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Oven Mountain Newsletter

March 2023

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Renewable Energy Zone and Network Benefits Assessment Report

January 2023

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Understanding the National Electricity Market (NEM)

November 2022

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Oven Mountain Newsletter

November 2022

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Delivering a Clean Energy Future for NSW

September 2022

The Oven Mountain project was one of five pumped hydro energy storage projects to receive support from the NSW Government via the 'NSW Pumped Hydro Recoverable Grants Program'.
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Oven Mountain Newsletter

August 2022

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Environmental Impact Statement Factsheet

July 2022

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Renewable Energy Factsheet

July 2022

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New England Renewable Energy Zone

July 2022

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The Oven Mountain Pumped Hydro Energy Storage Project

July 2022

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Pumping from the Macleay River

July 2022

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Addendum to the Scoping Report

May 2022

The Oven Mountain team has recently made amendments to the scope of the project. These changes are detailed in the Addendum to the project's Scoping Report.
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Spotlight on Cultural Heritage

May 2022

In early May, the Oven Mountain project will commence cultural heritage investigations across the project area. We recently took some time to speak with Dr Alan Williams who is leading the work.   
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Pumped Hydro Benefits Study - Knowledge Sharing Report

April 2022

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Understanding the Benefits of Pumped Hydro Energy Storage

April 2022

Australia is undergoing a once-in-a-century transformation in the way society considers and consumes energy. As we move towards greater varied renewable energy, we need to ensure the ongoing resilience of our energy system.
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Oven Mountain Newsletter

April 2022

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Oven Mountain Newsletter

November 2021

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Get Involved in Planning

November 2021

The Oven Mountain project team is currently preparing an Environmental Impact Statement with investigations, engagement and design work underway.
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Pumped Hydro Plant Could Unlock New England REZ

April 2020

The Australian Renewable Energy Agency (ARENA) is providing funding to OMPS Pty Ltd to complete studies on the benefits of pumped hydro energy storage
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Oven Mountain Receives Funding from the NSW Government

October 2019

The Oven Mountain project has received funding to assess the commercial, engineering, and operational potential of pumped hydro energy storage facility in the Northern Tablelands region.
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Privacy Policy

The last update to this document was 16 December 2021.

Introduction

OMPS Pty Ltd ACN 160 259 174 (OMPS, we, us, our) is committed to complying with applicable privacy laws in relation to the personal information that we collect in the course of running our business.

OMPS Pty Ltd (in partnership with Alinta Energy) is developing the Oven Mountain Pumped Hydro Energy Storage project (the Project), a 600MW renewable energy development located on private land near the Macleay River between Armidale and Kempsey in New South Wales, Australia. Further information about the Project can be found on our website https://www.ompshydro.com/ (the Website).

Please take a moment to read our Privacy Policy as it explains how we manage personal information including our obligations and your rights in respect of our dealings with your personal information.

Where applicable privacy laws provide for exceptions or exemptions, we may rely on those exceptions or exemptions in our information handling practices.

This Privacy Policy (other than section 10) explains how we manage personal information about individuals other than employees. Section 10 explains the position of employees.

Key definitions

In this document:

"APPs" means the Australia Privacy Principles set out in the Privacy Act;

"personal information" has the meaning set out in the Privacy Act, and (in summary) means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or otherwise;

"Privacy Act" means the Privacy Act 1988 (Cth); and

"sensitive information" has the meaning set out in the Privacy Act, and includes certain specific types of personal information such as health information, and information about a person's racial or ethnic origin, sexual orientation or practices, criminal record, religious beliefs or affiliations, political opinions, membership of a political, professional or trade association, and biometric and genetic information.

 

How we collect your personal information

We collect and hold your personal information in a fair and lawful manner, and not in an intrusive way.

Some of the common ways in which we may receive personal information directly from you include:

when you sign up for our mailing lists or register for our community engagement events;

when you contact us to request information or to make business inquiries;

when you provide us with your feedback, concerns or complaints about the Project and our business activities;

when we conduct community / stakeholder consultation or market research;

when you participate in any of the consultation forums that we may establish;

when you enter into contracts with us for goods or services, and when we administer and perform our contracts with our service providers;

when you apply for a job vacancy with us;

from your correspondence that you send to us (whether in writing or electronically) or when you contact us via telephone, our Website, our social media pages or other by means;

when you upload content to or interact (in an identifiable manner) with our Website or our social media pages;

if you attend any of our premises, we may record certain contact details and health information (such as details of your COVID-19 vaccination status) so that we can comply with applicable laws, and we may also record your image and/or voice if we have surveillance systems operating at those premises; and

as otherwise required to manage our business.

