Terms and Conditions

Privacy Policy and Website T&Cs

For the purpose of this Privacy Policy, the Hickory Group is comprised of the following companies:

- Hickory Constructions Group Pty Ltd ACN 616 961 196;

- Hickory Customer Care Pty Ltd as trustee for Hickory Customer Care Unit Trust ABN 77 137 600 384;

- Hickory Building Systems Pty Ltd ABN 80 134 548 468;

- Hickory HR Pty Ltd as trustee for Hickory HR Unit Trust ACN 66 149 159 544; and

- Chil South Melbourne Pty Ltd as trustee for Chil South Melbourne Unit Trust ABN 31 245 631 082

(together and separately (as applicable) Hickory Group, we, us, our). 

We are bound by the Privacy Act 1988 (Cth) (Privacy Act) and must comply with the Australian Privacy Principles (APPs). You can find out more information about the Privacy Act and the APPs at the Office of the Australian Information Commissioner’s website at www.oaic.gov.au.

We have developed this Privacy Policy to inform you of how we manage your personal information.

By providing personal information to us, you are taken to have read, and consent to the collection, use disclosure and handling of your personal information in accordance with this Privacy Policy.

1. How we collect your personal information

Personal information has the meaning given to that term in the Privacy Act 1988 (Cth) (Privacy Act) and includes information or an opinion (whether true or not) about an identified individual, or an individual who is reasonably identifiable.

We aim to collect personal information only if it is reasonably necessary to providing the service, product or information you have requested from us.

In the course of providing you with products and services, Hickory Group collects personal information in a variety of ways. Unless it is unreasonable or impracticable to do so, we collect your personal information from you directly. In some cases however, we will collect information about you from a third party. For example, if you are:

- the owner of an apartment or commercial premises in a Hickory built development (Property), we may collect personal information about you from the developer for your Property, or from the real estate agent or property manager that is managing your Property; or

- if you occupy a Hickory Property, we may collect your personal information from the real estate agent or property manager that is managing that Property.

At the time of collection, or as soon as practicable after we have collected it, we will take such steps as are reasonable in the circumstances to notify you of the collection and of any matters relevant to the collection, unless it is obvious from the circumstances that you would know or would expect us to have the information.

Hickory Group may collect personal information about you when you:

- purchase a Property from a developer;

- attend a pre-settlement inspection for your Property;

- make a complaint or lodge a report about a defect in your Property;

- engage with our business and its employees in the course of receiving products or services from us;

- visit our websites, www.hickory.com.auwww.buildersassurance.hickory.com.au or any other websites specifically established for a property (inlcuding https://68clarkestreet.com/) (websites);

- make an enquiry about our products or services (including through our social media channels or Websites);

- apply as a candidate for a position of employment with Hickory Group (Candidate);

- asked to be placed on one of our mailing lists; and

- supply goods or services to Hickory Group

If you are a real estate agent, specialist trade supplier, or another third party supplier of products or services to Hickory Group Property (Supplier), we may also collect personal information about you from your employer or the contractor to whom you provide goods or services.

Hickory’s Collection Notice can be viewed here https://www.hickory.com.au/docs/hickory-group-collection-notice.pdf

2. What personal information we collect about you

If you are the owner or tenant of a Property, we may collect the following information about you:

- name;

- address (and Property address);

- email address;

- telephone number and other contact details; and

- details about you to assist in managing our relationship with you.

If you are a Supplier we may also collect details about the business that you represent.

If you are a Candidate, we may also collect details about you to assist with the recruitment process. We may collect this information from you directly, or from a recruiter.

In addition to the information set out above, when you make an enquiry about a Property and/or services (including on our Website), provide us with feedback, asked to be placed on one of our mailing lists, or supply goods or services to Hickory Group, we may also collect and hold details of the products or services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries.

For each visitor to our Website, we may also collect the following non-personally identifiable information using third party website analytics providers:

- browser type, version and language;

- operating system;

- pages viewed while browsing the Website; and

- page access times and referring website address.

3. How We Use Cookies  

In addition to collecting information through third party website analytics providers, we may use cookies on some areas of our Websites. A cookie is a small file saved on your computer’s hard drive. When you return to our Websites, the data saved in the cookie is sent back to the website. We use cookies to gauge visitor traffic, trends and to help us serve you more efficiently if you revisit the Websites. The cookies we use in no way give us access to your computer or any information about you, other than the information you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our Websites.

