The information included in this website has been prepared to inform you about InterGrain Pty Ltd (ACN 128 106 945) (“we, our or us”) services, products and activities.  This website is updated from time to time.

With respect to the information there are some legal qualifications we wish to make you aware of as follows:

• This website and the information included on this website is subject to change at any time without notice.
• We may at our absolute discretion update, change, amend or supplement the information on this website if we decide to do so, noting that we have no obligation to do so.
• We take care and apply our resources endeavouring to ensure the information included in this website is correct at the date of inclusion. However, we do not warrant that the information included in this website:
  • will not cause any damage;
  • is free from any computer virus; and
  • is complete or accurate.
• The information included in this website is provided on the basis that you will be solely responsible for verifying the information, including any representations or other statements included in the information.
  • Except as we are required by law to do so, you acknowledge and accept that we do not undertake to update or revise any information that is a forward-looking statement that has been included in this website, whether as a result of: new information, new services, new products, future plans or activities, or otherwise.
• Links connecting this website to third party websites are for convenience only and we do not endorse or approve the content of any third-party website. Furthermore, we advise and caution users of this website that copying material from any third-party website may infringe the rights of a third party or third parties.
• We do permit linking to this website, provided that the full html page is loaded. Such links must not incorporate our trade marks and must not negatively affect us in any way.
• The information included on this website is our property and is subject to copyright. You may use the information on this website for personal use.  You must not reproduce or use any photographs included in this website without our written consent.
• To the maximum extent permitted by law, neither us, our officers, directors, affiliates or employees:
  • assume any responsibility for, or make any representation warranty (express or implied) as to the currency, accuracy or completeness of the information contained in this website; and
  • will be liable for any damages, equitable or statutory damages or compensation, indirect, incidental, special or consequential damages, or loss of revenue or profit whatsoever arising from any reliance on the information included in this website, or any use of or access to this website or any part of it, or any other site linked to this website.
• This disclaimer and the use of this website is governed by the laws of Western Australia and any user of this website submits to the exclusive jurisdiction of the courts of Western Australia.

Introduction

InterGrain Pty Ltd ABN 90 128 106 945 (InterGrain, we, us, our) is committed to treating the personal information it collects in accordance with the Australian Privacy Principles (APPs) outlined in the Privacy Act 1988 (Cth) (Privacy Act).

This Privacy Policy sets out how InterGrain handles personal information about you in a fair and responsible manner. It does not apply to personal information InterGrain collects that is exempt under the Privacy Act.

InterGrain may modify this Privacy Policy from time to time to reflect its current privacy practices and any legislative requirements and will notify you by posting an updated version of the policy to our website. We recommend that you review our Privacy Policy each time you visit our website or provide us with your personal information.

If you require any further information about our privacy practices, we welcome you to get in touch with us by using the contact details set out at the end of this Privacy Policy.

What is personal information?

Personal information is defined in the Privacy Act as information or opinion about an identified individual (or an individual who is reasonably identifiable) whether the information or opinion is true or not and whether the information or opinion is recorded in material form or not.

Sensitive information is a subset of personal information that is afforded higher levels of protection under the Privacy Act. It includes information or opinion about an individual’s racial or ethnic origin, political opinion, religious beliefs, sexual orientation, criminal record or health information.

What personal information does InterGrain collect and hold?

The type of personal information InterGrain collects and holds will depend on how you interact with InterGrain. This may include:

• Names, email address, postal address, date of birth, occupation;
• Type and amount of grain grown;
• Your National Grower Register (NGR) number;
• Products sold to you (seed sales) directly by InterGrain or via other growers, retailers or seed sheds;
• Grain purchased from you by grain traders (End Point Royalty (EPR) data);
• Business structuring details;
• Technical information such as IP address, browser type, operating system, visit times, pages accessed and documents downloaded;
• Any other personal information relevant to the goods and/or services we may provide to you.

How we collect personal information

We aim to collect personal information directly from you, where practicable, such as through forms, agreements, or direct responses to our requests.

InterGrain may also collect information from the NGR, operated by National Grower Register Pty Ltd, which is subject to its own privacy policy at www.ngr.com.au.

If you do not provide accurate or complete personal information, we may be unable to offer you certain goods or services, or the quality of those services may be affected.

How does InterGrain use personal information?

We collect and use personal information primarily for:

• Providing services relating to InterGrain wheat, barley and oat products;
• Payment of End Point Royalties (EPR);
• Making or receiving payments;
• Meeting legal and regulatory obligations.