Where it is reasonably practical to do so, we will collect your personal information directly from you. However, in certain cases we may collect personal information from publicly available sources and from third parties such as:

our suppliers, contractors, clients and business partners;

local community stakeholders that we consult with in relation to the Project; and

regulatory bodies and government departments that we are working with in the development of the Project.

If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.

Types of personal information we collect

The types of personal information we collect about you depends on the circumstances in which the information is collected. Typically, the types of personal information we may collect can include (but is not limited to) your name and contact details (address, email address and phone numbers), together with any information that you choose to provide us about yourself.

If you are an individual contractor to us or apply for a job vacancy with us, we may also collect information relevant to your engagement with us including qualifications, length of engagement, resume, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of our equipment (e.g. phones, computers and vehicles).

If you access our Website, we may utilise cookies to collect additional information about your use of our Website and apps. Please see the section 9 below for further details.

If we communicate with you by email, we may use technology to identify you so that it will be in position to know when you have opened the email or clicked on a link in the email.

We only collect sensitive information about you with your consent, or otherwise in accordance with the Privacy Act. The main types of sensitive information we may collect include:

information about your Aboriginal or Torres Strait Islander (ATSI) status, if you have identified yourself as an Indigenous Australian and your dealings with us involve matters that are relevant to your ATSI status (such as our consultation with you about indigenous cultural and heritage issues relating to the Project);

certain health information (such as information about your COVID-19 vaccination status) where it is necessary for us to manage our workplace health and safety program and/or comply with government directions and public health orders;

details of injuries (ie. health information) that may occur on our premises;

details of disabilities or allergies (i.e. health information) you notify us of for a particular purpose (e.g. so that we can accommodate any special requirements when you attend our premises); and

details of your membership of professional associations and affiliations with relevant industry bodies or organisations and/or other types of sensitive information, where this is relevant to our business dealings or employment relationship with you (including as part of our recruitment process when you apply for a job vacancy with us).

If you do provide sensitive information to us for any reason (for example, if you provide us with information about your ethnicity a disability you have), you consent to us collecting that information and to us using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.

In addition to the types of personal information identified above, we may collect personal information as otherwise permitted or required by law.

Where you do not wish to provide us with your personal information, we may not be able to provide you with requested goods or services and/or certain functionality of our Websites.

Our purposes for handling your personal information

The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it. Whenever practical we endeavour to inform you why we are collecting your personal information, how we intend to use that information and to whom we intend to disclose it at the time we collect your personal information.

We may use or disclose your personal information:

for the purposes for which we collected it (and related purposes which would be reasonably expected by you);

for other purposes to which you have consented; and

as otherwise authorised or required by law.

The Project is currently in the early stages of development. As we investigate the site and progress with development activities, we will continue to meet with community stakeholders. At present, we primarily collect, use and disclose personal information where it is necessary for the planning, development and construction of the Project.

Some of the activities that may require us to collect and handle personal information include:

community engagement and stakeholder consultation, and administering any consultation forums that we may establish;

administering our mailing list and newsletter;

conducting studies and planning activities;

participating in regulatory approval processes; and

preparing publications and other publicity for the Project.

Other specific purposes for which we may collect, hold, use and disclose personal information include:

to verify your identity;

to contact you, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner;

to provide you with goods, services or information you have requested;

to obtain goods, services or information from you;

to consider you for a job (whether as an employee or contractor) or business relationship;

to operate, monitor, moderate, develop and improve our Website and social media pages;

to optimise and customise the user experience (including content and advertising) for users of our Website, social media pages and services;

to facilitate communications via our Website and our social media pages, including communications with us or with other users of those platforms via direct messaging and posting to forums;

to protect the security and integrity of the Website and our other websites and social media pages, and enforce our Website terms of use and Social Media Moderation Policy;

to contact you (directly or through our service providers and marketing research agencies) to obtain your feedback and to find out your level of satisfaction with our goods and services;

to comply with our legal and regulatory obligations;

to protect the security, health and safety of our premises, facilities, personnel and visitors; and

to address any issues or complaints that we or you have regarding our relationship with you or our business activities.