4. Purpose of collection

If you are owner or tenant of a Property we collect your personal information primarily to:

- provide you with the goods, services and information that you request from us;

- provide you with information about Hickory Group’s products and services;

- suggest Hickory Group products and services to you; and

- otherwise manage our relationship with you.

If you are a Supplier, we will collect your personal information primarily to contact you for business purposes and manage our relationship with you or your organisation.

If it is reasonable to expect that we would use or disclose your personal information for purposes which are related to the above primary purposes, we may also use or disclose your personal information to:

- assist you with enquiries or complaints;

- develop and improve our client service and relationships;

- promote, advertise and market any of our products and services, including to invite you to events or activities hosted by Hickory Group;

- to comply with our legal obligations (including to comply with any law or any lawful request of a law enforcement agency or government authority), resolve any disputes that we may have with any of our clients and enforce our agreements with third parties such as your employer;

- for internal marketing reporting purposes;

- inform you of developments at Hickory Group and other services that we can provide.

We may use information collected through our website or from third party website analytics providers for the purpose of measuring the success of our marketing strategy and ensuring that our marketing delivers only relevant content to you.

Direct Marketing

We may use your name, email address and telephone number for direct marketing purposes. Where possible, we will provide you with a choice to opt-out of any of our marketing communications. We will respect your request to decline to receive these marketing communications.

5. Sharing of your personal information

If you are the owner or tenant of a Property, we may disclose your personal information to:

- the real estate agent or property manager that is managing your Property;

- the developer of your Property;

- third party suppliers of specialist trade services;

- external providers of services that we may use to operate our business and manage our business systems (for example, this may include file storage service providers, database and mailing service providers, marketing service providers; couriers and/or freight service providers, printers, call centres, providers of payment processing services and IT technicians who may need access when providing on-site support (although it is our practice for them to work under supervision));

- our professional advisors and agents.

If you are a Supplier, we may disclose your personal information to your employer, colleagues or the contractor to whom you provide services.

If you make an enquiry through one of our Websites that is established for a Property, we may provide your personal information to our leasing agents that we are engaged in relation to that Property.

We may disclose your personal information to these third parties so that they can assist us with providing the best possible service to you or your employer.

Those third parties will be permitted to access only the personal information they need to deliver the service to Hickory Group or to you. Hickory Group takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Each entity in the Hickory Group may also disclose your personal information to other companies within the Hickory Group (which are listed above).

We are not likely to disclose information to overseas recipients unless it is with your consent, or the disclosure is required or authorised by law.

The privacy and collection practices of entities to which we disclose personal information are governed by their own privacy policies and collection notices.

We will not otherwise disclose information about you unless the disclosure:

- is required or authorised by law; or

- you have consented to our disclosing the information about you.

6. Quality of your personal information

We aim to ensure that your personal information is accurate, complete and up to date. To assist us in this, you need to provide true, accurate, current and complete information about yourself as requested and properly update the information to us to keep it true, accurate, current and complete. 

If you believe that the information we hold is inaccurate or incomplete, please contact us and we will use all reasonable efforts to correct the information. 

If we do not believe the information to be incorrect, we will take reasonable steps to add a statement to the information claiming that you believe the information is inaccurate, incomplete, out of date.

7. Securing your personal information

We may hold your personal information in electronic or hard copy form. We take reasonable precautions to protect your personal information from misuse, interference and loss, as well as from unauthorised access, modification or disclosure. We use a number of physical, administrative, personnel and technical measures to protect your personal information.

We will retain your personal information as required by law, and then take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed.

8. Changes to this Privacy Policy

Hickory Group reserves the right to make amendments to this Privacy Policy at any time for any reason. We will publish any updated Privacy Policy on our Website.

9. Accessing and correcting your personal information

You have a right to request access to, or the correction of, your personal information that we hold about you, subject to exceptions allowed by law. You may be required to put your request in writing for security reasons.   

We will give you access to, or correct, your personal information unless there is a lawful reason for refusing your request for access or correction. If we refuse your request we will give you a written notice explaining our reasons for that refusal and how you may complain about that refusal.  

10. Change in control of Hickory Group

If we sell or otherwise transfer part or the whole of Hickory Group or our business to another organisation (including in the course of a transaction like a sale, merger or acquisition or as part of a dissolution, liquidation, administration, receivership or other form of insolvency), you agree that your personal information that is collected by Hickory Group may be disclosed to a third party, prospective buyer, transferee or insolvency practitioner and that this is reasonable to enable that party to continue or manage the business.

