our workforce to anticipate the needs of our clients, our employees and the community.

This Policy covers all of our employees, contractors and consultants.

What is diversity and inclusion?

We are committed to a culture that embraces and fosters diversity and inclusion.

Diversity encompasses differences in backgrounds, qualifications and experiences, and also differences in approach and viewpoints. We ensure that individuals are provided with equal opportunity, while also creating opportunities for those groups that may be disadvantaged.

Inclusion means that employees operate in an environment where difference is respected and actively leveraged to challenge how our business better evolves to meet the needs of our clients.

We have a strong commitment to diversity and inclusion and the fundamental principle that all employees should be able to equally participate in our workforce, management and senior executive.

Our leaders are committed to providing opportunities that allow all employees to reach their full potential.

Support and Promotion of Diversity and Inclusion

We support and promote diversity and inclusion with a number of additional policies. Please contact should you wish for further information.

Reporting

Promach entities with 100 or more employees are covered under the Workplace Gender Equality Act 2012 (Cth) (‘the Act’) and required to report to that Agency.

Distribution of this Policy

This Policy is available to the public, current Employees of Promach, clients and suppliers on our website or upon request.

Amendment to this Diversity and Inclusion Policy

This Policy may be amended at any time and from time to time with the approval of the directors of Promach.

Adoption of Policy

This Policy was adopted by Promach on the 1 July 2025 and takes effect from that date.

Definitions

In this Diversity and inclusion Policy:

‘Act’ means the Workplace Gender Equality Act 2012 (Cth).

‘Promach’ means each legal entity described in the Legal Notices.

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