Who we disclose your personal information to

We may disclose your personal information to third parties in connection with the purposes described in section 3 of this Privacy Policy above.

Where you make inquiries or provide submissions, feedback or complaints to us, we may share details of your input with other stakeholders that are relevant to responding to your inquiry, submission or feedback or resolving your complaint. If you participate in our community engagement and consultation processes, these third parties may include the other community, business and regulatory / government stakeholders that are also participating in those processes.

If you subscribe to our mailing list your contact information will be collected and processed by our e-mail marketing service provider (currently Consultation Manager, whose privacy policy can be found here). Our e-mail marketing service provider uses these details to send you the newsletters and other materials you have requested, and to allow you to manage your subscriptions with us (for example if you wish to unsubscribe) and for the purposes set out in their privacy policy.

When you subscribe to one of our mailing lists, you may be asked to consent to our e-mail marketing service provider to conduct analytics on your engagement with our e-mails. This may include collecting statistical data that helps us to understand how many people have read / opened an e-mail that we have sent to our mailing list.

During this preliminary planning phase of the Project, the types of third parties to whom we commonly disclose personal information in the ordinary course of business include:

our suppliers, contractors and organisations that provide us with technical and support services or who manage some of our business functions;

our related entities (who may use and disclose the information in the same manner we can);

our accountants, insurers, lawyers, auditors and other professional advisers;

any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees); and

in the unlikely event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors.

As the Project progresses, we may appoint a third party to manage and operate the Project. If this happens, we will provide relevant records and information (which may include personal information that we have collected during the planning phase of the Project) to the third party operator, where this information is relevant and necessary for them to manage and operate the Project.

During this preliminary planning phase, we are developing the Project in partnership with Alinta Energy. If Alinta Energy is subsequently appointed to manage and operate the Project, any personal information that we provide to Alinta Energy will be subject to Alinta Energy's privacy policy (which is available here).

We may also disclose your personal information in accordance with any consent you give or where disclosure is authorised, compelled or permitted by law.

If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.

Social media platforms

We use social media platforms such as Facebook and LinkedIn to communicate with the public about our services and businesses. We may collect the information that you choose to share with us through these platforms, including photos, videos and comments and posts.

These social media platforms have their own privacy policies, and may handle your information for their own purposes. You can access the privacy policies for Facebook, Twitter and LinkedIn on their websites.

If you choose to use these social media platforms to communicate with us or with other parents and guardians, please be mindful that certain pages within these platforms may be publically available. We encourage you to use the privacy settings available on each platform. If you would like to contact us directly, you can do so using the contact details in section 13.

Overseas disclosures of personal information

We are an Australian business, and the personal information that we collect will primarily relate to local community issues in the areas surrounding the Project.

In general, we do not regularly disclose personal information to overseas recipients in the ordinary course of business.

We may disclose personal information to overseas recipients on a case-by-case basis, where it is relevant to a particular activity - for example, where we are consulting stakeholders or business partners who are based outside of Australia.

Whenever we transfer your personal information outside of Australia, we will do so in accordance with the requirements of applicable privacy and data protection laws. We may disclose your personal information to overseas recipient without your consent where permitted by the Privacy Act (and, in such circumstances, we will comply with the applicable requirements of the Privacy Act in doing so).

Storage and protection of personal information

We will hold personal information as either secure physical records, electronically on our intranet system, in cloud storage, and in some cases, records on third party servers, which may be located overseas.

We use a range of security measures to protect the personal information we hold, including by implementing IT security tools to protect our electronic databases.

We will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law. We may need to retain records containing personal information to comply with record keeping obligations, and for other legitimate business purposes (such as quality assurance).

We may need to retain records containing personal information to comply with record keeping obligations, and for other legitimate business purposes (such as quality assurance).

Direct marketing

Like most businesses, marketing is important to our continued success. We therefore like to stay in touch with our stakeholders and customers to keep them informed about the Project. This may include general project updates, information about community information sessions that we are conducting, and information about commercial opportunities in connection with the Project. We may provide you with information about products, services and promotions either from us, or from third parties which may be of interest to you, where:

you have consented to us doing so; or

it is otherwise permitted by law.