When does InterGrain disclose personal information?

We only disclose personal information:

• For the primary purpose for which it was collected, or a related secondary purpose you would reasonably expect;
• As required or permitted by law;
• With your consent (which may be implied);
• To comply with legal obligations or prevent unlawful activities;
• To related entities as allowed by the Privacy Act;
• When necessary to lessen or prevent a serious threat to life, health or safety;
• For enforcement-related activities.

Disclosure to overseas recipients

We generally do not disclose your personal information to overseas recipients unless legally permitted. When we do, we take reasonable steps to ensure APP compliance.

Disclosures may occur when:

• You consent after being informed of the risks;
• The recipient is bound by similar privacy obligations;
• Required or authorised by Australian law or court order.

Cloud services used by InterGrain may store data outside Australia but under our control.

How does InterGrain keep your personal information secure?

We use physical and technological safeguards such as secured offices, encryption, password protection, and restricted access.

In case of a data breach, we will notify you as required by law, including details of the breach and actions taken.

Despite these measures, no internet transmission is completely secure. You are responsible for keeping your passwords confidential.

We retain your personal information only as long as necessary for its purpose or as required by law.

How do I access my personal information?

You may request access to the personal information we hold about you. We will respond within a reasonable time and may charge reasonable costs for providing access.

How do I correct personal information?

You may request corrections to any inaccurate, incomplete, or outdated personal information. We do not charge for this. If we decline to amend it, we will provide reasons unless unreasonable to do so.

Direct marketing

We may use your personal information for marketing, where permitted. You can opt out anytime by following the instructions in our communications or contacting us directly.

Our online platforms

We use cookies and web beacons on our websites and social media to monitor traffic and improve services. You can disable cookies in your browser settings, but this may affect functionality.

Third party links

Our platforms may contain links to third-party websites. We are not responsible for their privacy practices. We recommend reviewing their privacy policies.

Notifiable data breaches

We comply with the Australian notifiable data breach scheme. A data breach may involve unauthorised access, loss or destruction of personal information.

If a breach is likely to cause serious harm and we can’t mitigate it, we will notify affected individuals and the Commissioner as required.

Our response includes:

• Containing the breach;
• Determining the scope and cause;
• Assessing the type of information affected and potential harm;
• Identifying the parties involved;
• Evaluating security measures in place.

Employment and recruitment

This Privacy Policy does not apply to employee records. Job applicants may be asked for consent to use and disclose information, including references and testing. A refusal may affect your application outcome.

Contact details

Attention: InterGrain Privacy Officer

Post: 19 Ambitious Link, Bibra Lake WA 6163

Phone: (08) 9419 8000

Email: admin@intergrain.com

We will aim to respond to your query within 30 days.

Further information

More information about your rights and our obligations in respect to privacy, including how to make a privacy complaint, is available from the Office of the Australian Information Commissioner:

Website: www.oaic.gov.au

Phone: 1300 363 992

Email: enquiries@oaic.gov.au

Company details

InterGrain Pty Ltd
19 Ambitious Link, Bibra Lake WA 6163
For general and corporate enquiries, call (08) 9419 8000

Referenced documents

• Privacy Act 1988

Reviewed February 2022

Introduction

InterGrain welcomes all feedback about our products and our work. If you have a compliment, complaint, suggestion or enquiry, we would like to hear from you.

Compliments and Enquiries

If you have a compliment, suggestion or enquiry about InterGrain please contact us by:

• Email: admin@intergrain.com
• Phone: (08) 9419 8000
• Mail: InterGrain, 19 Ambitious Link, BIBRA LAKE WA 6163

Complaints

From time to time we may not meet your expectations. If you wish to raise a concern about InterGrain or one of our products, you can do this through our Complaints Management Process.

Complaints Management Process

We believe our customers and stakeholders have a right to:

• Complain or express concerns about InterGrain products and services without fear of recrimination
• Have their issue dealt with fairly, promptly and professionally
• Be represented by an advocate of their choice in any formal complaint resolution process
• Be treated in a respectful and non-discriminatory manner
• Confidentiality
• Withdraw at any stage throughout the process. However, InterGrain may elect to pursue the complaint without their involvement.

