Privacy policy.

Our Commitment to Privacy

Embark Earthworks & Landscaping is committed to protecting your privacy. This Privacy Policy explains how we collect, use, store, and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

The Privacy Act 1988

The Privacy Act 1988 (Privacy Act) is an Australian law that regulates the handling of personal information about individuals. Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable.

The Privacy Act includes thirteen Australian Privacy Principles (APPs). The APPs set out standards, rights and obligations for the handling, holding, use, accessing and correction of personal information. The APPs regulate how organisations can collect, hold, use and disclose personal information and how you can access and correct that information. The APPs only apply to information about individuals, not information about corporate entities such as businesses, firms or trusts.

More information available here.

Information Covered Under This Privacy Policy

This privacy policy has been developed in accordance with APP 1 and embodies our commitment to protecting the privacy of personal information. It covers how we collect and handle personal information in the course of providing earthworks, excavation, drainage, and landscaping services.

This privacy policy is not intended to cover our handling of commercially sensitive information or other information that is not personal information as defined in the Privacy Act.

What Personal Information We Collect

In the course of providing our services, we may collect and hold the following types of personal information:

Contact Information:

  • Your name

  • Property address and service location

  • Postal address (if different)

  • Phone number(s)

  • Email address

Project Information:

  • Details about your earthworks, excavation, or landscaping project

  • Property details and site conditions

  • Photos and videos of your property (taken during site visits and project work)

  • Measurements and site assessment data

Financial Information:

  • Payment details for quotes and deposits

  • Bank account details (if providing refunds)

  • Invoice and payment history

  • ABN (if you're a business customer)

Booking Information:

  • Appointment dates and times

  • Communication preferences

  • Calendar booking details

Communication Records:

  • Records of phone calls, emails, SMS messages, and other communications with us

  • Feedback, reviews, and testimonials you provide

  • Any complaints or concerns you raise

We do not collect sensitive information (such as health information, racial or ethnic origin, political or religious beliefs, sexual orientation, or criminal records) unless specifically required for a particular project purpose and with your explicit consent.

How We Collect Personal Information

We collect personal information in several ways:

Directly From You:

  • When you contact us by phone, email, SMS, or through our website contact forms

  • When you request a quote or book a site visit through our online scheduling system

  • When you make a payment or booking deposit

  • During face-to-face meetings and site visits

  • When you engage us to perform earthworks or related services

From Third Parties (with your consent):

  • From your builder, landscaper, or other contractors working on your project

  • From your real estate agent or property manager

  • From other professionals involved in your project

Automatically:

  • Through our website we use cookies and analytics tools

  • From our booking and scheduling software

  • From email marketing platforms (if you subscribe to updates)

During Our Work:

  • Photos and videos taken of your property during site assessments and project work

  • Site measurements and observations recorded during visits

By providing your personal information to us or by using our services, you consent to the collection of that information.

Why We Collect Your Personal Information

We collect personal information for the following purposes:

Service Delivery:

  • To provide quotes and estimates for earthworks services

  • To schedule and conduct site visits and assessments

  • To perform earthworks, excavation, drainage, and landscaping services

  • To communicate with you about your project

  • To coordinate with other contractors or professionals on your project

Business Operations:

  • To process payments and manage invoicing

  • To maintain accurate business records

  • To manage bookings and appointments

  • To respond to inquiries and customer service requests

Quality and Improvement:

  • To document our work through photos and videos (for quality assurance and our portfolio)

  • To improve our services based on customer feedback

  • To resolve complaints or concerns

Marketing (with your consent):

  • To send you information about our services

  • To seek testimonials or reviews

  • To share project photos in our marketing materials (with your permission)

Legal Compliance:

  • To comply with legal obligations, including taxation and business regulations

  • To maintain records required by law

  • To respond to lawful requests from authorities

How We Use and Disclose Your Personal Information

Primary Use:
We use your personal information primarily for the purpose for which it was collected (as outlined above).

Secondary Use:
We will only use your personal information for secondary purposes where:

  • You have consented to the secondary purpose

  • The secondary purpose is related to the primary purpose, and you would reasonably expect us to use the information for that purpose

  • It is required or authorised by law

  • It is necessary to prevent a serious threat to safety

Who We May Share Your Information With:

We may disclose your personal information to:

  • Other contractors and tradespersons involved in your project (builders, landscapers, concreters, plumbers, etc.) as necessary to coordinate work

  • Payment processors to facilitate deposits and payments

  • Booking and scheduling software providers to manage appointments

  • Our accountant or bookkeeper for business accounting purposes

  • Legal or financial advisors, when required for business operations

  • Law enforcement or government authorities, when required by law

We do not sell, rent, or trade your personal information to third parties for marketing purposes.