You may opt out at any time if you no longer wish to receive direct marketing messages from us. You can make this request by using the unsubscribe function on marketing e-mails that you receive from us, or by contacting our Privacy Officer using the details in section 13 below.

Cookies

A cookie is a small text file stored in your computer's memory or on your hard disk for a pre-defined period of time. We may use cookies to identify specific machines in order to collect aggregate information on how visitors are experiencing the Website. This information will help to better adapt the Website to suit personal requirements. While cookies allow a computer to be identified, they do not permit any reference to a specific individual. For information on cookie settings of your internet browser, please refer to your browser's manual.

We may use third party vendors to show our ads on sites on the Internet and serve these ads based on a user's prior visits to our Website and other internet activity. We may also use analytics data supplied by these vendors to inform and optimise our ad campaigns based on your prior visits to our Website.

Employees

We collect information in relation to employees as part of their application and during the course of their employment, either from them or in some cases from third parties such as recruitment agencies, referees, government bodies (e.g. police checks, if required) and academic and professional bodies (e.g. to validate details and currency of qualifications). Such information may include contact details, qualifications, resume, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of our equipment (e.g. phones, computers and vehicles).

Under the Privacy Act, personal information about a current or former employee may be held, used or disclosed in any way that is directly connected to the employment relationship. We handle employee information in accordance with legal requirements and our applicable policies in force from time to time.

Accessing and correcting your personal information

You may contact our Privacy Officer (see section 13) to request access to the personal information that we hold about you and/or to make corrections to that information, at any time.

On the rare occasions when we refuse access (which we will only do in accordance with applicable laws), we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to the personal information we hold about you.

We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.

We will respond to all requests for access to or correction of personal information within a reasonable time.

Resolving personal information concerns

If you have any questions, concerns or complaints about this Privacy Policy or how we handle your personal information, including if you believe we have breached the APPs, please contact our Privacy Officer (see section 13).

When contacting us please provide as much detail as possible in relation to your question, concern or complaint.

We take all complaints seriously, and will respond to your complaint in accordance with any applicable timeframes imposed by law and otherwise within a reasonable period. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 2001
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au

Contact details of Privacy Officer

The contact details for our Privacy Officer are as follows:

Postal address: PO Box 1071, North Sydney, NSW, 2059
Telephone: 1800 518 194
Email info@ompshydro.com

Links

Our Website may contain links to other websites operated by third parties. We make no representations or warranties in relation to privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices and procedures.

Changes

We reserve the right to change the terms of this Privacy Policy from time to time, without notice to you. An up-to-date copy of our Privacy Policy is available on our Website.