11. Complaints 

If you have a complaint about our collection, use or disclosure of your personal information, or you wish to make a complaint about a breach of the APPs, please contact our Privacy Officer at the details set out below.

In your complaint, please set out the details of your complaint and your contact details. Our Privacy Officer will contact you to acknowledge your request and ask for any other applicable information. Our Privacy Officer will then investigate the issue and advise you in writing of the outcome.

You can also make a complaint to the Office of the Australian Information Commissioner. Further information is available at www.oaic.gov.au.

12. Contacting us

If you have any questions about this Privacy Policy or our privacy practices, would like to make a complaint or request access to or correction of your personal information, please contact us by any of the following means.

Our contact details in respect of any issues in relation to privacy are:

Telephone +61 3 9429 7411

Email privacy@hickory.com.au

Post
Attn: Privacy Officer
Hickory Group
1/101 Cremorne St, Richmond VIC 3121

Website Terms and Conditions 

By using or accessing any part of this website (Site) or its material, you agree to be bound by the terms, conditions and disclaimers contained in this notice. Hickory Group, Hickory Building Systems and Sync Building Systems (Hickory) reserves the right to add, delete, or modify any of these terms and conditions at any time without notice to you. In such circumstances, amendments will be effective immediately. Your continued use of this Site will represent an agreement by you to be bound by the amended terms and conditions. If you do not agree with any of the terms, conditions and disclaimers in this notice, please do not use or access our Site.

Applicable Law

These terms and conditions are governed by the laws in force in the State of Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria in relation to any legal proceeding in respect of this agreement or the use of this Site.

If any provision in these terms and conditions is held to be invalid, unenforceable or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from the provision which is determined invalid, unenforceable or illegal. In such circumstances, the term shall be read down to the extent of the invalidity, unenforceability or illegality.

Hickory makes no representation that the content of this Site complies with the laws of any country outside Australia. It is therefore your responsibility to ensure that the Site complies with the relevant laws at the place in which you reside.

Trade Marks and Copyright

Hickory either owns or is licensed to use all trademarks appearing on this Site, including copyright and other intellectual property rights.

Accuracy

The information and materials provided on this Site are correct and accurate at the time of publication. Although we endeavour to ensure that this website is up-to-date, and conduct reviews from time to time, we do not guarantee that this Site is free from delays, errors or omissions that could affect its currency and / or accuracy.

We provide this Site and its content on an “as is” basis, and without any representation or warranty of any kind. We are not liable for any error, delay or omission in the information provided.

Security

Hickory has taken all reasonable steps to protect any such information prescribed from data transmissions, however we cannot guarantee that all information that is transmitted to us it totally secure. Accordingly, any information that is transmitted to us is transmitted at your own risk.

Hickory makes no warranty that the functionality of the Site will be uninterrupted or error free, that defects will be correct or that the Site or the server that makes it available, are free from viruses or anything else which may be harmful or destructive.

You must not upload, post, email or otherwise transmit any form of material or information that is considered to be confidential, misleading, deceptive, advertising, marketing or promotional in which you do not have the right to transmit, including material which is protected by copyright, patent, trade mark, service mark or any other proprietary mark, without first obtaining Hickory’s permission.

You must not upload post, email or otherwise transmit material which contains any viruses or other harmful or potentially harmful code.

Use of Information on our website

Commercial use of this Site is strictly prohibited. You must not upload, reproduce, distribute, display, publish, and create derivative works from any part of this Site for commercial purposes without written consent from Hickory.

You must not publish any material or communication in any form that is considered to be inappropriate or offensive. We reserve the right to delete any information, material or communication which we determine to be inappropriate or offensive.

Third Party Sites and Advertising

The Site may contain links to third party websites that are controlled and maintained by others. Hickory does not endorse or approve either expressly or impliedly, the sites, content, conditions, products or services provided by third parties that may be linked to, or accessed from, our Site. You agree and acknowledge that you access these websites at your own risk.

Limitation of Liability and Indemnity

To the extent permitted by the law, we exclude all representations and warranties, express or implied, other than those contained in the terms and conditions. Where we are found to be liable for breach of any warranty or condition implied by statute and which we cannot lawfully exclude, our liability is limited to the extent permitted by the law.

To the extent permitted by the law, Hickory will not be liable for any indirect or consequential loss or damage whatever, including but not limited to loss of business, opportunity, data and profits, arising out of or in connection with the use of this Site.