Privacy Policy

This policy applies from 5 April 2022.

In this Privacy Policy, “us”, “we”, “our” or “TOMRA Cleanaway” means TOMRA Cleanaway Pty Limited (ACN 620 427 116).

TOMRA Cleanaway is the network operator of the New South Wales container deposit scheme (“NSW CDS“). The NSW CDS was established under Part 5 of the Waste Avoidance and Resource Recovery Act 2001 (NSW). The NSW CDS operates under the name Return and Earn.

We are committed to respecting your privacy. This Privacy Policy sets out how we collect, use, store and disclose your personal information. We are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in the Privacy Act. We also comply with the Spam Act 2003 (Cth) which imposes restrictions on sending emails and other types of commercial electronic messages.

Personal information is information or an opinion about an individual that identifies or could be used to reasonably identify an individual. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your bank account or PayPal details.

We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

Overview of Policy

This Privacy Policy details in general terms how we collect, store, use and disclose your personal information.

TOMRA Cleanaway collects, stores, and uses your personal information in connection with your use of the TOMRA Cleanaway website at www.tomracleanaway.com.au (“Website“) and/or the Return and Earn mobile application (“Return and Earn App“) and other related services that we provide (collectively “Services“).

The Return and Earn App allows you to receive payment of the refund amounts payable under the NSW CDS for returning eligible containers to any approved collection point in New South Wales. By using the Return and Earn App, you can receive credit for refund amounts and otherwise use the Return and Earn App either by not creating an account and receive a digital voucher on your device, or by creating an account with us – a Return and Earn App profile – and agreeing to the terms and conditions of use of the Return and Earn App (“Terms of Service“).

This Privacy Policy, as amended from time to time, is available on our Website and via the Return and Earn App.

1. What Personal Information Does TOMRA Cleanaway Collect And Hold (and How)?

If you choose to create a Return and Earn App profile, we may collect the following types of personal information:

  • your name;
  • email address;
  • your chosen password;
  • bank account details;
  • PayPal account details;
  • the frequency and volume of containers you return in exchange for refund amounts, the location of collection points to which you return containers and how and where you redeem credits for refund amounts;
  • your device ID, device type, geo-location information, computer and connection information, IP address and standard web log information;
  • details of your previous transactions and dealings through the Return and Earn App;
  • details of the products and services such as contests and promotional activities we provide to you or that you enquire about, including any additional information necessary to deliver those products and services and respond to your enquiries;
  • any additional information relating to you that you provide to us directly through the Return and Earn App or indirectly through your use of the Return and Earn App; or
  • any other personal information that may be required in order to facilitate your dealings with us.

If you choose to visit our Website but do not choose to create a Return and Earn App profile, we may still collect the following types of personal information:

  • your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from our Website, IP address and standard web log information;
  • details of your previous transactions and dealings through our Website;
  • details of the products and services such as contests and promotional activities we provide to you or that you enquire about, including any additional information necessary to deliver those products and services and respond to your enquiries;
  • any additional information relating to you that you provide to us directly through our Website or indirectly through your use of our Website or online presence, including information communicated to a chatbot on our Website, or through other websites or accounts from which you permit us to collect information; or
  • any other personal information that may be required in order to facilitate your dealings with us.

When you choose to create a Return and Earn App profile or visit our Website, we may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:

  • create an account through the Return and Earn App;
  • access our Website or the Return and Earn App, as further explained below;
  • use the Return and Earn App, including for payment of refund amounts when returning containers to collection points;
  • transfer payments of refund amounts to either your bank account or PayPal account when using the Return and Earn App;
  • communicate with us through correspondence, chats, a chatbot, email, our contact centre, or when you share information with us from other social media applications, services or websites; or
  • interact with our Website, the Return and Earn App or other Services.

When you use and access our Website, while we do not use browsing information to identify you personally, we may record certain information about your use of our Website, such as the length of your visit, which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

We may also use “cookies” or other similar tracking technologies on our Website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our Website may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your Return and Earn App account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

For more information, please see our Personal Information Collection Notice.