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Terms of Use

Last updated: 16 December 2021

  1. Background
    1. The website available at www.ompshydro.com (the Website) is owned and operated by OMPS Pty Ltd ACN 160 259 174 (OMPS, we, us, our).
    2. By using the Website, and in consideration of OMPS providing you with access to the Website, you agree to the following Terms of Use, which govern your access to and use of the Website.  
    3. In these Terms of Use, "you" refers to:
      1. you as an individual; and
      2. if you are using the Website on behalf of an entity (such as a company or other organisation), that entity.
    4. If you do not agree to these Terms of Use, you must not use or access the Website.  If you are agreeing to these Terms of Use on behalf of an entity, you represent that you have authority to bind that entity.  If you do not have such authority or you do not agree to these Terms of Use, neither you nor the entity may use the Website.
    5. We may, from time to time and without notice: 
      1. change, add to, or remove content or functionality of the Website (including the types of products and services that you can access through the Website); and
      2. cease, interrupt or withdraw access to the site for any reason, including for upgrades and maintenance of the Website.
    6. We reserve the right to amend these Terms of Use from time to time without giving specific notice to you.  We will publish the amended Terms of Use on the Website.  
    7. You should periodically review the Terms of Use and, if you do not agree with any of the changes, you must cease using or accessing the Website.  By continuing to use the Website, you will be deemed to have accepted the changes to the Terms of Use.
  2. Requirements when you use the Website
    1. You must:
      1. not use the Website in breach of any applicable laws or regulations;
      2. not use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others; 
      3. not frame or mirror any part of the Website without our written authorisation; and
      4. not interfere with, disrupt, or create an undue burden on the Website.
    2. Without limiting the above, you must not and must not permit a third party to:
      1. use any unauthorised method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any data or content from the Website; 
      2. circumvent, disable or otherwise interfere with security-related features of the Website; or
      3. do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website, or upload or permit any virus or malicious code to adversely affect the Website or any associated equipment or data.
    3. You agree to indemnify us against any third party claims made against us as a result of your breach of these Terms of Use, including claims that any of your Submissions (defined below) infringe third party rights or any laws. Your liability under this indemnity would be reduced to the extent it was caused or contributed to by our breach of these Terms of Use, or our negligent or unlawful conduct.
  3. Submissions
    1. We may from time to time offer areas in the Website where you and other users can post or otherwise submit suggestions, feedback, ideas, notes, concepts or other information or materials  (collectively, Submissions).  
    2. By posting a Submission, you represent and warrant that: 
      1. you own or otherwise control all of the rights to your Submission, including without implied limitation all copyrights;
      2. your Submission is true and accurate; 
      3. your Submission does not contain any unlawful, illegal, offensive, threatening, abusive, defamatory, obscene, or infringing material;
      4. your Submission (and our use of your Submission in according this these Terms of Use) does not violate the rights of any other person or entity, including intellectual property rights, moral rights and rights of confidentiality, privacy and publicity; 
      5. where your Submission contains personal information about another person, you have the consent of that person to include their information in your Submission; and
      6. your Submission complies with applicable laws, rules and regulations.
    3. By sending, posting or transmitting Submissions to us: 
      1. you grant us (and our successors) a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for the purpose of responding to your Submission and for our general business purposes, commercial or otherwise, without compensation to you;
      2. you consent to us, our successors and sub-licensees doing anything in relation to your Submissions that, but for this clause, would otherwise infringe any moral rights you may have in the Submissions under the Copyright Act 1968 (Cth) or similar rights in other jurisdictions; and
      3. you acknowledge and agree that all Submissions are deemed non-confidential and non-proprietary, unless specifically noted in the Submission.
    4. You acknowledge and agree that we have the right (but not the obligation) to edit, modify, remove or refuse to use or publish any Submission.  We take no responsibility and assume no liability for any Submission posted by you or any third party.  We are not responsible for information that you choose to communicate via Submissions.
  4. Investigating prohibited uses of the Website
    1. We may, at any time and at our discretion, investigate any reported or suspected breach of these Terms of Use (or other unauthorised or unlawful use of the Website) by you or any other user.  
    2. Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the Website, the quality of the services and the reputation of OMPS.  These actions may include (but are not limited to) reporting any unlawful conduct to the appropriate authorities and otherwise taking appropriate legal action.
  5. Intellectual Property
    1. Unless otherwise indicated, the intellectual property rights in the Website and all materials (including all text, data, graphics, logos, software and any other multimedia) made available via the Website (Content) are either owned by us, or licensed to us, and all rights in the Content are reserved.
    2. We grant you a limited right to access the Website and view the Content, subject to these Terms. You must not otherwise copy, modify, adapt, publish, transmit, commercially exploit, reproduce or distribute any Content without the permission of the owner of that Content.  We reserve the right to review, edit, move or delete any Content from the Website at any time without notice. 
    3. We reserve the right to aggregate and analyse data that we collect through the operation of the Website.  This may include data that is uploaded, transmitted and otherwise generated by users of the Website in the course of using the services.  We may use data analytics tools to produce reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices.
  6. Linking and Third Party Content
    1. The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).  
    2. Third Party Content and Third Party Websites are not under our control.  We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.  
    3. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
  7. Cookies
    1. The Website may use 'cookies' as part of its interaction with your internet browser.  Cookies enable us to provide you with a superior, customer-oriented service.  A 'cookie' is a small text file placed on your computer by our web server.  A cookie can later be retrieved by the Website's servers.  Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser.  Cookies do not alter the operation of your computer or mobile device in any way.
    2. It is recommended that you accept cookies to make full use of the Website.  Cookies may also be used to record non-personalised information such as the date or the pages accessed, for the Website's administration, statistical and maintenance purposes.  Any such information will be aggregated and not attributed to individual users.
    3. Most web browsers allow you to disable cookies on your computer.  If you disable cookies, you may be unable to use the Website to the fullest and optimum extent.
  8. Privacy
    1. By using the Website, you agree that we may collect, hold, use and disclose your personal information as described in these Terms of Use and any other privacy notices that we provide you during your use of the Website.
    2. When you use the Website and the services, we collect personal information that you provide to us or generate through your use of the Website.  This personal information is used for:
      1. any specific purposes for which you provided it to us;
      2. the general operation of the Website, so that you can access and use the functions and services of the Website; and
      3. other purposes as otherwise notified to you.
    3. Our privacy policy (available here) provides more information about how we collect, hold, use and disclose personal information in our business.   It also explains how you can seek to access or correct any personal information we hold about you, how to complain about a privacy breach and how we will deal with a privacy complaint.
  9. Disclaimer
    1. In this clause, "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms "Consumer" and "Consumer Guarantees" have the meaning given to them in the Australian Consumer Law.  The Australian Consumer Law provides Consumers with a number of protections including the Consumer Guarantees that cannot be excluded, restricted or modified.   Nothing in these Terms of Use has the effect of excluding, restricting or modifying a Consumer's rights under the Australian Consumer Law or any other statutory rights which cannot be excluded, restricted or modified. However, where the Australian Consumer Law permits a supplier to limit its liability for a failure to comply with a Consumer Guarantee, we limit our liability to:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again.
    2. The Website and Content is provided "as is".  By accessing the Website, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.  With the exception of any Consumer Guarantees (or other rights or remedies that cannot be lawfully excluded by agreement of the parties) that might apply, we exclude:
      1. any term, condition or warranty that may otherwise be implied into these Terms of Use, including (but not limited to) any term, condition or warranty that:
        1. the Website or any of its functions will be uninterrupted or error free;
        2. defects will be corrected; or
        3. the Website or any server that makes it available is free of errors, viruses or malicious code;
      2. any liability for loss or damage incurred as a result of or in connection with our negligence; and
      3. any liability for special, indirect or consequential loss however caused (including negligence),
  10. arising out of or in connection with the Content, the use or performance of the Website or any services provided by us in relation to the Website.