InterGrain’s Complaints Management Process is in place to provide:

• A clear commitment to receive and deal with feedback, good and bad
• An accessible process that handles complaints in a timely, professional and consistent way
• A simple process that avoids the unnecessary use of resources including people’s time and money
• Information to help InterGrain to improve its work, impact, operations and processes

Process for Making a Complaint

We encourage you in the first instance to contact us to discuss your issue or complaint or to try to resolve the issue directly with the person concerned.

However, if you are not satisfied after doing this or if you wish to make a formal complaint at any time, please do so by writing to the InterGrain CEO. Alternatively, if you would prefer, you can write to the InterGrain Chair of Audit and Risk Committee.

• Email: ARC.Chair@intergrain.com
• Mail: InterGrain (Chair of Audit and Risk Committee), 19 Ambitious Link, BIBRA LAKE WA 6163

To help us understand and resolve your complaint you should provide written details of the basis upon which the complaint is being made, including:

• A clear statement about what you consider was unsatisfactory
• Copies of, or references to, information to support the complaint
• Details of any attempts you have made to resolve the matter informally
• A statement about what you wish to achieve from the complaint process
• Your permission for InterGrain to use any personal information you provide to process and respond to your complaint

We will accept anonymous complaints, but resolution processes for such issues are very limited. Providing your name and contact details will help us to look into your concerns more effectively.

Our Response

If you provide your contact details we will:

• Acknowledge your complaint in writing within five working days of receiving it
• Provide a written response to your complaint within 28 calendar days of receiving it. If the issue is complex, we may need to extend that time and this will be communicated to you

We may need to contact you while we deal with your complaint to clarify any issues or seek further information.

You have the right to withdraw your personal information from the Complaints Management Policy and Process at any time.

Definitions

Unless the context requires, italicised terms in this policy have the following meaning:

1. Policy Purpose and Application

InterGrain is committed to the protection of individuals who disclose information about illegal or improper conduct occurring within InterGrain. We take our obligations regarding whistleblowing very seriously, and welcome you to approach us if you become aware of any possible wrongdoing.

This policy has been adopted to provide a safe and confidential environment where such concerns can be raised by whistleblowers without fear of reprisal or detrimental treatment. This policy also outlines how InterGrain will deal with any whistleblowing disclosures made in accordance with the Corporations Act and/or Tax Act.

This policy sets out:

• Who is entitled to protection as a whistleblower under this policy;
• The protection whistleblowers are entitled to under this policy;
• How disclosures made by whistleblowers in accordance with this policy will be handled by InterGrain.

All officers, employees and contractors of InterGrain must comply with this policy.

2. Who is Eligible for Whistleblower Protection under this Policy?

To be treated as a whistleblower under this policy you must:

• Be one of the individuals set out in section 2.1;
• Disclose information regarding the type of matters set out in section 2.2; and
• Disclose that information to one of the persons set out in section 2.3.

This policy also protects those who are entitled to whistleblower protection under the Australian whistleblower laws (see section 8 of this policy).

2.1 Who May Make a Disclosure?

Disclosures can be made by a current or former:

• Officer or employee of InterGrain;
• Contractor or supplier (or their current and former employees) of goods and services to InterGrain (including on an unpaid basis);
• Associate of InterGrain;
• Member of the public; or
• Family member of an individual mentioned above.

You may choose to remain anonymous if you wish while making a disclosure to InterGrain, over the course of an investigation and after an investigation is finalised.

2.2 What Types of Matters May Be Disclosed?

Disclosures can be about improper conduct which you suspect on reasonable grounds has occurred or is occurring within InterGrain, including conduct by an officer or employee of InterGrain. Examples of disclosable matters include:

• Misconduct or an improper state of affairs or circumstances in relation to InterGrain, including in relation to:
  • Corporate governance;
  • Accounting or audit matters;
  • Tax affairs, or the tax affairs of an associate of InterGrain; or
  • Substantial mismanagement or InterGrain’s resources.
• Illegal conduct at InterGrain, or by an officer or employee of InterGrain, such as fraud, corruption, bribery, theft, violence, harassment or intimidation, criminal damage to property or other breaches of applicable laws;
• Conduct that is contrary to, or a breach of, our policies (including our Code of Conduct);
• Conduct at InterGrain that represents a danger to the public (including public health, safety or the environment);
• Conduct at InterGrain which amounts to an abuse of authority; or
• Conduct which may cause financial loss to InterGrain or damage to its reputation or be otherwise detrimental to InterGrain’s interests.