2. Purposes for which TOMRA Cleanaway Collects Holds Uses and Discloses Personal Information

TOMRA Cleanaway may collect hold use and disclose your personal information for the following purposes:

  • Create and manage your Return and Earn App account. We process your personal information for this purpose to ensure that you can create, use and, if relevant, deactivate your account with us in accordance with the Terms of Service.
  • To facilitate your participation in the NSW CDS, including by allowing you to receive payment of refund amounts for returning eligible containers to participating collection points.
  • To send you service, support and administrative messages, reminders, technical notices, updates, security alerts and information requested by you.
  • To comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.
  • Enforce the Terms of Service. We process your personal information to ensure that your use of our Website, the Return and Earn App and your account is in accordance with the Terms of Service. For example, we can investigate your use of our Website, Return and Earn App and your account based on suspected inappropriate activity.
  • Conduct research, perform analysis and improve the Return and Earn App.
  • To administer any sweepstakes, contests, promotions, or surveys we may offer to users of the Return and Earn App.
  • Communicate with you about our special offers, events, new products or services, or surveys.

In order to carry out some of the purposes set out above, we or our business partners may use and disclose your personal information for direct marketing communications. You may opt out of receiving such communications in the future by contacting us or our business partner or by following the instructions in the communication you have received from us or our business partner. Neither we nor our business partners will use your sensitive information (such as bank account or PayPal account details) for direct marketing communications unless we have received your consent to the use or disclosure of that sensitive information.

Please note that even if you have opted out of receiving direct marketing communications, we may still send you service, support and administrative messages, reminders, technical notices, updates and security alerts and any notices to comply with our legal obligations.

3. With Whom Does TOMRA Cleanaway Share Your Personal Information and Why?

We may disclose personal information for the purposes described in this Privacy Policy to:

  • our employees;
  • third party suppliers and service providers used by us in connection with the operation of the Return and Earn App, our Website or in connection with providing our Services to you;
  • professional advisers and agents;
  • third party providers of data processing services to process personal information for the purposes of enabling TOMRA Cleanaway to provide the Services;
  • payment systems operators (including financial institutions processing electronic funds transfer transactions);
  • our existing or potential business partners;
  • our sponsors or promotors of any marketing campaign or competition that we conduct via our Services;
  • anyone to whom our assets or business (or any part of them) are transferred;
  • any participant in the NSW CDS, including the State of New South Wales and the scheme coordinator (which is the company called Exchange for Change (NSW) Pty Limited that was appointed as scheme coordinator by the NSW state government under the Waste Avoidance and Resource Recovery Act 2001 (NSW));
  • specific third parties authorised by you to receive information held by us;
  • other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law; and/or
  • other persons, as necessary to facilitate our dealings with you.

4. How Can You Access and Correct Your Personal Information?

You can access the personal information we hold about you by contacting us using the contact information in the How to Contact Us section below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.

You can update your account profile and communication preferences at any time through the Edit profile tools in the Return and Earn App or by contacting TOMRA Cleanaway as indicated below under How to Contact Us.

If you think any personal information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading then you can request us to correct the information and we will take such steps (if any) as are reasonable in the circumstances to correct that information, having regard for the purpose for which it is held.

5. Disclosure of personal information outside Australia

We may disclose personal information outside of Australia to our third party suppliers and service providers located in overseas countries including but not limited to Norway.

We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.

6. Third Party Links and Websites

Our Website, the Return and Earn App and any emails you receive from TOMRA Cleanaway may contain advertisements for and links to other websites not operated or controlled by TOMRA Cleanaway. The policies and procedures we describe in this Privacy Policy do not apply to those third-party sites. The links to third party websites available on our Website, Return and Earn App or in any emails sent to you by TOMRA Cleanaway do not imply that TOMRA Cleanaway endorses or has reviewed those third-party sites. We suggest contacting those sites directly for information on their privacy policies before using them.