  11. Jurisdiction

    These terms and conditions are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.

  12. Contact details

    If you have any queries regarding these terms and conditions, please Contact Us.

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Social Media Guidelines

We (OMPS Pty Ltd, ACN 160 259 174) use various social media channels, including Facebook and LinkedIn, to publish information about our business and engage with our stakeholders and the community.

We encourage you to use our social media channels to provide us with feedback and engage in discussion with other users on matters that relate to our business.

We have developed these house rules to explain how we manage our social media channels. By using our social media channels you agree to comply with these rules.

Rules for using our social media channels

When you post or comment, you must:

  • be honest and genuine about any opinions you express;
  • represent your own views - in particular, you must not:
    1. impersonate or falsely represent any other person, organization or group that you are not authorised to represent; or
    2. misrepresent or misleadingly conceal any relevant affiliation that you have with any group or organisation;
  • be polite and respectful in your interactions with other users; and
  • comply with applicable laws in Australia and any other relevant country, including by ensuring that you have all necessary rights and permissions to any content or information that you choose to post.

We do not permit any comments or posts (or any other uses of our social media channels) that:

  • are factually inaccurate or misleading (whether deliberately or unintentionally);
  • deliberately spread misinformation that is unproven or unsupported;
  • involve trolling or other deliberately disruptive or inflammatory behaviour (including the use of insulting, provocative or hateful language);
  • constitute spam or are otherwise repetitive in nature (including where a user makes repeated posts expressing the same view or opinion);
  • are not relevant to our business;
  • are discriminatory in any way (including on the grounds of race, sex, religion, nationality, disability, religion or belief, sexual orientation or age);
  • constitute bullying or are likely to harass, upset, alarm, disrupt, or cause distress;
  • are insulting, offensive, abusive, violent, defamatory, slanderous or threatening to any individual, organisation or group of people;
  • make unproven or unsupported allegations against an individual, organization or group of people;
  • contain or link to spam, viruses or harmful code or to sexually explicit, obscene, indecent or otherwise objectionable content;
  • reveals private information about an individual without their consent;
  • infringes the rights (including intellectual property rights or privacy rights) of any other person or entity;
  • breaches any applicable laws, rules and regulations, or the terms of use and policies of the relevant social media platform;
  • contain promotional, sales, marketing, fundraising or advertising material for any other business that we have not approved; or
  • promote political campaigns or involve overtly political content.