Disciplinary action may be taken by InterGrain against employees who deliberately make a false report. However, InterGrain has no intention of deterring staff from making disclosures, particularly in circumstances where a person making a disclosure has some information leading to a suspicion, but not all the relevant details.

2.3 Personal Workplace Grievances

Disclosures cannot be made under this policy about solely personal workplace grievances.

A personal workplace grievance is not a whistleblowing disclosure unless it has significant implications for InterGrain that do not relate to you, and:

• Concerns conduct (or alleged conduct) referred to in section 2.2 above; or
• Concerns victimisation or threatened victimisation, which occurs when a person is subjected to detriment as a result of:
  • Making a whistleblowing disclosure; or
  • Someone else’s belief/suspicion that the person has made or will make a whistleblowing disclosure.

A personal workplace grievance is a complaint or dispute to do with your employment (or previous employment) with InterGrain, which has implications for you personally. For example, an interpersonal conflict between you and another employee or if you are dissatisfied about a decision relating to your employment (such as about a transfer or promotion, the terms of your employment, or disciplinary matters).

Such matters will be dealt with in accordance with InterGrain’s Grievance Management Policy (as amended and/or updated from time to time).

2.4 Who Should I Disclose To?

To ensure appropriate escalation and timely investigation of matters under this policy, InterGrain encourages reports be made in writing or by phone to one of our Disclosure Coordinators.

Our Disclosure Coordinators are:

• The Chief Executive Officer; and/or
• Audit Committee/Board Member.

The Disclosure Coordinators can be contacted using the details set out below:

Alternatively, you can make a disclosure to any one of the following:

• A senior manager within InterGrain;
• An auditor or member of an audit team conducting an audit on InterGrain; or
• If the disclosure concerns InterGrain’s tax affairs or the tax affairs of an associate of InterGrain, InterGrain’s registered tax agent or BAS agent, or an employee or officer at InterGrain who has functions or duties relating to its tax affairs and who you consider may be assisted in their role by knowing that information.

2.5 Information to Include

You can make a whistleblowing disclosure to InterGrain (or a related body corporate) anonymously or through a pseudonym. If you do choose to remain anonymous, this can make it more difficult to make an assessment of and/or investigate the disclosure. If you choose to identify yourself, the Disclosure Coordinators are generally required to keep your identity confidential (see section 3 of this policy).

If you make a whistleblowing disclosure, you should provide as much detail to assist the Disclosure Coordinator(s) as you can to determine the best course of action, such as:

• when and where the relevant events occurred (e.g., dates and times);
• details of anyone involved; and
• any supporting information (e.g., documents, file notes, emails, photographs).

2.6 External Disclosures

While we will always encourage you to contact InterGrain’s Disclosure Coordinators, if you do not wish to do so, you can contact ASIC or APRA to make a whistleblowing disclosure, and you should refer to their policies about how the disclosure will be managed.

Please note that public interest and emergency disclosures (for example to a member of parliament or journalist) will only be protected if made in specific circumstances set out in the legislation.

3. Confidentiality

3.1 Whistleblower Identity Must Be Kept Confidential

Subject to section 3.2, the identity of a whistleblower (or information that is likely to lead to their identity becoming known) must be kept confidential unless the whistleblower has consented to the disclosure.

3.2 Permitted Exceptions

The identity of a whistleblower (or information that is likely to lead to their identity becoming known) may be disclosed without the whistleblower’s consent if the disclosure is made to:

• An inhouse or external lawyer for the purpose of obtaining legal advice or legal representation in relation to the operation of the Australian whistleblower laws;
• The Australian Federal Police;
• The Australian Securities and Investments Commission;
• The Australian Prudential Regulatory Authority; or
• The Australian Commissioner of Taxation if the disclosure concerns InterGrain’s tax affairs or the tax affairs of an associate of InterGrain.

3.3 Provision of Whistleblower Information to a Court or Tribunal

No person at InterGrain may disclose or produce to a court or tribunal any information or documents which discloses the identity of a whistleblower (or information likely to lead to their identity becoming known) without seeking the advice of our legal counsel.

4. Prohibition Against Victimisation

No person at InterGrain may cause or threaten any detriment to any person for a reason which includes that they or any other person:

• Is or proposes to be a whistleblower; or
• Is suspected or believed to be, or could be, a whistleblower.

However, a whistleblower may be held liable for any personal misconduct revealed by their disclosure or an investigation following a disclosure.

InterGrain may take disciplinary action against anyone found to have victimised or threatened a whistleblower.