Photos and Videos:
Photos and videos taken of your property may be:

  • Used internally for quality assurance and project documentation

  • Shared with other contractors on your project (with your knowledge)

  • Used in our marketing materials (website, social media, promotional materials) only with your express written permission

You have the right to refuse permission for marketing use of photos/videos without affecting our service to you.

Storage and Data Security

How We Store Information:
We hold personal information in both paper-based and electronic records, including:

  • Physical files and documents

  • Computer systems and databases

  • Cloud-based software and storage systems

  • Email and communication platforms

  • Booking and scheduling software

  • Mobile devices (phones, tablets)

Security Measures:
We take reasonable steps to protect your personal information from:

  • Loss or unauthorised access

  • Misuse, modification, or disclosure

  • Interference or damage

Security measures include:

  • Password-protected systems and devices

  • Secure cloud storage with reputable providers

  • Restricted access to information (only authorised personnel have access)

  • Secure disposal of physical documents when no longer needed

  • Regular backups of electronic data

Data Retention:
We retain your personal information for as long as necessary to:

  • Provide our services to you

  • Comply with legal and taxation requirements (typically 7 years for financial records)

  • Resolve any disputes or legal matters

After this period, we will securely destroy or de-identify your personal information.

Electronic Communication and Website Privacy

Email and Online Communication:
There are inherent risks associated with transmitting information over the internet, including via email. While we take reasonable precautions, we cannot guarantee the security of information transmitted electronically. If you are concerned about this, you may use other methods such as phone or postal mail.

Website:
Our website may use:

  • Cookies to improve user experience

  • Analytics tools to understand how visitors use our site

  • Contact forms to collect inquiry information

You can adjust your browser settings to refuse cookies, though this may affect website functionality.

Email Marketing:
If you subscribe to our mailing list:

  • We will only use your email address for the purpose you provided it

  • You can unsubscribe at any time using the link in our emails

  • We will not share your email address with third parties for their marketing purposes

Data Quality

We take reasonable steps to ensure that the personal information we collect, use, and disclose is:

  • Accurate and up-to-date

  • Complete and relevant

  • Not misleading

If you believe any information we hold about you is inaccurate, incomplete, or out-of-date, please contact us and we will take reasonable steps to correct it.

Accessing and Correcting Your Personal Information

Your Rights:
Under the Privacy Act, you have the right to:

  • Request access to the personal information we hold about you

  • Request correction of personal information that is inaccurate, out-of-date, incomplete, irrelevant, or misleading

How to Request Access or Correction:
To request access to or correction of your personal information:

  1. Contact us in writing via Email: hello@embarkearthworks.au

  2. Specify what information you wish to access or correct

  3. Provide verification of your identity (to protect your privacy)

Our Response:
We will respond to your request within 7 calendar days.

Reasons We May Refuse:
In some circumstances, we may refuse access or decline to correct information where permitted by the Privacy Act, including:

  • Providing access would pose a serious threat to life, health, or safety

  • Providing access would have an unreasonable impact on the privacy of others

  • The request is frivolous or vexatious

  • The information relates to legal proceedings

  • Providing access would be unlawful

If we refuse your request, we will provide you with a written notice explaining our reasons.

If We Refuse Correction:
If we refuse to correct your personal information, you may request that we attach a statement to the information noting that you believe it is inaccurate, out-of-date, incomplete, irrelevant, or misleading.

Unsolicited Information

Sometimes we may receive personal information we did not request. If this occurs, we will:

  • Determine within a reasonable period whether we could have collected this information under the Privacy Act

  • If we could not have collected it, we will destroy or de-identify the information as soon as practicable (unless legally required to retain it)

  • If we could have collected it, we would have handled it in accordance with this Privacy Policy

Accidental or Unauthorised Disclosure

We take any accidental or unauthorised disclosure of personal information seriously. If such a disclosure occurs, we will:

  • Take immediate steps to contain and remedy the situation

  • Assess the risks arising from the disclosure

  • Notify you if the disclosure is likely to result in serious harm

  • Notify the Office of the Australian Information Commissioner if required by law

Complaints

If you believe we have breached the Australian Privacy Principles or this Privacy Policy, you may lodge a complaint with us.

How to Make a Complaint:

  • Contact us in writing via Email: hello@embarkearthworks.au

  • Provide details of your complaint and how you would like it resolved.

Our Complaint Process:

  • We will acknowledge your complaint within 7 calendar days

  • We will investigate your complaint and respond within 30 calendar days

  • If we need more time, we will inform you of the reasons for the delay

  • We will provide a written response outlining the outcome and our reasons

If You're Not Satisfied:
If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC):

Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. The current version will always be available on our website with the date of the last update noted at the top of the policy.

If we make significant changes, we will take reasonable steps to notify you.

Acknowledgment

By using our services, visiting our website, or providing your personal information to us, you acknowledge that you have read and understood this Privacy Policy.