We also do not permit the use of bots to engage with our social media channels and we reserve the right to block bot accounts and delete any comments or posts from bot accounts.

Our social media channels are public forums. If you are concerned about the visibility of any of your posts or comments we encourage you to use the privacy settings available to you on the relevant social media platform. We reserve the right to:

  • treat any comments or posts on our social media channels as non-proprietary and non-confidential; and
  • collect, use, disclose and reproduce such comments and posts for for our general business purposes, commercial or otherwise, without any requirement to provide attribution or compensation to you.

Our content moderation policy

While we welcome your opinions and encourage you to engage in robust discussion, we reserve the right to review and moderate any content that is posted to our social media channels, including comments and replies.

We may (with or without prior notice to you):

  • temporarily or permanently hide, remove or delete your comment or post if it breaches these rules, is factually inaccurate or is otherwise unlawful or objectionable;
  • refuse to approve your post or comment (if the post or comment is subject to a pre-approval requirement); or
  • restrict or block you (or otherwise suspend or terminate access) if you repeatedly or seriously breach these rules or infringe the rights of others.

We also reserve the right to investigate any reported or suspected breach of these rules (or any other use of our social media channels that is objectionable or unlawful) and take such actions as we consider appropriate following the investigation, including(but not limited to):

  • providing your identity and/or contact details to another user who has made credible allegations that you have defamed them or otherwise infringed their rights; and
  • reporting any unlawful conduct to the appropriate authorities and otherwise taking appropriate legal action.

If we consider that a particular conversation or topic is not relevant or appropriate for our social media channel (or has become repetitive), we reserve the right to remove the relevant posts and comments and ask the relevant users to move their conversation to a different forum. We are not responsible for resolving disputes between you and other users.

Please contact our social media team (using the details below) if you wish to complain about a post or comment, or if you think we've made a mistake about a particular content moderation decision. However, we reserve the right to make the final decision on all content moderation issues.

Our social media team checks our social media channels periodically, as we consider necessary and appropriate. However, we do not guarantee that our social media pages will be monitored or moderated continuously or during any particular hours.

How to contact us

If you have any questions, concerns or complaints you can contact our social media team at: info@ompshydro.com.

If you are making a complaint about a particular post or comment, we ask that you identify the relevant post or comment and explain the reason for you complaint. We may ask you to provide further details to help us with assessing your complaint.

Our social media team aims to respond to all complaints and queries in a timely manner.

Other matters

When using our social media channels, please be aware of the following:

  • Social media platform terms. The social media platforms that we use have their own terms and conditions, content moderation policies and privacy policies. We encourage you to familiarise yourself with these terms and policies, as they will apply in addition to our social media house rules. We are not responsible for any content moderation decisions or other actions taken by the platform provider.
  • Content posted by other users. The views expressed by other users in their posts and comments are the views of those users, and should not be assumed to reflect our views or have our endorsement. We do not guarantee that any information posted by other users is accurate, complete, reliable or up-to-date.
  • Following and sharing. If our social media account responds to your post, comment or account on the platform (e.g. a "like", share, follow, re-tweet etc), this should not be assumed to constitute our endorsement.
  • Third party content and links. Our social media channels may display content from third parties or contain links to websites operated by other organisations and individuals which have been posted by us or other users. This does not constitute our endorsement, approval or recommendation of the third party content or website.
  • Privacy Policy. Your use of our social media channels is also subject to our Privacy Policy, which is available on our website (https://www.ompshydro.com.au).

Changes to these rules

We may revise these rules at any time by publishing the amended version on our website (https://www.ompshydro.com.au).

We encourage you to periodically check back for changes and, if you do not agree with any of the changes, cease using or accessing our social media channels. By continuing to use our social media channels after such changes are published, you agree to comply with the updated rules.

Version Date: June 2022