5. Whistleblower Access to Additional Support

Any employee who makes a report or disclosure under this policy is able to access InterGrain’s Employee Assistance Program (EAP). LifeWorks has been engaged by InterGrain to provide confidential support to its employees and its family members, this service can be accessed by calling 1300 361 008.

6. Investigations of Information Disclosed Under this Policy

When a disclosure is made which may fall under this policy, the following steps must be followed except where, in the opinion of the Disclosure Coordinator, it would be inappropriate or unreasonable in the circumstances to do so:

• Any person listed in section 2.4 who receives the information must provide the information to a Disclosure Coordinator as soon as practicable, removing any information which identifies or may identify the disclosure of the information (the potential whistleblower) prior to doing so (unless the potential whistleblower has provided their consent to that disclosure);
• As soon as practicable, the Disclosure Coordinator responsible for the matter must determine whether the disclosure falls within the scope of this policy and, if so, appoint an investigator with no personal interest in the matter to conduct an investigation into the matters disclosed, if they determine it to be necessary or appropriate;
• The investigator must conduct any investigation in an objective and fair manner, ensuring to provide any employee who has been adversely mentioned in information provided by a whistleblower an opportunity to respond to the allegations in respect of them prior to any adverse findings being made;
• The outcome of the investigation must be reported to the Board or its delegated subcommittee, and may be reported to the whistleblower and any persons affected as the Disclosure Coordinator considers appropriate;
• Subject to the exceptions allowed under section 3.2 of this policy or otherwise by law, the identity of a whistleblower (or information that is likely to lead to their identity becoming known) must be kept confidential at all times during and after the investigation (including in any reporting to the Board or to any persons affected). All persons responsible for or involved in an investigation must take all reasonable steps to reduce the risk that a whistleblower will be identified; and
• A whistleblower must be provided with regular updates about the investigation (should they be contactable) during key stages, such as:
  • when the investigation process has begun;
  • while the investigation is in progress; and
  • after the investigation has been finalised.

The frequency and timeframe may vary depending on the nature of the disclosure.

A whistleblower may raise any concerns or complaints regarding this policy or their treatment with the Disclosure Coordinator.

7. Reporting to the Board or its Delegated Committee

Subject to the confidentiality obligation in section 3, the Company Secretary must provide the Board or its delegated subcommittee quarterly reports on all material whistleblower matters, including information on:

• The status of any investigations underway; and
• The outcomes of any investigations completed and actions taken as a result of those investigations.

8. How this Policy Interacts with Australian Whistleblower Laws

By making a disclosure in accordance with this policy, you may be afforded protection under Australian whistleblower laws.

While this policy principally deals with internal disclosures of information, Australian whistleblower laws also protect some types of disclosure made to external parties (such as to legal representatives, the Australian Securities and Investments Commission (ASIC), the Australian Commissioner of Taxation, members of parliament or journalists). Any person who is a whistleblower under Australian whistleblower laws must be treated in accordance with, and is entitled to, protections afforded by, this policy.

For information about these laws, see the information available on the ASIC website and the ATO website.

9. Policy Review and Availability

This policy must be reviewed by the Audit and Risk Committee at least every 2 years prior to submitting to the Board to ensure it is operating effectively. Any recommended changes must be approved by the Board.

The Company Secretary is hereby authorised to make administrative and non-material amendments to this policy provided that any such amendments are notified to the Board at or before its next meeting.

This policy and any subsequent changes are made available to all officers and employees of InterGrain. The methods by which this policy and its information are available are as follows:

• The policy and any changes are emailed to all managers;
• The policy and any changes are discussed and highlighted at the next monthly SMT meeting;
• Soft copies are kept on the server under Z:\InterGrain Document Library\Policies;
• Reference to the policy is made in the Employee Handbook; and
• Reference to the policy is made in the employee induction information packs for new starters.

10. Consequences for Non-Compliance with Policy

Any breach of this policy by an officer, employee or contractor will be taken seriously by InterGrain, and may be the subject of a separate investigation and/or disciplinary action.

A breach of this policy may also amount to a civil or criminal contravention under the Australian whistleblower laws, giving rise to significant penalties.

11. Reference Documents

• Corporations Act 2001 (Cth)
• Taxation Administration Act 1953 (Cth)
• Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth)

12. Related Documents

• IGPD0022 InterGrain Grievance Management Policy
• IGPD0023 InterGrain Code of Conduct Policy