7. Information Security

TOMRA Cleanaway processes personal information in accordance with the Australian Privacy Principles, and follows generally accepted industry standards to maintain appropriate technical and organizational security measures.

We use reasonable safeguards to help prevent loss, misuse and unauthorized access, disclosure or modification of your personal information provided to us or collected through our Website or the Return and Earn App, including the use of technologies and processes such as access control procedures, network firewalls, encryption and physical security to protect the privacy of your personal information. However, because no method of transmitting or storing electronic data on the internet is ever completely secure, we cannot guarantee that such personal information will never be accessed, used, or released in a manner that is inconsistent with this Privacy Policy.

8. Retention of personal information

TOMRA Cleanaway retains the collected personal information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Thereafter TOMRA Cleanaway takes all steps as are reasonable in the circumstances to destroy the personal information it holds or to ensure that the information is de-identified.

9. Your rights

You have the right to review, update or correct your personal information in TOMRA Cleanaway’s possession. You also have the right to withdraw your consent to processing of personal information at all times. Withdrawing your consent will not affect the lawfulness of the processing before you withdrew your consent. Note that you can make corrections, updates or deletions to your account information by accessing your online profile and visiting the Edit profile section of the Return and Earn App. We may provide you with access unless there is an exception that applies under the Australian Privacy Principles.

For questions and information about this Privacy Policy and your rights, please contact us using the contact information in the How to Contact Us section below. TOMRA Cleanaway will need sufficient information from you to establish your identity and to verify your access request, and also to assist us in handling your request.

10. Special Notes On Children’s Privacy

Our Website and the Return and Earn App is open to the general public. Our content is neither directed toward minors nor children who are under the age of 13. We do not knowingly collect personal information from children under the age of 13. If TOMRA Cleanaway learns that TOMRA Cleanaway has inadvertently gathered personal information from children under 13 years of age, TOMRA Cleanaway will take reasonable measures to promptly delete such personal information from TOMRA Cleanaway’s records.

Parents who have questions about personal information that they suspect may have been submitted by a child under the age of 13 should contact us using the information in the How to Contact Us section below.

11. Updates to the Privacy Policy

Our Services and the law applicable to TOMRA Cleanaway may change from time to time. As a result, it may be necessary for TOMRA Cleanaway to make changes to this Privacy Policy. We reserve the right to update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the manner in which we maintain and treat personal information or the terms of this Privacy Policy, we will display a notice on our Website. We also may send Return and Earn App users emails to inform them of these changes, though we are not obligated to do so. If you object to this Privacy Policy or to any future update of this Privacy Policy or no longer wish to use the Return and Earn App or participate in any TOMRA Cleanaway programs, you may close your Return and Earn App account by contacting us. We encourage you to periodically review this Privacy Policy to stay informed about how we are helping to protect the personal information we receive from you. Please do not install or use the Return and Earn App or participate in any of the programs TOMRA Cleanaway offers if you do not agree to any updates made to this Privacy Policy.

12. Idea Submissions

All unsolicited information (other than your personal information) that you provide to TOMRA Cleanaway through our Website or through other means (such as by posting to any public areas of our Website or sending us ideas for new services or modifications to our Services) is deemed non-confidential and we are free to reproduce, use, disclose, and distribute any of this unsolicited information to others without limitation or attribution.

13. Governing Law

This Privacy Policy is governed by Australian law, including the Privacy Act and the Australian Privacy Principles.

14. Complaints

If you think we have breached the Australian Privacy Principles or the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out in the How to Contact Us section below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

15. How to contact us

Should you have any questions or comments or complaint about our Privacy Policy, or regarding how your personal information is collected, stored, used or disclosed, please contact the TOMRA Cleanaway Privacy Officer:

Email: [email protected]

Telephone: 1800 290 691

We will attempt to respond within a reasonable time. If you are not satisfied with our response, you may also contact the Office of the Australian Information Commissioner by phoning 1300 363 992 or by sending a letter to GPO Box 5218, Sydney NSW 2001 or by sending an online form available through the Office of the Australian Information Commissioner’s website at oaic.gov.au.